HomeMy WebLinkAbout02/14/01 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 14, 2001
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 Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard (seated at 5:26 p.m.), Couch,
Hanson, Sullivan (seated at 5:24 p.m.)
None
ACTION TAKEN
2. WORKSHOP
City Center Update and Stadium Design
Presentation
City Manager Tandy introduced Gino Rossetti,
who acknowledged associates Bob Lyons and
James Byrum, and gave a computer presentation
and provided written material.
Mayor Hall announced the City Center Update by
City Manager Alan Tandy will be heard under the
Reports section of the Agenda.
Motion by Salvaggio to recess to Closed Session at
6:04 p.m.
CLOSED SESSION
Public Employee Performance Evaluation - City
Attorney. Closed Session pursuant to Subdivision
(a) of Government Code Section 54947.
APPROVED
APPROVED
Motion by Benham to adjourn Closed Session at 6:56
p.m.
Bakersfield, California, February 14, 2001 - Page 2
REGULAR MEETING
1. INVOCATION by Pastor John M. Scoggins, Jr. of Rosedale
Bible Church
ACTION TAKEN
PLEDGE OF ALLEGIANCE by James Dunn, Scout Troop
712
ROLL CALL
Present: Mayor Hall, Vice-Mayor Salvaggio,
Councilmembers Carson, Benham,
Maggard, Couch, Hanson, Sullivan
Absent: None
CLOSED SESSION ACTION
Mayor Hall announced the City Council, by a vote of 7 to
0, approved a medt increase in the City Attorney's salary
of 4%, plus an increase of $500/year in City paid deferred
compensation and directed the City Attorney to bring back
to the Council for consideration, an amendment to the
employment contract embodying such changes, at the
next Council meeting.
PRESENTATIONS
Mayor Hall presented Recognition Certificates and
Award to Bakersfield Police Department Reserve
Officers. Sergeant Greg Williamson recognized
officers: Robert Guyton, Doug Jauch, Doug
Weybright, Bob Wolfe, Shane Denton, Billy
Owens, Melissa Cahill, Lynden Stout, Dominic
Gonzalez, Kevin Hudiburg, Jacque Miller, Kelly
Graves, David Palmer, Ricky Martin and Donald
Underwhill, Steve Lee and Rick Fowler.
Presentation by Mayor Hall of Proclamation to Ted
Wright, President of Amedcan Society of Civil
Engineers Southern San Joaquin Branch,
proclaiming February 18-24, 2001 as "National
Engineers Week".
Bakersfield, California, February 14, 2001 - Page 3
PRESENTATIONS continued
c. Trees for the Millennium Grant Award:
Mr. Dave Hillman, CDF/Tulare County Fire
Chief presented a check in the amount of
$9,000 for the purchase of trees for public
property.
Appropriate $9,000 Grant Award to
Recreation and Parks Operating Budget
within the General Fund.
Motion by Salvaggio to accept the check and
appropriate $9,000 of the grant monies.
PUBLIC STATEMENTS
Gene Tackett spoke regarding Town Hall meeting
for High Speed Rail, at Cai State University
Bakersfield on Monday, February 26, 2001.
Richard D. Hill spoke regarding curb cuts for
disabled.
Salvaggio referred the issue of handicap
access at the bus stop at Wilson Road, across
from Wilson Library.
Maggard requested Economic/Community
Development staff assist Mr. Hill regarding
PG&E.
Jamie A. Thornberry spoke regarding Freedoms
Foundation.
d. Becky Kaiser spoke regarding annexations.
Henry Miller announced the opening of a 99¢ Only
Store on 2682 Mt. Vernon on February 22, 2001
at 8:30 a.m.
Stuart Gentry spoke regarding the DownTown
Project.
Marvin Dean spoke regarding the Southeast PAC
concerns regarding the City Center Project
business and property owners displacement.
