HomeMy WebLinkAbout01/10/1996 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 10, 1996
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL ACTION TAKEN
Present: Mayor Price, Councilmembers DeMond,
Carson, Smith (seated at 5:25),
McDermott, Rowles, (seated at
5:20), Sullivan (seated at 5:24),
Salvaggio
Absent: None
2. SPECIFIC TRAILS PLAN.
Development Services Director Hardisty
introduced Planning Director Grady who
provided an in-depth review of the Specific
Trails Plan and the documents before Council
this evening.
CLOSED SESSION
Motion by DeMond to add a Closed Session item
regarding significant exposure that arose
after the Agenda was posted and requires
discussion this evening.
Motion by DeMond to recess to Closed Session
at 5:35 p.m.
1. Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). Two potential cases.
2. Conference with Legal Counsel - Existing
Litigation. Closed session pursuant to
Government Code Section 54956.9(a) in the
case of Southwest Community Action Committee
and Jill Kleiss vs. City of Bakersfield, et
al. (Marketplace), Kern Superior Court Case
No. 229401-NFT.
APPROVED
APPROVED
UPDATE RECEIVED
CITY ATTORNEY
RECEIVED
DIRECTION
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Bakersfield, California, January 10, 1996 - Page 2
CLOSED SESSION continued ACTION TAKEN
3. Conference with City's Labor Negotiator, UPDATE RECEIVED
Assistant City Manager John W. Stinson,
pursuant to Government Code Section 54957.6;
Employee organization: Management and
General Supervisory Units.
Motion by DeMond to adjourn Closed Session at APPROVED
6:20 p.m.
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
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4.
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INVOCATION by Chaplain Mike Castle, First Assembly of God Church.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Pages 1 and 2.
PRESENTATIONS
PUBLIC STATEMENTS
a. Carl Nicita, Chairman, Save Our Sign
Committee, spoke regarding the repair of
the Bakersfield sign over Union Avenue.
(Item ll.d.)
b. The following individuals spoke
regarding naming of Kern River Parkway
areas: J.R. Manuel, Native American
Heritage Preservation Council of Kern
County; and Alan Salazar, Past
President, Native American Heritage
Preservation Council of Kern County.
Salvaggio referred Mr. Manuel's
correspondence to staff and citizens,
Community Services Advisory Committee.
ACTION TAKEN
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Bakersfield, California, January 10, 1996 - Page 3
6. PUBLIC STATEMENTS continued
d. Jill Kleiss spoke regarding the
Marketplace issue.
e. Kari Gordon spoke regarding speed bumps
in the alley, from north of Westwold to
So. Laurelglen.
Sullivan assured Ms. Gordon it was in
committee and she would contact Ms.
Gordon personally.
(Public Statements continued on Page 11)
7. APPOINTMENTS
8. CONSENT CALENDAR
a. Payments from December 1 to December 29,
1995 in the amount of $10,396,788.73;
and Self Insurance payments from
December 1 to December 29, 1995 in the
amount of $240,523.79.
b. Minutes of the Workshop, Closed Session
and Regular Meeting of December 13,
1995.
C. Contract Change Order No. 1 to Contract
No. 95-227 with Griffith Company for the
Convention Center Parking Lot Project.
(Ward 2)
d. Resolution of Intention No. 1143
declaring the City's Intention to order
the vacation of the pedestrian walkways
(easements) connecting Julian Avenue and
San Ramon Court to Hughes Lane in Tract
2690. (Ward 7)
ACTION TAKEN
e. Resolution ordering the summary vacation RES 1-96
of that portion of public road right of
way for Jewett Avenue, south of the
Southern Pacific Railroad (abutting City
Block 551). (Ward 2)
f. Resolution amending the official list of RES 2-96
designated speed zones pursuant to
sections 22357 and 22358 of the
California vehicle Code and Chapter
10.24 of the Bakersfield municipal code.
