HomeMy WebLinkAbout11/29/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 29, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith (seated at 5:17),
McDermott, Rowles (seated at 5:19),
Sullivan, Salvaggio (seated at
5:19)
None
2 o
STATE ROUTE 58 (KERN RIVER FREEWAY) ROUTE
ADOPTION STUDY - UPDATE ON PROJECT AND
PROJECT FUNDING.
CalTrans employees Alan McCuen, Mary
Fredricks, Project Manager; and Mike Brady,
Environmental Manager, provided an update on
the Route Adoption Study, cost, funding and
future actual construction.
McDermott requested staff provide a
resolution for Council commitment to the
project at the meeting of December 13, 1995.
Motion by DeMond to recess to Closed Session
at 5:50 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel - Potential
Litigation. Significant exposure to
litigation pursuant to Government Code
Section 54956.9(b}. One potential case.
CITY AT~)RNEY
AUTHORIZEDTO
MAKE A
SETTLEMENT
OFFER
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of city of Bakersfield rs. Nikou, Ltd.,
California Fair Plan (Casa Royale Motel),
Kern Superior Court Case No. 229741-NFT.
UPDATE RECEIVED
Bakersfield, California, November 29, 1995 - Page 2
CLOSED SESSION continued
ACTION TAKEN
Conference with Legal Counsel - Existing
Litigation. Closed Session pursuant to
Government Co4e Section 54956.9(a) regarding
the Bankruptcy of Riverlakes Ranch, Ltd.,
U.S. Bankruptcy Court, Central District of
California, Case NO. SA 94-16719-JR.
Conference with Legal Counsel - Public
Employment. Closed Session pursuant to
Government Code Section 54957 to consider the
request of a Clerk Typist II for Leave of
Absence Without Pay for a period of time
greater than 180 days (Bakersfield Municipal
Code Section 2.84.620 A.).
Conference with Legal Counsel Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) regarding
Southwest Community Action committee and Jill
Kleiss rs. City of Bakersfield, et al.
(Marketplace), Kern County Superior Court
Case No. 229401-NFT.
Motion by DeMond to adjourn Closed Session at
6:50 p.m.
UPDATE RECEIVED
AN ADDITIONAL
60 DAYS WAS
AUTHORIZED
BEYOND THE 180
DAYS
UPDATE RECE~U~ED
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Chaplain Ed Meissner, First Assembly of God
Church.
2. PLEDGEOFAIIFGIANCEby Alan Curtis, Troop 38.
3. ROLE CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
None
CLOSED SESSION ACTON
Mayor announced Closed Session
reflected on Pages 1 and 2.
action as
Bakersfield, California, November 29, 1995 - Page 3
4. CLOSED SESSION ACTION continued
ACTION TAKE~
Mayor announced, "On October 11, 1995, City
Council met in Closed Session. At that
Closed Session meeting, the Council
authorized settlement in the case of Marian
Weichelt vs. City of Bakersfield, et al. The
case has now been settled. The City will pay
Ms. Weichelt $37,027.90 for the injuries she
sustained on April 28, 1994.
PRESENTATIONS
Mayor Price introduced members of the Mayor's
Youth Advisory Council.
PUBUC STATEMENTS
Inez Don Carlos spoke regarding the Kern
River Parkway Foundation tree planting
and submitted written material.
Barbara Don Carlos-Martin, Building
Industry Association of Kern County,
spoke regarding maintenance assessment
districts. (Item 12.c.)
So
David James spoke in favor of dedicating
the Beach Park Rugby Field.
The following individuals spoke
regarding the multi-use stadium:
Stuart Gentry; Carol Miranda; and Bruce
Keith.
Hollis B. Carlile spoke regarding the
Marketplace.
f. Carl J. Nicita spoke regarding the
Bakersfield Pedestrian Overcrossing
sign. (Item 11.h.)
