HomeMy WebLinkAbout03/08/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 8, 2006
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,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3.
WORKSHOPS
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4.
CLOSED SESSION
a.
DELETED
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subsection (b)(3)(C) of Government Code Section
54956.9 regarding claim submitted by
Glenn Porter.
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subsection
(b)(1 )(A) of Government Code Section 54956.9.
(One case)
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
City v H.W. Lakeshore Pines Joint Venture (Cross).
DELETED
d.
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City Clerk McCarthy announced item 4.b. has been
deleted at the request of the City Attorney and item
4.d. has been deleted at the request of the City
Attorney and the City Manager.
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Bakersfield, California, March 8, 2006 - Page 2
4.
CLOSED SESSION continued
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:18 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:27 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Reverend Don Burton, The World of
Pentecost Church.
7. PLEDGE OF ALLEGIANCE by Baylee Corum, 1st Grade
Student at Patriot Elementary School.
Mayor Hall acknowledged students from Ridgeview
High School, Stockdale High School and Bakersfield
College in attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subsection (b)(3)(C) of Government Code Section
54956.9 regarding claim submitted by Glenn Porter.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subsection
(b)(1 )(A) of Government Code Section 54956.9.
(One case)
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding City v
H.W. Lakeshore Pines Joint Venture (Cross).
b.
c.
d.
ACTION TAKEN
APPROVED
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APPROVED
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NO REPORTABLE
ACTION
DELETED
NO REPORTABLE
ACTION
DELETED
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Bakersfield, California, March 8, 2006 - Page 3
9.
PRESENTATIONS
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a.
Presentation by City Manager Alan Tandy of Special
Recognition to Jim Foss, Executive Director of
Rabobank Arena, Theater & Convention Center.
Jim Foss, Executive Director of the Rabobank
Arena, Theater & Convention Center accepted the
presented plaque and made comments.
b. Presentation by Mayor Hall of Proclamation to
Richard Temple, Chief Executive Officer, Kern
Chapter of American Red Cross, proclaiming March,
2006, as "American Red Cross Month".
Richard Temple, Chief Executive Officer, Kern
Chapter of American Red Cross, accepted the
Proclamation and made comments.
c. Presentation by Mayor Hall of Proclamation to
Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 12-18,2006, as "Adult
Education Week".
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Susan D. Handy, Principal, Bakersfield Adult
School, accepted the Proclamation and made
comments.
10.
PUBLIC STATEMENTS
a. Bruce Freeman, President of Castle and Cooke,
spoke regarding the Federal Court House.
b. Robert Brennan, Danny Owens and Jerry White
spoke regarding a group home at 5809 Dorset Dr.
Councilmember Couch requested staff explore options
to assist residents in coexisting with the group home
and suggest possible changes in State legislation
governing group homes.
Vice-Mayor Maggard requested staff draft a letter for
signature by the Council of neighbors concerns
regarding safety and quality of life issues caused by
the group home located at 5809 Dorset Dr.
11. APPOINTMENTS
None.
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:~ 0 3
ACTION TAKEN
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Bakersfield, California, March 8, 2006 - Page 4
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 22, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from February 10,
2006 to February 24, 2006 in the amount of
$5,647,421.53 and self insurance payments from
February 10, 2006 to February 24, 2006 in the
amount of $290,461.90.
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Section 1.12.050 by adding Annexation No.
483, located south of Panama Lane, east and west
of Old River Road, to Ward 5.
d.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map No. 123-36) of the Municipal Code by changing
the zoning from A (Agriculture) to C-2 (Regional
Commercial) on 16.71 acres; located north of State
Highway 119 and west of State Highway 99. (ZC
05-0493) (Moreland Consulting representing East-
West Developers LLC)
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-07) of the Municipal Code by changing
the zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 40.:!:. acres and from A to R-2 (Limited
Multiple Family Dwelling) on 20.:!:. acres. (ZC 05-
0725) (Porter-Robertson Engineering representing
Kevin Pascoe et al)
e.
