HomeMy WebLinkAbout04/28/99 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 28, 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:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles (seated at
5:30 p.m.), Sullivan (seated at 5:25 p.m.),
Salvaggio
Absent: None
ACTION TAKEN
WORKSHOP
Motion by Carson to recess to Closed Session at 5:17
p.m.
CLOSED SESSION
Conference with Legal Counsel- Potential Litigation;
Significant exposure to litigation pursuant to
Subdivision (b)(3)(C) of Government Code Section
54956.9; One potential case.
Motion by Sullivan to adjourn from Closed Session at
7:00 p.m.
APPROVED
AB ROWLES
SULLIVAN
NAT
APPROVED
REGULAR MEETING
1. INVOCATION by David Woodruff of First Assembly of God
Church
ACTION TAKEN
PLEDGE OF ALLEGIANCE by Councilmember Salvaggio
Mayor Price observed a moment of silence for the tragic
events that occurred at Columbine High School and for the
many people who have suffered because of this.
Bakersfield, California, April 28, 1999 - Page 2
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
4, CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected
on Page 1.
5. PRESENTATIONS
a=
Presentation by Solid Waste Director Kevin Barnes
regarding the U.S. Composting Council's First
International Composting Awareness Week,
May 2-8, 1999.
Mayor Price presented a Proclamation to Professor
Phillip Sanchez Paris of the Public Employees
Roundtable for Kern/Bakersfield, proclaiming
May 3-9, 1999, as "Public Employees Recognition
Week".
Professor Paris accepted the proclamation and
announced there will be a Barbeque and awards
presentation on May 7th at Yokuts Park.
6. PUBLIC STATEMENTS
The following members of the Mayor's Youth
Counsel spoke regarding Teen Concerns and
provided written material: Chris Wiesinger,
Bakersfield Christian High School; Robert Robb,
South High School; and Morag Day, Highland High
School.
Knute Berry, Bakersfield Y2K Community Task
Force, spoke regarding allowing animals for
consumption in the City and provided written
material.
Dennis Bainbridge spoke regarding the Kern River
Freeway and provided written material.
Bakersfield, California, April 28, 1999 - Page 3
PUBLIC STATEMENTS
d. Barbara J. Fields spoke regarding annexations.
e. Becky Kaiser spoke regarding information.
Sullivan referred to staff the issue of clarity of items on
the Counc~ Agenda.
ACTION TAKEN
12.
APPOINTMENTS
None.
Motion by Carson to add an item that arose after the
agenda was posted and requires action tonight.
NEW BUSINESS
b. Q. Street Grade Separation Project.
Resolution dispensing with bidding
procedures for the preservation of life, health
and property.
Contract with Lutrel Trucking for removal of
hazardous material, not to exceed $50,000,
at the Q Street Underpass project site.
CONSENT CALENDAR
Minutes:
a. April 14, 1999 Council Meeting.
Payments:
Payments from April 3, to April 16, 1999 in the
amount of $5,174,791.65; and Self Insurance
payments from April 3, to April 16, 1999 in the
amount of $228,769.49.
Resolutions:
Resolution of Intention No. 1194 declaring the City's
intention to order the vacation of G Street between
Truxtun Avenue and 17th Street and the abutting alley
in Block 282. (Ward 2)
APPROVED
SEE PAGE 14
ROI 1194
Bakersfield, California, April 28, 1999 - Page 4
CONSENT CALENDAR continued
Resolution of Intention No. 1195 declaring the City's
intention to order the vacation of the Pedestrian
Easements at the cul-de-sacs on Pembroke and
Hooper Avenues in Tract No. 3807. (Ward 4)
Resolution of Intention No. 1196 declaring the City's
intention to order the vacation of a 50 foot portion of
the dedicated (waived) vehicular access rights on
White Lane, west of Ashe Road at the Northwest
corner of Parcel 3 of Parcel Map No. 9290. (Ward 6)
Resolution approving the application for the receipt of
State Grant Funds for the Police Activities League
Youth Center.