Couch requested staff provide information to
Mr. Dean regarding tenant/property owner
displacemenL
ACTION TAKEN
APPROVED
Bakersfield, California, February 14, 2001 - Page 4
APPOINTMENTS ACTION TAKEN
None.
CONSENT CALENDAR
Minutes:
a. January 31, 2001 Council Meeting.
Payments:
Payments from January 19, to February 01, 2001
in the amount of $3,984,207.97; and Self
Insurance payments from January 19, to February
01, 2001 in the amount of $84,466.69.
Resolutions:
Resolution of Intention No. 1235 adding territory,
Area 4-19 (Alfred Harrell, 178) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report. (Ward 3)
Resolution approving a Memorandum of
Understanding for the employees of the
Association of Bakersfield Police Officers for
salaries and related benefits, and adopting salary
schedule.
Assessment District No. 01-1 (Ming at
Allen/Mountain Vista Drive/Hampton Place) (Ward
4)
Resolution accepting Petition and
Determining to undertake special
assessment proceedings.
2. Resolution approving Boundary Map
3. Resolution of Intention No. 1236.
Agreement with Orrick, Herrington &
Sutcliffe, Bond Counsel, for legal services.
Agreement with Cox, Castle & Nicholson,
Disclosure Counsel, for legal services.
ROI 1235
RES 012-0,1
AGR Of-030
RES 0'13-01
RES 014-01
ROI 1236
AGR 0'1.03'1
AGR 0'1-032
Bakersfield, California, February 14, 2001 - Page 5
CONSENT CALENDAR continued
New Job Specification, Reclassifications and
Change to Salary Schedule.
Amendment No. 11 to Resolution No. 108-
99 setting salades and related benefits for
Officers and Employees of the General
Supervisory, Police Supervisory and
Management Units and adopting salary
schedule and related benefits for
Supervisor Office Administration,
Communications and Special Projects.
New Job Specification: Supervisor- Office
Administration, Communications and
Special Projects.
Reclassifications: Administrative Assistant
II to Supervisor - Office Administration,
Communications and Special Projects;
Secretary I to Administrative Assistant I.
Agreements:
g. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement
with Normal Development Corporation for
Tract 5529, Phase 2, located north of
Berkshire Road, east of Akers Road .
(Ward 7)
Final Map and Improvement Agreement
with Normal Development Corporation for
Tract 5529, Phase 3, located north of
Berkshire Road, east of Akers Road. (Ward
7)
Final Map and Improvement Agreements
with Polo Greens LLC for Tract 5596,
Phase 4, located at the northeast corner of
Hageman Road and Verdugo Lane. (Ward
4)
Final Map and Improvement Agreements
with Lifestyle Homes of California for Tract
5980, located at the southeast corner of
Pacheco Road and Monitor Street. (Ward 1)
ACTION TAKEN
RES 108-99(11)
AGR 0f-033
AGR 01-034
AGR 0f-035
AGR 0~-036
AGR 01-037
AGR 0f-038
:36
Bakersfield, California, February 14, 2001 - Page 6
CONSENT CALENDAR continued
Agreement with the Law Offices of Hanna,
Bmphy, MacLean, McAleer & Jensen, $40,000 for
Workers' Compensation Legal Services, to be
paid from the Self-Insurance Workers'
Compensation Fund.
Memorandum of Agreement between City of
Bakersfield, County of Kern, and Kern Council of
Governments, to fund a Metropolitan Bakersfield
Transportation Systems Study, City share of
$25,000.
Agreement with Wilson & Associates, not to
exceed $79,000, to provide specialized
assessment engineering services for various
assessment districts.
