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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 THIS PAGE INTENTIONALLY LEFT BLANK