HomeMy WebLinkAbout07/07/04 CC MINUTESMINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JULY 7, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan (seated
at 5:20 p.m.), Salvaggio
Absent: None
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of June 23, 2004.
Payments:
Approval of department payments from June 11,2004 to June
24, 2004 in the amount of $9,349,489.35 and self insurance
payments from June 11,2004 to June 24, 2004 in the amount
of $175,016.50.
Ordinances:
First Reading of Ordinance adopting a negative declaration
and amending Section 17.06.020 (Zone Map No. 123-11) of
Title 17 of the Municipal Code by changing the zoning from a
PCD (Planned Commercial Development) zone to a revised
PCD (Planned Commercial Development) zone to allow a
self-storage and recreational vehicle storage facility on 5.97
acres generally located on the northwest corner of Wilson and
South Real Roads. (ZC03-1514) (Derrels Mini Storage/Jim
Marino)
First Reading of Ordinance adding Section 15.64.055 to the
Municipal Code related to smoking regulations in enclosed
areas.
FR
FR
Bakersfield, California July 7, 2004 - Page 2
CONSENT CALENDAR continued
Resolutions:
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize
collection of the assessments by the Kern County Tax
Collector.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
g. Brimhall Planned Drainage Area:
Resolution of Intention No. 1338 to establish the
drainage plan for the Bdmhall Planned Drainage Area
and preliminarily approving the boundaries of the area
and the cost and fee schedule.
First Reading of Ordinance amending Section
16.32.060 of the Bakersfield Municipal Code relating
to drainage facilities.
Resolution of Application proposing proceedings for
annexation of uninhabited territory identified as Annexation
No. 469 located at the northwest corner of Brimhall Road and
Calloway Drive.
ACTION TAKEN
RES 214-04
RES 215-04
ROI 1338
FR
RES 216-04
Bakersfield, California July 7, 2004 - Page 3
CONSENT CALENDAR continued
i. Tract Maps and Improvement Agreements:
Final Map with ADH Corporation for Tract 6140 Phase
3 located east of Oswell Street and south of State
Route 58.
Final Map and Improvement Agreements with Stuart
Thomas Inc., dba Lennox Homes for Tract 6192 Unit
1 located south of Hosking Avenue and east of South
H Street.
Final Map and Improvement Agreements with Pulte
Home Corp. for Tract 6160 located south of State
Route 178 and east of Miramonte Ddve.
Final Map and Improvement Agreements with McMillin
Crystal Ranch, LLC, for Tract 6146 Unit 2 located
west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with McMillin
Crystal Ranch, LLC, for Tract 6146 Unit 3 located
west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with Coker
EIIsworth, Inc., for Tract 5696 located east of Fairfax
Road and north of Highland Knolls Drive.
Agreement with Organizational Effectiveness Consulting, not
to exceed $45,000.00, to provide strategic planning services
for the Bakersfield Police Department.
Agreement with Berryman & Henigar, Inc. to provide inventory
valuation services related to Governmental Accounting
Standards Boards (GASB) Statement #34 compliance
requirements, not to exceed $8§,900.00.
ACTION TAKEN
AGR 04-187
AGR 04-188
AGR 04-t89
AGR 04-190
AGR 04-19t
AGR 04-192
AGR 04-193
AGR 04-194
AGR 04-195
AGR 04-196
328 ,
Bakersfield, California July 7, 2004 - Page 4
CONSENT CALENDAR continued
Agreements to indemnify LAFCO for Annexation No. 450,
Proceeding No. 1375 located south of McKee Road, between
Wible Road and State Highway 99; Annexation No. 451,
Proceeding No. 1379 located west of Calloway Ddve, north of
Snow Road; Annexation No. 452, Proceeding No. 1382
located north of the Kern River east of Coffee Road;
Annexation No. 455, Proceeding No. 1384 located west of
Allen Road north of Palm; Annexation No. 456, Proceeding
No. 1375 located south of Panama lane, east of Old River
Road; and Annexation No. 458, Proceeding No. 1386 located
east of Oswell Street, generally south of State Route 178.
m. White Lane/State Route 99 Project:
Amendment No. 1 to Cooperative Agreement No. 03-
119 with the State of California, Department of
Transportation for the City to perform right of way
acquisition for State Route 99 southbound auxiliary
lane, from Planz Road overcrossing to White Lane.
