HomeMy WebLinkAbout03/29/00 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 29, 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, Sullivan,
Salvaggio
Rowles
2. WORKSHOP
Presentation by Economic and Community
Development Department regarding Consolidated
Plan 2005.
Community Development Coordinator George
Gonzales introduced Principal Planner Vince
Zaragoza who gave a computer overhead
presentation and written material.
ACTION TAKEN
Motion by Carson to recess to Closed Session at 5:29
p.m.
CLOSED SESSION
Public Employee PerFormance Evaluation - City
Manager; Closed Session pursuant to Subdivision
(a) of Government Code Section 54957.
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
City Attorney Bart Thiltgen announced Closed Session
Item b. has been removed from the agenda because
documents have not been received.
Motion by Carson to recess to the Regular Council
Meeting at 6:55 p.m.
APROVED
AB ROWLES
DELETED
Bakersfield, California, March 29, 2000 - Page 2
Closed Session continued on Page 15.
REGULAR MEETING
INVOCATION by Barletha Barefield, First Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE by Mayor Price
3. ROLL CALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Salvaggio
Absent: None.
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as
reflected on Pages I and 15; and Item a. was continued
to the end of the regular meeting.
5. PRESENTATIONS
Mayor Price presented a Proclamation to Ebony
Counseling Center proclaiming April 3-7, 2000, as
"Male Responsibility and Girl Power Week" to a
group of students from the Ebony Counseling
Center.
Vice Mayor Carson thanked the students for
attending.
ACTION TAKEN
PUBLIC STATEMENTS
a. Shirley Day spoke regarding parking.
DeMond requested staff meet with Shirley Day to
assist her with the parking issue.
The following individuals spoke regarding
annexations: Barbara Fowler; Becky Kaiser; and
Barbara Fields.
The following individuals spoke regarding Borba
Dairy: Duncan Harvey; Mary Berglund; Kirk
Golding; and Tom Spencer.
Bakersfield, California, March 29, 2000 - Page 3
APPOINTMENTS
One appointment to the Planning Commission,
term expiring April 17, 2004.
Motion by Sullivan to appoint Jeff Tkac to the
Planning Commission, term expiring April 17,
2004.
Appointment of Jake Wager, Economic
Development Director as regular member and
David Lyman, Principle Planner as the alternate
member to the Board of Zoning Adjustment.
Terms expire December 1, 2000 due to the
revision of the Ordinance amending the
membership.
Motion by Salvaggio to approve.
Reappointment of David Raphael to the
Bakersfield Redevelopment Agency, term expires
April 22, 2004
Motion by Carson to reappoint David Raphael
to the Bakersfield Redevelopment Agency,
term expiring April 22, 2004.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
CONSENT CALENDAR
Minutes:
a. March 15, 2000 Council Meeting.
Payments:
b. Payments from March 4, to March 17, 2000 in the
amount of $3,948,112.66; and Self Insurance
payments from March 4, to Mamh 17, 2000 in the
amount of $149,564.42.
Resolutions:
Resolution authorizing an application for $80,226
grant funding for Used Oil RecycJing.
Resolution approving application for $60,000 in
State Funds for Recycling Beverage Containers.
RES 29-00
RES 30-00
Bakersfield, California, March 29, 2000 - Page 4
CONSENT CALENDAR continued
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Castle & Cooke California Inc. for
Tract 5936, Phase A, located west of
Buena Vista Road, south of Ming Avenue.
(Ward 4)
Final Map and Improvement Agreement
with Castle & Cooke California Inc. for
Tract 5936, Phase B, located west of
Buena Vista Road, south of Ming Avenue.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California Inc. for
Tract 5936, Phase C, located west of
Buena Vista Road, south of Ming Avenue.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5936, Phase D, located west of
Buena Vista Road, south of Ming Avenue.
(Ward 4)
Final Map and Improvement Agreements
with Castle & Cooke California Inc. for
Tract 5936, Phase E, located west of
Buena Vista Road, south of Ming Avenue.
