HomeMy WebLinkAbout01/25/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 25, 1995
WORKSHOP - 5:15 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
Carson, DeMond, Smith,
McDermott, Rowles, Salvaggio
None
INTERIM COUNCILMEMBER WARD 6 INTERVIEWS.
Correspondence was received from Curtis
Lawless, dated January 24, 1995, withdrawing
his application for Interim Councilmember
6th Ward.
Applicants Galen B. Chow and John Tarjan
provided three minute statements and parti-
cipated in a question/answer discussion.
Motion by McDermott to recess to Closed
Session at 5:30 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel (Potential
Litigation) Initiation of litigation pur-
suant to Government Code Section 54956.9.
One potential case.
Closed Session pursuant to Government Code
Section 54956.8. Conference with Real Prop-
erty Agent concerning the Bike Path property
on Manor Street. Negotiating parties: Don
Anderson, Real Property Agent for the city
of Bakersfield, Mr. Jim Wattenbarger and Ms.
Julie Carter. Under negotiation: Price and
terms of payment.
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Pinheiro vs. city of Bakersfield,
et al., Kern County Superior Court Case No.
225726-AEW.
NAT
PURCHASE OF
PROPERTY WAS
REAUTHORIZED;
STAFF TOPLACE
ITEM ONAGENDA
COUNCIL WAS
BRIEFED
Bakersfield, California, January 25, 1995 - Page 2
CLOSED SESSION continued
ACTION TAKEN
Closed Session pursuant to Government Code
Section 54956.9(a) regarding lltigation in
the case of Bruce rs. city of Bakersfield,
Bakersfield Municipal Court Case No. 110537.
STAFF WAS
AUTHORIZEDTO
RFJECI'S~uu~E-
MENT
Motion by Carson to adjourn from Closed
Session at 6:10 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Jim LaMar, Lay Leader, First Assembly of God Church.
2. PLEDGE OF .ali FGIANCE
3. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
Carson, DeMond, Smith,
McDermott, Rowles, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1.
5e
PRESENTATIONS
ae
Mayor Price presented a proclamation
to Reverend Lartigue, Ann Everly and
Wendy Garrison, proclaiming February
1995 as "Black History Month".
Mayor Price announced Patricia Smith
was sworn in tonight as a member of
the Central Valley Regional Water
Quality Control Board.
City Manager Tandy introduced new
staff member Kevin Barnes, Solid Waste
Manager.
City Attorney Skousen introduced new
staff member Carl Hernandez, Deputy
City Attorney.
Bakersfield, California, January 25, 1995 - Page 3
6. PUBUC STATEMENTS
ACTION TAKEN
ae
Ken Mettler spoke regarding problems
with assessment districts.
DeMond requested that material received
by Council be provided to staff.
Salvaggio referred this issue to Budget
and Finance Committee.
e
Ronald Hopping spoke regarding the
Kern River Freeway Alignment.
Virgie witte spoke regarding Building
Code enforcement.
(Public Statements continued on Page 12)
APPOINTMENTS
Appointment and Oath of Office for
Interim Ward 6 Councilmember.
Ballot Votes:
Ward 1 - Chow
Ward 2 - Chow
Ward 3 - Chow
Ward 4 - Chow
Ward 5 - Chow
Ward 6 - Vacant position
Ward 7 - Tarjan
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes was Galen B. Chow.
Motion by McDermott to appoint Galen
Chow as Interim Ward 6 Councilmember.
APPROVED
Assistant City Clerk McCarthy adminis-
tered the Oath of Office to Galen Chow,
who was seated on the Council at 7:30
p.m.
Mayor Price announced a 5-minute recess
at 7:25 p.m. and reconvened the meeting
at 7:30.
Bakersfield,
California,
January 25, 1995
- Page 4
7. A~POINT~MT$ continued
~CTION TAKEN
One (1) appointment to the Community
Advisory Council due to the expiration
of term of Tony Ortega, term expired
December 31, 1994.
First Ballot Votes ranked by preference:
Ward 1 - Jackson
Ward 2 - Jackson
Ward 3 - Jackson
Ward 4 - Jackson
Ward 5 - Jackson, Witte, Cadena
Ward 6 - Witte, Jackson, Cadena
Ward 7 - Jackson
Assistant City Clerk McCarthy announced
the individuals receiving the highest
number of votes were Vernell Jackson
and Kenneth Witte.
Second Ballot Votes:
Ward 1 - Jackson
Ward 2 - Jackson
Ward 3 - Jackson
Ward 4 - Jackson
Ward 5 - Jackson
Ward 6 - Jackson
Ward 7 - Jackson
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes was Vernell Jackson.