(Wards 1, 2, 3 & 4)
Bakersfield, California, January 10, 1996 - Page 4
8. CONSENT CALENDAR continued
g. Resolution ordering judicial foreclosure
of delinquent assessments pursuant to
the Improvement Bond Act of 1915 and
ordering the tax collector be credited
with those assessments. (AD 91-1,
Hosking Trunk Sewer) (Wards 6 & 7)
h. Resolution establishing Maintenance
District No. 3-09 (Interim)
(Wible/McKee), confirming the assessment
and authorizing collection of
assessments by the Kern County Tax
Collector. (Ward 6)
i. Resolution establishing Maintenance
District No. 3-10 (Interim) (Colony
Park), confirming the assessment and
authorizing collection of assessments by
the Kern County Tax Collector. (Ward 7)
ACTION TAKEN
RES 3-96
RES 4-96
RES 5-96
j. Amendment to Resolution No. 109-94 RES 6-96
setting salaries and related benefits
for officers and employees of the
General Supervisory, Police Supervisory
and Management Units. (Police
Supervisory Sick Leave Conversion)
k. Final Map and Improvement Agreement with AGR 96-1
Floyd Hinesley for Tract 5476, Phase 2,
located on the north side of Hageman
Road, east of Riverlakes Drive. (Ward
4)
Agreements (2) with State of California AGR 96-2
Department of Transportation for AGR 96-3
repainting the Rancheria Road Bridge
(Ward 3) ; and resurfacing and signal
modifications to various streets.
(Wards 1, 2, 3, 4, 6 & 7)
M. Agreement between City of Bakersfield, AGR 96-4
County of Kern and Kern Economic
Development Corporation to share
responsibilities and/or costs of the Job
Training/Marketing/Management Program in
the Southeast Metropolitan Bakersfield
Incentive Area. (Wards 1 & 2)
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Bakersfield, California, January lo, 1996 - Page 5
8
CONSENT CALENDAR continued
ACTION TAKEN
n.
Agreement with Alliance Against Family
AGR 96-5
Violence for up to $92,265 in CDBG funds
for a portion of the acquisition costs
of a counseling and community outreach
facility at 1921 19th Street; and
appropriate $62,269 to the Community
Development Operating Budget within the
CDBG Fund. (Ward 1)
o.
Agreements (4) with First Trust of
AGR 96-6
California N.A. and U.S. Trust Company
AGR 96-7
of California N.A. for corporate trust
AGR 96-8
services regarding Bakersfield Memorial
AGR 96-9A
Hospital Revenue Bonds.
AGR 96-9B
p.
Consultant's Agreement with Ronald F.
AGR 96-10
Ruettgers, Civil Engineer, for civil and
structural engineering services for
bridge widening on Rosedale Highway at
Friant Kern Canal; and appropriate
$30,000 fund balance to the Capital
Improvement Budget within the Road
Bridge Bond Fund. (Ward 4)
q.
Amendments (4) No. 1 to Agreement Nos.
AGR 96-11
95-212 with DeWalt Corporation
AGR 96-12
($25,000), 95-213 with Helt Engineering,
AGR 96-13
Inc. ($25,000), 95-214 with Martin-
AGR 96-14
McIntosh ($25,000) and 95-215 with
Porter-Robertson Engineering and
Surveying Services ($25,000) for
additional on Call Civil Engineering and
Surveying services.
r.
Amendment No. 3 to Agreement No. 95-256
AGR 96-15
with Robert Verlaan Associates for
printing the Draft EIR and response to
comments to the Final EIR. (Ward 4)
S.
Accept bid to award Annual Contract to
CON 96-16
A-1 Battery Company ($21,720.26) for
automotive batteries.
t. Accept bid from Franksons, Inc.
