HomeMy WebLinkAbout01/11/1995 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 11, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL ACTION TAKEN
Present: Mayor Price, Councilmembers
Carson, DeMond, Smith,
McDermott, Rowles, Salvaggio
(seated at 5:20)
Absent: None
2. CALIFORNIA HOT SPOT. (Film)
City Manager Tandy introduced the tape
promoting Bakersfield prepared by Bakers-
field National Organization for Women (NOW).
3. SPORTS COMPLEX/BASEBALL STADIUM.
City Manager Tandy introduced Dan Young,
Spectrum Inc., who provided a video and
slides and distributed the Bakersfield
Stadium Feasibility Study and Business
Plan.
George Nickel, landowner; and Roy Weygand,
President, Kern County Tax Payer's Associ-
ation, were recognized to speak.
Motion by DeMond to recess to Closed APPROVED
Session at 6:06 p.m.
CLOSED SESSION
1. Conference with Legal Counsel (Potential 1) APPRAISAL
Litigation). Initiation of litigation APPROVED FOR
pursuant to Government Code Section ROXANNE PROP-
54956.9(c). Two potential cases. ERTY FOR CAL-
IFURNIA AVENUE
WIDENING; AND
i
Bakersfield, California, January 11, 1995 - Page 2
CLOSED SESSION continued
ACTION TAKEN
2) AUTHORIZED
CITY ATTORNEY
TO FILE A SUIT
AGAINST BOND
UNDERWRITERS
RX"=,P.IENC9
REFSNES, INC.,
FOR GROSS
NEGLIGENCE
Motion by DeMond to adjourn from Closed APPROVED
Session at 6:30 p.m.
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Bishop Art Adams, The Church of Jesus Christ of
Latter-Day Saints.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Mayor Price, Councilmembers
Carson, DeMond, Smith,
McDermott, Rowles, Salvaggio
Absent: None
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1.
5. PRESENTATIONS
Mayor Price introduced the members of the
Youth Advisory Counsel.
6. PUBLIC STATEMENTS
a. Rich O'Neil, Vice President, Kern
River Parkway Foundation, spoke and
submitted correspondence regarding a
donation of labor and materials for
the Kern River Parkway at Coffee Road
and Truxtun Extension.
ACTION TAKEN
Bakersfield, California, January 11, 1995 - Page 3 ~y
6. PUBUC STATEMENTS continued ACTION TAKEN
a. Salvaggio referred this item to the
Community Services Committee for a
timely response back to Council.
b. Roy Weygand, President, Kern County
Tax Payer's Association, spoke regard-
ing the Fire Services Study. (8.m.)
C. The following individuals spoke regard-
ing the Kern River Freeway Alignment:
Roy Weygand, President, Kern County
Tax Payer's Association; Susan Weaver,
Executive Director, Kern Transportation
Foundation; and Greg Whitney, President,
Kern Economic Development Corporation;
Brian Batey.
McDermott announced the February 22nd
Workshop regarding the Kern River Free-
way Alignment in Council Chambers.
Motion by DeMond to approve Mayor APPROVED
Price to speak.
d. Mayor Price spoke regarding the Grand
Jury Report on the trip to Japan.
(Public Statements continued on Page 11)
7. APPOINTMENTS
a. Four (4) appointments to the Citizens'
Community Services Advisory Committee,
due to the expiration of terms of
Geraldine Spencer (Ward 1), W. R. Lamb
(Ward 3), Jack Goldsmith (Ward 4) and
Michael J. Fausett (Ward 7), terms
expired November 1994.
Motion to reappoint Jack Goldsmith APPROVED
(Ward 4), Geraldine Spencer (Ward 1),
W.R. Lamb (Ward 3) and appoint Olivia
J. Greenwood (Ward 7), terms to expire
November 1998.
Bakersfield, California, January 11, 1995 - Page 4
7. APPOINTMENTS continued
b.
Appointments to the Citizens' Advisory
Committee for the Metropolitan Bakers-
field Fire Services Study.
Motion by McDermott to extend the
application period, and appoint at
the January 25th meeting.
Mayor Price announced he would not vote
to break the tie.