Motion by Carson to appoint Vernell
Jackson, term to expire December 31,
1995.
APPROVED
CONSENTCALENDAR
ao
Voucher Nos. 5506 to 5808 inclusive,
in the amount of $1,826,800.27.
Minutes of the Workshop, Closed Session
and Regular Meeting of January 11, 1995.
Plans and Specifications for traffic
signal and median island modifications
on Truxtun Avenue at Mohawk Street.
(Ward 5)
Bakersfield, California, January 25, 1995 - Page 5
8. CONSENT CALENDA~ continued
ACTION TAKEN
fe
ge
he
Plans and Specifications for:
Traffic signal and lighting system
on Gosford Road at North Laurelglen
Boulevard. (Ward 4)
2 ·
Traffic signal on F Street at Trux-
tun Avenue. (Ward 2)
Resolution of Intention No. 1133 declar-
ing the City's intention to establish
Maintenance District No. 2-15 (Interim),
Stockdale and Coffee/Gosford, prelimin-
arily adopting, confirming and approving
Public Works Director's Report, the
boundaries of the proposed district, the
fairness of the benefit formula, the
amount of assessment levied against each
parcel and setting February 8, 1995 and
March 22, 1995 for hearing protests on
the proposed Maintenance District.
(Ward 4)
Resolution approving application for an
Urban Streams Restoration Grant for tree
planting along the Kern River in con-
junction with Calloway Bridge.
Resolution approving the destruction of
certain obsolete City records, docu-
ments, instruments, books and papers,
pursuant to Section 34090 et. seq. of
the Government Code of the State of
California - Finance Department.
Amendments to Fiscal Year 1994/95 Oper-
ating, Capital Improvement Program,
Community Development Block Grant and
Central District Development Agency
Budgets for the period July 1, 1994
through December 31, 1994:
Resolution amending Resolution No.
106-94 for Operating and Capital
Improvement Program Budgets; and
Resolution No. 108-94 for Operat-
ing and Capital Improvement Pro-
gram Budgets for the use of Commun-
ity Development Block Grant Funds.
RES 7-95
RES 8-95
RES 9-95
Bakersfield,
California,
January 25,
1995 - Page 6
8. CONSENT CAleNDAR continued
ACTION TAKEN
no
Resolution amending Resolution No.
107-94 for Operating and Capital
Improvement Program Budgets for
the Central District Development
Agency.
Reorganizations, Position Reclassifi-
cations and Salary Adjustments:
Resolution amending Resolution Nos.
134-94 and 109-94, setting salaries
and related benefits for employees
of the Blue and White Collar, Gen-
eral Supervisory and Management
Units.
(Staff recommends referral to
Personnel Committee)
RES 10-95
Convention Center Heating, Ventilation
and Air Conditioning System (HVAC).
(Staff recommends referral to Budget
and Finance Committee)
Amendment No. 1 to Agreement No. 94-189
with Porter-Robertson Engineering &
Surveying for construction inspection
services for the Northeast Bakersfield
Sewer Trunk Line, Assessment District
No. 93-1. (Ward 3)
Amendment No. 1 to Agreement No. 94-190
with J.E. Grindstaff Jr., for construc-
tion inspection services for the North-
east Bakersfield Sewer Trunk Line,
Assessment District No. 93-1. (Ward 3)
Agreement with Society for Crippled
Children and Adults of Kern County for
rehabilitation assistance of their new
facility located at 1819 Brundage Lane.
(Ward 1)
Agreement with Destec Energy, Inc.
the City of Bakersfield to act as
Trustee. (Ward 3)
for
Agreement with Forrest Dickey and
Company for commercial parking space.
(Ward 2)
SMITH
ANNOUNCED
ABSTENTION
FOR CONFLICT;
AGR 95-21
SMITH
ANNOUNCED
ABSTENTION
FOR CONFLICT;
AGR 95-22
AGR 95-23
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-24
Bakersfield, California, January 25, 1995 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
De
Accept bid to award Contract to W.M.
Lyles Company ($138,63) for Construc-
tion of Truxtun Lake - Carrier Canal
Pipeline for the Water & Sanitation
Department. (Ward 4)
Accept bid to award Contract to Loop
Electric Company ($68,649.50) for
traffic signal on Ashe Road at District
Boulevard. (Wards 4 & 6)
re
Accept bid to award Contract to Loop
Electric ($57,860) for traffic signal
modification on Chester Avenue at 4th
Street. (Ward 1)
Se
Accept bid to award Contract to Loop
Electric ($105,640) for vehicle loop
cutting at various intersections within
the City.
