HomeMy WebLinkAbout08/11/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 11, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
191
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Salvaggio
Councilmembers Rowles, Sullivan
ACTION TAKEN
2. WORKSHOP
Presentation by Economic and Community
Development Staff regarding the results from the
latest business retention survey.
Economic Development Director Jake Wager
provided a brief introduction and Principal Planner
David Lyman provided a computer presentation.
Motion by Carson to recess to Closed Session at 5:28
p.m.
APPROVED
CLOSED SESSION
City Attorney Bart Thiltgen announced Closed Session Item
3.c. was listed as anticipated litigation, authorized by Section
54956.9(b)(3)(B) of the Government Code, subsequent to the
posting of the Agenda a claim has been received from Pedro
Vargas Carlos, et. al, for purposes of the Brown Act this
closed session is authorized pursuant to Section
549569(b)(3)(C).
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Starlyn Hruska,
et al. vs. City of Bakersfield, et al.; United States
District Court, Eastern District, Case No.
CV-F-98~5364 REC SMS
NAT
192
Bakersfield, California, August 11, 1999- Page 2
CLOSED SESSION continued
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of
Government Code Section 54956.9; Ruby Rodriguez
vs. City of Bakersfield, et al.; Kern County Superior
Court Case No. 238531 SPC and Claim of Venus
Trigueiro
Conference with Legal Counsel - Anticipated
Litigation Significant exposure to Subdivision (b) of
Government Code Section 54956.9. One Case. This
closed session is authorized pursuant to Section
54956.9(b)(3)(B) of the Government Code.
ACTION TAKEN
NAT
NAT
Motion by Couch to adjourn from Closed Session at 6:45
p.m.
APPROVED
REGULAR MEETING
1. INVOCATION by Bishop Weyland Gray of The Church of
Jesus Christ of Latter-Day Saints
2. PLEDGE OF ALLEGIANCE Stan Cott, Boy Scout Troop 712
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced there was no reportable action.
PRESENTATIONS
Development Associate Donna Barnes and Civil
Engineer Arnold Ramming presented to the City
Council the American Planning Association 1999
Planning Project Award for the Chester Avenue
Streetscape Project and submitted written material.
Bakersfield, California, August 11, 1999 ~ Page 3
193
PUBLIC STATEMENTS
a. Thomas R. Johnson spoke regarding Penal Code
602, trespassing/Valley Plaza incident.
DeMond requested Assistant City Manager Alan
Christensen assist Mr. Johnson in this issue.
b. Becky Kaiser spoke regarding oppression.
c. Barbara J. Fields spoke regarding voting.
d. Richard Pellerin spoke regarding annexation.
e. Renee D. Nelson spoke the Kern River pubtic open
space.
APPOINTMENTS
None.
CONSENT CALENDAR
Motion by Carson to add an item that arose after the
agenda was posted and requires action this evening.
x. Accept base bid with selective alternate resinous
flooring and award contract to Colombo Construction
Company, Inc., $5,078,000 for construction of the
Bakersfield Amtrak Station.
Minutes:
a. July 21, 1999 Council Meeting.
Payments:
b. Payments from July 10, to July 30, 1999 in the
amount of $8,186,491.26 and self insurance
payments from July 10, to July 30, 1999 in the
amount of $138,294.50.
Resolutions:
c. Resolution adding territory, Area 2-19 (Gosford,
District SE) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector. (Ward 6)
ACTION TAKEN
APPROVED
REMOVED FOR
SEPARATE
CONSIDERATION
RES 114-99
194
Bakersfield, California, August 11, 1999 - Page 4
CONSENT CALENDAR continued
Resolution of application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No. 407,
located along the north side of Rosedale Highway,
east of Coffee Road. (Rosedale No. 7) (Ward 4)
Resolution of application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No. 408,
located along the south side of Feliz Drive, west of
Washington Street. (Washington No. 2) (Ward 1)
Resolution determining that Global Positioning
Satellite System for field surveying applications
cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to
dispense with bidding, not to exceed $92,500.