Appropriate $125,000.00 State funds to the Capital
Improvement Budget within the ISTEA Fund.
Bids:
Accept bids to award annual contract to Amber Chemical, Inc.
and Kemiron Companies, Inc., not to exceed the budgeted
amount of $50,000.00, for chemicals for the City's
Wastewater Treatment Plants.
o. Resurfacing Vadous Streets 2003/2004:
Accept base bid to award contract to Granite
Construction Company ($1,643,461.20) for the
Project.
Transfer $800,000.00 of appropriations from the
Streets Division's Operating Budget to the Capital
Improvement Budget within the Gas Tax Fund.
Accept bid to award contract to Brown and Fowler
Construction ($208,872.25) for Wayside Playground
Rehabilitation Project.
Extend bid from South Kern Machinery ($39,896.98) for one
(1) additional diesel powered rotary mower for the Parks
Department.
ACTION TAKEN
AGR 04-197
AGR 04-198
AGR 04-199
AGR 04-200
AGR 04-201
AGR 04-202
AGR 03-I19('1)
AGR 04-203
AGR 04-204
AGR 04-205
AGR 04-206
Bakersfield, California July 7, 2004 - Page 5
CONSENT CALENDAR continued
r. Reject all bids for Mount Vernon Recycling Facility loading
dock structure.
s. Reject all bids for Sewer Cleaner Truck.
Miscellaneous:
t. Residential Cul De Sac Parking.
u. Dedication of Property:
1. Easement Deed to Pacific Gas & Electric Company,
for the relocation of the their facilities through the
City's permanent drainage basin site on the north side
of Panama Lane approximately 473 feet east of
Colony Street.
v. Appropriate contributions totaling $45,280.00 to the
Recreation and Parks Department Operating Budget within
the General Fund for various recreation programs.
Motion by Vice-Mayor Couch to adopt Consent Calendar items
$.a. through 3. v.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting fees pursuant
to the Cost Recovery Program.
Hearing opened at 5:19 p.m.
No one spoke.
Hearing closed at 5:19 p.m.
Motion by Vice-Mayor Couch to approve the Resolution.
CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
Motion by Vice-Mayor Couch to recess at 5:20 p.m.
Motion by Vice-Mayor Couch to reconvene at 7:00 p.m.
ACTION TAKEN
DEED 6104
APPROVED
AB SULLIVAN
RES 2t7-04
AB SULLIVAN
APPROVED
AB SULLIVAN
DELETED
APPROVED
APPROVED
Bakersfield, California July 7, 2004 - Page 6
RECONVENED MEETING - 7:00 p.m.
6. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None.
INVOCATION by Pastor Steven D. Yeary, Brimhall Road Assembly of
God Church.
PLEDGE OF ALLEGIANCE by Melissa Moore, 4t' Grade Student at
Buena Vista Elementary School.
9. CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
10. PUBLIC STATEMENTS
None.
11. HEARINGS
General Plan Amendment No, 04-0457; The City's Public
Works Department has proposed a General Plan
Amendment, located generally south of State Highway 178,
east of Comanche Drive:
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change the
Circulation Element to rs-align the collector segment
of Miramonte Drive south of State Highway 178 to
realign in an east-west direction to align with Chase
Avenue to Comanche Drive and establish a new
collector alignment east of Miramonte Drive,
Development Services Director Hardisty made staff
comments.
Hearing opened at 7:08 p.m.
Kelly Lucas spoke in support of the staff recommendation.
ACTION TAKEN
DELETED
RES 218-04
Hearing closed at 7:14 p.m.
331
11,
Bakersfield, California July 7, 2004 - Page 7
HEARINGS continued
Item 11.a. continued
Motion by Councilmember Maggard to approve the Resolution
adopting the Negative Declaration and General Plan Amendment
and changing the Circulation Element.
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 5516 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - GFC Properties).
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 5517 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - GFC Properties.
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 6243 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - Three Views, Ltd. Partnership)
Development Services Director Hardisty made staff
comments regarding related hearing items 1 l.b., 1 1 .c., and
11.d.
Hearings 11 .b., 11 .c., and 11 .d. opened at 7:24 p.m.
Dave Weldon, President of the Vista Montagna Homeowners
Association, and Kelly Lucas, Board Member of one of five
homeowner's associations in the Rio Bravo community, spoke
in opposition to the staff recommendation.
