HomeMy WebLinkAbout04/27/05 CC MINUTES
615
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 27, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Councilmember Hanson
2. PUBLIC STATEMENTS
None.
City Clerk McCarthy announced the order of the
agenda would be switched, items, 4.b.1., 4.b.2. and
4.b.3. will be heard in Closed Session, item 4.a. has
been withdrawn at the direction of the City Attorney,
Council will adjourn from closed session and
reconvene in the Council Chamber at 6:00 p.m. for
the Council goal setting session. The regular
portion of the meeting will convene at 6:30 p.m.
4. CLOSED SESSION
a.
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Gode Section 54956.9
(One case).
REMOVED
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gary Willis v City, et al.
2. Eugene Jackson v City, et al.
3. Bakersfield Firemen Labor Organization, et
al.
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616
Bakersfield, California, April 27, 2005 - Page 2
4.
CLOSED SESSION continued
Motion by Vice Mayor Maggard to adjourn to Closed
Session at 5:17 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:00 p.m.
Meeting reconvened at 6:05 p.m.
Mayor Hall announced the regular Council meeting
would be convened around 6:40 p.m. after a brief
recess.
3. WORKSHOP
a. City Council Goal Setting.
City Manager Tandy made introductory comments
and Assistant City Manager Stinson gave a
computer presentation and provided revised
handouts.
City Manager Tandy requested Council submit
additional goals to his office by May 5, 2005.
Recess taken from 6:32 p.m. to 6:44 p.m.
RECONVENED MEETING - 6:44 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Hanson
6. INVOCATION by by Pastor George Horner, Grace Reformed
Church.
7. PLEDGE OF ALLEGIANCE by by Jacob Jiron, 61h Grade
Student at Juliet Thorner Elementary School.
Mayor Hall recognized Ridgeview High School
students in attendance at the meeting.
ACTION TAKEN
APPROVED
AS HANSON
APPROVED
AS HANSON
Bakersfield, California, April 27, 2005 - Page 3
617
8.
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Potential Initiation
of Litigation: Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9
(One case).
b. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gary Willis v City, et al.
2. Eugene Jackson v City, et al.
3.
Bakersfield Firemen Labor Organization, et
al.
City Attorney Gennaro noted for the record, at the
March 9, 2005 meeting, in Closed Session Action,
Council authorized settlement in the claim of Lavida
Hammond.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming
May, 2005, as "Let No Mother Lose A
Child Month".
Ms. Sturdevant and Ms. Harris made comments.
Additionally Ms. King spoke on behalf of the Board
of Directors and invited Council to the organization's
community events.
b. Presentation by Mayor Hall of Proclamation to Don
Jaeger, President, Greater Bakersfield
Convention & Visitors Bureau.
Mr. Jaeger made comments.
City Clerk McCarthy announced Councilmember
Carson would be making a presentation
not on the agenda, to the Real Men and Ladies Inc.,
Youth Academy.
Councilmember Carson made the presentation and
acknowledged members of her staff, Jason Thomas
and Jennifer Williams.
ACTION TAKEN
NO REPORTABLE ACTION
NO REPORTABLE ACTION
A TTORNEY GIVEN
DIRECTION
618
Bakersfield, California, April 27, 2005 - Page 4
9.
PRESENTATIONS continued
Jason Thomas, event coordinator, made comments.
Additionally, the young people introduced
themselves.
10. PUBLIC STATEMENTS
a. Paul Rozell, Program Director of Protective Services
Kern County Department of Aging and Adult
Services, and Jim Maloff, Kern County Chief
Deputy Coroner spoke regarding elder abuse and
the issue of death review for the elderly as defined
by SB 1299.
b. Jennifer Randel, on behalf of the Sierra Club Buena
Vista Group, spoke regarding air quality and
provided handouts.
c. Pauline Larwood spoke regarding support for the
Valley Fever Vaccine Project. Additonally, she
provided handouts and introduced Mike Cooper,
Foundation President, Roger Mcintosh, Board
Member and Sandra Larson Communication
Coordinator.
Vice-Mayor Maggard requested the Budget and
Finance Committee review the feasIbility of provIding
research for valley fever funding.
11. APPOINTMENTS
a. Two (2) appointments to the Keep Bakersfield
Beautiful Committee, due to the expiration of
term of Sandra Garrigan (Ward 7) and the
resignation of Dana Karcher (Ward 2).
Motion by Councilmember Scrivner to appoint Cheryl
Graab. to be the Ward 7 representative to the Keep
Bakersfield Beautiful Committee.
