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HomeMy WebLinkAbout12/13/1995 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 13, 1995 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEiN Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles (seated at 5:40), Sullivan (seated at 5:24), Salvaggio (seated at 5:19) Absent: None 2. PAVEMENT MANAGEMENT SYSTEM. Public Works Director Rojas introduced Public Works Civil Engineer III Shaw who distributed written material, entitled The State of the Pavement Address - Infrastructure Management and provided a slide presentation. CAPITAL IMPROVEMENT PROGRAM UPDATE. Public Works Civil Engineer IV LaRochelie introduced staff, distributed written material, entitled CIP Status - Capital Improvements Project and provided a slide presentation. Motion by DeMond to recess to Closed Session at 5:52 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. Conference with City's Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957.6. Employee Organization: Blue and White Collar Units. CITY ATTORNF;y RECEIVED DIRECTION UPDATE RECEIVED Bakersfield, California, December 13, 1995 - Page 2 CLOSED SESSION ACTION TAKE]~ 3 o Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to Government Code Section 54956.9(a) in the case of Bakersfield Firemen Labor Organization vs. city of Bakersfield and Alan Tandy, Kern Superior Court Case No. 226892- NFT. NEGOTIATOR RECEIVED DIRECTION Motion by DeMond to adjourn from Closed Session at 7:02 p.m. APPROVED REGULAR MEETING - 7: oo P.M. 1501 Truxtun Avenue, Mayor Price convened the meeting at 7:08 p.m. ~N¥OCAI~ON by Mayor Price PLEDGE OF A~ ~ FGIANCE ROLLCALL Present: - Council Chambers, City Hall Bakersfield Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio None action Absent: CLOSED SESSION ACTION Mayor Price announced Closed Session as reflected on Pages 1 and 2. ACTION TAKEN 5o PRESENTATIONS City Manager Tandy introduced new City employees: City Manager's Office Administrative Assistant Rhonda Smiley; and Management Information Services Director Bob Trammell. Mayor Price announced Reporter Brent Rush would be moving to Dallas, Texas. Motion by DeMond to add New Business Item 12.g. that arose after the Agenda was posted and requires action tonight: APPROVED Bakersfield, California, December 13, 1995 - Page 3 12. NEW BUSINESS ACTION TAKEN Resolution requesting Burlington Northern and Santa Fe Railroad keep the California Intermodal Ramp open. PUBUC STATEMENTS Dennis Fox spoke regarding precision in proposals; and distributed written material. bo Dr. Girish Patel, M.D., spoke regarding the Bakersfield Bridge. Co The following individuals spoke regarding the Kern River Freeway Alignment: Dennis Bainbridge; Peggy Bainbridge; and Mike Perez. The following individuals spoke regarding median island landscaping on Stockdale Highway: Jeanne Swigart; William Paynter; and Cliff Trotter. McDermott referred the Stockdale Highway median landscaping issue to Urban Development Committee. APPOINTMENTS One (1) appointment to the Police Department Civil Service Board due to the expiration of term of William R. Perry, term expiring December 31, 1995. (4 applications received) First Ballot Votes ranked by preference: Ward 1 - Perry Ward 2 - Perry, Nadal, LeDoux Ward 3 - Perry Ward 4 - Perry Ward 5 - Perry, Witte, Nadal Ward 6 - Perry Ward 7 - Perry Deputy Clerk Zaragoza announced the individuals receiving the highest number of votes were William R. Perry and Maurice Nadal. Bakersfield, California, December 13, 1995 - Page 4 7. APPOINTMENTS continued ACTION TAKEN Motion by McDermott to reappoint William Perry, term to expire December 31, 1998. APPROVED One (1) appointment to the Fire Department Civil Service Board due to the expiration of term of Harold L. Matlock, term expiring December 31, 1995. (3 applications received) First Ballot Votes ranked by preference: Ward 1 - LeDoux Ward 2 - Hansen, Ward 3 - LeDoux Ward 4 - LeDoux, Ward 5 - Hansen, Ward 6 - Hansen Ward 7 - LeDoux LeDoux Hansen Nadal, LeDoux Deputy Clerk Zaragoza announced the individuals receiving the highest number of votes were Todd Hansen and James W. LeDoux. Second Ballot