HomeMy WebLinkAbout06/11/03 MINUTES CC161
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JUNE 11, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 p.m. and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Maggard, Hanson, Sullivan, Salvaggio
Absent: Benham
2. WORKSHOP
a. Department Budget Presentations.
1. Centennial Garden
Jim Foss, Executive Director of Centennial Garden, presented
overview, video and provided written material
Salvaggio requested staff clarify the business forecast
information. Staff responded.
APPOINTMENTS
One appointment to the Historic Preservation Commission,
due to the expiration of term of Anthony Ansolabehere, term
expired March 30, 2002.
Motion by Couch to confirm Mayor's appointment of Susan
Stussy to the Historic Preservation Commission, term to expire
March 30, 2006.
PRESENTATIONS
Presentation by Mayor Hall acknowledging retired Detective
Billy Martin for his heroic assistance to a crime victim, and the
Bakersfield Police Department on March 11, 2003.
Presentation by Councilmember Sullivan of Mayor's
Proclamation to Audrey Chavez, Bakersfield AIDS Project,
proclaiming June 19 - 28, 2003, as "AIDS Compassion
Week."
Audrey Chavez presented information packets and t-shirts
commemorating the AIDS quilt to Councilmembers.
APPROVED
AB BENHAM
162
Bakersfield, California June 11, 2003 - Page 2
REPORTS
Report on Implementation Plan for the Voluntary City-Wide
Curbside Recycling Program.
Public Works Director Raul Rojas introduced Solid Waste
Director Kevin Barnes and the recycling team who made a
video and computer presentations.
Couch presented a check for his enrollment in the Curbside
Recycling Program.
Motion to accept report and implement recommendations.
City Manager Report No. 4-03 on Housing and Urban
Development Timeliness Regulations in relationship to
Community Development Block Grant (CDBG) funded
activities.
Economic Development Director Donna Kunz gave oral report.
Carson requested staff clarify use of leftover unprogramed
monies and entitlement. Staff responded.
Motion to accept report.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. City of Bakersfield v Kern Delta Water
District, Kern County Superior Court.
Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8, Property: Commercial
Retail/Industrial Complex 5455 A-B and 5601 A-C Rosedale
Highway, Bakersfield, California, Agency Negotiator: Real
Property Manager Donald Anderson; Negotiating Party:
Charles A. Magnus; Under Negotiation: Price and terms of
payment for purchase.
Motion by Couch to recess to Closed Session at 6:09 p.m.
Motion by Couch to adjourn from Closed Session at 6:55 p.m.
ACTION TAKEN
APPROVED
AB BENHAM
APPROVED
AB BENHAM
DELETED
APPROVED
AB BENHAM
APPROVED
AB BENHAM
163
Bakersfield, California June 11, 2003 - Page 3
REGULAR MEETING - 7:00 p.m.
INVOCATION by Reverend Mark J. Lawrence, St. Paul's Episcopal
Church
PLEDGE OF ALLEGIANCE by Jessica Boden, 7t~ Grade Student at
Bakersfield Christian School.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Maggard, Hanson, Sullivan, Salvaggio
Absent: Benham
3.a. ADDITIONAL ITEM
8.CC
Resolution to approve the submission of a grant application
to fund necessary planning and feasibility studies to
establish an Off-Highway Vehicle Recreation Area in or
near Metropolitan Bakersfield.
Motion by Maggard to add item that arose after the agenda
was posted and required action prior to the next scheduled
meeting.
4. CLOSED SESSION ACTION
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. City of Bakersfield v Kern Delta Water
District, Kern County Superior Court.
Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8, Property: Commercial
Retail/Industrial Complex 5455 A-B and 5601 A-C Rosedale
Highway, Bakersfield, California, Agency Negotiator: Real
Property Manager Donald Anderson; Negotiating Party:
Charles A. Magnus; Under Negotiation: Price and terms of
payment for purchase.
5. PRESENTATIONS
City Clerk McCarthy stated that presentations were made at the
5:15 p.m. portion of the meeting.
ACTION TAKEN
APPROVED
AB BENHAM
NAT
DELETED
164
(Ward 3)
(Ward 7)
Bakersfield, California June 11, 2003 - Page 4
PUBLIC STATEMENTS
Arthur Unger spoke regarding benefits of placing solar
panels on houses.
b. Paul Sturgeon spoke regarding Item 8.x.
c. Scott Gilliam spoke regarding Item 8.x.
