HomeMy WebLinkAbout05/24/00 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 24, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pm-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
127
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles,
Sullivan, Salvaggio
None.
ACTION TAKEN
WORKSHOP
a. Department Budget Presentations
1. City Attorney's Office
City Attorney Bart Thiltgen gave a computer
presentation and distributed written material.
2. Finance Department
Finance Director Gregory Klimko gave a computer
presentation and distributed written material.
Presentation by the Economic and Dommunity
Development Department regarding Downtown
Streetscape Expansion Project. (Ward 2)
Economic Development Director Jstke Wager
introduced Civil Engineer Arnold Ramming and
Development Associate Donna Barnes who gave
a computer presentation.
Motion by Carson to recess to Closed Session at 5:51 APPROVED
p.m.
Bakersfield, California, May 24, 2000 - Page 2
CLOSED SESSION
Conference with Legal Counsel Existing
Litigation; Closed Session pursuant to Subdivision
(a) of Government Code Section 54956.9; Cityof
Bakersfield vs. U.S. Fire Insurance Company, et
al.; Los Angeles Superior Court Case No.
BC171941
Motion by Salvaggio to adjourn from Closed
Session at 6:50 p.m.
ACTION TAKEN
NAT
APPROVED
REGULAR MEETING
1. INVOCATION by Councilmember Mike Maggard
2. PLEDGE OF ALLEGIANCE by Katie Work, Highland High
School
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 on
the Closed Session as reflected on Page 2.
PRESENTATIONS
Fire Chief Ron Fraze announced two Thermal
Imaging Cameras are being donated by the
Masons of the Bakersfield Scottish Rite Society.
Fred Triggers representing the Masons, presented
Council with a check for $46,000 to purchase the
cameras.
Mayor Price presented a plaque to Economic
Development Director Jake Wager who will be
leaving the City of Bakersfield. All
Councilmembers congratulated Mr. Wager and
wished him well.
Bakersfield, California, May 24, 2000 - Page 3
PUBLIC STATEMENTS
Members of the Mayor's Youth Council: Emily
Arnold, Stockdale High School; Katie Work,
Highland; and Andrae Gonzales, East Bakersfield
High School, spoke in appreciation of the Mayor's
Youth Council.
The following individuals spoke regarding
annexations: Barbara Fowler and Barbara Fields.
Mike Turnipseed spoke regarding the
transportation study.
Dave Cross spoke regarding the City Center
Redevelopment.
Bruce Dolgin thanked the City of Bakersfield for
working with him to proceed with his business.
ACTION TAKEN
129
APPOINTMENTS
Two appointments to the Board of Building
Appeals.
Motion by Carson to appoint Rick Montoya and
John Cohrs to the Board of Building Appeals,
terms unspecified.
APPROVED
CONSENT CALENDAR
Minutes:
a. May 10, 2000 Council Meeting.
Payments:
b. Payments from April 29, to May 12, 2000 in the
amount of $3,818,732.69; and Self Insurance
payments from April 29, to May 12, 2000 in the
amount of $109,757.44.
Bakersfield, California, May 24, 2000 - Page 4
CONSENT CALENDAR continued
Resolutions:
Resolution of Intention No. 1212 to add territory,
Area 4-16, Chester Avenue, Phase 2, to the
Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 2)
Resolution of Intention No. 1215 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Consolidated
Maintenance District and the 2000-2001 budget;
setting time and place for hearing protests on the
amount of park landscaping assessments to be
levied throughout the Consolidated Maintenance
District.
Resolution of Intention No. 1216 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Consolidated
Maintenance District and the 2000-2001 budget;
setting time and place for hearing protestson the
amount of street and median landscaping
assessments to be levied throughout the
Consolidated Maintenance District.
