HomeMy WebLinkAbout04/08/1998 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 8, 1998
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 Rowles, Carson,
DeMond, Smith, McDermott (seated at 5:26
p.m.), Sullivan, Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. Planning Commission Interviews
Applicants Daniel Abel, Robert Boner, Steven Boyle,
Mathew Brady, Harold Lee, Don MacKelvey, Tom
McGinnis, Ole Nelson, John Ponton, Ron Sprague and
Murry Tragish, made introductory comments and
participated in a question and answer discussion.
Applicants Dan Speare, Charles Michael, Kristen
Sodergren, Brian Morrow and James Carstensen did not
attend.
Motion by Rowles to recess to Closed Session at 6:01 p.m. APPROVED
CLOSED SESSION
Conference with Legal Counsel §54956.9(b)(3)(A) -
Potential Litigation, Significant exposure to litigation
One potential case.
COUNCIL GAVE
INSTRUCTION TO
STAFF.
Motion by Rowles to adjourn from Closed Session at
6:53 p.m.
APPROVED
"/4
Bakersfield, California, April 8, 1998 - Page 2
REGULAR MEETING
INVOCATION by David Freeze of First Assembly of God Church
PLEDGE OF ALLEGIANCE by Councilmember McDermott
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on
Page 1.
PRESENTATIONS
Presentation by Mayor Price of proclamations to
Congressman Bill Thomas and Congressman Calvin
Dooley proclaiming April 6-12, 1998 as "Bakersfield
Community Development Week," and in recognition of
their longstanding commitment to the CDBG programs.
Kevin McCarthy accepted proclamation on behalf of
Congressman Thomas.
McDermott expressed his thanks to Congressman
Thomas for recent negotiations regarding the
construction of the Centennial corridor, the extension of
the Kern River Freeway into Downtown Bakersfield.
McDermott announced Kern Cog presented the Lifetime
Leadership by a Public Official Award to retired
Community Services Director Lee Anderson; and
presented a plaque award to Development Services
Director Jack Hardisty, for the Major Transportation and
Investment Study; a combination award was presented
to City of Bakersfield, County of Kern and Golden Empire
Transit.
Bakersfield, California, April 8, 1998- Page 3
75
PRESENTATIONS continued
Mayor Price announced the Distinguished Leadership
Award was presented to Kevin McDermott as Elected
Official.
August Hioco, Region 3 Representative for California
Parks and Recreation Society, presented 1997 Award of
Excellence for the Kern River Complex, to Mayor Price.
Mayor Price accepted on behalf of the City and
presented the plaque to Alien Abe, Assistant Parks
Superintendent.
ACTION TAKEN
PUBLIC STATEMENTS
Brian Morrow advised the Council of the stalwart job
performed by the City Clerk in getting information out to
the recently annexed Palm-Olive area residents.
The following individuals spoke regarding the Palm-Olive
Annexation: Harold Sugden, Karen Amundsen, Edith
Rogers, Barbara Fowler.
c. Sybil Allen spoke regarding the Southgate annexation.
APPOINTMENTS
Three appointments to the Planning Commission due to
the resignation of Mathew M. Brady, and expiration of
terms of Stephen H. Boyle and Betsy Teeter (Alternate),
terms expiring April 17, 1998.
First Ballot votes ranked by preference for the first Four-
Year position:
Ward 1 - Boyle
Ward 2 - Boyle, Abel, Tragish
Ward 3 - Boyle, Brady, Sprague
Ward 4 - Boyle, Brady, Sprague
Ward 5 - Boyle, MacKelvey, McGinnis
Ward 6 - Boyle
Ward 7 - Boyle
City Clerk McCarthy announced the two individuals
receiving the highest number of votes were Stephen
Boyle and Mathew Brady.
'/6
Bakersfield, California, April 8, 1998 - Page 4
APPOINTMENTS continued
Second Ballot votes for the first Four-Year Position:
Ward 1 - Boyle
Ward 2 - Boyle
Ward 3 - Boyle
Ward 4 - Boyle
Ward 5 - Boyle
Ward 6 - Boyle
Ward 7- Boyle
City Clerk McCarthy announced the individual receiving
the highest number of votes was Stephen Boyle.
