HomeMy WebLinkAbout09/10/03 MINUTES CCMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
SEPTEMBER 10, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard (seated at 5:18) Hanson,
Sullivan (seated at 5:25), Salvaggio
Absent: None
2. WORKSHOP
a. City Technology Presentation.
Staff comments and overhead presentation by Assistant City
Manager Christensen.
Director of Information Technology Trammell gave a
presentation on GIS.
b. City Council Goal Setting.
Workshop b. continued until after Presentations.
3. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Jeanette
Cleveland of Link to Life, proclaiming October, 2003, as
"Paint the Town Pink Month."
Presentation by Mayor Hall of Proclamation to KC the Bull
and Linda Quinones-Vaughn of the Kern County Fair Board
of Directors, proclaiming September 24"' through October
2003, as "Kern County Fair Days".
Bakersfield, California September 10, 2003 - Page 2
CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation
(Significant exposure to litigation). Closed Session pursuant
to subdivision (b)(3)(d) of Government Code Section 54956.9.
One (1) potential case.
Motion by Councilmember Couch to recess to Closed Session
at the conclusion of Workshop b., at 5:44 p.m.
Motion by Councilmember Couch to recess from Closed Session
at 6:04 p.m.
ACTION TAKEN
APPROVED
APPROVED
REGULAR MEETING
1. INVOCATION by Pastor Steve Hanson, Emanuel Lutheran Church.
PLEDGE OF ALLEGIANCE by Jessica Ekegren, 5~ Grade Student at
St. John's Lutheran Church.
Mayor Hall called for a moment of prayer for past Mayor
Clarence Medders, who is ill.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
4. CLOSED SESSION ACTION
Conference with Legal Counsel - Anticipated Litigation
(Significant exposure to litigation). Closed Session pursuant
to subdivision (b)(3)(d) of Government Code Section 54956.9.
One (1) potential case.
Mayor Hall recognized the presence of a Ridgeview High
School government class and Boy Scout Troop #47.
6. PUBLIC STATEMENTS
None.
NO
REPORTABLE
ACTION
Bakersfield, Califomia September 10, 2003 - Page 3
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
Approval of minutes of Special Council Meeting August 20,
2003 and Regular Council Meeting August 27, 2003.
Payment:
Approval of department payments from August 15, 2003 to
August 28, 2003 in the amount of $ 9,786,774.35 and self
insurance payments from August 15, 2003 to August 28,
2003 in the amount of $147,825.40.
Ordinances:
c. Tevis Ranch Planned Drainage Area:
Resolution adopting the Tevis Ranch Planned
Drainage Area and Making Findings.
Ordinance amending Section 16.32.060 D. relating
to Drainage Facilities.
d. Adoption of Ordinance Revisions:
Ordinance amending Section 15.80.080 A. of the
Bakersfield Municipal Code relating to formula for
fees in-lieu of land dedication.
Ordinance amending Section 16.16.020 of the
Bakersfield Municipal Code relating to Tentative
Maps - Forms.
Ordinance amending Section 16.16.080 of the
Bakersfield Municipal Code relating to Tentative
Maps - Extension.
Ordinance amending Section 16.28.170 P. of the
Bakersfield Municipal Code relating to Lots.
Ordinance amending Section 16.52.030 of the
Bakersfield Municipal Code relating to Tentative
Maps - Appeals.
ACTION TAKEN
RES 159-03
ORD 4144
ORD 4145
ORD 4146
ORD 4t47
ORD 4148
ORD 4149
Bakersfield, Califomia September 10, 2003 - Page 4
CONSENT CALENDAR continued
Resolutions:
Assessment Distdct No. 03-2 (Buena Vista Ranch/Beisera
II, Montara II/Olive Park II):
Resolution determining assessments remaining
unpaid.
Resolution approving form and substance of
preliminary official statement and bond purchase
contract.
3. Resolution authorizing issuance of bonds.
Resolution ordering the summary vacation of the portion of
Thelma Drive and the 10' wide alley between Goodman
Street and Bernard Street.
Resolution adding territory, Area 1-43 (Allen, Noriega 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 3-22 (Akers, McKee SE)
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 4-28 (Paladino, Morning
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. 1309 to add territory, Area 3-21
(McCutchen, Mountain Ridge) to the Consolidated
Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1311 to add territory, Area 5-10
(South H, Hosking) to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving Public Works Director's Report.