Resolution of Intention No. 1217 preliminarily
adopting, confirming and approving Public Works
Director's Report for the Traffic Signal
Maintenance Districts and the 2000-2001 budgets;
setting time and place for hearing protests on the
amount of assessments to be levied throughout
the Traffic Signal Maintenance District. (Ward 4)
Resolution of Application proposing proceedings
for annexation of uninhabited territory by annexing
to the City of Bakersfield property identified as
Annexation No. 414 located north of Brimhall
Road between Allen Road and Jenkins Road.
(Ward 4)
Resolution making findings and determination
regarding commitment of unexpended Park
Acquisition and Development fees.
Resolution authorizing Mayor-Elect Harvey Hall to
attend a Sister City meeting in Wakayama, Japan
from October 27 through November 6, 2000,
ACTION TAKEN
ROI 1212
ROI 1215
ROI '1216
ROI 1217
RES 45-00
RES4¢O0
RES4~O0
Bakersfield, California, May 24, 2000 - Page 5
CONSENT CALENDAR continued
Agreements:
j. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Sierra Country Estates, LLC for Tract
5362, Unit 2, located west of WiNe Road,
south of Hosking Road. (Ward 7)
Final Map and Improvement Agreement
with Kyle Carter Homes, Inc for Tract
5700, Phase 2, located south of Harris
Road, west of Summer Springs Drive.
(Ward 4)
Improvement Agreement with Castle &
Cooke California, Inc. for Parcel Map
10668, located at the northwest corner of
Buena Vista Road and Ming Avenue. (Ward
4)
Agreement with the County of Kern, $60,000 for
the South Union Avenue Streetscape
Improvement Project. (Ward l)
Agreement with Bakersfield Civic Light Opera
Association, $50,000 to provide financial
assistance to pay down a long-term lease for Stars
Theatre Restaurant. (Ward 2)
Agreement with the Greater Bakersfield
Convention and Visitors Bureau.
n. Property Acquisition: (Ward 3)
PurchaseAgreement, $100,000 with John
D. Afana, etal, to purchase real property
on the south side of Paladino Drive
approximately one half mile east of
Morning Drive for a combined park and fire
station site.
Appropriate $94,500 Fund Balance to the
Capital Improvement Budget within the
Park Improvement Fund.
ACTION TAKEN
AGR 00-135
AGR 00-136
AGR 00-137
AGR 00-138
ABS ROWLES
AGR 00-'139
AGR 00-140
ABS ROWLES
AGR 00-14'1
AGR 00-142
DEED 5227
Bakersfield, California, May 24, 2000 - Page 6
CONSENT CALENDAR continued
Amendment No. 2 to Agreement No. 96-178, with
SPCA Independent Contractor's for annual
increase of $4,500.
Amendment No. 2 to Lease Agreement No. 98-16
with Ogden Entertainment, Inc. regarding
additional suite revenue distribution.
Bids:
Award Contract to McKee Electric Co., $26,432.55
for flashing yellow beacons on State Route 178 at
Alder Street and A Street. (Ward 2)
Award Contract to Amber Chemicals, for
swimming pool chemicals, not to exceed $42,867.
Award Contract to Abate-A-Weed, Incorporated,
for chemical application on City property, not to
exceed $71,010.
Storm Drain Construction: Brimhall Road/Calloway
Drive Intersection: (Ward 4)
Award Contract to Granite Construction
Co., $153,899.
Appropriate $15,000 Fund Balance to the
Capital Improvement Budget within the
Sewer Enterprise Fund.
Accept bids from California Electric Supply,
$187,179.72; and Graybar Electric Company,
$33,301.24 for 84 street lights and 46 bollards for
the Downtown Streetscape Expansion and Baker
Street projects. Total $220,480.96
Miscellaneous:
Approval of Community Development Block Grant
Amendment No. 14, FY 96/97; Amendment No. 7,
FY 97/98; Amendment No. 6, FY 98/99; and
Amendment No. 4, FY 99/00 Action Plan. (Wards 1,
2)
Authorize the Finance Director to forward to a
collection agency, accounts receivable in various
funds totaling $276,236.50.
