HomeMy WebLinkAbout01/27/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 27,1999
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
(seated at 5:22 p.m.), DeMond, Maggard,
Couch, Rowles (seated at 5:40 p.m.) ,
Sullivan (seated at 5:25 p.m.), Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Capital Improvement Program Update.
Public Works Director Raul Rojas introduced Design
Engineer Ted Wright who provided a computer
presentation overview of accomplishments and
current projects.
b. City Council Ward Reapportionment
Development Services Director Jack Hardisty
provided an overview and Assistant Planner Dave
Dow provided a computer presentation
demonstrating the ward reapportionment computer
program capabilities.
Salvaggio requested staff provide Council with
the following:
· Copies of the memorandum from the City
Attorney's office, dated April 30, 1998,
regarding proposed apportionment of
population from Palm~Olive Annexation to
Ward ~4;
° Copies of the memorandum from Jack
Hardisty, dated June 16, 1998, regarding
Ward Reapportionment;
· Staff prepare a memorandum specifying
factors for special circumstances when
reapportionment exceeds 10 percent
deviation; and the ethics of splitting
precincts.
Bakersfield, California, January 27, 1999 - Page 2
WORKSHOP continued
DeMond requested City Attorney Thiltgen provide
a memorandum outlining the comfort level for the
percentage of deviation of population for ward
reapportionment; and requested maps for the
wards affected.
Couch asked City Attorney Thiltgen if future
growth can be used as a factor to go over 10
percent or projected growth; and at what point
does the map have to be vested?
Carson asked what is the legal acceptable
difference for boundary ward changes?
Maggard asked what the range of options are
regarding whether precincts have to be
contiguous or not?
Motion by Carson to recess to Closed Session at 6:10
p.m.
CLOSED SESSION
Conference with Legal Counsel §54956.9(a)
Existing Litigation; Palm/Olive Concerned Citizens
vs. City of Bakersfield; Kern County Superior Court
Case No. 236109
Conference with Legal Counsel §54956.9(a)
Existing Litigation; Judy Williams vs. City of
Bakersfield et al.; Kern County Superior Court Case
No. 236112 RA
Conference with Legal Counsel §54956.9(a)
Existing Litigation; Robert E. Fosse vs. City of
Bakersfield et al.; United States District Court,
Eastern District, Case No. CIV F-97-5750 OVVW
SMS; Fifth District Court of Appeal Case No.
F029523
Conference with Real Property Negotiator
pursuant to Government Code Section
54956.8 regarding irrigation pipeline
easement within Vesting Tentative Map No.
5848, southeast corner of Old River Road
and Campus Park Drive; Negotiating parties:
Finance Director Gregory Klimko, Senior Real
Property Agent Don Anderson and
Antongiovanni Brothers; Under Negotiations:
Alternate pipeline easements and price.
ACTION TAKEN
APPROVED
CONTINUED TO THE
END OF THE REGULAR
MEETING
NAT
NAT
NAT
Bakersfield, California, January 27, 1999 - Page 3
]9
3. CLOSED SESSION continued
d. 2.
Conference with Legal Counsel §54956.9(c) -
Potential Litigation; Initiation of litigation. One
potential case.
Motion by DeMond to recess from Closed Session at
6:55 p,m.
REGULAR MEETING
INVOCATION by Kevin Harrel, Deacon, of the First Assembly
of God Church
2. PLEDGE OF ALLEGIANCE
ACTION TAKEN
APPROVED
ACTION TAKEN
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles, Sullivan,
Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action as reflected
on Pages 1 and 12.
PRESENTATIONS
Mayor Price welcomed new City Attorney Bart J. Thiltgen.
PUBLIC STATEMENTS
Ken Carter, Chairman, Greater Bakersfield Chamber
of Commerce, spoke regarding the Greater
Bakersfield Chamber of Commerce 2020 Vision Plan
and submitted printed material.
Maggard referred the Greater Bakersfield
Chamber of Commerce 2020 Vision Plan to the
Urban Development Committee,
The following individuals spoke regarding
annexations: Barbara Fields; Becky Kaiser; Richard
Pellerin; Edith L. Rogers; Barbara Fowler, submitted
written material from Lynn Moorehead; Stuart
Baugher, submitted written material; Bob Rogers.
