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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