Votes: Ward 1 - LeDoux Ward 2 - Hansen Ward 3 - LeDoux Ward 4 - LeDoux Ward 5 - Hansen Ward 6 - Hansen Ward 7 - LeDoux Deputy Clerk Zaragoza announced the individual receiving the highest number of votes was James W. LeDoux. Motion by Salvaggio to appoint James W. LeDoux, effective the day after retirement, term to expire December 31, 1998. APPROVED Two (2) appointments to the Miscellan- eous Department Civil Service Board due to the expiration of terms of Gonzalo E. Ramirez and Florence Norwood, terms expiring December 31, 1995. (4 appli- cations received) Bakersfield, California, December 13, 1995 - Page 5 7. APPOINTMENTS continued ACTION TAKEN Motion by McDermott to reappoint Florence Norwood and Gonzalo Ramirez. NAT First Ballot Votes ranked by preference: Ward 1 - Norwood, Ramirez Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 - Ramirez, Norwood - Norwood Ramirez - Norwood, Ramirez - Nadal, Ramirez, Norwood - Ramirez and Norwood - Ramirez Deputy Clerk Zaragoza announced the individuals receiving the highest number of votes were Florence Norwood and Gonzalo Ramirez. Motion by DeMond to reappoint Florence Norwood and Gonzalo Ramirez, terms to expire December 31, 1998. APPROVED do One (1) appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Scott Gerald Ladd, term expiring December 31, 1995. (3 applications received) First Ballot Votes ranked by preference: Ward 1 - Bedard Ward 2 - Ladd Ward 3 - Bedard, Ladd Ward 4 - Bedard, Ladd Ward 5 - Ladd Ward 6 - Ladd Ward 7 - Ladd Deputy Clerk Zaragoza announced the individuals receiving the highest number of votes were Scott Gerald Ladd and Franklin Bedard. Second Ballot Votes: Ward 1 - Bedard Ward 2 - Ladd Ward 3 Bedard Ward 4 Bedard Ward 5 Ladd Ward 6 - Ladd Ward 7 - Ladd Bakersfield, California, December 13, 1995 - Page 6 7. APPOINTMENTS continued ACTION TAKEN do Deputy Clerk Zaragoza announced the individual receiving the highest number of votes was Scott Gerald Ladd. Motion by DeMond to reappoint Scott Gerald Ladd, term to expire December 31, 1997. APPROVED Seven (7) appointments to the Community Advisory Council due to the expiration of terms of Martin Castro, Karen Shah, John Spencer, Irma Carson, Patricia J. DeMond, David Lyman and John F. Wager, Jr., terms expiring December 31, 1995. (2 applications for At-Large and 1 application for Community Based Organization received) Motion by Salvaggio to reappoint Irma Carson, Patricia J. DeMond, David Lyman, John F. Wager, Jr. Martin Castro and John Spencer; and appoint Todd Hansen, terms to expire December 31, 1996. APPROVED CONSENTCALENDAR Payments from November 10 to December 1, 1995 in the amount of $5,970,215.78 and Self Insurance payments from November 10 to December 1, 1995, in the amount of $322,390.67. Minutes of the Workshop, and Regular Meeting of 1995. Closed Session November 29, Resolution of Intention No. 1141 declaring the City's intention to establish Maintenance District No. 3-09 (Interim), (Wible/McKee), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) Resolution of Intention No. 1142 declaring the City's intention to establish Maintenance District No. 3-10 (Interim), (Colony Park), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Bakersfield, California, December 13, 1995 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN ho j o Resolution establishing Maintenance District No. 1-11 (Interim), (Jewetta/Birchhaven) confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Resolution approving proposed Amendment No. 192-15A to the County of Kern Solid Waste Management Plan (CoSWMP). (U.S. Borax, Inc., existing Private Class III Landfill Site and Mining Waste Management Unit) Resolution directing the Public Works Director to construct curbs, gutters and sidewalks along portions of Garnsey Avenue, Garnsey Lane, Real Road, San Marino Drive and Phaffle Street, confirming the assessments and authorizing collection of the assessments by the Kern County Tax Collector. (Ward 6) Resolution fixing the dates of Regular Meetings and Budget Hearings of the Council for 1996. Resolution adopting City schedule of paid holidays for Blue and White Collar, General Supervisory, Police Supervisory and Management Units. Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 5697, Phase 2, located south of Harris Road west of Stine Road. (Ward 6) Consultant's Agreement with Boyle Engineering Corporation for engineering services for design of Ten Million Gallon Potable Water Storage Reservoir. (Ward 4) Independent Contractor's Agreement with Camscan for video inspection services; and appropriate $130,000 Sewer Enterprise Fund balance to the Capital Improvement Budget within the Sewer Enterprise Fund. REMOVED FOR SEPARATE CONSIDERATION RES 187-95 RES 188-95 RES 189-95 RES 190-95 AGR 95-291 AGR 95-292 AGR 95-293 Bakersfield, California, December 13, 1995 - Page 8 8. CONSENTCALENDAR continued ACTION TAKE]~ Cooperative Agreement with State of California, Department of Transportation (CalTrans) regarding the Panama Lane Overcrossing Project. Agreement with Community Service Organization (CSO) for rehabilitation assistance of their new facility located at 713 Lake Street. (Ward 2) Agreement with Dr. Ernest M. Solano, Ph.D., to perform as psychologist for the City's Police Department. Amendment No. 1 to Agreement No. 95-239 with DeVille Homes for construction of roadway improvements on Hageman Road east of Fruitvale Avenue; and appropriate $93,000 Gas Tax Fund Balance to the Capital Improvement Budget within the Gas Tax Fund. Amendment No. 2 to Agreement No. 95-256 with Robert Verlaan Associates to analyze Marketplace parking and internal circulation. (Ward 4) Transfer $24,600 Council Contingency to the Financial Services Operating Budget within the General Fund for Sales and Property Tax Audit Services for 1995-96. Amendment No. 1 to Sales Tax Audit Agreement No. 95-141 with Hinderliter, DeLlamas and Associates (HdL). Accept bid to award Contract to Wallace & Smith Contractors ($874,895.75) for construction of Fire Station No. 13 and related offsite work; and appropriate $200,000 fund balance to the Fire Department Capital Improvement Budget within the Capital Outlay Fund. (Ward 6) Accept bid to award Contract to Granite Construction Company ($379,820) for White Lane Improvements from Real Road to South H Street; and transfer $90,000 project savings from the Street Improvements on Garnsey Avenue and Garnsey Lane project to the Capital Improvement Budget in the Gas Tax Fund. REMOVED FOR SEPARATE CONSIDERATION AGR 95-294 AGR 95-295 AGR 95-296 AGR 95-297 AGR 95-298 REMOVED FOR SEPARATE CONSIDERATION CON 95-299 Bakersfield, California, December 13, 1995 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Xo bb. cc. es. ff. Accept bid to award Contract to Griffith Company ($359,750) for construction of Coffee Road and Brimhall Road widening. (Ward 4) Accept bid to award Contract to Gomez King ($148,577) for various street improvements in Garnsey Avenue and San Marino Drive areas. (Wards 5 & 6) Accept bid to award Annual Contract to Jim Alfter, Cement Contractor ($428,682 unit price comparison only) for curbs, gutters and sidewalks. Accept low bids from McCain Traffic Supply ($39,791.90) and Jerry E. Fondaw & Associates, Inc. ($27,720.65) for traffic control equipment. (Total $67,512.55) Accept bid from Jim Burke Ford ($157,924.29) for 9 mid-size sedans. Accept bid from Gunderson Chevrolet ($81,111.80) for 4 full-size replacement sedans. Amendment No.5 to FY 1993-94 ($24,735) and Amendment No. 3 to FY 1995-96 ($67,000) Action Plan of the Consolidated Plan 2000 (CDBG). Comprehensive Annual Financial Report for the 1994-95 fiscal year. Central District Development Agency of the City of Bakersfield California Component Unit Financial Report for Fiscal Year ended June 30, 1995. Annual Report of Financial Transaction of the Central District Development Agency to the State Controller. Joint City/County Service Efforts. (Staff recommends Council concurrence of the proposed listing to begin coordinated and cooperative services efforts) CON 95-300 CON 95-301 CON 95-302 AGR 95-311 AGR 95-312 Bakersfield, California, December 13, 1995 - Page 10 CONSENTCALENDAR continued gg. Organizational changes and position reclassifications: Resolution amending Resolution No. 109-94 setting salaries and related benefits for