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HomeMy WebLinkAbout02/25/04 CC MINUTESMINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING FEBRUARY 25, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. A(:TION TAKEN REGULAR MEETING- 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None 2. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation & Parks Director, proclaiming March 13, 2004, as "Arbor Day". Councilmember Sullivan made comments. Councilmember Benham made comments. 3. PUBLIC STATEMENTS Minister Wesley Crawford, Sr., spoke and provided written material regarding the need for a stop sign on Belle Terrace at El Toro St. near Fremont and Sequoia schools. Councilmember Carson requested staff provide information regarding the length of time before a stop sign is installed near the schools; additionally provide an update regarding curb and gutter Installation on the south side of Belle Terrace. 4. APPOINTMENTS One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to expiration of term of Sherry Eggleston, term expired December 31, 2003. Motion by Vice-Mayor Couch to appoint Jake Sweeney to the Board of Directors of the North Bakersfield Recreation and Park District. 194 Bakersfield, California February 25, 2004 - Page 2 CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of February 11, 2004. Payments: Approval of department payments from January 30, 2004 to February 12, 2004 in the amount of $5,637,728.26 and self insurance payments from January 30, 2004 to February 12, 2004 in the amount of $135,654.71. Ordinances: Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 104-20 from R-H (Residential-Holding) to R- I (One Family Dwelling) on 30 acres located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road-Vineland Road intersection. (Michael J. Callagy, Cornerstone Engineer) (ZC 03-1165) Adoption of Ordinance adopting the Negative Declaration and amending 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/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 42.89 acres located on the north side of Meany Avenue, between Coffee Road and Patton Way (Kathy McWorter, DeWalt Corp-Engineer/Jim Ward- ArchitectJProBuilt-Builder) (ZC 03-1176). Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 102-32 from C-2 PCD (Regional Commemial 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 located along the southeast corner of Brimhall Road and River Ranch Ddve. (Froelich Construction Co.) (ZC 03- 1178). A~TIQN TAKEN ORD 4171 ORD 4t72 ORD 4173 , 195 Bakersfield, California February 25, 2004 - Page 3 CONSENT CALENDAR continued Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 104-20 to change the zoning from: R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, R-H to OS (Open Space) on 1.63 acres, and, R-H to R-S-lA (Residential Suburban - One Acre Minimum) on 5/65 acres south of Chase Avenue and east of Kern Canyon Road. (San Joaquin Engineering and Rex Martin) (ZC 03-1189). Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 104-18 from MH (Mobilehome) to R-1 (One Family Dwelling) on 81.50 acres located along the east side of Morning Drive approximately 300 feet north of State Route 178. (Brett Dawson) (ZC 03-1190). Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) 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. (Engineer-Mclntosh and Associates/Subdivider-Michel Etchevery) (ZC 03-1279) Resolutions: Amendment No. 1 to Resolution No. 79-92 regarding the establishment of the Disability Retirement Review Committee and the Retirement Appeals Board. Resolution determining that the wet play equipment for Wayside park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $155,000.00. Resolution in support of a Statewide Ballot Initiative to require voter approval before the State Government may confiscate local tax funds. Resolution of Intention No. 1325 to add territory, Area 3-25 (Stine, McKee NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN ORD 4~74 ORD 4175 ORD 4t 76 RES 79-92(1) RES 039-04 RES 040-04 ROI '1325 196 o Bakersfield, Califomia February 25, 2004 - Page 4 CONSENT CALENDAR continued Agreements: Agreement with Bakersfield Rescue Mission Homeless intervention Service, Inc. (HIS) for acquisition of 724 E. 21st Street. ($260,000.00 - Comm Dev Block Grant Funds) Consultant Agreement with Kenneth D. Schmidt & Associates ($49,400.00) to provide groundwater monitoring and reporting services at Wastewater Treatment Plant 2, Plant 3 and the I-5 Farm owned by the City of Los Angeles. Independent Contractors Agreement with Zalco Laboratories, Inc. ($40,213.00) to provide analytical testing services for a Best Practicable Treatment and Control Study (BPTC) to be done at Wastewater Treatment Plant 3. p. