HomeMy WebLinkAbout02/24/99 MINUTES CCPRE-MEETING
1. ROLL CALL
Present:
Absent:
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 24, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m
Mayor Price, Councilmembers Carson,
DeMond (seated at 5:18 p.m.), Couch,
Rowles, Sullivan (seated at 5:16 p.m.),
Salvaggio
Councilmember Maggard
ACTION TAKEN
2. WORKSHOP
a. City Council Ward Reapportionment
Development Services Director Jack Hardisty
provided a computer presentation.
Motion by Salvaggio to continue with past
procedure and use a 10 percent flexibility factor
for ward population average.
Amended Motion by Salvaggio to set the
guideline for deviation at 10 percent with the
flexibility to go beyond 10 percent at a later date.
APPROVED
AB MAGGARD
WITHDRAWN
Motion by Salvaggio to add an item that arose after the
agenda was posted and requires action tonight.
Rowles announced a conflict of interest and abstained from
voting to add Closed Session Item. d.
APPROVED
AB MAGGARD
ABS ROWLES
Conference with Legal Counsel §54956.9(b)(3)(A)-
Potential Litigation; One potential case.
CONTINUED TO
END OF MEETING
Motion by Carson to recess to Closed Session at 6:05
p.m.
APPROVED
AB MAGGARD
Bakersfield, California, February 24, 1999 - Page 2
3. CLOSED SESSION
ACTION TAKEN
Conference with Legal Counsel §54956.9(c)
Potential Litigation; Initiation of Litigation, eight
potential cases.
NO REPORTABLE
ACTION TAKEN
Conference with Legal Counsel §54956.9(c) -
Potential Litigation; Initiation of Litigation, one
potential case.
By A vote of 5 to O, Maggard absent, Rowles
abstained, Council authorized the City Attorney
to initiate litigation in one case, if circumstances
warranL
Conference with Labor Negotiator, William Avery,
pursuant to Government Code Section 54957.6;
Employee Organizations: Blue and White Collar
Units; Firefighters and Engineers Unit; and Fire
Supervisory Unit.
NO REPORTABLE
ACTION TAKEN
Motion by Couch to recess from Closed Session at 7:00
p.m. to return to Closed Session at the end of the
regular meeting to discuss Item d.
APPROVED
AB MAGGARD
REGULAR MEETING
INVOCATION by Alan Larson of First Assembly of God
Church
2. PLEDGE OF ALLEGIANCE by Mayor Price
3. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Couch, Rowles, Sullivan, Salvaggio
Councilmember Maggard
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on pages 1, 2 and 12.
Bakersfield, California, February 24, 1999 - Page 3
39
PRESENTATIONS continued
Joel O'Bannon, San Joaquin Unified Air Pollution
Control District, presented a $270,000 rebate to the
City of Bakersfield for funding of alternative fuel
vehicles.
Marianne Hernandez, California Department of
Health Services, honored the City of Bakersfield and
San Joaquin Community Hospital for their
contributions to a healthier Bakersfield and presented
a plaque to Mayor Price and "Heart Smart" baskets
to Council.
Economic Development Director Jake Wager
presented Mayor Price with a Downtown Business
Association Beautification Award, traveling trophy,
awarded to the City in recognition of the Chester
Avenue and Centennial Garden projects.
ACTION TAKEN
PUBLIC STATEMENTS
Jose Castro Jr., spoke regarding environmental
impact for cold storage food warehouse, trucking and
noise pollution in residential neighborhood.
Rowles requested Development Services Director
Jack Hardisty contact Mr. Castro and provide him
with the noise ordinance regarding this issue and
staff to enforce the ordinance.
Co
The following individuals spoke regarding
annexations: Barbara Fowler; Barbara Fields; and
Gary Madsen.
The following individuals spoke regarding the
opening of Shellabarger Road: Leonard L Koch and
Stuart W. Bauger.
7. APPOINTMENTS
None.
Bakersfield, California, February 24, 1999 - Page 4
CONSENTCALENDAR
Minutes:
a. February 10, '1999 Council Meeting.
