HomeMy WebLinkAbout03/15/00 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 15, 2000
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, Couch, Rowles,
Sullivan (seated at 5:28 p.m.), Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Borba Dairy Development Presentations.
Correspondence has been received in opposition
to the Borba Dairy from George Sweeney, Jr.;
Karen McMillan; Bonnie Loo; Ruth L. Bomar-
Schlicter; and Gordon Loo.
Correspondence was also received in support to
the Borba Dairy from Larry Wolf, Concerned
Citizens for Agriculture.
Assistant City Manager John Stinson made
introductory comments.
George Borba spoke in support of the Borba Dairy
Development and gave an oral presentation with
overhead photographs.
The following individuals spoke in opposition of the
Borba Dairy Development: Sonja Swenson-
Wolsey, provided written material; and Tom
Spencer, President of Kern County Neighbors for
Water and Growth, gave an oral presentation with
a VHS presentation by Tony Azevedo Dairyman.
Couch requested a transcript or copies of the
tapes and referred this issue back to the Urban
Development Committee and requested a
recommendation back to Council.
Bakersfield, California, March 15, 2000 - Page 2
CLOSED SESSION
Motion by Carson to recess to Closed Session at 6:14
p.m.
ACTION TAKEN
APPROVED
AB SULLIVAN
Conference with Real Property Negotiator
pursuant to Government Code Section 54956.8
regarding 1401 Calloway Drive, Bakersfield,
California, 93312; Negotiating Parties: Finance
Director Gregory Klimko, Senior Real Property
Agent Don Anderson, Howard Smith and Deborah
Smith and their counsel, Michael T. Whittington;
Under Negotiation: Price and terms of payment for
purchase.
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; Cityof
Bakersfield, etc. vs. Valley Communities, Inc., etc.,
et al.; Kern County Superior Court Case No.
238380-RA.
Motion by Salvaggio to adjourn from Closed Session
at 6:55 p.m.
COUNCIL ACCEPTED
THE APPRAISAL
NAT
APPROVED
REGULAR MEETING
INVOCATION by The Church of Jesus Christ of Latter-Day
Saints
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Salvaggio
None.
CLOSED SESSION ACTION
Mayor Price announced Closed Session as reflected on
page 2.
Bakersfield, California, March 15, 2000 - Page 3
PRESENTATIONS
ACTION TAKEN
Judy Salamacha invited Council on behalf of Mesa
Marin to attend the NASCAR Craftsman Truck
Series event on March 26, 2000. Mayor Price
presented a proclamation proclaiming March 24-
26, 2000 as NASCAR Craftsman Truck Series
Weekend.
55
PUBLIC STATEMENTS
Louis B. Gill, Sr. spoke regarding Bakersfield
homeless center.
John Meroski, spoke regarding U.S. Canoe &
Kayak and introduced Coach Bob Campbell.
Ricky Peterson spoke regarding procedures on
presentations to Council.
Carson referred to Economic Development
Director Jake Wager the issue of scheduling a
workshop before the Council regarding the
Southeast Project.
Bill Cooper spoke regarding the Kern River
Parkway.
Couch requested City Attorney Bart Thiltgen
provide information which allows handicapped
motorized vehicles on the bike path to Mr.
Cooper.
The following individuals spoke regarding
annexations: Harold Sugden; Becky Kaiser; and
Barbara Fields.
APPOINTMENTS
a. One appointment to the Citizens' Community
Services Advisory Committee.
Motion by Couch to appoint Jim Fitch to the
Citizens' Community Services Advisory
Committee, term expiring
APPROVED
Bakersfield, California, March 15, 2000 - Page 4
APPOINTMENTS continued
One appointment to the Historic Preservation
Commission.
CONSENT CALENDAR
Minutes:
a. February 23, 2000 Council Meeting.
Payments:
Payments from February 12, to March 3, 2000 in
the amount of $9,506,126.26; and Self Insurance
payments from February 12, to March 3, 2000 in
the amount of $284,463.47.
Resolutions:
c. Grant from the California Office of Traffic Safety:
Resolution authorizing an agreement with
the California Office of Traffic Safety to
accept a grant to promote traffic safety.
Agreement to accept $61,940 from the
California Office of Traffic Safety for the
purchase of three sets of extrication
equipment, public education materials, and
personnel training.
Appropriate $61,940 OTS grant to the Fire
Department operating budget in the
General Fund.
