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HomeMy WebLinkAbout03/17/99 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 17, 1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5:21p.m.), Couch, Rowles (seated at 5:38 p.m.), Sullivan (seated at 5:25 p.m.), Salvaggio None ACTION TAKEN 2. WORKSHOP a. City Internet Home Page Assistant City Manager Alan Christensen provided a brief overview, and introduced Management Information Services Director Bob Trammell who provided a computer presentation CLOSED SESSION Motion by Carson to add Closed Session Item e. that arose after the agenda was posted and requires action tonight. Conference with Legal Counsel §54956.9 (a) - Existing Litigation; Cal/Oak Development Properties, L.P. vs City of Bakersfield, et al.; Kern County Superior Court Case No. 235614-AEW Motion by Carson to recess to Closed Session at 5:43 p.m. Conference with Legal Counsel §54956.9 (a) - Existing Litigation; Judy Williams vs. City of Bakersfield, et al.; Kern County Superior Court Case No. 236112 RA APPROVED NO REPORTABLE ACTION APPROVED NO REPORTABLE ACTION Bakersfield, California, March 17, 1999 - Page 2 3. CLOSED SESSION continued Conference with Legal Counsel §54956.9 (a) Existing Litigation; Palm/Olive Concerned Citizens vs. City of Bakersfield; Kern County Superior Court Case No. 236109 Conference with Legal Counsel §54956.9 (c) - Potential Litigation; Initiation of litigation; Four potential cases. Mayor Price announced the City Council,. by a vote of 7 to O, authorized the City Attorney to initiate litigation in four cases in the event the potential defendants do not comply with certain required circumstances. Closed Session pursuant to Government Code §54957(a); Public Employee Performance Evaluation - City Manager Mayor Price announced this item was continued to the next Council meeting. Motion by Salvaggio to adjourn from Closed Session at 6:58 p.m. REGULAR MEETING INVOCATION by Mike Wade, Deacon, of First Assembly of God Church 2. PLEDGE OF ALLEGIANCE by Councilmember Maggard 3. ROLL CALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio Absent: None ACTION TAKEN NO REPORTABLE ACTION APPROVED ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Pages 1 and 2. PRESENTATIONS None. Bakersfield, California, March 17, 1999 - Page 3 6. PUBLIC STATEMENTS ACTION TAKEN The following individuals spoke regarding the Rosedale/Rio Bravo Water Storage District/Freeway Alignment: AI Wagner; Fred Starrh, Director Division 1 of Kern County Water Agency; Bill Phillimore, Chairman, Kern Water Bank Quality, all submitted written correspondence; Wes Selvidge, President, Rio Bravo Water Storage District; David Hardam, Boyle Engineering; William Palmer, representative Rosedale/ Rio Bravo Water Storage District, submitted written material; and James Crettol, President, Kern County Farm Bureau. The following individuals spoke regarding annexation: Becky Kaiser; and Barbara Fields. 7. APPOINTMENTS Two appointments to the Historic Preservation Commission. Motion by Couch to reappoint Scott Fieber, and appoint Timothy ScanIon, terms expiring March 30, 2003. APPROVED 8. CONSENT CALENDAR Minutes: a. February 24, 1999 Council Meeting. Payments: Payments from February 13, to March 5, 1999 in the amount of $18,520,369.01; and Self Insurance payments from February 13, to March 5, 1999 in the amount of $228,593.36. Resolutions: Resolution amending the boundaries of the City of Bakersfield Domestic Water Service area. (Ward 4) RES 24-99 Resolution of Application proposing proceedings for annexation of territory by annexing to the City of Bakersfield property identified as Annexation No. 403 (Interstate 5), located southwest of Interstate 5 and Taft Highway (Highway 119). (Ward 4) RES 25-99 Bakersfield, California, March 17, 1999- Page 4 CONSENT CALENDAR continued Resolution preserving and protecting Centennial Plaza for use by all citizens. Resolution establishing ambulance service charges. Resolution consenting to a Joint Public Hearing on the Redevelopment Plan for the Old Town Kern - Pioneer Redevelopment Project. h, Resolution consenting to a Joint Public Hearing on the Redevelopment Plan for the Southeast Bakersfield Redevelopment Project. Agreements: Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Sierra Country Estates, LLC for Tract 5362 Unit 1, located on the east side of Wible Road, south of Hosking Avenue. (Ward 7) Final Map and Improvement Agreement with St. Clair Development for Tract 5907 Phase A, located west of Stine Road, north of Panama Lane. (Ward 6) Final Map and Improvement Agreement with Normal Development for Tract 5907 Phase B, located west of Stine Road, north of Panama Lane. (Ward 6) Agreement to indemnify LAFCO for City Annexation No. 400, (Rosedale No. 6) Proceeding 1255, located south of Rosedale Highway, east of the Friant-Kern Canal. (Ward 4) Agreement between City of Bakersfield, Golden Bear Oil Specialities, and North