ACTION TAKEN
RES 160-03
RES 16'1-03
AGR 03-280
RES '162-03
RES '163-03
RES 164-03
RES 165-03
RES '166-03
ROI 1309
ROI '13'11
o
Bakersfield, California September 10, 2003 - Page 5
CONSENT CALENDAR continued
Resolution of Intention No. 1314 to establish Traffic Signal
Maintenance District TS-9 (Gosford Village) preliminarily
adopting, confirming and approving Public Works Director's
Report.
Resolution in support of Congress passing a Concurrent
Resolution recognizing National Kid's Day.
n. Property at 2313 Elaine Street:
Resolution confirming assessment for sewer
connection fee and authorizing the collection of
assessment by the Kern County Tax Collector.
Agreement with Ruben Quintero (property owner) to
pay sewer connection fee in installments and notice
of special assessment lien.
Agreement with Bharat N. Mehta and Nita Bharat Mehta to
annex property at 6850 South Union Avenue and allow the
sewer connection fee to be paid in installments.
Agreement with Equilon Enterprises, LLC, dba Shell Oil
Products and Kyle Carter Homes, Inc. for Mohawk Street
Improvements between the Calloway Canal and Hageman
Road.
q. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Harry
A. Hardy for Tract 5762 Phase G located north of
Berkshire Road and west of Wible Road.
Final Map and Improvement Agreements with ADH
Corporation for Tract 6140 Phase 4 located south of
State Route 58 and east of Oswell Street.
Final Map and Improvement Agreements with
Cherry Hill Estates, LLC for Tract 6141 located east
of Stine Road north of Hosking Road.
Final Map and improvement Agreements with
McMillin Madison Grove, LLC for Tract 5993 Phase
6 located south of Snow Road and east of Norris
Road.
ACTION TAKEN
ROI 1314
RES 167-03
RES 168-03
AGR 03-267
AGR 03-268
AGR 03-269
AGR 03-270
AGR 03-271
AGR 03-272
AGR 03-273
AGR 03-274
AGR 03-275
AGR 03-276
AGR 03-277
Bakersfield, California September 10, 2003 - Page 6
CONSENT CALENDAR continued
item 8q. continued
Final Map and Improvement Agreement with
Almond Tree Village for Tract 6164 Phase 1 located
south of Berkshire Road and Monitor Street.
Improvement Agreements with Castle & Cooke
Commercial-CA, Inc. for Parcel Map 10522 located
north of Stockdale Highway and west of Calloway
Drive.
Agreement with Jones & Mayer to provide legal services in
the matter of Goland and Roy v City of Bakersfield, Kern
County Superior Court Case No. 250490-AEW, in an
amount not to exceed $50,000.00.
Amendment No. 6 to Agreement No. 76-153 (Kern County
Agreement #684-2003) with East Niles Community
Services District (ENCSD), Kern Sanitation Authority (KSA)
as successor to the Union Avenue County Sanitation
District and the Alta Verde County Sanitation District, for
the sale of treatment capacity and flow to ENCSD and trade
of capacities with KSA.
Amendment No. 1 to Agreement No. 03-044 (decrease in
restrictions from one year to six months) with Meyer Civil
Engineering, Inc. for improvement plan checking
engineering services.
Bids:
Accept bids from Jim Burke Ford ($119,731.04) and Mel
Clayton Ford ($25,864.42), for ten (10) pickups (4
additional, 6 replacement), for a total of ($145,595.46).
Miscellaneous:
Grant of Easement to Kenneth F. Cooper, Trustee of the
Kenneth F. Cooper Revocable Trust, dated February 19,
1996, to provide access to Stockdale Highway.
Appropriate $250,000.00 Brownfield's Economic
Development Initiative (BEDI) Grant funds to the Old Town
Kern-Pioneer Redevelopment Area Capital Improvement
Budget within the Operating Fund for the development of
two blocks of abandoned, burned out and blighted
commercial structures for the Baker Street Mixed Use
Project.
ACTION TAKEN
AGR 03-278
DELETED
AGR 03-279
AGR 76-153
AGR 03-044(1)
DEED 5943
Bakersfield, California September 10, 2003 - Page 7
CONSENT CALENDAR continued
Motion by Councilmember Couch to adopt Consent Calendar
8.a. through 8. w. with the deletion of item 8. q. 6.
HEARINGS
Hearing to consider a Resolution approving and adopting an
adjusted fee for the development and improvement of parks
within the City of Bakersfield.
Staff comments by Public Works Director Rojas.
Hearing opened at 7:19 p.m.