Resolution making findings and determination
regarding commitment of unexpended Park
Acquisition and Development Fees.
Resolution adding territory (Area 1-15, Stockdale,
Calloway) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Report and authorizing
collection of assessment by the Kern County Tax
Collector. (Ward 4)
Resolution adding territory (Area 2-18, Buena Vista,
Ming) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection of
assessment by the Kern County Tax Collector. (ward
4)
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with
Castle and Cooke California, Inc., for Tract
5846, Phase B, located at the southwest
corner of Harris Road and Ashe Road. (Ward
4)
Final Map and Improvement Agreement with
Castle and Cooke California, Inc., for Tract
5846, Phase C, located on the west side of
Ashe Road, south of Harris Road. (Ward 4)
ACTION TAKEN
ROI 1195
ROI 1196
RES 44-99
RES 45-99
RES 46-99
ABS ROWLES
RES 47-99
ABS ROWLES
AGR 99-90
AGR 99-9f
ABS MAGGARD
ROWLES
AGR 99-92
ABS MAGGARD
ROWLES
Bakersfield, California, April 28, 1999 - Page 5
89
CONSENT CALENDAR continued
j. 3.
Final Map and Improvement Agreement with
Windward Cove Partners for Tract 5478,
Phase 3, located west of Coffee Road, south
of Olive Drive. (Ward 4)
o
Final Map and Improvement Agreement with
Carriage Homes for Tract 5684, Phase 1,
located south of Palm Avenue, east of
Jewetta Avenue. (Shellabarger Tract) (Ward 4)
ko
Design Consultant Agreement with Boyle
Engineering, not to exceed $75,000, for design,
Geotechnical Study and construction services for
Wastewater Treatment Plant No. 2 Effluent Storage.
(Ward 1 )
License Agreement with WM Bolthouse Farms, Inc.
for constructing and maintaining a bridge across the
City-owned Kern River Canal, located approximately
1.7 miles west of Buena Vista Road. (Outside City
Limits)
Agreement with Kleinfelder, Inc., $43,736, for
materials testing services for the Q Street Grade
Separation Project and the new Bakersfield Amtrak
Station Project. (Ward 2)
Agreement with Fruitvale Properties to construct
public street improvements for Riverlakes Ranch,
Vesting Tentative Tract Maps 5915, 5916, 5917 and
Parcel 5 of Vesting Tentative Parcel Map 10557.
(Ward 4)
Agreement to lease real property from McKnight,
Mcknight, McKnight and McKnight located at the
northeast corner of Truxtun Avenue and Q Street for
temporary parking for 14 months for in kind
payments of approximately $12,000. (Ward 2)
Agreement with Coleman Homes, Inc. to purchase
real property located in the Polo Grounds
Development for $17,500 for use as a water well site.
(Ward 4)
ACTION TAKEN
AGR 99-93
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 99-95
AGR 99-96
AGR 99-97
ABS ROWLES
DELETED
AGR 99-99
AGR 99-100
ABS MAGGARD
9 0
Bakersfield, California, April 28, 1999 - Page 6
CONSENT CALENDAR continued
Agreement approving Memorandum of
Understanding between Bakersfield Police
Department and Greenfield H.E.L.P.S. Collaborative
for services provided by the Police Department
D.A.R.E. Program.
r. Kern River Parkway Acquisition:
Option Agreement with Davies Properties,
Inc., $13,000, to acquire real property.
Purchase Agreement with Davies Properties,
Inc., $84,000, to acquire real property located
north of Golden State Avenue along the Kern
River Channel for the Kern River Parkway.
(Ward 2)
Agreement for ditch eradication and Pipeline
Easement with Kern Delta Water District. (Amtrak
Station Project) (Ward 2)
Amendment No. 3 to Agreement No. 96-81 with
Castle & Cooke California, Inc. for land exchange.
