HomeMy WebLinkAbout11/08/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 8, 1995
CLOSED SESSION- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith (seated at 5:25),
Sullivan, Salvaggio
Councilmembers McDermott, Rowles
ACTION TAKE]~
Motion by DeMond to recess
at 5:25 p.m.
to Closed Session
APPROVED
AB MCDERMO~F
ROWLES
3 o
Conference
Litigation.
pursuant
54956.9(c).
with Legal Counsel - Potential
Initiation of litigation
to Government Code Section
One potential case.
Conference with Legal Counsel Existing
Litigation° Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of Louise Closs vs. City of Bakersfield,
U.S. District Court Case No. CV-F-94-5069-REC
DLB.
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b). One potential case°
COUNCIL
RECEIVED U~3ATE
CITY ATTORNEY
WAS PROVIDED
DIRECTION
COUNCIL
RECEIVED UPDATE
Motion by DeMond to adjourn from Closed
Session at 6:55 p.m.
APPROVED
AB MCDERMO~
ROWLES
Bakersfield,
California,
November 8,
1995 - Page 2
REGULAR MEETING- 7:00 P.M.
1.
2.
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
~N¥OCATION by President Melvin Thompson, The Church of Jesus
Christ of Latter-Day Saints.
PLEDGE OF~IIFGIANCE
3. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
None
Mayor Price and Councilmembers introduced
Student Body Representatives from twelve (12)
area high schools who will serve as Mayor,
City Council, City Manager, City Attorney,
Public Works Director and Development
Services Director counterparts this evening.
The students are participating in the 41st
consecutive "Teen Government Day".
ACTION TAKE~
CLOSED SESSION ACTON
Mayor Price announced Closed Session
as reflected on Page 1.
action
5. PRESENTATIONS
PUBUC STATEMENTS
a. Tom Pasek spoke regarding feeding of the
homeless in Central Park.
(Public Statements continued on Page 10)
7. APPOINTMENTS
8 o
CONSENTCALENDAR
Payments from October 14 to October 27,
1995, in the amount of $5,123,528.93 and
Self Insurance payments from October 14
to October 27, 1995 in the amount of
$335,597.24.
ROWLES
ANNOUNCED
ABSTENTION
CONFLICT
.FOR
Bakersfield, California, November 8, 1995 - Page 3
8. CONSENTCALENDAR continued
ACTION TAKEN
b. Minutes of the Special Meeting of
October 25, 1995.
c. Grant of Easement to Pacific Gas &
Electric Company to provide electric
service to City water well site on
Mondavi Way, south of Brimhall Road.
(Ward 4)
eo
j o
Grant of Easement
Electric Company
northeast corner of
(Ward 2)
to Pacific Gas and
located on the
14th and P Streets.
Grant of Easement to Cox Cable
Bakersfield, Inc. for underground cable
along the south edge of the City
Drainage Basin located on the east side
of Mercy-Southwest Hospital. (Ward 4)
Resolution making findings and approving
a Negative Declaration for the
improvement and reconstruction of State
Route 99/Panama Lane Interchange.
Resolution determining that certain
communication equipment cannot be
reasonably obtained through the usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding, not to exceed $60,000.
(logging recorder for Police Department)
Resolution authorizing the City Manager
or Designee to file an application to
enable the City of Bakersfield to
participate in the Federal Surplus
Property Donation Program.
Resolution making findings and
determination regarding unexpended Park
Acquisition and Development Fees.
Resolution adopting the City of
Bakersfield Disadvantaged Business
Enterprise (DBE) Program for use on
federally funded highway improvement
projects in the City of Bakersfield for
Fiscal Year 1995-96.
DEED 4304
DEED 4305
DEED 4306
RES 165-95
RES 166-95
RES 167-95
RES 168-95
RES 169-95
Bakersfield, California, November 8,
1995 - Page 4
8. CONSEN/CALENDAR continued
ACTION TAKEN
no
Do
Resolution approving the application for
Grant Funds for the Environmental
Enhancement and Mitigation Program under
Section 164.56 of the Streets and
Highways Code for the Chester Avenue
Streetscape Improvement Project.
