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