HomeMy WebLinkAbout06/26/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 26, 1996
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCA~ON by Paul Dennis, Director, First Assembly of God Church.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
ACTION TAKEN
Present: Mayor Price, DeMond, Carson,
Smith, McDermott, Rowles,
Sullivan, Salvaggio (seated at
7:07)
Absent: None
Motion by DeMond to add Consent Calendar
Item ee. that arose after the Agenda was
posted and requires action this evening.
APPROVED
AB SALVAGGIO
es.
Cooperative Agreement with State of
California, Department of
Transportation, regarding the
Engineering Feasibility Study for the
Bakersfield Pedestrian Overcrossing on
Union Avenue (Route 204). (Wards 1 &
2)
4 o
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
The following individuals spoke
regarding the Richard Alan Maxwell
Memorial:
Mary Helen Barro, requesting City
enter into a maintenance agreement
with the newly-formed foundation; and
Louis Vegas, Chairman, CHP Richard
Alan Maxwell Memorial, and distributed
materials.
Rowles requested staff
specific issues and costs
back with recommendations
City can offer assistance.
identify
and come
where the
Bakersfield, California, June 26, 1996 - Page 2
6. PUBLIC STATEMENTS continued
ACTION TAKEN
Ruth Gelman spoke regarding the
annexation of Old Stockdale and
submitted written material requesting
she be advised of upcoming City
annexation informationals.
Richard Wright spoke regarding traffic
problems at Ridgeview High School,
located on Stine, south of Panama; and
requested installation of caution
lights.
Sullivan requested Mr. Wright contact
her regarding resolving this problem.
(Public Statements continued on Page 10)
7. APPOINTMENTS
CONSENTCALENDAR
Payments from June 1 to June 14, 1996
in the amount of $4,327,685.91 and
Self Insurance payments from June 1 to
June 14, 1996 in the amount of
$222,954.66.
Minutes of the Budget Presentations of
June 10, 1996; and Workshop, Closed
Session and Regular Meeting of June
12, 1996.
Resolution establishing Maintenance
District No. 1-12 (Interim),
confirming the assessment and
authorizing collection of assessments
by the Kern County Tax Collector (Park
West). (Ward 4)
Resolution directing the Public Works
Director to construct additional
curbs, gutters and sidewalks along
portions of Garnsey Avenue, San Marino
Drive and Phaffle Street, confirming
revised assessments and authorizing
collection of assessments by the Kern
County Tax Collector. (Ward 6)
RES 64-96
RES 65-96
Bakersfield, California, June 26, 1996 - Page 3
8. CONSENT CALENDAR continued
ACTION TAKEN
go
mo
Resolution confirming assessments for
sewer connection fees and authorizing
collection of assessments by the Kern
County Tax Collector for Panama No.
10. (Ward 7)
Resolution adopting fees and service
charges pursuant to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code and
providing for the collection of
certain refuse fees by the Kern County
Tax Collector. Residential and
Commercial Refuse)
Resolution providing for
collection of sewer charges by
Kern County Tax Collector.
the
the
Transfer $169,400 from Council
Contingency to Fire Department
Operating Budget within the General
Fund for anticipated additional salary
expenses.
Appropriate $900,364 Fund Balance to
Risk Management Operating Budget in
the Risk Management Fund for Workers
Compensation claims expense.
Resolution amending Resolution No. 14-
96 for amendments to Fiscal Year 1995-
96 Operating, Capital Improvement
Program and Central District
Development Agency Budgets for the
period of January 1, 1996 through June
30, 1996.
Final Tract Map and Improvement
Agreement with Kyle Carter Homes,
Inc., for Tract 5697, Phase 3, located
south of Harris Road and west of Stine
Road. (Ward 6)
Agreement with Gordon Special
Services, Inc. for administration of
the School Crossing Guard Program.
Renewal of Agreement with the Housing
Authority of Kern County for
additional police, crime prevention
and protective services.
RES 66-96
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 67-96
AGR 96-174
AGR 96-175
AGR 96-176
Bakersfield, California, June 26, 1996 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
Oo
Do
Agreement to indemnify I2~FCO for
Potomac No. 1, Annexation No. 387,
Proceeding No. 1201, located southwest
of Potomac and Monticello Avenue.