APPOINTMENTS
Two (2) appointments to the Board of
Zoning Adjustment due to the expiration
of terms of Raul Rojas and Fred L.
Kloepper (Alternate), terms expiring
December 1, 1995.
Bakersfield, California, November 29, 1995 - Page 4
7. APPOINTMENTS continued
ACTION TAKEN
Motion by Salvaggio to
Rojas as Member and
LaRochelie as Alternate,
December 1, 1998.
reappoint Raul
appoint Jack
terms to expire
APPROVED
CONSENTCALENDAR
Payments from October 28 to November 9,
1995, in the amount of $3,663,774.23 and
Self Insurance payments from October 28
to November 9, 1995, in the amount of
$10,545.83.
Kern County Water Agency request for
City participation in the Agency's
Strategic Plan development. (Staff
recommends referral to City Water Board)
Resolution of Intention No. 1140
declaring the City's intention to
establish Maintenance District No. 1-11
(Interim), (Jewetta/Birchaven) ,
preliminarily adopting, confirming and
approving Public Works Director's
Reports. (Ward 4)
Agreement with Wyatt & Baker for the
provision of legal services regarding
matters related to the Buena Vista Sewer
Trunk Line. (Ward 4)
Agreement with County of Kern for share
d cost of operating the Drop-off
Recycling Diversion Program. (Wards 1,
2, 3, 4 & 7)
Consultant Agreement with QUAD
Engineering, Inc., for engineering
services for design of channelization of
State Route 178 at Fairfax Road. (Ward
Consultant Agreements with Paul
Sundberg; and with Colin Campbell to
complete Geographic Information System
base map. (Staff recommends approval of
Agreements and transfer of funds)
Agreement with Capital Management Group
(CMG) to administer the City's Flexible
Spending (Section 125) Program.
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-280
AGR 95-281
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 95-282
AGR 95-283
AGR 95-284
Bakersfield, California, November 29, 1995 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
Agreement with The Atchison, Topeka and
Santa Fe Railway Company to acquire its
remaining interest in property in Block
349 south of the Convention Center for
off-street parking purposes for $19,500.
(Ward 2)
License to Encroach on Right-of-Way
Agreement with Arvin-Edison Water
Storage District.
ko
Accept bid to award Contract to Delta
Engineering U.S.A ($198,454.50) for the
construction of Panama No. 10 Annexation
Nadeau Area Sewer. (Ward 7)
Appropriate $50,000 Gas Tax fund balance
to the Capital Improvement Budget for
Stockdale Highway reconstruction and
Stockdale Highway and Coffee Road
landscaping project. (Ward 4)
mo
Appropriate $20,000 Transportation
Development fund balance to the Capital
Improvement Budget for Geotechnical
Engineering and Geotechnical
Investigation for the Panama Lane
Overcrossing Widening at State Route 99
Project. (Ward 6)
Denial of Claim for Damages. Claimant:
Craig Carver, CalOak Development
Properties.
Denial of Claim for Damages. Claimants:
Nikou, Ltd. dba Casa Royale Motel.
1996 Health Insurance Renewal. (Staff
recommends referral to Personnel
Committee)
qo
Organization changes and position
reclassifications. (Staff recommends
referral to Personnel Committee)
Final application procedure to the State
of California in order to apply as the
Certified Unified Program Agency (CUPA)
for the City of Bakersfield.
Motion by DeMond to adopt Items (a) through
(r) of the Consent Calendar, with the
exception of Items c., f. and k.
AGR 95-285
DEED 4334
AGR 95-286
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California, November 29, 1995 - Page 6 ~2~'~'~
8. CONSENTCALENDAR continued
ACTION TAKEiN
Resolution of Intention No. 1140
declaring the City's intention to
establish Maintenance District No. 1-11
(Interim), (Jewetta/Birchaven) ,
preliminarily adopting, confirming and
approving Public Works Director's
Reports. (Ward 4)
Motion by DeMond to adopt Item c. of
Consent Calendar.
