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
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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
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