Loading...
HomeMy WebLinkAbout11/05/03 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING NOVEMBER 5, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:50) Benham, Maggard, Hanson, Sullivan (seated at 5:24), Salvaggio Absent: None. Due to circumstances that arose after the posting of the agenda, Vice-Mayor Couch motioned to add item 2.x. to the Consent Calendar in order to address necessary unanticipated repairs to the carrier canal. t.a. PUBLiCSTATEMENTS 2. CONSENT CALENDAR Minutes: Approval of minutes of Regular Council meeting of October 22, 2003. Payments: Approval of department payments from October 10, 2003 to October 23, 2003 in the amount of $5,457,399.39 and self insurance payments from October 10, 2003 to October 23, 2003 in the amount of $411,501.40. Ordinances: First Reading of Ordinance amending the Downtown Redevelopment Plan to eliminate the time limit on the incurrence of debt for the Downtown Redevelopment Project Area pursuant to Health and Safety Code Section 33333.6. First Reading of Ordinance repealing Section 2.24.023 of the Municipal Code relating to the approval of sale or lease of property. ACTION TAKEN APPROVED AB SULLIVAN REMOVED FOR SEPARATE CONSIDERATION 100 2o Bakersfield, California November 5, 2003 - Page 2 CONSENT CALENDAR continued Resolutions: e. Authorization to apply for 2002 Resource Bond Act funds: Resolution approving the applicant to apply for grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Resolution approving the applicant to apply for grant funds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Resolution levying amended assessment amounts for parcels located in Assessment District 03-2 (Buena Vista Ranch/Belsera II/Montara II/Oliver Park II). Resolution supporting renewal of the Recycling Market Development Zone No. 26 Program (Year 2004 to 2014). Resolution adding territory, Area 1-35 (Jewetta, Meacham West) 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 1-42 (Olive, Old Farm 4) 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. 1318 to add territory, Area 3-24 (Panama, Stine SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and Department Presentations for January through December 2004. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION RES 194-03 RES195~3 RES 196-03 RES 197-03 ROI 1318 RES 198-03 101 Bakersfield, California November 5, 2003 - Page 3 CONSENT CALENDAR continued Amendment No. 9 to Resolution No. 122-01 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units; and, adopting salary schedule and related benefits for City Attorney. m. Brimhall Planned Sewer Area: Resolution of Intention No. 1317 to establish the Brimhall Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to Sewer Facilities. Agreements: Agreement with Kern Delta Water District to purchase seepage losses in unlined canals. Cooperative Fire Protection Agreement with the Sequoia National Forest Service, USDA Forest Service. Agreement to secure construction of improvements and guaranteeing payment for acquiring off-site real property interests for Vesting Tentative Tract Map No. 6141; appropriate $20,000.00 developer share project cost to the City Attorney's operating budget within the general fund to cover costs associated with eminent domain proceedings for Vesting Tentative Tract Map No. 6141. Agreement with ESC Enterprises to grant sole and exclusive right to operate the food and beverage concession business at the Aquatic Center and Ice Center. Amendment No. 5 to Agreement No. 98-222 with HTE, Inc. ($158,905.35) for service support of licensed software. Contract Change Order No. 3 to Agreement No. 03-018 with S. C. Anderson inc. for total credit of $4,932.81 (for a revised contract amount of $5,459,599.17) for the Bakersfield Ice Center Project. ACTION TAKEN RES 122-01(9) ROI 1317 FR AGR 03-316 AGR 03-317 AGR 03-318 AGR 03-319 AGR 98-222(5) CC03 03-018 Bakersfield, California November 5, 2003 - Page 4 CONSENT CALENDAR continued Contract Change Order No. 1 to Agreement No. 03-101 with Elite Landscaping Inc. for $15,724.26 (for a revised total amount of $416,114.26 Bids: Accept bid from FS3 ($47,254.35) for two (2) replacement Holmatro Rescue Tools for the Fire Department. Miscellaneous: Appropriate funds for pre-development analysis and appraisals - Baker Street and City Walk Mixed Use Projects. Appropriate $50,000.00 Old Town Kern Housing Fund balance to the Economic and Community Development Department Operating Budget for professional services and pro-development analysis for the Baker Street Mixed Use Project. Appropriate $50,000.00 Southeast Project Aroa Housing Fund balance to the Economic and Community Development Department Operating Budget for professional services and pro-development analysis for the Citywalk Mixed Use Project. w. Upgrade Police Lieutenant position to Police Captain