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