HomeMy WebLinkAbout11/17/04 CC MINUTES
461
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
NOVEMBER 17, 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. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:20), Benham, Maggard, Hanson,
Sullivan (seated at 6:15), Salvaggio
Absent:
None
2. REPORTSIWORKSHOP
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Two (2) cases:
1. Mary E. Bosse v. City of Bakersfield, et ai., Kern
County Superior Court, Case No. S-1500-CV-
252209RJA
2. North Kem Water Storage District, et al v. Kern Delta
Water Storage District, et ai., Tulare Superior Court
Case No. 96-172919
b. Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957(b)(1).
Motion by Vice-Mayor Couch to adjourn to Closed Session at
5:20 p.m.
APPROVED
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:29p.m.
APPROVED
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Bakersfield, California November 17, 2004 - Page 2
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Council members
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent:
None.
5. INVOCATION by Pastor Troy Morris, New Beginnings Christian
Church.
6. PLEDGE OF ALLEGIANCE by P. J. Atchison, 8'" Grade Student at St.
Francis School.
Mayor Hall announced item 12.c. has been removed from
the agenda.
7. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Two (2) cases:
1.
Mary E. Bosse v. City of Bakersfield, et ai., Kem
County Superior Court, Case No. S-1500-CV-
252209RJA
2.
North Kem Water Storage District, et al v. Kem Delta
Water Storage District, et al., Tulare Superior Court
Case No. 96-172919
b.
Public Employee Performance Evaluation - City Attorney;
Closed Session pursuant to Government Code Section
54957(b)(1).
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Mike Duncan,
NASCAR Grand National West Series Champion, proclaiming
November 17, 2004, as "Mike Duncan Day".
ACTION TAKEN
NO REPORTABLE
ACTION
NO
REPORTABLE
ACTION
THE
EXCEPTIONAL
EVALUA TION OF
THE CITY
A TTORNEY HAS
CONCLUDED
8.
Bakersfield, California November 17, 2004 - Page 3
PRESENTATIONS continued
b. Presentation by Rhonda Smiley, Office Administrator/Public
Relations to department winners of the 2004 Excellence in
Action Awards and the Extra Mile Award in recognition of
outstanding service to the City of Bakersfield. Recipients are
Jeff Colliti, Information Technology, Dave Dow, Development
Services, George Gonzalez, EDCD, Connie Walls, Finance,
Captain Dan Haning and Battalion Chief Matt Moore, Fire,
Officer James James and Irma Lewis, Police, Wen-Shi
Cheung, Wastewater, Gary Weaver, Construction, Frank
Hernandez (Extra Mile Award winner), Streets, Sandra
Forsythe and Pedro Mancia, Recreation and Parks and Steve
Choate, Water.
City Manager Tandy congratulated Stan Grady on his
selection to secede retiring Development Service Director
Hardisty .
City Manager Tandy made a presentation to Council member
Salvaggio.
9. PUBLIC STATEMENTS
a. Aaron Dolgin spoke regarding property purportedly damaged
at Silver Creek Park.
Councilmember Benham and Vice-Mayor Couch requested staff
contact Aaron's parents and resolve the problem.
b. Milt Younger spoke regarding the Bakersfield Symphony and
provided written material.
10. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 3, 2004 Council
Meeting.
Payments:
b. Approval of department payments from October 22, 2004 to
November 3, 2004 in the amount of $3,630,482.68 and self
insurance payments from October 22, 2004 to November 3,
2004 in the amount of $110,158.81.
463
ACTION TAKEN
464
10.
Bakersfield, California November 17, 2004 - Page 4
CONSENT CALENDAR continued
Ordinances:
c.
d.
e.
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 124-30 from R-1 (One Family Dwelling) to PUD (Planned
Unit Development) on approximately 20 acres located along
the north side of Hosking Road approximately 500 feet east
of Monitor Street. (GPAlZC 04-0876)
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 ofthe Municipal Code and Zoning Map
No. 123-35 from A (Agriculture) to C-2 (Regional Commercial)
on 15 acres located at the southeast corner of McKee Road
and Stine Road. (GPAlZC 04-0879)
f.