Motion by Rowles to reappoint Stephen Boyle, term
to expire April 17, 2002.
ACTION TAKEN
APPROVED
First Ballot votes ranked by preference for the second
Four-Year position:
Ward 1 - Ponton, Lee, Sprague
Ward 2 - Abel, Tragish, Boner
Ward 3 - Brady, Sprague, MacKelvey
Ward 4 - Brady, Sprague, MacKelvey
Ward 5 - Brady, McGinnis, MacKelvey
Ward 6 - Brady, McGinnis, Sprague
Ward 7 - McGinnis, Tragish, Sprague
City Clerk McCarthy announced the three individuals
receiving the highest number of votes were Mathew
Brady and a tie between Thomas McGinnis and Ronald
Sprague.
Second Ballot votes for the second Four-Year Position:
Ward 1 - McGinnis
Ward 2 - McGinnis
Ward 3 - Brady
Ward 4 - Brady
Ward 5 - Brady
Ward 6 - Brady
Ward 7 - McGinnis
City Clerk McCarthy announced the individual receiving
the highest number of votes was Mathew Brady.
Motion by Rowles to appoint Mathew Brady, term to
expire April 17, 2002.
APPROVED
Bakersfield, California, April 8, 1998 - Page 5
APPOINTMENTS continued
First Ballot votes ranked by preference for the Alternate
Four-Year position:
Ward 1 - Ponton, Sprague, Lee
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
- Mcginnis, Abel, Tragish
- Sprague
- Sprague, MacKelvey, Speare
- McGinnis, Sprague, MacKelvey
- McGinnis, Sprague
- McGinnis, Tragish, Sprague
City Clerk McCarthy announced the two individuals
receiving the highest number of votes were Ronald
Sprague and Thomas McGinnis.
Second Ballot votes for the Alternate Position:
Ward 1 - Sprague
Ward 2 - McGinnis
Ward 3 - Sprague
Ward 4 - Sprague
Ward 5 - Sprague
Ward 6 - McGinnis
Ward 7 - McGinnis
City Clerk McCarthy announced the individual receiving
the highest number of votes was Ronald Sprague.
Motion by Rowles to appoint Ronald Sprague as
Alternate, term to expire April 17, 2002.
ACTION TAKEN
APPROVED
Five appointments to the Vicious and Dangerous Animals
Administrative Review Board.
Motion by DeMond to appoint Sheree Hughes,
Norman Lohr and Michael Yraceburn to a three-year
term, expiring April 1, 2001; and Jim McCall to a two-
year term, expiring April 1, 2000.
Motion by Salvaggio to appoint Jack Leonard to a
two-year term, expiring April 1, 2000.
A PPR 0 VED
APPROVED
AB MCDERMOTT
Bakersfield, California, April 8, 1998 - Page 6
CONSENT CALENDAR
Minutes:
go
a. March 25, 1998 Council Meeting.
Payments:
Payments from March 14, to March 27, 1998 in the
amount of $5,599,950.78; and Self Insurance payments
from March 14, to March 27, 1998 in the amount of
$63,042.17.
Resolutions:
Resolution of Intention No. 1170 declaring the City's
intention to establish Maintenance District TS-3,
Rosedale, Jet Way, preliminarily adopting, confirming
and approving Public Works Director's Report. (Ward 4)
Resolution appropriating $23,000 Asset Forfeiture
monies to the Public Works Operating Budget for the
modification and repair of a newly acquired property
storage facility.
Assessment District 97-1, Spring Meadows II/Stockdale
Commercial: (Ward 4)
Resolution determining assessments remaining
unpaid.
2. Resolution authorizing issuance of bonds.
Resolution approving form and substance of
Preliminary Official Statement and Bond
Purchase Contract, authorizing modifications
thereto, authorizing execution thereof, and
authorizing related documents and actions.
Resolution confirming assessments for sewer connection
fees and authorizing collection of assessments by the
Kern County Tax Collector for 5 parcels in the Panama
No. 10 Annexation area. (Ward 7)
Personnel Changes:
Amendment No. 6 to Resolution No. 12-96
setting salaries and related benefits for
employees of the Blue Collar Unit.
