HomeMy WebLinkAbout09/18/02 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER '18, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PREMEETING
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
(seated at 5:17 p.m.)
None
2. WORKSHOP
None.
Motion by Salvaggio to recess to Closed
Session at 5:t7 p.m.
3. CLOSED SESSION
Public Employee Performance Evaluation -
City Attorney; Closed Session pursuant to
Government Code Section 54957
Motion by Salvaggio to adjourn from Closed
Session at 6:58 p.m.
ACTION TAKEN
APPROVED
NAT
APPROVED
REGULAR MEETING
INVOCATION by Rev. Nancy McMaster, Valley
Christian Church
PLEDGE OF ALLEGIANCE by Kristin Hailing, 5th
Grade Student, Thorner Elementary School
3. ROLLCALL
Present:
Absent:
Mayor Hall, Vice Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
None
26S
Bakersfield, California, September 18, 2002- Page 2
CLOSED SESSION ACTION ACTION TAKEN
Mayor Hall announced there was no reportable
closed session action.
PRESENTATIONS
Sheryl Barbich, President of Greater
Bakersfield Vision 2020, presented the 2002
American Planning Award for the Greater
Bakersfield Vision 2020 Project to Mayor
Harvey L. Hall, and A Spirit of the Vision
award for implementation of the Community
Policing Project to Chief Eric Matlock.
Mayor Hall presented Certificates to National
Roller Skating Champions: Tyler Fries,
Hillary Barnes, Alyssa Boyer, Brittnay
Stewart, Jennifer Lizalde, Krista Brandon,
Brooke Fries.
PUBLIC STATEMENTS
Andre Minuth, M.D., introduced himself as a
candidate for the 20th District Congressional
seat.
Harold Sugden spoke regarding traffic
patterns in the Riverlakes area.
Scott McKee, who played a tape of noise
recorded in his backyard. Craig Miller and
Jess Perales made comments regarding
noise in Liberty Park.
Mary Burris, Dale Simpson, and Robert
Catalano spoke in opposition to the
temporary street closure precipitated by the
Highway 99 Car Show and Street Fair, and
presented a petition signed by approximately
112 downtown business owners in
opposition to the closure.
Benham referred to staff the concerns of the
affected business owners and requested staff
assist the business owners if possible.
Couch referred to staff information he has about
the Highway 99 Car Show and Street Fair and
requested that it be provided to Mr. Simpson.
Bakersfield, California, September 18, 2002 - Page 3
PUBLIC STATEMENTS continued
ACTION TAKEN
The following individuals spoke regarding the
pool complex: Fr. Jim LaCasse, Keith
Moore, Patricia Skehan, Gregory Bynum,
Scott Begin, Susan Begin, and Gary
Ridgeway.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. September 4, 2002 Council Meeting.
Payments:
Payments from August 23, to September 5,
2002 in the amount of $15,980,277.74; and
Self Insurance payments from August 23, to
September 5, 2002 in the amount of
$501,575.18.
Ordinances:
Adoption of an ordinance adopting the
Negative Declaration and amending Section
17.06.020 of Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-36
from A (Agriculture) to Rol (One Family
Dwelling) zone on 38 acres located at the
northeast corner of Mckee Road and Wible
Road. (ZC 02-0541) (First reading 9/4/02)
(Ward 7)
ORD 4081
General Plan Amendment and change of
zone from Residential, Church to Office
Commercial/Planned Unit Commercial at the
southwest corner of Noriega and Calloway
Roads. (P01-1036) (Ward 4)
Resolution approving the Negative
Declaration and adopting the General
Plan Amendment to change land use
designations from LR to OC on 7.92
acres.