Adoption of Ordinance approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-22 changing the zoning district from R-3 (Limited
Multiple-Family Dwelling) on 11.86 acres and from C-2
(Regional Commercial) to R-2 (Limited Multiple-Family
Dwelling) on 8.82 acres located along the northeast corner of
Ashe Road and Panama Lane. (GPAlZC 03-1169)
Adoption of Ordinance upholding the appeal, approving the
Negative Declaration and eliminating Condition Nos. B.1. and
B.2. of Exhibit C in Ordinance No. 4165 that required a
pedestrian bridge over the Kern River Canal and pedestrian
path from Loughton Avenue to Stockdale Highway. (GPAlZC
04-0885)
Resolutions:
g.
Resolution of Application proposing proceeding for annexation
of uninhabited territory to the City of Bakersfield property
identified as Annexation No. 467 located generally south of
State Route 178 (south of the Rio Bravo Development),
generally east of Comanche Drive.
h.
Resolution determining that the wet play equipment for Dr.
Martin Luther King, Jr. Park and Planz Park cannot be
obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding
therefor, not to exceed $176,000.00.
i.
Resolution ordering the summary vacation of a dedicated
deceleration lane along Wilson Road west of S. Real Road.
ACTION TAKEN
ORD 4221
ORD 4222
ORD 4223
ORD 4224
RES 296-04
RES 297-04
RES 298-04
11.
Bakersfield, California November 17, 2004 - Page 5
CONSENT CALENDAR continued
j. McDonald Planned Sewer Area:
465
ACTION TAKEN
1. Resolution of Intention No. 1326 to establish the ROl1326
McDonald Planned Sewer Area and preliminarily
approving the boundaries of the area and fee
schedule.
2. First Reading of Ordinance amending Section FR
16.32.060 of the Municipal Code relating to sewer
facilities.
k. Resolution of Intention No. 1350 to add territory, Area 2-27 R011350
(Ashe, N. Halfmoon NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
the Public Works Director's Report.
I. Sewer Connection Fee Assessment for 4920 Elysium Street:
Agreements:
1.
Resolution confirming assessment for sewer
connection fee and authorizing the collection of
assessment by the Kern County Tax Collector.
2.
Agreement with Sharon Hightower, property owner, to
pay sewer connection fee in installments and notice of
special assessment lien.
m. Tract Maps and Improvement Agreements:
n.
1.
Final Map and Improvement Agreements with Stone
Creek Partners, Inc., for Tract 6227 located north of
McKee Road and east of Stine Road.
2.
Final Map and Improvement Agreements with Stuart
Thomas Inc. dba Lenox Homes for Tract 6192 Unit 2
located south of Hosking Avenue and east of South H
Street.
3.
Final Map and Improvement Agreements with McMillin
South San Lauren, LLC for Tract 6042 Unit 3 located
west of Mohawk Street and north of Gilmore Avenue.
Design Services Agreement with Meyer Civil Engineering,
Inc., ($193,100.00) for a project study of a new sewer trunk
line to Wastewater Treatment Plant #2.
RES 299-04
AGR 04-325
AGR 04-326
AGR 04-327
AGR 04-328
AGR 04-329
AGR 04-330
AGR 04-331
AGR 04-332
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10.
Bakersfield, Califomia November 17, 2004 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
o. Amendment NO.1 to Agreement No. 04-244 with Maximum AGR 04-244(1)
Engineering ($101,000.00 increase for a revised, not to
exceed compensation amount of $176,000.00) to extend term
of agreement by eight (8) months for continued contract
grinding services at the Mt. Vemon Wood Waste Recycling
Facility .
p. Preparation of Environmental Impact Report for General Plan
Amendment/Zone Change 03-1528 (Old River Ranch):
1.
Agreement with Petrini Bakersfield Ventures, LLC
($132,250.00) for the preparation of an Environmental
Impact Report (EIR) and appropriation of $132,250.00
developers contribution to Development Services
Operating Budget in the general fund.
AGR 04-333
2.
Agreement with Jones & Stokes ($132,250.00) to
prepare an Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change 03-1528 (Old
River Ranch).
AGR 04-334
q. Preparation of Environmental Impact Report for General Plan
Amendment/Zone Change 03-1188 and Vesting Tentative
Tract 6352 (Eagle Meadows):
1. Amendment No. 1 to Agreement No. 04-266 with AGR 04-266(1)
Eagle Meadows of Bakersfield 2, LLC, ($4,520.00 for
a total not to exceed $145,819.00) for the preparation
of an Environmental Impact Report (EIR) and
appropriate $4,520.00 developer's contribution to the
Development Services Operating Budget in the
general fund.