C,
eo
Payments:
Payments from January 30, to February 12, 1999 in
the amount of $5,181,682.99; and Self Insurance
payments from January 30, to February 12, 1999 in
the amount of $153,202.73.
Resolutions:
Resolution adopting the Investment Policy for the
City of Bakersfield.
Resolution making CEQA findings and approving the
Negative Declaration for the Allen Road/Buena Vista
Road Sewer Trunkline. (Ward 4)
Resolution determining the Washrack Equipment
cannot be reasonably obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with formal bidding not to exceed $125,000.
(Ward 5)
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Kyle Carter Homes for Tract 5921, Phase 1,
located at the southwest corner of Norris
Road and Calloway Drive. (Ward 4)
Final Map and Improvement Agreements with
Castle & Cooke California Inc. for Tract 5845
Phase D, located north of Panama Lane and
east of Reliance Drive. (Ward 4)
Improvement Agreement with AEW/Careage
L.L.C. for Parcel Map 10406, located on the
east side of Calloway Drive at Gleneagles
Drive. (Ward 4)
Agreement with Disclosure Counsel Cox, Castle &
Nicholson for Assessment District 98-1. (Ward 4)
ACTION TAKEN
RES 16-99
RES 17-99
RES 18-99
AGR 99-36
AGR 99-37
AGR 99-38
AGR 99-39
ABS ROWLES
A GR 99-40
AGR 99-41
ABS ROWLES
Bakersfield, California, February 24, 1999 - Page 5
CONSENT CALENDAR continued
Agreement to indemnify LAFCO for City Annexation
No. 399, Proceeding 1254, Located north of Highway
178 and east of Highway 184. (Vista Finestra)(Ward 3)
Amendment No. 1 to Agreement No. 98-31 with
Kleinfelder, Inc., for Material Testing Services for
various construction projects.
Agreement with GRC Associates, Inc., not to exceed
$35,500 for Economic Development Consulting
Services. (Wards 1, 2)
Agreement with John Q. Hammons Hotels Two L.P. to
grant easements necessary for the Q Street
Separation Project for which City will provide various
improvements to Holiday-Inn Select parking lot.
Underground Electric Conduits:
Agreement with the County of Kern, a political
subdivision, for the installation of two 4"
underground electrical conduits running
parallel on Truxtun Avenue from the
Convention Center to Baker Street.
Appropriate $12,000 Congestion Mitigation Air
Quality Funds and $90,000 County Share of
project cost to the Capital Improvements
Budget within the ISTEA Fund. (Ward 2)
Bids:
Award Annual Contract to San Joaquin Fence &
Supply, not to exceed $158,196, to furnish and install
fencing around various City properties and canals.
Award Annual Contract to Loop Electric, not to exceed
$93,420, for vehicle loop cutting services at various
intersections within the City.
Award Contract to A-C Electric Company, $161,364
for traffic signal and lighting system installations on
California Avenue at A Street and California Avenue
at G Street (Bakersfield Amtrak Station). (Wards l, 2)
ACTION TAKEN
A GR 99-42
AGR 98-31(1)
A GR 99-43
AGR 99-44
DEED 5015
DEED 5016
AGR 99-45
CON 99-46
CON 99-47
CON 99-48
Bakersfield, California, February 24, 1999 - Page 6
CONSENT CALENDAR continued
Award Contract to Griffith Company, $4,999,000 for
construction of the Q Street Underpass, Chester
Avenue Underpass widening and related trackwork at
the Burlington Northern and Santa Fe Railway Tracks
(Bakersfield Amtrak Station). (Ward 2)
Award Contract to Bauer Compressors, Inc.,
$53,386.91 to furnish and install a respiratory
breathing air compressor for the Fire Department.
Award Contract to P & J Electrical Construction, Inc.,
$85,173 to furnish and install a 250KW generator at
City Hall.
Reject bid for Annual Contract for HUD & CDBG
Street Materials.
Miscellaneous:
Appropriate $67,000 Fund Balance to the Public
Works Operating Budget within the Equipment
Management Fund to purchase various
telecommunications software/hardware equipment
that is Y2K compliant.
