Loading...
HomeMy WebLinkAbout08/08/01 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 8, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 201 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson (seated at 6:15 p.m.) Maggard (seated at 6:05 p.m.) Couch, Hanson, Sullivan (seated at 5:20 p.m.) Councilmember Benham ACTION TAKEN WORKSHOP a. Update regarding the Bakersfield Municipal Airport Restaurant. Brad Underwood, Public Works Operations Manager, gave a brief update regarding the fire at the restaurant and the cost of replacement. Motion by Salvaggio to recess to Closed Session at 5:29 p.m. APPROVED AB CARSON BENHAM MAGGARD CLOSED SESSION Conference with Legal Counsel Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Roger Edwin Hartley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. CIV-F-00-5894 AWl DLB Conference with Labor Negotiator, Alan Tandy, pursuant to Government Code Section 54957.6. Employee organizations: Management, General Supervisory and Police Supervisory. NAT NAT Bakersfield, California, August 8, 2001 - Page 2 CLOSED SESSION continued ACTION TAKEN Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding 2144 Parker Lane. Negotiating Parties: Finance Director Gregory Klimko, Real Property Manager Don Anderson, Hal Blackburn and Bruce Haupt (BH Investments); Under Negotiation: Price and terms of payment for purchase. NAT Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case. NAT Motion by Salvaggio to adjourn from Closed Session at 7:03 p.m. APPROVED AB BENHAM REGULAR MEETING INVOCATION by Pastor Curtis Richardson, Open Door Church of God in Christ PLEDGE OF ALLEGIANCE by Darric Carney, Norris School ROLL CALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson,, Maggard, Couch, Hanson, Sullivan Absent: Councilmember Benham CLOSED SESSION ACTION Mayor Hall announced there was no Closed Session Action taken. PRESENTATIONS Councilmember Carson acknowledged the Bakersfield Greyhounds athletes, Terry Nichols, Director and Coach Craig Owens, who introduced the athletes present. PUBLIC STATEMENTS Jane Prewett spoke regarding blighted property at Canter Way and Ming Avenue. Couch requested Police Chief Matlock speak with Ms. Prewett to address her concerns. 203 Bakersfield, California, August 8, 2001 - Page 3 PUBLIC STATEMENTS continued b. Dave Jones spoke regarding renaming River Oak Park to keep with Indian Native theme. c. The following individuals spoke regarding annexation: Barbara Fowler and Barbara Fields. Couch referred to Legislative and Litigation Committee the issue of LAFCO annexation policy. d. Johnathan Cartier spoke regarding self-service tobacco displays. ACTION TAKEN 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: July 18, 2001 Council Meeting and July 23, 2001 Special Joint Council/Board of Supervisors Meeting. Payments: Payments from July 6, to July 26, 2001 in the amount of $7,586,646.91; and Self Insurance payments from July 6, to July 26, 2001 in the amount of $246,933.59. Resolutions: Resolution of Intention No. 1248 to add territory, Area 1-23 (Mohawk, Krebs SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 429, located along the north side of Ming Avenue, west of Anita Lane. (Ward 7) ROI 1248 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 8, 2001 - Page 4 CONSENT CALENDAR continued Resolution adding territory, Area 3-13 (Gosford, Pacheco SW), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Resolution determining that certain new or used vehicles for public safety undercover work cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $281,800. Changes to Salary Schedule and New and Revised Job Specifications: Amendment No. 14 to Resolution No. 108-99 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and Adopting Salary Schedule and Related Benefits for Chief Code Enforcement Officer, Code Enforcement Officer Ill and Permit & Plan Check Manager. Revised Job Specifications: Chief Code Enforcement Officer. New Job Specifications: Code Enforcement Officer III and Permit & Plan Check Manager. Agreements: h. Tract Maps/Improvement Agreements: Improvement Agreement with St. John Missionary Baptist Church, for Parcel Map 10715, located on the south side of East Brundage Lane at Hayes Street. (Ward 1) Agreement to Indemnify LAFCO for City Annexation No. 417, Proceeding 1301 uninhabited territory located generally along the north side of Rosedale Highway, on both sides of Henry Lane. (Ward 4) ACTION TAKEN RES 1~3-01 RES 114-01 RES 108-99(14) AGR 01-181 AGR 01-182 Bakersfield, California, August 8, 2001 - Page 5 CONSENT CALENDAR continued Agreement with the Bakersfield City School District, in an amount not to exceed $62,750 to conduct After School Programs during the 2001- 2002 school