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Home My WebLink About05/14/03 MINUTES CCPREMEETING 1. ROLL CALL Present: MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MAY 14, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard (seated at 5:19 p.m.), Hanson, Sullivan (seated at 5:19 p.m.), Salvaggio ACTION TAKEN Absent: None 2. WORKSHOP a. Presentation of the Proposed FY 2003-04 Budget. Staff comments and presentations by City Manager Alan Tandy, Assistant City Manager John W. Stinson, and Assistant to City Manager Darnell Haynes. City Manager Tandy also provided written materials. Maggard requested staff look into ways to continue with Capital Improvement Projects without affecting General Fund. Motion by Couch to recess to Closed Session at 6:17 p.m, CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: Southeast corner of Downing Avenue and Coffee Road, Bakersfield, California; Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Party: Doug Snyder- PG&E Land Services; Under Negotiation: Price and terms of payment for pumhase. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. In the Matter of the Claim of: Tarrah Breann Goland and In the Matter of the Claim of: James Ryan Roy. Motion by Couch to adjourn from Closed Session at 7:09 p.m. 126 Bakersfield, California May 14, 2003 - Page 2 REGULAR MEETING 1. INVOCATION by Father Robert Wenzinger, St. Joseph's Church. PLEDGE OF ALLEGIANCE by Jaynee Moran, 5~h Grade Student, Kylee Moran, 3ru Grade Student, and Aimee Moran, 1st Grade Student at Ronald Reagan Elementary School. 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hansen, Sullivan, Salvaggio Absent: None 4. CLOSED SESSION ACTION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: Southeast corner of Downing Avenue and Coffee Road, Bakersfield, California; Agency Negotiators: Finance Director Klimko and Real Property Manager Anderson; Negotiating Party: Doug Snyder - PG&E Land Services; Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. In the Matter of the Claim of: Tarrah Breann Goland and In the Matter of: James Ryan Roy. 5. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Mr. Fred Drew, Executive Director of Community Action Partnership of Kern, proclaiming May, 2003 as "Community Action Month". Mr. Drew introduced Charlie Rodriguez, President, Board of Directors, Community Action Partnership of Kern. Presentation by Mayor Hall of Proclamation to Minister Wesley Crawford Muhammad, proclaiming May 31, 2003, as "Blessed are the Peacemakers Day". Mayor Hall recognized the CSUB Political Science and Ridgeview High School Government classes in the audience. 6. PUBLIC STATEMENTS Minister Wesley C. Muhammad spoke and provided matedal regarding treatment of domestic violence cases. ACTION TAKEN NAT NAT Carson referred this issue to Police Chief Matlock. o Bakersfield, Califomia May 14, 2003 - Page 3 PUBLIC STATEMENTS continued Pam Sanders spoke regarding "Stand for Children" event being held on May 30, 2003. Elana Stafford spoke regarding traffic issues at the intersection of Christmas Tree Lane and Columbus Street. Jamie Rowe, Asst. Director of Bakersfield Prayer Alliance, spoke and presented material regarding State of the City meeting being held at 7:00 p.m. on June 3, 2003, at the Centennial Garden. Rick Conde, Regional Sales Manager, Diamond Z Manufacturing, spoke regarding the City's purchase of a tub grinder from Morbark. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 30, 2003 Council Meeting. Payments: Approval of department payments from April 18, 2003 to May 1, 2003 in the amount of $5,708,607.27 and self insurance payments from April 18, 2003 to May 1,2003 in the amount of $111,330.03. Ordinances: Adoption of Ordinance amending Chapter 12.40 of the Bakersfield Municipal Code relating to Street Trees requiring permits for commercial tree contractors performing work or maintenance of trees in the public right of way. (First Reading 4/30/03) Adoption of Ordinance amending Chapter 5.32 of the Bakersfield Municipal Code relating to Massage Establishments. (Pirst Reading 4/30/03) Adoption of Ordinance amending Section 2.72.230 of the