(Ward 4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5954, Phase A, located west of
Buena Vista Road, north of Chamber
Boulevard. (Ward 4)
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5954, Phase B, located west of
Buena Vista Road, nodh of Chamber
Boulevard. (Ward 4)
ACTION TAKEN
AGR 00-68
AGR 00-69
ABS ROWLES
AGR 00-70
ABS ROWLES
AGR 00-71
AGR 00-72
ABS ROWLES
AGR 00-73
AGR 00-74
ABS ROWLES
AGR 00-75
AGR 00-76
ABS ROWLES
AGR 00-77
ABS ROWLES
AGR 00-78
ABS ROWLES
Bakersfield, California, March 29, 2000 - Page 5
79
CONSENT CALENDAR continued
ACTION TAKEN
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5430, Phase A, located west of Old
River Road, south of Ming Avenue. (Ward 4)
AGR 00-79
AGR 00-80
ABS ROWLES
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract 5430, Phase E, located west of Old
River Road, south of Ming Avenue. (Ward 4)
AGR 00-81
ABS ROWLES
10.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5946, Phase A, located west of
Buena Vista Road, north of Chamber
Boulevard. (Ward 4)
AGR 00-82
AGR 00-83
ABS ROWLES
11.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5946, Phase B, located west of
Buena Vista Road, north of Chamber
Boulevard. (Ward 4)
AGR 00-84
AGR 00-85
ABS ROWLES
12.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5946, Phase C, located west of
Buena Vista Road, north of Chamber
Boulevard. (Ward 4)
AGR 00-86
AGR 00-87
ABS ROWLES
13.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 5946, Phase D, located west of
Buena Vista Road, north of Chamber
Boulevard. (Ward 4)
AGR 00-88
AGR 00-89
ABS ROWLES
14.
Final Map and Improvement Agreement
with Coleman Homes, Inc. for Tract 5934,
Unit 2, located west of Buena Vista Road,
south of Stockdale Highway. (Ward 4)
AGR 00-90
.15.
Final Map and Improvement Agreements
with Kyle Carter Homes, Inc. for Tract
5921, Phase 3, located west of Calloway
Drive, north of Olive Drive. (Ward 4)
AGR 00-91
AGR 00-92
'16.
Final Map and Improvement Agreement
with Kyle Carter Homes, Inc. for Tract
5921, Phase 4, located west of Calloway
Drive, north of Olive Drive. (Ward 4)
AGR 00-93
AGR 00-94
Bakersfield, California, March 29, 2000 - Page 6
CONSENT CALENDAR continued
Agreement with William Avery & Associates, Inc.,
$27,600 for Negotiation and Consultant Services
in Employer-Employee Relations.
Agreement with Golden Construction &
Excavation, $18,077 for removal and replacement
of manhole shafts on Ashe Road, between
Panama Lane and Harris Road. (Ward 7)
Agreement with Bharat N. Mehta and Nita Bharat
Mehta to annex property located at 6850 South
Union Avenue and allow sewer connection fee to
be paid in three equal annual installments. (Ward 1)
Agreement with Castle & Cooke California, Inc. for
Acquisition and Development of Park Site in
Expanded Seven Oaks Community. (Ward 4)
Agreement with County of Kern, State of
California, $25,000 for at-grade crossing
improvements on L Street for the Bakersfield
Amtrak Station Project. (Ward 2)
Agreement with GRC Associates, Inc., $24,750 to
conduct a Fiscal Impact Study. (Wards 1,2)
I. Property Acquisition: (Ward 1)
Approve Purchase Agreement, $2,500 with
Ledinila Quimpo to acquire real property
located at the terminus of Ohio Drive for
additional street right-of-way to provide
access to nearby residential properties.
Amendment No. I to Agreement No. 99-324, with
Carroll's Tire Warehouse, $22,210 for
reimbursement of the cost of the 12" sewer line at
the northeast corner of Rosedale Highway and
Coffee Road. (Ward 4)
Appropriation of $22,210 Fund Balance to
the Capital Improvement Budgel within the
Sewer Enterprise Fund.
Amendment No. 1 to Agreement No. 00-7, with
Holiday Inn Select for room rental and
refreshments for "The Disney Keys to
Management Excellence" training seminar, not to
exceed $22,374.
