HomeMy WebLinkAbout11/18/1998 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 18, 1998
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 4:30 p.m. Regular Meeting - 7:00 p.m.
261:
PRE-MEETING (4:30 P.M. COUNCIL CHAMBERS)
ROLL CALL
Pre-Meeting was canceled.
WORKSHOP
None.
CLOSED SESSION
a. Conference with Legal Counsel §54957(b)
Public Employee Appointment/Employment - City
Attorney
ACTION TAKEN
NAT
REGULAR MEETING
INVOCATION by David Freeze of The First Assembly of God
Church.
2. PLEDGE OF ALLEGIANCE by Councilmember Carson
3. ROLLCALL
Present: Mayor Price, Councilmembers Rowles,
Carson, DeMond, Smith, McDermott,
Sullivan, Salvaggio
Absent: None
CLOSED SESSION ACTION
None.
PRESENTATIONS
a.
Jeanette Richardson, Centennial Foundation,
thanked the Council for their support of the
Centennial Foundation and presented gifts; and
presented a plaque to Kevin McDermott, President,
Centennial Foundation.
262
Bakersfield, California, November 18, 1998 - Page 2
PRESENTATIONS continued
McDermott accepted the plaque and announced that
the final Centennial event will be the Tree Lighting
Ceremony on November 30, 1998. at 6:00 p.m.
ACTION TAKEN
PUBLIC STATEMENTS
Tom McCartney spoke regarding Consent Calendar
Item w.
Bonny Hulsy spoke regarding the Valley
Achievement Center, a non-profit, non-public school
for children with autism and invited the Council to
visit the facility and submitted written material.
Teresa Farmer spoke in suppod of the Valley
Achievement Center.
Steve Schilling, CEO Clinica Sierra Vista, spoke
regarding Lakeview issues and asked for suppod in
the community clean-up and safety effort.
e. Richard Pallerin spoke regarding annexations.
f. Barbara Fields spoke in opposition of annexation.
Jonathan Webster spoke regarding the Southeast
community and encouraged the Council to establish
an immediate program to revitalize the Lakeview
area.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
November 4, 1998 Regular Council Meeting and
November 5, 1998 Special Council Meeting.
Payments:
Payments from October 24 to November 6, 1998 in
the amount of $3,952,881.22; and Self Insurance
payments from October 24, to November 6, 1998 in
the amount of $51,927.74.
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, November 18, 1998 - Page 3
CONSENT CALENDAR continued
Resolutions:
Resolution amending the Local implementation
Procedures of the California Environmental Quality
Act,
Resolution determining that an Autoscope Machine-
Vision Detection System for traffic control cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance director to
dispense with bidding thereof, not to exceed
$105,000 for four systems.(Wards l, 2, 4)
Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Section 34090, et
seq. of the Government Code of the State of
California (Fire Department).
Amendment No. 2 to Resolution No. 172-95
approving the destruction of certain obsolete City
records, documents, instruments, books and papers,
pursuant to Section 34090, et seq. of the
Government Code of the State of California (City
Attorney's Office).
Amendment No. 1 to Resolution No. 144-98 setting
the dates of Regular Meetings, Budget Headrigs and
Department Presentations of the City Council for
January Through December 1999.
Assessment District No. 98-1 (Brimhall IV, Stockdale
Highway Commercial, Gosford Industrial). (Ward 4)
Resolution approving form and substance of
Acquisition and Disclosure Agreement and
authorizing changes thereto and execution
thereof.