APPROVED
NS CARSON
MCDERMO~.U
ROWLES
Consultant Agreement with QUAD
Engineering, Inc., for engineering
services for design of channelization of
State Route 178 at Fairfax Road. (Ward
3)
Motion by Smith to adopt Item f. of
Consent Calendar.
AGR 95-287
APPROVED
Accept bid to award Contract to Delta
Engineering U.S.A ($198,454.50) for the
construction of Panama No. 10 Annexation
Nadeau Area Sewer. (Ward 7)
Rowles abstaining due to family member
residing in area.
Motion by Salvaggio to adopt Item k. of
Consent Calendar.
CON 95-288
APPROVED
ABS ROWLES
HEARINGS
Hearing to consider a Resolution
confirming the report of the Building
Director regarding assessments of
certain properties for the abatement of
weeds, debris and waste matter. (Ward
1:8 properties)
Development Services Director Hardisty
provided background information.
Hearing opened at 7:41 p.m.
No one spoke at hearing.
Hearing closed at 7:41 p.m.
RES 181-95
Motion by Carson to adopt Resolution. APPROVED
Bakersfield, California, November 29, 1995 - Page 7
9. HF_ARINGS continued
ACTION TAKE]~
Hearing on the means of financing the
Agricultural/Domestic Water Interface
Project:
Resolution approving Contract for a $3
million loan with State of California
Department of Water Resources.
Hearing opened at 7:47 p.m.
No one spoke at hearing.
Hearing closed at 7:47 p.m.
Motion by Salvaggio to adopt Resolution
approving Contract and all necessary
documents.
RES 182-95
CON 95-289
APPROVED
Ordinance adding Sections 17.04.242,
17.24.020 B.14. and 17.34.020 C.; and
repealing Sections 17.25.040 B.2. and
17.26.040 B.2. to Title 17 of the
Bakersfield Municipal Code relating to
farmers markets.
Hearing opened at 7:52 p.m.
No one spoke at hearing.
Hearing closed at 7:52 p.m.
FR
General Plan Amendment No. 3-95, Segment
II, Zone Change 5655. (Ward 2):
city of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Land Use Element
from General Commercial to High
MediumDensity Residential (greater
than 7.26 and less than or equal to
17.42 dwelling units per net acre)
on 19.4 acres, located on the north
and south sides of Monterey Avenue
between King and Williams Streets.
RES 183-95
Bakersfield, California, November 29, 1995 - Page 8
9. HEARINGS continued
ACTION TAKEN
do 2.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map Nos. 103-28 and 103-29
by changing the zoning from
Neighborhood Commercial to Limited
Multiple Family Dwelling (2,500
square foot lot area per unit) on
19.4 acres, located on the north
and south sides of Monterey Avenue
between King and Williams Streets.
Development Services Director Hardisty
provided background information.
Hearing opened at 7:55 p.m.
No one spoke at hearing.
Hearing closed at 7:55 p.m.
Motion byDeMond to adopt Resolution and
give First Reading to Ordinance.
FR
APPROVED
so
General PlanAmendment No. 3-95, Segment
IV. (Ward 4):
City of Bakersfield requests to amend
the Metropolitan Bakersfield 2010
General Plan, Kern River Plan Element
and Kern River Parkway Plan to establish
equestrian staging areas along the north
side of the Kern River, east of Enos
Lane and west of Mohawk Street.
Hearing opened at 7:57 p.m.
No one spoke at hearing.
Hearing closed at 7:57 p.m.
RES 184-95
Motion by DeMond to adopt Resolution. APPROVED
Bakersfield, California, November 29, 1995 - Page 9
10. REPORTS
ACTION TAKE~
city Manager Oral Report No. 16-95
regarding Retiree Medical Benefits.
Assistant City Manager Stinson provided
an overhead projection presentation.
Mayor Price and Carson absent due to
possible conflict of interest.
