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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