HomeMy WebLinkAbout03/10/04 CC MINUTES MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MARCH 10, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:30 p.m.), Benham, Maggard,
Hanson, Sullivan (seated at 5:25 p.m.), Salvaggio
Absent: None
Motion by Vice-Mayor Couch to add item 4.dd., regarding
emergency road repairs, to the agenda, an item that arose after
the agenda was posted, and which requires immediate action.
APPROVED
AB CARSON
2. PRESENTATIONS
Presentation of National Awards from Keep America Beautiful
to the City for its Keep Bakersfield Beautiful Program.
John Enriquez, Chairman of the Keep Bakersfield Beautiful
Program, announced the awards, introduced staff and made
comments.
Councilmember Sullivan acknowledged and presented a
plaque to John Enriquez honoring his leadership in
volunteering.
3. PUBLIC STATEMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of February 25, 2004.
Bakersfield, California March 10, 2004 - Page 2
CONSENT CALENDAR continued
Payments:
Approval of department payments from February 13, 2004 to
February 26, 2004 in the amount of $5,574,300.52 and self
insurance payments from February 13, 2004 to February 26,
2004 in the amount of $266,568.45.
Ordinances:
First Reading of Ordinance amending Section 8.44.030 of the
Municipal Code relating to Fireworks.
First Reading of Ordinance amending Municipal Code
Sections 1.12.020, 1.12.040 and 1.12.060 by adding
Annexation No. 443 to Wards 2 & 4, and Annexation No. 445
to Ward 6.
First Reading of Ordinance amending Title 17 of the Municipal
Code concerning official Zone Map No. 102-19 changing the
zone distdct from a PCD (Planned Commercial Development)
zone to a revised PCD zone on 0.50 acres, and from a C-2
(Regional Commercial) zone to a PCD zone on 1.8 acres to
construct a 59,325 sq. ft. expansion to an existing mini
storage facility at 3201 Calloway Drive. (Jim Marino
representing Derrel's Mini Storage) (ZC 03-1361)
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
123-29 to change the zoning from A (Agriculture) to R-1 (One
Family Dwelling) on 77.80 acres located along the south side
of Panama Lane and the east side of Old River Road. (Kern
County Jurisdiction, Annexation Requested) (ZC 03-1192)
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
101-25 to change the zoning on property located generally
along the west side of Jewetta Avenue, approximately 700
feet south of Birchhaven Avenue. The City, representing the
property owner (Jessie Mendoza), initiated the zone change.
(ZC 03-1155).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
FR
FR
ORD 4177
ORD 4178
Bakersfield, California March 10, 2004 - Page 3
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration and
amending Section 17.06.020 of Title 17 of the Municipal Code
and Zoning Map 101-11 to change the zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 80 acres
located generally west of Allen Road, south of Kratzmeyer
Road to Reina Road. (Jim Madno, Madno & Associates
representing King-Gardiner Farms) (ZC 03-1228).
Resolutions:
Resolution dedicating a storm drain easement on City park
site property located easterly of Jewetta Avenue and northerly
of the Cross Valley Canal.
Resolution ordering the summary abandonment of the
reserved public utility easement dghts in vacated 1't, 2nd, 3r~
and R Streets, west of Tract No. 1396.
Resolution ordering the summary vacation of a portion of the
East Niles Street frontage/service road between Fairfax Road
and Morning Ddve.
Resolution of Intention No. 1328 to add territory, Area 1-45
(Jewetta,Brimhall NE) to Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
Resolution adding territory, Area 3-25 (Stine, McKee 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.
Assessment District No. 03-3 (Seven Oaks West III/Brighton
Place II/Fairway Oaks South):
Resolution premliminadly approving Engineer's Report
and setting date for public hearing of protests.
Resolutions approving acquisition and disclosure
agreements and authorizing changes thereto and
execution thereof.
