The URL can be used to link to this page

Home My WebLink About07/30/08 CC MINUTES69~ BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 30, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None 2. PUBLIC STATEMENTS None. 3. APPOINTMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 16, 2008, Regular City Council Meeting. Payments: ACTION TAKEN b. Approval of department payments from July 4, 2008 AB WEIR to July 17, 2008 in the amount of $21,306,070.20 and self-insurance payments from July 4, 2008 to July 17, 2008 in the amount of $213,889.57. Ordinances: c. First Reading of Ordinance amending Sections FR 1.12.010 and 1.12.040 of the Municipal Code by adding Annexation No. 526 consisting of 90.87 acres located on the east and west sides of Fairfax Road, south of Redbank Road to Ward 1, Annexation No. 493 consisting of 1,813.08 acres located west of S. Allen Road, south of the Kern River and Annexation No. 574 consisting of 139.89 acres located south of Seventh Standard Road, east of Allen Road and north of Snow Road to Ward 4. 692 ,. 4. Bakersfield, California, July 30, 2008 -Page 2 CONSENT CALENDAR continued ACTION TAKEN d. Adoption of Ordinance adding Section 8.16.065 of ORD 4519 the Municipal Code relating to use of amplified sound by ice cream vendors. e. Adoption of Ordinance amending Sections 2.62.020 ORD 4520 and 2.62.030 of the Municipal Code relating to the Keep Bakersfield Beautiful Committee. f. Adoption of Ordinance adding Sections 17.04.022, ORD 4521 17.04.132, 17.04.168, 17.04.281, 17.04.281.5, 17.04.493, 17.04.493.5, 17.04.606 and 17.04.624 and amending Chapter 17.58 of the Municipal Code relating to parking standards and requirements. Resolutions: g. Resolution approving sale of surplus Police Department equipment to the California Military Museum for $1.00. h. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($61,430) from the U. S. Department of Justice. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to California Government Code Section 34090, et seq. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RES 113-08 RES 114-08 RES 115-08 RES 116-08 k. Resolution approving an application proposing RES 117-08 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 568 consisting of 218.38 acres located south of Panama Lane, east of Nord Avenue. Resolution opposing fiscally irresponsible State RES i18-o8 budget decisions that would borrow local government funds thus placing an additional economic burden on local municipalities. Bakersfield, California, July 30, 2008 -Page 3 6 9 3 4. CONSENT CALENDAR continued ACTION TAKEN m. Resolution adding Area 4-85 (Tract 6850) 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. n. Resolution of Intention No. 1604 to add territory, Area 4-86 (7001 Auburn Street) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. o. Resolution of Intention No. 1606 to add territory, Area 2-39 (Mustang Square) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. p. Resolution of Intention No. 1605 calling a public hearing to amend Resolution No. 133-07 by modifying the boundaries of Underground Utility District No. 2, Division 31 (Sports Village). Agreements: q. Cooperative Agreement with State of California Department of Transportation to widen State Route 178 from Vineland Road to Miramonte Drive. (SR 178 Widening Project) (TRIP) r. Installation of traffic signal and lighting system at intersection of State Route 178 (24'h Street) and L Street 1. Cooperative Agreement with State of California Department of Transportation for City's share (estimated not to exceed $180,000) of project costs. 2. Appropriate $180,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget for City's share of project costs. s. Agreement with AmeriNational Community Services, Inc. (not to exceed $54,000) to provide loan and related financial services for the City's Single Family Rehabilitation, Multi-Family Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. RES 119-08 ROI 1604 ROI 1606 ROI 1605 AGR 08-127 AGR 08-128 AGR 08-129 694 ~_~ 4. Bakersfield, California, July 30, 2008 -Page 4 CONSENT CALENDAR continued ACTION TAKEN t. Agreement with Soils Engineering, tnc. (not to AGR 08-130 exceed $873,120) to clean up City owned property at 1433 Union Avenue (former Navy Oil site). u. Improvements for maintenance and repair of Oak Street Bridge between Truxtun Avenue and California Avenue: 1. Agreement with RBF Consulting ($44,600) to AGR 08-131 provide engineering and design services for project. 2. Appropriate $50,000 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget. v. Amendment No. 1 to Agreement No. 07-066 with AGR o7-066(1) CMX Sports Engineers, LLC ($515,520; revised not to exceed $1,225,520) for design development and construction documents of Phase 1 (8 soccer fields) for the Sports Village located on the north side of Taft Highway between Gosford Road and Ashe Road. w. Amendment No. 1 to Agreement No. 07-196 with AGR 07-i96(1) Jim Alfter Cement Contractor ($2,000,000; revised not to exceed $4,000,000) and extending the term to August 6, 2009 for concrete construction. x. Amendment No. 3 to Agreement No. 04-002 to AGR 04-002(3) assign interest from Maya Cinemas North America, ABS COUCH Inc. to Maya Bakersfield, LLC. Bids: y. Accept bid and award contract to Superior Pipelines AGR 08-132 Inc. ($263,872.95) for construction of waterline extension to Wastewater Treatment Plant No. 3. z. Traffic signal and lighting system installation on P Street at Belle Terrace: 1. Accept bid and award contract to A-C AGR o8-133 Electric ($182,649.50) for project. 