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HomeMy WebLinkAbout04/25/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 25, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pro-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. lO1 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan None ACTION TAKEN 2. WORKSHOP Status of the Station Siting Study for High Speed Rail. Jack LaRochelle, Interim Public Works Director introduced Dale Hawley, Kern Transportation Foundation, who gave a presentation and provided written material. Salvaggio directed staff prepare a letter of support to the Rail Authority and requested staff attend the scoping meeting. Status of the Bakersfield Systems Study currently being developed by URS Greiner Woodward Clyde, a Division of URS Corporation and comments by Westchester Citizens. Jack LaRochelle, Interim Public Works Director introduced Jeff Chapman, URS Corp. who gave a presentation and provided written material. Motion by Salvaggio to recess to Closed Session at 5:46 p.m. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9. Four (4) potential cases. APPROVED 102 Bakersfield, California, April 25, 2001 - Page 2 3. CLOSED SESSION continued Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Subdivision (a) of Government Code Section 54947. Motion by Salvaggio to adjourn from Closed Session at 6:57 p.m. REGULAR MEETING INVOCATION by Rev. Paul Toliver, St. John Baptist Church PLEDGE OF ALLEGIANCE by Renee Taylor, Student Body President at Ollivers Middle School 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan Absent: None 4. CLOSED SESSION ACTION Mayor Hall announced there was no action taken on Closed Session Item a.; Item b. City attorney evaluation has been concluded. 5. PRESENTATIONS Mayor Hall presented a Proclamation to Jamie Thornberry, President of the local chapter of the Freedoms Foundation, proclaiming April 25, 2001 as "Freedoms Foundation Day". Jenny Hollands, Ridgeview High School and Ray Crosby, Highland High School shared their Freedoms Foundation experiences. Mayor Hall presented a Proclamation to Bruce M. Biggar, President of the American Institute of Architects Golden Empire Chapter, proclaiming April 22-28, 2001 as "Architecture Week". Mr. Biggar accepted the proclamation and submitted written material. Mayor Hall presented a Proclamation to Rhonda Smiley, of the Public Employees Roundtable of Kern, proclaiming May 5-7, 2001 as ~Public Employees Recognition Week". ACTION TAKEN EVALUATION COMPLETED APPROVED Bakersfield, California, April 25, 2001 - Page 3 PRESENTATIONS continued d. Mayor Hall presented Certificates of Recognition to the graduates of the Girls After School Academy. ACTION TAKEN PUBLIC STATEMENTS The following individuals from the Mayor's Youth Advisory Council spoke regarding the issues of importance to youth in the community: Jon Eric Schmidt, Bakersfield Christian H.S.; Joseph Klm, South High School; and Sara Swartz, East Bakersfield High School. Jim Foss, introduced new General Manager of Bakersfield Blitz Arena Football team, Bred Hoffman, who provided hats and shirts to the Council. Burton EIlison spoke regarding the Bakersfield Freeway Systems Study. Benham requested staff provide a letter opposing the Westpark alignment and include the previous resolution to Kern COG. Carson requested the letter also be sent to Cai Trans. James Tyson, Ebony Counseling Center Youth Progrems, spoke regarding youth progrems and requested a Proclamation declaring the week of May 7-11, 2001 as "Male Responsibility and Girl Power Week". Carson recognized members of the Youth Program. DeVictor Mason, spoke regarding Kern County Public Access TV. Wade Tavorn spoke regarding Bakersfield Little League. The following individuals spoke regarding annexation: Becky Kaiser; Barbare Fowler; and Barbara Fields. h. Bob Sherry spoke regarding Palm Olive Annexation. 