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HomeMy WebLinkAbout03/24/04 CC MINUTES MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MARCH 24, 2004 City Council Chamber, City Hail, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Sullivan, Salvaggio Absent: Hanson ACTION TAKEN 2. WORKSHOPS Keep Bakersfield Beautiful Committee - Great Amedcan Cleanup. Sal Moretti, Solid Waste Superintendent, made a computer presentation, provided written matedal and introduced Sean Cacal, the new Keep Bakersfield Beautiful Committee Coordinator. Update on the Restoration Status of the Fox Theater Foundation. Jim Whitehead, Chairman of the Board, Fox Theater Foundation, made an overhead presentation and introduced the first Executive Director of the Fox Foundation, Lisa Garzella. PUBLIC STATEMENTS Renee Nelson spoke regarding the zone change on the Castle & Cooke project PC 03-1246. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of March 10, 2004. 224 4o Bakersfield, California March 24, 2004 - Page 2 CONSENT CALENDAR continued Payment: Approval of department payments from February 27, 2004 to March 11, 2004 in the amount of $7,571,783.56 and self insurance payments from February 27, 2004 to March 11, 2004 in the amount of $241,759.25. Ordinances: First Reading of Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-36) of Title 17 of the Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46 acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north of Stockdale Highway. (Engineer: Mclntosh and Associates/Developer: Castle & Cooke) (ZC 03-1246) First Reading of Ordinance adding Chapter 9.23 to the Municipal Code relating to the assessment of second response costs for loud or unruly events. Adoption of Ordinance amending Municipal Code Sections 1.12.020, 1.12.040 and 1.12.060 by adding Annexation No. 443 located (1) west of Jewetta Avenue approximately 700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard Street to Wards 2 & 4, and Annexation No. 445 located between Ashe Road and Gosford Road, generally north of McCutchen Road to Ward 6. Adoption of Ordinance amending Title 17 of the Municipal Code concerning official Zone Map No. 102-19 changing the zone district 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 Derrers Mini Storage) (ZC 03-1361) ACTION TAKEN FR FR ORD 4180 ORD 4181 Bakersfield, California March 24, 2004 - Page 3 CONSENT CALENDAR continued Resolutions: Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2004-05 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. Transportation Impact Fee Agreement with Stonecreek Partners, Inc. (estimated impact fee credit-S57,394.00) for Tract 6124 located on Wible Road north of McKee Road. Agreement with Terry L. and Saundra E. Houchin to purchase real property at 7700 Brimhall Road for $253,610.00 (ISTEA Funds) for use as right of way for the Westside Parkway. Agreement with George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman to purchase real property located in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $224,053.00 (ISTEA Funds) for use as right of way for the Mohawk Extension Phase of the Westside Parkway. k. Final Tract Maps and Improvement Agreements with: Fairway Oaks South, LP., for Tract 6079 Unit 1 located south of Pacheco Road and west of Old River Road. GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6077 Unit 9 located north of Olive Drive and west of Calloway Drive. Castle & Cooke California, Inc., for Tract 6199 located north of Chamber Boulevard and east of South Allen Road. Castle & Cooke California, Inc., for Tract 6150 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road. ACTION TAKEN RES 061-04 AGR 04-061 AGR 04-062 ABS MAGGARD AGR 04-063 AGR 04-064 AGR 04-065 A GR 04-066 AGR 04-067 AGR 04-068 AGR 04-069 AGR 04-070 AGR 04-071 AGR 04-072 Bakersfield, Califomia March 24, 2004 - Page 4 CONSENT CALENDAR continued Item 4.k continued Castle & Cooke California, Inc., for Tract 6151 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road. Castle & Cooke California, Inc., for Tract 6223 Units 1 - 7 located south of Chamber Boulevard and east of South Allen Road. Bids: n. General Plan AmendmentJZC 03-1544 (Buena Vista Ranch): Agreement with Castle & Cooke Commercial-CA, Inc., for the preparation of an Environmental Impact Report (EIR) and appropriation of $47,140.00 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement with Michael Brandman Associates ($142,860.00) to prepare and Environmental Impact Report (EIR) for GPA/ZC 03-1544 (Buena Vista Ranch). Amendment No. I to Agreement No. CA03-053 ($25,000.00, total contract not to exceed $50,000.00) with law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to the Kem Power Plant. Purchase of additional refuse carts: Extend bid from Rehrig Pacific, Inc. to purchase 1,584 additional refuse carts ($65,513.45) to meet unanticipated increases in demand. Appropriate $66,000.00 Solid Waste Fund Balance to the Public Works Department Operating Budget. ACTION TAKEN AGR 04-073 AGR O4-074 AGR 04-075 AGR 04-076 AGR 04-077 AGR 04-078 AGR 04-079 AGR 04-080 AGR 04-081 AGR 04-082 AGR 04-083 AGR 04-084 AGR 04-085 AGR 04-086 Bakersfield, California March 24, 2004 - Page 5 CONSENT CALENDAR continued Miscellaneous: Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02), Amendment No. 11 (FY 02/03) and Amendment No. 5 (FY 03/04). Transfer $377,709.