Sullivan introduced her daughter, Julie, and her granddaughter,
Jessica, who gave the pledge.
APPOINTMENTS
City Clerk Pamela McCarthy stated that the appointment was
made in the 5:15 p.m. portion of the meeting.
CONSENT CALENDAR
Minutes:
Approval of minutes for Regular Council Meetings of May
19, 2003 and May 28, 2003.
Payments:
Approval of department payments from May 16, 2003 to
May 29, 2003 in the amount of $6,193,836.53 and self
insurance payments from May 16, 2003 to May 29, 2003 in
the amount of $75,521.33.
Ordinances:
First Reading of Ordinance adopting Notice of Exemption
and amending Section 7.06.020 (Zone Map No. 104-06) of
Title 17 of the Municipal Code by changing the zoning from
an R-1 HD (One Family Dwelling Hillside Development)
zone to an OS (Open Space) zone on 40 acres (ZC 03-
0360).
Adoption of Ordinance amending Chapter 5.56 to limit the
size of transient outdoor businesses to 400 square feet.
(First Reading 5/28/03)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 101-13 from C-1 (Neighborhood Commercial) to
R-2 (Limited Multiple Family Dwelling) on 1.38 acres,
located along the west side of South H Street 150 feet
south of Pacheco Road. (First Reading 5/28/03)
ACTION TAKEN
ORD 4128
ORD 4129
(Ward 6)
(Ward 3)
(Ward 4)
(Ward 5)
(Ward 6)
(Ward 4)
(Ward 4)
Bakersfield, California June 11, 2003 - Page 5
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration
and amending Section 17.06.020 of Title 17 of the
Municipal Code and Zoning Map 123-35 from an R-1 (One
Family Dwelling) zone to an E (Estate) zone located on the
north side of McKee Road, between Stine Road and Akers
Road. (ZC 03-0179) (First Reading 5/28/03)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 124-30 from R-S 2.5A (Residential Suburban-2.5
acres minimum), E (Estate), A (Agriculture), C-2 (Regional
Commercial), and M-2 (General Manufacturing) to R-1
(One Family Dwelling) zone on 27.91 acres, located
generally north of Hosking Avenue, west of South Union
Avenue. (First Reading 5/28/03)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 101-25 from RS-5A (Residential Suburban 5 acres
minimum) to E-14,000 (Estate-minimum 14,000 square
feet) zone on 4.77 acres, located west of Jewetta Avenue
approximately 250 feet south of Birchhaven Avenue. (First
Reading 5/28/03)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 123-19 from C-1 (Neighborhood Commercial) to
R-1 (One Family Dwelling) on 11.98 acres and R-1 (One
Family Dwelling) to C-2 PCD (Regional Commercial
Planned Commercial Development) on 13.90 acres located
at the southeast corner of Pacheco Road and Buena Vista
Road and 13.90 acres located at the northeast comer of
Buena Vista Road and the alignment of Hards Road (ZC
03-0009). (First Reading 5/28/03)
Resolutions:
Resolution ordering Judicial Foreclosure of Delinquent
Assessments in Assessment District 93-2 (Stine/Harris).
Resolution adding territory, Area 1-38 (Brimhall, Jenkins
SW) 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. 1302 to add territory, Area 1-39
(Allen, Merlot) to the Consolidated Maintenance Distdct and
preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
ORD 4130
ORD 4131
ORD 4132
ORD 4~33
RES 091-03
RES 092.03
ROI 1302
165
166
Bakersfield, California June 11, 2003 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
(Ward 3)
(Ward 1)
(Ward 1,2)
Resolution approving Development Plan Review for
construction of a 54 unit apartment complex on a 1.78+
acre site, within an R-3/P.U.D. (Limited Multiple Family
Dwelling/Planned Unit Development) zone district, located
at 2100 Height Street.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City of Bakersfield
property identified as Annexation No. 449 located east of
South Union Avenue, generally between Panama Lane and
the Arvin-Edison Canal.
Resolution authorizing the requisite City personnel to
execute all documents required to access Section 108 Loan
Guarantee Funds of $4.1 million for construction and
rehabilitation of various public facilities.
RES 093-03
RES 094.03
RES 095.03
AGR 03-160
AGR 03-160(A)
AGR 03-160(B)
AGR 03-'160(C)
AGR 03.160(D)
A GR 03-160(E)
AGR 03-160(F)
AGR 03-160(G)
AGR 03-160(H)
DEED 5854
(Ward 7)
(Ward 7)
(Ward 3,4)
Agreements:
Subordination AgreementJConsent to Grant of Pipeline
Easement between the City of Bakersfield and Kern Delta
Water District for canal crossing at Macau Street and Kern
Delta Water District Easement.