Contract Change Order No. 3, $51,799.36, to
Agreement No. 97-269 (Buena Vista Trunk Sewer
Phase I Project) with Utah Pacific Construction
Company for extra work at time and materials. (ward
4)
Contract Change Order No. 2, $49,197.99, for
Purchase Order No. 991825 issued to Gifford Hill
Concrete Products for supply reinforced concrete
pipe for two Kern Island Canal Culverts. (Ward 2)
Bids:
Award Contract to Insituform Technologies, Inc.,
$163,570 for rehabilitation of existing sewer lines in
the East Stockdale Highway area. (Ward 5)
Award Annual Contracts to Target Specialty
Products, $126,221.24; Abate-A-Weed, Incorporated,
$16,143.22; Van Waters & Rogers, $4,098.93; for
chemical insecticides and herbicides for the Parks
and Water Divisions, total $146,463.39.
ACTION TAKEN
AGR 99-101
AGR 99-102
AGR 99-103
DEED 5038
AGR 99-104
ABS ROWLES
AGR 96-81(3)
ABS MAGGARD
ROWLES
CON 99-105
CON 99-106
CON 99-107
CON 99-108
Bakersfield, California, April 28, 1999 - Page 7
CONSENT CALENDAR continued
Accept bid from Kern River Power Equipment,
Incorporated, $17,503.20; Abate-A-Weed, $9,596;
South Kern Machinery, $4,525.95; and Sierra Saw
Works, $686.40, for power landscape maintenance
equipment, total $32,311.55.
Accept bid from Bob Dron Harley Davidson
Motorcycles, Incorporated $63,105.90 for four police
motorcycles (3 additional, I replacement).
Miscellaneous:
aa
Appropriate $40,000 Fund Balance to the Capital
Improvement Budget within the Offstreet Parking
Fund for lighting/banner standards along N Street,
south of the railroad tracks.
bb.
Appropriate $5,674 Fund Balance and $286
estimated interest revenue to the Capital
Improvement Budget within the Parkland Bond Act
Fund for an additional electric connection site within
Yokuts Park.
CC.
Authorize $121,000 payment to Rain for Rent, Inc.
for pumping services relating to the Amtrak Station
and Q Street Grade Separation Projects. (Ward 2)
dd.
Community Development Block Grant Amendment
No. 11, FY 95/96; Amendment No. 11, FY 96/97, and
Amendment No. 5, FY 97-98 Action Plan. (Ward 1, 2)
ee. Transient Outdoor Business Permits.
Maggard announced abstention on Consent Calendar Items
j. 1., 2., p. and t. due to source of income.
Rowles announced abstention on Consent Calendar Items
h. i., j. 1., 2., and t. due to source of income to employer; and
m., s., and cc., due to employer participation in process.
Motion by Carson to adopt Consent Calendar Items a.
through ee., with the deletion of Item n. and separate
consideration of Item j.4.
ACTION TAKEN
ABS ROWLES
REFERRED TO
BUDGET AND FINANCE
COMMITTEE
APPROVED
Bakersfield, California, April 28, 1999 - Page 8
CONSENT CALENDAR continued
j. 4.
Final Map and Improvement Agreement with
Carriage Homes for Tract 5684, Phase 1,
located south of Palm Avenue, east of
Jewetta Avenue. (Shellabarger Tract) (Ward 4)
ACTION TAKEN
AGR 99-94
Motion by Couch to. approve Consent Calendar Item j.4. APPROVED
HEARINGS
Assessment District No. 98-1 (Brimhall IV, Stockdale
Highway Commercial, Gosford Industrial). (ward 4)
1. Protest hearing for proposed Assessment
District No. 98-1.
Amendment No. 1 to Resolution of Intention
No. 1182, approving Final Engineer's Report,
levying assessments, ordering improvements
and authorizing and directing relating actions.
3, Resolution determining assessments
remaining unpaid.
4. Resolution authorizing issuance of bonds.
Resolution approving form and substance of
Preliminary Official Statement and Bond
Purchase Contract, authorizing modifications,
execution and related documents and
actions.
Hearing opened at 7:45 p.m.
No one spoke at hearing.
Hearing closed at 7:45 p.m.
