HomeMy WebLinkAbout12/04/1996 MINUTES CC273
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 4, 1996
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLLCALL
ACTION TAKEN
Present:
Absent:
Councilmembers DeMond, Carson,
Smith, Rowles, Sullivan
Mayor Price, Councilmembers
McDermott, Salvaggio
CITY COUNCIL INSTALLATION CEREMONY AND
RECEPTION.
Invocation by Monsignor Michael Braun, Our
Lady of Perpetual Help Church.
Presentation of Colors and Pledge of
Allegiance by Bakersfield High School Air
Force Junior R.O.T.C.
Vice Mayor DeMond introduced family and
friends of hers, Jacquie Sullivan's, Randy
Rowle's.
Certificate of Election and Administration
of Oath of office to Pat DeMond, Randy
Rowles and Jacquie Sullivan by Acting City
Clerk McCarthy.
Benediction by Monsignor Michael Braun, Our
Lady of Perpetual Help Church.
Motion by Sullivan to add a second
Potential Litigation case to Closed Session
that arose after the Agenda was posted and
requires action this evening.
APPROVED
AB MCDERMOTT
SALVAGGIO
Motion by Carson to recess to the Reception
and Closed Session at 5:35 p.m.
CLOSED SESSION
APPROVED
AB MCDERMOTT
SALVAGGIO
Conference with Legal Counsel - Potential
Litigation. Initiation of litigation
pursuant to Government Code Section
54956.9(c}. Two potential case.
CITY ATTORNEY
RECEIVED
INSTRUCTIONS
Motion by Smith to adjourn Closed Session
at 6:50 p.m.
APPROVED
AB MCDERMOTT
SALVAGGIO
Bakersfield, California, December 4, 1996 - Page 2
REGULAR MEETI;NG - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
DeMond requested a moment of silence in honor of Mayor Price's
wife, Dorothy Price.
2 74
INVOCATION by Dale Hawley, Lay Leader, Director, First Assembly
of God Church.
PLEDGE OFALLEGIANCEby Randy Rowles.
ROLLCALL
ACTION TAKEN
Present: Councilmembers DeMond, Carson,
Smith, McDermott, Rowles,
Sullivan, Salvagg~o (sea.ted at
7:12)
Absent: Mayor Price
CLOSED SESSION ACTION
Vice Mayor DeMond announced Closed Session
action as reflected oK Page 1.
PRESENTATIONS
Presentation of proclamation by Vice
Mayor Pat De~ond to Steve Schilling,
Clinica Sierra Vista, proclaiming
December 7, 1996, as Clinica Sierra
Vista Day.
Steve Schilling spoke and distributed
written material entitled Clinica
Sierra Vista - 25 Years of Caring For
Our Community.
PUBLIC STATEMENTS
Howard Silver spoke regarding the
Golden Empire Transit Board.
Ayo Ogundare, Pacific Resources, spoke
regarding the annual contract for
curbs, gutters and sidewalks. (Item 8.
o.)
Marvin Armas, Secretary/Treasure,
United Food and Commercial Workers
Union Local 1036, spoke in opposition
to approving financial assistance to
both Consent Calendar Items 8. j. and
k.
Bakersfield, Cali~ornia, December 4~
PUBLIC STATEMENTS continued
1996 - Page 3
ACTION TAKEN
Leonard Tekaat, spoke in opposition to
the Transportation Impact Fee. (Item
(Public Statements continued on Page 9)
APPOINTMENTS
One appointment to the Fire Department
Civil Service Board due to the
expiration of term of Max R. Morris,
term expiring December 31, 1996.
One appointment to the Police
Department Civil Service Board due to
the expiration of term of Kenneth E.
Vetter, term expiring December 31,
1996.
Two appo~intments to the Miscellaneous
Departments Civil Service Board due to
the expiration of terms of Barbara
Donnelly and Kirby W. Embrey, terms
expiring December 31, 1996.
Motion by Salvaggio to reappoint Max
R. Morris to the Fire Department Civil
Service Board, Kenneth E. Vetter to
the Police Department Civil Service
Board, and Barbara Donnelly to the
Miscellaneous Departments Civil
Service Board, terms to expire
December 31, 1999.
APPROVED
CONSENT CALENDAR
Payments from November 9 to November
15, 1996 in the amount of
$1,458,852.20; and Self Insurance
payments from November 9 to November
15, 1996 in the amount of $8,798.82.
Minutes of the November 20, 1996
Council Meeting.