Motion by Rowles to accept all eligible
late applications.
First Ballot Votes ranked by preference:
Ward 1 - Witte, Wynn, Cox
Ward 2 - Cox, Wynn, Jackson
Ward 3 - Cox, Wynn, Witte
Ward 4 - Brunni, Cox, Peal
Ward 5 - Brunni, Cox, Witte
Ward 6 - Vacant position
Ward 7 - Witte, Jackson, Cox
City Clerk Williams announced the
individual receiving the highest
number of votes was Louis D. Cox.
Motion by DeMond to appoint Louis D
Cox.
First Ballot Votes ranked by preference:
Ward 1 - Witte, Peal, Wynn
Ward 2 - Wynn, Jackson, Peal
Ward 3 - Wynn, Witte
Ward 4 - Brunni, Peal, Wynn
Ward 5 - Brunni, Witte
Ward 6 - Vacant position
Ward 7 - Witte, Jackson
City Clerk Williams announced the
individual receiving the highest
number of votes was Kenneth A. Witte.
ACTION TAKEN
FAILED (TIE)
NS DEMOND
CARSON
SMITH
APPROVED
NS DEMOND
SALVAGGIO
APPROVED
e)
Bakersfield, California, January 11, 1995 - Page 5
7.
APPOINTMENTS continued ACTION TAKEN
b. Motion by Carson to appoint Kenneth A. APPROVED
Witte.
First Ballot Votes ranked by preference:
Ward 1 - Wynn
Ward 2 - Wynn, Jackson, Peal
Ward 3 - Wynn
Ward 4 - Brunni
Ward 5 - Brunni
Ward 6 - Vacant position
Ward 7 - Jackson
City Clerk Williams announced the
individual receiving the highest
number of votes was David L. Wynn.
8
Motion by DeMond to appoint David L. APPROVED
Wynn. ABS ROWLES
C. Two (2) appointments to the Kern Econ-
omic Development Corporation (KEDC)
Board due to the reorganization of
Council.
Motion by DeMond to reappoint Mayor APPROVED
Price as Member and Kevin McDermott
as Alternate.
CONSENT CALENDAR
a. Approval of Voucher Nos. 4353 and 4559
to 5505 inclusive, in the amount of
$4,263,999.56 and Self Insurance Voucher
Nos. 1116 to 1370 inclusive, in the
amount of $151,810.60.
b. Minutes of the Closed Session and
Regular Meeting of December 14, 1994.
C. Notices of Completion and acceptance of
work for:
1. Contract No. 93-43 with Centex
Real Estate Corporation for Tract
No. 5372, Phase I, landscaping,
located on the southwest corner
of Calloway Drive and Reina Road,
completed December 9, 1994.
J
Bakersfield, California, January 11, 1995 - Page 6
8. CONSENT CALENDAR continued ACTION TAKEN
C. 2. Tract 5594, Unit B, with Hardt
Construction, located on the north
side of Hageman Road west of Old
Farm Road, completed December 29,
1994.
3. Contract No. 94-129 with Stine
Road Developers for Tract No. 5688,
Unit A, located on the north side
of Harris Road east of Ashe Road,
completed December 14, 1994.
d. Notice of Completion and acceptance of
work for Contract No. 94-151 with Indi-
ana Lumbermens Insurance Company for
construction of Ashe Water Well No.
L-204, located on Seabeck Avenue, east
of Calloway Drive, completed December
12, 1994. (Ward 4)
e. Resolution of Intention No. 1134 declar-
ing the City's intention to order the
vacation of the 33 foot wide alley in
Block 350, between 14th Street and the
A.T.& S.F. Railway Company tracks, from
M Street to N Street, in the City of
Bakersfield. (Ward 2)
f. Resolution determining that the Mobile RES 1-95
Data Terminals can be reasonably AGR 95-1
obtained from only one vendor, Motorola,
Inc., and authorizing the Finance Direc-
tor to dispense with bidding therefor;
and approval of Agreement to purchase
Mobile Data Terminals.
g. Final Map and Improvement Agreement with AGR 95-2
Hardt Construction for Tract 5594-B,
located on the north side of Hageman Road
approximately one quarter mile west of
Old Farm Road. (Ward 4)
h. Agreement with Cerro Coso Community AGR 95-3
College to allow the Bakersfield Police
Department to provide vocational train-
ing as the agent of Cerro Coso Community
College.
i. Agreement with The Nationwide Companies AGR 95-4
to provide the Bakersfield Police De-
partment with auction services for items
seized pursuant to Asset Forfeiture laws.