Subordination Agreement~Consent to Grant of Pipeline
Easement between the City of Bakersfield and Kern Delta
Water Distdct for canal crossing at McKee Road and Kern
Delta Water District Easement.
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with
Castle & Cooke California, Inc. for Tract 6111 Units
1, 2, & 3 located west of Calloway Drive and north of
the Cross Valley Canal.
Final Map and Improvement Agreements with
Castle & Cooke California, Inc. for Tract 6127 Units
1 & 2 located east of Jewetta Avenue and north of
the Cross Valley Canal.
DEED 5852
DEED 5853
AGR 03.133
AGR 03-134
AGR 03-135
AGR 03-136
AGR 03-137
AGR 03-138
Bakersfield, Califomia June 11, 2003 - Page 7
CONSENT CALENDAR continued
Final Map and Improvement Agreements with
Castle & Cooke California, Inc. for Tract 6128 Units
1, 2, 3, 4, 5 & 6 located east of Jewetta Avenue and
north of the Cross Valley Canal.
ACTION TAKEN
AGR 03-139
AGR 03-140
AGR 03-141
AGR 03-142
AGR 03-143
AGR 03-144
AGR 03-145
167
(Ward 5)
Bids
W.
Final Map and Improvement Agreements with Kyle
Carter Homes, Inc. for Tract 6019 located south of
Olive Drive and west of Rivedakes Drive.
Final Map and Improvement Agreement with Porter-
Robertson Engineering and Surveying, Inc. for Tract
5518 Phase 2 located south of State Route 178 and
east of Miramonte Drive.
Final Map and Improvement Agreements with
Williams Investment Group for Tract 6108 located
west of Allen Road and north of Palm Avenue.
Voluntary City-Wide Curbside Recycling Program
Agreement with Smurfit Recycling Company for
processing recyclables. (No cost)
Agreement with Metropolitan Recycling Corporation
(MRC) for collection of recyclables. (Compensation
of $63.00 per year ($5.25 per month) for each
subscriber to the Program within the hauler area.)
Agreement with the Governor's Office of Emergency
Services.
Amendment No. I to Agreement No. 02-099 with
Versaterm, Inc. for software to support the Police
Department's Computer Aided Dispatch (CAD).
Agreement with Naffa International for plan checking
commercial/residential plans.
Accept bid to award project to MGE Underground, Inc. in
the amount of $134,299.50 for the installation of Traffic
Signal Interconnect on Gosford Road.
Accept bid to award annual contract to Gilliam & Sons,
Incorporated, not to exceed $320,000.00, for earthmoving
and hauling.
AGR 03-146
AGR 03-147
AGR 03-148
AGR 03-149
AGR 03-150
AGR 03.151
AGR 03-152
AGR 03.153
AGR 02-090(1)
AGR 03-154
AGR 03-155
ABS MAGGARD
REMOVED FOR
SEPARATE
CONSIDERATION
168
(Ward 2)
Bakersfield, California June 11, 2003 - Page 8
CONSENT CALENDAR continued
Accept bid to award annual contracts to Target Specialty
Products, Wilbur-Ellis Company, and Univar USA,
Incorporated, not to exceed $158,000.00, for chemical
insecticides and herbicides for the Parks and Water
Resources Departments.
Reject all bids to resurface Jefferson Park Tennis and
Basketball Courts.
Miscellaneous
aa.
Acceptance of Rebate from California Energy Commission
for "Cool Roof" at Police Department ($2,460.00)
bb.
Appropriate $306,000.00 from Office of Emergency
Services to the General Fund Fire Department Operating
Budget for overtime costs incurred at mutual aid
assignments.
cc.
Resolution to approve the submission of a grant application
to fund necessary planning and feasibility studies to
establish an Off-Highway Recreation Area in or near
Metropolitan Bakersfield.
Motion by Couch to adopt Consent Calendar Items a. through
cc., with the removal of x. for separate consideration.
Accept bid to award annual contract to Giiliam & Sons, Inc.,
not to exceed $320,000.00, for earthmoving and hauling.
Motion by Maggard to refer item to Budget and Finance
Committee for analysis of split bid and re-bid after
Committee makes recommendation.