Resolution approving Cultural Resource
Designation Application by Edna I.
Spencer for property located at 1321 N
Street and directing placement of the
property on the Bakersfield Register of
Historic Places in the City of
Bakersfield. (Ward 2)
Resolution approving the destruction of
certain obsolete City records,
documents, instrument, books and papers,
pursuant to Section 34090 et seq. of the
Government Code of the State of
California. (City Attorney's Office)
Confirmation of Charter
ballot language (adopted in
No. 160-95).
Amendments
Resolution
Assessment District No. 94-3
(Silvercreek/Brimhall North/Seven
Oaks/Laurelglen) (Ward 4):
Resolution determining assessments
remaining unpaid.
2 o
Resolution authorizing issuance of
bonds.
3 o
Resolution approving form and
substance of Preliminary Official
Statement and Bond Purchase
Contract, authorizing
modifications, execution and
related documents and actions.
Final Map and Improvement Agreements
with Castle & Cooke, Inc. for Tract
5678, Phase E, located at the northeast
corner of White Lane and Pin Oak Park
Boulevard. (Ward 4)
RES 170-95
RES 171-95
RES 172-95
REMOVED FOR
SEPARATE
CONSIDERATION
RES 173-95
RES 174-95
RES 175-95
AGR 95-265
AGR 95-266
Bakersfield, California, November 8, 1995 - Page 5 ' ~'~
8. CONSENT CALENDAR continued
ACTION TAKEN
to
Vo
Wo
Xo
Agreement with Alliance Against Family
Violence for up to $14,950 in Emergency
Shelter Grant (ESG) funds for a portion
of the acquisition costs of a
van/utility vehicle and miscellaneous
rehabilitation of the shelter housing
homeless women and children who have
survived domestic violence. (Ward 1)
Agreement with Bethany Services for up
to $60,000 in Emergency Shelter Grant
(ESG) funds to support the costs related
to the establishment of a part-time
outpatient medical and dental clinic at
the Bakersfield Homeless Center, 1600
East Truxtun Avenue. (Ward 1)
Agreement with Kern County Mental Health
Association for up to $11,500 in
Emergency Shelter Grant (ESG) funds to
support the costs related to increased
staff and minor rehabilitation of the
facility at 1807 19th Street. (Ward 1)
Memorandum of Understanding between City
of Bakersfield, County of Kern and
California Department of Transportation
(CalTrans) concerning National Pollutant
Discharge Elimination System (NPDES)
interagency cooperation. (storm water
monitoring)
Agreement with Kern High School District
to continue to provide security services
for school functions at Kern High School
District locations.
Grant of Easement Agreement with Aldo
and Alberta Angone for Angone Farm
access roads. (Ward 1)
Amendment No. 1 to Agreement No. 94-234
with Jim Alfter Cement Contractor
($49,648.20) for curbs, gutters and
sidewalks services as needed for City
departments.
Amendment No. 1 to Agreement No. 95-256
with Robert Verlaan Associates to update
and expand Marketplace project traffic
study.
AGR 95-267
AGR 95-268
AGR 95-269
AGR 95-270
AGR 95-2 71
AGR 95-2 72
DEED 4307
AGR 95-273
AGR 95-2 74
Bakersfield, California, November 8, 1995 Page 6
8. CONSENTCALENDAR continued
ACTION TAKEN
yo
as.
bb.
cc.
dd.
es.
Accept bid to award Contract to American
Construction Group, Inc. ($1,568,000)
for the construction of Police Station
addition; and appropriate $100,000
Seized Asset Forfeiture proceeds and
$250,000 General Fund Balance to the
Capital Outlay Fund. (Ward 2)
Accept bid to award Contract to R.L.
Morton Welding, Inc. ($108,839.50) for
the construction of Box Culvert
Extension and Canal Relocation (Farmers
Canal at Panama Lane); and appropriate
$27,540 Transportation Development Fund
Balance to the Capital Improvement
Budget within the Transportation
Development Fund. (Ward 6)
Accept bid to award Contract to Gilliam
& Sons, Inc. ($192,052.20) for the
construction of Expansion of the Green
Waste Recycle Center. (Ward 1)
Accept bid to award Annual Contract to
Pestmaster Services ($20,800) for
chemical application on City property.