No one spoke.
Hearing closed at 7:19 p.m.
Motion by Councilmember Maggard to approve adoption of the
Resolution.
Metropolitan Bakersfield Regional Transportation Impact Fee,
Phase II1:
Resolution adopting the 2003-2024 Regional
Transportation Capital Improvement Plan and
Facilities List Phases I, II and III adopting the nexus
report and certifying that a Final EIR has been
completed in compliance with the California
Environmental Quality Act Guidelines.
Ordinance amending Chapter 15.84 of the Bakersfield
Municipal Code relating to a Transportation Impact
Fee on new development.
Correspondence received from Kenneth B. Bley, on behalf of
Mountain View Bravo, LLC and S & J Alfalfa, Inc., and Pauline
Larwood, Executive Director, Smart Growth Coalition of Kern
County. Correspondence was also received from the City
Attorney regarding additional language changes to the
Ordinance (scrivner clarifications).
Staff comments by Public Works Director Rojas and Assistant
Public Works Director LaRochelle.
ACTION TAKEN
APPROVED
RES f69-03
APPROVED
CONTINUED
FR
Bakersfield, California September 10, 2003 - Page 8
HEARINGS continued
item 9.b. continued
Hearing opened at 7:40 p.m.
Bruce Freeman representing Castle & Cooke, spoke in favor
of the staff recommendation provided the Resolution was
substantially unchanged since his meeting with City staff
regarding the issue. Dr. Adrian Moore, Vice-President of the
Reasoning Foundation, Roger Mclntosh representing the
BIA, spoke in favor of the staff recommendation providing
certain conditions are met;
Michael Thompson, Marvin Dean representing the Southeast
Neighborhood Housing Development Group provided
handouts, Brian Hout, on behalf of the Antongiovanni family,
and Dave Dmohowski, Project Design Consultant's, spoke in
favor of the staff recommendation.
Councilmember Couch requested the Planning and Development
Committee review and refine the methodology of the fee.
Councilmember Couch read a letter for the record from the
Board of Realtors in support of the Transportation Impact Fee.
Motion by Councilmember Couch to continue the hearing to the
Joint City/County meeting on September 15, 2003 and give first
reading to the ordinance, and directed staff to meet with County
staff and development representatives prior to the September
lgh Joint Meeting to further clarify the circumstances under
which traffic studies are allowable in connection with General
Plan Amendments.
Recess taken from 9:20 to 9:30 p.m.
ACTION TAKEN
APPROVED
t0.
tl.
Bakersfield, California September 10, 2003 - Page 9
HEARINGS continued
Resolution upholding and modifying the decision of the
Planning Commission approving Vesting Tentative Tract Map
6148 and the Negative Declaration, denying the appeals by
the Sierra Club, and Sage Community Group, Inc.
Correspondence was received from David Dmohowski, on
behalf of Sage Community Group, requesting this headng be
continued to the October 8, 2003 Council meeting.
Motion by Councilmember Maggard to continue the hearing to
the October 8, 2003 Council meeting.
Resolution upholding the decision of the Planning
Commission approving Revised Vesting Tentative Tract Map
6185 and the Negative Declaration, and denying the appeal
by Mclntosh and Associates.
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:37 p.m.
Roger Mclntosh, on behalf of Castle & Cooke spoke in
opposition to the staff recommendation.
No one spoke in support of the staff recommendation.
Hearing closed at 9:38 p.m.
Motion by Councilmember Couch to adopt the Resolution
upholding the Planning Commission's approval of the Revised
Vesting Tentative Tract Map 6185 and deny the appeal.
Councilmember Couch requested the Planning and Development
Committee review whether parks/recreational areas Inside gated
communities warrant park fee credits and the possibility of
substituting paseo/linear type parks with walking amenities for
traditional park areas.
REPORTS
None.
DEFERRED BUSINESS
None.
ACTION TAKEN
CONTINUED
APPROVED
RES 170-03
APPROVED
t2.
13.
Bakersfield, California September 10, 2003 - Page 10
NEW BUSINESS
None.
COUNCIL STATEMENTS
Councilmember Salvaggio requested an update regarding efforts
to reduce speeding at the intersection of South Eye and Sidney
Streets.
Councilmember Salvaggio requested staff provide an
explanation of empty tree wells in the median on South H Street
south of Planz.
Councilmember Salvaggio requested staff assist in completing
of clean up of railroad property, adjacent to City property, on the
east side of Hughes Lane, south of White Lane, north of
Pacheco, and complete fencing of the City property.