f.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 03-24) of the Municipal Code by changing
the zoning from R-1 (One Family Dwelling) to C-
2/PCD (Regional Commercial/Planned Commercial
Development) on 15.9.:!:. acres generally located at
the southwest corner of State Route 178 and
Morning Drive. (File #05-1381) (Mcintosh &
Associates representing Sterling Oaks East, LLC)
ACTION TAKEN
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Bakersfield, California, March 8, 2006 - Page 5 305:
12. CONSENT CALENDAR continued ACTION TAKEN
l g. First Reading of Ordinance approving a Negative FR
Declaration and amending Section 17.06.020 (Zone
Map NO.1 01-02) of the Municipal Code by changing
the zoning from A (Agriculture) to E (Estate) on 98+
acres net/1 01 + acres gross located at the northeast
corner of Snow Road and Jenkins Road. (ZC 05-
1685) (SmithTech/USA Inc. representing Brian
Rice Construction)
h. Adoption of Ordinance adding Chapter 13.10 to the ORD 4314
Municipal Code to establish certain procedures
respecting special tax districts.
i. Adoption of Ordinance approving a Negative ORD 4315
Declaration and amending Section 17.06.020
(Zone Map No. 124-20) of the Municipal Code
changing the zoning from A (Agricultural) to
R-1 (One Family Dwelling) on 108.88 acres and
from A to C-2 (Regional Commercial) on 1.56 acres
generally located at the northeast corner of South
Union Avenue and East Panama Lane. (Applicant:
Marino/Associates) (File No. 05-1507)
j. Adoption of Ordinance approving a Negative ORD 4316
L Declaration and amending Section 17.06.020
(Zone Map 123-07) of the Municipal Code changing
the zoning from R-1 (One Family Dwelling) to PUD
(Planned Unit Development) on 7.27 acres generally
located on the southeast corner of Ming Avenue and
Grand Lakes. (Applicant: Mcintosh &
Associates/Property Owner: Castle & Cooke) (File
05-1407)
k. Adoption of Ordinance approving a Negative ORD 4317
Declaration and amending Section 17.06.020
(Zone Map 102-06) of the Municipal Code changing
the zoning from A (Agriculture) to C-1
(Neighborhood Commercial) on 15.3.:t acres and
from A to R-2 (Limited Multiple Family
Dwelling) on 23.45.:t acres located at the southwest
corner of ih Standard Road and Calloway Drive.
(ZC 05-1165) (SmithTech USA, Inc. representing
Michel & Margaret Echeverry)
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306 Bakersfield, California, March 8, 2006 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
I. Adoption of Ordinance approving a Negative ORD 4318 j
Declaration and amending Section 17.06.020
(Zone Map 104-07) of the Municipal Code changing
the zoning from R-S-2.5A-HD (Rural Suburban 2.5
acres-Hillside Development) to R-1-HD (One Family
Dwelling-Hillside Development) on 16.08.:t. acres
and R-S-2.5A (Rural Suburban 2.5 acres) to R-1
(One Family Dwelling) on 17.26.:t. acres generally
located north of Paladino Drive, east and west of the
Morning Drive alignment. (ZC 05-0780) (DeWalt
Corporation/Gitsusan Reddy, et al/ Cascade
Financial)
m. Adoption of Ordinance amending Title 17 of the ORD4319
Municipal Code and amending Section 17.06.020
(Zone Map No. 104-19) from R-1 (One Family
Dwelling) to R-1/PUD (One Family Dwelling/Planned
Unit Development) on 574 acres generally bounded
by State Highway 178 on the north, Morning Drive to
the west, Vineland Road to the east and College
Avenue to the south for purposes of developing
single family residences. (ZC 05-1063)
(Applicant: S & J Alfalfa Companies)
n. Adoption of Ordinance approving a Negative ORD 4320 j
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-27 from A
(Agriculture) to R-1 (One Family Dwelling) on 85.60
acres located at the northeast corner of McCutchen
Road and Ashe Road. (GPA/ZC 04-1344) (Maurice
Etchechury representing Old River Land Company)
o.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-01 from E
(Estate) to R-1 (One Family Dwelling) on 21.11
acres, from E-1 A (Estate 1 du/acre) to R-1 on 11.45
acres, from A (Agriculture) to R-S (Residential
Suburban) on 19.69 acres, and from A to C-2
(Regional Commercial) on 4.39 acres located south
of Taft Highway, between Hughes Lane and Wible
Road. (GPA/ZC 05-0425) (Marino Associates
representing Hughes Partners, LLC, Joyce Anne
Weingarden, Emma Sandrini, Robert C. Allan and
Ada M. Allan Family Trust, John W. Weingarden,
Nancy Jane Weingarden)
ORD 4321
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Bakersfield, California, March 8, 2006 - Page 7 307-
12. CONSENT CALENDAR continued ACTION TAKEN
L p. Adoption of Ordinance approving a Negative ORD 4322
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-03 from R-
S-20A (Residential Suburban-20 acre minimum) to
R-1 (One Family Dwelling) on 31.2 acres located
west of Stine Road and south of Taft Highway, east
of Farmer's Canal. (GPA/ZC 05-0426) (The
Monarch Affiliates representing Paul Schallberger
and Mike Kerfoot)
q. Adoption of Ordinance approving a Negative ORD 4323
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-29 from A
(Agriculture) to R-1 (One Family Dwelling) on 22.32
acres located at the southwest corner of East
Berkshire Road and Madison Street. (GPA/ZC 05-
0926) (Jerry L. Hendricks representing Charles L.
