HomeMy WebLinkAbout01/14/1998 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 14, 1998
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:
2. WORKSHOP
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith (seated at 5:19), McDermott,
Sullivan (seated at 5:37), Salvaggio
None
Update on Contract Negotiations with Ogden
Entertainment for Privatization of Arena.
City Manager Alan Tandy provided an oral presentation
on the status of the contract and introduced Frank
Russo, Ogden Entertainment who provided an oral
presentation.
ACTIONTAKEN
Kern River Freeway Alignment.
Public Works Director Rojas introduced Engineering
Services Manager LaRochelie who provided an oral
presentation on the Kern River Freeway Alignment and
referred to displayed maps.
Mary Fredericks representing Cal Trans was available to
answer questions.
Bakersfield Sister City Corporation
Mayor Price introduced David Urner who provided a
Sister City Update for 1998.
Leland Lutrell provided an update on Sister City events.
Motion by Rowles to recess to Closed Session at 5:57 p.m. APPROVED
Bakersfield, California, January 14, 1998 - Page 2
CLOSED SESSION
a. Conference with Legal Counsel §54956.9(c) - Potential
Litigation. Initiation of litigation. One potential case.
Motion by Rowles to adjourn from Closed Session at 6:45
p.m.
ACTIONTAKEN
STAFF
RECEIVED
INSTRUCTION
APPROVED
REGULAR MEETING
INVOCATION by Don Leonard, First Assembly of God Church
PLEDGE OF ALLEGIANCE by Cory Wiltsey, Troop 407
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on
Page 2.
ACTION TAKEN
PRESENTATIONS
Mayor Price presented an Anniversary Certificate from the
League of California Cities to Council.
Councilmembers McDermott, DeMond and Smith; and Jeanette
Richardson, Centennial Committee, presented awards to the
following:
Chief Ron Fraze, Bakersfield Fire Department - Sweepstakes
Award; Brad Underwood, City's Employees Union - 1s~ Place
Theme Award; Panama Baptist Church - 2® Place Theme
Award; New Life Christian School ~ 3"d Place Theme Award
Honorable Mentions: Greenfield Union School District; Model T
Club; Sheriff Carl Sparks.
Mayor Price presented the Mayor's Award to Golden Empire
Transit.
Mayor Price asked for a moment of silence in memory of Ed
Kuehn, former Geneal Services Assistant Superintendent.
Bakersfield, California, January 14, 1998 - Page 3 ~ ~ '"~
PUBLIC STATEMENTS
Davin Burke spoke regarding the Kern River Freeway
Alignment (Item 2.b.) and submitted written material.
Larry Bright spoke regarding speed bumps on Quailwood
Drive and submitted petitions.
Rowles directed Public Works staff to provide a
drawing of what the speed bump area in Quailwood
will look like, distribute to all affected parties and
schedule a public meeting.
ACTION TAKEN
7. APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. December 17, 1997 Council Meeting.
Payments:
Payments from December 6, 1997 to January 5, 1998 in
the amount of $9,340,965.79; and Self Insurance
payments from December 6, 1997 to January 5, 1998 in
the amount of $109,052.51.
Resolutions:
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No. 398,
Panama No. 12, located west of Freeway 99 near
Panama Lane. Ward 7
Resolution supporting the State Route 58 Adoption
Corridor (Kern River Freeway) Project. Ward 4
Agreements:
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5426,
Phase C, south of Stockdale Highway, west of
Old River Read. Ward 4
RES 1-98
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 98-1
~.~ ~ , Bakersfield, California, January 14, 1998 - Page 4
CONSENT CALENDAR continued
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract 5426,
Phase D, south of Stockdale Highway, west of
Old River Road. Ward 4
Final Map and Improvement Agreement with
Castle & Cooke California, inc. for Tract 5876,
Phase B, north of Ming Avenue, west of Old
River Road. Ward 4
Agreement with Kwik Signs (Jim Ward) to become the
administrator for the City-Wide Subdivision Kiosk
Program.