Bakersfield, California, January 27, 1999 - Page 4
PUBLIC STATEMENTS continued
c. John F. Penrose, Golden Empire Ambulance, spoke
regarding ambulance service.
ACTION TAKEN
APPOINTMENTS
None.
CONSENTCALENDAR
Minutes:
a. January 13, 1999 Council Meeting.
Payments:
Payments from January 1, to January 15, 1999 in the
amount of $7,956,897.66; and Self Insurance
payments from January 1, to January 15, 1999 in the
amount of $54,709.13.
Resolutions:
Resolution of Intention No. 1185 declaring the City's
intention to order the vacation of the alley east of
Manitou Way, north of Wilford Court in Tract No.
4364. (Ward 6)
Resolution of Intention No. 1186 declaring the City's
Intention to add territory (Area 3-11, Wible, Sierra
Meadows, east) to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving Public Works Director's Report. (Ward 7)
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No.
402, located at the southeast corner of Palm Avenue
and Jewetta Avenue. (Ward 4)
Resolution setting salaries and related benefits for
officers of the General Supervisory, Police
Supervisory and Management Unit.
ROI 1185
ROI 1186
REMOVED FOR
SEPARATE
CONSIDERATION
RES 6-99
Bakersfield, California, January 27, 1999 - Page 5
CONSENT CALENDAR continued
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.
(Finance Department)
Resolution determining certain used vehicles cannot
be reasonably obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with formal bidding and buy the vehicles
from various vendors, not to exceed $25,000 each,
total: $75,000.
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreement with
Castle & Cooke Califomia Inc., for Tract 5426
Phase F located north of Ming Avenue, east
of Buena Vista Road. (Ward 4)
Agreement with Urner's Inc. for revised access plan
to modify median in Wible Road south of White Lane.
(Wards 6, 7)
Agreement with Castle & Cooke for payment of costs
of potential condemnation proceedings.
Appropriation of $10,000 developer
contribution and transfer of $10,000 from
Public Works Operating Budget to the City
Attorney's Operating Budget within the
General Fund.
Amendment No. 4 to Agreement No. 96-309 with
Daley & Heft for legal services in the matter of City of
Bakersfield vs U.S. Fire Insurance Company, et.al.
And appropriate and transfer $200,000 insurance
proceeds from the Self Insurance Fund to the City
Attorney's Operating Budget in the Refuse Fund to
pay for attorneys' fees.
ACTION TAKEN
RES 7-99
RES 8-99
AGR 99-20
ABS ROWLES
AGR 99-21
AGR 99-22
ABS ROWLES
AGR 96-309(4)
Bakersfield, California, January 27, 1999 - Page 6
CONSENT CALENDAR continued
Study Project for the White Lane and State Route 99
Interchange: (Ward 7)
Amendment No. 1 to Consultant Agreement
No. 98-289, $23,600 with URS-Greiner
Woodward Clyde for the preparation of the
Project Study Report for the White Lane and
State Route 99 Interchange.
Appropriate $20,000 fund balance to the
Capital Improvement Budget within the
Transportation Development Fund.
Resurfacing of various streets, 1997/1998: (Wards 1,
2,4,5,6)
Contract Change Order No. I to Contract No.
98-206, $93,940.25, with Griffith Company for
the resurfacing of various streets, 1997/1998;
construction of storm drain, removal and
replacement of median curb and construction
of left turn lanes within California Avenue
medians.
Appropriate $46,225 fund balance and
$16,300 utility reimbursement for storm drain
improvements to the Capital Improvement
Budget within the Sewer Enterprise Fund.
Bids:
Award Contract to Granite Construction Company,
$130,867, for traffic signal and lighting system
installation and median island improvements on
Truxtun Avenue at S and T Streets. (Ward 2)
Award Contract to HPS Plumbing Services, Inc.,
$374,543, for reconstruction of Hageman Road
sewer manholes, Coffee Road to Fruitvale Avenue,
and manhole and pipe construction at Brimhall Road
and Jewetta Avenue. (Ward 4)
Appropriate $400,000 Fund Balance to the
Capital Improvement Budget within the Sewer
Enterprise Fund.
ACTION TAKEN
AGR 98-289(1)
CON 99-23
CON 99-24
Bakersfield, California, January 27, 1999 - Page 7
CONSENT CALENDAR continued
Award contract to Granite Construction Company,
$168,261, for installation of traffic signal and lighting
system on Fairfax Road at College Avenue. (Ward 3)
Appropriate $20,000 Sewer Enterprise Fund
Balance and $60,000 Road and Bridge Bond
Fund Balance to the Capital Improvement
Budget within the two respective funds.