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with G. W. Homes for Tract 5966, Unit 2 located south of Meacham Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Centex Homes for Tract 6118, Units I and 2, and Off Site Improvement Agreement and Landscape Agreement for Units 1 thru 5, located north of Olive Drive and west of Old Farm Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6185 Units 1 through 8 located west of Jewetta Avenue and north of Stockdale Highway. Final Map with ADH Corporation for Tract 6140 Phase 5 located south of State Route 58 and east of Oswell Street. Agreement for acquiring offsite real property interest (City in the Hills Development). Amendment No. 1 to Agreement No. CA 03-015 ($25,000.00, total contract not to exceed $50,000.00) with the law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to railroad crossings in the City. ACTION TAKEN AGR 04-031 AGR 04-032 AGR 04-033 AGR 04-034 AGR 04-035 AGR 04-036 AGR 04-037 AGR 04-038 AGR 04-040 AGR 04-041 AGR 04-042 AGR 04-043 AGR 04-044 AGR 04-045 AGR 04-046 AGR 04-047 AGR 04-048 AGR 04-049 AGR 04-050 AGR 04-05f AGR 04-052 AGR 04-053 197 Bakersfield, California February 25, 2004 - Page 5 CONSENT CALENDAR continued Amendment No. I to Agreement No. RP04-002 with Kern High School District (not to exceed $30,000.00) for use of Silver Creek and Jastro Pools. Amendment No. 4 to Agreement No. 97-283 with HTE, Inc. for refund ($4,900.00) of licensed software. Amendment No. 1 to Agreement No. 03-188 with Rick Maharrey dba Kern County Slow-Pitch Softball for additional services. Bids: Miscellaneous: Appropriate $30,000.00 Park Improvement Fund Balance to the Capital Improvement Budget for construction of landscaping improvement next to the Convention and Visitors Bureau. Authorize settlement of claim ($65,436.97) by Jim Burke Ford for damages from failure of Carder Canal Culvert at 19~ and Oak Streets. Motion by Vice-Mayor Couch to adopt Consent Calendar items 5.a. through 5. w. CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting ACTION TAKEN AGR 04-054 AGR 97-283(4) AGR 03-188(1) APPROVED General Plan Amendment 03-1192; Appeal by Old River Road, LLC. of the Planning Commission's denial of their request to amend the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-IA (Intensive Agriculture) to LR (Low Density Residential) and a Zone Change 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. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). RES 041-04 Bakersfield, Califomia February 25, 2004 - Page 6 CONSENT CALENDAR HEARINGS continued Item 6.a. continued First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from A to R-1. Staff recommends adoption of resolution approving the Negative Declaration, approving the genera/plan amendment, and give first reading to ordinance. General Plan Amendment/Zone Change 03-1155; The City, representing Jessie Mendoza (property owner) has proposed a General Plan Amendment and amendment to the ordinance for property located generally along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven Avenue. Resolution adopting the Negative Declaration and the General Plan Amendment to change land use designation from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25. Staff recommends adoption of the resolution and give first reading to ordinance. General Plan Amendment/Specific Plan Line No. 03-1171; Castle and Cooke California, Inc. has proposed to amend the Circulation Element of the Metropolitan Bakersfield General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, between Stockdale Highway and Pacheco Road. A Specific Plan Line to establish 210 feet of planned right-of-way for the same realigned segment of the West Beltway is proposed as well. Resolution adopting the Negative Declaration and the General Plan Amendment to amend the Circulation Element of the General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. ACTION TAKEN FR RES 042-04 FR RES 043-04 199 o Bakersfield, California February 25, 2004 - Page 7 CONSENT CALENDAR HEARINGS continued Item 6.c. continued Resolution adopting the Negative Declaration and a Specific Line Plan, pursuant to Chapter 17.55 of the Municipal Code, to establish 210 feet of planned right- of-way for the segment of the West Beltway realigned under GPA 03-1171, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. Staff recommends adoption of the resolutions. General Plan Amendment/Rivedakes Ranch Specific Plan Amendment 03-1175; Michael Dhanens, Architect, has proposed a General Plan Amendment and a Riverlakes Ranch Specific Plan Amendment on 4.48 acres, located generally west of Riverlakes Drive, north of Links Drive. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres. Resolution approving the Negative Declaration and denying the Riverlakes Ranch Specific Plan Amendment consisting of changes to the land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres and from OS (Open Space) to R-1 (Single Family Dwelling) zone on 4.48 acres and to omit any reference to the park site at the location. Staff recommends adoption of the resolutions approving the Negative Declaration, denying the General Plan Amendment and the Rive/fakes Ranch Specific Plan Amendment. General Plan Amendment/Zone Change 03-1228; Madno and Associates has proposed a General Plan Amendment and an ordinance amendment and the cancellation of a Land Conservation contract for 80 acres, located generally west of Allen Road, south of Kratzmeyer Road to Reina Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. ACTION TAKEN RES 044-04 RES 045-04 RES 046-04 RES 047-04 2OO Bakersfield, California February 25, 2004 - Page 8 CONSENT CALENDAR HEARINGS continued Item 6.e. continued First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. Resolution making findings and approving the cancellation of the Land Conservation Contract (Williamson Act) on 80 acres (Government Code 51282). Staff recommends adoption of the resolution adopting the Negative Declaration, approving the genera/plan amendment, the cancellation of the Land Conservation Contract and give first reading to the ordinance. Hearings opened at 5:34 p.m. No one spoke. Hearings closed at 5:35 p.m. Motion by Vice-Mayor Couch to approve the staff recommendations on Consent Calendar Hearing items 6.a. through 6. e. WORKSHOP a. Touch Screen Voting Machines. Comments and demonstration presented by Ann Barnett, Kern County Auditor-Controller-County Clerk. CLOSED SESSION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1 ). Motion by Vice-Mayor Couch to recess to Closed Session at 5:50 ACTION TAKEN FR RES 048-04 APPROVED APPROVED Motion by Vice-Mayor Couch to recess from Closed Session at APPROVED 6:55 p.m Bakersfield, Califomia February 25, 2004 - Page 9 RECONVENED MEETING - 7:00 p.m. 10. 11. 12. 13. ROLL CALL Present: 14. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Larry Dotson, Panama Baptist Church PLEDGE OF ALLEGIANCE by Xavier Harris 3r~ Grade Student at Bessie Owens School. CLOSED SESSION ACTION ACTION TAKEN PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Gloria Delgado, Project Assistant for Environmental Strategies on Inhalant Abuse at Clinica Sierra Vista, proclaiming March, 2004, as "Inhalant Prevention Awareness Month" GIoda Delgado made comments. Mayor Hall recognized a Ridgeview High School government class in attendance at the meeting. PUBLIC STATEMENTS a. Julius Rodgers spoke regarding voting equipment. b. Terry Veach spoke regarding People's First of Kern County. c. Stuart Gentry spoke regarding a City Memo on the subject of retirement benefits and provided written material. d. Millie Diffenbaugh and Mary Helen Barro spoke regarding pool closures and presented petitions. Councilmembers Benham made comments regarding pool closures. City Manager Tandy and Finance Director Klimko made additional comments and provided written material. Councilmember Maggard made comments regarding use of one-time monies. Public Employee Performance Evaluation - City Manager; NO Closed Session pursuant to Government Code Section REPORTABLE 54957(b)(1 ). ACTION Bakersfield, Califomia February 25, 2004 - Page 10 14, PUBLIC STATEMENTS continued Item 14.d. continued ACTION TAKEN Councilmember Couch made comments regarding restrictions placed on use of monies. Councilmember Sullivan requested public speakers addressing the pool closure issue be provided copies of the report presented at the Community Services Committee regarding repair, maintenance and operation costs of the pools. Councilmember Salvaggio made comments regarding busing pool users to pools remaining open. Councilmember Carson made comments regarding pool closures. Councilmember Sullivan made comments regarding the spray parks. Scott Farley, Farley's Baker Street Florist, Heather Stevenson, Yellow Rose Florist, Dawn Baumgarten, Log Cabin Florist and Darrell Newton, Mt. Vernon Florist spoke regarding illegal street vendors. Councilmember Benham advised the speakers that the item is in committee and requested staff inform florists of the time and place of the next meeting of the Legislation and Litigation Committee. 15. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. None. 16. HEARINGS 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 Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road. 203 16. 17. Bakersfield, Califomia February 25, 2004 - Page 11 HEARINGS continued Item 16.a. continued Correspondence was received from Harold Robertson, on behalf of Porter Robertson Engineering, requesting the item be continued to the March 10, 2004 meeting. Hearing opened at 8:19 p.m. Gordon Nipp spoke on behalf of the Sierra Club in opposition to the issue and presented written material. Harold Robertson, Porter Robertson Engineering spoke in favor of the staff recommendation. Motion by Councilmember Hanson to continue the hearing to March 10, 2004. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff Investigate criminal activity in a parking structure on California Avenue and respond to the citizen reporting the issue. Councilmember Maggard requested Public Works and Water provide information to S & S Builders regarding water availability in Section 9 in the Northeast, keep him apprized of the situation; explore using an Assessment District, or whatever is necessary to provide the necessary Infrastructure. Councilmember Maggard requested an update regarding provision of pedestrian traffic safety measures on Mall View Rd. where a church lies to the north. Public Works Director Rojas responded. Councilmember Carson requested Chlef Matlock provide a copy of the police report on the incident where a child was struck on Belle Terrace. Councilmember Carson requested information on how to reestablish the P.A.C. in the Southeast. Councilmember Carson requested Code Enforcement provided tumbleweed abatement for a vacant lot on Humbuck Ln. Councilmember provided information regarding the parade honoring Black History Month; provided backround information; acknowledged the Proclamation provided by the Mayor on behalf of the City, and invited the community to join in the celebration. ACTI~)N TAKEN APPROVED t7. Bakersfield, California February 25, 2004 - Page 12 MAYOR AND COUNCIL STATEMENTS continued Councilmember Hanson requested information regarding staff preparation of the three budget scenario. City Manager Tandy responded. Councilmember Hanson requested Information regarding utilization of retired employees as consultantsand possible problems with the Retirement System. Public Works Director Rojas responded. City Manager Tandy stated more comprehensive information will be provided. Councilmember Hanson requested information regarding an Agreement with Pleasant Holidays; forgiving of debt provided hiring of Iow to medium income quotas are met. City Manager Tandy responded. Councilmember Sullivan requested staff investigate posting rewards for information leading to the arrest and conviction of individuals who vandalize; eradicate graffiti in the Stonecreek area and for Legislation and Litigation to address the issue. In addition Police Chief Matlock responded. Councilmember Sullivan made comments regarding the P.A.L. Award and Recognition Night; acknowledged the contribution the organization makes to the community and recognized Angel Roddguez, P.A.L. Young Man of the Year, and Katonia Fisher, P.A.L. Young Woman of the Year, the staff and volunteers. Councilmember Sullivan made comments regarding the one year deployment of thirty-two soldiers from Fort Irwin to Kuwait, including her granddaughter. Councilmember Maggard requested staff analyze information provided by a citizen regarding a proposal to provide, at no cost to the City, an indoor soccer facility. Councilmember Hanson provided information regarding the new Dryer's Ice Cream facility and complimented Mayor Hall for his role in drawing the company to the community. Councilmember Salvaggio congratulated Police Chief Matlock on his impending retirement. Councilmember Salvaggio requested graffiti abatement for the cement areas of the canals at So. "H" St. and Wilson Rd. on the east side of So. "H" St.; additionally, north of Wilson Rd., west side of So. "H" St., a painted red fence requires graffiti removal. ACTION TAKEN 17. 16. Bakersfield, Califomia February 25, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Salvaggio revisited the Issue of a four. way-stop and possible crosswalk at Fremont St. and Wilson Rd. Councilmember Salvaggio congratulated Solid Waste on reaching the 53% mark for city-wide recycling exceeding the State mandated 50%. Councilmember Salvaggio made comments regarding telemarketers. Councilmember Sullivan requested the Community Services Committee address implementing a Mayoral appointment to the Keep Bakersfield Beautiful Committee. Vice-Mayor Couch thanked Chief Matlock for his service to the City. Vice-Mayor Couch expressed appreciation to Chief Matlock and Chief Fraze for their efforts in building the new police/fire substation tentatively set to be dedicated March 15. Vice-Mayor Couch provided information regarding the Planning and Development Committee addressing several issues pertaining to possible revision of the Metropolitan Bakersfield General Plan Policies. Vice-Mayor Couch requested a meeting with Finance Director Klimko. ADJOURNMENT Mayor Hall adjourned the meeting at 9~ p.m. MAYOR of the City of Bakersfield, CA/. ATTEST: CITY CLERK and Ex Officio~lerk of the City of Bakersfield, California ACTION TAKEN Bakersfield, California February 25, 2004 - Page 14 '[t115 PA6E INTENTIONALLY LEFT BLANK