Kern Water Storage District to allow discharge of treated refinery wastewater to Beardsley-Lerdo Canal. Agreement with J. C. Eckmann Produce, $85,000, for relocation assistance and loss of goodwill. (Amtrak Station) (Ward 2) mo Agreement to sell City owned real property at 3808 Panorama Drive. (Ward 3) ACTION TAKEN RES 26-99 RES 27-99 RES 28-99 RES 29-99 AGR 99-53 AGR 99-54 AGR 99-55 ABS MAGGARD AGR 99-56 AGR 99-57 ABS ROWLES AGR 99-58 AGR 99-59 AGR 99-60 DEED 5019 Bakersfield, California, March 17, 1999 - Page 5 55 CONSENT CALENDAR continued Settlement Agreement with Chancellor Media Corporation to acquire billboard sign, $72,000, located south of 731 16th Street for the Q Street Underpass Project. (Ward 2) Panama Lane widening (south side) from 215 feet to 779 feet west of Monitor Street. (Ward 7) Agreement with Pacific Gas & Electric Co., $31,232, to relocate two power poles from one PG& E easement into another PG& E easement. Appropriate $50,000 and $23,000 Fund Balance to the Capital Improvement Budget within the Gas Tax Fund and the Transportation Development Fund respectively. p. Kern Refuse Disposal, Inc. Amendment No. 1 to Agreement No. 98-200, with Kern Refuse Disposal, Inc., $370,000, for the Phase V loan for automated refuse and greenwaste collection equipment. Appropriate $45,000 Fund Balance to the Non-Departmental Budget within the Equipment Management Fund. Bids: Award Contract to GCE Technologies, $342,421, for construction of two concrete block pumphouses; installation of two deepwell turbine pumps and motors; two electrical panel boards; miscellaneous piping and appurtenant facilities for Ashe Water Well Nos. CBK-40 and L-206 for the Water Resources Department. (Ward 4) Award Contract to Conejo Constructors, $123,500, for installation of two auxiliary electric generating systems at Station CBK-22 and CBK-24 for the Water Resources Department. (Ward 4) ACTION TAKEN AGR 99-61 AGR 99-62 AGR 98-200(1) CON 99-63 CON 99-64 ,6 Bakersfield, California, March 17, 1999- Page 6 CONSENT CALENDAR continued Award Contract to Brown and Fowler Construction, $84,835, for addition of two vertical turbine can pumps at the Interface Facility for the Water Resources Department. (Ward 4) Award Annual Contract to Zumar Industries, Incorporated, not to exceed $46,048.86, for traffic signs for the Public Works Department. Award Contract to Granite Construction Company, $429,385.50, for Panama Lane and Stine Road street improvements. (Ward 6) Award Annual Contract to Jim Alfter Cement, not to exceed $371,470, for HUD-CDBG curbs, gutters and sidewalks. Accept bid from Jim Burke Ford, $29,392.93, for one replacement utility vehicle for the Fire Department. Miscellaneous: AppropriatE; $22,000 Asset Forfeiture Funds to the Capital Budget within the Capital Outlay Fund, for the purchase of enhancements to the Records Management System Property and Evidence Module. Dedication of property easement to PG & E to provide service to City property located at the southeast corner of S Street and Truxtun Avenue. (Ward 2) Approve $10,000 contribution to the Kern Transportation Foundation to study citizen support of a one-half cent sales tax for transportation related issues. aa. Community Development Block Grant Amendment No. 10 - FY 95/96; Amendment No. 10 - FY 96/97; and Amendment No. 3 - FY 98/99 Action Plan. (Wards 1, 2, 7) Maggard announced abstention on Consent Calendar Item i.2. due to source of income to former employer. Rowles announced abstention on Consent Calendar Item j. due to source of income to employer; and correction to Minutes, Page 12; 3.d. vote to reflect Rowles abstained. Motion by Carson to adopt Consent Calendar Items a. through aa, with a correction to Item. a. ACTION TAKEN CON 99-65 CON 99-66 CON 99-67 CON 99-68 DEED 5020 APPROVED Bakersfield, California, March 17, 1999 - Page 7 HEARINGS Appeal by Phillip Carter, dba MVP Social Club, of denial of application for a Cabaret Permit. Hearing opened 7:38 p.m. The following individuals spoke in opposition of staff recommendation: Phillip Cader, Wesley Crawford Mohammed, and Ricky Peterson. The following individuals spoke in support of staff recommendation: Capt. Dave Jackson, Bakersfield Police Department; Lt. Brad Wahl, Bakersfield Police Department, submitted photographs. Wesley Crawford Mohammed spoke in rebuttal in opposition. Lt. Brad Wahl spoke in rebuttal in support. Motion by Carson to uphold the decision to deny issuance of a Cabaret Permit. ACTION TAKEN APPROVED Resolution approving City Annexation No. 400 (Rosedale No. 6), Proceeding No. 1255, located south of Rosedale Highway, east of the Friant-Kern Canal. (Ward 4) Rowles announced conflict of interest due to client purchasing property near by. Hearing opened 8:27 p.m. No one spoke at hearing. Hearing closed at 8:27 p.m. Motion by Couch to adopt the resolution ordering the territory annexed to the City of Bakersfield. RES 30-99 APPROVED ABS ROWLES 