position. x. Failure of Carrier Canal Culvert at 19t~ and Oak Streets: Resolution dispensing with bidding procedures due to emergency repairs resulting from collapsed underground culvert at 19th Street, west of Oak Street, not to exceed $2,000,000.00 (initial estimate only). Appropriate $2,000,000.00 (initial estimate of costs) Sewer Enterprise Fund loan to the Agriculture Water Fund's Capital Improvement Budget. Motion by Vice Mayor Couch to adopt Consent Calendar items 8.a. through 8.x., with the removal of items 8. e. and 8.d. for separate consideration. ACTION TAKEN CC01 03-101 RES 199-03 APPROVED AB SULLIVAN 103 Bakersfield, California November 5, 2003 - Page 5 CONSENT CALENDAR continued First Reading of Ordinance repealing Section 2.24.023 of the Municipal Code relating to the approval of sale or lease of property. Motion by Councilmember Maggarcl to deny the First Reading of the Ordinance. e. Authorization to apply for 2002 Resource Bond Act funds: Resolution approving the applicant to apply for grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Resolution approving the applicant to apply for grant funds for the Roberti-Z'Berg-Hards Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Motion by Councilmember Salvaggio to approve the Resolutions. Councilmember Benham requested an update regarding item 2.x. City Manager Tandy and Public Works Director Rojas responded. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation; Closed Session pursuant to subdivision (b)(3)(d) of Government Code Section 54956.9. One (1) potential case. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case, Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. City v. Kern Delta Water District; Ventura County Superior Court Case No. CIV 22211g. ACTION TAKEN APPROVED NS HANSON, SULLIVAN RES 192-03 RES 193-03 APPROVED 104 Bakersfield, California November 5, 2003 - Page 6 Motion by Vice-Mayor Couch to recess to Closed Session at 5:59 p.m. Motion by Couch to recess from Closed Session at 6:56 p.m. ACTION TAKEN APPROVED APPROVED REGULAR MEETING 1. INVOCATION by Pastor Robert Johnson, Kern Christian Center. PLEDGE OF ALLEGIANCE - National Anthem by Daisy Sanchez, Sophomore at Bakersfield College. 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. Council and staff introduced Student Body Representatives participating in Teen City Government Day: Ellen Dobie, Bakersfield High School; Deedra Araujo, Centennial High School; Madisyn Coniglio, East Bakersfield High School; Andrew Cox, Foothill High School; Philip McDermott, Games High School; Mike Girgosian, Highland High School; Sarah Springer, Liberty High School; Philip Chapin, North High School; James Witmyer, Bakersfield Christian High School; Ben Gardner, Stockdale High School; Anisa Hernandez, South High School; Albert Sanchez, West High School, Sarah Mangan, Ridgeview High School. 4. CLOSED SESSION ACTION Conference with Legal Counsel - Anticipated Litigation; Closed Session pursuant to subdivision (b)(3)(d) of Government Code Section 54956.9. One (1) potential case. NAT b. Conference with Legal Counsel - Potential Litigation; Closed DIRECTION TO Session pursuant to subdivision (c) of Government Code CITY ATTORNEY Section 54956.9. One (1) potential case. Bakersfield, California November 5, 2003 - Page 7 CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. City v. Kern Delta Water District; Ventura County Superior Court Case No. CIV 222119. The City Council, by a vote of 7.0 directed the City to dismiss the action of City of Bakersfield v. Kern Delta Water District, Ventura County Superior Court Case No. CIV 222119. PRESENTATIONS None. Mayor Hall recognized a Political Science Class from Bakersfield College. PUBLIC STATEMENTS Stacy Lugo spoke regarding installation of a traffic signal at the intersection of Brimhall and Windsong. Vice-Mayor Couch requested staff expedite installation of the planned signal at the intersection of Brimhall and Windsong; that the installation be completed before the start of the next school year; staff to take short term measures, 4-way stop, flashing lights, paint, signs, trees trimmed to improve sight line, installation of temporary signs on neighboring property to enhance safety; conduct a traffic study to determine if reduction of speed limit is warranted; approach state legislators about expanding parameters regarding establishment of school zones; and assure power is supplied to the intersection. Mary K. Shell spoke regarding an amendment to the Building Code regarding noise and provided written material with signatures. Councilmember Benham requested the Planning and Development Committee review amendment of the Building Code regarding construction noise in established neighborhoods. Recess taken from 7:34 p.m. to 7:43 p.m. CONSENT CALENDAR Consent Calender was heard at the 5:15 portion of the meeting. ACTION TAKEN APPROVED Bakersfield, California November 5, 2003 - Page 8 HEARINGS General Plan AmendmentJZone Change 03-0341; Floyd Hinesley has proposed a General Plan Amendment for 40 acres located generally south of McKee Road, between Wible Road and State Highway 99. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-lA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 15.36 acres and from ER (Estate Residential) to HMR on 3.75 acres and from R-lA to LR (Low Density Residential) on 20 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to an R-2 (Limited Multiple Family Dwelling) zone on 19.11 acres and to an R-1 (One Family Dwelling) zone on 20 acres. Corrections have been made to the Resolution regarding findings on page 4. Staff comments by Development Services Director Hardisty. Hearing opened at 7:45 p.m. Fred Porter with Porter-Robertson spoke in favor of the staff recommendation. Hearing closed at 7:46 p.m. Motion by Councilmember Salvaggio to adopt the Resolution and give first reading to the Ordinance. Item 9.b. was considered following item 9.c. ACTION TAKEN RES 200-03 FR APPROVED 1'0 7 Bakersfield, California November 5, 2003 - Page 9 HEARINGS continued Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract Map 6148 located on the east side of Alfred Harreil Highway, south of the Kern River Golf Course and the Mitigated Negative Declaration, denying the appeals by the Sierra Club and Sage Community Group, Inc. Correspondence was received form David Dmohowski, Project Design Consultants, on behalf of Sage Community Group, withdrawing their appeal, Additional correspondence was received from Babak Naficy. Staff comments by Development Services Director Hardisty. Hearing opened at 7:52. Harry Love, on behalf of the Sierra Club, spoke in opposition to the staff recommendation and presented wdtten material. Roger Mobley, RGP Planning, on behalf of Sage Community Group, and Fred Woody, WZI, spoke in favor of the staff recommendation. Hearing closed at 8:01 p.m. Motion by Councilmember Maggard to adopt the Resolution and deny the appeal provided the following conditions are met: East edge of road along the edge of Cattle King Estates dedicated to the City. Applicant will provide up to $10,000 to the Cattle King Estates Homeowners Association for landscape architecture Condition of approval number 6 is modified to allow construction of new lane improvements on the west side of AIfred Harrell Hwy. in lieu of frontage improvements on the east side of the roadway Applicant will widen pavement by a lane width and construct median turn lanes on Lake Ming Road at Cattle King Estates and the Rio Bravo Tennis Reso~ Applicant will install landscape buffer between lot lines and the easement adjoining Cattle King Estates Applicant will provide screening and planting of landscape material in the vicinity of the four residential lots closest to the driving range of the Kern River Golf Course ACTION TAKEN RES 201-03 APPROVED AB BENHAM Bakersfield, California November 5, 2003 - Page 10 HEARINGS continued General Plan Amendment/Zone Change 03-0764; McMillan Albany, LLC has proposed a General Plan Amendment on 5 _+ acres located along the northwest corner of Progress Road and Panama Lane. Resolution approving the Mitigated Negative Declaration, upholding the Planning Commission's disapproval of the requested LR (Low Density Residential) and denying the appeal for a LR land use designation. Resolution adopting the Negative Declaration, upholding the Planning Commission's disapproval of the requested R-1 (One Family Dwelling) and denying the appeal for a R-1 zone. The Resolution has been corrected changing the location to be Progress Road and Panama Lane. Staff comments by Development Services Director Hardisty. Hearing opened at 8:30 p.m. Harold Robertson, Porter-Robertson Engineering & Surveying representing McMillan Albany LLC, spoke to request a continuation of the hearing. Motion by Councilmember Hanson to continue the hearing to the December 10, 2003 Council Meeting. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract Map 6191 and the Negative Declaration, denying the appeal by the Sierra Club (Ralph W. Miller, Trustee) located on the south side of Paladino Drive, west of Morning Drive. Staff comments by Development Services Director Hardisty. Hearing opened at 8:35 p.m. Harry Love, Sierra Club spoke in opposition to the staff recommendation and provided handouts. ACTION TAKEN APPROVED Motion by Councilmember Maggard to continue the hearing to APPROVED the November 19~ Council Meeting. AB HANSON ]09 · Bakersfield, California November 5, 2003 - Page 11 9. HEARINGS continued e. Resolution approving the issuance of Multi-family Housing Revenue Bonds (not to exceed $30,000,000.00) by the California Statewide Communities Development Authority (TEFRA). Staff comments by City Manager Tandy. Hearing opened at 8:39 p.m. No one spoke. Motion by Councilmember Maggard to continue the hearing to the December 10~ Council Meeting. t0. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. MAYOR AND COUNCIL STATEMENTS Councilmembar Benham requested staff address parking problems on Verde Street across from Roosevelt School and provided contact information. Councilmember Benham requested staff address citizens' concerns on Pacific Street and provided contact information. Councilmember Benham requested staff follow up on a previous citizen request and provided contact information. Councilmember Benham conveyed thanks from the Principal at Franklin School to the Police and Fire Departments for excellent, rapid response to the car accident at the school. ACTION TAKEN CONTINUED TO f2-10-03 APPROVED 110 13. Bakersfield, California November 5, 2003 - Page 12 MAYOR AND COUNCIL STATEMENTS Councilmember Benham expressed gratitude that no one was injured during the street collapse at 19t' and Oak Street; assured constituents that the City is conducting a very through review of the incident, that she is receiving regular staff updates concerning repair progress; thanked Bakersfield's citizenry for using alternate routes and effected area businesses, Dr. Steve Johnson, Dr. James Kilpatrick and Jim Burke Ford for their understanding and cooperation during this ordeal. Councilmember Benham expressed appreciation to the Water Department and whoever else might be involved, for the new trees on the bikepath between Calloway and Stockdale Bridge. Councilmember Maggard thanked the Police Department for the ride- along on Halloween. Councilmember Maggard requested staff clarify the requirements and responsibilities regarding rear fences in the Tuscany Development. Councilmember Maggard requested staff ensure the drilling for mineral and sulfur springs at the Rio Bravo Resort not be allowed to generate an odor nuisance. Councilmember Maggard requested staff petition legislators for more local control regarding the installation of traffic lights. Councilmember Salvaggio thanked Lt. Taylor, Senior Officer Carbajal and Senior Officer McVicker for their efforts to abate the off road problem on South H Street between Berkshire and Hosking and requested the effort be continued. Councilmember Salvaggio thanked Police Chief Matlock, Capt. Lynn, Capt. Brown, Lt. Bivens and staff for assistance in dealing with problems and establishing a Neighborhood Watch Program in the Loyalton/Castleford neighborhoods. Councilmember Salvaggio thanked Code Enforcement, Dennis Fiddler and Code Enforcement Officers for help in multi-family housing areas, and the Water Department for sump clean-up. Councilmember Hanson requested staff provide more stringent enforcement of speed laws on Broad Oak. Councilmember Hanson requested the Legislative and Legislation Committee review City Code regarding parking of recreational vehicles with trailers. ACTION TAKEN 11t 13. Bakersfield, California November 5, 2003 - Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Hanson wished everyone a happy holiday season and thanked God for bringing him to the United States, Councilmember Carson requested staff address illegal activities at the dead. end of Bright St. Councilmember Sullivan requested staff investigate the parking of big rigs along Wible south of Hosking and take measures to remedy the situation. Councilmember Sullivan expressed appreciation to local artist Zachary Thomas for creating the Statue of Liberty mural downtown. Vice.Mayor Couch reiterated his request that staff immediately address the traffic issue at the Brimhall/Windsong intersection; that he be prepared with a plan of action before the community meeting at Columbia School on November 10 and the Fruitvale School District Meeting November 18. Vice-Mayor Couch requested staff advise appropriate staff the landscaping at the Calloway and Brimhall underpass needs maintenance. Vice. Mayor Couch requested an update on a previous request from Councilmember Carson regarding the formula for Fire Department personnel and examine ways to fund future Fire Stations. Vice-Mayor Couch made comments regarding the Citizens Volunteer Corp. Vice-Mayor Couch announced there is a memo from him to the public regarding the proposed sale and re.opening of the Rosedale Power Plant on the City website. In addition Assemblyman McCarthy has sent a letter to the PUC requesting a public hearing in Bakersfield regarding the issue and Vice- Mayor Couch would like the letter acknowledged. ACTION TAKEN t4. Bakersfield, California November 5, 2003 - Page 14 ADJOURNMENT Mayor Hall adjourned the meeting at 9:20p. m. MA~'O~ of the City of Bakers~eld,~A / ATTEST: CITY CLERK and Ex Officio C~'rk of the City of Bakersfield, California ~ ACTION TAKEN