($542,685) for replacement of 2 sewer
cleaner trucks and 2 combination drain
cleaners. (Equipment Management Fund)
U. Accept bid from Quinn Company
($407,117.78) for a D8R Crawler Tractor
with Bulldozer to replace a D6 Tractor
Dozer. (Equipment Management Fund)
C}
Bakersfield, California, January 10, 1996 - Page 6
8. CONSENT CALENDAR continued
v. Appropriate $7,000 fund balance to the
Economic Development Operating Budget in
the Airport Fund for marketing the
Bakersfield Municipal Airport.
W. Appropriate $36,000 Gas Tax Fund balance
to the Capital Improvement Budget within
the Gas Tax Fund for resurfacing various
streets. (Wards 1, 2, 3, 5, 6 & 7)
ACTION TAKEN
Motion by Salvaggio to adopt Items (a) APPROVED
through (w) of the Consent Calendar.
9. HEARINGS
a. Resolution regarding assessments of RES 7-96
certain properties for which dangerous
buildings have been demolished. (Ward
1: 1 property; Ward 2: 1 property)
Development Services Director Hardisty
provided background information.
Hearing opened at 7:25 p.m.
No one spoke at hearing.
Hearing closed at 7:25 p.m.
Motion by DeMond to adopt Resolution. APPROVED
b. Resolution regarding assessments of RES 8-96
certain properties for which dangerous
buildings have been demolished. (Ward
1: 1 property)
Hearing opened at 7:28 p.m.
Dr. Sunil Lahari spoke in opposition to
staff recommendation regarding 36, 44
and 52 Planz Road; and provided written
material.
Hearing closed at 7:30 p.m.
Motion by Carson to adopt Resolution. APPROVED
Bakersfield, California, January 10, 1996 - Page 7
HEARINGS continued
ACTION TAKEN
Appeal by Gregory D. Bynum and RES 9-96
Associates Inc. to the decision of the
Board of Zoning Adjustment denying
Conditional Use Permit No. P95-0017 to
allow a community corrections facility
and booking facility in an M-2 zone
district located at 650 South Oswell
Street. (ward 1)
Correspondence was received from Durwood
Sigrest and Gary White, Owners,
Alternative Programs, Inc., dated
January 10, 1996, submitting letters and
petitions with 430 signatures in support
of this project.
Rowles announced abstention due to a
possible financial advantage for
employer.
Development Services Director Hardisty
provided background information.
Hearing opened at 7:50 p.m.
The following individuals spoke in
opposition to the corrections facility:
Betty Sadler, and submitted petitions;
Tom Apostolides; Michelle Wheeler; Jon
Waters, Concerned Citizens Coalition;
Mary Shell, Kern County Supervisor,
representing County residents' concerns;
Dana Arline, Lee Vasquez; George Blek,
Fairfax School District Superintendent;
and Tim Mena.
The following individuals spoke in
support of the corrections facility:
Greg Bynum, Bynum and Associates; and
Pastor Oscar Anthony, St. Peters Baptist
Church.
The following individuals spoke in
rebuttal (opposition):
Luis Calderon, Oasis Christian
Fellowship; Tom Apostolides; Mary Leal;
and Norma Beattle.
The following individuals spoke in
rebuttal (support):
Dave Urner; and Raylene Daughtery, Mesa
Verde Employee.
Bakersfield, California, January 10, 1996 - Page 8
9. HEARINGS continued ACTION TAKEN
C. Hearing closed at 8:27 p.m.
Motion by Carson to adopt Resolution APPROVED
overturning the decision of the Board of ABS ROWLES
Zoning Adjustment, with amendments to
the Conditions of Approval:
Amend Part II:
■ 5. a masonry wall not less than
twelve feet in height."
Add to Part II:
■ 6. Visiting hours shall only be
permitted between 8:00 a.m. and 6:00
p.m. per Department Operating Manual
Section 54020.
■ 7. Prisoners shall not be released
without confirmed transportation from
this site to other points of public
transportation, family residence or
parole office.
■ 8. A Community advisory council
consisting of representatives of the
community, California Department of
Corrections, law enforcement and this
facility shall be constituted per State
recommendations to review assignment of
Level III prisoners.