Bakersfield, California, January 11, 1995 - Page 7
8. CONSENT CALENDAR continued
j. Agreements with COPELCO Capital Corpora-
tion and C.A. Reding Company to lease a
Lanier Copier for the Police Department.
k. Agreement to indemnify LAFCO for Hage-
man No. 2 Annexation, Annexation No.
382, Proceeding 1171, located southwest
of Jewetta Avenue and Hageman Road.
(Ward 4)
1. Agreement with Pechin Associates Archi-
tects, AIA, for design of Fire Station
No. 13. (Ward 6)
M. Agreement with TriData Corporation in
the amount not to exceed $50,000 to
conduct the Metropolitan Bakersfield
Fire Services Study; and the transfer
of same from Council Contingency to
City Manager's operating Budget Capital
outlay fund.
n. Consultant's Agreement with Bookman-
Edmonston Engineering, Inc. for survey-
ing and engineering services for design
of widening bridges over the Arvin-
Edison Canal at South H Street (Ward 7),
Wible Road (Wards 6 & 7), Akers Road
(Ward 6), Stine Road (Ward 6) and
Panama Lane west of Stine Road (Ward 6).
o. Consultant's Agreement with Parsons
Brinckerhoff Quade & Douglas, Inc. for
design services related to the proposed
Panama Lane Overcrossing Widening Pro-
ject. (Ward 7)
P. Accept bid and award Contract to Gary
Lasater Construction, Inc., in the
amount of $73,792.00 for the construc-
tion of Bakersfield Homeless Center
Expansion. (Ward 2)
q. Accept bid to award Annual Contract
to Sturgeon and Son ($119,230.00) for
earthmoving and hauling, and reject
bids for green waste tub grinding.
ACTION TAKEN
REMOVED FOR
SEPARATE
AGR 95-5
DELETED
AGR 95-6
AGR 95-7
AGR 95-8
CON 95-9
CON 95-10
S)
Bakersfield, California, January 11, 1995 - Page 8
8.
CONSENT CALENDAR continued ACTION TAKEN
r. Accept bids to award Annual Contracts CON 95-11
to Imaging Products ($19,913.97; 28 CON 95-12
items); Sherman Oaks Camera ($14,662.36; CON 95-13
22 items); Dixie Sales ($11,954.14; 5 CON 95-14
items) and Canoga Camera ($6,768.17;
23 items) for camera film stock for
Police, Fire, and Public Works Depart-
ments. Total $53,298.64.
S. Accept bids from Jim Burke Ford
($48,575.22) for 1 sedan each for Parks,
Fire and Public Works; George Chevrolet
($16,043.33) for 1 sedan for Development
Services); and Bill Murphy Chevrolet
($613,641.60) for 32 police sedans; and
appropriate an additional $229,260 fund
balance to the Public Works Operating
Budget within the Equipment Management
Fund.
t. Appropriate $3,500 State Reimbursement
Revenue to the Finance Department Oper-
ating Budget in the General Fund for SB
90 claims payment to David M. Griffith
& Associates.
U. Appropriate $87,120.00 Seized Asset For-
feiture funds to the Police Department
Capital Improvement Budget in the Capi-
tal Outlay Fund for the cost to make
improvements and repairs to the south
lot of the Police building. (This
project is part of the Police building
addition approved in the 1994-95 budget)
V. Appropriate $30,000 fund balance to the ROWLES
Community Services Capital Improvement ANNOUNCED
Budget within the Park Improvement Fund ABSTENTION
to make first payment due Subdivider FOR CONFLICT
for purchase of 6.20 acres (Seasons
Park).
W. Proposed plan to implement a sidewalk
repair program.