Bakersfield Municipal Code relating to Reduction in Force. (First Reading 4/30/03) ACTION TAKEN ORD 4122 ORD 4123 ORD 4124 12 7 '128 (Ward 5) f. (Ward 4) g. (Ward 4) h. (Ward 1,3,4,5) k. Bakersfield, California May 14, 2003 - Page 4 CONSENT CALENDAR continued Resolutions: Resolution adding territory, Area 3-20 (Buena Vista, Panama NE), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-36 (Reina, Allen NE), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-37 (Jewetta, Noriega NW), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1297 preliminarily adopting, confirming and approving the Public Works Director's report for the Consolidated Maintenance District and the 2003-04 Budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1298 preliminarily adopting, confirming and approving the Public Works Director's report for the Consolidated Maintenance District and the 2003-04 Budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1299 preliminarily adopting, confirming and approving Public Works Director's report for the Traffic Signal Maintenance Districts and the 2003-04 Budget; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. Resolution in Support of the League of California Cities' Action for Better Cities: Save Our Services Program. ACTION TAKEN RES 068-03 RES 069-03 RES 070-03 ROI 1297 ROI 1298 ROI 1299 RES 071-03 (Ward 4,5) (Ward 2) (Ward 1) (Ward 1) Bakersfield, California May 14, 2003 - Page 5 CONSENT CALENDAR continued Assessment District No. 03-2, (Buena Vista Ranch/Belsara II/Montara 1 l/Olive Park II) 1. Resolution approving boundary map. 2. Resolution of Intention 1300. Resolution approving Acquisition and Disclosure Agreements and Authorizing changes thereto and execution thereof. Amendment No. I to Consultants Agreement No. 03-058 with Wilson & Associates for Assessment Engineering. Amendment No. I to Resolution No. 006-03 dispensing with Bidding Procedures due to Emergency Repairs of Sewer Line located in the alley between Beech and Myrtle Streets and extending from Palm Street to Dracena Street and authorizing Granite Construction to perform repairs by increasing the "not to exceed" amount to $108,000.00. Amendment No. I to Agreement No. CA 03-013 in an amount not to exceed $55,000.00 with Rutan & Tucker for outside legal services in the matter of Stevens v. City of Bakersfield, Superior Court Case No. 249329 NFT. Agreement between the City of Bakersfield and the County of Kern with Bakersfield Police Activities League (PAL) for $108,000.00 of City's Community Development Block Grant funds and $13,773.00 of County's Community Development Block Grant funds to construct a classroom and office at the PAL Youth Center, 301 E. 4th Street. Amendment No. 2 to Agreement No. 01-087/RA 01-3 with CVE Development, Inc. for modification of the repayment provision for the proposed senior housing project in the Southeast Redevelopment Project Area. Agreement with Bakersfield SPCA, a non-profit organization, to purchase seven (7) surplus computers from the City for $1.00 each, for a total of $7.00. Amendment No. I to Agreement No. 03-030 with Badger Meter, Inc. ($113,000.00 increase for a total compensation of $188,000.00) to furnish water meters for the Water Resources Department. ACTION TAKEN RES 072-03 ROI 1300 RES 073-03 AGR 03-107 AGE 03-107A AGR 03.058(1) RES 006-03(1) REMOVED FOR SEPARATE CONSIDERATION AGR 03-109 AGR 01-087(2) AGR 03-110 AGR 03-030(1) 129 (Ward 4,5,7) (Ward 4) Bakersfield, California May 14, 2003 - Page 6 CONSENT CALENDAR continued t. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6087 Phase A located north of Chamber Boulevard and east of South Allen Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6087 Phase B located north of Chamber Boulevard and east of South Allen Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6087 Phase C located north of Chamber Boulevard and east of South Allen Road. Final Map and Improvement Agreements with Centex Homes for Tract 5829 Phase 4 located south of Snow Road and east of Old Farm Road. Final Map and Improvement Agreement with D N B Development Corp. for Tract 6006 Phase I located east of Wible Road and south of Macau Street. Amendment No. 1 to Agreement No. 01-166 with Delta Microimaging for document file conversion to Laser Fiche or Micro Fiche formats. Bids: Accept bid from Allen Instruments and Supplies, $78,955.47 for Trimble GPS Surveying Equipment for Public Works. Accept bid to award contract to Loop Electric for $156,378.80 for Traffic Signal Installations at Hageman Road and Patton Way, and at Calloway Drive and Olive Drive. Resolution opposing the sale of the Kern River Power Plant by P.G.