■ 9. An emergency backup generator shall
be installed with construction of the
prison and maintained in good operating
condition at all times.
■ 10. Mutual Aide Agreements with local
law enforcement agencies shall be
adopted prior to accepting any
prisoners.
Add to Part III:
■ A.1. Parking lot lighting and all
other exterior lighting shall be
provided pursuant to Section 17.58.060
A. of the Bakersfield Municipal Code.
Lights shall be designed, arranged and
shielded to reflect away from adjacent
residential properties and streets with
illumination evenly distributed across
the developed portion of the site. All
pole-mounted light fixtures shall be
located between 15 feet and 40 feet
above grade. Lighting direction and
light fixtures shall be shown on the
final site plan.
Mayor announced a 5-minutes recess at 8:37
p.m. and reconvened the meeting at 8:42 p.m.
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Bakersfield, California, January lo, 1996 - Page 9
HEARINGS continued ACTION TAKEN
d. Hearing to consider public testimony on
the following items related to the
Specific Trails Plan:
1. Resolution making findings, RES 10-96
approving Negative Declaration and
adopting Segment I of the
Circulation Element Amendment 3-95
of the Metropolitan Bakersfield
2010 General Plan amending the
Bikeways Master Plan Map to reflect
the bikeways as shown in the STP
for Phase 1 area. (Ward 3)
Resolution making findings, RES 11-96
approving Negative Declaration and
adopting Segment I of the Kern
River Plan Element Amendment 2-95
of the Metropolitan Bakersfield
2010 General Plan identifying
parking area with trail connection
to the Kern River as shown in the
STP for Phase I areas. (Ward 3)
3. Resolution making findings,
approving Negative Declaration and
adopting the Specific Trails Plan.
Resolution making findings,
approving Negative Declaration and
adopting the capital Improvement
Plan for the Specific Trails Plan.
(Ward 3)
Ordinance amending Title 12 of the
Bakersfield Municipal Code by
adding Chapter 12.64 relating to
acquisition and improvement of
trails and support facilities.
Resolution approving and adopting
fee for the improvement of trails
related to Phase I of the Specific
Trails Plan. (Ward 3)
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Bakersfield, California, January 10, 1996 - Page 10
HEARINGS continued
d. Correspondence was received from Rio
Bravo Riding Club members and Rio Bravo
Country Club residents in opposition to
additional parking lots in the area and
the development of the Specific Trails
Plan; Carolyn Belli, President, Kern
Equestrians for the Preservation of
Trails, dated January 8, 1996, and
Thomas R. O'Connor, in support of the
Specific Trails Plan; Dennis Fox, dated
January 5, 1996, stating concerns;
Curtis J. Mellegni, Vice President,
Wells Fargo Bank, dated January 4, 1996,
requesting a continuance; and Barbara
Don Carlos-Martin, Executive Vice
President, Building Industry Association
of Kern County, in opposition to the
proposed funding plan and requesting
specific action.
Development Services Director Hardisty
and Planning Director Grady provided
background information.
Hearing opened at 8:55 p.m.
The following individuals spoke in
opposition to staff recommendation:
Randy Bergquist, Porter-Robertson
Engineering and read a letter from Wells
Fargo Bank to the Planning Department;
Susan Icardo, Rio Bravo Riding Club
member; and Barbara Don Carlos-Martin,
Executive Vice-President, Building
Industry Association of Kern County.
The following individuals spoke in
support of staff recommendation:
Carolyn Belli; Dennis Fox; John Hustead;
and Ed Routh.
Warren Pechin spoke in rebuttal
(opposition).
The following individuals spoke in
rebuttal (support):
Stan Shires; Rich O'Neil, Kern Wheelman
and Kern River Bike Path Committee; Tom
Fallgatter, Kern River Access Committee;
Carolyn Belli, President, Kern
Equestrians for Preservation of Trails;
and Bill Cooper, Kern Wheelman and Kern
River Bike Path Committee.