Crowell)
r. Adoption of Ordinance approving a Negative ORD 4324
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 02-05 from A
(Agriculture) to R-1 (One Family Dwelling) on 80
L acres located north of Snow Road generally
between Coffee Road and Calloway Drive, south of
Etchart Road. (GPA/ZC 05-0931) (SmithTech/USA,
representing Oak Tree Development Co. Inc.)
s. Adoption of Ordinance approving a Negative ORD 4325
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-28 from A
(Agriculture) to R-1 (One Family Dwelling) on 52.56
acres and A to M-1 (Light Manufacturing) on 6.64
acres located north of McCutcheon Road and east
of Gosford Road. (GPA/ZC 05-0933)
(SmithTech/USA, Inc. representing Pascoe Family
Investments, LLC)
t. Adoption of Ordinance approving a Negative ORD 4326
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 02-06 from A
(Agriculture) to R-1 (One Family Dwelling) on
approximately 19.3 acres located at the southeast
corner of Etchart Road (future) and Jewetta Avenue
(future). (GPNZC 05-0936) (SmithTech/USA, Inc.
representing Ralph B. Simons)
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30 p Bakersfield, California, March 8, 2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
u. Adoption of Ordinance approving a Negative ORD 4327 j
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 02-06 from A
(Agriculture) to R-1 (One Family Dwelling) on
approximately 18.7 acres located on the east side of
Jewetta Avenue (future) approximately 660 feet
south of Etchart Drive (future). (GPAlZC 05-0937)
(SmithTech/USA, Inc. representing Martin
Etcheverry)
ORD 4328
v. Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-32 from A
(Agriculture) to R-1 (One Family Dwelling) on 80
acres located west of Gosford Road, generally
between McCutchen Road and Taft Highway.
(GPAlZC 05-0938) (SmithTech/USA, Inc.
representing Nelson Robert D. & Darin C.
Revocable Trust
Adoption of Ordinance approving a Negative ORD 4329
w.
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 04-20 from R-
S-2.5A (Residential Suburban 2.5 acres J
minimum lot size) to R-1 (One Family Dwelling) on
40.24 acres located on the north side of
Kern Canyon Road (State Highway 184),
approximately 2,000 feet southwest of the Kern
Canyon Road/State Highway 178 intersection.
(GPAlZC 05-1437) (Porter-Robertson
Engineering & Surveying representing Marion &
Shirley Collins Family Limited Partnership)
Adoption of Ordinance approving the appeal and REMOVED FOR
x. SEPARATE
Negative Declaration and amending Title CONSIDER A TION
17 of the Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential
Suburban) and OS (Open Space) to R-1 (One
Family Dwelling) on approximately 110 acres
generally located at the southeast corner of
Cottonwood Road and Casa Lorna Drive.