Motion by Couch to override protests and adopt
the Resolutions.
RO! 1
RES 48-99
RES 49-99
RES 50-99
AGR 99-126
APPROVED
ABS ROWLES
Bakersfield, California, April 28, 1999 - Page 9
HEARINGS continued
b. General Plan Amendment No. P98-0838: City of
Bakersfield requests to amend the Metropolitan
Bakersfield 2010 General Plan Parks Element to
change the minimum size of neighborhood parks
from 6 acres to 10 acres.).
Hearing opened at 7:46 p.m.
No one spoke at hearing.
Hearing closed at 7:46 p.m.
Motion by Couch to adopt the resolution.
ACTION TAKEN
RES 51-99
APPROVED
General Plan Amendment No. P98-0960: City of
Bakersfield proposes to approve a Negative
Declaration and amend the Circulation Element of
the General Plan by deleting a future north-south
collector street between Paladino Drive and
Panorama Drive, approximately ¼ mile west of
Morning Drive. (Ward 3)
Hearing opened at 7:50 p.m.
No one spoke at hearing.
Hearing closed at 7:50 p.m.
Motion by Maggard to adopt the resolution.
RES 52-99
APPROVED
General Plan Amendment No. P98-0968: Castle &
Cooke has requested an amendment to the
Circulation Element of the General Plan to delete a
major portion of a future collector street which would
run south from the future Ming Avenue, 3/4 of a mile
west of Buena Vista Road, with the Negative
Declaration approved by the Planning Commission.
(Ward 4)
Hearing opened at 7:51 p.m.
No one spoke at hearing.
Hearing closed at 7:51 p.m.
Maggard announce conflict of interest due to source
of income.
RES 53-99
9zt
Bakersfield, California, April 28, 1999 - Page 10
HEARINGS continued
d. Rowles announced conflict of interest due to source
of income to employer.
Motion by Couch to adopt the resolution.
General Plan Amendment P98-0749: The Kern
County Superintendent of Schools has requested
amendments to the General Plan and zoning on 15
acres, located between 21't and 24th Streets, R Street
and the Kern Island Canal from Industrial to
Commercial. (Ward 2)
Resolution approving the Negative
Declaration and amending the General Plan
from Light Manufacturing to Mixed Use
Commercial.
Ordinance changing the zoning from Light
Manufacturing to Central Commercial.
Hearing opened at 7:52 p.m.
No one spoke at hearing.
Hearing closed at 7:52 p.m.
Motion by DeMond to adopt the resolution and
first reading of the ordinance.
General Plan Amendment/Zone Change P98-0976:
Kenneth Cooper has requested amendments to the
General Plan and zoning for the 3.4 acre nursery
property between the Kern River Canal and
Stockdale Highway, west of Coffee Road, from Open
Space with Agricultural Zoning to Professional and
Administrative Office. (Ward 4)
Resolution approving the Negative
Declaration and amending the Land Use
Element and Kern River Plan Element from
Open Space to Office Commercial and from
Resource Management to Office Commercial.
ACTION TAKEN
APPROVED
ABS MAGGARD
ROWLES
RES 54-99
FR
APPROVED
NAT
Bakersfield, California, April 28, 1999 - Page 11
95
HEARINGS continued
f. 2.
Resolution upholding the Planning
Commission's recommendation to disapprove
the Negative Declaration and zone change
from Agriculture to Professional and
Administrative Office.
Correspondence was received on April 27, 1999,
from Brad Cooper, Cooper's Garden Center,
requesting Council remove this item and continue his
appeal to the next GPA Cycle, August 11, 1999.
Hearing opened at 7:53 p.m.
Motion by Couch to remove this item and
continue the appeal to the next GPA Cycle,
August 11, 1999.
ACTION TAKEN
APPROVED
General Plan Amendment/Zone Change No.
P98-0991: Smith Tech/USA Inc., has requested
amendments to the General Plan and zoning from
Commercial to Residential on 5.02 acres located
approximately 1,000 feet west of Oswetl Street. (Ward
3)
Resolution approving the Negative
Declaration and General Plan amendment
from Major Commercial to High Density
Residential.