Motion by Councilmember Benham to appoint Gregory
Gordon, to be the Ward 2 representative to the Keep
Bakersfield Beautiful Committee.
b. One (1) appointment to the Planning Commission
due to the expiration of term of Murray Tragish, term
expires April 30, 2005.
Motion by Vice-Mayor Maggard, on behalf of
Councilmember Hanson, to reappoint Mu"ay Traglsh
to the Planning Commission.
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ACTION TAKEN
APPROVED
AS HANSON
APPROVED
AB HANSON
APPROVED
AB HANSON
Bakersfield, California, April 27, 2005 - Page 5
619
12.
CONSENT CALENDAR continued
Minutes:
a. Approval of minutes of the April 6, 2005 Special
Council Meeting and April 13, 2005 Regular Council
Meeting.
Payments:
b. Approval of department payments from April 1, 2005
to April 14, 2005 in the amount of $7,115,723.49
and self insurance payments from April 1, 2005 to
April 14, 2005 in the amount of $309,252.79.
Ordinances:
c.
Adoption of Ordinance adding Section 16.16.110 to
the Municipal Code relating to approval of
development entitlement conditioned on
indemnification of City.
d.
Adoption of Ordinance adding Section 2.28.120 to
the Municipal Code relating to Planning Department
- general plan consistency findings.
e.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-30 from
M-2 (General Manufacturing) and M-1
(Light Manufacturing) to R-1 (One Family Dwelling)
on 32.7 acres and to R-1/PUD (One Family
Dwelling/Planned Unit Development) on 10 acres
located north of Berkshire Rd. generally east of
South H St. (GPNZC 04-1326) (Applicant: Porter-
Robertson Engineering, representing Marcus
Rudnick, LLC)
f.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-34 from C-
1 (Neighborhood Commercial) to R-1 (One-Family
Dwelling) zone on 13 acres located along the west
side of Renfro Rd., south of Johnson Rd. and
approximately 700 feet north of Stockdale Hwy.
(GPNZC 04-1336) (Applicant: Porter-Robertson
Engineering, representing Towery Homes)
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ACTION TAKEN
ORD 4247
ORD 4248
ORD 4249
ORD 4250
620
Bakersfield, California, April 27, 2005 - Page 6
12.
CONSENT CALENDAR continued
g.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-01 from NR-5
(Natural Resource-5 acre minimum) to an M-2
(General Manufacturing) zone on 22.5 acres located
north of Snow Rd., generally east of Allen Rd..
(ZC04-1343) (Applicant: Maurice Etchechury,
representing M&S Land Company and Shaffer &
Shaffer)
h.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-09 from M-2
(General Manufacturing) to R-2 (Limited Multiple
Family Dwelling) on 22 acres located at the
northeast corner of E. Planz and Cottonwood
Roads. (ZC04-1328) (Applicant: Jim Childress,
representing Tabitha House)
i.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-32 from C-2
(Regional Commercial) to R-1 (One Family
Dwelling) on two acres located south of Hosking
Ave., generally east of S. Union Ave. (ZC04-1347)
(Applicant: Smithtech USA, representing George L.
Spencer, Jr.)
j.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-13 from A-
20A (Agriculture-20 acre minimum) to R-1 (One-
Family Dwelling) on 13.64 acres and to C-1
(Neighborhood Commercial) on five acres located at
the northeast corner of Noriega and Old Farm
Roads. (ZC03-1345) (Applicant: Max Sacerra &
Associates, representing Rogelio Tolentino)
Resolutions:
k. Resolutions of Application proposing proceeding for
annexation of territory to the City identified as:
1.
Annexation No. 482 consisting of 72 acres of
uninhabited land located north and south of
Brimhall Road, west of Jenkins Road.
Annexation No. 484 consisting of 22.5 acres
of uninhabited land located north of Snow
Rd., generally east of Allen Road/Zerker Rd.
2.
ACTION TAKEN
ORD 4251
ORD 4252
ORD 4253
ORD 4254
RES 087-05
RES 088-05
Bakersfield, California, April 27, 2005 - Page 7
621
12.
CONSENT CALENDAR continued
I.
Resolution establishing new tow truck rates.
m.
Resolution confirming the approval by the Assistant
City Manager of the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City for which structures
have been secured against entry or for abatement
of certain weeds, debris and waste matter and
authorize collection of assessments by the Kern
County Tax Collector.
n.
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 04-3
(Solera/Rio Vista).
o.
