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HomeMy WebLinkAbout02/11/04 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING FEBRUARY 11, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING- 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard (arrived at 5:22 p.m.), Hanson, Sullivan (ardved at 5:22 p.m.), Salvaggio Absent: None PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Terry Schroepfer, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 22 - 28, 2004, as "National Engineers Week". Presentation by Mayor Hall of Proclamation to Rich Richardson, Program Chair for Read Across Bakersfield, proclaiming March 4, 2004, as "Read Across Bakersfield Day". PUBLIC STATEMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the January 28, 2004. Payments: Approval of department payments from January 16, 2004 to January 29, 2004 in the amount of $9,917,811.00 and self insurance payments from January 16, 2004 to January 29, 2004 in the amount of $94,245.46. A(~TION TAKEN Bakersfield, California February 11,2004 - Page 2 CONSENT CALENDAR continued Ordinances: Adoption of Ordinance modifying the Planning Commission's conditions of approval, adopting the Negative Declaration and amending Section 17.06.020 of the Municipal Code (Zone Map No. 112-12) by changing the zoning from an R-1 (One Family Dwelling) Zone to PUD (Planned Unit Development) Zone on 107.38 + acres generally located on the northeast corner of White Lane and South Allen Road, and denying the appeal. (GPAJZC 03-1073) Resolutions: Resolutions of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 457 and 458, located in two separate areas (1) between Kratzmeyer Road and Reina Road, generally west of Allen Road and (2) east of Oswell Street to Sterling Road, generally south of State Route 58. Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-44 (Allen, Snow SE) to the Consolidated Maintenance Distdct and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution in support of the Committee for Workers' Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform Act Initiative. Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6082 Unit 4 located north of Pacheco Road and east of Mountain Vista Drive. ACTION TAKEN ORD 4170 RES 025-04 RES 026-04 RES 027-04 RES 028..04 RES 029-04 AGR 04-025 Bakersfield, California February 11, 2004 - Page 3 CONSENT CALENDAR continued Subordination Agreement/Consent to Grant Easement between the City and Kern Delta Water District for canal crossing Panama Lane east of Buena Vista Road. j. Property Acquisition: Agreement with EPIC, LLC ($5,500.00) to exchange real property located in the south half of Section 10, Township 29 South, Range 28 East, north of Alfred Harrell Highway and west of Fairfax Road. Appropriate $7,500.00 fund balance to the Capital Improvement Budget within the refuse fund. Agreement with Centennial Garden and Flying Football LLC for Bakersfield Blitz Arena Football Expansion Team. Amendment No. 1 to Agreement No. 03-070 with Launer & Associates regarding additional appraisal services required regarding proposed Assessment District No. 03-1 (Brighton Place/Silver Creek II). Additional Costs of $5,000 to be paid from developer deposit. Bids: Accept bid from Ramsey Street Ford ($27,490.32) for two (2) additional mid size sedans for Code Enforcement (grant funded). Accept bid from Central Valley Truck Center ($294,049.48) for two (2) additional refuse trucks, and Gibbs International ($440,754.60) for four (4) replacement refuse trucks for the Solid Waste Division of Public Works. (Total $734,804.08) Accept bids from JAM Services (8 items $21,021.00), McCain Traffic Supply (1 item $17,889.30), Econolite Control Products (9 items $17,106.38), U.S. Traffic Corporation (2 items $1,170.05), Graybar Electric (1 item $1,044.53), and Western Pacific Signal (2 items $515.60) for traffic signal equipment. (Total $58,745.86) Accept bid to award annual contract to Boise Office Solutions not to exceed the budgeted amount of $300,000.00, for office supplies. ACTION TAKEN DEED 6048 AGR 04-026 DEED 6049 AGR 04-027 AGR 03-070(t) AGR 04-028 180 Bakersfield, California February 11,2004 - Page 4 CONSENT CALENDAR continued Accept bid to award contract to Bowman Asphalt, Inc. ($138,117.72) for Safe Route to School Improvements on Belle Terrace and Texas Streets. Wastewater Treatment Plant No. 2, Effluent Storage Improvements: Accept bid to award contract to Whitaker Contractors Inc. ($1,840,396.00). Appropriate $500,000.00 Sewer Enterprise Fund balance to the Capital Improvement Budget. Miscellaneous: Request from North Bakersfield Recreation and Park Distdct to change zoning of parks within the district from OS (Open Space) to RE (Recreation). Motion by Vice-Mayor Couch to adopt Consent Calendar items 4.a through 4.r., with corrections to 4.k. CONSENT CALENDAR HEARINGS - Items heard at 7:00 p.m. portion of meeting. Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change 03-1279. (Engineer- Mclntosh & Associates/Subdivider-Michel Etcheverry). First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Ag riculture) to E (Estate) on 74.35 acres, and to DI (Drilling Island) zone on 2.5 acres, located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive. (ZC 03-1279) Staff recommends overturning the Planning Commission decision, adopting the Negative Declaration, and approve the zone change as requested and give first reading to the ordinance. ACTION TAKEN AGR 04-029 AGR 03-030 APPROVED AB MAGGARD, SULLIVAN FR o Bakersfield, California February 11, 2004 - Page 5 CONSENT CALENDAR HEARINGS continued General Plan AmendmentJZone Change 03-1165; Michael J. Callagy, Cornerstone Engineering, Inc., representing Marco Gaona, has proposed a General Plan Amendment, an amendment to the Breckenddge Hills Specific Plan, and a zone change located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road - Vineland Road intersection on 30 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from HMR (High Medium Density Residential), OS (Open Space) and R-MP (Resource-Mineral Petroleum) on 30 acres. Resolution approving the Negative Declaration and adopting the Breckenddge Hills Specific Plan Amendment to change land use designations from Map Code 5.2 (Residential - Maximum 16 units per net acre) to Map Code 5.3 (Residential - Maximum 10 units per net acre), from Map Code 8.5/2.5 (Resource ManagementiPhysical Constraints- Flood Hazards) to Map Code 5.3 and from Map Code 8.4 (Resource - Mineral and Petroleum) to Map Code 5.3 on 30 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from R-H (Residential Holding) to R-1 (One-Family Dwelling) on 30 acres. Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan and specific plan amendments, and give first reading to the ordinance. ACTION TAKEN RES 030-04 RES 031-04 FR Bakersfield, California February 11, 2004 - Page 6 CONSENT CALENDAR HEARINGS continued General Plan Amendment/Zone Change 03-1178; Froehlich Construction Company has proposed a General Plan Amendment and zone changes generally located at the southeast comer of Brimhall Road and River Ranch Drive. Resolution approving the Mitigated Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 19 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-2 PCD (Regional Commercial Planned Commercial Development) to R-2 PUD (Limited Multiple-Family Dwelling Planned Unit Development) on 11.99 acres, from PCD to R-2 PUD on 6.77 acres, from PCD to C- O (Professional and Administrative Office) on 4.74 acres, PCD to C-2 on 13.80 acres and from C-2 PCD to C-2 on 4.96 acres. Staff recommends adoption of resolution approving the Mitigated Negative Declaration, approving the general plan amendment and give first reading to ordinance. General Plan AmendmentJZone Change 03-1190; Brett Dawson has proposed a General Plan Amendment and a zone change located along the east side of Morning Drive approximately 300 feet north of State Route 178 on 81.50 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 81.50 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from MH (Mobile Home) to R-1 (One Family Dwelling) or more restrictive zoning on 81.50 acres. Staff recommends adoption of the resolution, approving the Negative Declaration, approving the general plan amendment, and give first reading to the ordinance. ACTION TAKEN RES 032-04 FR RES 033-04 FR Bakersfield, California February 11,2004 - Page 7 5. CONSENT CALENDAR HEARINGS continued Hearings opened at 5:22 p.m. No one spoke. Hearings closed at 5:23 p.m. Motion by Vice-Mayor Couch to adopt staff recommendations on Consent Calendar Hearings items 5.a. through 5.d. 6. CLOSED SESSION a. Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) (1) (C) of Government Code Section 54956.9. One (1) potential case. b. Conference with Legal Counsel - Existing Litigation. Closed session pursuant to subdivision (a) of Government Code Section 54956.9 City v. SPCA, et al. c. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee Organization: Fire Motion by Vice-Mayor Couch to recess to Closed Session at 5:25 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:00 p.m. RECONVEHED MEETING - 7:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Ken Noel, Victory Chapel. NATIONAL ANTHEM sung by Marisa Johnson, 10~ Grade Student and, Maria Johnson, 11th Grade Student at Valley Oaks Charter School. ACTION TAKEN APPROVED APPROVED APPROVED 184 10, 11, 12. Bakersfield, California February 11, 2004 - Page 8 CLOSED SESSION ACTION Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) (1) (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. SPCA, et al. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee Organization: Fire City Council, by a vote of 6-1, with Councilmember Carson in opposition, has agreed to modify the existing MOU between the City and the Fire Unit, concerning staffing levels as it relates to opening of Fire Station 15. Vice-Mayor Couch expressed appreciation to Fire Chief Fraze, Mr. Maybry of the fire fighters union, and members of the BFLAG board for flexibility in facilitation of staffing the new fire station. PRESENTATIONS City Manager Tandy announced Florn Core would be replacing Gene Bogart as Water Resources Manager. Presentation to Fire Department of radio equipment for the Hazardous Materials Paramedic Program from Liberty Ambulance. Fire Chief Fraze accepted the radio equipment from Mr. Castigleoni of Liberty Ambulance on behalf of the City. WORKSHOP Educational presentation by League of California Cities Executive Director Chris K. McKenzie on League activities, protection of local revenues, constitutional amendment efforts, and other current league activities affecting the City of Bakersfield and the State of California. Mr. McKenzie introduced Catherine Medina, League of California Cities Regional Representative for the area including Bakersfield, made a computer presentation and provided handouts. ACTION TAKEN DIRECTION TO CITY ATTORNEY NO REPORTABLE A C TION APPROVED NS CARSON 185 12. 13. 14. t5. Bakersfield, California February 11, 2004 - Page 9 WORKSHOP continued Item 12.a. continued Councilmember Salvaggio requested information regarding cities that have commenced employee layoffs. Councilmember Maggard requested Council consider a Resolution supporting passage of a constitutional amendment to protect local revenues as proposed by the League of California Cities. Recess taken from 8:28 to 8:38 p.m. PUBLIC STATEMENTS None. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. None. HEARINGS General Plan Amendment 02-0882; David Dmohowski, representing James and Barbara Gibb, has proposed a General Plan Amendment located along the northwest corner of Wible Road and Hosking Road on 19.22 acres. Resolution approving the Negative Declaration and disapproving the General Plan Amendment to Change Land use designation from LR (Low Density Residential) to GC (General Commemial) on 19.22 acres. Correspondence was received from Jim and Robin Tabangcora, David and Gloria Palinsky, as well as one petition with forty signatures opposing the proposed General Plan Amendment. Staff comments by Development Services Director Hardisty. Hearing opened at 8:41 p.m. David Dmohowski spoke in opposition to the staff recommendation and requested a continuance on behalf of the applicants James and Barbara Gibb. ACTION TAKEN RES 034-04 186 ,, 15. Bakersfield, California February 11,2004 - Page 10 HEARINGS continued Item 15.a. continued John Hughes, David Palinsky, Martin Martinez, Scott Denny spoke in support of the staff recommendation. And Michael Robison, who presented written material, spoke in favor of the staff recommendation Hearing closed at 9:01 p.m. Motion by Councilmember Salvaggio to adopt the Negative Declaration and disapprove the General Plan Amendment. General Plan Amendment/Riverlakes Ranch Specific Plan/Zone Change No. 03-1176; Kathryn McWhorter, with DeWalt Corporation, representing Meany Partners, LLC, has proposed a General Plan Amendment, an amendment to the Riverlakes Ranch Specific Plan and a zone change on 42.89 acres located on the north side of Meany Avenue, between Coffee Road and Patton Way. Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation form LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. First Reading of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-21 to change the zoning from R-1 (One Family Dwelling) to R-2/P.U.D. (Limited Multiple-Family Dwelling/Planned Unit Development on 42.89 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 9:15 p.m. ACTION TAKEN APPROVED RES 035-04 RES 036-04 FR Michael Page spoke in opposition to the staff recommendation. 187 15. Bakersfield, California February 11, 2004 - Page 11 HEARINGS continued Item 15.b. continued Jeff Gutierrez, DeWalt Corporation, and Jim Ward spoke in favor of the staff recommendation. Headng closed at 9:30 p.m. ACTION TAKEN Vice-Mayor Couch requested the record reflect his request, that the Planning Commission, at Site Plan Review, consider the following: No buildings or parking spaces in the landscaped strip along the north edge of the property along the street · Streets constructed with the use of the parcel maps · No build zone within a 134 feet · Meany Partners to maintain the landscaped strip · Reconsider the height of the fence Motion by Vice-Mayor Couch to adopt the Resolutions and give first reading to the Ordinance. c. General Plan Amendment/Zone Change No. 03-1189; Appeal by San Joaquin Engineering, representing Rex Martin) of the Planning Commission's Conditions of Approval. San Joaquin Engineering is proposing to designate the northern 2.6 acres of the project site for single family residential development (10,000 sq. ft. lots) and the southern 5.6 acres for suburban residential development (one acre lots). The area that contains the drainage channel (1.6 acres) would remain as open space. Generally located south of Chase Avenue and east of Kern Canyon Road (State Route 184). Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from: (1) HMR (High Medium Density Residential) to LR (Low Density Residential) on I acres, (2) OS (Open Space) to LR on 1.6 acres, (3) R-MP (Resource-Mineral Petroleum) to OS on.18 acres, (4) OS to SR (Suburban Residential) on .06 acres, and (5) R-MP to SR on 5.5 acres. APPROVED RES 037-04 188 15. Bakersfield, California February 11,2004 - Page 12 HEARINGS continued Item 15.c. continued Resolution adopting the Negative Declaration and approving the amendment to the Breckenridge Hills Specific Plan to change the Map Code designations from: (1)Map Code 5.2 (Max 16 du/net ac.) To Map Code 5.3 (Max. 10 du/net ac.) On 1 acres, (2) Map Code 8.5/2.5 (Resource Management/Flood Hazards) to Map Code 5.3 on 1.6 acres, (3) Map Code 8.4 (Mineral & Petroleum) to Map Code 8.5/2.5 on .18 acres, (4) Map Code 8.5/2.5 to Map Code 5.4 (Max. 4 du/net ac.) On .06 acres, and (5) Map Code 8.4 to Map Code 5.4 on 5.5 acres. First Reading of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 104-20 to change the zoning from: (1) R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, (2) R-H to OS (Open Space) on 1.63 acres, and (3) R-H to R-S-lA (Residential Suburban - One acre minimum) on 5.65 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 9:44 p.m. Bret Dawson, San Joaquin Engineering, spoke on behalf of the applicant, Rex Martin, in support of the staff recommendation. Hearing closed at 9:46 p.m. Councilmember Maggard requested the record reflect that San Joaquin Engineering and the City had agreed to the following: · Culvert built in concrete to meet City standards · Ravine maintenance to be determined · Sewer Lift station to be built Motion by Councilmember Maggard to adopt the Resolution upholding the Planning Commission decision, give first reading to the ordinance and include the Site Review process ACTION TAKEN RES 038-04 FR APPROVED 18!: 16. Bakersfield, Califomia February 11, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS Councilmember Maggard thanked Development Services Director Hardisty and City Attorney Gennaro, for conceiving a plan to enable more citizen input regarding development in the Rio Bravo neighborhood. Councilmember Maggard requested the City Manager provide an update regarding use of a million dollar grant to hire eight new Police Officers and the potential for a new police academy. City Manager Tandy responded. Councilmember Maggard requested an update regarding use of CDBG funds to hire police officers and firemen. City Manager Tandy responded. Councilmember Maggard commended Councilmember Camon for urging Council to pursue alternative funding sources. Councilmember Hanson thanked the Public Works Director for completing the project at Ming and Ashe. Councilmember Hanson made comments regarding the Grand Jury Report and information