ACTION TAKEN
AGR 96-178(2)
AGR 98-16(2)
CON 00-144
ABS MAGGARD
CON 00-145
CON 00-146
CON 00-147
Bakersfield, California, May 24, 2000 - Page 7
CONSENT CALENDAR continued
Approval of two Thermal Imaging Cameras
donated by the Mason of the Bakersfield Scottish
Rite Society.
Transfer of $10,000 from the Council Contingency
to the Non Departmental Operating Budget within
the general fund for a communityforum conducted
by Reverend Eugene Rivers III of Boston
Massachusetts.
Maggard announced conflict on Consent Calendar
Item q., due to source of income.
Rowles announced conflict on Consent Calendar
Itemsj.3 and I., due to source of income to former
employer.
Motion by Carson to adopt Consen;t Calendar
Items a. through y.
ACTION TAKEN
APPROVED
HEARINGS
a. Resolution ordering the vacation of a 50' portion of
the waived vehicular access rights olq the west
side of Ashe Road at the northeast corner of
Parcel 2 of Parcel Map No. 9233. (Ward 6)
Hearing opened at 7:46 p.m.
No one spoke at the hearing.
Hearing closed at 7:46 p.m.
Motion by Sullivan to adopt the resolution.
RES 48-00
APPROVED
Resolution ordering the vacation of Londonderry
Avenue, entire roadway from Stine Road to east
end. (Ward 6)
Hearing opened at 7:47 p.m.
No one spoke at the hearing.
Hearing closed at 7:47 p.m.
Motion by Sullivan to adopt the resolution.
RES 49-00
APPROVED
Bakersfield, California, May 24, 2000 - Page 8
HEARINGS continued
Appeal by Warren Peterson, representing Ralph
and Donna Kuhen, of the Board of Zoning
Adjustment's decision to deny a modification to
allow a six foot high masonry wall in the front yard
where four feet is the maximum fence height in a
One Family Dwelling zone district located at 2219
Pine Street. (File No. P00-0215)(Ward 2)
Hearing opened at 7:49 p.m.
The following individuals spoke in opposition of
staff recommendation: Warren Peterson
representing Ralph and Donna Kuhen; and Donna
Kuhen
Betty Cooper spoke in support of staff
recommendation.
The following individuals spoke in rebuttal in
opposition: Warren Peterson and Donna Kuhen.
Betty Cooper spoke in rebuttal in support.
Hearing closed at 8:11 p.m.
Motion by DeMond to adopt the resolution
denying the appeal and upholding the decision
of the Board of Zoning Adjustment to deny the
modification requested, but allowing a 4
solid wall into the encroachment or a 5 ft.
rought iron fence.
Resolution renewing eligibility of the Bakersfield
Fire Department to participate in the Federal
Surplus Property Program.
Hearing opened at 8:30 p.m.
No one spoke at the hearing.
Hearing closed at 8:30 p.m.
Motion by Carson to adopt the resolution.
Mayor price recessed the meeting at 8:31 p.m.
and reconvened at 8:40 p.m.
ACTION TAKEN
RES 50-00
APPROVED
RES 51-00
APPROVED
Bakersfield, California, May 24, 2000 - Page 9
135
HEARINGS continued
Final Environmental Impact Report, General Plan
Amendment P98-0760, 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 to State
Route-58. (Ward 1)
Certification of the Final Environmental
Impact Report and adoption of Statement
of Overriding Considerations for General
Plan Amendment 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.
The Specific Plan Line is an exact
description of the 26 mile long and 300
foot wide transportation corrider.
Amend Zoning Ordinance, Section
17.55.030 of the Municipal Code which will
permit oil and gas extraction activities to
continue within the specific plan line.
