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HomeMy WebLinkAbout06/28/1995 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 28, 1995 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAK]~N Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith (seated 5:22) McDermott, Rowles (seated 5:45) Salvaggio Councilmember Chow BOOKING FEE ALTERNATIVES. Police Chief Brummer provided an update and introduced Sergeant Smith who provided a overhead slide presentation of the Booking Facility. Motion by DeMond to recess to Closed Session at 5:55 p.m. APPROVED AB CHOW CLOSED SESSION Conference with Labor Negotiator pursuant to Government Code Section 54957.6. City's Negotiator: Mr. Bill Avery. Employee Organization: Police Unit. Conference with Legal Counsel - Potential Litigation. Significant exposure to liti- gation pursuant to Government Code Section 54956.9 (b). One potential case. Motion by DeMond to adjourn from Closed Session at 6:35 p.m. CITYATTORNEY RECEIVED INSTRUCTIO~ ON CLOSED SESSIONS APPROVED AB CHOW REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Chef Ami Pannell, Lay Leader, First Assembly of God Church. 2. PLEDGE OF .~ ~ I=GIANCE Bakersfield, California, June 28, 1995 - Page 2 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Salvaggio Councilmember Chow CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. 5. PRESENTATIONS PUBUC STATEMENTS Correspondence was received from Bakers- field Museum of Art; Bakersfield Commun- ity House; Junior League of Bakersfield, Inc.; and Blue Ribbon Circle, with con- cerns regarding Central Park. The following individuals spoke regard- ing Central Park: George Granger; Meg Clay; Jim Combs; and Virginia Kirschenman; Sherry L. Dillard, read letter from David Martin; Kimala Medina~ Central Park Ministries. DeMond requested staff continue to work with the people. Salvaggio requested staff meet with Mike Chapman, Kern County Chief Environmental Health Specialist, and continue to moni- tor this and come back with some concrete solutions. Smith requested the Inter-Governmental Relations Committee get involved and work to resolve this issue. McDermott requested staff review the Homeless Center Ordinance and provide Council with more information as part of the discussion in the Committee. 7. APPOINTMENTS Bakersfield, California, June 28, 1995 - Page 3 8. CONSENT CALENDAR ACTION TAKE~[ so Payments from June 1 to June 15, 1995, in the amount of $2,882,687.20; and Self Insurance payments from June 1 to June 15, 1995, in the amount of $80,545.18. Minutes of the Workshop, Closed Session and Regular Meeting of June 14, 1995. Declare real property, located south of Bernard Street and east of Mount Vernon Avenue, as surplus. (Ward 3) Resolution of Intention No. 1137 declar- ing the City's intention to order the vacation of the 33 foot wide alley (17th Place) in Block 275, from H Street to Eye Street. (Ward 2) Resolution declaring the results of the Special Municipal Election for the election of a Councilmember to the City Council in the Sixth Ward, held in the City of Bakersfield on the 6th day of June 1995. Resolution granting the Bakersfield Police Department the authority to participate in the California 1122 Federal Procurement Program. Resolution determining that certain equipment can only be reasonably obtained from one vendor, Zamboni, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $75,000. (one replacement Zam- boni ice resurfacing machine for the Convention Center) (Ward 2) Resolution establishing Maintenance District No. 1-10 (Interim), confirming the assessment and authorizing collec- tion of assessments by the Kern County Tax Collector (Renfro/Texas Rose). (Ward 4) Resolution determining unpaid assess- ments and providing for issuance of bonds for Assessment District No. 94-1 (Renfro/Hughes). (Wards 4 & 7) RES 104-95 RES 105-95 RES 106-95 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, June 28, 1995 - Page 4 8. CONSENTCALENDAR continued ACTION TAKES[ Do Resolution adopting Drainage Plan for Akers/McKee Planned Drainage Area and making findings relative thereto. (Ward 6) Amendments to Fiscal Year 1994-95 Operating, Capital Improvement Program and Community Development Block Grant Budgets for