Resolution determining that certain vibratory asphalt
steel drum roller and pneumatic tire roller cannot
reasonably obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with the formal bidding therefore, not to
exceed $198,000.00.
Agreements:
p. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6184 located north of Olive Drive east
of Jewetta Avenue.
2.
Final Map and Improvement Agreements
with Granite Pointe Estates, LLC, for Tract
6095 Phase 5 located north of Hosking
Avenue and east of Wible Road.
3.
Final Map and Improvement Agreements
with Froehlich Inc. for Tract 6121 Phase 2
located north of Brimhall Road and east of
Jenkins Road.
4.
Improvement Agreement with SJH One, LLC
and Wallace & Smith Contractors, Inc. for
Parcel Map 11112 located north of Hageman
Road and west of Coffee Road.
ACTION TAKEN
RES 089-05
RES 090-05
RES 091-05
RES 092-05
AGR 05-153
AGR 05-154
AGR 05-155
AGR 05-156
A6R 05-HJ7
AGR 05-158
622 Bakersfield, California, April 27, 2005 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
q. Kern Energy Watch Program:
1. Agreement with County of Kern, Pacific Gas AGR 05-159
and Electric Co., Southern California
Edison Co. and Southern California Gas
Company to deliver the Bakersfield and
Kern County Energy Watch Program.
2. Agreement with Pacific Gas and Electric Co. AGR 05-160
($285,000.00) for Municipal Building Retrofit
Program of the Kern Energy Watch
Partnership.
3. Accept $285,000.00 grant from Pacific Gas
and Electric for this project.
4. Appropriate $43,000.00 interest earnings
and transfer $204,805.00 from completed
projects to the Kern Energy Watch Municipal
Retrofit Capital Improvement Project
within the Capital Outlay Fund.
r. Sewer Line Construction:
1. Agreement with California State University- AGR 05-161
Bakersfield and Bakersfield University
Partners for construction of sewer line.
2. Easement for construction of sewer line at DEED 6214
Cal State Bakersfield from Stockdale
Highway to Kroll Way.
s. Grant Agreement with United States Environmental AGR 05-162
Protection Agency ($25,000.00) for a pilot program
using a dual collection refuse truck.
Bids:
t.
Accept bid to award annual contract to AC Materials
(not to exceed $750,000.00) for HUD funded street
materials (asphalt concrete) for the Streets Division.
AGR 05·163
u. Extend bid from Jim Burke Ford ($52,868.30) for
four (4) additional midsize sedans for the
Building Department.
v. Extend bid from Jim Burke Ford ($386,267.58) for
seventeen (17) additional Police Special Sedans for
the Police Department.
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Bakersfield, California, April 27, 2005 - Page 9
623
12.
CONSENT CALENDAR continued
Miscellaneous:
w. Transfer and appropriate $4,264,734.00 Vehicle
License Fee Receivable proceeds from the
General Fund to the Capital Improvement Budget
within the Capital Outlay Fund.
x. Transfer $45,000.00 savings from various capital
improvement projects to the Chester Avenue
between 241h Street and Garces Circle Project within
the Gas Tax Fund.
y. Consolidated Plan 2010 and Fiscal Year 2005-06
Action Plan.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.y.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
Public Hearing to consider Resolution establishing
sewer service user charges and fees for Fiscal Year
2005-06.
Public Works Director Rojas made staff comments.
Hearing opened at 7:21 p.m.
No one spoke.
Hearing closed at 7:22 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution.
b. Public Hearing to consider resolution denying the
appeal by the Sierra Club of the Planning
Commission's decision approving Vesting Tentative
Tract 6363 and the Negative Declaration, located
on the north side of Harris Road, approximately Yo
mile east of Old River Road. (Engineer: SmithTech
USA Inc/Subdivider: Lennar Homes)
Development Services Director Grady made staff
comments.
-'---"~
ACTION TAKEN
APPROVED
AB HANSON
RES 093-05
APPROVED
AS HANSON
624
Bakersfield, California, April 27, 2005 - Page 10
ACTION TAKEN
14.
HEARINGS continued
Item 14.b. continued
Hearing opened at 7:23 p.m.
No one spoke.
Motion by Vice-Mayor Maggard to continue the matter
to the May 11,2005 Council meeting.
c. Zone Change No. 04-1712; Dr. Gordon Nipp, on
behalf of the Sierra Club, has appealed the Planning
Commission's decision adopting the Negative
Declaration and approving Zone Change 04-1712
from an A (Agriculture) zone and an R-S 2.5A (Rural
Suburban - 2.5 minimum) to an R-1 (One Family
Dwelling) zone on 120,! acres generally located
north of Paladino Drive, east of Valley Lane.