City Clerk Pam McCarthy announced prior to this
hearing we received approximately 86 pieces of
correspondence and 235 postcards in opposition
of the proposed South Beltway corridor, known as
the Hosking Road Alignment. Prior to the
cancellation of the South Beltway corridor hearing
on March 29, 2000 approximately 40 pieces of
correspondence in opposition was received.
However, some protest received may be
duplicates, final count pending verification.
Development Services Director Jack Hardisty
gave background information. Engineering
Services Manager Jack LaRochelle gave a
computer presentation and provided additional
information.
ACTION TAKEN
RES5~O0
RES 53-00
FR
Hearing opened at 9:15 p.m.
Bakersfield, California, May 24, 2000 - Page 10
b
HEARINGS continued
The following individuals spoke in opposition of
staff recommendation: John Fallgatter, Steve
Gerber and Tom Fallgatter representing Mr.
Antongiovanni.
The following individuals spoke in support of staff
recommendations: Roger Mclntosh representing
Delfino Brothers; Kenneth Kind, Attorney,
representing some homeowners; Jim Delmarter
Robert Castro; and Debra Harrison, submitted
petition.
The following individuals spoke in rebuttal in
opposition to staff recommendation: Eric Ziegbr,
City of Taft, submitted written material; Tom
Falgatter, and John Fallgatter.
The following individuals spoke in rebuttal, in
support in support of staff recommendation:
Grahm Kaye-Eddy, submitted written material;
Dennis Scott representing Kern High School
District; and George Borba.
Hearing closed at 9:59 p,m.
Motion by Carson to adopt the resolution
certifying the Final Environmental Impact
Report and adopting Statement of Overriding
Considerations; adoption of resolution
transmitting General Plan Amendment
P98-0760 and Specific Plan Line to Kern
County for further review, hearing and
consideration, by the Board of Supervisors;
and first reading of the ordinance, also include
an amendment to the resolution strongly
encouraging the Board of Supervisors to
remove the Hosking Road alignment and reject
it from further consideration.
ACTION TAKEN
APPROVED
10. REPORTS
None.
Bakersfield, California, May ;24, 2000 - Page 11
11.
DEFERRED BUSINESS
Ordinance repealing Section 2.84.170 of the
Bakersfield Municipal Code pertaining to
Sanitation Division Employees. (First reading May
10, 2000)
Motion by DeMond to adopt the ordinance.
ACTION TAKEN
ORD 3962
APPROVED
12.
NEW BUSINESS
Adoption of New Policy for Improvement
Standards for Median Islands.
Public Works Director Raul Rojas introduced
Civil Engineer Ted Wright who gave a brief
computer presentation.
Public Works Director Raul Rojas stated he will
develop a prioritized list, by ward, of allof the
island medians for Council's review.
Motion by Sullivan to adopt the new policy.
13.
COUNCIL STATEMENTS
Couch requested staff provide an update to Council
regarding the status of the tree ordinance discussed
in Urban Development Committee,
Couch requested Assistant City Manager John
Stinson call him regarding a list of referrals.
DeMond requested staff review the policy regarding
removing trees in public right-a-ways and who's
responsibility it is to replace the trees,
DeMond again referred a previous referral to staff
regarding walls which will close off the alley for the
first block south of 24th Street, and if doing so would
it meet approval by the Police and Fire Departments,
Maggard requested staff in the future review the
possibility of providing a list of marginal items in the
budget to Council.
138
Bakersfield, California, May 24, 2000 - Page 12
13.
COUNCIL STATEMENTS continued
Maggard requested staff review the possibility of a
stop sign at Panorama and University and asked staff
to discuss this issue with him.
ACTION TAKEN
14.
ADJOURNMENT
Motion by Carson to adjourn at 11:35 p.m.
MA'CYOR of t~e E;it~'°f Bakersfield, CA
APPROVED
ATTEST:
CITY CLERK and Ex Officio ¢'¢/rk of the
Council of the City of Bakersfield