Resolution of Intention No. 1152
declaring the City's intention to add
territory (Area 4-12, Camino La Paz)
to the Consolidated Maintenance
District and preliminarily adopting,
confirming and approving Public Works
Director's Report. (Ward 3)
8e
Bakersfield, California, December 4, 1996 - Page 4
CONSENT CALENDAR continued
de
fe
he
Resolution of Application proposing
proceedings for reorganization of
territory by annexing to the City and
detachment from the Kern Sanitation
Authority property identified as
Annexation No. 393, Chester No. 3
Annexation, located along Chester
Avenue between 34th Street and West
Columbus Avenue. (Wards 2 & 5)
Resolution dispensing with bidding
procedure for sole source vendor,
Color Connection, for anti-graffiti
vans, not to exceed $195,000.
Resolution declaring the results of
the General Municipal Election for the
election of Councilmembers to the City
Council for Wards 2, 5 and 6 held in
the City of Bakersfield on November 5,
1996.
Final Map and Improvement Agreement
with St. Clair Development Company for
Tract 5698 located south of Harris
Road and west of Stine Road.
Amendment No. 1 to Agreement No. 93-
219 with the Society for the
Prevention of Cruelty to Animals
(SPCA) to provide for the expansion of
animal control facilities.
Agreement with Anjuman-E-Hakimi for
City to sell 3 acres east of Akers
Road, north of Alum Avenue extended,
for $105,000. (Ward 6)
Agreement with Southwest Contractors
Inc. to purchase property at 1500
South Union Avenue.
Agreement with Hammons Meat Sales,
Inc. for financial assistance to
purchase refrigeration equipment.
Amendment No. 1 to Lease Agreement No.
90-81 with Bethany Service Center for
renewal of lease of the Bakersfield
Homeless Center, 1600 East Truxtun
Avenue, for 10 years. (Ward 2)
ACTION TAKEN
RES 137-96
RES 138-96
RES 139-96
AGR 96-331
AGR 96-332
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 96-333
277
Bakersfield, California, December 4~
CONSENTCALENDARcontinued
mo
Accept bid to award Contract to JTS
Construction ($29,672) for kitchen
expansion at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue.
(Ward 1)
Contract with Colombo Construction and
agreement with Frontier Pacific
Insurance Company for completion of
Police Department addition.
Accept low bid to award Annual
Contract to Pacific Resources (not to
exceed $768,274 unit price comparison
only) for curbs, gutters and
sidewalks, contingent upon procurement
by Pacific Resources of a $50,000
faithful performance bond and a
$50,000 labor/materials bond.
Accept bid from Three Way Chevrolet
($33,060.48) for a replacement 2-
wheel-drive Suburban Command Unit for
Fire Department.
Accept bids from Econolite Control
Products, Inc. ($101,967.94),
Henberger Company ($75,562.99) and
Jerry E. Fondaw and Associates
($22,400.24) for traffic control
equipment. Total: $199,931.17.
me
Appropriate and transfer $950,000 Fund
Balance and $750,000 PERS Rebate from
General Fund; $500,000 Refuse Fund
Reimbursement and $600,000 Litigation
Settlement from the Self Insurance
Fund to the Facilities Replacement
Reserve.
Se
Appropriate $30,000 Fund Balance to
the Capital Project Budget within the
Off-Street Parking Fund for litigation
settlement related to New World
Recycling eminent domain proceeding.
Motion by Rowlee to adopt Items (a) through
(s) of the Consent Calendar; with the
exception of Items i., j., k., n. and o.
1996 - Page 5
ACTION TAKEN
CON 96-334
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, .California, December 4, 1996 - Page 6
CONSENTCALENDARcontinued
ACTION TAKEN
Agreement with Anjuman-E-Hakimi for AGR 96-335
City to sell 3 acres east of Akers DEED 4650
Road, north of Alum Avenue extended,
for $105,000. (Ward 6)
Motion by Sullivan to adopt Consent APPROVED
Calendar Item i.
27'$
Agreement with Southwest Contractors
Inc. to p~rchase property at 1500
South Union Avenue.
Motion by Salvaggio to adopt Consent
Calendar Item j.
AGR 96-336
APPROVED
Agreement with Hammons Meat Sales,
Inc. for financial assistance to
purchase refrigeration equipment.
Motion by Carson to adopt Consent
Calendar Item k.
Contract with Colombo Construction and
Agreement with Frontier ~acific
Insurance Company for completion of
Police Department addition.
Motion by Salvaggio to adopt Consent
Calendar Item n.