Resolution determining that a Skateboard Park may
be constructed at Beach Park in Bakersfield through
the use of a Design/Build Contract. (Ward 5)
Agreements:
Agreement with outside Counsel, Duane, Morris &
Heckscher, in the matter of City of Bakersfield vs.
Kern Delta Water District, et al., Kern County
Superior Court Case No. 239088, not to exceed
$100,000.
Agreement with the State of California, Department of
Transportation, Program Supplement Agreement No.
015-M to Administrating Agency-State Agreement No.
06-5109 covering preliminary engineering,
construction engineering and construction-resurfacing
various streets in the City of Bakersfield, Phase One.
(Wards 1-7)
Agreement with the State of California, Department of
Transportation, Program Supplement No. 052 for
partial reimbursement of the City project to widen
Panama Lane between Stine Road and Wible Road.
(Ward 6)
Agreement with Cotton/Beland/Associates, Inc.
($53,000) for services regarding Consolidated Plan
2005 preparation.
ACTION TAKEN
RES '115-99
ABS ROWLES
RES 116-99
RES 117-99
RES 116-99
AGR 9'9-191
AGR 99-~92
AGR 99-193
AGR 99-194
195
Bakersfield, California, August 11, 1999 - Page 5
CONSENT CALENDAR continued
I. Greenfield Union School District: (Ward 7)
Agreement with Greenfield Union School
District ($49,248) to conduct recreation within
the Greenfield Union School District.
Appropriation of $49,248 from the Greenfield
Union School District to Recreation Division
Operating Budget within the General Fund.
Grant Agreement with California Integrated Waste
Management and appropriate $25,000 tire recycling
(playground cover) state grant to the Parks Capital
Improvement Budget in the CDBG Fund. (Wards
1,4,5,7)
Agreement with Premium Construction ($94,611.75)
for removal of existing playground equipment and
installation of new equipment and surfacing at
University Park. (Ward 3)
o. Bakersfield Amtrek Station Project: (Ward 2)
Fund Transfer Agreement with the State of
California (State Agreement No. 75A0040)
for funding of the new Bakersfield Amtrak
Station.
Amendment No. 1 to Fund Transfer
Agreement with the State of California (State
Agreement No. 75A0040) for funding of the
new Bakersfield Amtrek Station.
Amendment No. 1 to Agreement No. 99-145 with
Golden Empire Affordable Housing, Inc. (GEAHI) for
a 80-unit Senior Housing Project, north of Central
Park. (Ward 2)
Bids:
Award Annual Contract to Groeniger & Company for
fire hydrants and burys, not to exceed $191,136.
Award Contract to Granite Construction, $1,047,722
for resurfacing various local streets 1999-2000,
Phase One. (Wards %5)
ACTION TAKEN
AGR 99-195
AGR 99-196
AGR 99-197
AGR 99-198
ABS ROWLES
AGR 99-198(1)
ABS ROWLES
AGR 99-145(1)
ABS ROWLES
CON 99-200
CON 99-201
196
Bakersfield, California, August 11, 1999 - Page 6
CONSENT CALENDAR continued
Award Contract to Granite Construction, $1,063,986
for resur[acing various local streets 1999-2000,
Phase Two. (Wards 1,4, 5,6,7))
Reject all bids for Traffic Signal Interconnect
Installation on Truxtun Avenue, N Street to Beale
Avenue. (Ward 2)
Miscellaneous:
Appropriate $60,000 Fund Balance to the Capital
Improvement Budget within the Transportation
Development Fund for the purchase of signal poles
and equipment for the new traffic signal on Allen
Road at Brimhall Road. (Ward 4)
Consent to Common Use for public street over an
existing easement between the City of Bakersfield
and Chevron Pipe Line Company, north of Hageman
Road, west of Calloway Road. (Ward 4)
Acceptance of Historic Preservation Commission
1998/99 Fiscal Year Annual Repod.