(GPAlZC 05-0410) (Pinnacle Engineering
representing Tim Denari of BVGG, LLC)
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Bakersfield, California, March 8, 2006 - Page 9 30 9"
12. CONSENT CALENDAR continued ACTION TAKEN
l y. Adoption of Ordinance amending Title 17 of the ORD 4331
Municipal Code and Zoning Map No. 123-34
from A (Agriculture) to R-1 (One Family Dwelling) on
117.13 acres and from A to R-2 (Limited Multiple
Family Dwelling) on 12.94 acres, and Zoning Map
No. 142-03 from R-S- 20A (Residential Suburban,
20 acre minimum lot size) to R-2 on 56.59 acres
located north and south of Taft Highway (State
Route 119) between Ashe Road on the west and
Mountain Ridge Road (future) on the east.
(GPNZC 04-1746) (Centex Homes/Mcintosh &
Associates representing Hershel & Clarissa Moore
Living Trust)
z. Adoption of Ordinance approving a Negative ORD 4332
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No.1 01-01 from A
(Agriculture) to M-1 (Light Manufacturing), M-2
(General Manufacturing) and E/PE (Estate One
Family Dwelling/Petroleum Extraction Combining
District) on approximately 140 acres located at the
southeast corner of ih Standard Road and the
planned Allen Road alignment (future).
l (GPNZC 05-0844) (Pacific Engineering
representing M & S Land Company, LLC)
Resolutions:
aa. Resolution confirming the approval by Assistant City RES 059-06
Manager of Chief Code Enforcement
Officer's Report 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.
bb. Resolution approving the submittal of an application RES 060-06
to the California Integrated Waste Management
Board for the Waste Tire Cleanup Grant
($76,416.00) for a one year period, 2006-07.
cc. Resolution authorizing access to sales and use tax RES 061-06
records pursuant to Revenue and Taxation Code
Section 7056.
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12.
Bakersfield, California, March 8, 2006 - Page 10
CONSENT CALENDAR continued
ACTION TAKEN
dd.
Resolutions of Application proposing proceedings
for annexation of territory to the City property
identified as:
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1.
Annexation No. 500 consisting of 80.65
acres of uninhabited land located south of
Panama Lane, west of Old River Road.
Annexation No. 508 consisting of 43.39
acres of uninhabited land located at the
southeast corner of McCutchen Road and
Ashe Road.
RES 062-06
2.
RES 063-06
ee. Resolution of Application proposing proceedings for RES 064-06
annexation of uninhabited territory to the City
property identified as Annexation No. 468 located
generally north and south of McCutchen Road, east
and west of Progress Road.
ff. Resolution of Application proposing proceedings for RES 065-06
annexation of uninhabited territory to the City
property identified as Annexation No. 501 located
generally north of Snow Road, west of Friant-Kern
Canal, east of Allen Road. j
gg. Reclassification, changes to salary schedule, title
change and revised job specification:
1. Reclassification of Accounting Clerk II
(Wastewater Division) position to Revenue
Program Aide position.
2. Amendment NO.1 to Resolution No. 049-06 RES 049-06(1)
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Trades Maintenance
Worker.
3. Revised Job Specification for Maintenance
Craftworker I.
4. Title Change and Revised Job Specification
for Trades Assistant to Trades Maintenance
Worker.
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Bakersfield, California, March 8, 2006 - Page 11 311"
12. CONSENT CALENDAR continued ACTION TAKEN
L hh. Amendment No. 18 to Resolution No. 122-01 RES 122-01(18)
approving Memorandum of Understanding for
employees of the General Supervisory, Police
Supervisory and Management Units; and,
adopting salary schedule and related benefits for
Economic Development Director.
ii. Resolution adding territory, Area 4-45 RES 066-06
(Valley/Paladino NE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
jj. Resolution adding territory, Area 4-46 (Kern RES 067-06
Canyon/Chase N) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
kk. Resolution adding territory, Area 5-21 (South RES 068-06
H/Hosking SE 2) to the Consolidated
l Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
II. Resolution adding territory, Area 5-22 RES 069-06
(CottonwoodlWatts SE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
mm. Resolution adding territory, Area 5-23 (S RES 070-06
Union/Hosking SE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
nn. Resolution of Intention No. 1403 to add territory, ROt 1403
Area 3-40 (Berkshire/99 W) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
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Bakersfield, California, March 8, 2006 - Page 12
12.
CONSENT CALENDAR continued
ACTION TAKEN
00.
Resolution of Intention No. 1437 to add territory,
Area 3-46 (Panama/Mountain Ridge SE) to
the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report.