& E. ACTION TAKEN AGR 03-111 AGR 03-112 AGR 03-113 AGR 03-114 AGR 03-115 AGR 03-116 AGR 03-117 AGR 01-166(1) AGR 03-118 ABS MAGGARD REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California May 14, 2003 - Page 7 CONSENT CALENDAR continued ACTION TAKEN 10. y. Panasonic ToughBooks and Equipment (33 each) Rescind award to Oakland Computer Company and reject all bids. Authorize participation in U.S. Communities Government Purchasing Alliance to purchase 33 Panasonic ToughBooks and Equipment from GTSI Corporation for $237,731.42. Motion by Couch to approve Consent Calendar Items a. through y. with the removal of o. and x. for separate consideration. Amendment No. 1 to Agreement No. CA 03-013 in an amount not to exceed $55,000.00 with Rutan & Tucker for outside legal services in the matter of Stevens v City of Bakersfield, Supedor Court Case No. 249329 NFT. Motion by Hanson to approve Amendment to Agreement. Resolution opposing the sale of the Kern River Power Plant by P.G.& E. Maggard to take Resolution and letter to San Joaquin Valley Air Pollution Control District Board meeting on May 15, 2003. Staff to fax copies of Resolution and letter to Mr. Crow, SJVAPCD for distribution to Board members. Motion by Couch to adopt Resolution. Motion by Carson to move Reports Item a. forward. REPORTS Report No. 1-03 of the Ad Hoc Committee on Crime, Weapons, Gang Violence and Community Relations regarding a Community Action Plan. Police Chief Eric Matiock, Captain Nell Mahan, Special Enforcement Unit, Lieutenant Dave Haskins, East Area Commander and Assistant to City Manager Damell Haynes made introductions and presentations. Walter Williams, Kenny Rodriguez, and Pastor Derek Davis spoke regarding this issue. Carson referred to Community Services Committee for recommendation and report back to Council. APPROVED AGR 03-108 APPROVED RES 074.03 APPROVED APPROVED (Ward 4,5,6,7) (Ward 3) Bakersfield, California May 14, 2003 - Page 8 HEARINGS Public hearing to consider an increase in the readiness-to- serve charge for the City of Bakersfield Domestic Water System. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of City of Bakersfield Water System. Staff comments by Water Resources Manager Gene Bogart. Additional correspondence was received for a total of 4 in opposition to the increase and 1 in support for the increase with conditions. Hearing opened at 8:36 p.m. No one spoke. Hearing closed at 8:36 p.m. Motion by Couch to adopt Resolution. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6149 and Negative Declaration, and denying the appeal by Sierra Club. Staff comments by Development Services Director Jack Hardisty. Late correspondence was received from Alene M. Taber with Jackson, DeMarco and Peckenpaugh, representing Sage Community Group, in support of the Planning Commission's decision to deny the appeal by Sierra Club. Hearing opened at 8:42 p.m. Gordon Nipp and Arthur Unger, Sierra Club, provided material and spoke in opposition to staff recommendation. In addition Mary Griffin, Kern Audubon Society, spoke in opposition to the staff recommendation. Bob Odle, representing Sage Community Group, Mary Jane Wilson, President, WZl, and Eric Powers spoke in support of the staff recommendation. ACTION TAKEN RES 075-03 APPROVED RES 076-03 (Ward 6) Bakersfield, California May 14, 2003 - Page 9 HEARINGS continued Hearing item b. continued Gordon Nipp and Arthur Unger, Sierra Club, spoke in rebuttal opposition to the staff recommendation. Harry Love and Mitchell Bolt also spoke in rebuttal oppostion to the staff recommendation. Mary Jane Wilson, President, WZl, spoke in rebuttal support