2. Amendment No. 1 to Agreement No. 04-267 with AGR 04-267(1)
Michael Brandman Associates ($4,520.00, for a total
not to exceed $113,219.00) to prepare an
I:nvironmentallmpact Report (I:IR) for General Plan
Amendment/Zone Change 03-1188 and Vesting
Tentative Tract 6352 (Eagle Meadows).
r.
Agreement between the City of Bakersfield and the
Bakersfield Redevelopment Agency for the purchase price of
$135,000.00 for real property located at the northwest corner
of Kentucky and King Streets (Old Town-Kem Mixed Use
Project) for an amortized amount not to exceed $151,200.00.
AGR 04-335
DEED 6169
10.
Bakersfield, California November 17, 2004 - Page 7
CONSENT CALENDAR continued
Bids:
s. Street Improvements:
Accept bid to award contract to Griffith Company
($377,577.00) for street improvements at the
intersections of Truxtun Avenue at Office Park Way,
Truxtun Avenue at Commercial Way, and Ming
Avenue at State Route 99 northbound on/off ramp.
2. Appropriate $140,000.00 Gas Tax Fund Balance to
the Capital Improvement Budget.
1.
t.
Accept bid to award contract to Loop Electric ($167,336.25)
for traffic signal and lighting system installations on 34th Street
at Jewell Street and on W. Columbus Street at San Dimas
Street.
u.
32 Acre Park north of Stockdale Highway at Buena Vista
Road:
1. Accept bid for building improvements contract (B.C.);
stage house, dressing rooms and restrooms and
award contract to S.C. Anderson, Inc ($2,795,000.00)
for the project.
2. Accept base bid for site improvements contract (S.C.),
additive alternate No.1, additive alternate NO.2 and
additive alternate NO.3 and award contract to S. C.
Anderson, Inc. ($5,646,000.00) for the project.
3. Appropriate $1,050,000.00 park acquisition fund
balance (zone 1); $450,000 additional park
development fee revenue (zone 1); $600,000.00 park
development fund balance (zone 1) within the Park
Development Fund.
4. Appropriate and transfer $2,250,000.00 inter-fund
loan from the Equipment Management Fund to the
Park Development Fund, to be repaid with future park
acquisition and development funds from Zone 1.
v. Extend bid from Three Way Chevrolet ($34,490.97) for one
(1) replacement utility vehicle for the Fire Department.
w. Extend bid from Jim Burke Ford ($159,051.34) for seven (7)
additional Police Special Sedans.
46.7
ACTION TAKEN
AGR 04-336
AGR 04-337
REMOVED FOR
SEPARATE
CONSIDERA TION
466
10.
Bakersfield, California November 17, 2004 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
x. Appropriate $20,000.00 Equipment Management Fund
Balance for copy machine replacement.
y. Appropriate $3,000.00 Transient Occupancy Tax Fund
Balance to the Non-Departmental Operatin9 Budget for
appraisal services.
z. Appropriate $43,500.00 fund balance to the Downtown
Project Area - Operating Budget for payment to Kem County
Tax Collector (Administrative Fee) for the collection and
distribution of Tax Increment Revenues and related Pass
Throughs for the Downtown Project Area.
aa. Appropriate $117,000.00 fund balance to the Redevelopment
Operating Budgets (Southeast $51,200; OTK $15,900.00;
Downtown $49,900.00) for the Bakersfield Redevelopment
Agency, Statewide share for Educational Revenue
Augmentation Fund (ERAF) FY 2004-05.
ACTION TAKEN
Motion by Vice-Mayor Couch to approve Consent Calendar items APPROVED
10.8. through 10.aa., with the removal of item 10.u. for separate
consideration.
u. 32 Acre Park north of Stockdale Highway at Buena Vista
Road:
1.
Accept bid for building improvements contract (B.C.);
stage house, dressing rooms and restrooms and
award contract to S.C. Anderson, Inc ($2,795,000.00)
for the project.
2.
Accept base bid for site improvements contract (S.C.),
additive alternate No.1, additive alternate No.2 and
additive alternate NO.3 and award contract to S. C.
Anderson, Inc. ($5,646,000.00) for the project.