(Ward 1)
Agreement with the Bakersfield Society
for the Prevention of Cruelty to
Animals (SPCA) for animal control
services.
Amendment No. 2 to Agreement No. 94-
137 with City Attorney Judy K. Skousen
to grant a step increase.
Panama Lane construction:
Agreement with Castle & Cooke
California, Inc. for
reimbursement for Panama Lane
improvements constructed by the
City of Bakersfield.
Accept bid to award Contract to
Griffith Company ($1,058,750) for
construction of Panama Lane,
Gosford Road to Stine Road.
(Wards 4 & 6)
Accept bid to award Contract to W.M.
Lyles Co. ($182,229) for construction
of a sewer line along the Kern Island
Canal; and transfer $40,000 from Sewer
Construction Telemetry Project to
Sewer Rehabilitation Kern Island Canal
Project. (Ward 1)
Accept bid to award Contract to
Griffith Company ($949,480) for
resurfacing various streets through
the Surface Transportation Program
(STP), Fiscal Year 1995-96. (Wards 2,
3, 4, 5, 6 & 7)
Accept bid to award Contract to
Griffith Company ($515,000) for
construction of Stockdale Highway and
California Avenue intersection street
widening; and appropriate $350,000
Fund Balance to the Capital
Improvement Budget within the Road and
Bridge Fund. (Ward 5)
AGR 96-177
AGR 96-178
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-179
CON 96-180
CON 96-181
CON 96-182
CON 96-183
Bakersfield, California, June 26, 1996 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
Vo
Wo
aa.
cc.
dd.
Accept bid to award Contract to JTS
Construction ($190,902.42) for
construction of Wastewater Treatment
Plant No. 3 Administration Building
expansion. (Ward 4)
Accept bids to award Annual Contracts
to Badger Meter, Inc. (8 items;
$57,492.05) and Kent Meters, Inc. (4
items; $50,315.27) for water meters.
Total: $107,807.32
Accept bid to award Contract to Piper
& Devries, Inc. dba Omega Construction
($70,982) for construction of ADA
ramps at City Hall entrances. (Ward 2)
Accept bid to award Contract to Ladco
Construction, Inc. ($59,828) for
Council Chambers public restroom
remodel (ADA). (Ward 2)
Accept bid from Berchtold Equipment
($40,743.20) for 4-wheel drive tractor
for Wastewater Treatment Plant
(replacement).
Reject all bids received June 13, 1996
for Police Station floor coverings.
(Ward 2)
Reject bid for diesel-powered motor
grader.
Authorize the Finance Director to
forward to a collection agency
accounts receivables in various funds
totaling $145,256.43.
Appropriate $190,000 Highway Bridge
Replacement & Rehabilitation (HBRR)
Federal Grant Revenue to the Capital
Improvement Budget within the ISTEA
Fund for construction of the Manor
Street Bridge replacement at the
Carrier Canal. (Ward 2)
Airfare for Mayor Price to visit the
City of Queretaro, Mexico.
CON 96-184
CON 96-185
CON 96-186
CON 96-187
CON 96-188
Bakersfield, California, June 26, 1996 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
es.
Cooperative Agreement with State of
California, Department of
Transportation, regarding the
Engineering Feasibility Study for the
Bakersfield Pedestrian Overcrossing on
Union Avenue (Route 204). (Wards 1 &
2)
Motion by DeMond to adopt Items (a) through
(ee) of the Consent Calendar, with the
exception of Items £., g. and p.
CON 96-190
APPROVED
fo
Resolution adopting fees and service
charges pursuant to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code and
providing for the collection of
certain refuse fees by the Kern County
Tax Collector. (Residential and
Commercial Refuse)
Motion by DeMond to adopt Item f. of
the Consent Calendar with deletion of
charge for a 2nd cart from the Fee
Schedule; and refer the issue of a 2nd
cart to Ad Hoc Sanitation Committee.
RES 68-96
APPROVED
NS SALVAGGIO
Resolution providing for the
collection of sewer charges by the
Kern County Tax Collector.