2. Appropriate $28,330 Federal Congestion Management Air Quality funds to the Public Works Department's Capital Improvement Budget within the SAFETEA-LU Fund. 3. Appropriate $46,670 Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget. sg5 Bakersfield, California, July 30, 2008 -Page 5 4. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: aa. Appropriate $57,741 State Grant Revenues (S.T. E. P. Grant from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic enforcement strategies and to purchase equipment for the Traffic Division. bb. CAL-GRIP Grant Appropriations for the Police Department: 1. Appropriate $154,052 State Grant Revenues (Office of Emergency Services) to the Capital Outlay Fund Budget. 2. Appropriate $231,078 seized asset revenues to the Capital Outlay Fund Budget. cc. Department of Housing & Urban Development HUD) Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 1 (FY 08/09), Amendment No. 3 (FY 07/08), Amendment No. 5 (FY 06/07), Amendment No. 5 (FY 05/06), Amendment No. 6 (FY 04/05) and Amendment No. 8 (FY 03/04). dd. Appropriate $60,233 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and to his employer, on item 4.x. Motion by Vice Mayor Hanson to approve Consent APPROVED Calendar items 4.a. through 4.dd. 5. CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change No. 07- 0761; Edward Garrone, representing McKinzie Real Estate, has applied for a general plan amendment and zone change on 17.5 acres located on the northeast corner of Union Avenue and Panama Lane. 696 Bakersfield, California, July 30, 2008 -Page 6 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Item 5.a. continued Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 17.5 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 124-20) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 17.5 acres. b. General Plan Amendment/Zone Change No. 07- 1541; KSA Group Architects, representing Protestant Episcopal Bishop of San Joaquin (property owner) has applied for a general plan amendment and zone change on 7.69 acres located southeast of Mt. Vernon Avenue and State Route 178. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from OC (Office Commercial) to GC (General Commercial) on 7.69 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 7.69 acres. c. General Plan Amendment/Zone Change No. 06- 0494; McIntosh and Associates, representing Douglas DeBerti and Sandye DeBerti (property owners) has applied for a general plan amendment and zone change on 60 acres located on the east side of Edison Road (future), 1/2 mile north of Breckenridge Road. RES 120-08 FR RES 121-08 FR WITHDRAWN FOR CONSIDERATION 69 7^ Bakersfield, California, July 30, 2008 -Page 7 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Item 5.c. continued Resolution denying the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. 2. Resolution denying the amendment to Title 17 (Zone Map No. 104-28) by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. d. General Plan Amendment/Zone Change No. 08- 0612; E&R Surveying & Consulting, representing Edward and Joseph Kosareff (property owners) has applied for a general plan amendment and zone change on approximately 6.2 acres generally located along the north side of Rosedale Highway, generally between Allen Road and Jenkins Road. Resolution approving the Negative RES 122-08 Declaration and adopting the general plan amendment changing the land use designation from UER (Urban Estate Residential) to OC (Office Commercial) on 6.2 acres. 2. First Reading of Ordinance approving the FR Negative Declaration and amending Title 17 (Zone Map No. 101-23) of the Municipal Code by changing the zoning from A (Agriculture) to C-O/PCD (Professional and Administrative Office/Planned Commercial Development) on 6.2 acres. e. General Plan Amendment/Zone Change No. 08- 0590; Mark J. Smith, representing Langley World Properties, LLC (property owner) has applied for a general plan amendment and zone change on 4.68 acres located at the southwest corner of Langley Road and EI Toro Viejo Road (future). Resolution approving the Negative RES 123-08 Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LI (Light Industrial) on 4.68 acres. 698 ' ~ Bakersfield, California, July 30, 2008 -Page 8 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Item 5.e. continued 2. First Reading of Ordinance approving the FR Negative Declaration and amending Title 17 (Zone Map No. 102-29) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to M-1 (Light Manufacturing) on 4.68 acres. General Plan Amendment/Zone Change No. 07- 2271; Ordiz-Melby Architects, representing St. Johns Lutheran Church of Bakersfield (property owner) has applied for a general plan amendment and zone change on approximately 25.17 acres generally located north of Harris Road and east of Buena Vista Road. Resolution approving the Negative RES i24-08 Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to LR (Low Density Residential) on 13.37 acres and from HMR (High Medium Density Residential) to LR on 11.80 acres. 