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