employees of the General Supervisory and Management Units. (Personnel Committee recommends approval of recommendations and adoption of Resolution) Motion by DeMond to adopt Items (a) through (gg) of the Consent Calendar, with the exception of Items e., m. and t.; Rowles abstaining on Item k. due to a previous business relationship, Item t. due to employer participation in competitive bid process; and Item bb. due to employer possibly participating in the project. Resolution establishing Maintenance District No. 1-11 (Interim), (Jewetta/Birchhaven) confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Motion by DeMond to adopt Item e. of the Consent Calendar. mo Cooperative Agreement with State of California, Department of Transportation (CalTrans) regarding the Panama Lane Overcrossing Project. Motion by Salvaggio to adopt Item m. of the Consent Calendar. Accept bid to award Contract to Wallace & Smith Contractors ($874,895.75) for construction of Fire Station No. 13 and related offsite work; and appropriate $200,000 fund balance to the Fire Department Capital Improvement Budget within the Capital Outlay Fund. (Ward 6) Motion by McDermott to adopt Item t. of the Consent Calendar and requested an update on how the needs of the Buena Vista Fire Station area are being met. ACTION TAKEN RES 191-95 APPROVED RES 192-95 APPROVED NS CARSON MCDERMOTT ROWLES AGR 95-303 APPROVED CON 95-304 APPROVED ABROWLES Bakersfield, California, December 13, 1995 - Page 11 ~ 9. HEARINGS ACTION TAKEN Appeal by George R. Dickey, Alta Hughes Engineering Surveying, of the Planning Commission decision to disapprove a request for extension of time for Tentative Tract 5301, located northwest of the intersection of Paladino Drive and Morning Drive. (Ward 3) Development Services Director Hardisty provided background information. Hearing opened at 8:02 p.mo Appellant George Dickey, Alta Hughes Engineering Surveying, spoke in opposition to staff recommendation. Hearing closed at 8:05 p.m. Motion by Smith to adopt Resolution upholding the decision of the Planning Commission disapproving the extension of time for Tentative Tract 5301o RES 193-95 APPROVED NS ROWLES Public Hearing to review the Kern County and Incorporated Cities Solid Waste Facility Siting Element and Summary Plan. Hearing opened at 8:12 p.m. Nancy Ewert, Kern County Waste Management Department, spoke and submitted bound written materials. Hearing closed at 8:16 p.m. Carson recognized Daphne Washington, Director, Kern County Waste Management Department, to speak. 10. REPORTS Bakersfield, California, December 13, 1995 - Page 12 DEFERRED BUSINESS ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 103-28 and 103-29 by changing the zoning from Neighborboo4 Commercial to Limited Multiple Family Dwelling on 19.4 acres, located on the north and south sides of Monterey Avenue between King and William Streets. (GPA 3-95, Segment II, ZC 5655) (Ward 2) (First Reading 11/29/95) 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. (First Reading 11/29/95) Motion by DeMond to adopt Items a. and b. of Deferred Business. ORD 3694 ORD 3695 APPROVED Ordinance amending Chapter 2.60 of the Bakersfield Municipal Code relating to Citizens Community Services Advisory Committee. (First Reading 11/29/95) Motion by Carson to adopt the Proposed Amended Ordinance which allows for reappointment of members from 1998 to 1996 under Section 2.60.020. FR NAT Amended motion by Carson to give First Reading to the Proposed Amended Ordinance with an amendment to establish the terms of current committee members to expire January 1, 1997; and, thereafter, terms will run concurrent with the appointing Councilmember. NAT Bakersfield, California, December 13, 1995 - Page 13 11. DEFERRED BUSINESS continued ACTION TAKEN Speed Hump Pilot Program. Motion by Salvaggio to refer the issue to Urban Development Committee and bring back with recommendation. NAT Salvaggio requested the correspondence and petitions received by Public Works Department from Chester W. Nimitz residents be provided to the Urban Development Committee for consideration for speed humps. 