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HomeMy WebLinkAbout08/25/99 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 25, 1999 Council Chambers, City Hall, 1501 Truxtun Avenue Pro-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 2O5 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard (seated at 5;17 p.m.), Couch, Rowles (seated at 6:20 p.m.) Sullivan, Salvaggio None ACTION TAKEN 2. WORKSHOP a. Hageman Flyover Status Report Public Works Director Raul Rojas introduced Civil Engineer IV Ted Wright who provided a computer presentation and Jeff Chapman of URS Griener, Woodward, Clyde Consultants, who provided a brief overhead presentation. NAT Overview of Gang Suppression Efforts Chief of Police Eric Matlock introduced Captain Mahan who provided a computer presentation and Officer Ramos who displayed an automated weapon, assault rifle. Maggard stated he is very interested in a continued dialogue about how to prioritize gang suppression efforts and requested the City Attorney to provide additional information. NAT c. Williamson Act Contracts and Ag Land Preservation POSTPONED Motion by Carson to recess to Closed Session at 6:15 p.m. APPROVED 2O6 Bakersfield, California, August 25, 1999 - Page 2 CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9; one potential case. Mayor Price announced by a vote of 7 to 0 the City Council authorized the City Attorney to initiate legal action, and that such action, the defendants, and other participants, if any, shall, once formally commenced, be disclosed upon inquiry. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding 2000 South Union Avenue; Negotiating parties: City Manager Alan Tandy, Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and County of Kern. Under negotiation: Will concern both price and terms of payment. ACTION TAKEN APPROVED NAT Motion by Rowles to adjourn from Closed Session at 6:55 p.m. APPROVED REGULAR MEETING INVOCATION by Deacon Alan Larson, of the First Assembly of God Church 2. PLEDGE OF ALLEGIANCE by Mayor Price 3. ROLLCALL Present: Mayor Price, Councilmembers Carson, DeMond, Maggard, Couch, Rowles, Sullivan, Salvaggio Absent: None CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on page 2. Bakersfield, California, August 25, 1999 - Page 3 207 PRESENTATIONS None. ACTION TAKEN PUBLIC STATEMENTS a. Bob Smith spoke regarding pro-annexation. b. Stephanie Campbell spoke in support of formation of a sub-committee for Southeast Bakersfield. c. Paul Anderson spoke regarding noise control d. Barbara J. Fields spoke regarding this community. e. Becky Kaiser spoke regarding ordinances. APPOINTMENTS Appointment of Ad Hoc Committee on Crime, Weapons, Gang Violence and Community Relations; and dissolution of Ad Hoc Committee on Race Relations. Motion by Carson to appoint Councilmembers Carson (Chairperson), DeMond (member) and Maggard (member) to the Weapons, Gang Violence and Community Relations Ad Hoc Committee. APPROVED CONSENT CALENDAR Minutes: a. August 11, 1999 Council Meeting. Payments: b. Payments from July 31 to August 13, 1999 in the amount of $6,003,496.71; and Self Insurance payments from July 31 to August 13, 1999 in the amount of $152,709.94. 208 Bakersfield, California, August 25, 1999 - Page 4 CONSENT CALENDAR continued Resolutions: Resolution of Intention No. 1201 declaring the City's intention to add territory, Area 4-14 (Mesa Marin, 184) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1999/00. Resolution ordering change of proceedings to revise description of work for Assessment District No. 94-3 to include construction of Ashe Road between Panama Lane and Harris Road. (Ward 4) Resolution approving form and substance of Acquisition and Disclosure Agreement for Assessment District 99-1 and authorizing changes thereto and execution thereof. (Ward 4) Resolution approving an application to the Local Agency Formation Commission for authority to merge the Kern River Levee District into the City of