to the staff recommendation. Hearing closed at 9:17 p.m. Motion by Maggard to deny the appeal and adopt Resolution upholding Planning Commission decision with the condition that the applicant construct the median, and staff to bring back a reimbursement agreement at a later date to cover a portion of the cost. Couch requested staff provide him with a report on cost and funding mechanism of the light rail project. Recess taken from 10:03 p.m. to 10:13 p.m. General Plan AmendmentJZone Change 02-0641; David Milazzo is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial) and an amendment to the Zoning Ordinance changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) or more restrictive zoning on 15.43 acres located along the northwest corner of Stine Road and Panama Lane. Resolution approving the Negative Declaration and upholding the Planning Commission recommendation to deny the General Plan Amendment changing the land use designations from HMR to GC. Staff comments by Development Services Director Jack Hardisty. Hearing opened at 10:16 p.m. David Milazzo, representing Marvin Steinert and Mert Properties, provided material and spoke in opposition to staff recommendation. Frank Sinclair, President of Winter Park Homeowners Association, also spoke in opposition to staff recommendation. ACTION TAKEN APPROVED RES07~03 ]33 (Ward 3) Bakersfield, California May 14, 2003 - Page 10 HEARINGS continued Hearing item c. continued Frank Trippichio spoke in support of the staff recommendation. David Milazzo, representing Marvin Steinert and Mert Properties, spoke in rebuttal opposition to staff recommendation. Frank Trippichio spoke in rebuttal support to staff recommendation. Hearing closed at 10:45 p.m. Motion by Sullivan to adopt Resolution which approves the appeal and General Plan Amendment, overturning Planning Commission decision, approving the zone change and give first reading to Ordinance. Couch requested staff provide him with ideas to facilitate encouraging property owners to ask for zoning that is more applicable for area. Sullivan called for the question and vote was taken. General Plan AmendmentJZone Change 02-1144; Dave Dmohowski has proposed a General Plan Amendment and an ordinance amendment for 20.70 acres located approximately one-half mile south of State Route 178 along the east side of Miramonte Drive (extended). Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from LMR (Low Medium Residential) to LR (Low Density Residential) on 20.70 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 105-15 from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) on 20.70 acres. Staff comments by Development Services Director Jack Hardisty. Hearing opened at 11:31 p.m. Dave Dmohowski, ProjectDesign Consultants, on behalf of Rio Grande, LLC., spoke in support of staff recommendation. ACTION TAKEN APPROVED NS BENHAM RES07~03 FR RES 078-03 FR Hearing closed at 11:32 p.m. (Ward 5) (Ward 4) Bakersfield, California May 14, 2003 - Page 11 HEARINGS continued Hearing Item d. continued Salvaggio left the meeting at 11:35 p.m. due to illness. Motion by Maggard to adopt the Resolution and give first reading to the Ordinance. General Plan AmendmentJZone Change 02-1158; Castle & Cooke is requesting a General Plan Amendment changing the land use designation on 28,794 square feet from OS-P (Open Space-Parks and Recreational Facilities) to LR (Low Density Residential) on 14 lots located within Tentative Tract 6150 and 3 lots located within Tentative Tract 6151 generally located between Ming Avenue, White Lane, Buena Vista Road and Allen Road. Resolution approving the Negative Declaration and approving the General Plan Amendment changing the land use designation from OS-P to LR. Staff comments by Development Services Director Jack Hardisty. Hearing opened at 11:34 p.m. No one spoke. Hearing closed at 11:34 p.m. Motion by Hanson to adopt Resolution. General Plan Amendment/Zone Change 02-1248; Porter- Robertson Engineering has proposed a General Plan Amendment and an ordinance amendment for 89.31 acres, located along the west side of Allen Road, north of Noriega