AGR 96-337
APPROVED
NS MCDERMOTT
SALVAGGIO
CON 96-338
AGR 96-339
APPROVED
ABS ROWLES
Accept low bid to award Annual
Contract to Pacific Resources (not to
exceed $768,274 unit price comparison
only) for curbs, gutters and
sidewalks, contingent upon procurement
by Pacific Resources of a $50,000
faithful performance bond and a
$50,000 labor/materials bond.
Motion by Rowles to continue this item
for 2 weeks and direct staff to
provide, by memo, the chronology of
events that took place regarding the
bid procedure and bond issue; and
bring back with a final recommendation
at the December 18, 1996 meeting.
APPROVED
NS MCDERMOTT
279
Bakersfield, California, December 4~ 1996 - Page 7
CONSENT CALENDAR continued
DeMond requested staff advise if this
can this be contracted in smaller
amounts to work within the bonding
principle.
ACTION TAKEN
Motion by McDermott to reconsider
Consent Calendar Item r.
Appropriate and transfer $950,000 Fund
Balance and $750,000 PERS Rebate from
General Fund; $500,000 Refuse Fund
Reimbursement and $600,000 Litigation
Settlement from the Self Insurance
Fund to the Facilities Replacement
Reserve.
Rowles announced abstention due to
employer participation in project.
Motion by McDermott to adopt Consent
Calendar Item r.
HEARINGS
Hearing as required by Resolution of
Intention No. 1144 0rder~ng the
vacation of the plzblio street right-
of-way for Kendall Way and Weyhridge
Drive in Tract No. 5220. (Ward 4)
Hearing opened at 8:00 p.m.
No one spoke at hearing.
Hearing closed at 8:01 p.m.
Motion by McDermott to adopt
Resolution.
APPROVED
APPROVED
ABS ROWLES
RES 140-96
APPROVED
AB CARSON
Hearing to consider a Resolution
modifying the 1996-2015 Regional
Transportation Improvement Plan and
Fee Schedule.
Correspondence was received in support
of staff recommendation from James K.
Rummell.
Public Works Director Rojas introduced
Civil Engineer Shaw who provided
background information.
RES 141-96
Bakersfield, California, December 4,
HEARINGS continued
b. ~ ~Hearing opened at 8:06 p.m.
Barbara Martin, Building Industry
Association of Kern County, spoke in
support of staff recommendation.
Hearing closed at 8:07 p.m.
Motion by McDermott to adopt
Resolution.
1996 - Page 8
ACTION TAKEN
APPROVED
Transportation Impact Fees:
Ordinance amending Chapter 15.84
of the Bakersfield Municipal Code
relating to a Transportation
Impact Fee on new development.
(First Reading 10/23/96)
Hearing to consider a Resolution
adopting the 1996-2015 Regional
Transportation Capital
Improvement Plan and Fee
Schedule.
Public Works Director Rojas introduced
Civil Engineer Shaw who provided
background information and announced a
change to Exhibit A, as distributed.
Hearing opened at 8:10 p.m.
The following individuals spoke in
support of staff recommendation:
Barbara Martin, Building ~ndustry
Association of Kern County; Roger
Mcintosh, Martin-McIntosh. Engingering;
Lee Jamieson; and Greg Bynum, Bynum &
Associates.
Hearing closed at 8:16 p.m.
ORD 3 736
RES 142-96
Motion by McDermott to adopt Ordinance
and Resolution, with change provided
to Exhibit A.
NAT
Bakersfield, California, December 4,
HEARINGS continued
Friendly amendment by Salvaggio to
include referring the issue of
studying and implementing a policy of
identifying and qualifying large
retail projects to Urban Development
Committee.
1996 - Page 9
ACTION TAKEN
ACCEPTED BY
MCDERMOTT
Motion byMcDermott to adopt Ordinance
and Resolution, with change provided
to Exhibit A; and refer the issue of
studying and implementing a policy of
identifying and qualifying large
retail projects to Urban Development
Committee.
APPROVED
DeMond announced a 5-minutes recess at
8:36 p.m. and reconvened the meeting
at 8:41 p.m.
10.
REPORTS
a. City Manager Oral Report No. 15-96
regarding Convention Center Expansion.
Rowles announced abstention due
employer participation in project.
6o
PUBLICSTATEMENTS continued
Oscar Anthony spoke of concerns
regarding the Amendment to Agreement
with John Q. Hammons Hotels. (Item 12.
a.)