Carson recognized Mr. Gilliam and requested he clarify the
hourly rate he has listed in his bid. Mr. Gilliam responded.
Salvaggio recognized Finance Director Gregory Kiimko and
requested he explain the bid specifications.
Substitute motion by Carson to move forward with the
awarding of the bid and approve the agreement.
Carson called for the question and vote was taken.
ACTION TAKEN
AGR 03-157
AGR 03.158
A GR 03-159
RES 096-03
APPROVED
AB BENHAM
AGR 03-156
NAT
APPROVED
NS MAGGARD
HANSON
ABS COUCH
AB BENHAM
Bakersfield, California June 11, 2003 - Page 9
HEARINGS
a. Public Hearing to consider residential refuse rate increases
for Fiscal Year 2003/04 (2.5% proposed rate increase).
Staff comments by Public Works Director Raul Rojas.
City Clerk announced that 14 letters of protest and 1 letter
in support of the increase have been received of the over
50,000 notices that were mailed.
Hearing opened at 8:05 p.m.
No one spoke.
Hearing closed at 8:06 p.m.
Motion by Couch to adopt the Resolution.
b. Public Headng to consider commercial refuse rate
increases for Fiscal Year 2003/04 (2.5% proposed rate
increase)
Staff comments by Public Works Director Raul Rojas.
Hearing opened at 8:07 p.m.
No one spoke.
Hearing closed at 8:07 p.m.
Motion by Couch to adopt the Resolution.
ACTION TAKEN
RES 097.03
APPROVED
AB BENHAM
RES 098-03
APPROVED
AB BENHAM
169
170
Bakersfield, California June 11, 2003 - Page 10
HEARINGS continued
Protest Hearing as required by Resolution of Intention No.
1297 regarding the street landscaping assessments for the
Consolidated Maintenance District.
Resolution approving and adopting the Public
Works Director's report for the Consolidated
Maintenance District and the 2003-2004 budget,
confirming the street landscaping assessments and
authorizing collection of assessments by the Kern
County Tax Collector. (No increase in rates)
Staff comments by Public Works Director Raul Rojas.
City Clerk announced that 8 letters of protest and no
letters in support of the assessment have been received of
the over 50,000 notices that were mailed.
Hearing opened at 8:09 p.m.
No one spoke.
Hearing closed at 8:09 p.m.
Motion by Couch to adopt the Resolution.
Protest Hearing as required by Resolution of Intention No.
1298 regarding the park landscaping assessments for the
Consolidated Maintenance District.
Resolution approving and adopting the Public
Works Director's report for the Consolidated
Maintenance District and the 2003-2004 budget,
confirming the park landscaping assessments and
authorizing collection of assessments by the Kern
County Tax Collector. (No increase in rates)
Staff comments by Public Works Director Raul Rojas.
City Clerk announced that 8 letters of protest and no
letters in support of the assessment have been received of
the over 50,000 notices that were mailed.
Hearing opened at 8:10 p.m.
No one spoke.
Hearing closed at 8:11 p.m.
ACTION TAKEN
RES 099-03
APPROVED
AB BENHAM
RES 100-03
APPROVED
Motion by Couch to adopt the Resolution.
AB BENHAM
(Ward 1,3,4,5)
Bakersfield, California June 11, 2003 - Page 11
HEARINGS continued
Protest Hearing as required by Resolution of Intention No.
1299 regarding assessments for eight (8) Traffic Signal
Maintenance Districts.
ACTION TAKEN
1. Resolution approving and adopting the Public RES '10'1-03
Works Director's report for eight Traffic Signal
Maintenance Districts and the 2003-2004 budgets,
confirming the assessments and authorizing
collection of assessments by the Kern County Tax
Collector.
Staff comments by Public Works Director Raul Rojas.
Hearing opened at 8:12 p.m.
No one spoke.
Hearing closed at 8:12 p.m.
Motion by Couch to adopt the Resolution.
APPROVED
AB BENHAM
· (Ward 2) f. Consideration of a Disposition and Development RES 102-03
Agreement with Parkview Cottages, LLC and Parkview
Builders, LLC, to carry out the purposes of the
Redevelopment Project, for property bounded by 23"~
Street on the north, R Street on the west, Kern island
Canal on the east and 21st Street on the south.
Economic Development Director Donna Kunz made
computer presentation and provided written material.
Staff comments by City Manager Alan Tandy regarding
redevelopment funds.
Maggard requested staff supply Council with copies of
renderings and schematics of the plot plans.
