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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