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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 462 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 04-332 466 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 04-339 469 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 470 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. 471 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 472 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 474 Bakersfield, California November 17, 2004 - Page 14 ***THIS PAGE INTENTIONALLY LEFT BLANK***