Bakersfield. Resolution of Application proposing proceedings for annexation of territory by annexing to the City of Bakersfield property identified as Annexation No. 409, located along the north side of Bear Mountain Boulevard (State Highway 223), west of Fairfax Road. (Ward 1) i. Annexation No. 402: (Ward 4) Resolution approving Annexation No. 402, Proceeding No. 1259, located at the southeast corner of Jewetta Avenue and Palm Avenue. (Brimhall No. 5) Agreement to indemnify LAFCO for Annexation No. 402, Proceeding No. 1259, located at the southeast corner of Jewetta Avenue and Palm Avenue. (Brimhall No. 5) ACTION TAKEN ROI 1201 RES 123-99 RES 124-99 ABS MAGGARD RES 125-99 AGR 99-209 ABS MAGGARD RES 126-99 RES 127-99 RES 128-99 AGR 99-205 Bakersfield, California, August 25, 1999 - Page 5 2O9 CONSENT CALENDAR continued .Amendment No. I to Resolution No. 108-99 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits. Revised Job Specifications: Chief Assistant City Attorney to Assistant City Attorney; Assistant City Attorney to Deputy City Attorney II; Deputy City Attorney II to Deputy City Attorney I. Agreements: k. Tract Maps/Improvement Agreements: Final Map and Improvement Agreementwith Kyte Carter Homes Inc., for Tract 5700, Phase 1 located at the southwest corner of Harris Road and Summer Springs Drive. (Ward 6) Agreement for completion of wall along Harris Road with Kyle Carter Homes Inc., Tract 5700, Phase 1 located at the southwest corner of Harris Road and Summer Springs Drive. (Ward 6) Final Map and Landscape Agreement with Coleman Homes Inc. for Tract 5932, Unit 1 located west of Calloway Drive, north of Hageman Road. (Ward 4) Final Map of Tract 5915, Phase 1 located at the northwest corner of Hageman Road at Riverlakes Drive for Fruitvale Properties L.L.C. (Ward 4) Agreement with Clifford & Bradford Insurance Agency representing Fort Dearborn Life Insurance Company to provide life insurance coverage to City Employees. Agreement with Texaco Exploration and Production Inc. and North Kern Water Storage District for discharge of Oilfield Wastewater into the Beardsley- Lerdo Canal System. ACTION TAKEN RES 1o6.99(I) AGR 99-206 AGR 99-207 AGR 99-208 ABS MAGGARD AGR 99-210 AGR 99-211 Bakersfield, California, August 25, 1999 - Page 6 CONSENT CALENDAR continued Greater Bakersfield Separation of Grade District: (Ward 2) Amendment No. 1 to Joint Agencies Agreement No. 98-98 with Greater Bakersfield Separation of Grade District regarding modification of "H" Street, Chester Avenue and "Q" Street Separation of Grade projects. Amendment No. 2 to Joint Agencies Agreement No. 97-178 with Greater Bakersfield Separation of Grade District regarding engineering, financing and construction of the "Q" Street and Burlington Northern and Santa Fe Railroad Separation of Grade project. Assignment, Assumption and Consent to Assignment of Thirty-Second Supplemental Agreement between Greater Bakersfield Separation of Grade District and Parsons Transportation Group, Inc. Agreement with Pacific Bell/MCI WorldCom to provide telephone services under CALNET contract. Agreement with Green Gardens for $140,000 to construct infrastructure improvements to benefit a 90- Unit Affordable Multi-Family Housing Project located at 2300 South Union Avenue. (Ward 2) Agreement with the Mexican American Opportunity Foundation (MAOF) to provide assistance to acquire real property at 707, 711, 713, and 725 East California Avenue to develop a preschool child care facility. (Ward 2) ACTION TAKEN AGR 98-98(1) AGR 97-178(2) AGR 99-212 AGR 99-213 AGR 99-214 AGR gg-215 DEED 5101 DEED 5102 DEED 5103 DEED 5104 Amendment No. 1 to Agreement No. 98-222 with HTE, Inc. for Service Support Licensed Software in the amount of $42,605. Amendment No. 2 to Agreement No. 97-45 with Normal Development Corporation for revised reimbursement amount of $174,000, regarding Coffee Road landscaping. (Ward 4) AGR 98-222(1) AGR g7-45(2) ABS ROWLES Bakersfield, California, August 25, 