Amendment No. 1 to Agreement No. 00-9 with
Thyssen Dover Elevator to include maintenance of
the elevator located at the City-owned 18th and
Eye Street Parking Garage, not to exceed $2,820
annually. (Ward 2)
Buena Vista Trunk Sewer Phase II and widening
of Buena Vista Road from San Joaquin Valley
Railroad to White Lane Project. (Ward 4)
Award Contract to Utah Pacific
Construction (Base Bid - $7,782,515 and
Additive Alternate No. 2 - $58,104) for the
construction of Buena Vista Trunk Sewer
Phase II, from White Lane to Gosford
Road and the widening of Buena Vista
Road from San Joaquin Valley Railroad to
White Lane.
Agreement with property owner to pay
construction costs for curb, gutter and
drainage improvements in installments
and notice of special assessment lien.
Resolution confirming assessment for
curb, gutter and drainage improvements
construction costs and authorizing the
collection of assessments by the Kern
County Tax Collector.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 0'!-040
AGR 0'1-04'1
AGR 00-9(1)
CON 01-042
AGR 0'1-043
RES 0'15-0'1
Bakersfield, California, February 14, 2001 - Page 7
CONSENT CALENDAR continued
Appropriate $60,000 fund balance for the
median improvements and $58,104
Special Assessment Lien for the
reimbursable improvements on private
property to the Capital Improvement
Budget within the Transportation
Development and Gas Tax Funds.
Bids:
Award Annual Contract to Penhall Company, not
to exceed $25,000 to remove pavement stripes
and markings at various locations throughout the
City.
Award Annual Contract to Loop Electric, not to
exceed $25,000, for Vehicle loop cutting services
at various intersections within the City.
Accept bids from Econolite Controls Products,
$118,589.17; Wesco Distribution $85,762.65; U.S.
Traffic Corporation $65,113.69; McCain Traffic
Supply $51,982.74; Lingo Industrial Electronics
$18,642.61; MiI-Lektron $17,660.35; and Traffic
Parts Incorporated $1,794.39 for traffic signal
equipment. Total $359,545.60.
Miscellaneous:
Easement to Pacific Bell, $5,000 for
communication vault at Wastewater Treatment
Plant No. 3 adjacent to Taft Highway
approximately 600 feet east of Gosford Road.
(Ward 6)
ACTION TAKEN
CON 0'1-044
CON 0'1-045
DEED 5379
;37
Maggard announced conflict of interest on Consent
Calendar Item n. due to potential source of income.
Motion by Salvaggio to adopt Consent Calendar Items
a. through p. with separate consideration of Item h.
Agreement with the Law Offices of Hanna,
Brophy, MacLean, McAleer & Jensen, $40,000 for
Workers' Compensation Legal Services, to be
paid from the Self-Insurance Workers'
Compensation Fund.
Motion by Carson to approve Consent Calendar Item
h.
APPROVED
AGR 01-039
APPROVED
HEARINGS
a~
Bakersfield, California, February 14, 2001 - Page 8
General Plan Amendment No. P00-0468: (Ward 4)
Castle & Cooke California, Inc. has requested an
amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of a change from High Medium Density
Residential to Low Medium Density Residential on
27.91 acres located along the north side of Ming
Avenue (extended) and the west side of Buena
Vista Road.
Hearing opened at 7:56 p.m.
No one spoke at hearing.
Hearing closed at 7:56 p.m.
Motion by Couch to adopt the resolution
approving the Mitigated Negative Declaration
and General Plan Amendment.
General Plan Amendment No. P00-0660: (Ward 3)
Kyle Carter Homes is requesting a General Plan
Amendment from Low Medium Density
Residential to Low Density Residential on 58
acres and Open Space to Low Density Residential
on 106 acres and amend the Circulation Element
to designate Paladino Drive, to a local street and
amend the Specific Trails Plan to designate a
Class III trail. The project site is 164 acres in size
and is located north of State Route 178 and east
of Alfred Harrell Highway.