(Public Statements continued on Page 11)
10. REPORTS continued
City Manager Tandy provided an update
and distributed written material
entitled Status of Centennial ~laza
and Convention Center Expansion #2.
City Manager Report No. 14-96
regarding Status of Code Enforcement
Section of the Development Services
Department.
Bakersfield, California, December 4, 1996 - Page 10
10. REPORTS continued
be
Development Services Director Hardisty
provided an overview of Code
Enforcement.
ACTION TAKEN
Ad Hoc Fire Services Committee Oral
Report.
Fire Chief Kelly
status of projects
Services Committee.
provided a brief
at the Ad Hoc Fire
11. DEFERRED BUSINESS
a. Ordinance amending Title 17 of ~he ORD 3737
Bakersfield Municipal Code and Zoning
Map Nos. 102-13, 102-24, 103-18 and
103-19 by prezoning to city L~mited
Multiple Family Dwelling (one dwelling
per 2,500 square feet of lot area);
Limited Multi-Family Dwelling, (one
dwelling per 1,250 square feet of lot
area); General Commercial, Light
Manufacturing and General
Manufacturing on 173 acres, located
along Chester Avenue between 34th
Street and West ColumbUS and between
Golden State Avenue and O Street.
(Concurrent GPA and ZC P96-0627, Wards
2 & 5) (First Reading 11/20/96)
be
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-17 from Limited Multiple
Family Dwelling (1,250 square feet
minimum lot area per dwelling unit) to
Limited Multiple Family Residential
(2,500 square feet minimum lot area
per dwelling unit) on 16.2 acres,
located on the east side of Old River
Road, between Campus Park Drive on the
north and Pacheco Road on the south.
(GPA and ZC P96-0544, Ward 4) (First
Reading 11/20/96)
Development Services Director Hardisty
provided background information.
Motion by McDermott to adopt Deferred
Business Items a. and b., including
the amendment to the legal
description.
ORD 3738
APPROVED
AB ROWLES
Bakersfield, California, December 4, 1996
12. NEW BUSINESS
Amendment No. I to Disposition and
Development Agreement No. 94-59 with
John Q. Hammons Hotels.
Rowles announced abstention due to
employer participation in project.
- Page 11
ACTION TAKEN
AGR 96-340
PUBLIC STATEMENTS continued
Continued Public Statement by Oscar
Anthony in opposition to the Amendment
to Agreement with John Q. Hammons
Hotels.
Ann Everly; and Donald Vereen, Pastor,
Lighthouse Christian Ministries, spoke
in oppositi0h to the Amendment to
Agreement with John Q. Hammons.
12. NEW BUSINESS continued
City Manager Tandy provided background
information; and welcomed the public
speakers, et al. to meet with staff.
Vice-Mayor DeMond recognized Oscar
Anthony to speak.
Salvaggio requested City Manager Tandy
to redistribute copies of his memo
regarding the Amendment to Development
Agreement with John Q. Hammons, dated
December 3, 1996, to Council.
Salvaggio requested staff meet with
the citizen's group, prior to the
December 18, 1996 Council meeting,
regarding CDBG Funds and the
Centennial Plaza.
be
Motion by McDermott
Amendment to Agreement.
to approve
Election of Vice-Mayor.
Motion by McDermott to appoint
Rowles as Vice-Mayor.
Randy
APPROVED
ABS CARSON
ROWLES
APPROVED
AB SALVAGGIO
Bakersfield, California, December 4, 1996 - Page 12
12. NEW BUSINESS continued
Resolution setting the dates of
Regular city Council Meetings for
January through December 1997.
Motion by Smith to adopt Resolution.
13. COUNCIL STATEMENTS
Carson requested staff bring back a
recommendation for a funding option for the
Southeast Redevelopment Area; as Option B
being the preference.
ACTION TAKEN
RES 143-96
APPROVED
AB SALVAGGIO
Smith congratulated DeMond for her hard
work as Vice-Mayor the past 2 years.
Sullivan requested her speaker button be
repaired.
Sullivan inquired about installation of the
traffic signal at New Stine and Beechwood.
Public Works Director Rojas responded and
will provide a status report regarding the
time frame of the installation.
14.
ADJOURNMENT
Motion by McDermott at 9:50 p.m.
APPROVED
AB SALVAGGIO
O~fj'
the City of Bakersfield, CA
_~ST:
ACTING CITY CLERK and~X-OFFICIO CLERK of
the Council of the City of Bakersfield, CA
dec4.A
12/24/96 8:37am