Appropriate and transfer $173,936 California Office of
Traffic Safety (OTS) State Grant to the Police
Department Operating Budget in the General Fund
and $74,500 to the Public Works Operating Budget in
the Equipment Management Fund for implementation
of the "Traffic Offender Enforcement Program."
Revised Job Specifications for Fire Dispatcher I and
Fire Dispatcher II.
Wo
Request by the Southeast Bakersfield Project Area
Committee to establish a community office within the
proposed Southeast Bakersfield Project Area.
Rowles announced abstention on Consent Calendar Item f. 2.
and g. due to source of income to employer and p. due to
potential source of income to employer.
Motion by Carson to adopt Consent Calendar Items a.
through w., with separate consideration of Item p.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
CON 99-50
CON 99-51
REFERRED TO THE
BUDGET & FINANCE
COMMITTEE
APPROVED
AB MAGGARD
Bakersfield, California, February 24, 1999 - Page 7
CONSENT CALENDAR continued
p,
Award Contract to Griffith Company, $4,999,000 for
construction of the Q Street Underpass, Chester
Avenue Underpass widening and related trackwork at
the Burlington Northern and Santa Fe Railway Tracks
(Bakersfield Amtrak Station). (Ward 2)
Motion by DeMond to approve Consent Calendar Item p.
HEARINGS
Protest Hearing for proposed Assessment District
No. 98-1 (Brimhall IV, Stockdale Highway
Commercial). (Ward 4)
Rowles announced conflict of interest due to source
of income to employer.
Hearing opened at 7:41 p.m.
Mayor Price announced this hearing will be
continue to March 31, 1999.
Resolution ordering the vacation of the alley east of
Manitou Way, north of Wilford Court in Tract No.
4364. (Ward 6)
Public Works Director Raul Rojas provided a brief
update.
Hearing opened at 7:43 p.m.
Mark Engelien spoke in opposition of the condition of
the transference of maintenance and operations
without any appropriate mechanism to provide for
that.
Gail Darling spoke in support of staff
recommendation.
Hearing closed at 7:49 p.m.
Motion by Sullivan to adopt the resolution.
ACTION TAKEN
CON 99-49
APPROVED
AB MAGGARD
ASB ROWLES
RES 19-99
APPROVED
AB MAGGARD
Bakersfield, California, February 24, 1999 - Page 8
HEARINGS continued
c. Resolution approving City Annexation No. 399,
Proceeding No. 1254, located north of Highway 178,
east of Highway 184. (Vista Finestra) (Ward 3)
Hearing opened at 8:00 p.m.
No one spoke at hearing.
Hearing closed at 8:00 p.m.
Motion by Carson to adopt the Resolution.
ACTION TAKEN
RES 20-99
APPROVED
AB MAGGARD
d. General Plan Amendment/Zone Change No.
P98-0833: (Ward 4)
City of Bakersfield requests to amend the
Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of
a change from Low Density Residential to
General Commercial on 3.08 acres located at
the southwest corner of Brimhall Road and
Calloway Drive.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning Map
No. 102-31 from One Family Dwelling (6,000
square foot lot size) to Regional Commercial
on 3.08 acres, for property located southwest
of Brimhall Road and Calloway Drive.
Hearing opened at 8:02 p.m.
No one spoke at hearing.
Hearing closed at 8:02 p.m.
Motion by Couch to adopt the resolution and first
reading of the ordinance.
RES 21-99
FR
APPROVED
AB MAGGARD
CARSON
Bakersfield, California, February 24, 1999 - Page 9
45
HEARINGS continued
General Plan Amendment/Zone Change No. P98-
0729: (Ward 4)
Application by Castle & Cooke California, Inc.
to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of changes from Low Density
Residential to Open Space-Parks on 16
acres, and from General Commercial to Low
Density Residential on 16 acres, from High
Medium Density Residential to General
Commercial on 11.45 acres, from Low
Medium Density Residential to General
Commercial on .8 acres and from Low
Medium Density to High Medium Density on
15.41 acres; also placing a residential
development limit of no more than 2,298 units
throughout the Buena Vista Project area.