Agreement with County of Kern granting road and utility
easement at Jewetta Avenue and Brimhall Road. Ward 4
On-Call Traffic Signal Engineering Services Agreements
to provide additional engineering services:
Amendment No. 1 to Agreement No. 97-216 with
Albert Grover & Associates, $25,000.
Amendment No. 1 to Agreement No. 97-217 with
Ronald F. Ruettgers, $25,000.
Amendment No. 1 to Agreement No. CA97-2 with Wall,
Wall & Peake (Larry Peake) to increase contract amount
from $20,000, not to exceed $30,000.
Amendment No. 3 to Agreement No. 83-108 with Martin
S. Smoot, allowing additional access to Parcel A of
Parcel Map Waiver No. P97-0259. Ward 4
Bids:
Miscellaneous:
Organizational Issues, Personnel Changes and
New/Revised Job Specifications:
Amendment No. 4 to Resolution No. 12-96
setting salaries and related benefits for
employees of the White Collar Unit.
Job Specifications for Legal Secretary - Municipal
Law; and Legal Secretary - Litigation combined
into one Legal Secretary classification; create
new Recreation Specialist classification.
ACTION TAKEN
AGR 98-2
AGR 98-3
AGR 98-4
AGR 98-5
AGR 97-216(1)
AGR 97-217(1)
AGR CA97-2(?)
AGR 83-108(3)
RES 12-96(4)
Bakersfield, California, January 14, 1998 - Page 5 "'
CONSENT CALENDAR continued
Reclassifications: Legal Secretary-Municipal Law
and Legal Secretary- Litigation to Legal
Secretary; 1 Legal Secretary position to
Administrative Assistant II; and 1 Civil Engineer
III position to Engineer IV.
Appropriate $15,000 Capital Outlay Fund balance to
Finance Department Operating Budget for carpet
replacement. Ward 4
Appropriate $128,000 P.G. & E. Rebate and $422,000
Equipment Fund Balance to the Public Works General
Fund Operating Budget for purchase and installation of
Light Emitting Diode (LED) red lights.
Transfer $50,000 Transportation Development Fund
appropriations to the Nondepartmental Operating Budget
in the City Debt Service Fund for principal on the
Twisselman Note.
Bakersfield Pedestrian Overcrossing on Union Avenue,
Wards 1, 2:
Appropriate $2,000 contributions and $5,000
State share of project to the Public Works
Operating Budget within the General Fund.
Transfer $2,500 from Council Contingency to
Public Works Operating Budget within the
General Fund.
Appropriate $200,000 Fund Balance to the Capital
Improvement Budget within the Coffee Road Bond Fund
for eminent domain acquisition. Ward 4
Motion by Rowles to adopt Consent Calendar Items a.
through p. with the exception of Item d.
ACTION TAKEN
APPROVED
Resolution supporting the State Route 58 Adoption
Corridor (Kern River Freeway) Project. Ward 4
Motion by McDermott to adopt Consent Calendar Item d.
RES 2-98
APPROVED
NS DEMOND
SALVAGGIO
Bakersfield, California, January 14, 1998 - Page 6
HEARINGS
Resolution authorizing the issuance of Multi-Family
Housing revenue bonds, not to exceed $17 million, by
the California Statewide Communities Development
Authority. (TEFRA) Ward 4
Correspondence dated January 14, 1998, was received
from Roger Buelou in opposition.
Hearing opened at 7:22 p.m.
The following individuals spoke in opposition to staff
recommendation:
Oscar Rudnick; Fred Gifford and provided written
material; John Frassel; Kendall Marshall; and Jeff
Chrisman
The following individuals spoke in support of staff
recommendation: Peter Herzog and Bonnie Godfrey.
The following individuals spoke in rebuttal (opposition) to
staff recommendation:
Oscar Rudnick; Jeff Chrisman and Ron Barry.