(Staff recommends to refer the matter
to the Urban Development Committee
for review and recommendation)
Bakersfield, California, January 11, 1995 - Page 9
8. CONSENT CALENDAR continued
X. Assignment of Assistant City Attorney
to the Kern County District Attorney's
Office for a period of six months.
Y_ Authorize the payment of $126,812.50 to
Bank of America as escrow agent to call
the Public Facilities Corporation Sewer
Bonds of 1985.
Z. Approval of Stipulated Notice and order
regarding the closure of Bakersfield
City Sanitary Landfill (Burn Dump),
located at 4200 Panorama Drive.
ACTION TAKEN
SMITH
ABSTENTION
FOR CONFLICT;
AGR 95-15
Motion by DeMond to adopt items (a) through APPROVED
(z) of the Consent Calendar, with exception
of Item j. and the deletion of item l.; Rowles
abstaining on Item v. due to a prior business
relationship; and Smith abstaining on item z.
j. Agreements with COPELCO Capital Corpora-
tion and C.A. Reding Company to lease a
Lanier Copier for the Police Department.
Motion by McDermott to refer item j. to APPROVED
staff for possible bid procedure. NS CARSON
SALVAGGIO
Motion by DeMond to reconsider Item 1. APPROVED
of the Consent Calendar.
1. Agreement with Pechin Associates Archi- AGR 95-15
tects, AIA, for design of Fire Station
No. 13. (Ward 6)
Motion by McDermott to adopt Item 1. of APPROVED
the Consent Calendar.
a
McDermott requested a copy of the tract
map be placed in the packet in the
future (ie. Item g.).
1;;
Bakersfield, California, January 11, 1995 - Page 10
9. HEARINGS
ACTION TAKEN
a. Protest hearing for Stine No. 10 Annex- RES 2-95
ation for inclusion into the Greater
Bakersfield Separation of Grade District.
(Ward 6)
Hearing opened at 7:58 p.m.
No one spoke at hearing.
Hearing closed at 7:58 p.m.
Motion by McDermott to adopt Resolution APPROVED
including Stine No. 10 Annexation into
the Greater Bakersfield Separation of
Grade District.
b. Protest hearing for Hageman No. 2 Annex- RES 3-95
ation and inclusion into the Greater
Bakersfield Separation of Grade District,
located southwest of Jewetta Avenue and
Hageman Road. (Ward 4)
Correspondence was received from Colon
G. Bywater, North Bakersfield Recrea-
tion and Park District, dated December
17, 1994.
Hearing opened at 7:59 p.m.
No one spoke at hearing.
Hearing closed at 7:59 p.m.
Motion by McDermott to adopt Resolution APPROVED
ordering the territory annexed to the
City of Bakersfield and included in
the Greater Bakersfield Separation of
Grade District.
Bakersfield, California, January 11, 1995 - Page 11
9. HEARINGS continued ACTION TAKEN
C. Resolution amending the Metropolitan RES 4-95
Bakersfield 2010 General Plan and Kern
River Plan Element from Residential to
General Commercial on 4 acres, located
along the east side of North Chester
Avenue between the Kern River and
Roberts Lane.
Correspondence was received from Colon
G. Bywater, North Bakersfield Recrea-
tion and Park District, dated December
17, 1994; and from Paul L. and Rosella
Engle.
Hearing opened at 8:00 p.m.
No one spoke at hearing.
Hearing closed at 8:00 p.m.
Motion by DeMond to adopt Resolution. APPROVED
d. Public hearing for consideration of
adoption of the Conflict of Interest
Code for the City of Bakersfield.
Hearing opened at'8:01 p.m.
No one spoke at hearing.
Hearing closed at 8:01 p.m.
Motion by DeMond to adopt the Conflict APPROVED
of Interest Code for City of Bakers-
field.
10. REPORTS
I
a. City Manager's Oral Report No. 1-95
regarding the Mortgage Credit Certifi-
cate Program (MCC) to promote home
ownership opportunities in the City of
Bakersfield.
6. PUBLIC STATEMENTS continued
i c
J 1
e. Paul Castro, Executive Director, Housing
Authority of the County of Kern, was
recognized to speak on the MCC Program.