2. First Reading of Ordinance approving the FR Negative Declaration and amending Title 17 (Zone Map No. 123-18) of the Municipal Code by changing the zoning from C-2 (Regional Commercial) to R-1 CH (One Family Dwelling/Church Overlay) on 13.37 acres and from R-2 (Limited Multiple Family Dwelling) to R-1 CH on 11.80 acres. City Clerk McCarthy announced correspondence was received from Roger McIntosh, on behalf of applicant, requesting Item c. be withdrawn for consideration. Hearings opened at 5:19 p.m. No one spoke. Hearings closed at 5:19 p.m. Motion by Vice-Mayor Hanson to approve sfaff q ppROVED recommendations for Consent Calendar Hearing items 5.a. through 5.f. with the deletion of 5.c. Bakersfield, California, July 30, 2008 -Page 9 6. CLOSED SESSION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v. North Kern Water Storage District, et al. Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 2. Michael Freedman v. City Kern County Superior Court Case No. S-1500-CV- 261544-AEW b. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim) Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:20 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 6:58 p.m. RECONVENED MEETING - 7:10 p.m. 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None 8. INVOCATION by Councilmember Carson. 9. PLEDGE OF ALLEGIANCE by Hailey Reza, 3`d Grade Student at Our Lady of Guadalupe School. 10. CLOSED SESSION ACTION a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: ACTION TAKEN APPROVED APPROVED '~99 ^ - 700 „ - Bakersfield, California, July 30, 2008 -Page 10 10. CLOSED SESSION ACTION continued ACTION TAKEN Item a. continued 1. City v. North Kern Water Storage STAFF GIVEN District, et al. Kern County Superior Court DIRECTION Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 2. Michael Freedman v. City Kern County STAFF GIVEN Superior Court Case No. S-1500-CV- DIRECTION 261544-AEW b. Conference with Legal Counsel -Potential STAFF GIVEN Litigation; Closed Session pursuant to DIRECTION subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter) c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to subdivision NO REPORTABLE (b)(1)(3)(C) of Government Code Section 54956.9. ACTION (One claim) 11. PRESENTATIONS None. 12. PUBLIC STATEMENTS Terence Steven Fischer spoke regarding a traffic ticket. Councilmember Sullivan asked staff to follow-up on this matter. 13. REPORTS None. 14. HEARINGS a. General Plan Amendment/Zone Change No. 06- 1052; Maurice J. Etchechury, representing The John M. Antongiovanni Trust (property owner) has applied for a general plan amendment and zone change on approximately 20 acres located at the southwest corner of Panama Lane and Ashe Road. RES 125-08 1. Resolution making findings and certifying the Final Environmental Impact Report (EIR) for GPA2C No. 06-1052. RES 126-08 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on approximately 20 acres. ctrl Bakersfield, California, July 30, 2008 -Page 11 7 ~ ~ - 14. HEARINGS continued Item a. continued 3. First Reading of Ordinance amending Title 17 (Zone Map No. 123-28) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres. City Clerk McCarthy announced correspondence was received from John Farrow, with M. R. Wolfe, in opposition to approval of this item. Development Services Director Grady made staff comments. Hearing opened at 7:28 p.m. Mary Jane Wilson, president of WZI, spoke in support of the staff recommendation and provided written material. Dee Walters spoke in support of the staff recommendation. Hearing closed at 7:45 p.m. Motion by Councilmember Sullivan to adopt the resolutions and give first reading to the ordinance. 15. DEFERRED BUSINESS None. 16. NEW BUSINESS None. 17. COUNCIL AND MAYOR STATEMENTS Vice-Mayor Hanson assumed the meeting as Mayor Hall had to leave. ACTION TAKEN FR APPROVED Councilmember Benham provided written correspondence from a Cherry Street resident requesting review of the rules regarding dog attacks, specifically first attacks by a dog, and requested it be added to an upcoming Legislative and Litigation Committee agenda. 702...E 17 18. Bakersfield, California, July 30, 2008 -Page 12 COUNCIL AND MAYOR STATEMENTS continued Councilmember Benham requested Legislative and Litigation Committee consider an ordinance regarding nuisance parties in order to be consistent with the County, and provided written documentation from Supervisor Mike Maggard. Councilmember Couch turned in a couple of referrals and asked staff to give him a call. Councilmember Couch requested staff provide a status report on the Landco Grade Separation at Rosedale Highway. Councilmember Sullivan requested staff look into several vacant houses, one with a pool problem and the other with code enforcement issues, and advised she will call with the addresses. Vice-Mayor Hanson requested a report from staff regarding cities that profit from recycling efforts. ADJOURNMENT Vice-Mayor Hanson adjourned the meeting at 7:50 p.m. ATTEST: CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield ACTION TAKEN S:\Council\MINUTES\200TNovember 28.doc ^rrll