The following individuals spoke (rebuttal) in support of
staff recommendation:
Paul Caig and Peter Herzog.
Hearing closed at 7:45 p.m.
Motion by McDermott to deny resolution.
ACTION TAKEN
APPROVED
NS DEMOND
Proposed expenditures of Bureau of Justice Assistance
Local Law Enforcement Block Grant Funds; appropriate
$127,000 grant monies to the Police Operating Budget in
the General Fund; and appropriate $68,000 Equipment
Fund balance for acquisition of three additional vehicles.
Hearing opened at 7:56 p.m.
No one spoke at hearing.
Hearing closed at 7:57p.m.
Motion by Rowles to approve appropriation.
APPROVED
Bakersfield, California, January 14, 1998 - Page 7
HEARINGS continued
Regional Mortgage Company, Inc. requests to amend
the Metropolitan Bakersfield 2010 General Plan Land
Use Element from Low Density Residential to General
Commercial on 17.95 acres, for property located at the
southeast corner of Stine Road and Hosking Avenue.
(GPNZone Change No. P97-0655) Ward 6
Development Services Director Hardisty provided
background information.
Hearing opened at 8:00 p.m.
No one spoke at hearing.
Hearing closed at 8:01 p.m.
Motion by Sullivan to continue to the next GPA Cycle.
ACTION TAKEN
APPROVED
Grand Canal Project, General Plan Amendment/Zone
Change P97-0133, located between State Route 99,
the Arvin-Edison Canal, South H Street and the
Berkshire Road alignment: Ward 7
Resolution making findings and certifying that the
Final EIR has been completed in compliance with
CEQA, the State EIR Guidelines and the City of
Bakersfield CEQA Implementation Procedures
regarding the Grand Canal Project.
Martin-Mcintosh requests to amend the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan by changing the land use
designation from Low Density Residential on
47.03 acres and High Medium Density
Residential on '~6.70 acres to General
Commercial.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-25 by
changing the zoning on 63 acres from One
Family Dwelling to Planned Commercial
Development for the Grand Canal Project.
Rowles announced abstention due to employer
involvement in the project.
RES 3-98
RES 4-98
FR
Bakersfield, California, January 14, 1998 - Page 8
HEARINGS continued
Development Services Director Hardisty provided
background information.
Hearing opened at 8:07 p.m.
The following individuals spoke in opposition to staff
recommendation:
Sharon Walker; Herman Ruddell, Downtown Business
Association, and submitted written material; and Arthur
Unger, Sierra Club.
The following individuals spoke in support of staff
recommendation:
Roger Mcintosh, representing Daystar Development
Corp. and John Giumarra Jr.; Arthur Doland; Mary Shell;
Ron Mill; Darlena Alvidrez; Jackie Middleton; Albert
Watkins and David rvlillazo.
The following individuals spoke in rebuttal (opposition) to
staff recommendation:
Sharon Walker and Arthur Unger.
The following spoke in rebuttal (support) of staff
recommendation:
Roger Mcintosh; John Giumarra, Jr.; and Yehuda
Netanel.
Hearing closed at 8:47 p.m.
Smith recognized Roger Mcintosh to answer questions.
Motion by Salvaggio to adopt resolutions and give
first reading to ordinance.
ACTIONTAKEN
APPROVED
ABS ROWLES
Mayor Price announced a recess at 9:15 p.m. and reconvened
the meeting at 9:23 p.m.
Valley Plaza Theater Project, General Plan
Amendment/Zone Change P97-0656, located
along the west side of Castro Lane between
Valley Plaza Shopping Center and Lum Avenue
Ward 7:
Valza Corporation request to amend the
Metropolitan Bakersfield 2010 General
Plan Land Use Element from High
Density Residential to Major Commercial
on 1.42 acres.