Resolution adopting the Negative Declaration and
approving the:
Amendment to the Land Use Element of
the Metropolitan Bakersfield 2010 General
Plan from Low Density Residential to Low
Medium Density Residential on 58 acres
and Open Space - Slopes exceeding 30%
to Low Density Residential on 106 acres;
and
ACTION TAKEN
RES 016-0~
APPROVED
RES 0t7-01
Bakersfield, California, February 14, 2001 - Page 9 ~ 9
HEARINGS continued
Amendment to the Cimulation Element of
the Metropolitan Bakersfield 2010 General
Plan in designating Paladino Drive,
between State Route 178 and Alfred
Harrell Highway, from a Collector to a
Local Street and realigning said
designation; and
Amendment to the Specific Trails Plan in
designating the Class II Trail, between
State Route 178 and Alfred Harrell
Highway, to a Class III Trail and realigning
said designation.
Hearing opened at 7:57 p.m,
Tom Falgatter, representing Lyles Diversity spoke
in opposition of staff recommendation.
The following individuals spoke in support of staff
recommendation: Kyle Carter and Randy
Burkowich, Porter-Robertson.
Tom Fallgatter spoke in rebuttal in opposition of
staff recommendation.
Marty Buck spoke in rebuttal in support of staff
recommendation.
Hearing closed at 8:17 p.m.
Mayor Hall recessed the meeting at 8:58 p.m. and
reconvened at 9:10 p.m.
Motion by Maggard to adopt the Negative
Declaration approving the amendment with
conditions: l) The bike path will run through
this development separate from the private
road at an alignment that is at the discretion of
Mr. Carter, acceptable to the City Engineer and
would include the entrance and exit to the bike
path at AIfred Harrell and Paladino; 2) General
Plan Amendment Exhibit C., Item 2. regarding
178 improvements be deleted; 3) Private park
to remain private by deleting Condition No. 5;
4) The developer shall be responsible to place
whatever water line Cai Water deems
appropriate through their subdivision which is
intended to relieve Mr. Lyles from having to do
this 5) The developer to be reimbursed as
quickly as possible; 6) and address language
regarding habitat exchange of land.
ACTION TAKEN
APPROVED
NS HANSON
Bakersfield, California, February 14, 2001 - Page 10
HEARINGS continued
General Plan Amendment and Zone Change No.
P00-0691: (Ward 6)
Ridgeview Church of the Nazarene is requesting
a General Plan Amendment to change the land
use designation from Low Density Residential to
Low Medium Density Residential on 4.8 acres and
to change the zoning from One Family Dwelling to
Limited Multiple Family Dwelling on the same 4.8
acres, located adjacent on the east side of Stine
Road, just south of Hosking Avenue.
Resolution adopting the Negative
Declaration and approving the amendment
to the Land Use Element of the
Metropolitan Bakersfield 2010 General
Plan from Low Density Residential to Low
Medium Density Residential.
Ordinance amending Title 17 of the
Municipal Code and Zoning Map No. 123-
35 from One Family dwelling to Limited
Multiple Family Dwelling.
Hearing opened at 9:28 p.m.
No one spoke at headng.
Headng closed at 9:29 p.m.
Motion by Sullivan to adopt the resolution and
first reading of the ordinance.
ACTION TAKEN
RES 0'18-01
FR
APPROVED
General Plan Amendment/Zone Change P00-
0744 and appeal of Planning Commission
Recommendation: (Ward 3)
Home Depot has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan and zoning on 27.90 acres, located
between State Route 178, Bernard Street, East
Hills Mall and Mt. Vernon Avenue in northeast
Bakersfield.
Resolution adopting the General Plan
Amendment to change the land use
designation from High Medium Density
Residential to General Commercial.
RES 022-0f
Bakersfield, California, February 14, 2001 - Page 11
HEARINGS continued
Resolution upholding the Planning
Commission and denying the amendment
of Title 17 of the Bakersfield Municipal
Code and Zone Map No. 103-22 from
One-Family Dwelling and Limited Multiple
Family Dwelling to Regional Commercial.
Correspondence has been received from Dennis
Sceales, dated February 12, 2001, Harvey Boyles
and Tommie Sparks, General Manager east Hills
Mall, dated February 13, 2001 in support of the
General Plan Amendment and Zone Change.