ACTION TAKEN
RES 152-98
RES f53-98
RES f54-98
RES 172.95(2)
RES 144.9a(1)
RES 155-98
AGR 98-260
ROWLES ABSTAINED
DUE TO CONFLICT
Agreements:
Tract Maps/Improvement Agreements:
1. Final Map and Improvement Agreement with
Castle & Cooke California, inc. for Tract 5846
Phase D, located south of Harris Road and
west of Ashe Road. (Ward 4)
AGR 98-261
ROWLES ABSTAINED
DUE TO CONFLICT
Bakersfield, California, November 18, 1998 - Page 4
CONSENT CALENDAR continued
Final Map and Improvement Agreements with
BHA Properties L.L.C. for Tract 5869 Unit 2,
located south of Bdmhall Road and west of
Calloway Drive. (Ward 4)
Final Map and Improvement Agreement with
La Hacienda, Inc. for Tract 5804 Phase 2,
located north of Camino La Paz and east of
Mesa Marin Drive. (Ward 3)
Parcel Map and Improvement Agreement
with Granite Falls Partners for Parcel Map
10552, located north of Granite Falls Drive,
west of Coffee Road. (Ward 4)
Agreement to sell City owned property at 3812
Panorama Drive.(Ward 3)
Agreement with Alliance Against Family Violence and
Sexual Assault for up to $27,900 in Emergency
Shelter Grant funds for operational activities,
essential services, and homeless prevention
activities.
License Agreement with the Kern County Water
Agency for the crossing of the Cross Valley Canal by
the Allen Road Sewer Trunk Line. (Ward 4)
Purchase Agreement with Virginia Oliver and Gino
Chicca, Trustees for the Louis E. Agnetti Trust No. 1
established on December 4, 1978 to acquire real
property located at 1600 T Street for $180,000, for
the new Amtrak Station project. (Ward 2)
Sewer Reimbursement Agreement with Elmer F.
Karpe, Inc. for over-sizing of a sewer lift station and
force main at South H Street and Taft Highway
(County)
Amendment No. I to Agreement No. 95-295 with Dr.
Ernest M Solano, Ph.D., to perform as Psychologist
for the City's Police Department.
Bids:
Award Contract to E & M Constructors, $105,210.39,
for the installation of Panama No. 12 Annexation
Sewer Improvements. (Ward 7)
ACTION TAKEN
AGR 98-262
AGR 98-263
AGR 98-264
AGR 98-265
AGR 98-266
DEED 4970
AGR 98-267
AGR 98-268
AGR 98-269
DEED 497f
AGR 98-270
AGR 95-295(1)
CON 98-271
Bakersfield, California, November 18, 1998 - Page 5
265
CONSENT CALENDAR continued
Award Contract to A-C Electric Company, $49,560,
for traffic signal and lighting system installation on
White Lane at Park View Drive. (Ward 4)
Bakersfield AMTRAK Station - award bid to HPS
Plumbing Services, Inc, $221,380, for construction of
two Kern Island Canal Culverts; First Culvert:
Burlington Northern and Sante Fe Railway to 16th
Street; Second Culvert: 64 foot length at 14th Street.
(Ward 2)
Accept bid from DeNardi Equipment, $161,375.86,
for an additional four wheel drive loader for Solid
Waste Division.
Accept bid from Berchtold Equipment Company,
$79,365, for two tractors, Parks (replacement) and
Wastewater (additional).
Accept bid from Bakersfield Compaction Equipment,
$45,598.41, for four replacement hydrostatic
vibratory rollers for Street Maintenance Division.
Accept bid from Central Valley Truck Center,
$87,966.45 for replacement 58,000 lb. GVWR Truck
Tractor for Fleet Services.
Miscellaneous:
Resolution authorizing change of proceedings
pertaining to Assessment District 93-3 (CaI-Oak),
increasing the amount of incidental expenses
payable from the Improvement Fund by $120,000.
(Ward 5)
Appropriate $120,000 bond proceeds to the
Assessment District 93-3 Fund.
Rowles announced abstention on Consent Calendar
Items h. 1. and i. 1., due to source of income to
employer and Item r. due to potential employer
participation in project.
Motion by Rowles to adopt Consent Calendar
Items b. through v. with separate consideration
of Items a, and w.
ACTION TAKEN
AGR 98-272
CON 98-273
ROWLES ABSTAINED
DUE TO POTENTIAL
CONFLICT
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
266
Bakersfield, California, November 18, 1998 - Page 6
CONSENT CALENDAR continued
Minutes:
November 4, 1998 Regular Council Meeting and
November 5, 1998 Special Council Meeting.
Motion by Rowles to approve Consent Calendar
Item ao with a correction to the Minutes of
November 5, 1998 to read ..Mayor Pr/ce recessed
the meeting at 4:20 p.m. and reconvened at 5:25
p.m.