RO/1437
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pp. Resolution of Intention No. 1438 to add territory,
Area 4-49 (Donaldo/Casa Club SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1438
qq.
Resolution of Intention No. 1439 to add territory,
Area 4-50 (3rdN NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
RO/1439
rr. Resolution of Intention No. 1440 to add territory, RO/1440
Area 4-51 (Valley/Paladino NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1435 to establish Traffic RO/1435 J
ss.
Signal Maintenance District TS-13 (Panama and
Stine Shopping Center) preliminarily adopting,
confirming and approving Public Works Director's
Report.
tt. Resolution of Intention No. 1441 to add territory, RO/1441
Area 1-65 (Real/Chester NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
uu. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with A GR 06-061
McMillan Albany, LLC for Tract 6169
Unit 3 located west of Progress Road and
north of Panama Lane.
2. Final Map and Improvement Agreement with
Bakersfield Panorama, LP for Tract
6193 Phase 2 located east of Kern Canyon j
Road and south of Mesa Marin Drive.
Bakersfield, California, March 8, 2006 - Page 13 313
12. CONSENT CALENDAR continued ACTION TAKEN
l vv. Storm Drain Improvements on 38th Street between
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Q Street and San Dimas Street:
1. Reimbursement Agreement with Columbo AGR 06-064
Construction (not to exceed $80,000.00)
for project.
2. Appropriate $80,000.00 Sewer Enterprise
Fund balance to the Capital Improvement
Budget (Wastewater Treatment Plant #2)
ww. Agreement with Cenval L.P. ($1,033,000.00) to AGR 06-065
purchase real property located north of DEED 6391
Stockdale Highway and east of Rider Road
(extended) for the Westside Parkway.
yy. Subordination Agreement/Consent to Grant of AGR 06-066
Easement/Common Use Agreement with Kern
Delta Water District for canal crossing of Panama
Lane between Buena Vista Road and Allen Road.
ZZ. Amendment NO.1 to Agreement No. 05-065 with AGR 05-065(1)
San Joaquin Fence and Supply ($150,000.00,
L revised not to exceed $300,000.00 and extending
term for one (1) year) for fencing.
aaa. Amendment No.1 to Agreement No. 01-346 with AGR 01-346(1)
AmeriPride Uniform Services (extending term for six
(6) months) for uniform services.
bbb. Amendment NO.2 to Agreement No. 04-136 with AGR 04-136(2)
Kern Turf Supply ($35,000.00 for a revised
not to exceed $165,000.00) for irrigation parts and
supplies.
ccc. Amendment NO.1 to Agreement No. 06-048 with A GR 06-048(1)
McKee Electric ($40,500.00 for a revised not to
exceed $80,100.00) for voice and date wiring for the
fourth floor of the Borton Petrini Building. (Thomas
Roads)
Bids:
ddd. Accept bid and award contract to Griffith Company AGR 06-067
($1,922,739.00) to construct Streetscape
Improvements on Chester Avenue from 24th Street
to Garces Circle.
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314 Bakersfield, California, March 8, 2006 - Page 14
12. CONSENT CALENDAR continued ACTION TAKEN
eee. Accept bid from California Electric Supply j
($173,686.76) for decorative street lamps for the
Chester Avenue Streetscape project.
fff. Construction of Parking Garage Gate Automation
located at 1600 18th Street:
AGR 06-068
1. Accept bid and award contract to DMC
Diagnostics and Engineering, Inc.
($88,400.00) for project.
2. Appropriate $95,000.00 Offstreet Parking
Fund balance to the Capital Improvement
Budget.
Accept bid to award contract to Loop Electric Inc. AGR 06-069
ggg.
($153,457.75) for the installation of conduit/wire for
streetlights on 18th and 19th Streets from Union
Avenue to Baker Street.
hhh. Accept bid from Quinn Company ($208,217.29) for
one (1) additional articulated four-wheel
drive loader.
ii i. Accept bid from Garvey Equipment ($35,172.63) for j
one (1) additional brush chipper.
jjj. Accept bid from Jim Burke Ford ($230,285.75) for
two (2) additional aerial lift trucks.
kkk. Accept bid from South Kern Machinery ($43,715.76)
for one (1) additional rotary mower for the
Recreation and Parks Department.