ACTION TAKEN
ORD 4t79
RES 049-04
RES 050-04
RES 051-04
ROI 1328
RES 052-04
RES 053-04
RES 054.04
AGR 04-055
RES 04-056
Bakersfield, California March 10, 2004 - Page 4
CONSENT CALENDAR continued
Resolutions of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 459 located on the south side of
Brite Street, generally south of State Highway 58, between
Hughes Lane and South H Street, and Annexation No. 450
located at the southeast corner of McKee Road and Stine
Road.
p. Digital Aerial Imagery:
Resolution that certain Digital Aerial Imagery
compatible with PhotoMapper~ software cannot be
reasonably obtained through usual bidding procedures
and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $81,000.00.
Agreement with ImageAmerica Digital Orthoimagery
($80,401.00) to update images of Metropolitan
Bakersfield which are compatible with PhotoMapper~)
software.
Appropriate $11,000 Gas Tax Fund Balance to the
Public Works Department's Operating Budget.
Resolution of Intention No. 1329 to order the vacation of
Brite Street on the east side of Oleander Avenue.
Agreements:
Agreement with Brown, Armstrong, Paulden, McCown, Hill,
Starbuck & Keeter, Accountancy Corporation ($45,000.00) for
a full scope annual audit of the 2003-04 fiscal year.
Final Tract Map and Improvement Agreement with McMillin
Tuscany, LLC, for Tract 6000 Phase 2 located east of Alfred
Harrell Highway and north of State Route 178.
Agreement with the Law Offices of Hanna, Brophy, MacLean,
McAleer & Jensen for Workers' Compensation Legal Service
(in an amount not to exceed $180,000.00 to be paid from the
Self Insurance Fund).
Ditch Eradication and Pipeline Easement Agreement with
Dale G. and Jan R. Scales for Tentative Tract 6175 at the
southeast corner of Snow Road and Coffee Road.
ACTION TAKEN
RES 055-04
RES 056-04
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1329
AGR 04-058
REMOVED
AGR 04-059
AGR 04-060
Bakersfield, California March 10, 2004 - Page 5
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 03-382 with County of
Kern for animal care services.
Amendment No. I to Consultant Agreement No. 01-168 with
RJM Design Group, Inc. to increase compensation by
$80,660.00 (for a total contract amount of $461,230.00) for
Landscape Architectural, Architectural and Engineering
Service for 30 acre park on Stockdale Highway at Buena
Vista Road.
Amendment No. 2 to annual contract Agreement No. 03-028
with Jim Alfter, Cement Contractor ($100,000.00 for a total
contract amount of $366,000.00) for additional canal liner
repairs in Carrier Canal between Golden State Highway and
Oak Street.
Bids:
Accept bid from Insight Public Sector ($42,114.75) for seven
(7) Panasonic computers with vehicle mounts funded by a
Code Enforcement Grant.
Reject all bids for one additional Mid Size SUV for Code
Enfomement (grant funded).
Miscellaneous:
aa.
Community Development Block Grant (CDBG) Action Plan
Amendment No. 14 (FY 98/99), Amendment No. 10
(FY00/01), Amendment No. 9 (FY 01/02), Amendment No. 10
(FY 02/03), and Amendment No. 4 (FY 03/04).
Appropriate $300,000.00 pdor and current year HOME
program income to the Economic and Community
Development, Capital Improvement Budget for
acquisition and demolition activities associated with
the Baker Street Mixed Use Project.
Transfer $80,000.00 from the Community
Development Block Grant fund, Operating Budget to
the Capital Improvement Budget for various
streetscape improvement projects.
A(;;TION TAKEN
AGR 03-382(1)
A GR 03-028(2)
bb. 2004 Legislative Platform.
Bakersfield, Califomia March 10, 2004 - Page 6
CONSENT CALENDAR continued
cC.
Appropriate $43,000.00 Transportation Development Fund
Balance to the Capital Improvement Project Budget for the
Calloway Drive Street Widening Project.
dd.
Emergency road crossing repairs required at Buena Vista
Road and the Buena Vista Canal:
Resolution dispensing with bidding procedures due to
emergency repairs required at Buena Vista Road at
the Buena Vista Canal, no to exceed $500,000.00
(initial estimate only).
Appropriate $500,000.00 (initial estimate of costs)
Transportation Development Fund balance to the
Capital Improvement Budget.