1999 - Page 7 211 CONSENT CALENDAR continued Transportation Impact Fee Agreement with Normal Development Corporation for construction of Hosking Road between Akers Road and Wible Road and for impact fee credits, not to exceed $215,000, in association with Tract 5950. (Ward 6) Amendment No. 1 to Agreement No. 97-274 and Second Deed of Trust with Bakersfield Art Foundation for the Bakersfield Museum of Art property located at Central Park. (Ward 2) Amendment No. 1 to Pipeline License Agreement No. 82-86 with Equilon Pipeline Company, L.L.C to reflect the new alignment of Licensee's pipelines. Bids: Award Contract to Malibu Pacific Tennis Courts, Inc., in an amount not to exceed $170,000 for Design/Build of a Concrete Skate Park at Beach Park in Bakersfield. Miscellaneous: Dedication of Property on the north side of Sillect Avenue, east of Buck Owens Boulevard to provide base area for the "Bakersfield" sign: Grant Deed for parcel from Catalina Barber Corp., to the City of Bakersfield. Quit Claim from the City of Bakersfield to Buck Owens Production Co., Inc. Application for Encroachment Permit from El Chile Verde located at 2401 White Lane to allow outdoor seating and dining area. (Ward 7) Authorization for the Bakersfield Police Department to Provide In-Kind services to the Kern County Economic Opportunity Corporation. aa. Approval of Community Development Block Grant (CDBG) Amendment No. 13 (FY 96/97) and Amendment No. 2 (FY 99/00). (All Wards) ACTION TAKEN AGR 99-216 ABS ROWLES DELETED AGR 82-86(1) REMOVED FOR SEPARATE CONSIDERATION DEED 5'I06 DEED 5f07 212 Bakersfield, California, August 25, 1999 - Page 8 CONSENT CALENDAR continued Rowles announced abstention on Consent Calendar Items s. and t., due to source of income, and owning property within 300 feet. Maggard announced abstention on Consent Calendar Items e., f., and k.3., due to source of income to former employer. ACTION TAKEN Motion by Carson to adopt Consent Calendar Items a. through aa., with the deletion of item u. and separate consideration of item w. APPROVED Award Contract to Malibu Pacific Tennis Courts, Inc., in an amount not to exceed $170,000 for Design/Build of a Concrete Skate Park at Beach Park in Bakersfield. CON 99.217 Motion by Sullivan to adopt Consent Calendar item w. APPROVED HEARINGS a. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. (Wards 1, 2) DeMond requested additional information regarding the notification process for properties listed in estates. Hearing opened at 7:28 p.m. No one spoke at hearing. Hearing closed at 7:29 p.m. Motion by DeMond to adopt the resolution. RES 129-99 APPROVED Bakersfield, California, August 25, 1999 - Page 9 213 HEARINGS continued 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 1,2,7) Development Services Director Jack Hardisty requested Item No. 24. 1009 Lake Street be removed from the list. Hearing opened at 7:30 p.m. No one spoke at hearing. Hearing closed at 7:30 p.m. Motion by Carson to adopt the resolution as amended. ACTION TAKEN RES 130-99 APPROVED 10. REPORTS None. 11. DEFERRED BUSINESS Ordinance modifying Condition of Approval No. 34 of Ordinance No. 3803 (Zone Change Case 5546) to allow the phased installation of landscaped median improvements on Kern Canyon Road (State Route 184), southwest of the intersection with State Route 178, concurrent with future development of adjacent property. (First reading 8/11/99) (Ward 3) Motion by Maggard to adopt the ordinance. ORD 3921 APPROVED Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-32 by changing the zoning from Agriculture to Professional and Administrative Office on 3.40 acres for property located between the Kern River Canal, the Arvin- Edison Canal and Stockdale Highway. (Zone Change P98-0976) (First reading 8/11/99) (Ward 4) Motion by Couch to adopt the ordinance. ORD 3922 APPROVED 214 Bakersfield, California, August 25, 1999 - Page 10 11. DEFERRED BUSINESS continued Ordinance repealing Chapter 9.22 (Noise) and