1 4
Bakersfield, California, January 11, 1995 - Page 12
10. REPORTS continued
a. Economic Development Director Wager
provided background information and
introduced Danny Fred, Fred Consulting
Associates, who spoke.
DeMond requested that this be a public
relations project in an effort to not-
ify the public.
b. City manager's Report No. 2-95 regarding
the Abatement of Dangerous Buildings.
Development Services Director Hardisty
provided background information.
Motion by Carson to accept Report.
11. DEFERRED BUSINESS
b. ordinance amending Title 17 of the
Bakersfield Municipal code and zoning
Map No. 123-02 by changing the zoning
of 4.05 acres generally located at the
southeast corner of South Real Road and
State Route 58 Freeway on-ramp from a
One Family Dwelling Zone and Multiple
Family Dwelling Zones to a Neighborhood
Commercial Zone. (ward 5)
C. Ordinance adding Subsection B.9. to Sec-
tion 17.60.060 of the Bakersfield Muni-
cipal Code relating to sign regulations
in the Bakersfield Auto Mall.
ACTION TAKEN
APPROVED
ORD 3623
ORD 3624
d. Ordinance authorizing an amendment to ORD 3625
the Contract with the Board of Adminis-
tration of the California Public Employ-
ees' Retirement System providing Section
21382.4 (Third Level of 1959 Survivor)
Benefits for local Miscellaneous Members.
Motion by McDermott to adopt Items b., APPROVED
c. and d. of Deferred Business.
e~
Bakersfield, California, January 11, 1995 - Page 13
il. DEFERRED BUSINESS continued ACTION TAKEN
a. Ordinance adding Union No. 10 Annexa- ORD 3626
tion to Ward 1, located south of Cal-
ifornia Avenue along Union Avenue to
Belle Terrace, generally between South
P and Washington Streets. (Ward 1)
Motion by Carson to adopt Ordinance. APPROVED
e. Ordinance repealing Chapter 5.52 of the ORD 3627
Bakersfield Municipal Code relating to
tow trucks.
Motion by McDermott to adopt Ordinance; APPROVED
and come back at the January 25th meet-
ing with an amendment Resolution No.
207-94, adopted December 14, 1994,
changing to a 5-mile distance; and re-
fer to the Budget and Finance Committee
the issue of an hourly rate as opposed
to a distance rate.
f. Ordinance amending Section 3.70.040 of ORD 3669
the Bakersfield Municipal code revising
the percentage of Cost Recovery for
Service Centers within the Revenue/Cost
Comparison System.
Motion by McDermott to adopt Ordinance APPROVED
with amendment to read: NS DEMOND
S85 Assessed Median M&O 100% SALVAGGIO
S91 Assessed Neighborhood Park M&O 67%
g. Review of Bid Proposal and Draft Agree-
ment for landscape maintenance services
within the Consolidated Maintenance
District.
Motion by DeMond refer back to Commit- WITHDRAWN
tee.
Chuck Waide was recognized to speak.
Motion by DeMond to approve Bid Propo- APPROVED
sal, Draft Agreement and authorize NS SALVAGGIO
proceeding with bidding process.
1-f
Bakersfield, California, January 11, 1995 - Page 14
12. NEW BUSINESS ACTION TAKEN
a. Ordinance adding Stine No. 10 Annexa- FR
tion to Ward 6, located north of McKee
Road, east of Stine Road. (Ward 6)
b. Ordinance amending Title 17 of the FR
Bakersfield Municipal Code and Zoning
Map No. 123-23 by prezoning property
from County Estate 1/4-acre Residential
Suburban and Estate 1/2-acre Residential
Suburban to City Residential Suburban on
62 acres, located south of Milo Avenue,
north of Tyndall Avenue, between Marbella
and Marin Streets. (Ward 6)
Development Services Director Hardisty
provided background information.