RES f56.02
2 69
Bakersfield, California, September 18, 2002 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Ordinance adopting the Negative
Declaration, upholding the Planning
Commission's recommended C-
O/PCD (Planned Commercial
District) zone and amending Title 17
of the Municipal Code and Zoning
Map 102-18 from R-l-CH to the
Planning Commission
Recommended C-O/PCD on 7.92
acres. (First reading 9/4/02)
ORD 4082
Adoption of an ordinance partially upholding
the decision of the Planning Commission,
adopting a Negative Declaration and
amending Section 17.06.020 (Zone Map No.
103-22) of Title 17 of the Bakersfield
Municipal Code by changing the zoning from
an R-3 (Limited Multiple Family Dwelling)
Zone to PCD (Planned Commercial
Development) Zone on 7.5A acres, located
on the southeast corner of Mount Vernon
Avenue and State Highway 178 appealed by
Rich/Matz Bakersfield LLC (File 02-0263)
(First reading 9/4/02) (Ward 3)
ORD 4083
Adoption of an ordinance repealing Chapter
14.16 of the Bakersfield Municipa~ Code and
adding new Chapter 14.16 relating to sewer
use in the unincorporated area; amending
Section 14.04.030(E) relating to water
service; and repealing Sections 14.04.030(F)
and (G). (First reading 9/4/02)
ORD 4084
g. Ordinances relating to Appeals:
Adoption of an ordinance amending
Chapter 15.84.100 of the Bakersfield
Municipal Code relating to Appeals -
Transportation Impact Fee. (First
reading 9/4/02)
ORD 4085
Adoption of an ordinance amending
Chapter 17.64.090 of the Bakersfield
Municipal Code relating to Appeals -
Modifications, conditional use permits
and zone changes. (First reading
9/4/02)
ORD 4086
Bakersfield, California, September 18, 2002- Page 5
CONSENT CALENDAR continued
ACTION TAKEN
First reading of an ordinance amending
Section 17.06.020 (Zone Map No. 102-23) of
Title 17 of the Bakersfield Municipal Code by
changing the zoning from a Planned
Commercial Development (PCD) zone to a
Revised Planned Commercial Development
(PCD) zone to allow a Recreational Vehicle
Park and related uses on 16.32 acres
located on the southwest corner of Pacheco
and Wible Roads. #02-0540) (Ward 7)
FR
Resolutions:
Resolution authorizing the Finance Director
to dispense with usual bidding procedures
and to purchase Harris Microwave
Equipment for various radio communications
sites, not to exceed $200,000.
RES 157-02
Resolution confirming the approval by the
City Manager or his designee of the report of
the Chief Code Enforcement Officer
regarding assessments of certain properties
in the City of Bakersfield for which structures
have been secured against entry or for the
abatement of certain weeds, debris and
waste matter and authorize collection of the
assessments by the Kern County Tax
Collector (Wards 1,2.3,7)
RES 158-02
Resolution determining that a Street Lamp
Microwave Video Surveillance System for
use by the Police Department cannot be
obtained through the usual bidding
procedures and authorize the Finance
Director to dispense with bidding, not to
exceed $36,000.
RES 159-02
Resolution declaring real property, located at
515 Truxtun Avenue, surplus to needs of the
City. (~Nard 2)
REMOVED FOR
SEPARATE
CONSIDERATION
Agreement with the Greater
Bakersfield Convention and Visitors
Bureau to acquire a portion of 515
Truxtun Avenue at no cost to build a
new Convention and Visitors Center
and business offices.
Bakersfield, California, September 18, 2002 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Changes to Salary Schedule and Revised
Job Specifications:
Amendment No. 5 to Resolution No.
122-01 setting salaries and related
benefits for officers and employees of
the General Supervisory, Police
Supervisory and Management Units
and adopting salary schedule and
related benefits for Director of
Operations -Parks.
RES 122-0'1(5)
Revised Job Specification: Director
of Operations - Recreation & Parks
Director of Operations - Parks.
Authorization to fill Recreation
Superintendent position.
