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