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HomeMy WebLinkAbout08/07/1996 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 7, 1996 CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson (seated at 5:30), McDermott, Sullivan, Salvaggio Councilmembers Smith, Rowles Motion by DeMond to recess to Closed APPROVED Session at 5:24 p.m. AB CARSON SMITH ROWLES Conference with Legal Counsel - Potential Litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b). One potential case. Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to Government Code Section 54956.9(c). One potential case. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 concerning property located at the south side of E. Belle Terrace between Washington and Mt. Vernon. Negotiating Parties: Mr. Alan Tandy, City of Bakersfield city Manager; and Kern High School District and Larry Sade, property owners. Under negotiation: All terms. CITY ATTORNEY SKOUSEN WAS PROVIDED INSTRUCTION CITY ATTORNEY SKOUSEN WAS PROVIDED INSTRUCTION CITY MANAGER TANDY WAS PROVIDED INSTRUCTION Motion by DeMond to adjourn from Closed Session at 6:50 p.m. APPROVED AB SMITH ROWLES Bakersfield, California, August 7, 1996 - Page 2 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Irma Carson 2. PLEDGE OF ALLEGIANCE 3. ROLLCALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio None CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. 5o PRESENTATIONS Mayor Price presented to the City of Bakersfield a trophy and a Key to the City of Queretaro. PUBLIC STATEMENTS The following individuals spoke regarding the park feeding programs: Tom Pasek; and Kimala Medina. Debora Gable spoke regarding financial support of small business owners. DeMond requested staff meet with Ms. Gable and offer any available assistance. APPOINTMENTS Appointment by Vice-Mayor of two City Council representatives to the Ad-Hoc Committee to review City/County Fire Study recommendations. McDermott requested City Attorney Skousen to find out if the Ad-Hoc Committee meetings are subject to the Brown Act open meeting requirements. Motion by Salvaggio to appoint Vice- Mayor DeMond and Mayor Price. APPROVED Bakersfield, California, August 7, 1996 Page 3 7. APPOINTMENTS continued ACTION TAKEN DeMond suggested Councilmembers present any areas of concern they wish to be discussed to the City Ad-Hoc Committee members. CONSENT CALENDAR Payments from July 13 to July 25, 1996 in the amount of $3,741,352.03; and Self Insurance payments from July 13 to July 25, 1996 in the amount of $12,235.07. Minutes of the Closed Session and Regular Meeting of July 24, 1996. Grant of Easement to Pacific Gas and Electric Company located along the south side of Truxtun Avenue, approximately 950 feet west of Truxtun Plaza West. (Ward 4) Resolution determining that used vehicles cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $225,000 (11 replacement and 2 additional sedans) Resolution accepting title from State of California, Department of Transportation, for 2 additional road right-of-way parcels, located on Pierce Road south of State Highway 204 on the north side of Rio Mirada Drive, by relinquishment. (Ward 5) Agreement with Psychology Systems, Inc., a division of PacifiCare Behavior Health, for Employee Assistance Program (EAP). g. city Physician Agreements: Agreement with Willard B. Christiansen, M.D., Inc., for City Physician Services. Agreement with Bakersfield Occupational Medical Group for City Physician Services. DEED 4509 RES 94-96 RES 95-96 AGR 96-220 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 7, 1996 Page 4 8. CONSENTCALENDAR continued ACTION TAKEN he Amendment No. 1 to Improvement Agreement Nos. 95-187 and 95-188 with Centex Real Estate Corporation to extend time for completion of improvements (Tract 5372, Unit 3, located west of Verdugo Lane, south of Reina Road). (Ward 4) Accept bids to award Contracts to Zumar Industries, Inc. ($29,800.75) and Safety Sign Company ($23,166) for traffic signs, not to exceed a total of $52,966.75. Accept bid to award Annual Contract to Advanced Concrete Sawing (not to exceed $33,205) for removal of striping and pavement marking at various locations. Accept bid to award Annual Contract to Kern Turf Supply, Inc. (not to exceed $42,205.78) for irrigation parts and supplies. Accept bid from De Nardi Equipment Company, Inc. ($89,813.30) for replacement diesel motor grader. Motion by DeMond to adopt Items (a) through (1) of the Consent Calendar, with the exception of Item g. AGR 96-221 AGR 96-222 CON 96-223 CON 96-224 CON 96-225 CON 96-226 APPROVED go City Physician Agreements: Agreement with Christiansen, M.D., Physician Services. Willard B. Inc., for City Agreement with Occupational Medical Physician Services. Bakersfield Group for City Salvaggio requested staff notify all City employees that they may now pre-select a provider of their choice. Rowles requested staff maintain accurate records for review in the future; and to report back to Council with the particulars of determining assignments to each provider and pre-employment protocol. AGR 96-227 AGR 96-228 Bakersfield, California, August 7, 1996 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN Motion by DeMond to adopt Item g. of APPROVED the Consent Calendar. 