Ordinance changing the zoning from One
Family Dwelling-Church to Planned Unit
Development.
Hearing opened at 7:54 p.m.
No one spoke at hearing.
Hearing closed at 7:54 p.m.
Motion by Maggard to adopt the resolution and
first reading of the ordinance.
RES 55-99
FR
APPROVED
96
Bakersfield, California, April 28, 1999 - Page 12
HEARINGS continued
General Plan Amendment/Zone Change No.
P99-0054: Porter-Robedson Engineering and
Surveying, Inc., has requested an amendment to the
General Plan on approximately 165 acres located
south of Snow Road, west of Calloway Drive. (Ward 4)
Resolution approving the Negative
Declaration and amending the General Plan
to increase dwelling unit density from 3.27 to
3.95 per gross acre, but denying the change
of 1.25 acres from Low Density Residential to
General Commercial.
Resolution approving the Negative
Declaration and denying the amendment to
realign the future Norris Road.
Ordinance changing the zoning from One
Family Dwelling to One Family Dwelling-
Church on 10 acres at the southwest corner
of Snow Road and Calloway Drive·
Hearing opened at 7:58 p.m.
William Kush spoke in support of staff
recommendation and provided written material.
Hearing closed at 8:01 p.m.
Motion by Couch to adopt the resolutions and
first reading of the ordinance.
ACTION TAKEN
RES 56-99
RES 57-99
FR
APPROVED
10. REPORTS
None.
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 103-34 by
changing the zoning of 0.68 acres, located on 200
block on the east side of Quantico Avenue from a
Light Manufacturing zone to a Limited Multiple Family
Dwelling zone. (P98-0940) (First reading April 14,
1999) (Ward 1)
ORD 3893
Motion by Carson to adopt the ordinance. APPROVED
Bakersfield, California, April 28, 1999 - Page 13
97
11.
DEFERRED BUSINESS continued
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-18 by
changing the zoning on 4.9 acres, located on the
northwest corner of Campus Park Drive and Almaden
Drive from a One Family Dwelling zone to a One
Family Dwelling-Church zone. (First reading April 14,
1999) (Ward 4)
Motion by Couch to adopt the ordinance.
Ordinance adding Annexation No. 400 to Ward 4,
located south of Rosedale Highway, east of the
Friant-Kern Canal. (Rosedale No. 6) (First reading
April 14, 1999) (Ward 4)
Rowles announced a possible conflict of interest due
to source of income.
Motion by Couch to adopt the ordinance.
ACTION TAKEN
ORD 3894
APPROVED
ORD 3895
APPROVED
AB ROWLES
Mayor Price moved NEW BUSINESS forward on the Agenda.
12.
NEW BUSINESS
Park credits for multiple-service medical and
recovery care facilities:
Ordinance amending Section 15.80.020 and
adding Section 15.80.125 to Title 15 of the
Bakersfield Municipal Code relating to park
land dedication in-lieu fee credit for multiple-
service medical and recovery care facilities.
,
Ordinance amending Section 15.82.020 and
adding Section 15.82.065 to Title 15 of the
Bakersfield Municipal Code relating to park
development fee credit for multiple-service
medical and recovery care facilities.
Maggard announced conflict of interest due to source
of income to former employer.
FR
FR
Bakersfield, California, April 28, 1999 - Page 14
12.
NEW BUSINESS continued
b. Q. Street Grade Separation Project.
Resolution dispensing with bidding
procedures for the preservation of life, health
and property.
Contract with Lutrel Trucking for removal of
hazardous material, not to exceed $50,000,
at the Q Street Underpass project site.
Motion by Carson to adopt the resolution and
approve the Contract.
ACTION TAKEN
RES 58-99
CON 99-109
APPROVED
11.
DEFERRED BUSINESS continued
d. Council Ward Reapportionment.
Motion by Salvaggio to direct staff to draft an
ordinance based on the configuration.