Motion by Salvaggio to accept Report.
APPROVED
AB CARSON
PRICE
Community Services Committee Report No.
4-95 regarding Request to Name Beach
Park Rugby/Soccer Field.
Resolution dedicating the soccer/rugby
field at Beach Park as a memorial to Ray
Trichell.
Motion by Carson to accept Report and
adopt Resolution.
RES 185-95
APPROVED
Mayor Price announced a 5-minute recess
at 8:45 p.m. and reconvened the meeting
at 8:50 p.m.
11. DEFERRED BUSINESS
Councilmember Sullivan's request for
reconsideration and to rescind
Resolution No. 180-95 regarding the
ballot measure for the Multi-Use Stadium
Facility.
Correspondence was received in support
of presenting the issue to the voters
from Adam Pedroza, received November 27,
1995; and from Mission Bay Research
Institute, dated November 29, 1995; and
from Ernie & Leah Schaefer, dated
November 13, 1995, submitting a news
clipping on building stadiums.
Motion by Sullivan to reconsider the
issue of the Multi-Use Stadium and
rescind Resolution No. 180-95.
APPROVED
NS MCDERMOTT
Bakersfield, California, November 29, 1995 - Page 10
11. DEFERRED BUSINESS continued
ACTION TAKEM
Minutes of the Closed Session and
Regular Meeting of November 8, 1995.
Motion by Salvaggio to approve Minutes.
APPROVED
Personnel Ordinances pursuant to
Memorandums of Understanding with Labor
Groups: (First Readings 11/8/95)
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.
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.
Ordinance amending Section 2.84.590
of the Bakersfield Municipal Code
relating to Sick Leave--Retention
of Accumulated Leave on Rehlring.
Ordinance amending Section 2.84.620
of the Bakersfield Municipal Code
relating to Leaves of Absence.
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) (First Reading 11/8/95)
ORD 3684
ORD 3685
ORD 3686
ORD 3687
ORD 3688
ORD 3689
ORD 3690
ORD 3691
Bakersfield, California, November 29, 1995 - Page 11
11. DEFERRED BUSINESS continued
ACTION TAKEg
Ordinance adding Kingsley No. 1
Annexation to Ward 7, located near the
corner of Castro Lane and Kingsley
Avenue. (Ward 7) (First Reading
11/8/95)
Ordinance amending Subsection B. of
Section 14.12.390 of the Bakersfield
Municipal Code relating to payment
requirements for sewer surcharge.
(First Reading 11/8/95)
Motion by DeMond to adopt Items c.
through f. of Deferred Business.
ORD 3692
ORD 3693
APPROVED
Amendment No. i to Agreement No. 95-216
with Honeywell, Inc. for the Convention
Center Heating, Ventilation and Air
conditioning (HVAC) Project, including a
structural investigation ($30,000) and
additional unforeseen core related
structural work ($85,000), with total
compensation not to exceed $2,604,000.
(Ward 2)
Public Works Director Rojas provided
background information.
Motion by DeMond to approve Amendment to
Agreement.
AGR 95-290
NAT
Rowles requested an added directive to
the motion to include "with Council to
receive a periodic summary report on
anticipated maintenance/repair projects
in a 5- to 10-year period for the
Convention Center.
Motion byDeMond to approveAmendment to
Agreement with Council to receive a
periodic summary report on anticipated
maintenance/repair projects in a 5- to
10-year period for the Convention
Center; and a periodic report on all
City public buildings.
APPROVED
,>~,,
Bakersfield, California, November 29, 1995 - Page 12
11. DEFERRED BUSINESS continued
ACTION TAKEN
h. Bakersfield Pedestrian Overcrossing at
Union Avenue. (Wards i & 2)
Public Works Director Rojas provided
background information.
Motion by Carson to table this item to
January 1996.
APPROVED
NS MCDERM~FT
ROWLES
ABS DEMOND
12. NEWBUSINESS
Ordinance amending Chapter 2.60 of the
Bakersfield Municipal Code relating to
Citizens Community Services Advisory
Committee.