ACTION TAKEN
APPROVED
Resolution authorizing change of proceedings
pertaining to Assessment District 93-3 (CaI-Oak),
increasing the amount of incidental expenses
payable from the Improvement Fund by $120,000.
(Ward 5)
Appropriate $120,000 bond proceeds to the
Assessment District 93-3 Fund.
Motion by McDermoff to adopt the resolution and
approve the appropriation.
RES 156-98
APPROVED
NS ROWLES
HEARINGS
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, 6, 7)
Hearing opened at 7:45 p.m.
No one spoke at hearing.
Hearing closed at 7:45 p.m.
RES 157-98
Motion by Salvaggio to adopt the resolution. APPROVED
Bakersfield, California, November 18, 1998 - Page 7
267
HEARINGS continued
Resolution ordering the vacation of superseded road
right-of-way on Coffee Road southerly of Rosedale
Highway. (Ward 4)
Hearing opened at 7:47 p.m.
No one spoke at hearing.
Hearing closed at 7:47 p.m.
Motion by McDermott to adopt the resolution.
Appeal by Telstar Engineering to the decision of the
Planning Commission approving an Extension of
Time for Vesting Tentative Tract 5684, located on the
south side of Palm Avenue, approximately 660 feet
east of Jewetta Avenue. (Ward 4)
Planning Director Start Grady provided a brief over-
view of the Subdivision Map Act.
Hearing opened at 7:52 p.m.
The following individuals spoke in opposition of staff
recommendation: Carl Moreland, Telstar
Engineering; Leonard Cook; and Bonnie Cook.
Hearing closed at 8:07 p.m.
Motion by McDermott to grant the appeal with the
following conditions:
· Changing condition one from Planning to
include the original recommendations by
staff in June 25, 1993.
· Change Item 3 in 5.3 from Public Works to
state that the road will match the existing
pavement in the existing easement with
curbs and gutter; with an easement for the
non-exclusive public use granted.
· Modi~ Item 8.2 to add at the end "in effect
at the time the application was being
complete"
· Change Item 8.8 L1 to correct the
typographical error.
Mayor Price recessed the meeting at 8:45 p.m. and
reconvened at 9:50 p.m.
ACTION TAKEN
RES 158-98
APPROVED
RES 159-98
268
Bakersfield, California, November 18, 1998 - Page 8
HEARINGS continued
McDermott amended his motion to include: "to
adjust the resolution, Item No. 5 and add "failure
to amend the conditions regarding the cul-de-sac
and the knuckle to this extension of time, would
place the residents of the subdivision or the
immediate community or both in a condition
dangerous to their health and/or safety."
ACTION TAKEN
APPROVED
NS CARSON
DEMOND
SMITH
10.
11.
REPORTS
None.
DEFERRED BUSINESS
Ordinance amending Chapter 15.72 of the
Bakersfield Municipal Code relating to Historical
Preservation. (First reading 11/4/98)
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 122-01 by changing
the zoning from One Family Dwelling to Planned
Commercial Development on 9.08 acres, from Open
Space to Planned Commercial Development on .925
acres and from Open Space to One Family Dwelling
on 2.46 acres for property located between Stockdale
Highway, the Cross Valley Canal and Allen Road,
Derrell's Mini-Storage. (First reading 11/4/98) (Ward
4)
Ordinance adding and amending Sections of
Chapters 17.52 and 17.54 of Title 17, Zoning
Ordinance, of the Bakersfield Municipal Code relating
to revisions to site plans for development projects in
Planned Unit Development and Planned Commercial
Development Zones. (First reading 11/4/98)
Ordinance adding and amending Sections of
Chapters 17.14 and 17.16 of Title 17, Zoning
Ordinance, of the Bakersfield Municipal Code relating
to minimum lot size and onsite park like amenities in
Limited Multiple-Family Dwelling Zones for projects
with four units or less. (First reading 11/4/98)
ORD 3872
ORD 3873
ROWLES ABSTAINED
DUE TO CONFLICT
ORD 3874
ORD 3875
Bakersfield, California, November 18, 1998 - Page 9
269
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 123-25 from a
Planned Commercial Development zone with a
revised Planned Commercial Development zone for
the Grand Canal Shopping Center consisting of
revisions to conditions of approval for traffic, site plan
design related to building square footage, height and
orientation, parking, landscaping, and location of a
detention basin. (ZC No. P98-0490) (First reading
11/4/98) (Ward 7)
Ordinance amending the City of Bakersfield's
Downtown Redevelopment Plan to extend the time
limits to initiate Eminent Domain Proceedings. (First
reading 11/4/98)
Motion by Rowles to adopt Deferred Business
Items a., c., d. and f.
