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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