9. HEARINGS 10. REPORTS Legislative and Litigation Committee Reports regarding Ordinance Modifications Relating to Operation of Food and/or Shelter Service Agencies: 1. Majority Report No. 1-96 Supporting Proposed Ordinance Modifications. a) Ordinance amending Section 17.04.285 of the Bakersfield Municipal Code defining food and/or shelter service agencies to change the reference from 3 or more days per week to 2 or more days per week. (First Reading 6/12/96) b) Ordinance adding Section O. to Section 12.56.050 to the Bakersfield Municipal Code prohibiting operating food and/or shelter service agencies in City parks. (First Reading 6/12/96 Minority Report No. 2-96 Opposing Proposed Ordinance Modifications. Carson provided an Oral Minority Report. Motion by Rowles to accept Majority Report No. 1-96 and implement recommendations, adopting Ordinances. ORD 3720 ORD 3721 APPROVED NS CARSON SALVAGGIO Bakersfield, California, August 7, 1996 - Page 6 11. DEFERREDBUSINESS ACTION TAKEN Ordinance adding Potomac No. 1 Annexation to Ward 1, located at the southwest corner of Potomac Avenue and Monticello Avenue. (Ward 1) (First Reading 7/24/96) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map NO. 123-13 by changing the ~oning from Multiple Family-Architectural Design and Regional Commercial to Planned Commercial District on 5.82 acres located along the east side of Stats Route 99 between McCall Avenue, White Lane and Mesa Grande Street. (ZC P96-0275) (Ward 7) (First Reading 7/24/96) Ordinance amending Section 16.28.170 O.2.c. of the Bakersfield Municipal Code relating to reduction of minimum lot width, depth and frontage for lots 6,000 square feet and greater in size. (First Reading 7/24/96) Motion by DeMond to adopt Items a. through c. of Deferred Business. ORD 3722 ORD 3723 ORD 3724 APPROVED 12. NEW BUSINESS Ordinance amending Subsection D. of Section 5.06.010 and subsection B. of Section 5.06.060 of the Bakersfield Municipal Code relating to adult entertainment businesses. City Attorney Skousen background information. provided Ordinance amending Subsections G. and H. of Section 5.50.290 and adding Subsection M. to Section 5.50.290 of the Bakersfield Municipal Code relating to taxicabs. Ordinance amending Section 9.36.070 of the Bakersfield Municipal Code relating to graffiti. FR FR FR Bakersfield, California, August 7, 1996 - Page 7 13. COUNCILSTATEMENTS ACTION TAKEN Carson announced Mrs. Spencer, owner of the historical Spencer House, has died. Carson requested City Manager Tandy provide a written report as to why the Fire Study consultant has not been paid by the City. Salvaggio thanked General Services Superintendent Jamison and Supervisor Sarver for their quick response in installing stop signs in Ward 7. Salvaggio mentioned signs have been posted on property south of Jack in the Box on the east side of Colony, south of Panama Lane; and requested Chief Brummer cite the semi trucks parking illegally and causing the problems for area businesses. Salvaggio thanked City Manager Tandy for the correspondence to State Legislatures, particularly the Appropriations Committee, regarding Council opposition to SB 1505 (Transportation Funding); and requested this item be placed on the August 21, 1996 agenda. Salvaggio mentioned citizens residing at the mobile home park at 1500 Pacheco Road wishing to dissolve their homeowners association and dedicate the streets to City; and requested City Attorney' Office review the C C & Rs and respond by memo as soon as possible regarding the process. Salvaggio received correspondence from CalTrans Resident Engineer requesting the City's input on the million-dollar landscaping project on Highway 99, from Golden State Highway to Wilson Road. McDermott commented on SB 1505 (Transportation Funding) and stressed the importance of the Railroad's participation. McDermott advised a past Parks and Recreation Program Director, Patty DeWitt, has died. Bakersfield, California, August 7, 1996 - Page 8 13. COUNCIL STATEMENTS continued ACTION TAKEN McDermott mentioned the invitation to Council for the ribbon cutting celebration of Calloway/Old River Bridge, Monday, August 12, 1996, at 10:00 a.m. Sullivan thanked and congratulated Fire Chief Kelly for the open house at the new station at Stine Road and Panama Lane. Rowles referred the barking dog issue to City Manager's Office and advised he be contacted for the address. Rowles congratulated Community Services for the leash-free areas. Rowles requested City Manager's Office check into a City pickup being parked at the Sycamore Canyon Golf Course. Rowles thanked Chief Brummer and Lieutenant Zachery for the increased patrol at Kern City. Rowles requested staff obtain a copy of the City of Tehachapi ice cream truck ordinance. Rowles thanked Public Works for cooperatively working with P.G.& E. on the Stockdale Highway and California Avenue project. Rowles mentioned City road improvements in contrast to County roads. Mayor Price complimented Building Director Fidler for the inspection program. Mayor Price was impressed by the COPS Programs he attended on Liggett Street and on Oregon Street. Price thanked Council and everyone for their assistance in his absence last meeting. DeMond requested Public Works Department check the manholes on 24th Street. Public Works Director Rojas responded. Bakersfield, California, August 7, 1996 - Page 9 13. COUNCIL STATEMENTS ACTION TAKEN DeMond thanked Solid Waste Superintendent Morris for his hard work while Solid Waste Director Barnes was away. DeMond requested staff define the procedures and regulations/criteria for cabaret licenses, prior to the next renewal cycle. DeMond thanked Chief Brummer for the COPS Program turnout. 14. ADJOURNMENT Motion by DeMond to adjourn at 8:20 p.m. APPROVED MAd~R BOB PRICE of the City of Bakersfield, ATTEST: ACTING CITY CLERK and E~-OFFICIO CLERK of the Council of the City of Bakersfield, CA CA AUG7.A 8/28/96 12:32pm