Rowles announced abstention on Consent Calendar Items d.;
and o., due to employer owning properly within 300 feet. and
Item p. due to source of income to employer.
ACTION TAKEN
CON 99-202
AGR 99-203
Motion by Carson to adopt Consent Calendar Items a.
through x., with separate consideration of item x.
APPROVED
Accept base bid with selective alternate resinous
flooring and award contract to Colombo Construction
Company, Inc., $5,078,000 for construction of the
Bakersfield Amtrak Station.
CON 99-204
Motion by DeMond to adopt Consent Calendar Item x. APPROVED
AB ROWLES
Bakersfield, California, August 11, 1999 - Page 7
197
HEARINGS
a. General Plan Amendment P99-0028: (Ward 4)
Resolution approving the Negative
Declaration and approving the City of
Bakersfield proposal to amend the Circulation
Element of the Metropolitan Bakersfield 2010
General Plan by deleting the collector and
arterial designations for Pacheco Road
between Gosford Road and Old River Road
and Buena Vista Road.
Engineering Services Manager Jack LaRochelle
provided a brief update and computer presentation.
Hearing opened at 7:40 p.m.
The following individuals spoke in support of staff
recommendation: Roger Mclntosh, Martin-Mclntosh;
Renee Nelson and Steven Antongiovanni.
Hearing closed at 7:44 p.m.
Motion by Couch to adopt the resolution.
ACTION TAKEN
RES 119-99
APPROVED
General Plan Amendment and Zone Change No.
P99-0087: (Ward 4)
Porter Robertson Engineering & Surveying, Inc. has
requested the General Plan and zoning for 52 acres,
south of Johnson Road, and west of Renfro Road be
amended to delete a requirement that lot sizes be
12,000, 10,000 and 8,500 square feet.
Resolution approving the Negative
Declaration and denying the request to delete
Condition of Approval No. 7 of General Plan
Amendment 4-90, Segment IV restricting lot
sizes to 12,000, 10,000 and 8,500 square feet
minimums within the Low Density Residential
Land Use Element designation.
Development Services Director Jack Hardisty
provided a brief update and computer presentation.
Hearing opened at 7:46 p.m.
RES 120-99
No one spoke at hearing.
198
Bakersfield, California, August 11, 1999 - Page 8
HEARINGS continued
b. Hearing closed at 7:46 p.m.
Motion by Couch to adopt the resolution.
ACTION TAKEN
APPROVED
General Plan Amendment and Zone Change No.
P99-0203: (Ward 4)
Smith Tech/USA, Inc. has requested to amend the
General Plan on approximately 13.65 acres located
at the southwest corner of Stockdale Highway and
Buena Vista Road.
Resolution approving the Negative
Declaration and amending the General Plan
from Low Density Residential to General
Commercial.
Resolution approving the Negative
Declaration and amending the Kern River
Plan Element from Residential to General
Commercial.
City Clerk McCarthyannounced correspondence has
been received from Roger A. Mclntosh, dated
August 3, 1999 in opposition of the Negative
Declaration of General Plan Amendment and Zone
Change No. P99-0203; and correspondence was also
received from Coleman Homes requesting
continuance of this item to the next General Plan
Cycle or to the November 3, 1999 Council meeting.
Rowles announced conflict of interest due to
employer owning property within 300 feet.
Maggard announced conflict of interest due to former
employer involvement.
Motion by Couch to continue General Plan
Amendment and Zone Change No. P99-0203 to
the November 3, 1999 Council meeting.
APPROVED
AB MAGGARD
ROWLES
Bakersfield, California, August 11, 1999 - Page 9
199
HEARINGS continued
General Plan Amendment and Zone Change No.
P99-0234: (Ward 3)
John Thomsen requests that conditions of approval
for the General Plan and zoning designations along
the east side of Kern Canyon Road, south of State
Route 178 which require the installation of the
landscaped median be deleted.