year. (Wards 1 & 2) Agreement with Metropolitan Recycling Corporation (MRC) for joint operation of a material recycling facility for construction and demolition materials, in an amount not to exceed $184,000. Agreement with Donald Collins for assignment of Municipal Farm Lease No. 95-310 with Gary Garone Farms for operation of Wastewater Plant 2 Farm. (Ward 1) Amendment No. 1 to Agreement 98-214 with Buck Consultants for health care consulting services. Amendment No. 1 to Improvement Agreement 01-048 with Castle & Cooke to reflect the change in responsibilities with respect to the construction of improvements to Old River Road. (Ward 4) Amendment No. 3 to Agreement No. 98-16 with SMG for Management Services. Assignment of Agreement No. 99-81 to C.H.P. Enterprises to sell surplus personal property. Bids: Miscellaneous: Dedication of Property: Grant Deed from Kyle Carter Homes, Inc. for a Drainage Basin located at the northwest corner of Call0way Drive and Olive Drive. (Ward 4) Approve $10,000 Grant Application to the "California Aid to Airports Program" to be used for Operational and Maintenance Costs for the Bakersfield Municipal Airport. (Ward 1) ACTION TAKEN AGR 0'1-183 REMOVED FOR SEPARATE CONSIDERATION AGR 95-310('1) REMOVED FOR SEPARATE CONSIDERATION AGR 0'1-048(1) REMOVED FOR SEPARATE CONSIDERATION AGR 99-8~(~) DEED 5442 REMOVED FOR SEPARATE CONSIDERATION ,206 Bakersfield, California, August 8, 2001 - Page 6 CONSENT CALENDAR continued Granting Easement to Pacific Gas & Electric to provide power to the Alejandro Canal Intake located approximately 3000 feet north of Panama Lane, east of Enos Lane. (Ward 4) Sale of City Surplus Property located at 720 Lakeview Avenue. (Ward 1) U. Four Wheel Drive Loader: Transfer $180,000 Refuse Fund Balance to the Equipment Management Fund operating budget to purchase a loader. Extend bid from Quinn Company $179,244.79 for one (1) additional Four- Wheel Drive Loader for Solid Waste. Motion by Salvaggio to adopt Consent Calendar Items a. through u., with separate consideration of Items d., k., m., r. and o. ACTION TAKEN DEED 5443 REFERRED TO BUDGET & FINANCE COMMITTEE APPROVED AB BENHAM Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 429, located along the north side of Ming Avenue, west of Anita Lane. (Ward 7) RES 112-01 Motion by Salvaggio to adopt Consent Calendar Item d. Agreement with Metropolitan Recycling Corporation (MRC) for joint operation of a material recycling facility for construction and demolition materials, in an amount not to exceed $184,000. Amendment No. 1 to Agreement 98-214 with Buck Consultants for health care consulting services. Carson referred to Personnel Committee the issue of why the retirees don't have a voting member on the Joint City/Employee Insurance Committee. APPROVED AB BENHAM AGR 01-184 AGR 98.214(1) 2O? Bakersfield, California, August 8, 2001 - Page 7 CONSENT CALENDAR continued Approve $10,000 Grant Application to the "California Aid to Airports Program" to be used for Operational and Maintenance Costs for the Bakersfield Municipal Airport. (Ward 1) Motion by Carson to adopt Consent Calendar Items k., m., and r. ACTION TAKEN APPROVED AB BENHAM Amendment No. 3 to Agreement No. 98-16 with SMG for Management Services. Maggard requested staff clarify if the Centennial Garden pays for itseif and the Convention Center, Motion by Couch to adopt Consent Calendar Item o. 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. (Ward 2) Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:22 p.m. No one spoke at hearing. Hearing closed at 8:23 p.m. Motion by Hanson to adopt the resolution. 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 1,2,3,5,6,7) Jack Hardisty, Development Services Director, gave a brief update. AGR 98-16(3) APPROVED AB BENHAM RES 115-01 APPROVED AB BENHAM RES 116-01 Hearing opened at 8:26 p.m. Bakersfield, California, August 8, 2001 - Page 8 HEARINGS continued No one spoke at hearing. Hearing closed at 8:27 p.m. Carson requested staff, in the future, provide her with phone numbers of property owners for properties being assessed in her ward, so she can contact them to be sure they understand the situation. Motion by Carson to adopt the resolution. Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property interests located south of Rosedale Highway, north of the Cross Valley Canal, east of Fruitvale Avenue and west of Gibson Street, for the Mohawk sewer line extension project. (Code of Civil Procedure Section 1245.230, et seq.) (Unincorporated area of Kern County, east of Ward 4) Bart Thiltgen, City Attorney, gave a brief update. Correspondence has been received from Thomas Fallgatter, representing Equilon Enterprises, requesting to be heard and objecting to the adoption of a Resolution of Necessity. Correspondence has been received from Mark Treadwell, representing Jeff Wanamaker and the Estate of Robert Wanamaker, requesting to be heard regarding the Resolution of Necessity. Hearing opened at 8:31 p.m. Tom Fallgatter, representing Equilon Enterprises spoke in opposition to staff recommendations on Hearing Items c. and d. Hearing closed at 8:34 p.m. ACTION TAKEN APPROVED AB BENHAM RES ff7-Of Motion by Salvaggio to adopt the resolution of APPROVED necessity. AB BENHAM 209 Bakersfield, California, August 8, 2001 - Page 9 HEARINGS continued Public hearing to determine whether the public interest and necessity require acquisition by eminent domain of property interests located south of Rosedale Highway, north of the Cross Valley Canal and east of the Kern Friant Canal, (Equilon Refinery property), for the Mohawk sewer line extension project. (Code of Civil Procedure Section 1245.230, et seq.) (Unincorporated area of Kern County, east of Ward 4) Correspondence has been received from Thomas Fallgatter, representing Equilon Enterprises, requesting to be heard and objecting tot the adoption of a Resolution of Necessity. Hearing opened at 8:38p.m. Tom Fall reiterated comments in opposition of staff recommendation. Hearing closed at 8:38 p.m. Motion by Couch to adopt the resolution of necessity. ACTION TAKEN RES 1t8-01 APPROVED AB BENHAM 10. REPORTS None. 11. DEFERRED BUSINESS Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 415, located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road. (First Reading 07-18-01) (Ward 4) Motion by Couch to adopt the ordinance. Ordinance amending portions of Chapter 5.50 of the Bakersfield Municipal Code relating to taxicabs. (First Reading 07-18-01) ORD 4012 APPROVED AB BENHAM ORD 4013 Motion by Couch to adopt the ordinance. APPROVED AB BENHAM 11. 12. Bakersfield, California, August 8, 2001 - Page 10 DEFERRED BUSINESS continued Ordinance amending Chapter 12.56.240 of the Bakersfield Municipal Code relating to sales and fees regulations in parks. (First Reading 07-18-01) Motion by Couch to adopt the ordinance. NEW BUSINESS Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning from a Planned Commercial Development (PCD) zone to a revised Planned Commercial Development (PCD) zone on 16.75 acres located on the north side of Stockdale Highway, east of California Avenue. (P01-0377) (Ward 5) ACTION TAKEN ORD 4014 APPROVED AB BENHAM FR Ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco use prevention and self-service displays. FR Ordinances imposing restrictions on skateboard use on sidewalks within selected areas of the City: Ordinance amending Chapter 10.08.020 of the Bakersfield Municipal Code relating to vehicles and traffic. Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code relating to bicycles and similar vehicles. FR FR 13. COUNCIL & MAYOR STATEMENTS Maggard requested staff dialogue with him regarding adequate landscaping and trees at overpass at Fairfax and Freeway 178, and the feasibility of receiving grants for additional funding, also requested staff respond to residents who attended the neighbor meeting. Maggard referred to City Attorney Thiltgen the issue of participating in legislation regarding energy crisis fees and the possibility enlisting the services of Consultant that spoke at League of Cities conference. Thiltgen briefly responded and will provide written information regarding bills. Bakersfield, California, August 8, 2001 - Page 11 13. COUNCIL & MAYOR STATEMENTS continued Maggard asked when the lease agreement and financial declaration for the City Center Project would be received and stated in the event there may be pressure to extend the 120 days, he would like to have input with affected property owners. City Manager Tandy responded. Maggard requested staff place the issue of a lease for a baseball stadium on the next Council Agenda for discussion. Maggard requested staff provide an update regarding media news about the Condora. City Manager Tandy responded. Hanson asked if the City was spending any money on the proposed stadium. Tandy responded. Hanson thanked Police Chief Matlock, and Fire Chief Fraze for showing the stations to his grandchildren. Couch requested City Attorney Thiltgen provide a memorandum outlining interface with Council liaison (Couch) and the Planning Commission regarding Drilling Island Zones. Couch thanked Police Chief Matlock for meeting last night and supports what he is trying to do regarding substations. Couch requested clarification regarding Fire Station 15 design. Fire Chief Fraze responded and stated they will be providing a workshop at a later date. Couch thanked Maggard for raising concerns regarding baseball stadium and Hanson