1996 Health Care Contracts: Amendment No. 2 to Agreement No. 93-266 with Blue Cross/california Care for Health Maintenance Organization Services. Amendment No. 2 to Agreement No. 93-267 with Blue Cross (Wellpoint Life Insurance) for Indemnity Health and Dental Services. Amendment No. 3 to Agreement No. 92-278 with Cal/Group Trust (Medical Eye Services) for Vision Services. Amendment No. 4 to Agreement No. 91-280 with Dedicated Dental Services, Inc. for Dental Services. Amendment No. 4 to Agreement No. 92-281 with Health Benefit Inc. for Dental Services. Salvaggio recognized Herbert V. Kaighan, Senior Vice President, Goodwins Booke & Dickenson, to speak. AGR 95-305 AGR 95-306 AGR 95-307 AGR 95-308 AGR 95-309 Motion by DeMond to implement the APPROVED recommendations and approve Agreements. NS CARSON Bakersfield, California, December 13, 1995 - Page 14 12. NEW BUSINESS ACTION TAKEN ao Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 102-31 by changing the zoning of 229 acres located west of Calloway Drive, east of the Goose Lake Slough/Rio Bravo Canal between the Specific Plan Line for the Kern River Freeway and the Cross Valley Canal from Planned Unit Development to Planned Unit Development. (ZC 5666) (Ward 4) Motion by McDermott to give First Reading to Ordinance with amendments to: · Condition No. 53. - Strike the words in parenthesis "(not to exceed $30,000)", and state "The staging area will be built subject to park credits from North of the River, if the Park Development Program is establishedby NOR." · Condition No. 22. - Amend the wording of the second sentence to read "--- time of issuance of the first building permit." FR NAT Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-28 by changing the zoning of 4.4 acres located southeast of Washington Street and Edison Highway from County Medium Industrial to city of Bakersfield General Manufacturing. (Prezoning 5656) (Ward 1) Emergency Ordinance amending Chapter 15.64 of the Bakersfield Municipal Code relating to the Uniform Fire Code. Motion by DeMond to adopt Emergency Ordinance adopting the Uniform Fire Code. FR ORD 3696 APPROVED Resolution in support of the State Route 58 Alternate Study and the Proposed Buildable Segment. (Wards 4 & 5) Motion by McDermott to adopt Resolution. RES 194-95 APPROVED NS DEMOND SALVAGGIO Bakersfield, California, December 13, 1995 - Page 15 ~.k , 12. NL=WBUSINESS continued ACTION TAKE:N Agreement with Gary Gatone to continue to operate municipal farm utilizing wastewater in farming operations. (Ward l) Motion by Carson to adopt Agreement. AGR 95-310 APPROVED Arguments pertaining to Ballot Measures "A", "B" and "C" amending the Bakersfield City Charter at the March 26, 1996 Election. Motion by Rowles to accept the language for Measures "B" and "C"; accept the amended language for Measure "A", removing the words "---under Qualifications of Councilmen"; and authorize the filing of written arguments in favor of City-sponsored ballot measures. APPROVED Resolution requesting Burlington Northern and Santa Fe Railroad keep the California Intermodal Ramp open. Motion by DeMond to adopt Resolution. RES 195-95 APPROVED 13 o COUNCIL STATEMENTS Smith asked what the policy is regarding removal of signs advertising yard sales, et al. Community Services Director Hardisty responded. Salvaggio referred to Development Services Director Hardisty for Dennis Fidlet the vacant lot on Teal Street at E1 Alisal Street; asked if the lot was in the cleanup process, if owners have complied, etc.; and requested the sidewalk at least be cleaned from obstructions. McDermott requested staff consider a proposal that allows building Brimhall Road, from Coffee Road to Calloway Drive, to its full width. Bakersfield, California, December 13, 1995 - Page 16 13. COUNCIL STATEMENTS continued ACTION TAKEN McDermott recommended a maintenance district be formed prior to expending money for the Chester Avenue Streetscape. DeMond requested Chief Kelly meet with the State Farm person regarding funding a disaster/earthquake preparedness seminar. 14. ADJOURNMENT Motion by DeMond to adjourn at 9:33 p.m. APPROVED MA~OR of the City of Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA OEC13.A 1/ 9/96 3:33pa