Resolution approving an application for grant
funds, $9,850 for Alliance Against Family
Violence (AAFV) Shelter Playground Project.
Agreement with Alliance Against Family
Violence to accept required state
obligation associated with State Park
grant.
Appropriate $9,850 State Park Grant to the
Economic and Community Development
Department Operating Budget within the
Community Development Block Grant
fund.
ACTION TAKEN
DELETED
RES 21-00
AGR 00-41
RES2~O0
AGRO¢42
Bakersfield, California, March 15, 2000 - Page 5
CONSENT CALENDAR continued
Resolution approving City Annexation No. 405,
Proceeding No. 1275, uninhabited territory located
south of Olive Drive, west of State Route 99, east
of Fruitvale Avenue. (Ward 4)
Agreement to indemnify LAFCO for City
Annexation No. 405, Proceeding 1275.
Assessment District No. 99-2, (Seven Oaks West):
(Ward 4)
1. Resolution approving boundary map.
2. Resolution of Intention No. 1211.
3. Resolution approving acquisition and
disclosure agreement.
Resolution seeking a fair share of Kern County
Tobacco Settlement Revenue for ail Kern County
Taxpayers.
ACTION TAKEN
RES 23'00
AGR 00-43
ABS ROWLES
RES 24-00
ROI 1211
RES 25-00
AGR 00-67
REMOVED FOR
SEPARATE
CONSIDERATION
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Dandy and Associates for Tract 5950,
Unit B, located south of Hosking Avenue,
east of Akers Road. (Ward 6)
Final Map and Improvement Agreements
with B and K One, Inc. for Tract 5669,
Phase B, located north of Hageman Road,
west of Old Farm Road. (Ward 4)
Final Map and Improvement Agreements
with ADH Corporation for Tract 5948,
Phase A, located east of Oswell Street,
north of Oswell Park Drive. (Ward 1)
Final Map and Improvement Agreements
with Castle & Cooke California, inc. for
Tract 5928, Phase A, located west of
Buena Vista Road, north of White Lane.
(Ward 4)
AGR 00.44
AGR 00-45
AGR 00-46
AGR 00-47
AGR 00-48
AGR 00-49
AGR 00-50
AGR 00-5'1
ABS ROWLES
58
Bakersfield, California, March 15, 2000 ~ Page 6
CONSENT CALENDAR continued
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5928, Phase B, located west of
Buena Vista Road, north of White Lane.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5928, Phase C, located west of
Buena Vista Road, north of White Lane.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5928, Phase E, located west of
Buena Vista Road, north of White Lane.
(Ward 4)
Agreement with Police Activities League,
$114,000 to acquire property located adjacent to
301 East 4th Street. (Ward 2)
Agreement with County of Kern Mental Health
Department for up to $22,332 in Emergency
Shelter Grant funds for operational activities,
essential services and homeless prevention
activities to benefit homeless persons with mental
disabilities.
Agreement with Castle & Cooke California, Inc.,
$36,000 to purchase real property on the west
side of Jewetta Avenue, south of Brimhall Road for
a domestic water well site. (Ward 4)
Agreement with Bakersfield Senior Center (a
501(c)(3) tax exempt corporation) to purchase six
surplus computers, monitors and keyboards from
the City for $6.00.
Agreement with Howard Dwayne Smith and
Deborah Louise Smith to purchase real property at
1401 Calloway Drive for $23,650 to widen
Calloway Drive. (Ward 4)
ACTION TAKEN
AGR 00-52
AGR 00-53
ABS ROWLES
AGR 0~54
AGRO~55
ABS ROWLES
AGR 00-56
AGR 00-57
ABS ROWLES
AGR 00-58
AGRO¢59
AGR 00-60
DEED 5'196
ABS ROWLES
AGRO¢6'1
AGR 00-62
DEED 5197
Bakersfield, California, March 15, 2000 - Page 7
CONSENT CALENDAR continued
n. Property Acquisition: (Ward 1)
Purchase Agreement with the McClanahan
Survivors Trust, $13,000 to acquire real
property located at the northwest corner of
Planz Road and Anderson Avenue for use
as a drainage basin, and adjacent land for
additional street right-of-way.
Appropriate $13,000 fund balance to the
Capital Improvement Budget within the
Sewer Enterprise Fund.
Contract Change Order No. 1, to Agreement No.