Councilmember Salvaggio requested:
Staff report to Council regarding major repairs necessary
on the Planz Park pool
Staff report to Council regarding major repairs necessary
on the Wayside Park pool
Investigate the use of CDGB funds for that purpose
Councilmember Salvaggio requested staff examine staffing
levels in Street Maintenance.
Councilmember Salvaggio thanked Granite Construction for starting
construction on the White Lane interchange on schedule; staff for the
Pacheco area sewer project and City police, fire and general
employees for their support for him and councilmember Hanson.
Councilmember Benham thanked Public Works for the curb cuts at
30th and F Street.
Councilmember Benham expressed her concerns regarding the
location and security of the site selected, and requested staff
solicit input from the public regarding these concerns relating
to bike facilities at Centennial Garden.
Councilmember Benham requested police assist the Alta Vista
Neighborhood Watch with problems they are experiencing.
Councilmember Benham requested Code Enforcement address
a problem on Park Way; in addition staff is to investigate the
possibility of a leaking sewer at the same location.
ACTION TAKEN
13.
Bakersfield, Califomia September 10, 2003 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested:
Public Works staff coordinate with the Urban Forester
Urban Forester be involved in on.site tree planting
Urban Forester to train staff in proper planting
techniques
Urban Forester to be moved to the Public Works
Department
Staff to read article authored by Dr. Gregory McPherson
of the Center for Urban Forest Research
Public Works Administrator attend the 2003 Annual
California Urban Forrestry Conference in Long Beach
October 23-26
Councilmember Benham provided information from the Great
Valley Center announcing a workshop, 'Public Policy Roadmap
for Advanced Communications Services Creating Better Jobs for
California's Great Central Valley,' and requested a staff member
attend the meeting in Hanford on the 17%
Councilmember Benham thanked Congressman Dooley for his
service.
Councilmember Carson thanked Congressman Dooley for his service.
Councilmember Carson thanked staff for responding to the needs of
Mrs. Solomon at 200 Augusta and Mrs. Mackey for notifying Code
Enforcement and providing temporary shelter to Mrs. Solomon; in
addition she encouraged county agencies to assist Mrs. Solomon in
any way possible.
Councilmember Carson requested City Attorney review a letter
for response.
Councilmember Carson requested staff send a letter of
congratulations to a young man being promoted to Eagle Scout.
Councilmember Carson requested staff review the turn lanes at
the intersection of California and Chester Lane, as there is
difficulty in turning without crossing over into the other lane.
Councilmember Hanson requested an update regarding the
street improvement at Ming and Ashe.
Councilmember Hanson congratulated Chief Matiock on the Police
Department receiving a million dollar grant for the COPS program.
ACTION TAKEN
13.
Bakersfield, Califomia September 10, 2003 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested an update on the status of
the horseshoe situation with Canada.
Councilmember Hanson requested an update on the purchase
of equipment from the SPCA.
Councilmember Sullivan provided information regarding her
attendance at the League of California Cities Convention in
Sacramento.
Councilmember Sullivan requested staff review the necessity of
curb cuts at the Amtrak Station on the landscaping medians.
Councilmember Maggard thanked Congressman Dooley for his
service,
Councilmember Maggard requested staff assist a Public Works
employee in need of clarification regarding disbursement of
disability checks and understanding the schedule whereby he
will receive checks.
Councilmember Couch requested the Council waive attorney.
client privilege in order to release a confidential memo regarding
the Rosedale power plant to the public for informational
purposes. The City Attorney responded affirmatively.
Councilmember Couch requested Congressman Dooley be
honored by Council.
Mayor Hall suggested a Key to the City to honor Congressman
Dooley.
Councilmember Couch requested staff contact Kevin Burton and
coordinate efforts for the memorial at Liberty Garden to honor
police, fire and EMS workers lost in the 9.11 terrorist attacks; in
addition approach City first responders about contributing $1.00
per pay period help fund the memorial.
Mayor Hall provided information regarding the Mayor's Youth
Advisory Council.
ACTION TAKEN
14.
Bakersfield, California September 10, 2003 -Page 13
ADJOURNMENT
Mayor Hall affJourned the_ meeti,
MAYOR of th~ City of Bakersfield
~J at lO:17 p. m.
ACTION TAKEN
ATTEST:
and Ex Officio Clerk o{~/~he
CITY
CLERK
City of Bakersfield, California v
Bakersfield, California September 10, 2003 - Page 14
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