104 Bakersfield, California, April 25, 2001 - Page 4 APPOINTMENTS Tree Advisory Ad Hoc Committee Appointment Recommendations. Motion by Salvaggio to appoint Ralph Adame, ASIA, Landscape Architect and Judy Miller, Real Estate Agent for appointment to the Metropolitan Bakersfield Tree Advisory Ad Hoc Committee. Two appointments by Wards 3 & 5, to the Planning Commission, terms expired April 17, 2001. Motion by Maggard to appoint David S. Gay, Ward 3, to the Planning Commission, term expiring April f7, 2005. Motion by Hanson to appoint Stephen Wages, Ward 5, to the Planning Commission, term expiring April ~7, 2005. One appointment to the Bakersfield Redevelopment Agency, term expired April 22, 2001. Mayor Hall requested reappointment of Gil Anthony. Motion by Salvaggio to confirm Mayor's appointment of Gil Anthony to the Bakersfield Redevelopment Agency, term expiring, April 22, 2005. Two appointments to the Historic Preservation Commission, terms expired March 30, 2001. Motion by Carson to reappoint Ann Sullivan to the Historic Preservation Commission, term expiring March 30, 2005. Mayor Hall requested appointment of Anthony Noce. Motion by Salvaggio to confirm Mayor's appointment of Anthony Noce to the Historic Preservation Commission, term expiring March 30, 200. ACTION TAKEN APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED Bakersfield, California, April 25, 2001 - Page 5 '~ ~ -~ CONSENT CALENDAR Minutes: a. April 11, 2001 Council Meeting. Payments: Payments from March 30, to April 12, 2001 in the amount of $5,990,405.32; and Self Insurance payments from March 30, to April 12, 2001 in the amount of $62,485.54. Ordinances: Amendment No. 2 to Contract No. 97-39 with the Public Employees' Retirement System (PERS) Ordinance authorizing an Amendment to the Contract with the Board of Administration of the Public Employees' Retirement System to provide Section 21362.2 (3% @ 50 Full Formula) for local fire members only. (First reading 3/28/01) Agreement with the Public Employees' Retirement System (PERS) to provide Section 21362.2 (3% @ 50 Full) to local fire members. Referral of a proposed amendment to the text of the zoning Ordinance regarding landscaping standards (Chapter 17.61) from the Urban Development Committee to the Planning Commission. Resolutions: Resolution of Intention No. 1237 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 28 (California & R). (Wards 1,2) Resolution of Intention No. 1239 adding territory, Area 1-22 (Commerce, Truxtun) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) ACTION TAKEN ORD 4003 AGR 97-39(2) REMOVED FOR SEPARATE CONSIDERATION ROI 1237 ROI 1239 Bakersfield, California, April 25, 2001 - Page 6 CONSENT CALENDAR continued Assessment District No. 01-1, (Ming at Allen/Mountain Vista Drive/Hampton Place).(Ward 4) Resolution preliminarily approving Engineer's Report, setting date for public hearing of protests. Resolution approving form and substance of Acquisition and Disclosure Agreements and authorizing changes thereto and execution thereof. ACTION TAKEN RES 050-01 RES 051-01 AGR 01-098 AGR 01-099 AGR 01-I00 Resolution appropriating $20,211 (Asset Forfeiture Funds) to the Police Department Operating Budget in the General Fund for the purchase of two police service dogs, their training, necessary kennel facilities, and equipment. Award Contract to Dog Training Center of California, Inc., in the amount of $17,811 for the purchase of two police dogs and training. Change to Salary Schedule, Revised Job Specification and Title Change: Amendment No. 10 to Resolution No. 66- 99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Solid Waste Equipment Operator. Revised Job Specifications: Sanitation Worker Ill. Title Change: Sanitation Worker III to Solid Waste Equipment Operator. Agreements: Tract Maps/Improvement Agreements: Improvement Agreement with Imperial Industrial Group, LTD for Parcel Map 10719, located south of White Lane, west of Mexicali Drive. (Ward 6) RES 052-01 CON 01-I01 RES 66-99(10) AGR 01-102 Bakersfield, California, April 25, 2001 - Page 7 CONSENT CALENDAR continued Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5882, Phase 4B, located south of Brimhall Road, east of Old Farm Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5882, Phase 5B, located south of Brimhall Road, east of Old Farm Road. (Ward 4) Final Map and Improvement Agreements with Communities At River Oak, LLC for Tract 5957, Unit 2, located north of River Run Boulevard, east of Buena Vista Road. Agreement with Mogavero Notestine Association for conducting the Downtown Charrette, not to exceed $50,000. (Ward 2) Agreement with Bakersfield Little League, a tax exempt, nonprofit educational organization, to