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HomeMy WebLinkAbout11/19/03 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING NOVEMBER 19, 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. ACTION TAKEN I. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson Benham, Maggard, Hanson, Sullivan (seated at 5:25), Salvaggio Absent: Hanson 2. PRESENTATIONS Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2003 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. Recipients are Gena Brown, Fire Department; Ed Dorsey, Centennial Garden; Darlene Wisham, Finance; Jim Movius, Development Services; Jenny Estes, City Attorney; Rachel Meek, Police Department; David Paquette, Animal Control/Development Services (Extra Mile Award winner); Holly Larson, Recreation and Parks; J(Se B. Gonzales, Recreation and Parks; Patricia Richter, EDCD; Pete Martin, Public Works; Donald Ray Whitmore, Sr., Water Resources; Mike Conner, Public Works; Martin Willey, Police Department; and Chris Bowles, Fire Department. 3. PUBLIC STATEMENTS None. 4. APPOINTMENTS Appointment of Economic Development Director as regular member and Principal Planner as the alternate member to the Board of Zoning Adjustment, terms expiring December 1, 2003. Motion by Vice-Mayor Couch to appoint the Economic Development Director as a regular member and Principal Planner as the alternate to the Board of Zoning Adjustment. APPROVED AB HANSON, SULLIVAN 114 Bakersfield, Califomia November 19, 2003 - Page 2 CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the November 5, 2003. Payment: Approval of department payments from October 24, 2003 to November 6, 2003 in the amount of $7,269,638.91 and self insurance payments from October 24, 2003 to November 6, 2003 in the amount of $159,023.84. Ordinances: 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. 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 located generally south of McKee Road, between Wible Road and State Highway 99 (ZC 03- 0341). Resolutions: e. Brimhall Planned Sewer Area: Resolution adopting the Brimhall Planned Sewer Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. ACTION TAKEN ORD 4157 ORD 4158 RES 202-03 ORD 4159 Bakersfield, California November 19, 2003 - Page 3 CONSENT CALENDAR continued f. Changes to Salary Schedule and New/Revised Job Specifications: Amendment No. 7 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Animal Control Officer. 2. New Job Specification for Animal Control Officer. Revised Job Specifications for Building Inspector III - Generalist, Building Inspector III - Electrical Specialist, Building Inspector III - Plumbing and Mechanical, and Wastewater Treatment Plant Lab Technician. Resolution terminating Agreement No. 99-242/RA99-2 to use Tax Increment Revenue to reimburse the City for up to $275,000.00 for costs associated with the replacement and installation of street lights on Baker Street between Highway 178 and Truxtun Avenue. Resolution adding territory, Area 3-24 (Panama, Stine 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. i. Emergency Repairs required at four Carrier Canal Crossings: Resolution dispensing with bidding procedures due to emergency repairs required at the four Carrier Canal Crossings, not to exceed $1,700.000.00 (initial estimates only). Appropriate $1,700,000.00 (initial estimate of costs) Sewer Enterprise Fund loan to the Agriculture Water Fund's Capital Improvement Budget. Resolution of Intention No. 1253 to add territory, Area 1-25 (Stockdale, Allen NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 046-02(7) RES 203-03 RES 204-03 REMOVED FOR SEPARATE CONSIDERATION ROI f253 ]16 ' Bakersfield, California November 19, 2003 - Page 4 CONSENT CALENDAR continued Agreements: Agreement with Bakersfield Senior Citizen Center for $50,000.00 of FY 2003-04 Community Development Block Grant (CDBG) funds for operational expenses at the Center, 530 4t~ Street. Agreement with Bethany Services for $51,000.00 Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services at the Bakersfield Homeless Shelter, 1600 East Truxtun Avenue. Agreement with Bakersfield Rescue Mission for $51,000.00 Emergency Shelter Grant (ESG) funds to support the essential services and operating costs necessary to continue services at the Bakersfield Rescue Mission, 830 Beale Avenue. n. Bakersfield Municipal Airport