contained therein pertaining to road repair. Councilmember Hanson commended Alan Christiansen and staff for improvement in appearance of Maintenance Districts. Councilmember Hanson requested staff investigate the use of storage containers on a vacant lot, south of White Lane near Mountain Vista near Tevis Ranch to assure they ars in compliance with Code. Councilmember Benham requested staff assure the citizen responsible for a previous referral regarding animal control, be provided staff response information. ACTION TAKEN 16. Bakersfield, California February 11,2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham provided citizen telephone contact information and requested staff respond. Councilmember Benham requested staff determine if a citizen concern regarding fireworks sales be appropriately addressed by the Legislation and Litigation Committee and make the citizen aware of the determination. Councilmember Benham noted the Downtown Business Association is celebrating their 50t~ Anniversary this year, and complimented the organization for their efforts on behalf of the community. Councilmember Salvaggio requested Water Department staff respond to an email from Karen Sweeney regarding the Lake Ming Bike Path Extension. Councilmember Salvaggio thanked Public Works staff for responding to Mr. Quirate and the sewer problem on Planz Road. Councilmember Salvaggio thanked Code Enforcement, Anti-Graffiti and Streets for their efforts. Councilmember Salvaggio thanked the Police Department for on-going enforcement regarding off-road vehicles on vacant land on So. H Street at Berkshire and Hosking. Councilmember Salvaggio requested staff respond to a citizen concern regarding the intersection at Fremont Street and Wilson Road. Bus stops on both sides of the street and a library creates a potentially dangerous situation due to the lack of traffic control; staff to investigate ways to make pedestrians safer, stop signs, crosswalk, etc. Additionally the section of Fremont on the north side of Wilson needs patching; staff to determine if resurfacing is warranted and if so, add to the project list. Councilmember Sullivan made comments regarding the 50th anniversary of the Downtown Business Association and commended the organization for service provided the community. Councilmember Sullivan requested staff investigate and site unlicenced street corner vendors at White Lane and Wible Road. ACTION TAKEN 191 16. Bakersfield, California February 11, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan announced the County has offered to demonstrate new voting machines and requested a workshop at the next Council meeting. Councilmember Sullivan welcomed Florn Core as the Water Resources Manager. Councilmember Sullivan requested Public Works repair a pothole on eastbound White Lane, located in the left hand turn lane, into northbound Ashe Road. Councilmember Carson provided a flyer and requested Police investigate a possible funding source provided by the National Center for Missing and Exploited Children. Councilmember Carson requested information regarding criteria for transferring funds. City Manager Tandy responded. Councilmember Carson requested staff provide information regarding criteria for transferring funds within the budget. Include explanation of why transfers are done, history within the organization and any additional information that will clearly demonstrate this process. Vice-Mayor Couch requested staff respond to a letter from Mr. McArthur at NOR and inform him of Council action regarding the issue in question. Vice-Mayor Couch provided Fresno County Ordinance information regarding parking on the street and requested staff review the information. Vice-Mayor Couch thanked Public Works Director Rojas for information provided in a memo regarding preemption and priority equipment and coordination with Golden Empire Transit; additionally requested a status update and requested staff continue efforts to obtain necessary information. Mayor Hall congratulated City Manager Tandy on appointing Florn Corn as Water Resources Manager, and Florn Core on his appointment as Water Resources Manager. Mayor Hall wished the ladies present a Happy Valentine's Day. ACTION TAKEN 192 16. Bakersfield, California February 11,2004 - Page 16 ADJOURNMENT I0:t6 p.m. MAY(~)R of tl~e City of Bake'~sfie,~q~'CA ATTEST: CITY CLERK and Ex Officio (~l'~rk of the City of Bakersfield, Califomi~J ACTION TAKEN