98-191, with Utah-Pacific Construction, reducing
the compensation amount by $1,003,097 for
various items of work for the Allen Road Trunk
Sewer project. (Ward 4)
Bids:
Award Contract to HPS Plumbing Services, Inc.,
$229,653.20 to adjust manholes, clean-outs and
monuments on various local streets - 1999-2000
projects.
Appropriate $138,000 and $100,000 fund
balance to the Capital Improvement
Program Budget within the Sewer
Enterprise Fund and the Gas Tax Fund.
Award Contract to Kern County Construction Inc.,
$250,000 for construction of one concrete block
pump house, installation of one deepwell turbine
pump and motor, electrical panel board, generator
and miscellaneous piping and appurtenant
facilities for Ashe Water Well Number L-207, for
the Water Resources Department. (Ward 4)
Miscellaneous:
Approval of assignment of easements from ARCO
Pipe Line Company to Pacific Pipeline System,
Inc.
Rowles announced conflict on Consent Calendar
Items f., h.4.,5.,6.,7, and k due to source of income
to employer within the last 12 months.
ACTION TAKEN
AGR 00-63
DEED 5'!98
CON 00-64
CON 00-65
AGR 00-66
59
Bakersfield, California, Mamh 15, 2000 - Page 8
CONSENT CALENDAR continued
Motion by Carson to adopt Consent Calendar
Items a. through r, with separate consideration
of Item g.
ACTION TAKEN
APPROVED
Resolution seeking a fair share of Kern County
Tobacco Settlement Revenue for all Kern County
Taxpayers.
Motion by Couch to adopt Consent Calendar
Item g.
RES2~O0
APPROVED
HEARINGS
Resolution in support of amendment to the Kern
Countywide Siting Element of the Countywide
Integrated Waste Management Plan.
Hearing opened at 7:30 p.m.
Nancy Ewart spoke in support of staff
recommendation.
Hearing closed at 7:32 p.m.
Motion by Carson to adopt the resolution.
RES 27.00
APPROVED
Approval of the mitigated Negative Declaration
and application for grant funding for the southwest
extension of the Kern River Bike Path. (Ward 4)
Hearing opened at 7:33 p.m.
No one spoke at the hearing.
Hearing closed at 7:33 p.m.
Motion by Couch to approve the mitigated
Negative Declaration and grant application.
APPROVED
Bakersfield, California, March 15, 2000 - Page 9
HEARINGS continued
Appeal by Harold Robertson representing
Panorama Heights Development of the Board of
Zoning Adjustment's decision to deny a
modification to allow a reduction of the front yard
setback from 25 feet to 20 feet in a One-Family
Dwelling zone on a total of 20 lots located on the
west side of Thorner Street and Steelhead Drive in
Tentative Tract No. 5929. (P99-0823) (Ward 3)
Development Services Director Jack Hardisty
corrected the staff report referring to the reduction
in street width should be from 60' to 52' not from
60' to 56'.
Hearing opened at 7:35 p.m.
Harold Robertson representing Panorama Heights
Development spoke in opposition of staff
recommendation.
Hearing closed at 7:37 p.m.
Motion by Maggard to uphold the appeal with
the following modifications:
· The reduction in the front yard set back
to 20 feet for the 11 homes fronting the
westside of Steelhead Drive; and
· A front yard setback of 22 feet for the 9
homes that face Thorner Street.
· All homes affected by this variance are
required to have roll-up garage doors.
ACTION TAKEN
RES 28-00
APPROVED
61
Mayor Price recessed the meeting at 7:44 p.m. and
reconvened 7:50 p.m.
10.
REPORTS
Report by Ray Bishop, Director of Airports for Kern
County, regarding Design of Proposed Airport
Terminal. Robert Griffith, Project Architect,
provided additional information.
Motion by DeMond to accept the report. APPROVED
AB ROWLES
62
10.
Bakersfield, California, March 15, 2000 - Page 10
REPORTS continued
City Manager Oral Report No. 2-00 regarding
Automated Red Light Traffic Enforcement.
City Manager Alan Tandy introduced Sergeant
Hajir Nuriddin who gave a computer presentation
and provided written material.
Motion by Carson to accept the report.
ACTION TAKEN
APPROVED
Urban Development Committee Report No. 2-00
regarding Shellabarger Road.
Couch requested staff notify Leonard Koch and
Stuart Baugher of the Urban Development
Committee Meeting.
Motion by Couch to defer Report No. 2-00
regarding Shellabarger Road and refer back to
Urban Development Committee for
consideration.