ACTION TAKEN
AGRO¢95
AGR 00-96
AGR 00-97
AGRO¢98
DEED5201
ABS ROWLES
AGR 00-99
AGR 00-100
AGR 00-10'1
DEED 5200
AGR 99-324(~)
AGR 00-7(1)
Bakersfield, California, March 29, 2000 - Page 7
CONSENT CALENDAR continued
Installation of traffic signal and lighting system on
Brimhall Road at Jewetta Avenue. (Ward 4)
Contract Change Orders Nos. 1 through 7,
$54,011.63 to Contract No. 99-166 with
Griffith Company.
Appropriate $50,000 Fund Balance to the
Capital improvement Budget within the
Transportation Development Fund.
Amendment No. 2 to Agreement No. CA99-2 with
Kimble, MacMichael & Upton for outside legal
services.
Appropriate $12,000 Fund Balance to the
City Attorney's Office Operating Budget
within the Sewer Enterprise Fund.
Bids:
q=
Award Contract to HPS Plumbing Service,
$35,000 for plumbing rehabilitation and interior
remodel at Fire Station 6, located at 127 Brundage
Lane. (Ward 1)
Award Contract to Spectra Tuff, Incorporated, not
to exceed $50,000 for installation of rubberized
A.D.A. surfacing at various parks. (Wards 1,4,6)
Award Annual Contract to Granite Construction,
not to exceed $2,064,559 for street materials to
repair City street surfaces.
t=
Award Annual Contract to Advanced Concrete
Sawing and Drilling, Incorporated, $60,700 for
removal of striping and pavement marking at
various locations throughout the city.
Accept bid from John C. Henberger Company,
$75,940.51 for Opticom traffic signal equipment.
ACTION TAKEN
AGR 99-158(I)
CON 00-102
CON 00-103
CON 00-104
CON 00-105
Bakersfield, California, March 29, 2000 - Page 8
CONSENT CALENDAR continued
Miscellaneous:
Appropriate $15,000 in Strong Motion
Instrumentation (SMI) Trust funds to Building
Division Operating budget within General Fund for
purchasing racks and shelving to be used for
storing disaster related materials and supplies in
a secured location.
Authorization of a letter to be sent to thE; California
Trade and Commerce Agency expressing the
City's interest in applying for a Five Year
Extension of the Enterprise Zone. (Wards 1,2)
Acceptance of Independent Auditors' Report on
Compliance with State Local Transportation
Partnership Program.
Rowles announced conflict on Consent Calendar
Items e. 1-13, and i. due to source of income to
employer within the last 12 months.
Motion by Carson to adopt Consent Calendar
Items a. through x., with a correction to page
12. of the minutes changing the word senator
to assemblyman.
ACTION TAKEN
REFERRED TO
BUDGETAND FINANCE
COMMITTEE
APPROVED
HEARINGS
a. A 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 1,2,4)
Development Services Director Jack Hardisty
stated Item 19, has been paid and requested it be
removed from the list of assessments.
Hearing opened at 7:40 p.m.
No one spoke at hearing.
Hearing closed at 7:40.
Motion by Carson to adopt the Resolution.
RES 31-00
APPROVED
Bakersfield, California, March 29, 2000 - Page 9
HEARINGS continued
b. General Plan Amendment P98-0760:
Final Environmental Impact Report, Specific Plan
Line and Ordinance. The south Beltway corridor
is located within the central portion of Kern
County, crossing east-west, south of the City of
Bakersfield for approximately 26 miles from
Interstate-5
(I-5) to State Route-58 (S-58). (Ward 1)
Certification of the Final Environmental
tmpact Report forGeneral Plan P98-0760
and the South Beltway Specific Plan Line.
General Plan Amendment P98-0760 is the
South Beltway Transportation Corridor
alignment which would be shown as a
"freeway" on the Circulation Element map
of the Metropolitan Bakersfield 2010
General Plan.
Resolution adopting the Specific Plan Line
is an exact description of the 26 mile long
and 300 foot wide transportation corridor.