Hearing opened at 9:10 p.m.
No one spoke.
Hearing closed at 9:11 p.m.
Motion by Salvaggio to adopt the Resolution.
APPROVED
AB BENHAM
171
172
10.
Bakersfield, California June 11, 2003 - Page 12
HEARINGS continued
g. Public Hearing for the FY 2003-04 Operating, Bakersfield
Redevelopment Agency and Capital Improvement
Program Budgets.
Staff comments by Assistant City Manager John W.
Stinson.
Hearing opened at 9:12 p.m.
No one spoke.
Hearing closed at 9:13 p.m
Mayor Hall announced a Conflict of Interest on Report item 10.a.
due to source of income and stated that he was recusing himself
from discussing the matter. Vice-Mayor Couch assumed the
leadership of the meeting after Mayor Hall called for a 5 minute
recess.
Recess taken from 9:14 p.m. to 9:30 p.m.
REPORTS - see additional items at 5:15 p.m.
a. Ambulance Rate Review:
1. Ambulance Rate Modification Study Update.
2. Consideration of Emergency Ordinance amending
Bakersfield Municipal Code Section 5.10.120
related to Ambulance Service Charges.
3. Continuance of ambulance rate review effective
date.
Staff comments by Assistant City Manager John W.
Stinson.
Couch requested a meeting with the consultant, and
would like the other Councilmembers to have the
same opportunity, without violating the Brown Act.
Motion by Maggard to adopt the Emergency Ordinance.
.ACTION TAKEN
NAT
ORD 4~34
APPROVED
AB BENHAM
APPROVED
Motion by Carson to extend the time period 60 days. AB BENHAM __
173
11.
12.
13.
Bakersfield, California June 11, 2003 - Page 13
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
COUNCIL AND MAYOR STATEMENTS
Carson requested staff look into code enforcement issues at
three corner lots at Potomac and Haley.
Carson requested staff research the issue of a constituents
claim that he is paying the bill for a light in an alley off of
Ming Avenue.
Salvaggio commended staff on a memo regarding an alley
clearance and pruning project.
Salvaggio requested staff expedite removal of graffiti on the
masonry wall at Custer and South H Street.
Salvaggio thanked Public Works and Parks staff for finishing the
median and landscaping project on South H Street, from Wilson
Road to White Lane.
Salvaggio commented on the letter he received stating that Gene
Tackett is resigning from Hall Ambulance.
Hanson requested staff look into correspondence received
from Greenfield School District regarding termination of
contract with the City for recreation services.
Hanson requested staff respond to questions he has
regarding correspondence between City and SPCA deaflng
with budget cutbacks.
Maggard requested Police Chief Matlock meet with him after
the meeting.
Sullivan requested staff provide her with information
regarding the owners of the old Zody's property at Ming
Avenue and Akers Road, and look into code enforcement
issues on the property.
Sullivan requested staff repair the sidewalk on the east side
of Ming Avenue and Wilson Road, and the stamped concrete
in the median on Ming Avenue, turning north onto New Stine
Road and investigate the reason these two areas have
recently buckled.
ACTION TAKEN
174
13.
Bakersfield, California June 11,2003 - Page 14
COUNCIL AND MAYOR STATEMENTS continued
Sullivan complimented staff on the work being done in the median
on White Lane, on the west side of Highway 99, and encouraged
the other Councilmembers to take a look at it.
Couch requested staff look into ways the City can help North
Bakersfield Parks & Recreation and the Kern County Sheriff
with the issue of a sex offender frequenting the Greanacres
Gym.
Couch requested staff provide a recommendation, in place of
the ineffective 72 hour parking rule, regarding complaints he
received about motorhomes, campers, etc. being parked on
the streets for extended periods of time.
Couch complimented City Manager Tandy on his correspondence
to the SPCA.
Couch stated that he and Maggard participated in a golf
tournament to raise funds for the Liberty Gardens project and that
the golf tournament raised $7473.00 for the project, with
additional fundraisers to follow.
Couch presented a check from Mr. Carlock, Highway 99
Committee, in the amount of $533.81, as the last payment for the
sound system donation for the Recreation and Parks Department.
ACTION TAKEN
14.
ADJOURNMENT
Vice-Mayor Couch adjourned the meeting at 9:24 p.m.
[VlA'~OR'o~the"~Ci~y of B~ersfieid~
/
ATTEST:
CITY CLERK and Ex Officio Clerk/eythe
City of Bakersfield, California