the period of January 1, 1995 through June 30, 1995: Resolution amending Resolution Nos. 106-94 and 108-94 (Amendment No. 2), approving and adopting the Operating, Capital Improvement Program and Community Development Block Grant Budgets for the city of Bakersfield, California, for Fiscal Year 1994-95. Amendment No. 2 to Consultant Agreement No. 94-207 with Cornerstone Engineering, Inc. for surveying and engineering ser- vices for design of expansion of Green Waste Recycling Center, East Planz Road at South Mt. Vernon Avenue. (Ward 1) Agreement with State of California, Department of Transportation, Program Supplement No. 019, for installation of traffic signal on Buena Vista Road at Stockdale Highway. (Ward 4) Agreement with County of Kern for the collection of special assessments on the County tax rolls. Agreement with Kern County Economic Opportunity Corporation (KCEOC) for the acquisition and rehabilitation of single family housing for sale to low income first-time home buyers. Acquisition Agreement with Thornton Frank Gandola and Marilyn Ilene Gandola for fee property at the southwest quad- rant of Brimhall Road and Calloway Drive. (Ward 4) Accept bid to award Annual Contract to Oak Street Car Wash ($22,608) for wash- ing City vehicles. RES 107-95 RES 108-95 AGR 95-169 AGR 95-168 REMOVED FOR SEPARATE CONSIDERATION AGR 95-170 AGR 95-171 DEED 4208 CON 95-172 Bakersfield, California, June 28, 1995 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN So Accept bid to award Contract to C & L Coatings, Inc. ($73,111) to repair and recoat the Bakersfield Convention Center Floor and to install an expansion gasket around the ice floor. (Ward 2) Accept bid to award Contract to Taft Electric Company ($166,256.32) for sig- nal interconnect on Ming Avenue from Gosford Road to New Stine Road; and Stockdale Highway from Montclair Street to Real Road. (Wards 4, 5 & 6) Accept bid to award Contract to Granite Construction Company ($118,811) for Chester Avenue Underpass Bridges Seismic Retrofit; and appropriate $118,811 State Grant Revenue to the Public Works Capital Improvement Budget within the Intermodal Surface Transportation Efficiency Act (ISTEA) Fund. (Ward 2) Accept bid to award Contract to Griffith Company ($221,750) for the construction of Oleander/Sunset Area curb and gutter. (Wards 1 & 2) Accept bid to award Contract to Griffith Company ($348,945) for street improve- ments at various locations: Calloway Drive - south of Meacham Drive; Stock- dale Highway - Jenkins Road to Allen Road; Hageman Road - Old Farm Road to Jewetta Road; and appropriate $64,905 from the Sewer Enterprise Fund balance to the Public Works Capital Improvement Budget within the Sewer Enterprise Fund. (Ward 4) Accept bid to award Contract to Griffith Company ($439,945) for lift station mod- ifications at various locations: Monitor Street Lift Station and Fairfax Road Lift Station; and appropriate $295,945 from the Sewer Enterprise Fund balance to the Public Works Capital Improvement Budget within the Sewer Enterprise Fund. (Wards 3 & 7) Accept bid from Cubic Container Mfg. ($70,195.13) for roll-off containers for Sanitation Department. CON 95-173 CON 95-174 CON 95-175 CON 95-176 CON 95-177 CON 95-178 Bakersfield, California, June 28, 1995 - Page 6 8. CONSE~CA~NDAR continued ACTION TAKEN aa. bb. Accept bid from Fuller Ford ($118,397.57) for two stencil trucks for Public Works Department. Accept bid from L.N. Curtis & Sons ($33,579.87) for equipment for two fire pumpers. Authorization to publish Notice to Public for Amendment No. 1 to FY 1995-96 Action Plan of the Consoli- dated Plan 2000. Revised Job Specifications for Fire- fighter, Building Inspector I, Building Inspector II, Building Inspector II - Generalist, Building Inspector III Electrical Specialist and Building Inspector III- Plumbing and Mechanical. Motion by DeMond to adopt Items (a) through (bb) of the Consent Calendar, with the exception of Items h., i. and n. APPROVED AB CHOW Resolution establishing Maintenance District No. 1-10 (Interim), confirming the assessment and authorizing collec- tion of assessments by the Kern County Tax Collector (Renfro/Texas Rose). (Ward 4) Motion by McDermott to adopt Item (h) of the Consent