Amend Zoning Ordinance Section
17.55.030, of the Bakersfield Municipal
Code which will permit oil and gas
extraction activities to continue within the
specific plan line.
ACTION TAKEN
DELETED
83
10. REPORTS
a.
Bakersfield, California, March 29, 2000 - Page 10
Urban Development Committee Oral Report No.
4-00 and Resolution regarding the Proposed
Borba Dairies.
Motion by Rowles to accept the report and
adopt the resolution amended as follows:
· Add after the 9th Whereas, "the City
Council supports the protection of
property rights within the existing
zoning ordinances of present and
future residents, business and property
owners and the consideration of
property values in all decisions; and"
· Add to the resolve section No. 2...
"minimum" mitigation measures.... '~
Add after the 10~ Whereas, "...areas,
schools, as well as the City of
Bakersfield's drinking water aquifer and
ground water banking operations; and
b. City Manager Report No. 3-00 regarding
Additional Suite to Centennial Garden.
City Manager Tandy gave a computer overhead
presentation and provided written material.
Motion by DeMond to direct staff to proceed
and bring a report back to Council.
ACTION TAKEN
RES 32-00
APPROVED
APPROVED
11.
DEFERRED BUSINESS
Ordinance amending Sections 5.06.010 and
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 relating
to Adult Entertainment Businesses. (Fir, st Reading
3/15/00)
Motion by Salvaggio to adopt the ordinance.
ORD 3956
APPROVED
11.
12.
13.
Bakersfield, California, March 29, 2000 - Page 11
DEFERRED BUSINESS continued
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 square foot neighborhood
shopping center. (ZC P99-0919) (First Reading
3/15/00) (Ward 4)
Rowles announced conflict due to source of
income to employer who owns propertywithin 300
feet.
Motion by Couch to adopt the ordinance.
NEW BUSINESS
None.
COUNCIL STATEMENTS
Mayor Price stated he was in Louisville, Kentucky last
week observing the National Collegiate Athletic
Association Division II Championships and Bakersfield will
be the host in March 2001.
DeMond stated there was significant public angerdue to
the perception that the South Beltway issue was finaled at
the Planning Commission level; and also explained this
issue will be heard many more times at various levels.
DeMond stated that there will be a new State law going
into effect in June regarding driving and using a hand held
cell phone.
DeMond requested staff review the issue regarding
mailboxes being used in commercial areas and if this
will occur in new~old businesses, also review the
zoning requirements, and prepare a response back to
her.
DeMond requested Police Chief Matlock provide a
breakdown of the crime report for her ward.
DeMond referred to staff the issue of trimming the
Cottonwood trees along Mulberry Drive to avoid fire
hazards.
ACTION TAKEN
ORD 3957
APPROVED
AB ROWLES
85
86
Bakersfield, California, March 29, 2000 - Page 12
13.
COUNCIL STATEMENTS continued
DeMond referred to staff the issue of blocking the
south side of 24~h Street with a block wall and what
Cai Trans' position is on blocking the street, from Elm
to Alder Streets is and requested a report back.
Mayor Price clarified that the cell phone law is not
currently a pending law, but drivers can be cited for using
a cell phone and driving recklessly.
Salvaggio requested Police Chief Matlock do some
before and after school monitoring of speeding and
illegal turning at Lacy and Elmhurst, behind Planz
School
Salvaggio referred to City Manager Tandy the safety
issue of a Kern County Superintendent of Schools
school bus stopping at 2801 South H Street, where
there is no parking in front of the apartment complex,
creating a dangerous situation for childrer~.
Salvaggio again referred t.o City Manager Tandy the
issue of Gary Littles' property at 503, 505, and 507 M
Street and requested a letter be sent outlining why Mr.
Littles has to pay or not pay fees for sewer and
garbage.
Salvaggio again referred to City Attorney Thiltgen the
issue of noise from the trains at Pacheco Road
between New Stine and Wible Road.
Salvaggio referred to staff a copy of a letter to the
Editor from Ron Gagnon regarding enforcement of
deed code and requested st.aff respond in writing on
what can and cannot be done.