Tom Fallgatter, on behalf of GFC Properties, and Harold
Robertson, Porter-Robertson Engineering and Surveying
Partner and Three Views LLC, spoke in support of the staff
recommendation.
ACTION TAKEN
APPROVED
RES 219-04
RES 220-04
RES 221-04
tt.
Bakersfield, California July 7, 2004 - Page 8
HEARINGS continued
Items 11 .b., 11 .c. and 11 .d. continued
Hearing closed at 7:49 p.m.
Councilmember Maggard stated the foflowing for the record:
There must be two ways into and out of the Rio Bravo
community. Presently this is provided by access on Via
Napoli and new access to the west.
A third access way is proposed utilizing Via Genoa and
Via Pasanno the cooperation of Mike Cutbirth.
A connection between Via Bassano and De La Guerra will
allow a new exit to the south.
The connection will enter Mr. Cutbirth's subdivision at
Via Bassano proceeding south exiting on Via Genoa.
Mr. Cutbirth agreed to the easement through his property
for the proposed street and will be reimbursed for the
cost.
Compensation for the easement will be calculated based
on square footage required.
Mr. Cutbirth agreed and stated compensation for square
footage was the basis agreed upon for granting the
easements.
The next connection between De La Guerra and Via
Bassano exiting to the south on Via Genoa will
compliment the existing exit at Via NapolL
Mr. Coyne, GFC Properties, agreed the road be will
designed and GFC land be provided at no cost across in
order to make the connection from De La Guerra to Via
Bassano.
De La Guerra, Via Ballano and Managgio will retain
access to Casa Club, however, an incentive will be
created to move traffic along Managgio and De La Guerra
by not connecting Via Ballano between Managgio and De
La Guerra Terrace.
The road connecting Mannagio and De La Guerra Terrace
will not be public; lots 22, 23, 11, and 12 on Via Ballano
will be affected; place grasscrete, or equivalent, that
contains infrastructure that will support emergency
vehicles.
Lots 22, 23, 11, and 12 access to Managgio or De La
Guerra Terrace is yet to be determined. The grasscrete
proposal will allow creation of mini cul-de-sacs with
access to lots 22, 23, 11 and 12.
ACTION TAKEN
11.
Bakersfield, California July 7, 2004 - Page 9
HEARINGS continued
Items 1 lb., 11.c. and 11 .d. continued
Mr. Coyne agreed to the grasscrete access proposal with
access to lots 22, 23, 11 and 12.
Casa Club will still be accessible to the north on Ravello.
At the intersection of De La Guerra Terrace and Ravello
access to Vista Grande would be limited by installation of
a crash gate; Mr. Coyne agreed.
Mr. Coyne is unable to state which street lots will face
pending approval of the homeowners association, at this
time.
Public Works Director Rojas stated staff will
accommodate whichever direction is determined.
Randy Stienert, President of the Rio Bravo Master Golf
Homeowner's Association, spoke on behalf of the
affected homeowner's association and agreed to work
with Mr. Coyne regarding the lots in question.
Mr. Stienert stated the homeowners' association would
consider grasscrete rather than the suggested crash
gate if that would be acceptable.
Councilmember Maggard stated that if an emergency
escape route were required grasscrete would be more
user friendly than a crash gate.
Mr. Coyne requested the issue regarding gresscrete
versus a crash gate be resolved with staff in the future.
Councilmember Maggard recommended a sidewalk only
on the west side of the street on Via Napoli from Tract
5517 to Via Napoli and Mannago Ln., continuing on
Mannago Ln. to the northern edge of Tract 5517. This
would accommodate pedestrian traffic on a more heavily
traveled street.
Councilmember Maggard requested future discussion
with Mr. Cutbirth regarding the need for sidewalks on
property he is developing.
Councilmember Maggard requested a sidewalk on the
south side of Casa Club Dr. from Muirfield to the
clubhouse.
Mr. Yee, from A &E Union, sent correspondence agreeing
to dedicate right of way and pay for up to fifty per cent of
construction cost for the sidewalk/cartpath.
Mr. Coyne agrees to pay for the other half of the
construction cost of the sidewalk/cartpath.
Other sidewalks will not be required in 5516 and 55t7.
ACTION TAKEN
11,
Bakersfield, California July 7, 2004 - Page 10
HEARINGS continued
Items 11.b., 11.c. and 11.d. continued
Councilmember Maggard thanked the Planning
Commission, staff, City Attorney, Planning, Public Works,
City Manager, and particularly the homeowner's
associations for cooperation in finding funds to pay for
the new road to the south exiting from Via Genoa to
Miramonte.
