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