RES 5-98
Bakersfield, California, January 14, 1998 - Page 9
HEARINGS continued
Ordinance denying the requested
Regional Commercial and approving an
amendment to Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 123-
12 from Limited Multiple Family Dwelling
to Automobile Parking on 1.42 acres.
2. Plan for development of a theater at Valley Plaza.
Development Services Director Hardisty provided
background information.
Hearing opened at 9:28 p.m.
The following individuals spoke in support of staff
recommendation:
Clay Suskin; Shannon Ely; and Tom Fallgarter,
representing Valley Plaza.
Hearing closed at 9:34 p.m.
Motion by Salvaggio to adopt resolution and give
first reading to ordinance.
ACTION TAKEN
FR
APPROVED
General Plan AmendmentJZone Change P97-0395:
City of Bakersfield requests to amend the Land
Use Element of the Metropolitan Bakersfield 2010
General Plan adding 4 policies that encourage
incorporation of land encumbered with electrical
transmission line easements operating at 50,000
volts or above as a design component of a
development.
Amendment to the Parks Element of the
Metropolitan Bakersfield 2010 General Plan
amending Policy No. 1 and Implementation No. 9
to allow park land credit of up to 1.5 acres per
1,000 population for residential developments
incorporating park-like improvements within land
encumbered by electrical transmission line
easements.
RES 6-98
Bakersfield, California, January 14, 1998 - Page 10
HEARINGS continued
Ordinance amending Section 15.78.030B. of the
Bakersfield Municipal Code to add an exemption
from Habitat Conservation Plan fees for land
encumbered by electrical transmission line
easements if the easement area is incorporated
into the development.
Ordinance amending Section 15.80.120A. of the
Bakersfield Municipal Code to allow credit toward
the park land requirement of 1.5 acres per 1,000
population for residential developments
incorporating park-like improvements within the
land encumbered by electrical transmission line
easements.
Development Services Director Hardisty provided
background information
Hearing opened at 9:40 p.m.
No one spoke at hearing.
Hearing closed at 9:40 p.m.
McDermott requested staff contact NOR Recreation &
Parks and suggest they consider implementing a similar
concept.
ACTION TAKEN
FR
FR
Motion by McDermott to adopt resolutions and give
first reading to ordinances.
APPROVED
General Plan Amendment P97-0216 and Sphere of
Influence Amendment 1-97:
1,
City of Bakersfield requests to amend the Land
Use Element of the Metropolitan Bakersfield 2010
General Plan to incorporate land use changes
and specific plan documents approved by County
of Kern, subject to LAFCO approval of Sphere of
Influence Amendment 1-97.
Proposed amendment to LAFCO Sphere of
Influence to include territory east, west and south
of the current Sphere of Influence line to be
consistent with the boundary of the Metropolitan
Bakersfield 2010 General Plan excepting the
community of Lamont.
Bakersfield, California, January 14, 1998 - Page 11 ~ ~')
HEARINGS continued
Development Services Director Hardisty provided
background information
Hearing opened at 9:50 p.m.
The following individuals spoke in support of staff
recommendation:
Ty Stillman, Enron Oil & Gas Company, and provided
written material; Terri Bjorn, representing Enron Oil &
Gas; and Karen Northcurt, McAllister Ranch.
Hearing closed at 9:55 p.m.
Motion by McDermott to defer to next GPA Cycle.
ACTION TAKEN
APPROVED
10.
REPORTS
a. Budget and Finance Committee Report No. 1-98
regarding Contribution to the Bakersfield Save Our Sign
Foundation. Wards 1, 2
Motion by Rowles to accept report and implement
recommendations.
APPROVED
Vicious and Dangerous Animals Administrative Review
Board:
Legislative and Litigation Committee Report No.
1-98 regarding Guidelines for Appointment of
Vicious and Dangerous Animals Administrative
Review Board.
Ordinance amending Section 6.04.110E. and F.,
and adding Section 6.04.110G. to the Bakersfield
Municipal Code relating to vicious or dangerous
animals.