Motion by Vice Mayor Couch to adopt Consent Calendar items
8. a. through 8.dd., with the removal of items 4.c. and 4.p. for
separate consideration and the deletion of 4.s.
First Reading of Ordinance amending Section 8.44.030 of the
Municipal Code relating to Fireworks.
Councilmember Maggard requested staff respond with
information addressing the calculations of the fee; a list of all
permit holders including the4 grendfathered permit holders,
identifying which ones are charitable and which are for-profit;
and the pros and cons of eliminating the 'grandfathered' status.
Motion by Councilmember Maggard to give First Reading to the
Ordinance.
Digital Aerial Imagery:
Resolution that certain Digital Aerial Imagery
compatible with PhotoMapper~) software cannot be
reasonably obtained through usual bidding procedures
and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $81,000.00.
Agreement with tmageAmerica Digital Orthoimagery
($80,401.00) to update images of Metropolitan
Bakersfield which are compatible with PhotoMapper~)
software.
ACTION TAKEN
RES 058-04
APPROVED
FR
APPROVED
RES 057-04
AGR 04-057
3. Appropriate $11,000 Gas Tax Fund Balance to the
Public Works Department's Operating Budget.
Bakersfield, California March 10, 2004 - Page 7
CONSENT CALENDAR continued
Motion by Councilmember Maggard to adopt the Resolution,
approve the Agreement and appropriate required funds.
CONSENT CALENDAR HEARINGS - see additional items at 7:00pm portion
of meeting
Continued Public Hearing to consider the appeal by Sierra
Club regarding Revised Tentative Tract Map 6169 (Engineer-
Porter Robertson/Subdivider-McMillan Albany, LLC).
Resolution denying the appeal from the Sierra Club,
adopting the addendum to the Negative Declaration,
upholding the decision of the Planning Commission,
approving Revised Tentative Tract Map 6169
generally located north of Panama Lane, south of
Harris Road (extended), east of Old River Road.
Staff recommends adopting the resolution denying the appeal,
adopting the addendum to the Negative Declaration, upholding the
decision of the Planning Commission and approving Revised Vesting
Tentative Tract Map 6169.
Hearing opened at 5:43 p.m.
Hearing continued to the 7:00 p.m. portion of the meeting.
Public Hearing to consider Resolution making findings and
updating the Capital Improvement Plan for the Bakersfield
Habitat Conservation Plan.
Staff recommends adoption of resolution.
Hearing item 5.b. opened at 5:43 p.m.
Hearing item 5.b. closed at 5:44p.m.
Motion by Vice-Mayor Couch to continue 5.a. to the reconvened
session and approve Consent Calendar Hearing item 5.b.
CLOSED SESSION
Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section 54957
(b)(1).
ACTION TAKEN
APPROVED
RES 060-04
APPROVED
Bakersfield, California March 10, 2004 - Page 8
6. CLOSED SESSION continued
Motion by Vice-Mayor Couch to recess to Closed Session at 5:45
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session
at 6:55 p.m.
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
8. INVOCATION by Reverend Max Van Dyke, Christ Cathedral.
PLEDGE OF ALLEGIANCE by Megan Kaufman and Elizabeth
Belsky, 6~ Grade Students at Bessie Owens School.
10, CLOSED SESSION ACTION
Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section 54957
(b)(1).
tl, PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mr. Oscar
Chavez, Director of Marketing & Public Relations for
Community Action Partnership of Kern, recognizing the 50th
Anniversary of the Economic Opportunity Act and the
accomplishments of the Community Action Partnership of
Kern.
Presentation by Mayor Hall of Proclamation to the Castle &
Cooke Dream Builders Team, proclaiming March 20, 2004, as
"Spring Fling for the Families of the Bakersfield Homeless
Center Day".
Mayor Hall presented certificates of appreciation to Darlene
Mulkey, Castle & Cooke, Renee Massey, Chades Sullivan
and recognized student representatives from local high
schools.
ACTION TAKEN
APPROVED
APPROVED
EVALUATION
COMPLETE WITH
NO
REPORTABLE
ACTION
t2.