Ordinance amending Title 17 of the Municipal
Code and Zoning Map Nos. 122-01 and 122-
12 from Regional Commercial to One Family
Dwelling zone on 16 acres, and from One
Family Dwelling to Regional Commercial
zoning on 12.05 acres, on property located at
the northwest and southwest corners of
Buena Vista Road and Ming Avenue
(extended).
Hearing opened at 8:04 p.m.
No one spoke at hearing.
Hearing closed at 8:04 p.m.
Rowles announced conflict of interest due to source of
income to employer.
ACTION TAKEN
RES 22-99
FR
Motion by Couch to adopt the resolution and first
reading of the ordinance.
APPROVED
AB MAGGARD
ROWLES
Bakersfield, California, February 24, 1999 - Page 10
10.
11.
HEARINGS continued
f. General Plan Amendment No. P98-0507: (Ward 4)
Application by the City of Bakersfield to
amend the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of adding Granite Falls Drive as a
Collector segment between Coffee Road and
Main Plaza Drive.
Hearing opened at 8:05 p.m.
No one spoke at hearing.
Hearing closed at 8:05 p.m.
Rowles announced conflict of interest due to source of
income to employer.
Motion by Couch to adopt the resolution.
REPORTS
None.
DEFERRED BUSINESS
a. Ordinance amending Section 17.04.365 of the
Bakersfield Municipal Code relating to Dog Kennels.
(First Reading 2/10/99)
Motion by Salvaggio to adopt the ordinance.
ACTION TAKEN
RES 23-99
APPROVED
ABS ROWLES
AB MAGGARD
ORD 3882
APPROVED
AB MAGGARD
ROWLES
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 102-25 by changing
the zoning on 1.1 acres located on the west side of
Rich Springs Court from a Residential Suburban
zone to an Estate Zone.(Ward 4)
FR
Bakersfield, California, February 24, 1999 - Page 11
12.
NEW BUSINESS continued
Ordinance amending Sections 16.52.010, 16.52.020,
and 16.52.030(A)of the Bakersfield Municipal Code
relating to appeal filings for subdivision maps and
extensions of time.
Motion by Rowles to refer to Urban Development
Committee.
ACTION TAKEN
FR
APPROVED
AB MAGGARD
Ordinance adding Chapter 13.12 of the Bakersfield
Municipal Code adopting existing design manuals
and reference standards.
FR
13.
COUNCIL STATEMENTS
Salvaggio requested staff continue to keep Counc~
updated on the Palm/O~ve Annexation issue.
Salvaggio thanked Mike Conner and Luis Peralez, Public
Works Street Division, for rehabilitating a shoulder on
Panama Lane, east of Monitor Street.
Couch requested staff include a Closed Session
regarding the Palm/Olive Annexation on the agendas to
receive brief updates until the case is settled.
Couch thanked staff for efficiently answering his questions
and forwarded additional letters for response.
Sullivan requested staff work with her to compose
letters of final information regarding the vacation of the
alley, and also addressing residents' concerns.
Carson reminded Council to provide the dates they would be
available to meet regarding goal setting.
Carson thanked Mayor Price for the resolution celebrating
Black History Month and announced there will be a parade
on Saturday.
Mayor Price referred to staff a request from Mexico
regarding used equipment.
Couch announced there is a Historic Preservation
Commission vacancy and applications have not been
received and would like to extend the application deadline.
Bakersfield, California, February 24, 1999 - Page 12
13.
COUNCIL STATEMENTS continued
Carson reminded everyone of Mayor Price's roast on
Thursday, March 4, 1999 and encouraged them to make
their reservations.
Sullivan complemented on the Chambers remodeled seats.
Mayor price recessed the meeting back to Closed
Session at 8:15 p.m.
ACTION TAKEN
CLOSED SESSION continued
d. Conference with Legal Counsel §54956.9(b)(3)(A) -
Potential Litigation; One potential case..
NO REPORTABLE
ACTION TAKEN
Motion by Salvaggio to adjourn from Closed Session at
9:07 p.m.
14.
ADJOURNMENT
Motion by Salvaggio to adjourn at 9:08 p.m.
M ield, CA
ATTEST:
APPROVED
AB MAGGARD
ABS ROWLES
APPROVED
AB MAGGARD