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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