Calendar. RES 109-95 APPROVED NS CARSON AB CHOW Resolution determining unpaid assess- ments and providing for issuance of bonds for Assessment District No. 94-1 (Renfro/Hughes). (Wards 4 & 7) Motion by McDermott to adopt Item (i) of the Consent Calendar. RES 110-95 APPROVED NS CARSON ABS ROWLES AB CHOW Bakersfield, California, June 28, 1995 - Page 7 8. CONSENTCALENDAR continued ACTION TAKE}! Agreement with County of Kern for the collection of special assessments on the County tax rolls. Motion by DeMond to adopt Item (n) of the Consent Calendar. Due to a tie vote, Mayor Price voted. AGR 95-179 APPROVED NS CARSON MCDERMC~I~' ROWLES AB CHOW PRICE VOTED AYE HEARINGS so Operating and Capital Improvements Pro- gram Budgets: Hearing to receive public comment on proposed Fiscal Year 1995-96 city of Bakersfield Budget. Hearing to receive public comment on proposed Fiscal Year 1995-96 Central District Development Agency Budget. City Manager Tandy provided background information. Hearing opened at 7:45 p.m. Hearing closed at 7:45 p.m. Resolution confirming the report of the chief of the Fire Department regarding assessment of property in the city of Bakersfield for weed and waste matter abatement. Ward 7: Vacant lot on the northwest corner of Pacheco & Hughes. Hearing opened at 7:45 p.m. Hearing closed at 7:45 p.m. RES 111-95 Motion by Salvaggio to adopt Resolution, APPROVED confirming the Report of the Fire Chief. AB CHOW Bakersfield, California, June 28, 1995 - Page 8 9. HEARINGS continued ACTION TAKEN Appeal by Danny Hutchinson of the Board of Zoning Adjustment decision to deny Modification No. 5635 to reduce the number of required parking spaces for a single family residence from two spaces to one space which would allow the existing garage to be used as a temporary living area for a five-year period on property located at 9319 Seabeck Avenue. (Ward 4) Planning Director Grady provided background information. Hearing opened at 7:48 p.m. The following spoke in opposition to staff recommendation: Jeff Smith and Tim Johnson. Danny Hutchinson, property owner, spoke in support of staff recommendation. Jeff Smith spoke in rebuttal (opposi- tion). Sally Hutchinson spoke in rebuttal (support). Hearing closed at 7:55 p.m. Motion by McDermott to adopt Resolution, overturning the decision of the Board of Zoning adjustment; and approving the modification making all findings, sub- ject to conditions. RES 112-95 APPROVED AB CHOW 10. REPORTS 11. DEFERRED BUSINESS Ordinance adding Calloway No. 6 Annexa- tion to Ward 4, located southwest of Brimhall Road and Calloway Drive. (Ward 4) (First Reading 6/14/95) ORD 3652 Bakersfield, California, June 28, 1995 - Page 9 11. DEFERRED BUSINESS continued ACTION TAKES! Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-20 by changing the zoning of 2.11 acres generally located on the east corner of Kern Canyon Road (State Route 184) and Mesa Marin Drive from One Family Dwelling to Neighborhood Commercial. (ZC 5615) (Ward 3) (First Reading 6/14/95) Motion by Salvaggio to adopt Items a. and b. of Deferred Business. ORD 3653 APPROVED AB CHOW Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 by changing the zoning of 18.57 acres generally located south of White Lane, west of Saddle Drive and east of Mountain Vista Drive from Agri- culture to One Family Dwelling. (ZC 5622) (Ward 4} (continued from 5/17/95) FR 12. NEWBUSINESS Ordinance amending the text of Chapters 17.52 and 17.54 of Title 17 of the Bakersfield Municipal Code relating to the Planned Unit Development (P.U.D.) Zone and the Planned Commercial Devel- opment (P.C.D.) Zone, respectively. Correspondence was received from Barbara Don Carlos, Building Industry Association of Kern County, dated June 28, 1995, in support of this ordinance. Planning Director Grady provided back- ground information. FR Interim Emergency Ordinance adding Sub- section F. to Section 17.08.080 of the Bakersfield Municipal Code relating to reconstruction of damaged nonconforming owner-occupied single family buildings. City Attorney Skousen provided back- ground information. ORD 3 654 Motion by DeMond to adopt Emergency APPROVED Ordinance. AB CHOW Bakersfield, California, June 28, 1995 - Page 10 12. NEW BUSINESS continued