Chapter 9.24 (Amplified Sound)and enacting Chapter 9.22 (Noise Control). (Firstreading 8/I 1/99) (AIIWards) Motion by Couch to adopt the ordinance with the deletion of Item 2 of the Administrative Report: "deletes appeal to the City Council". Thiltgen clarified Couch's amendment to the ordinance to include the Council as an appellant body, the person who may be aggrieved by the decision of the City Manager may have a right to file an appeal with the City Council. Rowles requested the City Attorney provide additional information clarifying acoustic vs. amplified entertainment. ACTION TAKEN FR NAT 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-35 by changing the zoning from Mobile Home Zone on 24.66 acres and from One Family Dwelling zone on 25.05 acres to Planned Unit Development Zone on a total of 49.71 acres, located on the southwest corner of Virginia Avenue and Sterling Road. (Ward 1) FR 13. COUNCIL STATEMENTS DeMond requested Recreation and Parks Director Stan Ford discuss the issue of swim meets at various parks with her. DeMond stated she was involved in Crime Free Zones committee at East High School and will share her experience if requested. DeMond stated she discussed the Article in the newspaper regarding assaults on itinerant community members with Police Chief Matlock. Sullivan stated she received a thank-you letter from the apartment owner on Parker Street, thanking Streets Superintendent Luis Peralez for his immediate response to his concerns. Bakersfield, California, August 25, 1999 - Page 11 215 13. COUNCIL STATEMENTS continued Rowles thanked Streets Superintendent Luis Peralez for completing work on Winston Drive. Rowles expressed a complaint regarding installation of fiber optics in residential areas and requested Public Works provide a memorandum to Council explaining when work will take place; permit requirements; parking of large trucks in neighborhoods; notification process when installation of fiber optics will occur so residents can move vehicles; and repair of asphalt when work is complete. Couch thanked Streets Superintendent Luis Peralez, Public Works Operations Manager Joe Lozano and Solid Waste Director Kevin Barnes for their efficient responses. Couch stated he received a thank-you note from Barbara Fowler for work staff has done. Couch requested staffadvise him of the procedure for public statements for the joint meeting with the Board of Supervisors on September 13, 1999; and asked what Council and staff's thoughts are on public service announcement advertising the joint meeting. Mayor Price stated Public Statements will be limited to 3 minutes at the joint meeting due to the length of the agenda. Couch submitted various referrals. DeMond referred to staff the issue of completing street repairs Downtown. DeMond stated she feels comments made besmirch the efforts of the gentleman who came to the meeting and made the public statement regarding pro-annexation. Maggard requested Economic Development Director Jake Wager discuss with him Ms. Campbell's Public Statements, particularly the work she read of Mr. Marshall. Maggard thanked Recreation and Parks Director Start Ford and staff, for the concert in the park. Maggard referred to Public Works the issue of road conditions on Freeway 178, east and asked that they contact Cai Trans. ACTION TAKEN 216 Bakersfield, California, August 25, 1999 - Page 12 13. COUNCIL STATEMENTS continued Salvaggio thanked Recreation and Parks Director Stan Ford and staff, for their efforts to install park signs at Wilson Park. Salvaggio referred to Public Works the issue of road repairs at the intersection of Ming Avenue and South H Street; and leveling of a ridge on H Street and Brundage Lane. Carson again referred to staff the issue of installing a stop sign at the intersection of 8~ and T Street. ACTION TAKEN 14. ADJOURNMENT Motion by Carson to adjourn at 8:08 p.m. M~OR of ~e City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfield APPROVED