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