regarding PG & E. Couch thanked Dennis Fidler, Randy Fidler, the Building Department and Lee Jamison for resolving an issue regarding a fence. Couch suggested using the Urban Development Committee as a place to allow public input, televising meetings on the Alternative 15 Freeway phasing portion. Couch complimented the City Council and Board of Supervisors for work done at the joint meeting. Couch referred to Legislative and Litigation Committee the issue of preparing minority reports regarding general plan amendments and zone changes not voted unanimously by the Planning Commission. ACTION TAKEN Bakersfield, California, August 8, 2001 - Page 12 13. COUNCIL & MAYOR STATEMENTS continued Couch referred to City Attorney Thiltgen the issue of completing the wall at Meecham and Calloway project. Couch referred to staff the issue of adding an Energy Element to the 2010 General Plan. Couch referred to a memorandum from Public Works Director Rojas to City Attorney Tandy regarding 7~ Standard Road Alignment, to develop a Memorandum of Understanding to facilitate transition and also to develop an understanding that Cai Trans will participate financially in the construction of a new Route 58 Freeway facility. Couch referred to Legislative and Litigation Committee the issue of preparing minutes for Closed Sessions. Carson thanked everyone for their kind remarks and concerns during her absence due to knee surgery. Carson requested staff inform her when parking signs will be posted in her ward, prior to installing signs. Carson made comments regarding the community meetings regarding fire substations. Carson made comments regarding tobacco vendor and stated she will provide Police Chief Matlock and Council with a report of findings from the consultant. Carson requested staff breakdown payments from July 6 - 26, 2001, and wants to make sure we are using local vendors, and vendor is representative of women/minority business. Carson stated she's pleased to see St. Johns Missionary Baptist Church is moving to their church building, and agreements were approved tonight. Carson requested Mayor Hall send Certificates of Recognition to the Bakersfield Greyhound youth participants. Carson commented regarding City projects and concerns of Labor Unions, and requested staff provide her additional information/clarification regarding project agreement with laborers. ACTION TAKEN 13. Bakersfield, California, August 8, 2001 - Page 13 COUNCIL & MAYOR STATEMENTS continued Carson stated that the supermarket project in Southeast at Union and California Avenue is moving forwarded and encouraged residents attend the future neighborhood meeting and continue to support this project. Salvaggio referred to staff correspondence from Carolyn Forbes regarding a blighted field across from Jamison Children Center and requested staff respond and provide Council with a copy of the response. Salvaggio referred to Public Works the issue of STIP dollars for roadway rehabilitation and request that the sound wall at intersection of White Lane and Highway 99 be included in the state transportation improvementprogramSTIP. Also, Couchrequested staff provide the history of the project and Jack LaRochelle attend the next meeting. Salvaggio requested Public Works provide an update on traffic signal at Taft Highway, from southbound Highway 99, and staff meet with the County regarding this issue. Salvaggio hopes a compromise can be worked out between Native American Heritage Preservation Counsel of Kern County and Coleman Homes regarding naming of new park being developed. Salvaggio requested City Manager Tandy summarize new information regarding proposed Food 4-Less store remarks by Carson. Tandy responded. Also requested staff provide Council with copies of renderings that were provided to Carson. Carson requested Public Works Director Rojas schedule a meeting with concerned neighbors, business owners and airpark users regarding future use of restaurant. Mayor Hall stated he has received a complimentary personal note from Supervisor Patrick expressing her recognition in a positive way of the way the Joint meeting of July 23, 2001 was handled. Mayor Hall complimented Stan Ford, Recreation and Parks Director and his staff on the great work on the Recreation and Parks new brochure. Mayor Hall outlined the City of Bakersfield's efforts for conserving energy during the energy crises. ACTION TAKEN 13. Bakersfield, California, August 8, 2001 - Page 14 COUNCIL & MAYOR STATEMENTS continued Mayor Hall complimented staff for assisting Council during late meetings. ACTION TAKEN 14. ADJOURNMENT Mayor Hall adjourn the meeting at 9:~56 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Cl~ of the Council of the City of Bakersfield