Motion by DeMond to adopt Item g. of
the Consent Calendar.
Amendment No. 2 to Agreement No. 94-
137 with City Attorney Judy K. Skousen
to grant a step increase.
Motion by Salvaggio to adopt Item p.
of the Consent Calendar.
RES 69-96
APPROVED
NS MCDERMOTT
ROWLES
SALVAGGIO
AGR 96-189
APPROVED
NS MCDERMOTT
ROWLES
Bakersfield, California, June 26, 1996 - Page 7 % '~
9. HEARINGS
ACTION TAKEN
General Plan Amendment Case No. P96-
0289 (Wards 2, 4 & 5):
City of Bakersfield requests to amend
the Kern River Plan Element of the
Metropolitan Bakersfield 2010 General
Plan by revising the Master Planting
List of the Kern River Parkway
Plan/EIR.
Planning Director Grady
background information.
provided
Hearing opened at 7:40 p.m.
Rich O'Neil, Kern River Parkway
Committee, spoke in support.
Hearing closed at 7:42 p.m.
DeMond requested Parks Superintendent
Fabbri expedite planting on Manor
Street.
RES 70-96
Motion by Salvaggio to adopt
Resolution.
APPROVED
Protest hearing for the reorganization
that includes Annexation No. 387,
Potomac No. 1, Proceeding No. 1201,
and detachment from the Kern
Sanitation Authority. (Ward 1)
Hearing opened at 7:45 p.m.
No one spoke at hearing.
Hearing closed at 7:45 p.m.
Motion by Carson to adopt Resolution
ordering the territory annexed to the
City of Bakersfield, included into the
Greater Bakersfield Separation of
Grade District and detached from the
Kern Sanitation Authority.
RES 71-96
APPROVED
Bakersfield, California, June 26, 1996 - Page 8
9. HEARINGS continued
ACTION TAKEN
Appeal by Chip Jones to the Board of
Zoning Adjustment decision to deny a
Conditional Use Permit (P96-0222) to
allow a residential care facility for
alcohol and drug recovery for 8
people; and to deny a modification to
convert an existing garage to
habitable bedroom/office space at 6575
Betty Street. (Ward 7)
Planning Director Grady
background information.
provided
Hearing opened at 7:48 p.m.
RES 72-96
The following individuals spoke in
opposition to staff recommendation:
Pastor Victor Loza, Prodigal House
Director; and Chip Jone, Pastor.
The following individuals spoke
support of staff recommendation:
Robert Henson; and Dorothy Henson.
Chip Jones, Pastor, spoke in rebuttal
(support).
Hearing closed at 7:59 p.m.
Motion by Salvaggio to grant the side-
yard modification from 5 feet to 2
feet to allow for the garage
conversion; approve the CUP for a
total of 7 occupants: 6 clients and 1
staff, to be there at all times; 2
cars permitted to park in the
driveway, with no occupants parking in
front of the home; the church next
door to obtain a recorded easement
allowing all additional parking in the
church parking lot; all fire safety
concerns must be addressed according
to all Bakersfield Code regulations.
APPROVED
Rowles requested language be included
that City would be absolved from any
legal action.
Bakersfield, California, June 26, 1996 - Page 9
9. HEARINGS continued
ACTION TAKEN
do
Hearing on Section 33433 of the
California Health and Safety Code to
consider a Resolution authorizing
conveyance of property located at 2120
L Street by the Central District
Development Agency to KGET-TV
(Ackerley Communications). (Deferred
from 6/12/96)
Rowles announced abstention due to
conflict of interest.
RES 73-96
10.
Economic Development Director Wager
provided background information.
Hearing opened at 8:25 p.m.
No one spoke at hearing.
Hearing closed at 8:25 p.m.
McDermott recognized Ray Watson to
speak.
Motion by DeMond to adopt Resolution.
REPORTS
ao
city Manager Oral Report No. 7-96
regarding the Final Design of Chester
Avenue Streetscape Improvements.
(Lawrence Moss & Associates)
Economic Development Director Wager
and Development Associate Barnes
provided background information.