Road, Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-lA (Resource- Intensive Agriculture) to LR (Suburban Residential) on 89.31 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of Municipal Code and Zoning Map No. 101-14 from A (Agricultural) to R-1 (One Family Dwelling) on 89.31 acres. Staff comments by Development Services Director Jack Hardisty. ACTION TAKEN APPROVED AB SALVAGGIO RES 079-03 APPROVED AB SALVAGGIO RES 080-03 FR 135 Hearing opened at 11:36 p.m. 136 (Ward Bakersfield, California May 14, 2003 - Page 12 HEARINGS continued Hearing Item f. continued Fred Porter, representing the developer, spoke in support of the staff recommendation. Hearing closed at 11:36 p.m. Motion by Couch to adopt the Resolution and give first reading to the Ordinance. General Plan Amendment 03-0012; David Dmohowski with ProjectDesign Consultants has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan, located adjacent on the north side of Berkshire Road, between South H Street and Monitor Street. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on 19.57 acres. Staff comments by Development Services Director Jack Hardisty. Hearing opened at 11:38 p.m. Dave Dmohowski, ProjectDesign Consultants, representing Lennox Homes, spoke in support of staff recommendation. Hearing closed at 11:38 p.m. Motion by Couch to adopt Resolution. ACTION TAKEN APPROVED AB SAL VA GGIO RES 081-03 APPROVED AB SAL VA GGIO 10. 11. REPORTS Item a. moved forward on the agenda. DEFERRED BUSINESS None. 12. NEW BUSINESS None. t3. Bakersfield, California May 14, 2003 - Page 13 COUNCIL AND MAYOR STATEMENTS Maggard requested staff look at ways to mitigate the dangers at Christmas Tree Lane and Columbus Street and then meet with him to discuss. Maggard requested staff look into placement of a street light in the area of Panorama Drive as it turns north towards Manor, at the end of the new Panorama Park. Hanson referred to Police correspondence he received regarding drug dealing problem in the southwest. Hanson requested staff give an update of the hydraulic floor for the new aquatic center. City Manager Tandy responded. Hanson requested staff give an update on the Morbark, Inc. issue. City Attorney Thiltgen responded. Hanson requested staff respond to questions regarding Minter Field hangar construction. Public Work Director Rojas responded. Sullivan requested staff look into the feasibility, cost, and maintenance of trash receptacles being placed at GET bus stops. Sullivan referred to Community Services Committee the feasibility of changing the Mayor's Youth Advisory Council to the City Council Youth Advisory Council. Benham referred to staff correspondence she received regarding a panhandling problem in the area of State Route 178 and Union Avenue. Benham encouraged participation with the Baker Street Charette on Friday, May 16, at 6:00 p.m. at the Center for the Blind on Baker Street. Carson spoke regarding the young woman that was shot and then went on to graduate from Cai State and is now a social worker. Couch wished female Councilmembers a belated Happy Mother's Day. Couch requested staff expedite the process for access to the Coffee Road easement on two developments in the Riverlakes Ranch area. ACTION TAKEN 137 13. Bakersfield, California May 14, 2003 - Page 14 COUNCIL AND MAYOR STATEMENTS continued Couch made suggestions regarding the criteria for selecting recipients of presentations by the Mayor and suggested recognition be given to a child involved in a bus driver incident. Couch spoke regarding an invitation he received from from Cai State to speak at the Phi Sigma Induction Ceremony on the 18th. Couch referred to staff correspondence regarding remote control railroads and requested staff contact the sender for further information. Mayor Hall responded to Couch's statement regarding criteria for selecting presentation recipients, and indicated the child involved in the bus driver incident is scheduled for presentation in next few weeks. ACTION TAKEN 14, ADJOURNMENT Mayor Hall adjourned the meeting at 12:01 a.m. ~AYbR of the C~ of Bakersfleld//CA ATTEST: CITY CLERK and Ex Officio Clfl~r~ of th~--- City of Bakersfield, California