Accept bid to award Annual Contract to
George Cain Jr. Construction ($15,500)
to furnish and install trespass barriers
for dangerous buildings within the City
limits.
Ue
Accept bid to award Annual Contract to
Sunrise Transport ($130,305) for demo-
lition of substandard buildings.
Appropriate $128,946 to the Public Works
Capital Budget within the Transportation
Act (TDA) Funds for bike path acquisition/
construction from Manor to Fairfax.
Motion by DeMond to adopt Items (a) through
(v) of the Consent Calendar with the excep-
tion of Items n., u. and v; Smith abstaining
on Items 8.k. and 8.1. due to property owner-
ship nearby.
CON 95-25
CON 95-26
CON 95-27
CON 95-28
CON 95-29
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
n. Agreement with Destec Energy, Inc. for
the City of Bakersfield to act as
Trustee. (Ward 3)
Motion by Smith to continue Item n. of
the Consent Calendar to the Council
meeting of February 8, 1995.
APPROVED
Bakersfield, California, January 25, 1995 - Page 8
8. CONS~]gTCAL~NDA~ continued
ACTION TAKEN
Accept bid to award Annual Contract to
Sunrise Transport ($130,305) for demo-
lition of substandard buildings.
Motion by McDermott to reject all bids
and staff to negotiate a contract for
services no greater than $131,080 and
bring back to Council.
APPROVED
Appropriate $128,946 to the Public Works
Capital Budget within the Transportation
Act (TDA) Funds for bike path acquisition/
construction from Manor to Fairfax.
Motion by DeMond to approve Item v. of
the Consent Calendar.
APPROVED
NS ROWLES
HEARINGS
Amendment to Condition No. 7 of Condi-
tional Use Permit No. 5216 for Mesa
Marin Raceway to allow a 6 foot high
chain-llnk fence, with landscaping, in
lieu of an 8 foot high chain-link fence
with redwood slats. In addition, a
metal building for storage is proposed
to further assist in screening of equip-
ment and improving the overall visual
condition of the site. {Ward 3)
Correspondence was received from James
L. Nickel, Bravo Management Company,
Inc., dated January 17, 1995.
Hearing opened at 7:45 p.m.
Laura Hendricks spoke in opposition
to staff recommendation.
Marion Collins stated support of staff
recommendation.
Hearing closed at 7:48 p.m.
Motion by Smith'to adopt Resolution
approving the amendment and finding
Mesa Marin to be in good faith compli-
ance with its Conditional Use Permit.
RES 11-95
APPROVED
Bakersfield, California, January 25, 1995 - Page 9
9. HEi~|NGS continued
ACTION TAKEN
Riverlakes Ranch/Unibell Development
Agreement No. 90-174 Annual Report
regarding the status of the Partial
Amendment of Development Agreement No.
86-54 (Rancho Laborde Development Agree-
ment). (Ward 4)
City Manager Tandy and City Attorney
Skousen provided background information.
Leonard Welsh, city Bankruptcy Counsel,
was recognized to speak.
Hearing opened at 8:04 p.m.
Stephen Dake, Attorney, Borton, Petrini
and Conron, representing Riverlakes
Ranch, spoke in opposition to staff
recommendation.
Hearing closed at 8:08 p.m.
Motion by McDermott to find the devel-
oper not in compliance with the Devel-
ment Agreement and direct staff to
initiate termination proceedings.
APPROVED
NS SMITH
Hearing as required by Resolution of
Intention No. 1131 to order the aband-
onment of a 50-foot portion of the
dedicated vehicular access rights along
White Lane at the northeast corner of
Parcel A of Parcel Map No. 8383 in the
City of Bakersfield. (Ward 4)
Hearing opened at 8:20 p.m.
No one spoke at hearing.
Hearing closed at 8:21 p.m.
Motion byMcDermott to adopt Resolution.
RES 12-95
APPROVED
do
Hearing as required by Resolution of
Intention No. 1132 to order the vaca-
tion of the unimproved portion of
Georgia Drive access easement along
the northwest side of Parcel A of Par-
cel Map No. 3861 in the city of Bakers-
field. (Ward 2)
RES 13-95
Bakersfield, California, January 25, 1995 - Page 10
9. HEARINGS continued
ACTION TAKEN
Hearing opened at 8:22 p.m.
No one spoke at hearing.
Hearing closed at 8:23 p.m.
Motion byDeMond to adopt Resolution.
APPROVED
10.
REPORTS
Community Services Committee Report No.