Miscellaneous:
III. Appropriate $131,000.00 from available fund NS MAGGARD
balance from the Old Town Kern-Pioneer
Project Area Operating Fund to the Redevelopment
Capital Improvement Budget for property
acquisition - 1006 and 1014 Baker Street - Baker
Street Village.
mmm. Appropriate $325,258.00 Southeast Project Area REMOVED FOR
Housing Funds to the Capital Improvement SEPARATE
Budget for the acquisition of eleven tax default CONSIDER A TION
properties located in the Southeast
Redevelopment Project Area. j
Bakersfield, California, March 8, 2006 - Page 15 310
12. CONSENT CALENDAR continued ACTION TAKEN
l nnn. Report from the Planning Commission regarding
request for direction on increased public
noticing for development projects requiring hearings.
City Clerk McCarthy announced item 12.cc. should
read: "Pursuant to revenue taxation code section
7056".
Motion by Vice-Mayor Maggard to remove items 12.a. APPROVED
through 12.nnn. with the removal of item 12.x. and NS MAGGARD ITEM
12.mmm. for separate consideration and correction to 12.11I.
item 12.c.
x. Adoption of Ordinance approving the appeal and ORD 4330
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential
Suburban) and OS (Open Space) to R-1 (One
Family Dwelling) on approximately 110 acres
generally located at the southeast corner of
Cottonwood Road and Casa Lorna Drive.
(GPAlZC 05-0410) (Pinnacle Engineering
representing Tim Oenari of BVGG, LLC)
l Motion by Councilmember Carson to approve item 12.x. APPROVED
mmm. Appropriate $325,258.00 Southeast Project Area
Housing Funds to the Capital Improvement
Budget for the acquisition of eleven tax default
properties located in the Southeast
Redevelopment Project Area.
Motion by Councilmember Carson to approve item APPROVED
12.mmm.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering the RES 071-06
vacation of 20 foot wide alley between Eye Street
and Chester Avenue, from 2ih Street to 28th Street.
b. Public Hearing to consider Resolution ordering the REMOVED FOR
vacation of 22nd Street between V Street SEPARATE
and Golden State Highway. CONSIDERA TION
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Bakersfield, California, March 8, 2006 - Page 16
12.
CONSENT CALENDAR HEARINGS continued
c.
Public Hearing to consider Resolution approving a
Negative Declaration and application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 481
consisting of 98.6 net acres located south of
Panama Lane to Berkshire Road generally east of
South Union Avenue.
Hearings opened at 7:41 p.m.
At the request of Inocnsio Madera Item 13.b. was
removed for consideration after item 14.b.
Hearings closed at 7:45 p.m.
Motion by Vice-Maggard to approved items 13.a. and
13.c.
14. HEARINGS
a.
Public Hearing to consider appeal by Porter-
Robertson Engineering, representing A & E
Union, of Planning Commission's decision denying
approval of Vesting Tentative Tract 6433.
(Applicant/Appellant: Porter-Robertson Engineering)
1. Resolution overturning the decision of the
Planning Commission, approving the
appeal, adopting the Negative Declaration
and approving Vesting Tentative Tract
6433 generally located on the north and
south sides of Casa Club Drive within the
Rio Bravo Country Club area.
ACTION TAKEN
RES 072-06
APPROVED
RES 073-06
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14.
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Bakersfield, California, March 8, 2006 - Page 17
HEARINGS continued
Planning Director Movius made staff comments,
presented visuals and read the following conditions
into the record:
. A & E shall initiate and pay all fees and costs
for a general plan amendment and a zone
change (A & E proposes June or September,
2006 schedule) to designate as Open Space
both the Rio Bravo Country Club Golf
Course and the property on which the
Hacienda ReseNoir is located (the
"Designated Properties"). If the change to
Open Space is not approved or is subject to
conditions that are not acceptable to A & E,
or suit is filed to stop approval, processing,
or development of Tentative Tract 6433 or
the proposed change of land use designation
for the Designated Properties to Open
Space, or A & E determines it is or will be
unable to develop Tentative Tract 6433, A &
E may withdraw any application to change
the land use designation for the Designated
Property.
