Loading...
HomeMy WebLinkAbout03/08/06 CC MINUTES 301 l 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 l 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. l 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. I --"-_._---~--~_._-~._.__.~.__.~-------_.._~---,_.-..........-~._-~_._,-~_.~~._~_..._-_._-_._~-~~-_._-~~._~--_."._--_.~---_.~~-~~ 302 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 j APPROVED j NO REPORTABLE ACTION DELETED NO REPORTABLE ACTION DELETED J Bakersfield, California, March 8, 2006 - Page 3 9. PRESENTATIONS l 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". l 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. l :~ 0 3 ACTION TAKEN ~-_.._--~~-_....._----_.__._~~-~._-_. ._---~...--'--- .._--~-_..~----_.- ------------' 304 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 j FR FR j FR FR j 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) l 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 j 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) l 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) j 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. l __....~_____,_.___._______. .~_ .____ ____.~..___._____...___".__.___ ____. ,_~___~.___..___~_.._.__~_.. ~___~_____.____._~____.._____..~____._._____. _____.._.......... _______~__,_.__.___ ____ _____...J 310 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: J 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. j 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. l , ~--- .__...__.~--~.._-_._. ------ ~--_._--_..- --~_._-- ~~--- --- -_._----_.~---_._.- ._.. ~~----_.~---_._-----_._~~----.._-~.__._._-_.._-------~ ._,-,--~--_.---' 312 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 j 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 ! 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. L ______d__m__ ,_________~ _____,_ _______,_____________ __ ___~___,_,_ __________'____ n_ ___n'_ _ __ ___ ________ ---1 314 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 l 3lh 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 J j J 14. L l l 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 , _ _ ~__~.._..__.._~_..~-J 318. 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. J 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 J 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 j 31 9 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. L_ _ ____ __.._______.__ __._. ___ ___~__~_._ _._______~__...._m_..._______._____ _ _.~___.. ___ _ _______...__". .----.-------.------. ....--.- - -- .-~~--.-. ---.--- -------....-..--.------.-------------~ 320 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 J j j 18. l l l 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 322 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 j J j