Resolution supporting the conversion of
the Southeast Bakersfield Metropolitan
Bakersfield Incentive Area to an
Enterprise Zone.
Motion by DeMond to approve Resolution.
FR
RES 186-95
APPROVED
Negotiation with Griffith Company to
provide tree wells with an automatic
irrigation system in median island along
Stockdale Highway east of Gosford Road.
(Ward 4)
Motion by McDermott to request staff to
renegotiate costs and the trees be
planted and maintained.
FAILED
NS DEMOND
CARSON
SMITH
ROWLES
SULLIVAN
SALVAGGIO
13 . COUNCIL STATEMENTS
Mayor Price announced he would be resigning
from the San Joaquin Unified Air Pollution
Control District and asked if there were any
Councilmembers interested in membership.
Salvaggio requested Fire Chief Kelly provide
an update on the vacancies in the Fire
Department. Fire Chief Kelly responded.
Bakersfield, California,
November 29,
1995 - Page 13
13. COUNCIL STATEMENTS continued
ACTION TAKE]~
Salvaggio requested Police Chief Brummer
continue speed-limit enforcement on Chester
W. Nimitz Street, from Fairview to Panama
Lane; and Agate, between Coventry and Planz
Road; and provide a written report on what
was found there, number of tickets that have
been written; etc.
Salvaggio requested Urban Development
Committee provide a report with
recommendation on speed bumps.
McDermott commented on the Bakersfield sign
issue and Council's inability to debate on
it. (Item 11.h.)
McDermott commented on the maintenance
districts and median landscaping maintenance.
McDermott requested the areas
freeways on-ramps in the City be
weeds and debris.
around the
cleaned of
McDermott requested the canal tenders clean
up the weeds along the canal; and all the
weeds behind Centennial High.
Rowles commended staff on the Convention
Center HVAC update.
Rowles addressed the Bakersfield sign and
urged Council to look at Robert's Rules of
Order and requested CityAttorney Skousen re-
issue her information sheet to everyone.
Carson requested staff look into the dumping
in alleys at South Brown and Haley Street.
She has received numerous calls and
complaints about people dumping stuff in the
alleys in that area.
Carson requested staff look into budget
consideration for additional parking and
lighting at Martin Luther King Community
Center; and look into repairs and damage in
some of the sidewalks in some of the older
areas.
Bakersfield, California, November 29, 1995 - Page 14
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Carson referred to Parks Department the issue
of debris in the air at the Recycling Center.
Carson requested a status report on
additional lighting in the Carnation Tract
that was promised to the neighborhood
association.
Carson requested fencing be repaired around
the canal near McKinley School and the Senior
Citizen Center.
Carson invited Councilmembers to the
Bakersfield Ministerial Association "Enough
is Enough" meeting on December 10, 1995, 3:00
p.m. at the Liberty Bell regarding ending of
crime and violence in the community.
Smith requestedPublic Works Traffic Division
take a closer look to see if stop signs are
warranted at the intersection at Panorama
Drive at Meadow Vista leading to all the
schools; heavily traveled. A young boy was
struck.
Smith requested a copy of the Traffic Studies
that are distributed to the Police Department
by Public Works.
Smith requested staff take a second look at
placing stop signs on University Avenue at
the park. She would like to visit the area
with Traffic Engineer or Mr. Rojas.
DeMond commented on Garces High School doing
a lot of work on the west side of the back
lot; and requested staff look at the triangle
to the west of the west side to possibly
scrape and place mulch in that area.
Bakersfield, California, November 29, 1995 - Page 15
14. ADJOURNMENT
ACTION TAKEN
Motion by DeMond to adjourn at 10:20 p.m.
APPROVED
MAYOR of the City of Bakersfield,
¢X
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
NOV29.MIN
12/15/95 11:20aM