Bakersfield, Califomia March 10, 2004 - Page 9
PUBLIC STATEMENTS
Katherine Valenzuela, Sarah Mangan and Danielle Villalovos
spoke regarding the Mayor's Youth Advisory Council.
James Tyson, Ebony Counseling Center, spoke regarding
Real Men/Ladies Inc. Youth Program and requested a
Mayor's proclamation declaring the week of March 8-12, 2004
Male Responsibility and Girl Power Week.
c. Norma Jackson spoke regarding potholes.
Mary Helen Barro and Millie Diffenbaugh spoke regarding
pool closures.
Mayor Hall recognized government classes from Ridgeview
High School.
Vice-Mayor Couch announced the City has received a draft
decision by the administrative law judge regarding the City's
dispute with North American Power Group denying the
application by PG&E to sell its Kern County Power Plant to
North American Power Group.
ACTION TAKEN
13.
CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of
meeting.
t4.
HEARINGS
Continued Public Headng to consider the appeal by Sierra
Club regarding Revised Tentative Tract Map 6169 (Engineer-
Porter Robertson/Subdivider-McMillan Albany, LLC).
Resolution denying the appeal from the Sierra Club,
adopting the addendum to the Negative Declaration,
upholding the decision of the Planning Commission,
approving Revised Tentative Tract Map 6169
generally located north of Panama Lane, south of
Harris Road (extended), east of Old River Road.
RES 059-04
Hearing re-opened at 7:47 p.m.
No one spoke.
Hearing closed at 7:48 p.m.
216
15.
Bakersfield, Califomia March 10, 2004 - Page 10
HEARINGS continued
Item 14.a. continued
Motion by Councilmember Hanson to adopt the Resolution
denying the appeal and the addendum to the Negative
Declaration upholding the decision of the Planning Commission.
ACTION TAKEN
APPROVED
15. NEW BUSINESS
Proposal by "The Bakersfield Californian" to finance costs to
open Beale Pool.
Interim Recreation and Parks Director Alan Chdstensen made
staff comments.
Motion by Vice-Mayor Couch to approve the proposal by the
Californian to finance the opening of Beale Pool and access
feasibility of opening a second pool and splitting operating
hours between the two pools provided funding is available for
repairs/maintenance of the second pool.
APPROVED
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Salvaggio requested staff contact Hipilito Rocha
regarding noise in his neighborhood.
Councilmember Salvaggio requested the City Attorney's office
and Police Department investigate a citizen's complaint
regarding neighbors and provide practical advice on obtaining
a restraining order.
Councilmember Salvaggio requested an update on his prior
referral number 645, regarding the Loyalton/Castleford area and
the establishment of a Neighborhood Watch program,
Councilmember Salvaggio requested staff remove graffiti from
a wall behind the Benton Park shopping center, at the northeast
corner of Fremont and Wilson Road. Additionally,
Councilmember Salvaggio expressed appreciation for rapid
response to his graffiti removal requests.
16.
Bakersfield, Califomia March 10, 2004 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Salvaggio announced Caltrans has awarded Griffith
and Company a contract to expand the southbound off ramp at White
Lane.
Councilmernber Salvaggio thanked Code Enforcement for dedication
in performing their duties.
Councilmember Salvaggio thanked the Mayor for his service and
congratulated him on his re-election.
Councilmember Maggard expressed disappointment regarding the
cancellation of the Joint City/County Meeting.
Councilmember Maggard provided for review by Public
Works/Planning staff written information regarding a potential
development, Rio Bravo Ranch, and the possible realignment of
Hwy. 178 in the area at the mouth of the canyon to Alfred Harrell
Hwy.
Councilmember Maggard requested Police Investigate recent
vandalism and thefts in the Eastridge neighborhood in the
northeast; work with Neighborhood watch in the area.
Councilmember Maggard recognized Victor Placentia, manager of La
Mina Mexican Restaurant, as a Neighborhood Hero, for his idea to
construct an outdoor soccer park utilizing indoor soccer rules, and
raising substantial funds for the purpose.