13.
COUNCIL STATEMENTS
DeMond thanked the Sanitation Division for the work done at
Pacific Street.
Salvaggio referred to staff a letter received regarding the
safety of children at school and requested staff prepare
a response letter for him; Rowles suggested a letter also
be sent to Dr. Doug Miller, Panama-Buena Vista School
District.
Salvaggio referred to staff a letter from a resident on
Shaman Court regarding the signs when entering
Bakersfield, and requested staff prepare a response and
possibly make changes to the signs.
Salvaggio referred to Public Works a ca~ from William
Carroll, 1636'~ So. Union, 832-5831, regarding sewer
services and requested staff review the issue of curb
and gutters and the possibility of using CDBG funds.
Salvaggio referred to City Manager Alan Tandy, a letter from
the Chades Lackey to the Board of Supervisors, regarding a
pre-application for funds for Shafter and Rexland Acres for
sewer infrastructure.
99
Bakersfield, California, April 28, 1999 - Page 15
13.
COUNCIL STATEMENTS continued
Couch stated it may be important for the City to work with the
Y2K Task Force in regards to basic precautions.
Couch congratulated Councilmember Salvaggio for receiving
the Labor Leader of the Year award.
Couch requested the fofiowing:
· Minutes of the Kern COG meetings be provided in
the future, and the possibility of Councilmember
Rowles providing a monthly Kern COG update.
· Receive minutes of the County Planning
Commission.
· The possibility of forming a joint City/County
committee, including Supervisor Patrick and
Councilmember Carson, to review level of
participation in the new airport terminal
Maggard stated residents in North/East Bakersfield met
and want to convey to City staff to evaluate as a
preferred route, the alignment of the East Beltway with
Comanche, and then extending the South Beltway
another ~ m~e to Comanche, ending at Malaga.
Maggard requested staff prepare a letter to Cal Water
encouraging equal access water fees throughout the
community.
Maggard announced that there will be a meeting on
Thursday, April 29, 1999, at 7:00 p.m. regarding the
Panorama Park project.
Sullivan referred to the Urban Development Committee
a proposal to develop a plan to beautify the main
entrances into Bakersfield.
Sullivan referred to staff the Y2K concerns from Mr.
Barry.
Sullivan announced she will be in North Carolina next week
for her Granddaughter's graduation from Boot Camp.
Rowles referred the Y2K issues to the Legislative and
Litigation Committee.
Rowles thanked Public Works Director Raul Rojas and
Economic Development Director Jake Wager for their
participation in the groundbreaking at the First
Congregational Church.
ACTION TAKEN
[00
Bakersfield, California, April 28, 1999 - Page 16
13.
COUNCIL STATEMENTS continued
Rowles thanked Councilmembers Maggard and Couch for
moving the May 3~d meeting to May 10th.
Rowles stated he will be glad to circulate the Kern COG
minutes to Council and requested Public Works assist him in
distributing a copy of the packet.
Rowles stated he had the opportunity to attend the 2020
Vision Conference with Assistant City Manager John
Stinson, and it was very positive.
Rowles referred to the Police Department, the issue of
speeding around Franklin School
Rowles thanked the Police Department for their response to
the speeding problem on Garnsey, north of Stockdale
Highway.
Rowles thanked the Police Department for attending the
Apartment Building Owners meeting and stated there will be
another meeting next week at Westminster Church.
DeMond referred to staff the possibility of mitigating
situations on the remaining parcels of the Kern River
Parkway.
DeMond requested Public Works get together with the DBA
regarding High Speed Rail, also the DBA group will be
having a vision meeting on Tuesday, at the Beale Library
and staff may want to attend, Public Works Director Rojas
acknowledged.
Carson reminded Council of the goal setting meeting on
Saturday, May 1st.
ACTION TAKEN
14. ADJOURNMENT
Motion by Carson to ,/~j]ou~,a~t 8:59 p.m.
.~,d~AYOR of the City of Bakersfield, CA
ATTEST:
Council of the City of Bakersfield
APPROVED