Ground Leases: Ground Lease Agreement with Omdahl Harvesting, Inc. (Dan Lamb) for purposes of constructing an aimraft storage hangar at the Bakersfield Municipal Airport. Ground Lease Agreement with Omdahl Harvesting, Inc. (L. Keith Lamb) for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. Ground Lease Agreement with Charles Douglas for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. o. Material Grinding at the Mount Vernon Recycling Center: Agreement with JWR, not to exceed $100,000.00, to grind greenwaste material at the Mount Vernon Recycling Center. Appropriate $30,000.00 County share and $70,000.00 Solid Waste Enterprise Fund balance to the Operating Budget. ACTION TAKEN AGR 03-320 AGR 03-321 AGR 03-322 AGRO~323 AGR 03-324 AGR 03-325 AGR 03-326 '1! 7 Bakersfield, California November 19, 2003 - Page 5 CONSENT CALENDAR continued Memorandum of Understanding with North Bakersfield Recreation and Parks District for use of two (2) lighted fields at the 40 acre park at Stockdale Highway and Buena Vista Road. q. Southeast Infill Housing Targeted Area: Agreement regarding acquisition of property for construction of affordable housing with Southeast Bakersfield Community Neighborhood Housing Development Group, not to exceed $10,000.00 of Community Development Block Grant (CDBG) funds. Agreement regarding acquisition of property for construction of affordable housing with D.O.D. Development, not to exceed $10,000.00 of Community Development Block Grant (CDBG) funds. Agreement to indemnify LAFCO for City Annexation No. 441, Proceeding 1362, uninhabited territory located west of Allen Road, generally north of Noriega Road. s. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 2 located west of Monitor Street and south of Berkshire Road. Final Map and Improvement Agreements with Hampton Place, LP, for Tract 6007 Unit 3 located south of Palm Avenue and west of Allen Road. Final Map and Improvement Agreements with Parkside 88 and Elmer F. Karpe, Inc., for Tract 6018 located north of Hageman Road and west of Coffee Road. Final Map and Improvement Agreement with D.R. Horton Los Angeles Holding Company for Tract 6107 Phase 3 located north of Hageman Road and east of Calloway Drive. Final Map and Improvement Agreements with San Joaquin Development Group II, LLC, for Tract 6152 Phase 1 located south of McKee Road and west of Wible Road. ACTION TAKEN AGR 03-327 AGR 03-328 DEED 5984 AGR 03-329 DEED 5985 A GR 03-330 AGR 03-331 A GR 03-332 AGR 03-333 A GR 03-334 AGR 03-335 AGR 03-336 AGR 03-337 AGR 03-338 ]1 8 Bakersfield, California November 19, 2003 - Page 6 CONSENT CALENDAR continued Item 5.s. continued Final Map and Improvement Agreements with Bakersfield Avalon, LLC, for Tract 5968 Phase 4 located south of Olive Drive and east of Old Farm Road. Final Map and Improvement Agreements with Harry Hardy for Tract 5944 Phase 3 located south of McKee Road and west of Akers Road. Final Map and Improvement Agreements with McMillin South San Lauren, LLC, for Tract 6042 Phases 1 and 2 located south of Krebs Road and west of Mohawk Street. Amendment No. 1 to Agreement No. 02-061 with Centennial Center, LLC for leased space at 900 Truxtun Avenue. Amendment No. 1 to Agreement No. 02-089 with Maranatha Corporation to extend the project completion date for the Southeast Infill Housing Project to June, 2004, and enlarge the targeted area boundaries up to Union Avenue. Amendment No. 2 to Agreement No. 03-044 with Meyer Civil Engineering, Inc., ($30,000.00, for a total compensation not to exceed $80,000.00) for improvement plan checking engineering services. Amendment No. 1 to Agreement No. 03-154 with Naffa International for $50,000.00 for commemial plan check services for a revised contract amount of $110,000.00. Correction of August 27, 2003 Agenda item s. to reflect appropriate developer, Parkside 88, named in Agreement No. 03-245 for the construction of road connection to Coffee Road from Tract 6018. ACTION TAKEN AGR 03-339 AGR 03-340 AGR 03-341 AGR 03-342 AGR 03-343 AGR 03-344 AGR 03-345 AGR 03-346 AGR 02-06t(~) AGR 02-089(1) DEED 5986 AGR03-~4~ AGR 03-154('1) ]19 Bakersfield, California November 19, 2003 - Page 7 CONSENT CALENDAR continued Sids: Construction of Parking Lot Expansion at P Street and 14th Street: Accept bid to award contract to Griffith Company ($385,000.00) for the