Mr. Coyne confirmed willingness to participate in paying
for the road.
Mr. Robertson, developer of Tract 6243, agreed to
participate in paying for the road, provided access from
the southeast corner of Tract 6243 is included, or
provided a third access to the subdivision is included.
If a third entrance/exit point is decided upon and is
included in the plan Mr. Robertson would pay for the
entrance/exit point.
If all of the groups agree to share paying the cost for the
third entrance/exit Mr. Robertson agreed to paying for the
exit road to the south.
Mr. Stlenert, on behalf of Rio Bravo Master Golf
Homeowner's Association, agreed to contribute not more
than $20.00 per unit per month to the funding for the
southern access road.
Mr. Weldon, on behalf of the Vista Montagna
Homeowner's Association, agreed to contribute to
funding the southern access road, pending approval of
the organization's membership.
Fletch Waggoner, President of the Casa Club Fairways
Homeowners Association, agreed to contribute not more
than $20.00 per unit, per month to the funding for the
southern access road. Additionally, he requested
greenbelts at the east end of Casa Club and the south
end of Donaldo.
Marion Locker, President of the Fairways Homeowners
Association, agreed her organization would consider
participation in funding the southern access road upon
receipt of further information. She relayed concerns
regarding an additional manned gate.
Mr. Cutbirth agreed to contribute to funding the southern
access road.
City has agreed to hold funds on behalf of the public and
expend as required to pay for the southern access road.
The sum of the obligation of each homeowner's
association will be deposited with the City at the outset
of the project.
ACTION TAKEN
335
11.
Bakersfield, California July 7, 2004 - Page 11
HEARINGS continued
Items 11 .b., 11 .c. and 11 .d. continued
The annexation agreement for property to the south does
not currently exist. If the land is not annexed the
secondary access to the Rio Bravo area would be on Via
NapolL
Minimally a third emergency egress is recommended with
crash gate entrance.
Mr. Robertson is not agreeable to contributing to the
southern access road if he is solely responsible for the
cost of the possible third entrance. If the cost is shared
he is willing to contribute to the southern access road
cost.
Manning of the third gate will be determined among the
homeowner's associations and the City.
Councilmember Maggard made motion to adopt the staff
recommendation, deny the appeal with the inclusion of the
stated modifications regarding Tracts 5516, 5517, and 6243, and
require all construction vehicles to utilize the designated access
to the neighborhood.
Recess from 8:47 p.m. to 8:55 p.m.
Public Hearing to consider Resolution changing the name of
Windsong Street to Ashley Castle Street (Brian Castle) and
resolution to amend the changing of street name policy.
City Clerk McCarthy announced correspondence had been
received from 230 City of Bakersfield citizens in favor, and 26
opposed to the name change, 138 county residents in favor
of the name change, 18 deemed invalid, and 10 out of town
residents.
Development Services Director Hardisty made staff
comments.
Hearing opened at 8:59 p.m.
David Gay, Brad Henderson, President of the Pheasant Run
Homeowners Association, and Patti Toone spoke in
opposition to the staff recommendation.
Jeremy Caldwell, Danielle Froelich, Erica Dixon, Burt Ellison,
Brian Castle, Heidi Carter and Matthew Park spoke in favor of
the staff recommendation.
ACTION TAKEN
APPROVED
11.
12.
Bakersfield, California July 7, 2004 - Page 12
HEARINGS continued
Items 11.e.
Brad Henderson, President of the Pheasant Run
Homeowners Association, spoke in opposition rebuttal to the
staff recommendation.
Erica Dixon, Julie Olcola and Bret Dixon spoke in favor
rebuttal to the staff recommendation.
Hearing closed at 9:31 p.m.
Vice-Mayor Couch acknowledged and expressed appreciation
to Lee Jamison for offering to name the new western street
entrance to the Promenade Ashley Castle Way.
Vice-Mayor Couch requested staff explore the Adopt a Highway
Program as an avenue to memorialize Ashley Castle.
Motion by Vice-Mayor Couch to continue and leave the hearing
open for public input to the August 18 meeting and direct staff
not to act on existing or current applications until resolution has
been reached in this instance.