Accept low bid from Jim Burke Ford
($656,482.77) for 38 replacement and 1
additional vehicle (Equipment Management
Fund).
Authorization to Publish Notice for
Amendment No. 5 to FY 1993-94 ($25,000)
and Amendment No. 3 to FY 1995-96
($67,000) Action Plan of the
Consolidated Plan 2000 (Community
Development Block Grant (CDBG).
Amendment No. 2 to FY 1995-96 Action
Plan of the Consolidated Plan 2000
(Community Development Block Grant
(CDBG) and Authorization for Submission
to the US. Department of Housing and
Urban Development (HUD).
Motion by Carson to adopt Items (a)
through (ee) of the Consent Calendar,
with the exception of Items n. and dd.;
Rowles abstaining on Item a. due to fam-
ily receiving senior refuse refund; Item
y. due to employer being an unsuccesful
bidder on project; and Item aa. due to a
previous business relationship.
ROWLES
ANNOUNCED
ABSTENTION
CONFLICT
CON 95-275
AGR 95-276
ROWLES
ANNOUNCED
ABSTENTION
CONFLICT
AGR 95-277
AGR 95-278
REMOVED
SEPARATE
CONSIDERATION
AGR 95-279
APPROVED
FOR
FOR
FOR
Bakersfield, California, November 8, 1995 - Page 7
8. CONSENT CA[ISNDAR continued
ACTION TAKEN
Confirmation of Charter
ballot language (adopted in
No. 160-95) o
Amendments
Resolution
Motion by DeMond to adopt Item n. of the
Consent Calendar.
APPROVED
NS SALVAGGIO
dd.
Authorization to Publish Notice for
Amendment No. 5 to FY 1993-94 ($25,000)
and Amendment No. 3 to FY 1995-96
($67,000) Action Plan of the
Consolidated Plan 2000 (Community
Development Block Grant (CDBG).
Motion by Carson to adopt Item dd. of
the Consent Calendar and refer to Budget
and Finance Committee.
APPROVED
HEARINGS
a°
Continued appeal hearing by Harold
Robertson, Porter-Robertson Engineering,
of Planning Commission Condition of
Approval No. 2 for Tentative Tract Map
5433, located at the northwest corner of
Berkshire and Akers Roads. (Ward 6)
(Continued from 9/27/95)
Public Works Director Rojas provided
background information~
Hearing opened at 7:24 p.m.
No one spoke at hearing.
Hearing closed at 7:24 p.m.
Public Works Director Rojas provided
background information.
Motion by Sullivan to adopt Resolution
upholding the decision of the Planning
Commission approving Tentative Tract
5433 with Condition of Approval No. 2.;
and amending Condition No. 2.b. to read
"Within 180 days .... and an added
statement of "Construction shall
commence within 90 days of said
acceptance."
RES 176-95
APPROVED
Bakersfield,
California, November 8, 1995 - Page 8
9. HEARINGS continued
ACTION TAKE~i
Hearing to consider a Resolution
adopting fees and service charges
pursuant to the Revenue/Cost Comparison
System under Chapter 3.70 of the
Bakersfield Municipal Code.
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.
RES 177-95
APPROVED
Hearing to consider a Resolution
adopting a Negative Declaration for
proposed improvements to Rosedale
Highway (State Route 58), Coffee Road
and Brimhall Road. (Ward 4)
Hearing opened at 7:26 p.m.
No one spoke at hearing.
Hearing closed at 7:26 p.m.
Motion by McDermott to adopt Resolution
approving Negative Declaration with
mitigation measures.
RES 178-95
APPROVED
do
Hearing for the purpose of considering
an extension to Interim Urgency
Ordinance No. 3677 amending Section
17.69.040 of the Bakersfield Municipal
Code relating to separation and distance
requirement for adult entertainment
businesses.
City Attorney Skousen
background information.
provided
Hearing opened at 7:28 p.m.