purchase one surplus riding mower from the City for $1.00. Bids: Award Contract to Don Kinzel Construction, $36,559 for Dr. Martin Luther King, Jr. Center Exterior Restoration Project. (Ward 1) Accept bid to award contract for Base Bid only to Shawn Davis Backhoe Construction in the amount of $40,403.50 for the Wible Road Storm Drain Improvements - Planz Road to State Route 99 bridge crossing. (Ward 6) Accept bid from R & M Enterprises, Inc., $32,891.80 for ten Panasonic computers. Miscellaneous: Approval of the FY 2001/02 Annual Action Plan of the Consolidated Plan 2005 (CDBG, HOME, and ESG). Motion by Salvaggio to adopt Consent Calendar Items a. through p. with separate consideration of Item d. ACTION TAKEN AGR 01-103 AGR 01-104 AGR 01-105 AGR 01-106 AGR 01-107 AGR 01-108 CON 01-109 CON 01-110 APPROVED 107 i08 Bakersfield, California, April 25, 2001 - Page 8 CONSENT CALENDAR continued Referral of a proposed amendment to the text of the zoning Ordinance regarding landscaping standards (Chapter 17.61) from the Urban Development Committee to the Planning Commission. Maggard requested Mr. Graham work with the Planning Commission to come up with a way to have a 40% shade canape and determine if it's better to specify that in the ordinance or in resolution form. Also, to specify very clearly in the ordinance how they would accomplish that. Couch requested staff provide to Council a transcript of the hearing when the ordinance regarding tree landscaping goes before the Planning Commission. Motion by Benham to refer Consent Calendar Item d. to the Planning Commission. HEARINGS Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. (Wards 1,2,3,6) Development Services Director Hardisty gave brief update. Hearing opened at 8:38 p.m. No one spoke at the hearing. Headng closed at 8.38 p.m. Motion by Carson to adopt the resolution. Resolution recommending to the Board of Supervisors an amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan from R-MP (Resource-Mineral Petroleum) to LI (Light Industrial) on 1.44 acres located east of Manor Street to Angus Lane, north of Roberts Lane in the unincorporated County area. ACTION TAKEN APPROVED RES 053.01 APPROVED RES 054-01 Bakersfield, California, April 25, 2001 - Page 9 HEARINGS continued b. Development Services Director Hardisty gave a brief update. Hearing opened at 8:40 p.m. No one spoke at hearing. Hearing closed at 8:41 p.m. Motion by Salvaggio to adopt the resolution. ACTION TAKEN APPROVED General Plan Amendment Case No. P01-0014 Castle and Cooke California, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from Open Space-Parks to Low Density Residential on 4.20 acres and from Low Medium Density Residential to Open Space- Parks on 2.38 acres located along the north side of White Lane to approximately 1,500 feet north of Ming Avenue, between Buena Vista Road and Allen Road. (Ward 4) Agreement with Castle & Cooke California, Inc. to exchange real property. Development Services Director Hardisty gave a brief update. Hearing opened at 8:43 p.m. No one spoke at hearing. Hearing closed at 8:43 p.m. Motion by Couch to adopt the resolution and approve the agreement. RES 055-01 AGR Of-lll APPROVED 109 110 Bakersfield, California, April 25, 2001 - Page 10 HEARINGS continued General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change P00- 0982. (Ward 4) Pinnacle Engineering has requested amendments to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, the Riverlakes Ranch Specific Plan and a Zone Change on three sites totaling approximately two acres located along the north side of the eleventh link, the south side of the twelfth link and the north side of the thirteenth link of the Riverlakes Ranch golf course. Resolution adopting the General Plan Amendment changing the Land Use designation from OS-P (Open Space and Recreational Facilities) to SR (Suburban Residential). Resolution adopting the Specific Plan Amendment changing the specific plan designation from OS-P (Open Space and Recreational Facilities) to SR (Suburban Residential). Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-08 from OS (Open Space) to R-1 (One-Family Dwelling). Development Services Director Hardisty gave a brief update. Hearing opened at 8:46 p.m. Trent Miller, Pinnacle Engineering, spoke in support of staff recommendation. Hearing closed at 8:47 p.m. Motion by Couch to adopt the resolutions approving the Notice of Exemption, the General Plan Amendment, Specific Plan Amendment and first reading of the ordinance. ACTION TAKEN RES 056-0'1 RES 057-01 FR APPROVED Bakersfield, California, April 25, 2001 - Page 11 HEARINGS continued General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change P00- 0983. (Ward 4) Coleman Homes has requested amendments to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, the Riverlakes Ranch Specific Plan and a Zone Change on two sites totaling 1.79 acres, located along the south side of the eleventh link and the north side of the twelfth link of the Riverlakes Ranch golf course. Resolution adopting the General Plan Amendment changing the land use designation from OS-P (Open Space and Recreational Facilities) to LR (Low Density Residential). Resolution adopting the Specific Plan Amendment changing the specific plan designation from OS-P (Open Space and Recreational Facilities) to LR (Low Density Residential). Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 102- 08 from OS (Open Space) to R-1 (One- Family Dwelling). Development Services Director Hardisty gave a brief update. Hearing opened at 8:48 p.m. No one spoke at hearing. Hearing closed at 8:49 p.m. Motion by Couch to adopt the resolution approving the Notice of Exemption and the Genera/ Plan Amendment, Specific Plan Amendment and first reading of the ordinance. ACTION TAKEN RES 058-01 RES 059-01 FR APPROVED 111 Bakersfield, California, April 25, 2001 - Page 12 HEARINGS continued f. Sewer User Charges: Hearing to consider a resolution establishing sewer service user charges for Fiscal Year 2001-02 (proposed revisions in sewer user charges). Acceptance and approval of the City of Bakersfield's Revenue Program for Wastewater and Stormwater Facilities. Interim Public Works Director LaRochelle gave a brief update. Hearing opened at 8:51 p.m. Sharon Carlson spoke in opposition of staff recommendation. Hearing closed at 8:53 p.m. Salvaggio requested staff respond to Mrs. Carlson's concern regarding the assessment amount and if they will take into consideration a vacancy factor. Mayor Hall recessed the meeting at 9:10 p.m. and reconvened at 9:15 Motion by Salvaggio to adopt the resolution and approve the Revenue Program subject to the revisions by staff of the 5 year phase in, rather than 3 years on hospitals and flat fees Amended motion by Salvaggio to refer the resolution and Revenue Program to the Budget and Finance Committee for review and report back on the May 16, 2001 Council meeting. ACTION TAKEN NAT APPROVED 10. REPORTS a. Water Board Report No. 1-01 regarding electrical power referral by Councilmember Mike Maggard. 10. Bakersfield, California, April 25, 2001 - Page 13 REPORTS continued Gene Bogart, Water Resources Manager, gave a computer presentation. Alan Whitten, Engineer, gave a brief history overview of how we got into the power business; Alan Daniel, Deputy City Attorney gave a legal bdef overview of legal parameters concerning power generation by a charter city. Maggard requested the electrical power issue be discussed further at the next Council meeting. Motion by Salvaggio to accept report and implement recommendations. ACTION TAKEN APPROVED 11. DEFERRED BUSINESS Ordinance amending Subsections 15.80.100(A) and (B); Subsection 16.12.070(B); Subsection 16.16.010 (G); Subsection 16.16.020(A); Subsection 16.16.030(F); Subsections 16.16.080(A) and (B); Subsection 16.16.080(E); Subsection 16.16.080 (G); Subsections 16.20.110(A) and (B); Subsection 16.22.010 (B); Subsection 16.24.090 (C.4); Subsection 16.32.080(E); Section 16.32,100; Adding Section 16.38; and amending Section 16.52. The proposed amendments are the result of recommendations from a development streamlining task force final report. (First reading 4-11-O~) Motion by Couch to adopt the ordinance. ORD 4004 APPROVED Approval of City Council Goals and Guiding Principals for the City of Bakersfield. Assistant City Manager Stinson gave a brief update. Benham requested an amendment to the wording on Goal 6.3.b. be changed to "Cultural Arts Center" and 6.3.c. be "Performing Arts Center." Motion by Salvaggio to approve as amended. APPROVED 114t Bakersfield, California, April 25, 2001 - Page 14 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 by changing the zoning from an A (Agriculture) Zone to an R-1 (One Family Dwelling) Zone on 10.07 acres located on the southeast corner of Campus Park Drive and Mountain Vista Drive. (#P01-0007) (Ward 4) ACTION TAKEN FR 13. COUNCIL & MAYOR STATEMENTS Maggard requested Water Resources Manager Gene Bogart meet with him to discuss a request for development of a white water teaching and course down river from the mouth of the Canyon. Maggard requested Development Services Director Hardisty contact him regarding the open space corridor. Maggard asked questions regarding the Guaranteed Maximum Price. City Manager Tandy responded. Maggard requested staff provide more numbers in the budget presentations and information on department requests and what they actually received. Hanson asked status of DDA for City Center Project. City Manager Tandy responded. Hanson requested the status of the removal of PG&E lines on Stockdale Hwy., between California and Gosford. Interim Public Works Director LaRochelle responded and will report backlook into. Hanson thanked Mr. Ellison and others for meeting to discuss the Westpark corridor situation. Hanson expressed appreciation to the Planning Commission candidates. Benham referred to Legislative and Litigation Committee a request from Old Town Kern merchants regarding expansion of skateboard restrictions to their area. Benham referred to staff a request from the Downtown Business Association for the removal of the dumpsters in the Wall Street Alley for street faires, due to activities scheduled in the alley. 13. Bakersfield, California, April 25, 2001 - Page 15 COUNCIL & MAYOR STATEMENTS continued Benham encouraged everyone to participate in the Charrette process. Couch thanked Alan Christensen and Kevin Barnes for their assistance. Couch requested staff provide copies of the approvals from all the Environmental Agencies regarding the Kern River Freeway. Couch requested the Traffic Engineer do a traffic analysis of Brimhafl Road between Coffee and Calloway to determine if it should be upgraded from a collector to an arterial. Couch requested the Planning Department provide an update regarding the PCD-PUD overlay zone ordinance. Couch asked questions regarding the DDA. Manager Tandy responded. City Couch asked questions regarding the Census report and re-apportionment of ward boundaries. Staff responded. Carson expressed thanks to Jack Hardisty, Alan Christensen and Charles Webb for their assistance at the charrette community meeting. Carson requested staff provide her with a street sweeping schedule for her ward. Carson requested a status report on the Union Avenue/Lakeview/Cottonwood corridor. City Manager Tandy responded and will follow-up with a report. Carson referred the memo from the City Attorney regarding a PAC members request for reimbursement, and requested staff re-address the issue, define a policy, and report back to Council. City Manager Tandy responded it will be placed on the Redevelopment Agency agenda. Benham referred to Urban Development Committee an inquiry from the last meeting regarding heavy concentration of rehab facilities in Wards 2 and 3, and review if there is an ordinance addressing this issue. ACTION TAKEN 115 Bakersfield, California, April 25, 2001 - Page 16 13. COUNCIL & MAYOR STATEMENTS continued Benham supports Couch's comments regarding the DDA. Sullivan stated this is "National Volunteer Week" and expressed appreciation to all the volunteers. Salvaggio thanked Code Enforcement for their assistance. Salvaggio referred to staff clean-up of debris at the northeast corner of So. H and Wilson Road. Salvaggio stated he and Alan Tandy met with the Kern, Inyo, Mono Counties Central Labor Counsel regarding City Center Project, feasibility of a labor agreement and monitoring of public works projects for the City of Bakersfield. He provided Information from Center Contract Compliance to City Manager and asked Tandy to review and the possibility of another meeting. Salvaggio made comments regarding the Palm/Olive annexation. ACTION TAKEN 14. ADJOURNMENT Motion by Salvaggio to ad' at 11:1/ . ~ ~. MAYOR ol'the C~ of Bakersfi~td,,~ / ATTEST: CITY CLERK and Ex Officio Cle~:k of the Council of the City of Bakersfield APPROVED