Councilmember Benham requested increased traffic
enforcement in the Montclair Steat/Centennial Park area.
Councilrnernber Benham provided a list of potholes; requested
staff provide information regarding repair scheduling for
potholes; constituents to be provided with the repair
information.
16.
Bakersfield, California March 10, 2004 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested staff provide information to
residents of the Greenbrier complex regarding slurry coating of
streets.
ACTION TAKEN
Councilmember Benham provided suggestions regarding traffic
regulation in the Westchester area for review by staff;
additionally revisit the idea of various street closures in the area.
Councilmember Benham provided a letter regarding garbage
pick up for staff response.
Councilmember Benham provided a letter regarding a legal
issue and requested staff keep her informed.
Councilmember Hanson congratulated the Mayor on his rs-election.
Councilmember Hanson congratulated the City Manager and EDCD
Director on the analysis of parking near the Padre Hotel.
Councilmember Hanson requested information regarding Notice of
Completion for the ice rink. Public Works Director Rojas responded.
Councilmember Hanson requested information regarding the canal
incident on Buena Vista Road. Public Works Director Rojas
responded.
Councilmember Carson welcomed and thanked the young people in
the audience and the young people who gave a presentation
regarding services they provide the community and the Weed and
Seed Program for the cleanup in the southeast last weekend.
Councilmember Carson thanked the Police Department for control at
the parade last Saturday.
Councilmember Carson requested staff provide an update regarding
the left turn lane at Garnsey. Public Works Director Rojas
responded.
219
16.
Bakersfield, California March 10, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Carson requested Economic and Community
Development conduct an informational meeting with Ward 1
residents regarding the use of CDBG funds at the MLK Center on
March 20 or 27.
Councilmember Carson requested information regarding sewer
connection facts and time line for the Stockdale/Stlne and P
Street areas.
Councilmember Carson requested information and time line
regarding the use of CDBG funds for street repairs.
Councilmember Carson congratulated the Mayor on his re-election.
Councilmember Sullivan requested an update
abatement at McKae and Acres.
on graffiti
Councilmember Sullivan provided information regarding a
citizen complaint about barking dogs and requested regulation
information.
Councilmember Sullivan encouraged the public to call their
representatives regarding serious potholes.
Councilmember Sullivan congratulated the Mayor on his re-election
and his representation of the City during the recent Presidential visit.
Vice-Mayor Couch congratulated the Mayor on his re-election and
gracious representation of the City during the President's visit last
week.
Vice-Mayor Couch requested staff contact the railroad
regarding trains blocking traffic at Rosedale and Landco and
request railroad company cooperation in not blocking roads.
Vice-Mayor Couch staff contact the County regarding the
addition of the crossing on Rosedale Hwy. west of Landco Dr.
into the Separation of Grade District.
220 , ,
16,
Bakersfield, California March 10, 2004 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Couch congratulated Jim Movius, City Planning, on
receiving the Regional Award of Merit for Distinguished Leadership
at the KERNcog Regional Awards Banquet for work performed on the
Northeast Bakersfield Open Space and related Parks and Trails Plan;
retired Water Resoumes Director, Gene Bogart, Regional Award of
Merit for Lifetime Achievement and Councilmember Salvaggio,
Regional Award of Merit for Lifetime Achievement.
Vice-Mayor Couch invited the community to attend the Grand
Opening of Fire Station 15 and the Westside Police Substation on
Monday, March 15 at noon.
Vice-Mayor Couch thanked Rhonda Smiley for her contribution to the
new Fire/Police facility.
Vice-Mayor Couch requested information regarding maintenance of
medians and roadside landscape. City Manager Tandy responded.
Vice-Mayor Couch requested Information regarding the
formation of an Ad Hoc Committee to oversee the Highway g9
event.
Mayor Hall made comments regarding the visit of President Bush,
Mayor Hall made comments regarding his mayoral election.
2;2 1
16.
Bakersfield, Califomia March 10, 2004 - Page 15
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:00 p.m.
MAYOR of the City
ACTION TAKEN
ATTEST:
~RK~la~d~E~of the
City of Bakersfield, California
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