No one spoke at hearing.
Hearing closed at 7:28 p.m.
ORD 3680
Motion by DeMond to adopt Ordinance APPROVED
extending Ordinance No. 3677.
Bakersfield, California, November 8, 1995 - Page 9
10. REPORTS
ACTION TAKEiN
Request by councilmember Rowles:
Resolution requiring competitive bidding
of public services for all landscape and
park maintenance district services; and
adding Measure D to the Primary
Municipal Election to be held Tuesday,
March 26, 1995.
Motion by Rowles to adopt Resolution and
place Measure D on the March 26, 1996
election ballot.
NAT
Amended motion by Carson to adopt
Resolution affirming City Council's
authority.
WITHDRAWN
Amended motion by McDermott to adopt
Resolution and place Measure D on the
March 26, 1996 election ballot with the
proposed language to read, "The City
shall utilize a competitive bidding and
selection process for maintenance
services for all existing and future
City parks and landscape districts,
including a bid from City Staff with a
contract award to the lowest responsive
bidder."
FAILED
NS DEMOND
CARSON
SMITH
SALVAGGIO
Salvaggio recognized Chuck Waide, Kern
County Public Employees Association; and
John Spaulding, Building Trades Council.
Request by Councilmember Carson=
Resolution to authorize and affirm the
City Council's authority to
competitively bid City services.
Motion by Carson to adopt Resolution
affirming City Council's authority with
an amendment to remove Item 2. from the
Resolution.
RES 179-95
APPROVED
NS ROWLES
SULLIVAN
Mayor Price announced a recess at 8:17
p.m. and reconvened the meeting at 8:26
p.m.
Bakersfield, California, November 8, 1995 - Page 10
ll. DEFERRED BUSINESS
ACTION TAKEN
Ordinance amendments relating to lot
sizes (from 7/19/95 and 10/11/95):
Ordinance amending Chapter 17.14 of
the Bakersfield Municipal Code
relating to setbacks and minimum
lot sizes for one family dwellings
in Limited Multiple Family Dwelling
Zones.
2 o
Ordinance amending Section
16.28.170 of the Bakersfield
Municipal Code relating to lot
sizes for one family dwellings in
Limited Multiple Family Dwelling
Zones and reduction in minimum lot
size requirements in subdivisions.
ORD 3681
ORD 3682
Ordinance amending Section 16.28.190 of
the Bakersfield Municipal Code relating
to design standards (improved access).
(First Reading 10/25/95)
Development Services Director Hardisty
provided background information.
Motion by McDermott to adopt Items a.
and b. of Deferred Business.
ORD 3683
APPROVED
Multi-Use Stadium Facility.
Correspondence was received from
Patricia R. Willis, dated October 30,
1995, in opposition to using public
funds to build the stadium; and D. Alan
McCuen, District Division Chief,
Planning Division, State Department of
Transportation, dated November 8, 1995,
regarding the intersection of State
Routes 184 and 178.
RES 180-95
PUBUC STATEMENTS continued
The following individuals spoke on the
multi-use facility:
Jack Patton, Vice-President, Blaze
Baseball Team; Stuart Gentry; and Frank
Collins, Mesa Marin Raceway.
(Public Statements continued on Page 13)
Bakersfield, California, November 8, 1995 - Page 11
11. DEFERRED BUSINESS continued
ACTION TAKE~
City Manager Tandy provided background
information.
McDermott submitted correspondence from
George Culver, dated November 7, 1995,
in support of a stadium.
McDermott recognized John Spaulding,
Building Trades Council, to speak.
Motion by McDermott to place the
following ballot language on the March
26, 1996 ballot, "Shall the City of
Bakersfield construct a multi-use
facility near the Convention Center
downtown with a cost of no more than $14
million without increasing taxes or
assessment. Sources of Funding may
include about $2.5 million in
contributions, $4.5 million from future
benefits of increased local government
revenue; and a maximum loan of $7.5
million secured by a user fee, which
will be adjusted to guarantee the loan."