APPROVED
Urban Development Committee Repod No. 3-00
regarding the transfer of $20,000 Council
Contingency to the Development Services
Operating Budget within the General Fund for the
charrette process. (Ward 2)
Motion by Rowles to approve the transfer
appropriation and direct staff to proceed with
charrette process.
APPROVED
11.
DEFERRED BUSINESS
None.
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 122-01 and
123-06 by changing the zoning from One Family
Dwelling zone to Planned Commercial
Development zone on 13.65 acres located south
of Stockdale Highway, west of Buena Vista Road,
to allow a 102,222 sq. ft. neighborhood shopping
center. (ZC P99-0919)
FR
ABS ROWLES
12.
Bakersfield, California, March 15, 2000- Page 11
NEW BUSINESS continued
ACTION TAKEN
Couch outlined additional conditions:
No pilon sign, only monument signs;
20 foot tall exterior light poles, pointed
inward.
3 foot berm, where possible, around
shopping center exterior;
60 percent of the trees would be 36" to 48"
box trees;
If property is not developed as a drive thru
then Developer is required to obtain
Planning Commission approval for
changes.
63
Ordinance amending Sections 5.06.010, 5.06.060
and Chapter 9.12 of the Bakersfield Municipal
Code and adding Sections 5.06.062, 5.06.064,
5.06.066, 5.06.068 and 5.06.069 to the Bakersfield
Municipal Code relating to Adult Entertainment
Businesses.
FR
13.
COUNCIL STATEMENTS
Mayor Price referred to Budget and Finance
Committee a request from Image 2000 and asked a
recommendation be brought back to the full Council.
Mayor Price stated he and others will be traveling to
Louisville on Tuesday, to the NC2A Division
Tournament.
DeMond referred to Public Works the issue of a
vacant house and grafFtti on Robinson and Niles
Streets.
DeMond requested Mayor Price give a presentation to
the Bakersfield High School Debate Team for their
academic excellence achievements.
DeMond requested Economic/Community
Development use streetscape funds for progress
Downtown.
DeMond referred to the Police Department the issue
of vandalism of signs around the fountain at the
Centennial Plaza and requested extra patrol
Bakersfield, California, March 15, 2000 - Page 12
13.
COUNCIL STATEMENTS continued
Salvaggio requested Mayor Price follow-up on the
memo from Engineering Services Manager Jack
LaRochelle regarding surplus of transportation
funds.
Salvaggio referred to staff a letter from Gary Littles,
regarding property at 503, 505 and 507 N Street and
requested staff provide Mr. Littles written status of
amounts owed for garbage and sewer assessments.
Maggard requested Police Chief Mattlock provide an
update on the officer's condition who was shot during a
bank robbery. Mattlock responded. Maggard commended
police staff for their efforts.
Maggard asked Mayor Price to prepare a letter
requesting communities across the state to join the
City in soliciting the State and the Federal
Government to suspend the assessment excise taxes.
Maggard referred to staff the issue of graffiti
problems in Northeast Bakersfield and requested
additional police patrol
Maggard referred to staff the issue of parking
problems at University Baptist Church and requested
staff review the possibility of waiving the fee for
posting signs.
Couch acknowledged the Police Department for the great
job they did during the recent bank robbery.
Couch requested staff coordinate with the County and
home owners/residents of the Palm~Olive area to
assure un-interrupted services to citizens of that area
or service providers; also requested staff explore the
possibility of entering into a memorandum of
understanding with the County to continue services
to the end of the fiscal year.
Couch requested staff prepare a letter of support to
Assemblyman Florez' introduction of a bill which
would allow a moment of quiet, silence or prayer at
the beginning of the day in public schools.
ACTION TAKEN
13.
Bakersfield, California, March 15, 2000 - Page 13
COUNCIL STATEMENTS continued
Couch requested staff review the issue of investment
of public funds.
Couch wished Councilmember Salvaggio a happy
birthday.
Sullivan also supports prayer in schools.
Sullivan requested staff review the possibility of
publicizing the vandalism occurring at Centennial
Plaza.
Sullivan congratulated Mayor-Elect Harvey Hall and
Councilmember Carson.
DeMond requested staff prepare a letter to the
residents on Princton and Panorama regarding the
parking situation.
DeMond thanked Mayor Price for today's press
conference.
ACTION TAKEN
65
14. ADJOURNMENT
Motion by Carson to adjourn at 10:57 p.m.
MA~~'~iersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cler¢~f the
Council of the City of BakersfieldTM
APPROVED