Mayor Price announced a 10-minute
recess at 8:50 p.m. and reconvened the
meeting at 9:00 p.m.
APPROVED
ABS ROWLES
NAT
Bakersfield, California, June 26, 1996 - Page 10
11. DEFERRED BUSINESS
ACTION TAKEN
ao
Park Land/In-Lieu Fee and Park
Development Fee Requirements:
1. Ordinance adding Section ORD 3716
15.80.085; deleting Section
15.80.180; and amending Section
15.80.190 of the Bakersfield
Municipal Code relating to a
Dedication of Land, Payment of
Fees, or both, for the purposes
of Parks and Recreation Land.
(First Reading 6/12/96)
2. Ordinance adding Section ORD 3717
15.82.065 and amending Section
15.82.070 of the Bakersfield
Municipal Code relating to a Fee
for Park Development and
Improvement. (First Reading
6/12/96)
Correspondence was received from
Dennis W. DeWalt, President, DeWalt
Corporation, urging Council support of
NOR's request for basic park
development and sufficient funding for
land acquisition.
PUBLIC STATEMENTS continued
The following individuals spoke
regarding the park ordinances:
Teri Bjorn, Attorney, representing
North Bakersfield Recreation & Park
District; Henry Agonia, North
Bakersfield Recreation & Park
District; Jeff Colitti; Aileen
Colitti; Brian Huff; Doug Starkey,
representing the Edwards Family who
submitted written material.
11. DEFERREDBUSINESScontinued
Motion by McDermott to adopt
Ordinances with added language stating
the ordinances will "sunset" in 6
months if Kern County does not take
action.
APPROVED
Bakersfield, California, June 26, 1996 - Page 11
11. DEFERRED BUSINESS continued
ACTION TAKEN
Agreement with State of California,
Department of Transportation, for
CalTrans to purchase right of way at
the southeast corner of Adobe Road and
Bear Mountain Boulevard for $1,000.
(Ward 1)
Correspondence was received from
Robert L. Binget, State of California
Department of Transportation, urging
Council to proceed with the sale of
property for the Route 223 Project.
AGR 96-191
DEED 4483
Motion by McDermott to approve
Agreement and all documents necessary
to effectuate the sale, in the amount
of $1,330, contingent upon an
invitation to Mr. Binger to meet with
Council/Urban Development Committee
regarding transportation needs in our
community.
APPROVED
NS CARSON
12. NEW BUSINESS
Ordinance adding Greenhills NO. 1
Annexation to Ward 3, located near the
intersection of Freeway 178 and
Comanche Drive. (Ward 3)
Motion by DeMond to move New Business
Item c. forward on the Agenda.
FR
APPROVED
Co
Agreement with Guy Chaddock & Company,
furniture manufacturer, for City to
provide financial assistance to
relocate to 2201 E. Brundage Lane.
(Ward 1)
Motion by Carson to approve Agreement.
AGR 96-192
APPROVED
Fiscal Year 1996-97 budget items:
Additions and changes to the City
Manager's 1996-97 Proposed
Budget°
Bakersfield, California, June 26, 1996 - Page 12
12. NEW BUSINESS continued
ACTION TAKEN
bo 2.
Resolutions establishing the
Appropriation Limit; adopting the
city of Bakersfield Operating and
Capital Improvement Budgets; and
Central District Development
Agency Operating and Capital
Improvement Budgets.
city Manager Tandy provided background
information.
Motion by Rowles to adopt Resolutions
with amendments:
revise the CDBG expenditure for
Clinica Sierra Vista from $72,300
to $10,000;
· move the remaining $62,300 to
Martin Luther King improvements;
· revise General Fund expenditure
for National League of cities
from $8,100 to $0;
· revise General Fund Revenue for
TOT and Vehicle In Lieu Fees from
$150,000 to $200,000;
add expenditures of:
· $10,000 for sand for the
Kern River Parkway
volleyball courts;
· $20,000 for the Kern River
Picnic grounds to cut paths
for fire safety;
~ $100,000 for one additional
police officer; and
· $40, 000 for road
improvements.