APPROVED
NS DEMOND
SMITH
SALVAGGIO
Mayor Price announced a recess at 9:45
p.m. and reconvened the meeting at 9:50
p.m.
12. NEW BUSINESS
Ordinance adding Kingsley No. 1
Annexation to Ward 7, located near the
corner of Castro Lane and Kingsley
Avenue. (Ward 7)
Do
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-33 by changing the zoning of
5.8 acres, generally located south of
Potomac Avenue between Monticello Avenue
and the Southern Pacific Railroad
tracks, from County Heavy Industrial-
Precise Development Combining District
to city General Manufacturing. (ZC
5651) (Ward 1)
So
Ordinance amending Section 14.12.390 of
the Bakersfield Municipal Code relative
to billing collection and payment of
charges for sewer surcharge.
FR
FR
FR
Bakersfield, California, November 8, 1995
- Page 12
12. NL~NBUSINESS continued
ACTION TAKEN
so
Personnel Ordinances pursuant to
Memorandums of Understanding with Labor
Groups:
Ordinance amending Section 2.72.230
of the Bakersfield Municipal Code
relating to Reduction in Force.
Ordinance amending Sections
2.84.350 and 2.84.440 and repealing
Sections 2.84.410 and 2.84.470 of
the Bakersfield Municipal Code
relating to Annual Vacation Leave.
3 o
Ordinance amending Section 2.84.490
of the Bakersfield Municipal Code
relating to Sick Leave--Policy.
Ordinance amending Subsection A. of
Section 2.84.560 of the Bakersfield
Municipal Code relating to Sick
Leave--Depletion.
Ordinance amending Section 2.84.570
of the Bakersfield Municipal Code
relating to sick Leave--Payment for
Accumulated Leave--Upon Retirement.
6 o
Ordinance amending Section 2.84.590
of the Bakersfield Municipal Code
relating to Sick Leave--Retention
of Accumulated Leave on Rehiring.
7 o
Ordinance amending Section 2.84.620
of the Bakersfield Municipal Code
relating to Leaves of Absence.
Brown and Caldwell Wastewater Master
Plan Report.
Rowles absent due to conflict of
interest.
Motion by McDermott to recognize Charles
Lackey, Kern County Engineering and
Survey Services Department, to speak.
Mr. Lackey spoke and submitted written
material.
Motion by McDermott to move Item e. of
New Business immediately following Item
i.
FR
FR
FR
FR
FR
FR
FR
APPROVED
AB ROWLES
APPROVED
AB ROWLES
Bakersfield,
California,
November 8,
1995 - Page 13
12. NL=WBUSINESS continued
ACTION TAKEN
f. Bakersfield Pedestrian Overcrossing at
Union Avenue. (Ward 1)
Correspondence was received from Hal
Avakian, Chief, Permits Branch, State
Department of Transportation,, dated
November 8, 1995, requesting they be
advised of Council's decision.
PUBUC STATEMENTS continued
Carl Nicita spoke and submitted written
material on the Union Avenue
Overcrossing.
12. N~qNBUSINESS continued
Motion by Carson to defer action on Item
f. of New Business to the meeting of
November 29, 1995 and refer to Budget
and Finance Committee.
APPROVED
McDermott recognized Dr. Patel to speak.
g. Public Forum regarding Race Relations.
6 o
PUBUC STATEMENTS continued
The following individuals spoke
regarding race relations:
Reverend Ralph Anthony; Mark Stansberry,
NAACP; Wesley Crawford, and submitted
written material (petition); and
Reverend George Lartique.
12. NEW BUSINESS continued
Motion by Carson requesting Vice-Mayor
DeMond create an Ad Hoc Committee,
outlining goals and objectives, to hold
a forum on race relations.
APPROVED
no
Proposed assessment of City residents to
fund purchase and development of land
for cemetery purposes in Shafter.
Bakersfield,
California,
November 8,
1995 - Page 14
12. NEWBUSINESS continued
ACTION TAKEN
The city was advised the District has
taken action to rescind assessments and
have cancelled their November and
December 1995 meetings. Any
consideration for detachment from the
District will be considered in the
future.