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, 5, 6, 7) RES 31-99 Hearing opened 8:28 p.m. Bakersfield, California, March 17, 1999 - Page 8 HEARINGS continued c. No one spoke at hearing. Hearing closed at 8:28 p.m. Motion by Carson to adopt the resolution. ACTION TAKEN APPROVED 10. Resolution approving Parcel Map 10584, and upholding the decision of the Planning Commission to limit access off of Gosford Road and denying the appeal by Lars Andersen & Associates. (Ward 6) Hearing opened 8:30 p.m. The following individuals spoke in opposition to staff recommendation: Scott Mommer, Lars Andersen & Associates; and Richard Pool, President, Associated Transpodation Engineers. Hearing closed at 8:38 p.m, Motion by Sullivan to uphold the appeal and approve Parcel Map 10584 by changing Condition No. 5 of Public Works Conditions on Exhibit 1 to allow the south driveway access to the site subject to the developer obtaining the necessary right-of-way and constructing the right turn deceleration lane in compliance with Caltrans standards. If the Developer cannot obtain the necessary right-of-way without City assistance, the south entrance shall be eliminated; also, include an access easement to be able to cross Parcel C to enter Parcel A. REPORTS None. RES 32-99 APPROVED 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield 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 along the northwest and southwest corners of Buena Vista Road and Ming Avenue (extended). (First reading 2/24/99) (Ward 4) ORD 3883 Bakersfield, California, March 17, 1999 - Page 9 5 ,q 11. DEFERRED BUSINESS continued ACTION TAKEN Rowles announce abstention due to prior source of income to employer Motion by Couch to adopt the ordinance. APPROVED ABS ROWLES 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. (First reading 2/24/99) (Ward 4) ORD 3884 Ordinance adding Chapter 13.12 of the Bakersfield Municipal Code adopting existing design manuals and reference standards. (First reading 2/24/99) ORD 3885 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. (First reading 2/24/99) (Ward 4) ORD 3886 Motion by Couch to adopt Deferred Business items b., c., and d. APPROVED Greater Bakersfield 2020 Vision, Community Development Summit Report. Motion by Rowles to adopt the statements of principle in report. APPROVED f. Ward Reapportionment. Motion by Rowles to move Deferred Business Item f. back on the agenda, prior to Council Statements. APPROVED 12. NEW BUSINESS Ordinance amending Chapter 5.45 of the Bakersfield Municipal Code relating to sidewalk pushcart food vendors. FR ,0 Bakersfield, California, March 17, 1999- Page 10 12. NEW BUSINESS continued b. Fireworks: Ordinance adding and repealing Chapter 8.45 of the Bakersfield Municipal Code relating to fireworks. (year 2000 celebration) Ordinance amending Section 8.44.040(I) of the Bakersfield Municipal Code relating to fireworks. (electrical permit requirement) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-18 by changing the zoning of 13.91 acres, located on the west side of Calloway Drive and south of Noriega Road from a One Family Dwelling zone to a One Family Dwelling-Church zone. (ZC P98-0891) (Ward 4) Ordinance adding Annexation No. 399 (Vista Finestra) to Ward 3, located north of Highway 178, east of Highway 184. (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-17 by changing the zoning of 3,500 square feet located between 8413 and 8417 Ship Rock Drive from an Open Space zone to a One Family Dwelling zone. (ZC P98-0946) (Ward 4) 1999 Legislative Platform. Motion by Couch to approve the 1999 Legislative Platform with the addition of the fo~owing under the finances portion: "Supports legislation which promotes the use of local banks where possible and local branches of national banks and financial institutions for City investment." g. City Council Goal Setting Session. Motion by Carson to schedule April 24, 1999 for a goal setting session. Motion by Rowles to reconsider the previous vote. Motion by Carson to schedule May 1, 1999 for a goal setting session. ACTION TAKEN FR FR FR FR FR APPROVED APPROVED ABS DEMOND APPROVED APPROVED Bakersfield, California, March 17, 1999- Page 11 6] 11. DEFERRED BUSINESS continued f. Ward Reapportionment. Motion by Maggard to continue this issue in a Workshop session on March 31, 1999. ACTION TAKEN APPROVED 13. COUNCIL STATEMENTS Mayor Price referred to staff a letter from Kern County Rally 'Round the Rig to respond prior to the rally. Maggard stated citizens have raised concerns regarding lack of parking at the Centennial Garden. City Manager Tandy responded. Carson requested staff forward information regarding the Crime Free Multi-Housing Program that was mentioned in the Employee Newsletter to 4099 Pacheco. 14. ADJOURNMENT Motion by Carson to adjourn at 10:02 p.m. MA,y6~ ~tl~ Cit~; oT Bak~sF~eld, CA ATTEST: CITY CLERK and Ex Officio Clerl~,~f~t~e Council of the City of Bakersfield APPROVED