Salvaggio requested the Planning Department keep
him appraised of the motel project at 2700 White Lane
and the status of the proposed two four-sto~y towers.
Salvaggio requested staff bring the issue of the South
Beltway Alignment back to Council as soon as possible.
Couch requested staff provide Councilmember
Salvaggio with copies of the previous responses to
Ron Gagnon.
ACTION TAKEN
13.
Bakersfield, California, March 29, 2000 - Page 13
COUNCIL STATEMENTS continued
Couch asked if annexation sewer connections are
negotiable. City Manager Tandy responded.
Couch referred the following:
submitted to Assistant City Manager Stinson
additional information, including maps,
regarding Shellabarger Road;
· a letter to City Attorney Thiltgen from Jerry
Reynolds
· to Budget and Finance Committee a letter from
Bakersfield Garden Community Enhancement
Project;
· to Public Works a request that the City work
with the railroads to repair crossings and
suggested a maintenance schedule;
· to City Attorney Thiltgen a letter from T. M.
Burke;
· to Finance Director Klimko the issue of
certifying the investment policy;
· the Finance Department provide a quarterly
update on the City's financial position;
· requested staff review the possibility of joint
City/County Planning Commission meetings.
Couch stated in Henderson NV, a 21,000 sq. ft. police
sub-station is being built for future growth and would like
to see the City do the same.
Sullivan also requested the South Beltway issue be
brought back to Council as soon as possible.
Rowles requested staff provide a written update to
Council regarding a call from Mrs, Day regarding
parking in Westchester.
Rowles thanked Public Works for their responsiveness to
repairs to the gutter at Stockdale Estates.
Rowles requested Public Works fax the policy
regarding speed bumps to his office so he can
respond to a constituent.
Rowles thanked City Manager Tandy on the work for the
additional suites at the Centennial Garden.
Rowles also would like to see the South Beltway issue
back before Council as soon as possible and asked that
residents receive adequate proper notification.
ACTION TAKEN
87
88
Bakersfield, California, March 29, 2000 - Page 14
13.
COUNCIL STATEMENTS continued
Maggard also reiterated the need to put closure to the
South Beltway issue.
Maggard requested the Council be given an increased
opportunity to participate in the formulation of the
agenda for the joint City/County meetings and
establishing a strategy to allow the joint body to take
action and put closure on issues.
Maggard requested assistance from staff regarding the
gas tax issue.
Maggard requested staff provide financial information
regarding City Center Project, specifically the
allocation of CDBG funds for projects that may or may
not happen.
DeMond suggested the Intergovernmental Relations
Committee meet one month prior to the joint City/County
meeting to assist in facilitating the meetings of the joint
bodies.
Carson assured Council that there will be a
Intergovernmental Relations Committee meeting prior to
the next joint City/County meeting.
Carson requested staff research and provide a report
regarding cities that have ordinances/regulations
regarding restaurant workers and healthcare issues.
Carson asked questions regarding street lighting. Public
Works Director Rojas responded.
Carson asked questions regarding economic development
in areas not being met by businesses. City Manager
Tandy responded.
Carson requested an update regarding cleanup on
Union Avenue, specifically the Turner Hotel
Development Services Director Hardisty responded
and will provide a report back to Council.
DeMond requested Development Services Director
Hardisty check into the status of the ownership of the
Turner Hotel property and the possibility of using
funding through grants.
ACTION TAKEN
13.
Bakersfield, California, March 29, 2000 - Page 15
COUNCIL STATEMENTS continued
Mayor Price announced Pat Collins was appointed
President of the Kern Economic Development
Corporation.
ACTION TAKEN
89
CLOSED SESSION continued
Motion by Carson to recess to Closed Session at 9:20
p.m.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to Subdivision
(a) of Government Code Section 54957.
Motion by DeMond to adjourn from Closed Session at
10:48 p.m.
APPROVED
CONTINUED TO NEXT
COUNCIL MEETING
APPROVED
14.
ADJOURNMENT
Motion by Rowles to adjourn at 10:50 p.m.
City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cler~of the
Council of the City of Bakersfield'"
APPROVED