Resolution with findings accepting low bid from Re-
Tech Division of Enviroquip Systems, Incorporated,
$170,070.35, for one additional mobile powered
screen unit for the Public Works Department, Solid
Waste Division, Woodwaste Recycling Facility.
Miscellaneous:
Acceptance of 1997-98 Transportation Development
Act Funds Financial Statement
Rowles announced abstention on Consent Calendar Items
i. and k. 1., due to source of income to employer.
Motion by Carson to adopt Consent Calendar Items ao
through s. with separate consideration of Item e.
ACTION TAKEN
CON 99-25
RES 9-99
CON 99-26
APPROVED
Resolution of Application proposing proceedings for
annexation of territory by annexing to the City of
Bakersfield property identified as Annexation No.
402, located at the southeast comer of Palm Avenue
and Jewetta Avenue. (Ward 4)
Motion by Couch to defer Item e. to the next Council
meeting.
APPROVED
HEARINGS
Appeal by Telstar Engineering of the Planning
Commission decision approving an Extension of
Time for Tentative Tract 5396 located on the south
side of Hosking Avenue, approximately 500 feet east
of South H Street. (ward 7)
Correspondence has been received from Carl R.
Moreland, Telstar Engineering, dated January 22,
1999, withdrawing their appeal.
WITHDRAWN
Bakersfield, California, January 27, 1999- Page 8
HEARINGS continued
Appeal by Cornerstone Engineering and the Public
Works Director of the Planning Commission decision
relative to an amendment to Title 17 of the
Bakersfield Municipal Code and Z6ning Map No. 122-
02 by changing the zone on five acres, located on
the southwest corner of Stockdale Highway and
South Allen Road from a Planned Commercial
Development zone to a revised Planned Commercial
Development zone to allow a "Sonic Burger"
restaurant (ZC# P98-0746). (Ward 4)
Development Services Director Jack Hardisty
provided a brief update.
City Attorney Bart Thiltgen made comments.
Hearing opened at 7:52 p.m.
The following individuals spoke in opposition of staff
recommendation: Mike Callagy, Cornerstone
Engineering, provided a computer presentation; and
Barbara Lomas, Del Rio Concerned Citizens.
The following individuals spoke in support of staff
recommendation: Public Works Director Raul Rojas;
and Traffic Engineer Steve Walker provided a
computer presentation.
Mike Callagy, Cornerstone Engineering, spoke in
rebuttal in opposition.
Public Works Director Raul Rojas spoke in rebuttal in
suppod.
Hearing closed at 8:30 p.m.
Rowles referred this issue to the Urban
Development Committee to come up with a
standard that is fair and objective.
Motion by Couch to deny staffs recommendation
and uphold the appeal by Cornerstone
Engineering, as amended with the requirement of
the dedication.
Mayor Price recessed the meeting at 9:20 p.m., and
reconvened at 9:25 p.m.
ACTION TAKEN
APPROVED
NS DEMOND
SULLIVAN
Bakersfield, California, January 27, 1999 - Page 9
HEARINGS continued
Protest Hearing for proposed Assessment District
No. 98-1 (Brimhall IV, Stockdale Highway
Commercial, Gosford Industrial) as required by
Municipal Improvement Act of 1913. (Ward 4)
Hearing opened at 9:30 p.m.
No one spoke at hearing.
Mayor Price announced that this hearing will be
continued to February 24, 1999.
ACTION TAKEN
NAT
dJ
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, 3, 7)
Development Services Director Jack Hardisty
announced Item 8. 629 N Street was paid and
requested it be removed from the list.
Hearing opened at 9:30 p.m.
No one spoke at hearing.
Hearing closed at 9:30 p.m.
Motion by Carson to adopt the resolution as
amended.
RES 10-99
APPROVED
10. REPORTS
None.
11. DEFERRED BUSINESS
None.
Bakersfield, California, January 27, 1999 - Page 10
12.
NEW BUSINESS
a. Hillside Development: (Wards 2, 3)
Ordinance amending Title 17 of the
Bakersfield Municipal Code by adding
Chapter 17.66 for a Hillside Development
zoning district and defining standards for a
Hillside Development Zoning District.