Motion by Sullivan to accept report, implement
recommendations and give first reading to
ordinance.
FR
APPROVED
~.j })I ~ Bakersfield, California, January 14, 1998 - Page 12
11.
DEFERRED BUSINESS
Ordinance repealing Chapter 15.65 of the Bakersfield
Municipal Code and amending Chapter 8.60 of the
Bakersfield Municipal Code relating to responsibilities of
the Bakersfield City Fire Department Environmental
Services Division, as the Certified Unified Program
Agency within the City of Bakersfield. (First reading
12/17/97)
Motion by Rowles to adopt ordinance.
ACTION TAKEN
ORD 3814
APPROVED
12.
NEW BUSINESS
Ordinance amending Section 19.12.010 of the
Bakersfield Municipal Code relative to billing collection
and payment of charges for airport tenants. Ward 1
Ordinance amending Title 17 of the Bakersfield Municipal
Code and City Zoning maps located in the
unincorporated county area within the City's Sphere of
Influence boundary. (Prezoning No. P97-0743)
FR
FR
13.
COUNCILSTATEMENTS
McDermott thanked everyone in the community in celebrating
the Birthday of Bakersfield, and provided a Centennial
Foundation Celebration events update:
· Celebration of the spiritual heritage, January 18;
· Downtown School event, January 24;
· Centennial Chardonnay reception, February 21;
· Decades of Health, East Hills Mall.
DeMond requested staff consider budgeting for additional
resurfacing and light placement in her ward.
Salvaggio requested staff respond to previous referral
regarding a letter and video from Alex Candia, Sr. regarding
noise problems in his neighborhood.
Salvaggio requested an update on the condition of the
house at 3608 Teal Street, and if someone resides there.
Salvaggio requested Engineering Services Manager
LaRochelie provide a project study report on the matter they
previously discussed.
Bakersfield, California, January 14, 1998 - Page 13 ~"
13.
COUNCIL STATEMENTS continued
Salvaggio requested Public Works Director Rojas and
Engineering Services Manager LaRochelie contact Clarence
Minnerly and Planning Director Gredy to schedule a meeting
next week regarding property at So. H and White Lane.
Salvaggio thanked Mayor Price for the letter to the Board of
Supervisors on their Negative Declaration for the "pay as you
throw" gate fee.
Smith thanked Jeanette Richards, Centennial Celebration
Committee, for her work on the Party of the Century.
Smith announced she will not be seeking re-election in
November.
Carson congratulated the Centennial Committee for a job well
done on the Party of the Century.
Carson congratulated the Fire Department for their participation
in the Centennial Parade.
Carson requested Development Services Director Hardisty
provide a status report on Union Avenue Code Enforcement
and how the problem will be resolved.
Sullivan thanked McDermott and the Centennial Committee.
Sullivan announced Barbara Don Cados-Martin, Building
Industry Association, has been diagnosed with lung cancer and
would appreciate your prayers.
Mayor thanked everyone that worked on the City float for the
Centennial Parade.
Rowles thanked General Services Superintendent Brad
Underwood, the Centennial Committee and everyone that
worked on the City float.
Rowles referred the issue of the Quailwood speed bump
policy implementation to Public Works Department and
requested a letter be provided to property owners informing
them that a public hearing will be scheduled to provide
further information.
ACTION TAKEN
Bakersfield, California, January 14, 1998 - Page 14
13.
COUNCIL STATEMENTS continued
Rowles thanked Public Works Department for the work on
Oak Street with the Quality Inn and requested they continue
working on the drainage issue and keep him informed of the
progress.
ACTION TAKEN
Row/es announced he enjoyed working with Councilmember
Smith and hopes they have the best year to come.
14. ADJOURNMENT
Motion by Rowles at 10:20 p.m.
ATTEST:
CITY CLERK and Ex Offioi,.o~Cler~/f the Council
of the City of Bakersfield, CA
APPROVED