Agreements:
o. Tract Maps/Improvement Agreements:
Final Map and Improvement
Agreement with Castle & Cooke
California, Inc. Tract 5430, Phase L,
located north of White Lane, west of
Old River Road. (Ward 4)
AGR 02-266
Final Map and Improvement
Agreement with Castle & Cooke
California, Inc., for Tract 5430, Phase
M, located nodh of White Lane, west
of Old River Road. (Ward 4)
AGR 02-267
Final Map and Improvement
Agreement with Porter-Robertson
Engineering and Surveying Inc., for
Tract 5518, Phase 1, located south of
Highway 178, east of Miramonte
Drive. (Ward 7)
DELETED
Agreement to Indemnify LAFCO to City
Annexation No. 429, Proceeding 1321,
uninhabited territory located along the north
side of Ming Avenue, west of Anita Lane.
(Ward 7)
AGR 02-268
Bakersfield, California, September 18, 2002 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Agreement with Bakersfield Association for
Retarded Citizens, a non-profit organization,
to purchase five surplus computers from the
City for $1.00 each for a total of $5.00.
AGR 02-269
Agreement with the Bakersfield City School
District, not to exceed $11,018 to conduct
After-School Recreation Programs.
AGR 02-270
Agreement with Bakersfield Rescue Mission,
$50,500 of Emergency Shelter Grant funds
to support the essential services and
operating costs necessary to continue
services at the Bakersfield Rescue Mission,
830 Beale Avenue. 0Nard 2)
AGR 02-27'1
Agreement with Bethany Services, $50,500
of Emergency Shelter Grant funds to support
the operating costs necessary to continue
services at the Bakersfield Homeless Center,
1600 East Truxtun Avenue. (Ward 2)
AGR 02-272
Contract to purchase real property,
$210,000, at 900 13th Street with Reynaldo
Ruiz and Maria D. Ruiz. (Ward 2)
AGR 02-273
DEED 5723
Contract to purchase real property,
$200,000, at 825 14th Street with Arlene K.
Hunter. (Ward 2)
AGR 02-274
DEED 5724
Transportation Impact Fee Agreement with
Coleman Homes, credit not to exceed
$116,960 for Tract 5932 located at the
southwest corner of Calloway Drive and
Noriega Road and Tract 5934 located at the
northwest corner of the Kern River Canal
and Buena Vista Road. (Ward 4)
AGR 02-275
Agreement with URS Corporation,
$1,999,867 for preparation of the Tier II
Environmental Document for the Westside
Parkway. (Wards 4,5)
AGR 02-276
Amendment No. I to Agreement No. 02-178
with Loop Electric to add $28,000 (total
contract amount of $78,000) for vehicle loop
cutting at various intersections within the
City.
A GR 02-178fl)
273
Bakersfield, California, September 18, 2002 - Page 8
CONSENT CALENDAR continued
Bids:
Accept bid to award contract to A-C Electric
Company for $148,333 for the Traffic Signal
and Lighting Installations on Mount Vernon
Avenue at Church Avenue and on Mount
Vernon Avenue at Panorama Drive. (Ward 3)
Miscellaneous:
Appropriate $54,283 Transient Occupancy
Tax fund balance to the Non-Departmental
Operating Budget and authorize payment to
the Convention and Visitors Bureau.
bb.
California Water Service Company request
for an easement at 11000 Kern Canyon
Road to provide potable water service to the
Mesa Matin ball diamonds. Ward 3)
CC.
Transfer $25,000 Council Contingency to the
General Fund Non-Departmental Operating
Budget for a contribution to the North
Bakersfield Recreation and Park District for
relocation of soccer lights in Liberty Park.
dd.
Transfer $27,000 of California
Multi Jurisdictional Methamphetamine
Enforcement Team appropriations in the
Police Department Budget in the General
Fund to the Public Works Department's
Operating Budget in the Equipment
Management Fund to purchase a van.
Maggard announced conflict of interest on Consent
Calendar item 8.z. due to potential source of
income.