ACTION TAKEN
Bakersfield, California, January 10, 1996 - Page 11 I L
9. HEARINGS continued
d. Hearing closed at 9:45 p.m.
Smith recognized Curtis J. Mellegni,
Vice President, Wells Fargo Bank, to
speak.
Motion by Smith to adopt Items 1., 2.
and 3. and refer Items 4., 5. and 6. to
Urban Development Committee.
Motion by Smith to adopt Items 1.
through 5. and refer item 6. and all
funding mechanisms to Urban Development
Committee for review and come back with
a recommendation.
Amended motion by Smith to adopt items
1. and 2. and refer Items 3., 4., 5. and
6. to Urban Development Committee to
come back with recommendations.
10. REPORTS
a. Personnel Committee Report No. 1-96
regarding Retiree Medical Insurance.
6. PUBLIC STATEMENTS continued
f. The following individuals spoke
regarding retiree medical insurance:
Margaret Ursin who requested
equitability to all retirees and a
retiree representative be formalized;
and Mike Lee, Insurance Committee
member.
ACTION TAKEN
NAT
WITHDRAWN
APPROVED
DeMond requested Ms. Ursin's request be
considered and implemented.
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Bakersfield, California, January lo, 1996 - Page 12
10. REPORTS continued ACTION TAKEN
a. Assistant City Manager Stinson provided
background information and slide
presentation.
Rowles requested staff report on the
reallocation between active members and
retirees and how the costs will shift.
Motion by Sullivan to accept Report APPROVED
including Attachment A; and implement NS MCDERMOTT
recommendations.
11. DEFERRED BUSINESS
a. Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 101-36 and 102-31 by changing
the zoning of 229 acres located west of
Calloway Drive, east of the Goose Lake
Slough/Rio Bravo Canal between the
Specific Plan Line for the Kern River
Freeway and the Cross Valley Canal from
Planned Unit Development to Planned Unit
Development. (ZC 5666) (Ward 4)
(First Reading 12/13/95)
b. Ordinance amending Title 17 of the ORD 3697
Bakersfield Municipal Code and Zoning
Map No. 103-28 by changing the zoning of
4.4 acres located southeast of
Washington Street and Edison Highway
from County Medium Industrial to City of
Bakersfield General Manufacturing.
(Prezoning 5656) (Ward 1) (First
Reading 12/13/95)
C. Ordinance amending Chapter 2.60 of the ORD 3698
Bakersfield Municipal Code relating to
Citizens' Community Services Advisory
Committee. (First Reading to amended
ordinance 12/13/95)
Motion by McDermott to schedule Item a. APPROVED
of Deferred Business for hearing on
February 7, 1996; and adopt Items b. and
c.
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Bakersfield, California, January 10, 1996 - Page 13
11. DEFERRED BUSINESS continued ACTION TAKEN
d. Bakersfield Pedestrian Overcrossing at
Union Avenue. (wards 1 6 2)
Motion by McDermott to obtain 25% of the APPROVED
engineering study amount (cost not to
exceed $10,000) in private funds and
donate 25% out of Council Contingency to
match CalTrans, 50% contribution to the
engineering study.
12. NEW BUSINESS
a. Ordinance amending Title 17 of the FR
Bakersfield Municipal Code and Zoning
Map No. 102-16 by changing the zoning of
18 acres located at the southwest corner
of olive Drive and Fruitvale Avenue,
from County Estate (1/4) to City Estate.
(ZC P95-0002, Olive Drive No. 2
Annexation) Ward 4)
b. Ordinances amending Chapters 3.30, 3.40 FR
and 5.02 of the Bakersfield Municipal
Code to rectify procedural omission:
1. Ordinance adding Sections 3.30.040, FR
3.30.050 and 3.30.060 to the
Bakersfield Municipal Code relating
to Procedure and Statute of
Limitations.