Rowles announced conflict of interest on Deferred
Business items b. and e.
Motion by Salvaggio to adopt Deferred Business
Items b. and e.
ACTION TAKEN
ORD 3876
ROWLES ABSTAINED
DUE TO CONFLICT
ORD 3877
APPROVED
APPROVED
AB ROWLES
12.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 104-19 by changing
the zoning on 20 acres located south of State Route
178 and east of Morning Drive from an Agriculture
Zone to One Family Dwelling zone. (ZC No. 98-0589)
(Ward 3)
Ordinance amending Section 5.56.040(D) of the
Bakersfield Municipal Code relating to transient
outdoor businesses.
FR
FR
13.
COUNCILSTATEMENTS
DeMond thanked the Fire and Police Departments for a great
job at the Stella Hills Street Faire at 34th Street.
DeMond stated inquires regarding usage of flags and
banners Downtown should be referred to Economic
Development Director Jake Wager, as a policy.
270
Bakersfield, California, November 18, 1998 - Page 10
13.
COUNCIL STATEMENTS continued
Sullivan expressed appreciation to Councilmembers Smith
and McDermott for their hard work and dedication throughout
their tenure.
Carson expressed appreciation to Councilmembers Smith
and McDermott and thanked them for their time and support.
DeMond requested Police Chief Brummer and Fire Chief
Fraze provide her with additional information regarding
the hazardous waste spill that occurred today.
DeMond referred the letter from the Centennial
Foundation regarding the usage of the Centennial Plaza
by the Citizens to the Community Services Advisory
Committee for review and requested a response back to
Council.
McDermott referred to staff the issue of preparing a
formal agreement of the City's acceptance of the
Centennial Plaza from the Foundation clarifying
concerns which include: maintenance of donated items
from the community, driving of vehicles on the
premises, and amendment of the food supplier
condition.
McDermott referred to staff the issue of replacing
sprinkler heads, twinkle lights and major lights at the
Centennial Plaza.
McDermott stated he has enjoyed his tenure and is very
proud of the major changes and improvements in the
City of Bakersfield.
Rowles thanked Public Works for fixing the cress-gutters at
22nd and Beach Streets.
Rowles thanked Public Works and Police Departments for
their response to the issue around West High School.
Salvaggio thanked General Services Superintendent Brad
Underwood for his quick response to a request for an
additional street light.
Salvaggio referred to Chief Code Enforcement Officer
Randy Fidler the issue of severe weed problem on
approximately 40 acres located south of Maurice, north
of "In and Out Burger" and requested that the property
owners be contacted to correct the problem.
ACTION TAKEN
Bakersfield, California, November 18, 1998- Page 11
13.
COUNCIL STATEMENTS continued
Salvaggio wished Councilmembers McDermott and Smith
the best of luck.
Mayor Price stated revitalization of the Lakeview area
has been an ongoing project and requested staff
compile information of previous work done in the
Lakeview area and send it to Steve Schilling.
Mayor Price expressed his appreciation to Councilmembers
McDermott and Smith.
Smith thanked the constituents of the Third Ward; expressed
her appreciation to the Council and for their professionalism;
expressed thanks and appreciation to City Staff; and thanked
everybody for a wonderful 13 years.
ACTION TAKEN
14.
ADJOURNMENT
Motion by Smith to adjourn at 9:30 p.m.
MAYOR of the C~y of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Offici~ ~lerk of the
Council of the City of Baker~'field
APPROVED