Motion by Salvaggio to adopt Consent Calendar
Items a. thru dd. with the deletion of Item 8.o.3
Final Map and Improvement Agreement for Tract
5518 Phase 1 and amendment to item 8. x.
agreement with URS Corporation; with separate
consideration of item 8.L
ACTION TAKEN
CON 02-277
ABS MAGGARD
DEED 5725
A PPRO VED
Bakersfield, California, September 18, 2002 - Page 9
275
CONSENT CALENDAR continued
Resolution declaring real property, located at
515 Truxtun Avenue, surplus to needs of the
City. (Ward 2)
Agreement with the Greater
Bakersfield Convention and Visitors
Bureau to acquire a portion of 515
Truxtun Avenue at no cost to build a
new Convention and Visitors Center
and business offices.
Motion by Maggard to refer item 8.1. to the Urban
Development Committee for review.
ACTION TAKEN
APPROVED
HEARINGS
Hearing to consider ordinances amending
Chapters 15.04, 15.12, 15.16, 15.28 and
15.32 of the Bakersfield Municipal Code
relating to the 2001 California State Codes.
Hearing opened at 8:10 p.m.
No one spoke at hearing.
Hearing closed at 8:10 p.m.
Motion by Salvaggio for first reading of
the ordinance.
Protest hearing for proposed Assessment
District No. 02-1 (Avalon/Belsera/
MontaraFFhe Woods): (Ward 4)
Resolution approving Final
Engineer's Report, levying
assessments ordering improvements,
and authorizing and directing related
actions.
Resolution determining
assessments remain unpaid.
Resolution authorizing of
Issuance of Bonds.
FR
APPROVED
RES 160-02
RES 161-02
RES 162-02
Hearing opened at 8:11 p.m.
Bakersfield, California, September 18, 2002- Page 10
HEARINGS continued
ACTION TAKEN
b. No one spoke at hearing.
Hearing closed at 8:11 p.m.
Motion by Couch to adopt the
resolutions.
APPROVED
Appeal by Stier's Leisure Vehicles, Inc. of
the Board of Zoning Adjustment's approval
of a Conditional Use Permit No. 02-660 to
allow a recreational vehicle sales and
service center within and adjacent to an
existing 102,492 square foot vacant home
improvement building in a C-2 zone district
at 6801 Colony Street. (Ward 7)
Jack Hardisty, Development Services
Director, gave a brief update.
William Alexander, on behalf of Stier's
Leisure Vehicles, Inc., spoke in opposition of
staff recommendation.
Lee Fitzgerald, owner of Venture Out RV,
and Wayne Kress spoke in support of staff
recommendation.
Will Alexander spoke in rebuttal in opposition
of staff recommendation.
Lee Fitzgerald spoke in rebuttal in favor of
staff recommendation.
Hearing closed at 8:36 p.m.
Maggard requested staff provide
information regarding simultaneous
closing of escrows on property in
question, and if the CUP applicant is
jeopardized if none of the properties
close until all close. Staff to provide
information regarding previous times
applications were accepted by agent
rather than applicant; and provide
information regarding the extent of the
non-conforming use to the standard C2
zone and why the CUP is required.
Motion by Salvaggio to continue APPROVED
decision to November 6, 2002 meeting.
Bakersfield, California, September 18, 2002- Page 11
10.
REPORTS
Mayor Hall recessed the meeting at 9:15 p.m. and
reconvened 9:22 p.m.
ACTION TAKEN
City Manager Report No. 4-02 regarding $2
Million for Southeast Bakersfield Projects.
Computer presentation by Donna Kunz
Economic Development Director.
Motion by Carson to approve and implement
staff recommendations:
· Take actions necessary to begin the
streetscape of Lakeview Avenue from
California Avenue to Virginia Street be
initiated immediately;
· Staff initiates adjustments in the Section
108 and Block Grant Budgets to
implement the list of projects continued
in the attached list of recommendations.