3. Appropriate $1,050,000.00 park acquisition fund
balance (zone 1); $450,000 additional park
development fee revenue (zone 1); $600,000.00 park
development fund balance (zone 1) within the Park
Development Fund.
AGR 04·338
AGR 04-339
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Bakersfield, California November 17, 2004 - Page 9
10.
CONSENT CALENDAR continued
Item 10.u. continued
ACTION TAKEN
Vice-Mayor Couch stated for the record:
· No General Funds monies are being used the project.
· Funding for the park is from development fees, State
grants and development Impact fees.
· Funding for park maintenance is in place from
developers that have completed projects and paid the
appropriate development fees.
· Assessment District fees will support park maintenance.
Councflmember Benham requested staff explore further
landscaping and tree funding options, specifically a Proposition
12 Tree Planting Grant and an Urban Streams Grant; the
feasibility of partnering with the Tree Foundation of Kern/local
organizations and staff to contact Ms. Karcher of the Tree
Foundation to pursue the issue.
Motion by Vice-Mayor Couch to accept the bids.
APPROVED
ASS HANSON
11. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Specific Plan Line No. 04-1258;
The City of Bakersfield is proposing an amendment of the
circulation element and adoption of specific plan line to
facilitate realignment of Hughes Lane and construction of a
planned interchange at Hosking Avenue and Highway 99.
1. Resolution adopting the Negative Declaration and RES 300-04
approving the General Plan Amendment to amend the
Comprehensive Circulation Map of the Circulation
Element and approving the Specific Plan Line for the
realigned segment of Hughes Lane and planned right-
of-way for interchange at Hosking Avenue and
Highway 99.
Hearing opened at 7:37 p.m.
No one spoke
Hearing closed at 7:38 p.m.
Councilmember Salvaggio requested staff send a copy of the
administrative report and backup to the owner of Buck's
Landscaping.
Motion by Vice-Mayor Couch to adopt the Resolution.
APPROVED
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12.
Bakersfield, California November 17, 2004 - Page 10
HEARINGS
ACTION TAKEN
a. Hearing to consider appeal by William and Diane Hinkle of the
Board of Zoning Adjustment's denial of a zoning modification
(File No. 04-0969) to allow 30 foot tall netting and poles on
the rear and side property lines adjacent to a golf course
where 6 feet is the maximum height permitted within an R-1
(One Family Residential) at 9107 Elizabeth Grove Court.
1. Resolution upholding Board of Zoning Adjustment RES 301-04
decision denying the modification allowing 30 foot tall
netting and poles on the rear and side property lines
adjacent to a golf course.
Correspondence was received with four in support of the staff
Recommendation to deny the appeal and one in support of
allowing the variance.
Assistant Development Services Director Grady made staff
comments and made an overhead presentation.
Hearing Opened at 7:44 p.m.
Robert Gautney, Chuck Walker, William Hinkle, and William
Hinkle, Esq., representing William Hinkle, spoke in opposition
to the staff recommendation.
Mike Richey, Pam Tunnacliff, Michael Whittington, Esq.
allorney for the Northwoods Homeowners' Association,
Michael Abril, Esq., on behalf of Gary Pacheco, John Kirkaby,
Northwoods Homeowners' Association Board of Directors
member and Robert Hartsock spoke in favor of the staff
recommendation.
William Hinkle, Esq., spoke in rebullal opposition to the staff
recommendation.
John Kirkaby, Northwoods Homeowners' Association Board
of Directors member, Kirk Helwig and Mike Richey spoke in
favor rebuttal of the staff recommendation.
Motion by Vice-Mayor Couch to uphold the Board of Zoning APPROVED
Adjustment decision and adopt the Resolution denying the
appeal.
Recess taken from 8:50 p.m. to 8:55 p.m.
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Bakersfield, California November 17, 2004 - Page 11
12.
HEARINGS continued
ACTION TAKEN
b. Continued public hearing to consider resolution upholding the RES 302-04
decision of the Planning Commission, denying the appeal,
adopting the Negative Declaration and approving Vesting
Tentative Tract Map 6351 located on the southeast corner of
Panama Lane and Ashe Road. (Appellant: Sierra
Club/Engineer: Maurice Etchechury/Subdivider: G.L.
Vanherweg & Old River Land Co.)
Hearing re-opened at 8:55 p.m.