project. Appropriate $165,000.00 Offstreet Parking Lot Fund balance to the Capital Improvement Budget. Accept bid to award contract to Granite Construction Company ($345,834.00) to construct Chester Avenue Streetscape project from 34th Street to West Columbus Street. aa. Accept bid from Downtown Ford Sales ($197,982.43) for ten (10) replacement pickup trucks [Public Works Streets Division (5), Construction Engineering (2), Fire (1), Police (1), Recreation and Parks (1)]. Miscellaneous: bb. Appropriate $179,635.00 in Code Enforcement Grant Program Funds (CEGP) to the Building Division Operating Budget and transfer $99,160.00 to the Equipment Fund for vehicles. cc. Bakersfield Rescue Mission: Community Development Block Grant (CDBG) Action Plan Amendment No. 1 (FY 03/04). Motion by Vice-Mayor Couch to approve Consent Calendar items 5. a. through 5. cc. with the removal of item 5.i. for separate consideration. i. Emergency Repairs required at four Carrier Canal Crossings: Resolution dispensing with bidding procedures due to emergency repairs required at the four Carrier Canal Crossings, not to exceed $1,700.000.00 (initial estimates only). Appropriate $1,700,000.00 (initial estimate of costs) Sewer Enterprise Fund loan to the Agriculture Water Fund's Capital Improvement Budget. ACTION TAKEN AGR 03-347 AGR 03-348 APPROVED AB HANSON RES 205-03 Bakersfield, Califomia November 19, 2003 - Page 8 CONSENT CALENDAR Motion by Councilmember Benham to approve the item. WORKSHOP a. Presentation regarding "Mill Creek", a conceptual 1.5 mile linear park along the Kern Island Canal. David Lyman, Principal Planner, made staff presentation and provided handouts. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. Two (2) potential cases. ACTION TAKEN APPROVED AB HANSON Motion by Vice. Mayor Couch to recess to Closed Session at 5:55 p.m. Motion by Couch to recess from Closed Session at 6:34 p.m. APPROVED AB HANSON APPROVED AB HANSON REGULAR MEETING INVOCATION by Reverend Ezra Turner, Pleasant View Baptist Church. PLEDGE OF ALLEGIANCE by Austin Matson, 6~h Grade Student at Stiern Middle School and Ryan Sanders, 4~ Grade Student at Berkshire Elementary School. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmernbers Carson, Benham, Maggard, Sullivan, Salvaggio Absent: Hanson Motion by Councilmember Benham to Move New Business item 12.a. forward on the agenda, to be heard after Public Statements. APPROVED AB HANSON Bakersfield, California November 19, 2003 - Page 9 CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. Two (2) potential cases. WORKSHOP Item concluded at the 5:15 p.m. portion of the Council meeting. Special Recognition: Vice-Mayor David Couch presented a Council proclamation to Councilmember Salvaggio commemorating his attainment of eighteen plus years on the Bakersfield City Council, making him the longest serving member of the Council in the City's history. Mayor Hall presented Councilmember Salvaggio with a Key to the City. PUBLIC STATEMENTS a. Audrey Chavez spoke regarding World Aids Day. Ben Stinson, Roy Malahowski, Frank Isaacs, Ramona Bonner (provided written material), David Wiley, Karl Lyon spoke regarding International Park. Councilmember Benham requested an extension to the fifteen minute per subject time limit in order to permit all persons wishing to speak regarding International Park an opportunity to be heard. Jackie Ruffin, Bill Underwood, Mary McCabe, Walter Williams (provided written material), Mona Twocats (provided written material), Marie Tapp, Louis Gill director of Bakersfield Homeless Center, and Daniel Gorman director of the Bakersfield Rescue Mission spoke regarding International Park. ACTION TAKEN DIRECTION TO STAFF NO REPORTABLE ACTION Lease cancellation and closure of International Square. Correspondence was received from Jerry Randall, CBIZ Accounting Tax & Advisory Services, in favor of closing of International Square. Councilmember Sullivan, chairperson of the Community Services Committee made comments. 