ACTION TAKEN
RES 39-90
ROWLES ABSTAINED
DUE TO CONFLICT
RES 40-98
RES 41-98
RES 42-98
RES 43-98
REFERRED TO
PERSONNEL
COMMITTEE
Bakersfield, California, April 8, 1998 - Page 7
?9
CONSENT CALENDAR continued
Job Specifications: Building Maintainer and Park
Maintainer Broadbanded into one Facility Worker
Classification.
Reclassifications: Building Maintainer I to Facility
Worker and Park Maintainer to Service
Maintenance Worker.
Agreements:
h. Tract Maps/Improvement Agreements: (Ward 4)
Final Map and Improvement Agreements with
Castle & Cooke California, Inc., for Tract 5650
Phase D, located south of Harris Road and east
of Reliance Drive.
Final Map and Improvement Agreement with
Windward Cove Partners for Tract 5478 Phase 2
located west of Coffee Road and north of
Hageman Road.
Agreement to indemnify LAFCO for City Annexation No.
396, Proceeding No. 1237, located at the northwest
corner of Stockdale Highway and Allen Road. (Ward 4)
Cooperative Agreement with State of California
Department of Transportation for the conveyance of the
State-owned easement at Southgate Sump to the City.
(Ward 7)
Acquisition of property for the Kern River Parkway: (Ward
4)
Purchase Agreement for $108,400 with Harry C.
Ellingston, Jr., & Mary M. Ellingston, and Jeanne
M. Anderson Peterson and Robert L. Knight, to
acquire 8.5 acres located west of Coffee Road
along the Kern River Channel.
Appropriate $500,000 Proposition 204 State grant
monies to the Capital Budget within the
Agriculture Water Fund for the acquisition of four
Kern River Parkway properties.
ACTION TAKEN
ROWLES ABSTAINED
DUE TO CONFLICT
AGR 98-77
AGR 98-78
AGR 98-79
AGR 98-80
AGR 98-81
DEED 4868
AGR 98-82
DEED 4869
Bakersfield, California, April 8, 1998 - Page 8
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 97-35 with
Sturgeon and Son, Inc. in the amount of $100,000 for
earth moving and hauling services as needed for City
Departments.
Amendment No. 1 to Agreement No. 97-200 with Kern
Economic Development Corporation (KEDC) to provide
for merit performance increases.
ACTION TAKEN
AGR 97-35(1)
MCDERM0 7-1'
ABSTAINED DUE
TO CONFLICT
AGR 97-200(1)
Amendment No. 2 to Agreement No. 94-64 with Great
Western Bank regarding Deferred Compensation.
MCDERMOTT
ABSTAINED DUE
TO CONFLICT
AGR 94-84(2)
Amendment No. 3 to Agreement No. 92-154 with Alan
Tandy, City Manager's Contract.
Bids:
Award annual contract to Kern Sprinkler Landscaping,
Inc. $64,375 to furnish and install trees within City area.
Award contract to P&J Glasner Electrical Construction,
$49,500 to furnish and install a 125 KW standby
generator at the Convention Center.
Award contract to Granite Construction Company
$66,809, for Martin Luther King, Jr. Center Parking Lot
Expansion. (Ward 2)
Award annual contract to Wholesale Fuels, Inc. not to
exceed $58,681.84, for lubricating products.
Miscellaneous:
Appropriate $250,000 arena suite lease revenue to the
Contingency Account in the Arena Construction Fund.
Dedication of property, right of way for pipeline to
California Water Service Company, located south of
Truxtun Avenue and east of N Street. (Ward 2)
Employee Incentive Program.
AGR 92-154(3)
CON 98-83
CON 98-84
CON 98-85
CON 98-86
ROWLES ABSTAINED
DUE TO CONFLICT
DEED 4870
REFERRED TO
PERSONNEL
COMMITTEE
Bakersfield, California, April 8, 1998 - Page 9
CONSENT CALENDAR continued
DeMond requested staff provide a current status
report on Consent Calendar Item k.
