Loading...
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 APPROVED AB MAGGARD WITHDRAWN Motion by Salvaggio to add an item that arose after the agenda was posted and requires action tonight.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