. The final map for Tract 6433 may not be
recorded and construction of the 22 lots
proposed by Tentative Tract Map 6433 may
not begin until the Designated Properties are
re-zoned to Open Space as described in
paragraph one. However, A & E may take
all action necessary to process and prepare
for approval and recording a final map for
Tract 6433 including submitting plans to the
City of Bakersfield for plan check and
approval.
. Prior to recordation of Tract Map 6433, A &
E shall complete golf course modifications to
Hole NO.9 so that play is not disrupted.
Development of the lots will incorporate an
undeveloped area into the golf course and
move the 9th hole tee boxes slightly away
from Casa Club Drive and incorporate a
portion of the golf course into the
development. )
3.1 7
ACTION TAKEN
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Bakersfield, California, March 8, 2006 - Page 18
14.
HEARINGS continued
ACTION TAKEN
. A & E will incorporate a common landscape
theme into the requirements for the
construction of homes I Tract 6433 along the
approximate ten foot frontage of the lots that
will convey the impression of an entrance to
the Rio Bravo Golf Course. The landscape
requirement will be determined by A & E in
consultation with its consultants and
designers and will not be subject to approval
by any third party.
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Hearing opened at 7:52 p.m.
Jim Worth, McMurtery, Hartsock and Worth,
on behalf of all eight of the Homeowners
Associations within the Rio Bravo Country
Club, and Richard Monje, on Behalf of A &
E, spoke in support of the staff
recommendation.
Hearing closed at 7:57 p.m.
Vice-Mayor Maggard reiterated the conditions read into
the record by Planning Director Movius must be met.
Motion by Vice-Mayor Maggard to approve the
Resolution overturning the decision of the Planning
Commission, approving the appeal, approving the
Negative Declaration and approving Vesting Tentative
Tract 6433 with conditions read into the record by
Planning Director Movius.
APPROVED
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b. Public Hearing to consider Fireworks Regulations,
Fireworks Fees, Recreation & Parks Fees:
1.
Adoption of Ordinance amending Chapter
8.44 of the Municipal Code relating to
fireworks.
ORD 4333
2.
Adoption of Ordinance amending Sections
15.64.036, 15.64.350 and 15.64.480
of the Municipal Code relating to
miscellaneous regulations of the Uniform
Fire Code.
pRD 4334
3.
Resolution adopting fees pursuant to the
cost recovery program. (Fireworks booth
inspection fees and Recreation & Parks
fees)
RES 074-06
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Bakersfield, California, March 8, 2006 - Page 19
14. HEARINGS continued ACTION TAKEN
Item 14.b. continued
L Hearing opened at 8:12 p.m.
Loreda Clevenger spoke in opposition to the staff
recommendation.
Hearing closed at 8: 15 p.m.
Vice-Mayor Maggard requested staff provide a report to
the Budget and Finance Committee after July 4th, with
an accounting of the fees collected, how they were
used, enforcement actions and fines resulting from
enforcement actions.
Motion by Councilmember Scrivner to adopt the APPROVED
Ordinances and Resolution with the proposed changes
included.
Recess taken from 8:23 p.m. to 8:33 p.m.
c. Public Hearing to consider Resolution ordering the
vacation of 22nd Street between V Street RES 075-06
and Golden State Highway.
l Mayor Hall announced testimony would be taken for
the item previously opened at 7:41 p.m. and
continued to the present time.
Inocnsio Madera, Jose Morales and Viviente
Vialpando spoke in opposition to the staff
recommendation.
Don Banks and Richard Compton spoke in favor of
the staff recommendation.
Inocnsio Madera spoke in rebuttal opposition to the
staff recommendation.
Don Sanks spoke in rebuttal support of the staff
recommendation.
Hearing closed at 8:49 p.m.
Motion by Councilmember Benham to approve the APPROVED
Resolution.
15. REPORTS
l None.
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_ ____ __.._______.__ __._. ___ ___~__~_._ _._______~__...._m_..._______._____ _ _.~___.. ___ _ _______...__". .----.-------.------. ....--.- - -- .-~~--.-. ---.--- -------....-..--.------.-------------~
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Bakersfield, California, March 8, 2006 - Page 20
16.
DEFERRED BUSINESS
None.
17.