1.
First Reading of Ordinance denying the
appeal, adopting the Negative Declaration
and approving Zone Change 04-1712 from
an A (Agriculture) zone and an R-S 2.5A
(Rural Suburban - 2.5 acre minimum) to an
R-1 (One Family Dwelling) zone on
120,! acres.
Development Services Director Grady made staff
comments.
Hearing opened at 7:29 p.m.
Harry Love, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Roger Mcintosh, on behalf of SIA and Moreland
Corporation, spoke in support of the staff
recommendation.
Harry Love, on behalf of the Sierra Club, in
opposition rebuttal to the staff recommendation.
Hearing closed at 7:40 p.m.
For the record, Vice-Mayor Maggard requested Mr.
McIntosh provide Development Services Director Grady
a copy of the letter addressing mitigation issues.
Mr. McIntosh agreed.
Motion by Vice-Mayor Maggard to give first reading to
the Ordinance with the additional mitigation as set forth
in the applicant's letter.
.._~._~-._.
APPROVED
AB HANSON
FR
APPROVED
AS HANSON
Bakersfield, California, April 27, 2005 - Page 11
625
15.
NEW BUSINESS
a. Sale of Surplus Real Property:
1.
Resolution declaring real property located
north of Panorama Drive and west of
Morning Drive surplus to the needs of the
City.
2.
Agreement with Stepping Stone Land
Development ($579,500.00) to purchase
property located north of Panorama Drive
and west of Morning Drive.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Maggard to approve the
Resolution and Agreement.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested Public Works staff
follow-up on a previous referral regarding the list
of streets designated for resurfacing in the first phase
and her request to add streets to the list.
Councilmember Couch congratulated Don Jeager.
Councilmember Couch requested a status report on the
Westside Parkway, particularly funding, possible
construction start dates, status of property acquisition
and status of property in the refinery area.
Councilmember Couch requested an update regarding
funding and development standards for ?'i' Standard
Rd. including arterials, collectors and intersections.
Councilmember Couch and Mayor Hall requested
information regarding traffic synchronization and
a tour of the traffic operations center.
Councilmember Couch requested staff investigate
implementing a grading system for restaurants in the
City.
Councilmember Couch requested the City Attorney, in
light of the recent County Ordinance adoption,
reassess the feasibility of implementation of a City
Ordinance regarding auto seizure as a penalty for
illegal dumping.
Council member Couch provided staff referrals.
~··_"··o_·~"_ .___
ACTION TAKEN
RES 095-05
AGR 05-164
DEED 6215
APPROVED
AB HANSON
626
Bakersfield, California, April 27, 2005 - Page 12
16.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch provided handouts for City
KernCOG meeting dates and requested appropriate
staff attend the meetings.
Councilmember Sullivan requested police provide more
patrol on Ming Avenue between Stine Rd. and New
Stine Rd. particularly on Saturday nights to reduce
speeding in the area.
Councilmember Sullivan made comments about the Great
American Clean-up.
Councilmember Sullivan requested weed abatement
near the old Zody's building on Ming and requested
staff prepare a letter to the property owner
attempting to enlist the owner's assistance in keeping
weeds under control.
Councilmember Scrivner requested a prior referral
regarding cost analysis landscape maintenance versus
graffiti removal costs be revised to address the way
in which bushes are trimmed.
Councilmember Carson requested staff provide
information regarding what constitutes surplus real
property and provide a cu~nt list of City owned
properties.
Councilmember Carson complimented the Great American
Clean-up.
Vice-Mayor Maggard requested staff coordinate with
schools regarding student attendance at Council
Meetings and the time the substantive Meeting takes
place.
Vice-Mayor Maggard requested staff provide a financial
analysis and feasibility study regarding purchase of
Recfflex cameras versus leasing the equipment to
determine the most cost effective utilization.
Vice-Mayor Maggard requested staff explore
prohibition of allowing registered sex offenders within
a prescribed distance of a schools, parks and
recreation facilities.
)
Bakersfield, California, April 27, 2005 - Page 13
16.
COUNCIL AND MAYOR STATEMENTS continued
Mayor Hall thanked everyone who participated in the Great
American Clean-Up. Additionally he provided information
regarding tree planting along Hwy. 99 on Saturday, April
30, 2005.
17. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:31 p.m.
ATTEST:
Û, (Y1LC '
CITY CLERK and Ex Officio
the Council of the City of Bake
627
ACTION TAKEN
628
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