Maurice Etchechury spoke in favor of the staff
recommendation.
Hearing closed at 8:57 p.m.
Motion by Sullivan to deny the appeal and adopt the Resolution. APPROVED
c.
Public Hearing to consider Resolution of Necessity to
determine whether the public interest and necessity require
acquisition by eminent domain of 40± acres located
approximately 1/4 mile east of Heath Road, Y:. mile west of
Renfro Road on the north side of Stockdale Highway, for the
West side Parkway and West Beltway Interchange project
(Code Civ. Proc. § 1245.230).
DELETED
City Clerk McCarthy announced item 12.c. was removed from
the agenda and hearing will be reset December 15, 2004.
13. DEFERRED BUSINESS
a. Adoption of Ordinance amending Section 8.44.030 of the ORD 4225
Municipal Code relating to Fireworks.
City Allorney Gennaro made staff comments.
Motion by Benham to adopt the Ordinance.
HAT
Amended motion by Vice-Mayor Couch to adopt the Ordinance
with the provision providing a minimum of seventy-five
allowable permits be issued until the population reaches that
maximum, then one permit per four thousand, or a portion
thereof, provides for more than seventy-five allowable permits.
APPROVED
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Bakersfield, California November 17, 2004 - Page 12
14.
MAYOR AND COUNCIL STATEMENTS
Councllmember Hanson requested a schedule of times and
outline of tasks to be performed on maintenance districts In
Ward 5.
Councilmember Benham requested Planning and Development
Committee immediately address the Issue of enforcement of the
40% shade canopy requirement.
Councllmember Sullivan requested Alan Christensen contact her
regarding landscaping along a new block wall in Ward 6.
Councilmember Sullivan requested staff repair the roadway at
the intersection of Apple Tree and Pepper Tree streets.
Councilmember Sullivan requested staff abate graffiti on Harris
Rd., east of Ashe Rd. and In the neighborhood park.
Councllmember Sullivan requested staff promote the graffiti
removal webslte.
Council member Carson thanked staff for graffiti removal.
Councilmember Carson requested police provide more patrol In
the Dr. Martin Luther King Park during atter school hours to
assure the safety of children crossing the park in route from
school.
Councllmember Carson requested staff provide information on
City policy/procedure regarding sponsorship of non-profit
community events.
Councilmember Maggard stated he is looking forward to working with
Council member-elect Scrivner.
Councilmember Salvaggio acknowtedged lack Scrivner in the
audience, Councilmember-elect from Ward 7.
Councilmember Salvaggio congratulated Stan Grady on his
promotion to secede Development Services Director Jack Hardisty.
Councilmember Salvaggio thanked Public Works and Luis Peralez for
the wall closure on Garcia Ct.
Councilmember Salvaggio requested confirmation that the issue of
15 MPH speed limit signs for Smoke Tree Mobile Home Park is on
the December 15th agenda.
ACTION TAKEN
Bakersfield, California November 17, 2004 - Page 13
13.
MAYOR AND COUNCIL STATEMENTS
Councllmember Salvaggio requested graffiti abatement for the
H & R Block building at S. H St. and Julian, a masonry wall in the
front and side at 2120 Woolard Dr., masonry wall on the west
side of S. H St. at LeMay and the masonry wall on the west side
of Hughes Ln. between White Ln. and Teal across from Walmart.
Councilmember Salvaggio provided contact information and
requested staff mail Sylvia Miranda details of proposed plans
involving 47 acres at the Rudnick Packing Plant particularly
regarding proposed apartment zoning and provide the staff
report regarding the project.
Councilmember Salvaggio requested staff provide a constituent
the staff memo regarding licensing cats and provided contact
information.
Council member Salvaggio made comments regarding his tenure and
his 100% attendance at 575 Council meetings during his term of
office.
Council member Salvaggio directed comments to City Manager Tandy
and City Attorney Gennaro and complimented their performances.
Vice-Mayor Couch made comments regarding the Hwy. 99 and White
Ln. interchange.
Vice-Mayor Couch congratulated Trudy Slater on her impending
retirement.
Vice-Mayor Couch provided written material to City Clerk McCarthy.
15. ADJOURNMENT
ATTEST:
CITY CLERK and Ex Offici Clerk of the
City of Bakersfield, California
473
ACTION TAKEN
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Bakersfield, California November 17, 2004 - Page 14
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