McDermott announced abstention on Consent Calendar
Items m. and n. for the appearance of a potential conflict.
Rowles announced abstention on Consent Calendar
Items e. and h.1. due to potential source of income to
employer and t., due to company participation in suite
program.
Motion by Rowles to adopt Consent Calendar Items
a. through v.
ACTION TAKEN
APPROVED
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, 4, 6,
?)
Development Director Hardisty stated property located at
3119 Kennewick has been removed from the list.
Hearing opened at 7:41 p.m.
No one spoke at hearing.
Hearing closed at 7:41 p.m.
Motion by Salvaggio to adopt resolution.
RES 44-98
APPROVED
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. (Ward 1)
Hearing opened at 7:42 p.m.
No one spoke at hearing.
Hearing closed at 7:42 p.m.
RES 45-98
Motion by Carson to adopt resolution. APPROVED
Bakersfield, California, April 8, 1998 - Page 10
HEARINGS continued
Continued public hearing regarding resolution ordering
the vacation of the public alley southwesterly of Sylvia
Drive and South Chester Avenue, Parcel Map No. 5055.
(Ward 1 )
Public Works Director Raul Rojas provided an update.
Motion by Carson to continue to the April 22, 1998
Council meeting.
Protest hearing for City Annexation No. 396, Proceeding
No. 1237, located at the northwest corner of Stockdale
Highway and Allen Road. (Ward 4)
Hearing opened at 7:46 p.m.
Brian Morrow corrected the Clerk, the location is
northwest, not southwest.
Hearing closed at 7:47 p.m.
Motion by McDermott to adopt resolution ordering
the territory annexed to the City of Bakersfield.
Resolution adopting fees pursuant to the Cost Recovery
System.
Hearing opened at 7:48 p.m.
No one spoke at hearing.
Hearing closed at 7:48 p.m.
Motion by McDermott to adopt resolution with
corrections to Pyrotechnics Inspection. striking out
the second and third inspections, each inspection
shall cost the same; and adding wording to reflect
the fees dealing with the Convention Center in Item
S-70 are only in effect until June 30, 1998.
DeMond requested to see Ogden's rate as soon as
possible and requested staff show the overall impact
to the community regarding the recreation/cultural
category in next year's budget.
ACTION TAKEN
APPROVED
RES 46.98
APPROVED
RES 60-98
APPROVED
Bakersfield, California, April 8, 1998 - Page 11
83
10.
REPORTS
None.
ACTION TAKEN
11.
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal
Code and Zoning Map No. 103-31 by changing the
zoning on 2.38 acres, located at the northeast corner of
Fourth Street and N Street from Limited Multiple Family
Dwelling zone to Limited Multiple Family Dwelling -
Church zone, ZC No. P97-0821. (Ward 1) (First reading
March 25, 1998)
Motion by Carson to adopt ordinance.
ORD 3833
APPROVED
12.
NEW BUSINESS
Clean-up legislation - Ordinance amending Sections
12.56.080(B) and 12.56.210(A) of the Bakersfield
Municipal Code relating to parks.
Ordinance amending Chapters 5.06, 9.12 and 17.69 of
the Bakersfield Municipal Code relating to Adult
Entertainment Businesses.
City Attorney Skousen stated staff recommends this item
be referred to Planning Commission for a global review
of the Title 17 (zoning), and all of the provision in Title 5
relating to adult entertainment, zoning and licensing
provision concerning adult entertainment; and direct staff
to continue to work with outside counsel to pull together
a complete sound and strong, legally defensible
ordinance that address the secondary effects of adult
entertainment facilities.
Motion by DeMond to refer to the Planning
Commission.
FR
REFERRED TO
PLANNING
COMMISSION
APPROVED
13.
COUNCIL STATEMENTS
Salvaggio referred to the Building Department a concern
from Mary Ellen Leach, 2704 Laurel Drive, regarding the
issue of abatement of weeds and debris on railroad property
behind the homes on Laurel Drive, between Chester and
Planz; and requested a status report indicating who's
responsibility it is and how the City will proceed.