Hearing opened at 9:30 p.m.
The following individuals spoke in opposition of
staff recommendation: Scott Mommer,
representing Home Depot; James Rummell; Lee
Jamison and Steve Nations representing College
Parking Association.
Richard Monji spoke in support of staff
recommendation.
Scott Mommer spoke in rebuttal in opposition of
staff recommendation.
Hearing closed at 9:52 p.m.
Motion by Maggard to approve the Negative
Declaration and General Plan Amendment to
General Commercial for the entire premises
with the condition that property other than the
Home Depot pad remain Commercial other
property to be Planned Commercial
Development and submit plans for its future
development and an ordinance be prepared for
adoption at the next meeting making the zone
change effective, also, the street
configurations as described at this hearing be
incorporated in the overall plan for the
premises.
ACTION TAKEN
RES 023-01
APPROVED
Bakersfield, California, February 14, 2001 - Page 12
HEARINGS continued
General Plan Amendment/Zone Change P00-
0756 and appeal of Planning Commission
Recommendation. (County Jurisdiction)
Floyd Hinesley proposes a General Plan
Amendment and Zone Change from Agricultural
to Commercial. Project site consists of 18.77
acres located along the northwest corner of
Renfro Road and Stockdale Highway.
Resolution upholding the appeal and
denying the General Plan Amendment to
change the land use designation from
Resoume-lntensive Agriculture to General
Commercial.
Resolution upholding the Planning
Commission and denying the amendment
of Title 17 of the Bakersfield Municipal
Code and Zone Map No. 101-34 from
Agriculture to Regional Commercial.
Hearing opened at 10:30 p.m.
The following individuals spoke in support of staff
recommendation: Barbara Lomas, representing
Del Rio Concerned Citizens and Scott Kuney,
representing Bakersfield Real Estate Group.
Hearing closed at 10:35 p.m.
Motion by Couch to adopt the resolutions
denying the General Plan Amendment and
Zone Change.
ACTION TAKEN
RES 019-01
RES 020-0'1
APPROVED
General Plan Amendment P00-0796: (County
Jurisdiction)
City of Bakersfield has applied to amend the Land
Use, Circulation and Kern River Plan Elements of
the Metropolitan Bakersfield 2010 General Plan
consisting of several changes to the City's Land
Use, Circulation and Kern River Plan Element
maps to achieve consistency with the Kern County
Board of Supervisors' approved amendments
from July, 1996 to September 1999. These
amendments are eighteen separate sites located
within the County jurisdiction of the Metropolitan
Bakersfield 2010 General Plan.
RES 021-01
Bakersfield, California, February 14, 2001 - Page 13
HEARINGS continued
f. Hearing opened at 10:37 p.m.
No one spoke at hearing.
Hearing closed at 10:37 p.m.
Motion by Salvaggio to adopt the resolution
approving the amendments to the Land Use
Element, Circulation Element and Kern River
Plan Element of the Metropolitan Bakersfield
2010 General Plan.
ACTION TAKEN
APPROVED
10. REPORTS
None.
WORKSHOP continued
City Center Update and Stadium Design
Presentation.
City Manager gave a brief update.
Benham requested staff bring back a
resolution establishing an Architectural
Oversight Committee, to include two
Architects, one Planner, one representative
from the Arts community and one
representative who has expertise in trees,
landscaping and pedestrian friendly design,
for consideration on the next Council agenda,
Maggard requested staff explore reducing the
annual debt service on the loan by making
capital contribution with the possibility of
using a special projects capital fund to make
a down payment and asked staff to report
back,
11.