12. Bakersfield, California November 19, 2003 - Page 10 NEW BUSINESS continued Motion by Councilmember Sullivan to cancel the lease and return the land to the railroad. Amended motion by Councilmember Sullivan to cancel the lease, return the land to the railroad using CDBG funds, to be repaid via tax increment, and fund removal of improvements from the property prior to return to the railroad. Recess from 9:20 p.m. to 9:30 p.m. CONSENT CALENDAR Item concluded at the 5:15 p.m. portion of the Council meeting. HEARINGS General Plan Amendment/Zone Change 03-0742; Dick Carr has proposed a General Plan Amendment on 5 acres along the south side of Wilson Road, approximately 600 feet west of Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LI (Light Industrial) to LMR (Low Medium Density Residential) on 5 gross acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-07 M-1 (Light Manufacturing) to MH (Mobilehome) and approving three modifications to the zoning ordinance for building setbacks, landscaping locations and tandem parking on 5 gross acres. Staff comments by Development Services Director Hardisty. Hearing opened at 9:31 p.m. No one spoke. Hearing closed at 9:32 p.m. ACTION TAKEN NAT APPROVED NS SAL VAGGIO AB HANSON RES 206-03 FR Motion by Councilmember Carson to adopt the Resolution and APPROVED give First Reading to the Ordinance. AB HANSON __ Bakersfield, California November 19, 2003 - Page 11 HEARINGS continued General Plan Amendment/Zone Change No. 03-0745; Castle and Cooke California, Inc. is appealing the Planning Commission's denial of a proposal to designate and zone the southeast corner of Stockdale Highway and Buena Vista Road for office development and move the existing multi- family residential designation and zoning the northwest corner of Stockdale Highway and Jewetta Avenue. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from LR (Low Density Residential) to HR (High Density Residential) on 20.56 acres located at the northwest comer of Stockdale Highway and Jewetta Avenue and HR (High Density Residential) to OC (Office Commemial) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. First Reading of Ordinance adopting the Negative Declaration and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple Family Dwelling) on 20.56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple Family Dwelling) to C-O (Professional and Administrative Office) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road. Staff comments by Development Services Director Hardisty. Hearing opened at 9:38 p.m. Bruce Freeman, Castle & Cooke California, Ernest Rice, Colliers Tingley International, Scott Zieman, Marian Scott, Bakersfield Christian High School, Joe Colombo and Chris Aldred spoke in opposition to the staff recommendation. Vice-Mayor Couch reviewed the conditions as outlined by correspondence received from Castle & Cooke. ACTION TAKEN RES 207-03 FR Hearing closed at 9:59 p.m. ]24 Bakersfield, California November 19, 2003 - Page 12 HEARINGS continued Item 8.b continued Motion by Vice-Mayor Couch to adopt the Resolution, give First Reading to the Ordinance, uphold the appeal and approve the General Plan Amendment/Zone Change, with conditions as referenced. General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change 03-0774; Gregory D. Bynum, on behalf of Granite Falls, LLC, has proposed a General Plan Amendment on 16.86 acres located at the northwest corner of Granite Falls Drive and Coffee Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. Resolution approving the Negative Declaration and adopting the Riverlakes Ranch Specific Plan Amendment consisting of changes to the text and the Land Use Map from MC (Major Commercial) to GC (General Commercial) on 16.86 acres. First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-20 from PCD (Planned Commercial Development) to C-2 (Regional Commercial) zone on 16.86 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 10:06 p.m. Roger Mclntosh, representing Greg Bynum and Associates spoke in favor of the staff recommendation. Hearing closed at 10:06 p.m. Motion by Vice-Mayor Couch to adopt the Resolution and give first reading to the Ordinance. ACTION TAKEN APPROVED AB HANSON RES 208-03 RES 209-03 FR APPROVED AB HANSON 725 Bakersfield, California November 19, 2003 - Page 13 HEARINGS continued General Plan Amendment 03-0836; the City is proposing to amend the text of the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space-Slopes) land use designation to clarify that the land use and intensity permitted in the OS-S land use designation is consistent with the zone district for each individual parcel designated OS-S. Resolution making findings, approving the text amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space-Slopes) land use designation. (GPA No. 03-0836) Staff comments by Development Services Director Hardisty. Hearing opened at 10:09 p.m. No one spoke. Hearing closed at 10:09 p.m. Motion by Vice-Mayor Couch to adopt the Resolution. First Reading of Ordinance approving the appeal and adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 102-20 from a C-1 (Neighborhood Commemial) zone to a C-2 (Regional Commercial) zone located at the southwest corner of Coffee Road and Riverlakes Drive (ZC 03-0824). Staff comments by Development Services Director Hardisty. Hearing opened at 10:13 p.m. Roger Mclntosh, Mclntosh & Associates spoke on behalf of Riverlakes Investments in favor of the staff recommendation. Hearing closed at 10:18 a.m. Motion by Vice-Mayor Couch to approve the staff recommendation. ACTION TAKEN RES21~03 APPROVED AB HANSON FR APPROVED AB HANSON ABS MAGGARD 10, '11. '12. Bakersfield, California November 19, 2003 - Page 14 HEARINGS continued f. Continued public hearing to consider 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; Steve Blumer, Developer) located on the south side of Paladino Drive, west of Morning Drive. Correspondence was received from Darcy Larman on behalf of Porter Robinson requesting the hearing be continued to the December 10, 2003 Council Meeting. Staff comments by Development Services Director Hardisty. Hearing rs-opened at 10:26 p.m. Motion by Councilmember Maggard to continue the hearing to the December 10, 2003 Council meeting. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff provide assistance to a citizen regarding a restraining order. Councilmember Carson made comments regarding the homeless. Councilmember Sullivan welcomed Ginny Gennaro as City Attorney. Councilmember Sullivan noted the 140th anniversary of the Gettysburg Address. Councilmember Salvaggio thanked Darnell Haynes, the Police Department and Lt. Tim Taylor for continued law enforcement regarding off-road vehicles in the Panama Lane, South H Street, Hosking Road, Berkshire Road area. ACTION TAKEN APPROVED AB HANSON 127' 12, Bakersfield, California November 19, 2003 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Salvaggio thanked Police for law enforcement efforts in the Loyalton/Castleford area and requested those efforts continue; additionally staff is to assist in establishing a Neighborhood Watch Program in the area. Councilmember Salvaggio requested Public Works provide Council with an update on the status of the projected completion of the project at White Lane and Highway 99. Councilmember Salvaggio reminded staff to perform the study regarding moving the stop light at Monitor and Panama to the intersection of Monitor and Berkshire. Councilmember Salvaggio requested staff assist a citizen regarding allegations of child abuse against her grandson. Councilmember Salvaggio thanked Council for the Proclamation honoring him for time served on the City Council; the Mayor for the Key to the City, and the congratulatory emails from City Manager Tandy, Public Works Director Rojas and Vice-Mayor Couch, Vice-Mayor Couch expressed thanks to Police for traffic enforcement in the Brimhall area. Vice-Mayor Couch requested Police provide increased enforcement of speed limits on interior streets near Mondavi and Harvest Creek, south of Brimhall near the school. Vice-Mayor Couch requested staff analyze the traffic situation at Coffee and Truxtun in order to reduce morning and evening traffic congestion. Vice-Mayor Couch staff investigate placing amber colored lights in crosswalks. Vice-Mayor Couch requested staff respond to an email request for a stop sign. Vice-Mayor Couch requested staff evaluate striping of the third lane of Hageman in the Centennial High School area. Vice-Mayor Couch requested staff address a letter from Rich O'Neil regarding renaming Rio Vista Park. Vice-Mayor Couch requested Council, with staff assistance, address the issue of air mitigation on a citywide basis. Vice-Mayor Couch complimented City administrators for being proactive regarding budgetary cuts. ACTION TAKEN 14. Bakersfield, California November 19, 2003 - Page 16 ADJOURNMENT Mayor Hall adjourned the meeting~at 10:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio ~l~rk of the City of Bakersfield, California - ACTION TAKEN