Bakersfield, California, April 8, 1998 - Page 12
13.
COUNCIL STATEMENTS continued
Salvaggio requested staff review the documents submitted
by the Dearduff family to determine, if any, the City's
involvement in obtaining Grant Deeds, and if none, possibly
assist them with an attorney referral
Salvaggio requested a letter be prepared by the Police
Department and sent to the owners of Sails No. 7, Group
Home, Mr. Ihab Shahawl and Ms. G. H. Imen,, located at
4013 Redford Court, 93313, indicating that playing
basketball in public streets with portable basketball stands
is not permitted.
Salvaggio requested an update on his previous request
regarding the feasibility of removing the rest of the parking
on the north side of Panama Lane, right before Wible Road;
and also requested a copy of the original memo on this
issue.
Salvaggio requested a status report on the survey regarding
lowering the speed limit on Panama Lane, near Phyllis,
between Wible and Highway 99; and also requested a copy
of the original memo on this issue.
Salvaggio asked questions regarding previous agenda items on
budget amendments for the period of June 30, 1997 through
January 1, 1998, City Manager Tandy responded.
McDermott referred to staff complaints of noise from trains
in the hours from midnight to 6 a.m. in the area behind
Campus Park, on Hillyer Way.
Mayor Price stated he had a call into the Train Master on the
noise issue.
McDermott provided an update on Centennial events:
· Historical photos, donated by Leo Perrucci, are on
display at the Bank of Stockdale; Bank of Stockdale will
also be having a drawing for a $250 brick;
· April 18, 1998- Centennial Beautiful Bakersfield Awards;
· April 19, 1998 Presentations by the Bakersfield
Symphony, featuring Cal State Professor Doug Davis;
· April 23, 1998 - Community Energy Night, celebrating
100 years of energy in Bakersfield and Kern County;
· April 23 - 24, 1998 - Centennial Multi Cultural Festival at
Central Park in conjunction with the Village Artisan's
Event, including d/splays from our Sister City of Cixi
China, the Adobe Krow Gallery.
ACTION TAKEN
Bakersfield, California, April 8, 1998 - Page 13
13.
COUNCIL STATEMENTS continued
McDermott continued:
· April 29 - 30, 1998 - Centennial Farm Days at the Kern
County Fairgrounds.
· Engraving on the bricks has begun, 2000 bricks have
already been sold, bricks are still available at the current
price levels but they must be purchased by April 30,
1998 to guarantee they will be in the Plaza on opening
day.
Mayor Price announced Harvel Plastics Pipe Manufacturing
Plant recently broke ground and will be furnishing all of the
plastic pipe for the Centennial Plaza.
DeMond stated that the Beech & 24th Street signal has been a
subject of conversation for years, but in the last part of 1997 Cal
Trans indicated that it was a feasible point to have it, no action
on funding was done prior to that.
DeMond thanked staff for lighting in the Chester area.
DeMond announced the Women's Conference has received over
1300 paid responses, less than 200 openings are left, time is
running out to make a reservation.
Carson thanked the Mayor for sympathy message to the family
of Willie Parker, Jr. and the Police Department for their efforts in
the investigation and the candle light vigil that was held.
Carson requested staff send a letter to the Fair Board
regarding the issue of sand blowing from the parking lot
across from the Kern County Fairgrounds to the City
school
Carson requested the Recreation and Parks Division speak
to representatives of the Greenfield School District
regarding recreational services in that area.
Rowles referred to Public Works the railroad noise issue.
Rowles requested Police Chief Brummer call him regarding
speeding issues in neighborhood areas.
Rowles requested Public Works Director Rojas call him on
Friday regarding traffic engineering issues.
ACTION TAKEN
14.
Bakersfield, California, April 8, 1998 - Page 14
ADJOURNMENT
Motion by Rowles to adjourn at 8:30 p.m.
MAYOR BOB PRICE of the City of Bakersfield, CA
ATTEST:
ACTION TAKEN
APPROVED
CITY CLERK and Ex.._O. ffi, lci..o.(~erk of the Council
of the City of Bakersfield, CA