RES 74-96
RES 75-96
RES 76-96
NAT
Friendly amendment byMcDermott to add
to the original motion: dedicate
assets acquired relating to the
Panorama burn site to the Facilities
Replacement Reserve.
WITHDRAWN
Salvaggio recommended the Kern River
Parkway Picnic area fire safety issue
be referred to the Community Services
Committee.
Bakersfield, California, June 26, 1996 - Page 13 ~ '~-
12. NEW BUSINESS continued
ACTION TAKEN
McDermott withdrew his friendly
amendment and asked that the
dedication of assets acquired relating
to the Panorama burn site placed into
the Facilities Replacement Reserve be
dealt with separately.
NAT
Motion by Rowles to call for the
question.
Smith recommended adopting the budget
and referring specific issues to
committee.
FAILED
NS DEMOND
CARSON
SMITH
MCDERMOTT
SULLIVAN
SALVAGGIO
Amended motion by McDermott to adopt
Resolutions with amendments:
revise General Fund expenditure
for National League of cities
from $8,100 to $0;
add expenditures of $100,000 for
one additional police officer;
· $10,000 for sand for the Kern
River Parkway volleyball courts;
$20,000 for the Kern River Picnic
grounds to cut paths for fire
safety;
· increase the contribution from
Gas Tax to $40,000 for roads; and
· take $22,000 out of Contingency
Fund; and
Refer the issue of the Kern River
Parkway Picnic area fire safety to the
Community Services Committee with
recommendations back in 30 days.
APPROVED
Motion by McDermott to approve the
dedication of assets acquired relating
to the Panorama burn site be placed
into the Facilities Replacement
Reserve.
APPROVED
ABS SMITH
Bakersfield, California, June 26, 1996 - Page 14
12. NEW BUSINESS continued
ACTION TAKEN
Agreement with Self-Help Enterprise
(SHE) for use of $238,650 of HOME
Investment Partnership Funds for the
acquisition of single-family
residential lots for construction of
single-family residences for HOME
Program qualified first-time home
buyers.
Motion by Salvaggio to approve
Agreement.
AGR 96-193
APPROVED
Amendment No. i to Hockey Lease
Agreement No. 95-110 with Sports-R-Us,
Inc. for ice hockey at the Convention
Center.
City Manager Tandy provided background
information.
Motion by McDermott to approve
Amendment to Agreement.
AGR 96-194
APPROVED
13 . COUNCIL STATEMENTS
McDermott directed staff draft a letter to
Castle & Cooke requesting they landscape
the median at the Haggin Oaks entranceway.
Smith requested clarification of time for
the Goal Setting Session on Saturday, June
29, 1996.
Salvaggio thanked Parks Department Tree
Supervisor II Joke for his assistance on
Maurice Street.
Salvaggio mentioned a letter written to
Marvin Steinart, Colony Street property
owner, asking for his cooperation regarding
trucks driving over the curbs, creating a
dust problem; and requested Officer Fagot
ticket the trucks that are parked there.
Bakersfield, California, June 26, 1996 - Page 15
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Salvaggio mentioned the widening of Panama
Lane in front of Nadeau, Betty and Lowry;
and requested staff check the legality of
demolishing Mrs. Henson's metal building
that is in the right of way.
Salvaggio commended staff for the repaving
at White Lane and Roma Street.
Rowles requested Public Works provide the
traffic count on Elm Street and report back
to Council.
Rowles commented on the budget; and the
$225,000 Revolving Parking Fund for the Fox
Theatre.
Rowles encouraged Council to take a look at
new ways to make the Kern River Parkway
more friendly to citizens: lawns, water
fountains, etc.
DeMond reiterated Rowles' concern of
traffic on Elm Street; and suggested staff
look at how the problems in the whole area
can be examined for resolution.
Mayor clarified the City Manager's comment
regarding annexation of Old Stockdale.
14.
ADJOURNMENT
Motion by DeMond to adjourn at 10:55 p.m. APPROVED
MA~/~OB PRICE of the City of Bakersfield,
ATTEST:
CITY CLERK and EX~pFFICIO C.LERK of
the Council of the City ~f Bakersfield, CA
JUN26.A 7/11/96 2: 44pm
CA