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for the Pianz Park wet play area and street reconstruction in HUD eligible areas. Transfer $210,000.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project. Amendment No. 1 to Agreement No. 03-156 ($200,000.00 increase, for a total compensation $520,000.00) with Gilliam & Sons, Inc. for emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir (earthmoving and hauling); and to apprepdate $170,000.00 Sewer Enterprise Fund Balance to the Capital Improvement Budget. Motion by Vice-Mayor Couch to approve Consent Calendar items 4. a through 4.p. with the removal of item 4.0 for separate consideration and Councilmember Maggard abstaining on item 4.i. due to a possible source of income.. Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02), Amendment No. 11 (FY 02/03) and Amendment No. 5 (FY 03/04). Transfer $377,709.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for the Planz Park wet play area and street reconstruction in HUD eligible areas. Transfer $210,000.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project. Motion by Councilmember Carson to approve item 4.0. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 03-156(1) APPROVED AB HANSON APPROVED AB HANSON Bakersfield, California March 24, 2004 - Page 6 5. CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: Right of Way, approximately ¼ mile west of Allen Road running east to approximately ~ mile east of Calloway Drive. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Party: Castle & Cooke. Under Negotiation: Price and terms of payment for purchase. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: 24th and Oak Streets. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Parties: Tom Carosella and John Sarad with Birkshire Properties. Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding 1) Bakersfield Citizens for Local Control v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99. Motion by Vice-Mayor Couch to recess to Closed Session at 5:36 Motion by Vice-Mayor Couch to recess from Closed Session at 6:50 p.m. RECONVENED MEETING - 7:00 p,m. 6. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Sullivan, Salvaggio Absent: Hanson. INVOCATION by Pastor Romeo R. Talamera, Filipino-American Community Church ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON PLEDGE OF ALLEGIANCE by Samuel Brow, 6t~ Grade Student at Juliet Thorner Elementary School. 10. 11. Bakersfield, California March 24, 2004 - Page 7 CLOSED SESSION ACTION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: Right of Way, approximately ~ mile west of Allen Road running east to approximately ~ mile east of Calloway Drive. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Party: Castle & Cooke. Under Negotiation: Price and terms of payment for purchase. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: 24~ and Oak Streets. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Parties: Tom Carosella and John Sarad with Birkshire Properties. Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding 1) Bakersfield Citizens for Local Control v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Ms. Eleanor Ozaeta, President of the Local Chapter of ARMA, proclaiming April, 2004, "Records and Information Management Month". Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2004, as "Public Health Week". PUBLIC STATEMENTS Julius Howard Rodgers and Roy Rocha spoke on behalf of People First of Kern County and provided written material. Councilmember Benham requested staff obtain contact information from the People First Organization and provide information to that organization regarding the Great American Cleanup event in April. ACTION TAKEN APPROVE APPRAISAL AND AUTHORIZE NEGOTIATIONS APPROVE APPRAISAL AND AUTHORIZE NEGOTIATIONS NO REPORTABLE AC~ON 11. 12. 13. Bakersfield, California March 24, 2004 - Page 8 PUBLIC STATEMENTS continued Councilmember Maggard requested staff remind Council of the dates of the People First Organization Conference November 12 and 13, 2004 at the Holiday Inn Select. b. Dennis Fox spoke regarding planning information. Arthur Unger spoke regarding poor air quality and provided written material. Joseph Austin spoke regarding the Fireworks Sales Ordinance. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. HEARINGS Public Hearing to consider appeal by the Sierra Club of approval of Zone Change 03-1133 (Aera Energy, LLC/Applicant). (Staff comments by Jack Hardisty, Development Services Director) First Reading of Ordinance upholding the decision of the Planning Commission, denying the appeal by the Sierra Club, adopting Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-07) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 160+ acres generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7, T29S, R29E. Staff comments by Development Services Director Hardisty. Hearing opened at 7:31 p.m. Gordon Nipp, on behalf of the Kern-Kaweah Chapter of the Sierra Club, spoke in opposition to the staff recommendation. Chris Boyd, Aera Energy, and Jess Frederick, WZI, spoke in favor of the staff recommendation and presented overhead material. Gordon Nipp spoke in rebuttal opposition to the staff recommendation. ACTION TAKEN FR 13. 