Motion by DeMond to refer to Urban
Development Committee to make
recommendations should this be brought
before Council in the future.
A~DpROVED
Request to create an Ad Hoc Committee to
negotiate with refuse haulers.
Motion by DeMond to create an Ad Hoc
Committee for liaison and oversight of
the City's negotiation with private
refuse haulers on automation; with
Demond, Chair, Salvaggio and Rowles as
members; and to sunset the Committee
when the issue is resolved.
APPROVED
Brown and Caldwell Wastewater Master
Plan Report.
Public Works Director Rojas provided
background information and a slide
presentation.
McDermott recognized Charles Lackey,
Kern County Engineering and Survey
Services Department, to speak.
Motion by McDermott to approve the
Report and selection of Option B which
requires improvements to, and expansion
of, Plants 2 and 3; and authorization to
negotiate a contract with Boyle
Engineering to finalize the design for
Plant 2 expansion; begin the Request For
Qualifications (RFQ) process to the
expansion of Plant 3; and the design of
the Buena Vista and Allen Road trunk
sewer lines.
APPROVED
AB ROWLES
Bakersfield,
California,
November 8,
1995 - Page 15
13. COUNCIL STATEMENTS
ACTION TAKEN
Salvaggio referred to staff the issue of the
Buena Vista Sewer Line problem and consider
the citizen's Letter to the Editor that
appeared in The Bakersfield Californian
Tuesday.
Salvaggio referred to Public Works Department
a letter from Ralph Vanderberg regarding the
intersection of Laurel Drive and Planz Road.
Salvaggio referred to staff correspondence
from Gerald K. Danner, 6329 Springdale Drive,
regarding a problem with a vacant lot owned
by Lawton Powers and needs a remedy update.
Salvaggio referred correspondence from John
Baxter Smith, dated October 25, 1995, on
anti-prostitution efforts to the City
Attorney to respond back to Mr. Smith.
Salvaggio requested an update on the vacant
positions of Deputy Fire Chief and Assistant
Fire Chief. Fire Chief Kelly responded.
Smith requested Traffic Committee examine the
speeding problem on University Avenue,
Christmas Tree Lane and Panorama Drive; and
the feasibility of stop signs, particularly
on University Avenue.
McDermott referred to a memo from Mr. Pope,
Kern County, responding to questions raised
by the Intergovernmental Relations Committee
regarding traffic concerns at Palm Avenue
near Jewetta; and requested staff communicate
our concerns.
Rowles referred to Community Services
regarding dedicating the Beach Park Rugby
Field after Ray Trichell and schedule a
meeting by December 13th.
Bakersfield, California, November 8, 1995 - Page 16
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Rowles referred to staff the traffic signal
override for emergency vehicles and interest
shown from Emergency Medical Services
providers and groups to participate
financially and physically.
McDermott requested a change on citizens
Parks and Recreation Committee requirements
to make it a Councilmember appointment and
not have the restrictions to residency and
bring back to Council with a proposal.
Salvaggio referred to Public Works complaints
regarding speeding on Chester W. Nimitz
Street; requested 25 mph speed limit zones at
least at Fairview Road and at Panama Lane;
and the full report on speed bumps.
Smith complimented the
Department and the Burn
work this year.
Bakersfield Fire
Foundation on their
Mayor requested the speaker equipment in the
Council Chambers be replaced.
Mayor explained how the feeding program began
in Central Park.
Salvaggio requested a copy of the letter from
the church regarding the homeless feeding
program.
DeMond requested staff schedule a meeting
with the Ad Hoc Refuse Haulers Committee as
soon as possible.
DeMond announced the members of the Ad Hoc
Race Relation Committee are Carson (Chair),
Smith and McDermott.
DeMond requested staff check the "street seam
pulling" (not potholes) on Niles; and
suggested a master list for all the street
projects and advise Council when each will
take place.
Bakersfield, California, November 8, 1995 - Page 17
14. ADJOURNMENT
ACTION TAKEN
Motion by DeMond to adjourn at 11:09 p.m.
APPROVED
MAYO~,~f the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
NOV8.MIN
12/ 5/95 8;20am