Loading...
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