1-95 regarding Policy For Signs Within
the Kern River Parkway:
Resolution adopting policy for
signs located within the Kern River
Parkway.
Motion by Carson to accept Report and
adopt Resolution; and the typographi-
cal error on Page 5 of Exhibit A of
the Resolution be corrected.
RES 14-95
APPROVED
City Manager's Oral Report No. 5-95
regarding Purchase of Fire Pumper Trucks:
Accept bid to award Contract to
Quality Manufacturing, Inc.
($524,320.04) for purchase of 2
Fire Pumper Trucks.
Approve purchase of 2 additional
Fire Pumper Trucks which were
projected to be replaced in Fiscal
Year 1995-96; and appropriate
$524,320.04 from the Equipment
Fund Balance to the. Public Works
Operating Budget within the Equip-
ment Division.
Public Works Director Rojas and Fire
Chief Kelly provided background inform-
ation.
Mayor Price announced a correction
on Item 10.a.
Bakersfield, California, January 25, 1995 - Page 11
10. REPORTS continued
ACTION TAKEN
Motion by McDermott to accept low bid
from Quality Manufacturing, Inc., in
the amount of $524,320.04; authorize
the purchase two (2) additional Fire
Pumper Trucks and appropriate $524,320.04
from the Equipment Fund Balance to the
Public Works Operating Budget within the
Equipment Division.
APPROVED
11.
DEFERRED BUSINESS
a. Ordinance adding stine No. 10 Annexation
to Ward 6, located north of McKee Road,
east of Stine Road. (Ward 6)
Motion by Chow to adopt Ordinance.
ORD 3628
APPROVED
Resolution setting rates and equipment
specifications for tow truck services
provided, pursuant to Contract with the
City.
Motion by McDermott to adopt Resolution.
RES 15-95
APPROVED
12. NEW BUSINESS
ordinance adding Hageman No. 2 Annexa-
tion to Ward 4, located southwest of
Jewetta and Hageman Road. (Ward 4)
be
Ordinance adding Section 17.04.282 and
Chapter 17.25; and amending Chapter
17.26 and Subsection B.6. of Section
17.60.060 of the Bakersfield Municipal
Code pertaining to central business
district zoning.
Development Services Director Hardisty
provided background information.
FR
FR
Bakersfield, California, January 25, 1995 - Page 12
12. N~W BUSINESS continued
ACTION TAKEN
Assessment District No. 94-2 (Gosford/
White) (Ward 4):
Resolution determining assessments
unpaid, with paid and unpaid list
attached.
Resolution authorizing issuance of
bonds, with bond form attached.
RES 16-95
RES 17-95
PUBUC STATEUENTS continued
e. Randy Wheeler spoke in support of the
resolutions.
12. NEWBUSINESS continued
c. Motion by McDermott to adopt Resolutions.
APPROVED
Resolution authorizing the City Manager
to file an application for a Federal
Grant, C.O.P.S. AHEAD, Accelerated
Hiring, Education and Deployment Pro-
gram; and appropriate $100,620.00 grant
revenue and transfer $33,540.00 council
Contingency to the Police Department
Operating Budget within the General
Fund for six (6) police officers.
Police Chief Brummer provided back-
ground information.
Motion by Salvaggio to adopt Resolution
and approve appropriation and transfer.
RES 18-95
APPROVED
13 . COUNCIL STATEMENTS
Motion by McDermott to consider an item
that arose after the Agenda was posted and
requires action tonight regarding Funding
for a Valley-wide Rail Coalition.
APPROVED
Valley High-Speed Rail Coalition Funding.
McDermott recognized Roger Mcintosh, Chief
Financial Officer, Kern Transportation
Foundation, to speak.
Bakersfield, California, January 25, 1995 - Page 13
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Motion by McDermott to appropriate a $10,000
contribution from Council Contingency to the
Valley High-Speed Rail Coalition, funded
through the Kern Transportation Foundation.
APPROVED
ABS DEMOND
DeMond requested staff research a Modesto
ordinance placing parents in jail for the
weekend when their minor children are con-
victed of graffiti, vandalism, etc. and
report back to Council with a copy of the
ordinance.
smith referred to the Urban Development Com-
mittee correspondence from Philip L. Ryall,
Chairman, Kern Industry Coalition, dated
December 8, 1994, requesting the City adopt
a resolution promoting good neighbor rela-
tions (Neighboring Business Activity).
Carson thanked Mayor Price for the Black
History Month proclamation.
14. ADJOURNMENT
Motion by DeMond at 9:05 p.m.
APPROVED
MA~R 0f the Ci~ty of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JAN25.UIN
21 9/95 5:02pm