14. 15. t6. Bakersfield, California March 24, 2004 - Page 9 CONSENT CALENDAR continued Item 13.a. continued Hearing closed at 7:53 p.m. Motion by Councilmember Maggard to deny the appeal and adopt the Ordinance incorporating the following conditions: Future development plans (including subdivision) shall provide an open space corridor which preserves the sides and bottom of the canyon proposed for a trail east of the future park site as shown in the Specific Parks and Trails Plan for Northeast Bakersfield. The open space corridor shall link to the park site. No vehicular access shall be allowed to or from the east side of the project area. Recess taken from 8:12 p.m. to 8:18 p.m. Vice-Mayor Couch assumed control and reconvened the meeting at 8:20 p.m. REPORTS Report on work to expand the City's Sphere of Influence Boundary, Municipal Services Report and discussions with LAFCO about it's role in City development. Planning Director Grady made staff comments and made a computer presentation, and provided written material. DEFERRED BUSINESS Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. Motion by Councilmember Benham to return the item to the Legislation and Litigation Committee due to additional information received afterthe Committee made recommendation to the Council. MAYOR AND COUNCIL STATEMENTS Councilmember Maggard requested staff investigate road conditions contributed to the triple fatality car accident in the northeast last Saturday and report findings to Council and the community. ACTION TAKEN APPROVED AB HANSON APPROVED AB HANSON ABSCOUCH 2'32 16. Bakersfield, California March 24, 2004 - Page 10 MAYOR AND COUNCIL STATEMENTS continued Councilmember Maggard extended condolences to the families of the victims of the car accident last Saturday. Councilmember Carson requested adjournment of the meeting in memory of missionary Karen Watson who was killed in Iraq last week. Councilmember Sullivan made comments regarding the services today for Karen Watson and expressed condolences to her family and friends. Councilmember Sullivan requested repair of potholes on southbound South Real between Stockdale and the Hwy. 58 off ramp. Councilmember Salvaggio thanked staff, on behalf of Marti Smith- Steelman and himself, for improvement of the over-all environment of the Loyalton/Castleford neighborhood. Councilmember Salvaggio made comments regarding time involved in the plan-check process and expressed his support for adding fee supported staff to expedite the process. Councilmember Salvaggio thanked staff for graffiti abatement in the Stonecreek area. Councilmember Salvaggio requested staff perform graffiti abatement on Panama Lane, from South H Street east to South Union Avenue on both sides of the road; additionally on a masonry wall on South H Street at LeMay, on the west side. Vice-Mayor Couch requested staff contact NOR Parks and Recreation regarding an Exchange Club fundralser and the feasibility of placing flags in the northwest corner of Liberty Park with some type of lighting. Vice-Mayor Couch requested staff analyze the use of Garvey Bonds for transportation projects. Vice-Mayor Couch requested staff prepare a memorandum analyzing the use of Garvey Bonds and the feasibility of using them for transportation projects; also include information on overturning Gasby 34. Vice-Mayor Couch requested staff repair a pothole on southbound Wible Road turning on to westbound Hosklng Road. ACTION TAKEN 233 16. Bakersfield, California March 24, 2004 - Page 11 MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested Planning staff pay special attention to the Specific Plan regarding the Abbott Project on Meacham Road at Calloway Drive; additionally Traffic to review trip generation, the effect on neighborhood traffic and the feasibility of a stop sign at Abbott and Goldbar. Vice-Mayor Couch requested staff provide additional traffic enforcement on River Run. Vice-Mayor Couch presented correspondence from the BIA and requested staff analyze feasibility of opposing the San Joaquin Valley Regional Planning Board and make a recommendation concerning handling of the City's position. Vice-Mayor Couch requested staff analyze the desirability of including tips in Section 8 of the City Investment Policy regarding Authorized and Suitable Investments. Vice-Mayor Couch provided dates of public hearings regarding high speed rail; informed Council that KernCOG has requested the City reaffirm it's position regarding the preferred alignment of the project and the preferred station location in the City; additionally requested the City endorse locations for the Maintenance Facility in Kern County. Vice-Mayor Couch provided information to staff regarding pool surface solutions, renovations, etc., and requested staff review for potential use. Councilmember Maggard and Vice-Mayor Couch requested an update regarding the status of community contributions to keep Beale Park pool open this summer. City Clerk McCarthy and City Manager Tandy responded. ACTION TAKEN 17. Bakersfield, California March 24, 2004 - Page 12 ADJOURNMENT Councilmember Carson adjourned the meeting in memory of missionary Karen Watson, who was killed in Iraq on March 15, at 9:35 p.m. ATTEST: CITY CLERK and Ex Officio Cle}~ of the City of Bakersfield, California v ACTION TAKEN