NEW BUSINESS
a. Emergency Pump Station Construction at
Wastewater Treatment Plant No.3:
Resolution dispensing with bidding
procedures for construction of a permanent
pump station for Wastewater Treatment
Plant No.3 due to imminent threat to public
health, safety and welfare, not to exceed
$8,000,000.00.
2. Appropriate $5,000,000.00 Sewer Fund
balance and appropriate and transfer
$3,000,000.00 additional sewer connection
fee revenues to the Capital Improvement
budget within the Sewer Enterprise Fund.
1.
Assistant Public Works Director Jacque LaRochelle
made staff comments and gave a computer
overview.
Vice-Mayor Maggard requested staff explore all options
of non-traditional ways, as well as design build, to
secure construction contracts and the feasibility of
dispensing with traditional bidding procedures and
bring back a report to the Budget and Finance
Committee.
Motion by Councilmember Sullivan to adopt the
Resolution and appropriate funds.
18. MAYOR AND COUNCIL STATEMENTS
Council member Scrivner requested staff respond to Mr.
Evensen regarding a recurring problem with a dump
truck parking on the south side of Harris Road and
provided contact information.
Councilmember Benham requested staff abate graffiti
on the bike path underpass under Hwy. 99 next to
Beach Park.
Council member Benham requested staff review the
feasibility of increasing Code Enforcement staffing
during the present budget process.
ACTION TAKEN
RES 076-06
APPROVED
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Bakersfield, California, March 8, 2006 - Page 21
MAYOR AND COUNCIL STATEMENTS continued
Council member Benham announced the California
Partnership for the San Joaquin Valley will hold their initial
meeting tomorrow in Bakersfield at 9:30 a.m. at the
University Square Building at 2151 and K Streets and public
participation is invited.
Council member Benham congratulated Police Sergeant
Joe Grubb who has been awarded the 2005-2006
California State Juvenile Officers Service Award for his
exemplary contribution in the area of delinquency
prevention.
Councilmember Hanson requested staff respond to an
email regarding a youth softball facility.
Council member Hanson requested staff contact Mr.
Pelz concerns regarding shopping carts and provided
contact information.
Council member Hanson made comments regarding
hockey.
Councilmember Sullivan expressed support for
increasing Code Enforcement staff; suggested staffing
be increased by at least four more staff and a
supervisor and Code Enforcement be reimbursed if
they handle an issue for another department.
Councilmember Sullivan announced she will be absent at
the March 22 meeting.
Councilmember Sullivan requested the declaration she
signed denying knowledge of negative ads against other
Councilmembers at the last meeting be returned to her.
Councilmember Couch requested information regarding the
Valley Water Alliance. City Manager Tandy responded.
Councilmember Couch agreed to return signed declarations
to Councilmembers Sullivan and Carson.
Vice-Mayor Maggard requested Chief Rector introduce the
officer who translated during the meeting. Chief Rector
introduced Officer Herrera.
Vice-Mayor Maggard requested staff address the
serious graffiti problem at Siemon Park and provided
photographs.
32-1
ACTION TAKEN
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Bakersfield, California, March 8, 2006 - Page 22
18.
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Maggard requested staff support citizens
working to alleviate graffiti.
Vice-Mayor Maggard requested staff respond to a prior
request to provide information regarding graffiti
abatement sweeps.
Vice-Mayor Maggard requested an update regarding
staffing in Planning and Public Works.
Vice-Mayor Maggard requested staff contact Mr.
Brennan regarding the group home in question and
initiate proceedings with the State as soon as possible.
Vice-Mayor Maggard made comments regarding rezoning
at the Rio Bravo Golf Course.
Vice-Mayor Maggard requested the Mayor adjourn the
meeting in memory of Army Specialist Clay Farr and Marine
Corporal Adam Zanutto killed in the line of duty in Iraq.
Council member Carson requested information regarding
development fees. City Manager Tandy responded.
Council member Carson made comments regarding graffiti.
Councilmember Carson requested staff explore uses of
vacant space at Martin Luther King Jr. Park and report
back to Council.
19 . ADJOURNMENT
Mayor Hall adjourned the meeting at 9:45 p.m.
ATTEST:
MAYOR of the City of Bakersfield, C
CITY CLERK and Ex Officio CI
the Council of the City of Bakersfi
ACTION TAKEN
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