C. Resolution calling a special Municipal
RES 5-95
Election for the purpose of filling a
vacancy on the Council for the unexpired
term in Ward 6, requesting the Board of
Supervisors of the County of Kern to
order consolidation of said election
with any other election held by the
County of Kern on Tuesday, June 6,
1995; and setting the date for the new-
ly elected Councilmember of Ward 6 to
take office.
d. Resolution fixing the dates of Regular
RES 6-95
Meetings and Budget Hearings of the
Council for 1995.
e. Approval of FY 94-95 Amendment No. 1
AGR 95-17
($150,000), FY 93-94 Amendment No. 3
AGR 95-18
($77,000), FY 92-93 Amendment No. 4
AGR 95-19
($26,000) and FY 89-90 Amendment No. 4
AGR 95-20
($9,000) to CDBG Applications, for a
total of $262,000, and authorization
for submission to the Federal Depart-
ment of Housing and Urban Development.
Notion by McDermott to adopt Items c.,
APPROVED
d. and e. of New Business.
13. COUNCIL STATEMENTS
Salvaggio requested staff bring back a
simple ordinance stating it is Council's
policy that a Councilmember live in their
ward to be a Councilmember of that ward.
to
Bakersfield, California, January 11, 1995 - Page 15
13. COUNCIL STATEMENTS continued
Salvaggio referred to Legislative and Liti-
gation Committee a list of efforts that they
have been working on regarding a graffiti
ordinance and how it can be modified to
follow the lead of the Culver City ordinance
(ie. higher fines, driver's license suspen-
sion) and any other ordinances the committee
and/or staff feel could help in stamping out
graffiti.
Salvaggio referred to Legislative and Liti-
gation Committee the issue of juvenile crime
and how that increases with respect to the
curfew problem; and review the Bellflower
ordinance and any other city's ordinances
that could be helpful.
McDermott requested Budget & Finance Commit-
tee review current City policy with regard
to who the responsible party is for sewer
line that collapsed in the middle of the
street recently.
McDermott referred to Urban Development
Committee a previous referral regarding
Home Occupancy Permits (ie. piano lessons,
tutoring).
McDermott requested Budget & Finance Commit-
tee review the policy regarding new high
school's participating in fund raisers for
(ie. fireworks booths) .
DeMond inquired about the feasibilitv of
prohibiting graffiti offenders to obtain a
driver's license being included in the
ordinance.
ACTION TAKEN
DeMond requested staff review the idea of
not allowing any spray paint or markers to
be sold in the City.
13
Bakersfield, California, January 11, 1995 - Page 16
13. COUNCIL STATEMENTS continued
DeMond requested staff check on and report
back regarding the feasibility of document-
ing the fact that persons requesting a City
business license are personally certified/
licensed for their particular type business
(ie. hairdressers, contractors)
Carson inquired about the City drainage sys-
tem working properly in case of heavy rain-
fall. Public Works Director Rojas responded.
Carson inquired about the completion of
street paving on Chester & P Street. Public
Works Director Rojas responded.
Carson thanked Mayor Price for proclamation
for the Martin Luther King, Jr. Celebration
Committee.
Rowles commented on the automated trash
pickup in the Westchester area; and recog-
nized resident, Polly Hamm, to speak.
Rowles requested Public Works respond back
on the issue of Elm Street residents pro-
testing a cul-de-sac.
Rowles requested the drainage problems/huge
puddles of water at the northwest portion of
the intersection of Elcia and South Real
Road be investigated.
Rowles requested Public Works provide him
with another copy of the list of contracts
completed by local contractors and non-local
contractors.
Rowles thanked Economic Development Director
Wager for meeting with him during the Christ-
mas holiday.
Mayor requested staff to call a meeting of
the Economic Development Committee to settle
the issue of the city motto; and determine
the future value of that committee.
ACTION TAKEN
la
Bakersfield, California, January 11, 1995 - Page 17
13. COUNCIL STATEMENTS continued
DeMond commented on the trash container situ-
ation and thanked Water & Sanitation Director
Bogart.
Rowles stated that Leadership Bakersfield has
worked very hard on the motto and asked that
it be finally decided expeditiously.
14. ADJOURNMENT
ACTION TAKEN
Motion by DeMond to adjourn at 9:40 p.m. APPROVED
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JANII.MIN
1126195 2:01pm