2. Ordinance adding Sections 3.40.031, FR
3.40.032 and 3.40.033 to the
Bakersfield Municipal Code relating
to Procedure and Statute of
Limitations.
3. Ordinance adding Sections 5.02.071 FR
and 5.02.072 to the Bakersfield
Municipal Code relating to
Procedure and Statute of
Limitations.
City Attorney Skousen provided back-
ground information.
i
t `_t
Bakersfield, California, January 1o, 1996 - Page 14
12. NEW BUSINESS continued
c. Resolution approving Memorandum of
Understanding for employees of the Blue
and White Collar Units and adopting
salary schedule and related benefits.
Motion by Salvaggio to adopt Resolution.
d. Convention Center Asbestos Abatement and
monitoring:
1. Resolution determining that
abatement of asbestos for the
structural modifications to the
roof truss at the Convention Center
cannot be reasonably obtained
through the usual bidding
procedures and authorizing the
Finance Director to dispense with
bidding.
2. Agreement with Dresser Services,
Inc. for asbestos and chromium
contamination abatement to
Convention Center ($92,380). (Ward
2)
3. Agreement with Akri Corporation for
asbestos monitoring services
($25,744.40). (Ward 2)
Public Works Director Rojas provided back-
ground information.
Motion by DeMond to adopt Resolution, approve
Agreement 2. and delete Item 3.
13. COUNCIL STATEMENTS
McDermott referred to a report on widening
Brimhall Road that he had requested; and
requested staff move forward and approach the
property owner for consent.
ACTION TAKEN
RES 12-96
APPROVED
NS MCDERMOTT
ROWLES
SULLIVAN
RES 13-96
AGR 96-17
DELETED
APPROVED
Bakersfield, California, January 10, 1996 - Page 15
13. COUNCIL STATEMENTS continued
Salvaggio referred to Urban Development
Committee correspondence from Robert and Jeri
Press regarding the speed bump program and
speeding problems on Chester W. Nimitz
Street; and bring back recommendation; and
requested staff invite Mr. and Mrs. Press to
be present at Urban Development Committee
meetings.
Salvaggio referred to city Attorney
correspondence to Mike Collier, dated August
4, 1995, from Carol Hernandez regarding
citizen complaints on railroad cars and
tracks adjacent to residential areas.
Salvaggio informed Mayor and Council that
KernCog, at their last meeting, unanimously
voted to support the Mayor's efforts to
retain the Bakersfield Intermodal Transfer
Facility.
Salvaggio referenced a memo to Darnell Hayes
from Steve Walker, dated December 14, 1995 on
the 1995-96 CIP Status and stated his
appreciation for progress on a new traffic
signal at monitor and Pacheco Road.
(Due to mechanical failure, the remainder of
the meeting was not recorded)
Smith referred to Urban Development Committee
the $500,000 Destec donation to bring back
with recommendation.
Smith inquired about her previous referrals
regarding stop signs at Meadow Vista &
Panorama Drive and Fairfax Road & Highland
Knolls.
Smith suggested the greenwaste bins be used
for other refuse on non-greenwaste days.
ACTION TAKEN
t~
Smith mentioned the overflow of trash on
high-demand days, such as holidays; and
requested larger bins be distributed.
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Bakersfield, California, January 10, 1996 - Page 16
13. COUNCIL STATEMENTS continued
Smith indicated the need for new approaches
to the issue of old landfills not yet closed;
and the need to get the EIR prepared for
Sacramento.
Mayor Price encouraged attendance at the Kern
Cities meeting here on January 25, 1996.
DeMond mentioned recycling is a process of
learning new habits.
DeMond referred correspondence from
Bakersfield High School regarding bingo to
the Budget and Finance Committee.
14. ADJOURNMENT
ACTION TAKEN
Motion by DeMond to adjourn at 11:35 p.m. APPROVED
h~ vY i
Z-Z
M;Y of the City of Bakersfield, CA
ZR
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JANI 0. MIN
1123/96 8:102M