Resolution denying the application but
approving the Negative Declaration and
modifying Condition of Approval No. 34 of
General Plan Amendment 1-94, Segment III
to allow the phased installation of landscaped
median improvements in Kern Canyon Road.
(Land Use Element Assessment Case No.
P99-0234)
Ordinance approving the Negative
Declaration and modifying Condition of
Approval No. 34 of Ordinance No. 3803 (Zone
Change Case No. 5046) to allow the phased
installation of landscaped median
improvements in Kern Canyon Road. (Zone
Change P99o0234)
ACTION TAKEN
RES 121-99
FR
Development Services Director Jack Hardisty
provided a brief update and computer presentation.
Hearing opened at 7:53 p.m.
No one spoke at hearing.
Hearing closed at 7:53 p.m.
Motion by Maggard to adopt the Resolution and
first reading of the Ordinance.
APPROVED
200
Bakersfield, California, August 11, 1999 - Page 10
HEARINGS continued
General Plan Amendment/Zone Change P98-0976:
(Ward 4)
Kenneth F. Cooper requests to amend the
Metropolitan Bakersfield 2010 General Plan
Land Use Element from Open Space to Office
Commercial on 3.4 acres and the Kern River
Plan Element from 8.5 (Resource
Management) to 6.25 (Office Commercial) on
3.4 acres, located along the north side of
Stockdale Highway, south of the Kern River
Canal and west of the Arvin-Edison Canal.
Kenneth F. Cooper requests to amend the
zoning ordinance from Agriculture to
Professional and Administrative Office on 3.4
acres.
Development Services Director Jack Hardisty
provided a brief update and computer presentation.
Hearing opened at 7:58 p.m.
No one spoke at hearing.
Hearing closed at 7:58 p.m.
Motion by Couch to adopt the resolution and first
reading of the Ordinance.
ACTION TAKEN
RES 122-99
PR
APPROVED
Appeal by Patrick Calley to the Board of Zoning
Adjustment's approval of a Conditional Use Permit
No. P99-0069 to add recreational improvements to an
existing 12 acre local park in a One Family
Residential zone district at 4303 Patton Way. (Ward 4)
City Clerk McCarthy announced correspondence was
received from Patrick D. Calley, dated July22, 1999
withdrawing his appeal and no further action is
necessary.
NAT
10. REPORTS
None.
Bakersfield, California, August 11, 1999 - Page 11
11.
DEFERRED BUSINESS
Ordinance amending Subsection B of Section
14.12.390 of the Bakersfield Municipal Code relating
to sewer connection fees in cases of economic
hardship. (First reading 7/21/99)
Motion by Salvaggio to adopt the ordinance.
ACTION TAKEN
ORD 3917
APPROVED
Ordinance amending Section 2.28.030 of the
Bakersfield Municipal Code relating to creation and
appointment of Planning Commission. (First reading
7/21/99)
Motion by Couch to adopt the ordinance.
Hillside Development:
Ordinance amending Title 17 of the
Bakersfield Municipal Code by adding
Chapter 17.66 for a Hillside Development
zoning district and defining standards for a
Hillside Development zoning district. (First
reading 7/21/99)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning Map
Nos. 82-35, 103-01,103-02, 103-10, 103-11,
103-12,103-13, 103-14, 103-15,103-16, 103-
17, 104-01,104-02, 104-03, 104-04, 104-05,
104-06,104-07, 104-08, 104-09,104-10, 104-
11,104-12, 104-13, 104-14, 105-05 and 105-
06 by adding the Hillside Development zone
as a combining zone in those areas generally
having slopes exceeding eight percent
located primarily in the nodheast part of the
City of Bakersfield. (First reading 7/21/99)
(Wards 2, 3)
Development Services Director Jack Hardisty
provided a brief update.