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Maps
Nos. 82-35, 103-01,103-02, 103-10, 103-11,
103-12, 103-13, 103-14, 103-15, 103-16,
103-17, 103-18, 104-01, 104-02, 104-03,
104-04, 104-05, 104-06, 104-07, 104-08,
104-09, 104-10, 104-11, 104-12, 104-13,
104-14, 105-05 and 105-06 by adding the
Hillside Development zone as a combing
zone in those areas generally having slopes
exceeding eight percent, located primarily in
the northeast part of the City of Bakersfield.
ACTION TAKEN
FR
FR
PUBLIC STATEMENTS continued
The following individuals spoke regarding the Hillside
Development Ordinance: Laura Snideman, BIA of
Kern County; Roger Mclntosh; John Cicerone,
provided an overhead presentation; Bill Slocumb;
Dave Dmhowski; and Jill Woods, DeWalt
Corporation.
Development Services Director Jack Hardisty
provided a brief update.
Motion by Maggard to approve the Negative
Declaration and give first reading of the
ordinances with modifications as expressed with
regard to the two items of wording that will be
deleted and urged staff to meet with BIA to
workout the overlay issue.
A PPR 0 VED
Bakersfield, California, January 27, 1999 - Page 11 ~ ?'
13.
COUNCIL STATEMENTS
DeMond thanked staff for all the work they have done before
and during the snow storm.
DeMond requested staff send a clear message through the
media regarding applicable items to be brought to the
greenwaste site; and asked staff to look into getting more help
at the greenwaste facility to avoid long lines, and the
possibility of illegal dumping.
DeMond referred to Building Director Dennis Fidler the issue
of abuse of code enforcement agency.
DeMond referred to staff the issue of the City cutting trees on
the sidewalk and requested staff look into this issue and
respond back.
Salvaggio referred to Myra McArthur the issue of graffiti on the
metal fence behind the vacant commercial building near the
southeast corner of White Lane and Wible Road.
Sullivan extended her sympathy to Gene Tackett for the loss of his
father last week.
Sullivan referred to Economic Development Director Jake
Wager the issue of the First Night Event and requested a
presentation to the Community Services Committee.
Sullivan referred to staff the use of surveillance cameras for
crime/graffiti which was brought up several years ago and
requested an update on the idea.
Sullivan referred to staff the issue of a deep rut in the road on
California Avenue, west of Bakersfield High School and
requested warning/caution signs be placed there or it be
repaired right away.
Sullivan requested that her foot rest in the Chambers be
removed.
Couch complimented staff on how well they handled the snow
situation.
Couch referred to the Legislative and Litigation Committee
petitions from Mr. West regarding establishing a parking
ordinance for boats, campers, etc. parking in streets.
Carson thanked staff for a job well done during the snow storm.
Mayor Price, Chairperson of the Revenue Taxation Committee,
announced that one of the major issues before the committee is
Internet sales.
ACTION TAKEN
Bakersfield, California, January 27, 1999 - Page 12
13.
COUNCIL STATEMENTS continued
Mayor Price thanked Becky Kaiser for giving Council the
video tape of the Southgate meeting. He stated it showed
that City staff was very professional, polite and tried under
difficult circumstances to answer all the questions, and asked
Council to read the transcript he provided to them. He will
also be forwarding the transcript to the Board of Supervisors.
ACTION TAKEN
Motion by Carson to recess back into Closed Session at
10:20 p.m.
APPROVED
CLOSED SESSION continued
Conference with Legal Counsel §54956.9(a) -
Existing Litigation; Palm/Olive Concerned
Citizens vs. City of Bakersfield; Kern County
Superior Court Case No. 236109
Mayor Price adjourned Closed Session at 11:25 p.m.
Mayor Price announced Closed Session Action as
follows: The City Attorney was authorized to make an
offer to the Palm/Olive Concerned Citizens. The offer is
the issue would be placed on the ballot in a March, 2000
election, posing the question shall Palm/Olive area
remain a part of the City or should it revert to
unincorporated status; and Palm/Olive Concerned
Citizens have until February 9, 1999 to respond.
14.
ADJOURNMENT
Motion by Carson to adjourn at 11:35 p.m.
. MA~'~"'~t'l~e City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Off~f the
Council of the City of Bakersfield
APPROVED