Bakersfield, California, February 14, 2001 - Page 14
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 124-08 and
124-17 by changing the zoning from a One-Family
Dwelling zone to a Light Manufacturing zone, on
approximately 200 acres, located south of Watts
Drive, north of East White Lane, between Madison
Street and South Union Avenue. Also included is
a small rectangular area at the northwest corner
of Watts Drive and Madison Street (ZC P00-835)
(First reading 1/31/01) (Ward 1)
Motion by Carson to adopt the ordinance.
Ordinance amending Subsection H. of Section
6.28.170 of Title 16 of the Bakersfield Municipal
Code relating to double frontage lots along streets
which function as major streets. (First reading
1/31/01)
ACTION TAKEN
ORD 3993
APPROVED
ORD 3994
Ordinance amending Section 17.28.020 of Title
17, of the Bakersfield Municipal Code, adding
Subsection D. related to additional uses in the
Light Manufacturing zone specific to the
Bakersfield Airpark. (First reading 1/31/01)
ORD 3995
Ordinance amending Subsection B.8 of Section
16.32.060 of Subsection D.8. of Section
16.32.080 of Title 16 of the Bakersfield Municipal
Code relating to canal fencing within one quarter
mile of a subdivision. (First reading 1/31/01)
Motion by Couch to adopt Deferred Business
Items b., c., and d.
ORD 3996
APPROVED
12. NEW BUSINESS
None.
13.
COUNCIL & MAYOR STATEMENTS
Couch submitted several referrals to staff.
Couch requested to attend the Planners' Conference in
March. There were no objections from Council.
Couch thanked staff for their work on City investments.
13.
Bakersfield, California, February 14, 2001 - Page 15
COUNCIL & MAYOR STATEMENTS continued
Couch requested City Manager Tandy inform Council
when the second check from Mr. Olmscheid for City
Center Project is received.
Couch requested staff put financial information
regarding the City Center project on the City website.
Couch requested staff provide an update regarding
the North American Power or PG &E Power Plant.
Couch complimented Police Chief Matlock for Citizen's
Academy and also stated a letter was received from a
citizen who attended a meeting acknowledging Rachael
Meek for a job well done.
Maggard thanked his colleagues for their support and
patience, and staff for their assistance.
Maggard submitted a memorandum to Development
Services Director Hardisty regarding a proposed
resolution regarding future development of open
space for Northeast Bakersfield for corrections, to be
submitted by 2/16/01.
Maggard referred to Recreation and Parks Director
Ford review of the possibility of having outdoor
movies in the parks.
Benham referred to Budget and Finance Committee
a request from the Bakersfield Museum of Art to
consider co-sponsorship of an upcoming exhibit and
submitted written material.
Benham referred to staff a request from a property
owner on Jeffrey Street regarding code enforcement.
Hanson made comments regarding the City Center
Project/Multi-Purpose Stadium.
Carson announced there will be a transportation
alignment meeting at the Martin Luther King Center at
5:30 on Friday, February 23, 2001 and invited citizens to
attend.
Carson asked a question regarding horseback traffic
control Downtown. Police Chief Matlock responded.
Sullivan thanked Mayor Hall for the Valentine's Cookie
Bouquet.
ACTION TAKEN
Bakersfield, California, February 14, 2001 - Page 16
13.
COUNCIL & MAYOR STATEMENTS continued
Salvaggio referred to Development Services the issue
of three different signs at the hotel on White Lane &
Highway 99.
Salvaggio referred to the Police Department the issue
of big rigs/commercial vehicles parking on Los
Carneros Street.
MaYor Hall complimented Solid Waste Director Kevin
Barnes on the implementation of the oil recycling
Program.
Mayor Hall stated he participated in a community school
event at Mesa Marin Raceway and complimented Fire
Chief Fraze and his staff for their efforts.
Mayor Hall thanked staff for their assistance.
ACTION TAKEN
14. ADJOURNMENT
Il,
MAX(O~ o~ tl~re ~ity of Bak~;rrsfi~d, CA
ATTEST:
CITY CLERK and Ex Officio Cler~f the
Council of the City of Bakersfield
APPROVED