ORD 3918
APPROVED
NS ROWLES
ORD 3919
ORD 3920
Motion by Maggard to adopt the ordinances. APPROVED
2O2
Bakersfield, California, August 11, 1999 - Page 12
12.
NEW BUSINESS
Ordinance repealing Chapter 9.22 (Noise), Chapter
9.24 (Amplified Sound) and enacting Chapter 9.22
(Noise Control).
ACTION TAKEN
FR
13.
Ordinance amending Section17.60.100 of the
Bakersfield Municipal Code to permit retention of off
premises directional signage.
COUNCIL STATEMENTS
DeMond welcomed back Principal Planner Marc Gauthier.
DeMond referred to staff the issue of merchant signs on
sidewalks downtown and requested staff contact Mr.
Dusty Walker of Rings Inc. and bring back a
recommendation to Council.
DeMond requested staff respond to correspondence
from Dave Cross requesting the renaming of Q Street
and is interested in the response of other business
owners.
DeMond acknowledged the strength and valor of the parents
and teachers affected by the Los Angeles shooting tragedy.
Salvaggio requested staff send a copy of the
memorandum from Jim Eggert regarding the South H
Street rehab center fence complaint to Mr. Hershal
Brown.
Salvaggio referred to staff the issue of missing screens
at the apartment complexes on 1919 and 1925 Ming
Avenue and requested a report back to him.
Salvaggio thanked the Attorney's Office for pursuing his
request to file a complaint against San Joaquin Railroad
Company and requested staff prepare a memorandum
indicating which railroad companies responded to
concerns and to continue to keep council appraised of
the progress.
REFERRED TO
PLANNING
COMMISSION FOR
HEARING AND
RECOMMENDATION.
Bakersfield, California, August 11, 1999 - Page 13
203
13.
COUNCIL STATEMENTS continued
Salvaggio received a thank-you card from Harry and Nancy
Hamlin for taking care of their neighborhood regarding tree
issues and forwarded the thank-you to Recreation and Parks
Director Stan Ford for their efficient response.
Maggard commended the Police Department for the fine job
demonstrated by the officers responding to the situation
involving the man with axe.
Maggard expressed concerns regarding the recent drive-
by shootings and community violence and requested
Police Chief Matlock develop a comprehensive plan to
take the streets back and also requested the assistance
from City Attorney Thiltgen regarding stricter penalties
against offenders.
Carson thanked Councitmember DeMond, Mayor Price and
Chief Matlock for attending the recent press conference
regarding the recent drive-by shootings and community crime
and will appoint an Ad Hoc Community Committee at the next
Council meeting to review this issue.
Carson requested staff provide a progress report
regarding the cul-de-sac on Filson Street.
Carson requested staff review the issue of the mess/eft
along Pershing Street when the palm trees were
removed.
Couch requested Assistant City Manager Christensen meet
with him regarding several issues.
Couch expressed his suppod to the Police Depadment.
Couch referred to staff the issue of cleaning the area
adjacent to fence around canal, north of Rosedale
Highway, west of Coffee Road.
Couch requested staff prepare a letter to Kern County
Planning Commission expressing he does not support
billboards on Coffee Road, north of Rosedale Highway.
Couch stated he has ideas for possible workshops.
Couch requested that the issue of Highway 58, Highway 46,
and Kern River Freeway be kept on the agenda for the Joint
Council/Board of Supervisors meeting.
ACTION TAKEN
204
Bakersfield, California, August 11, 1999 - Page 14
13.
COUNCIL STATEMENTS continued
Couch suggested it may be beneficial if members of the
Council could attend seminars regarding Smart Growth,
Urban Water Institute at the October League of California
Cities annual meeting, and he could attend the San Jose
meeting, deferring costs and someone else could attend
other meetings.
ACTION TAKEN
14. ADJOURNMENT
Motion by Carson to adjourn at 8:35 p.m.
~tv~,~YOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakers'field
APPROVED