It should be specifically noted that the
Section 108 projects will not occur until
that grant is approved and received.
APPROVED
Urban Development Committee Report No.
2-02 regarding Space Needs and City Hall
Alternatives.
City Manager Alan Tandy gave a computer
presentation and made comments.
Motion by Couch to approve and
implement staff recommendations to
pursue a detailed exploration of the
purchase of an existing building in
accordance with the criteria outlined,
including refinement of costs, phasing,
integration with other City facilities, a
financing plan and related work.
A PPR 0 VED
11.
Bakersfield, California, September 18, 2002- Page 12
DEFERRED BUSINESS
ACTION TAKEN
a. Aquatic Facility - Pool Sizing Issue.
Comments and computer presentation by
City Manager Alan Tandy.
Couch requested staff provide
information on the status and some
history on the house west of 0 Street;
also requested staff provide 'real'
numbers regarding the number of long
course swimmers in the City.
Benham requested future Council
presentations include the following:
· Exploration of possibilities for full
use of an Olympic sized pool;
· Potential for rental of the facility to
community groups and
businesses;
· More information on year round
use;
· Fully explore the potential for
partnership with other agencies
including the High School District,
Superintendent of Schools, and
Bakersfield City Schools;
· Directed staff to clarify exactly
what information the High School
District requires and get that
information to the District by
September 25, and also provide all
updated site plans to the District;
· Explore expansion of the pool site,
provide numbers, and explore
whether the City can realize cost
savings if a single pool that
combined both Olympic and zero
entry elements was built, revisit
that and find out if this project
would be a better choice on this
site;
· Explore the possibility of delaying
installation of amenities and
building necessities at the present
addressed as well as the
resolution of the storage issue.
12.
13.
Bakersfield, California, September 18, 2002- Page 13
NEW BUSINESS
ACTION TAKEN
COUNCIL & MAYOR STATEMENTS
Couch submitted referrals to Assistant City
Manager Christensen previous to the meeting.
Couch requested one staff member be assigned
as a liaison to work directly with veterans
concerns.
Couch requested staff provide a status report
regarding the IlO acres next to Wastewater
Treatment Plant No. 2, if it has been offered for
sale and the feasibility of using it for use as the
Corporation Yard, at least temporarily.
Carson referred a request from the D & D
Developers to Development Services Director
Hardisty.
Carson requests staff review the residents
concerns regarding the house on Williams
Street and Houser and outline how, and what if
anything, can be done to alleviate the problem
for the residents in that area.
Benham requested staff take a second look at
the lock installed on the Dunsmuir St. alley. It
appears to be inadequate as racing is still taking
place in that location.
Benham requested that ali Charrette
implementation issues go to the Urban
Development Committee, and particularly that
the Veterans Memorial Park issue be transferred
from Community Services Committee to Urban
Development Committee.
Sullivan presented, on behalf of the children of
Panama Baptist Church, scrolls commemorating
the anniversary of the 9-11 terrorist attacks,
expressing their support and appreciation for the
service provided to the community to the Fire Chief
and Police Chief.
Maggard thanked Public Works Director Rojas,
for facilitating the curb cut near Truxtun and
Pine and requested staff explore the feasibility
of a similar project at the corner of Panorama
and Haley and report back..
Bakersfield, California, September 18, 2002 - Page 14
Maggard requested staff email a copy of the
proposal for the Comanche Dr. and Alfred
Harrell Hwy. alignment to him.
ACTION TAKEN
Maggard requested Urban Development
Committee review the issue of making
application for grant money for Veterans
Memorial Park monuments; establishing a policy
regarding monuments to be placed in Central
Park; and contact John Fallgatter at Bakesfield
College who can provide assistance with the
grant application process.
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 11:36
p.m/
MA'~OI~ of tl-~City'of Ba~kersfJe~d, CA
ATTEST:
CITY CLERK and Ex Offic~ Clerk of
the Council of the City of Bakersfield