ACTION TAKEN Resolution providing for the collection of sewer charges by the County Tax Collector. Motion by DeMond to adopt Resolution. Due to a tie vote, Mayor Price voted. Approval and adoption of Fiscal Year 1995-96 City of Bakersfield appropri- ation limit; and Fiscal Year 1995-96 Operating and Capital Improvements Budgets, with the recommended adjust- ments, for the city of Bakersfield, California, and the Central District Development Agency: Resolution establishing the city of Bakersfield appropriation limit for Fiscal Year 1995-96. Resolution approving and adopting the Operating and Capital Improve- ments Budgets for the City of Bakersfield, California, for Fiscal Year 1995-96. 3 o Resolution approving and adopting the Operating and Capital Improve- ments Budgets for the Central Dis- trict Development Agency for Fiscal Year 1995-96. Motion by McDermott to approve the Budget and adopt Resolutions with amendments: · Remove the $10,000 for a signal at Brimhall and Jewetta and return it to the Gas and Tax Fund; · Funding for the segment between Brim- hall and Rosedale should be included in the Metropolitan Transportation Impact Fee collection; · Staff be directed to bring back a budget amendment deleting the $100,000 to do additional studies on new re- development agencies and make recom- mendations of more brick and mortar type projects. RES 113-95 APPROVED NS CARSON ROWLES SALVAGGIO ABCHOW PRICE VOTED AYE RES 114-95 RES 115-95 RES 116-95 NAT Bakersfield, California, June 28, 1995 - Page 11 12. NEWBUSINESS continued ACTION TAKEN Amended motion by DeMond to remove Item 3., CDBG Budget, and consider it separ- ately. APPROVED NS SMITH MCDERMO~' AB CHOW Amended motion by McDermott to adopt the budget as recommended by staff with the amendment to remove the $10,000 for the Jewetta and Brimhall signal to be returned to the Gas Tax Fund. Due to a tie vote, Mayor Price voted. Smith changed her vote to Aye, there- fore the motion is approved by the vote, as follows: APPROVED NS SMITH ROWLES SALVAGGIO AB CHOW PRICE VOTED AYE APPROVED NS ROWLES SALVAGGIO AB CHOW Motion by McDermott to direct staff to re-evaluate the expenditure of $100,000 from the CDBG Budget and bring back an amendment to Council regarding repro- gramming those funds. APPROVED NS DEMOND CARSON AB CHOW Agreement with the Greater Bakersfield Convention and Visitors Bureau for pro- motion and marketing of convention and visitor services. Motion by Salvaggio to approve Agreement. AGR 95-180 APPROVED AB CHOW fo Agreement with County of Kern regarding jail booking fees. Motion byMcDermott to approve Agreement with an addition under Section 3. adding Subsection b.: "City may terminate the Agreement within 30 days written notice to the County," and directed staff to hire a consultant to study alternatives to booking arrestees with the County, with the intention of having an option available for next year. AGR 95-181 AGR 95-182 APPROVED NS ROWLES SALVAGGIO AB CHOW Bakersfield, California, June 28, 1995 - Page 12 13. COUNCIL STATEMENTS ACTION TAKEN DeMond requested staff track AB 957 regard- ingAlcoholic Beverages possession/consump- tion so the City can support the issue. DeMond requested staff review AB 686 regard- ing Smoking and Tobacco Control Vending Machines on a local level. Carson referred the following issues to the Budget and Finance Committee: Travel policy for Council and Staff; Issue of contributions to outside agencies; and Criteria used in determining the location of public swimming pools. Rowles thanked Councilmember McDermott for filling in during his absence; and the Mayor and City Manager's staff for their assistance in preparation for his trip. DeMond spoke about the tragedy of the young child burning due to gasoline being used to clean auto parts too close to a water heater and requested that when Neighborhood Watch and Looking Good Neighborhood programs are done in the east side to incorporate some- thing that speaks to that issue. P.G.& E. may have a display that could be used. 14. ADJOURNMENT Motion by DeMond to adjourn at 8:48 p.m. APPROVED MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Offi~o~ Clerk of the Council of the City of Bakersfield, CA JUNE28.MIN 7/18/95 8:13am