Councilmember Maggard requested a specific legal opinion
regarding the Ordinance text currently in place which allows for
street name change, and the burden, if any, placed on Council
by the Ordinance.
Councilmember Maggard requested clarification regarding the
requested designation, Ashley Castle Street versus Ashley
Castle Way.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff investigate gardeners
at an apartment building blowing dust and trash into a
neighbor's yard on Monterey Street and provided contact
information.
Councilmember Benham requested Code Enforcement on Jewett
Street and provided citizen contact information.
ACTION TAKEN
APPROVED
Councilmember Benham requested staff assure a tree near the
bus stop by Kern Federal Credit Union has been trimmed.
12.
Bakersfield, California July 7, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested staff contact the owners of
the 7-11 Store on A Street at Chester Lane and provide
information regarding City process for graffiti abatement
services and provide such services as may be required.
Councilmember Benham requested graffiti abatement near the
Boys and Girls Club on Niles and Monterey Streets.
Councilmember Salvaggio requested graffiti abatement staff
revisit 2~00 Benton Street where abated graffiti on a concrete
wall has bled through and is again visible.
Councilmember Salvaggio thanked Streets Maintenance employees
for repairs performed on Ming Avenue.
Councilmember Salvaggio announced he would be thanking people
who have been particularly helpful during his time on the City Council
between now and the time he leaves the Council in December,
Councilmember Salvaggio acknowledged Steve Walker, Conchita
Walker, Brad Underwood and Mike Connor.
Councilmember Carson announced memorial activities on the
first anniversary of the loss of Ernestine, Joanie, Marcus,
Lindsey and Marshall Harper, including the planting of trees in
Lowell Park; thanked City staff, the Tree Foundation of Kern and
the Boys and Girls Club for assistance in the effort; on behalf of
Elaine Bird, Ernestine Harper's daughter, invited the community
to participate in memorial activities and requested Police
provide traffic control during the events.
Councilmember Hanson congratulated the Don Jaeger and the
Visitor's and Convention Bureau for influencing the 2006 California
State Championships to hold their event in Bakersfield.
Councilmember Hanson requested an update regarding telecasting
Planning Commission Meetings. City Manager Tandy responded.
Councilmember Hanson requested an update regarding the plan
check process. Public Works Director Rojas responded.
Councilmember Hanson requested an update on the removal by
PG&E of power poles on Stockdale, west of Ashe Road to
Gosford.
ACTION TAKEN
12.
Bakersfield, California July 7, 2004 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested an update regarding
soliciting new bids for City health care consultant services.
Councilmember Hanson requested an update regarding the
effectiveness of the Redflex light enforcement system. Police Chief
Rector responded.
Councilmember Hanson provided information regarding his tour of
Wastewater Plant #3.
Councilmember Maggard thanked staff for assistance in ~esolving the
Rio Bravo issue.
Councilmember Maggard requested staff explore systematic
approaches to preventing/minimizing possible future failure of
facilities.
Councilmember Sullivan requested staff facilitate installation of
a trash receptacle at the bus stop on Wilson between Akers and
New Stine.
Councilmember Sullivan requested information on the re-opening of
the westbound off ramp of Hwy. 99. Public Works Director Rojas
responded.
Councilmember Sullivan complimented the Fire Department for the
Fourth of July fireworks program and display.
Councilmember Sullivan requested staff determine the date and
place of the first Fire Department fireworks display, and how
long it has been at Bakersfield College.
Vice-Mayor Couch thanked Council and staff for their support.
Vice-Mayor Couch requested Legislation and Litigation
Committee review the Highway 99 event.
Vice-Mayor Couch requested staff place on the next agenda a
Resolution opposing Proposition 68 and provided information
for distribution to Council.
Vice-Mayor Couch thanked Development Services Director Hardisty
for assistance regarding poles in the Riverlakes area.
Vice-Mayor Couch requested staff coordinate tree trimming in
the White Lane/Gosford Road area with PG& E.
ACTION TAKEN
12.
13.
Bakersfield, California July 7, 2004 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch requested traffic control on Downing between
Coffee and Fruitvale.
Vice-Mayor Couch requested staff provide information to the
public regarding standing water in sumps and the West Nile
Virus.
ADJOURNMENT
ATTEST:
CITY CLERK and Ex Officio (:~rk of the
City of Bakersfield, California v
ACTION TAKEN
339
840 ,
****PAGE INTENTIONALLY LEFT BLANK****