HomeMy WebLinkAbout09/27/1995 MINUTES CC0
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 27, 1995
WORKSHOP - 5:15 P.M
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ROLL CALL
Present: Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott (seated at
5:23), Sullivan, Salvaggio (seated
at 5:17)
Absent: Councilmember Rowles
METRO BAKERSFIELD MAJOR TRANSPORTATION
INVESTMENT STUDY UPDATE.
Mayor Price, Policy Advisory Committee,
introduced Larry Wesemann, Barton Aschman
Associates, Inc., who presented provided an
update and distributed written material.
ACTION TAKEN
Motion by DeMond to recess to Closed Session APPROVED
at 5:35 p.m. AB ROWLES
CLOSED SESSION
1. Conference with Legal Counsel - Existing CITY ATTORNEY
Litigation. Closed Session pursuant to SKOUSEN PROVID-
Government Code Section 54956.9(x) in the ED UPDATE; NAT
case of Dana Pankey vs. City of Bakersfield,
et al., United States District Court, Eastern
District, Court Case No. CV-F-94-6143-REC
DLB.
2. Conference with Legal Counsel - Existing CITY ATTORNEY
Litigation. Closed Session pursuant to SKOUSEN PROVID-
Government Code Section 54956.9(a) in the ED UPDATE; NAT
case of Southwest Community Action Committee
and Jill Kleiss vs. City of Bakersfield, Kern
Superior Court Case No. 229401-NFT.
3. Conference with Legal Counsel - Potential CITY ATTORNEY
Litigation. Initiation of litigation pur- SKOUSEN PROVID-
suant to Government Code Section 54956.9(c). ED UPDATE; NAT
one potential case.
Motion by DeMond to adjourn from Closed APPROVED
Session at 6:30 p.m.
- Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
Bakersfield, California, September 27, 1995 - Page 2
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
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INVOCATION by Councilmember Carson
PLEDGE OF ALLEGIANCE by Dave Peterson, Troop 420
ROLL CALL ACTION TAKEN
Present: Mayor Price, Councilmembers DeMond,
Carson, Smith, McDermott, Rowles,
Sullivan, Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1.
PRESENTATIONS
a. Mayor Price presented a proclamation to
the Smokin' Armadillos, who presented a
hat to Mayor Price.
b. City Manager Tandy thanked
Administrative Assistant II Andrea
Britt, who is leaving employment with
the City and moving to Nashville, for
outstanding work; Mayor Price presented
her with a key chain.
C. Carson announced the Good Neighbor
Festival commencing Friday, September
29, 1995 at 10:00 a.m. at Martin Luther
King Park; and distributed t-shirts to
Council.
Motion by Carson to add New Business Item f. APPROVED
that arose after the Agenda was posted and
requires action this evening.
f. Extension of Time for Casa Royale casino
to operate under County Rules as a
cardroom.
G.)
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Bakersfield, California, September 27, 1995 - Page 3
PUBLIC STATEMENTS ACTION TAKEN
a. Eric James Graham spoke regarding the
sales of various legalized products on
City sidewalks (push cart vendors) and
submitted written material.
(Public Statements continued on Page 8)
APPOINTMENTS
CONSENT CALENDAR
a. Payments from August 25 to September 14,
1995, in the amount of $15,508,513.70.
b. Minutes of the Workshop, Closed Session
and Regular Meeting of September 13,
1995.
C. Resolution of Application proposing pro- RES 146-95
ceedings for detaching seven (7) City
annexation territories from the Consoli-
dated Districts of the Kern Sanitation
Authority (Union Avenue Sanitation
District and Alta Verde Sanitation
District). (Wards 1 & 2)
d. Resolution requesting the State of REMOVED FOR
California designation of State Highway SEPARATE
65 from Lindsay to Bakersfield as "The CONSIDERATIOI,
All-America City Highway".
e. Resolution authorizing closure of Wall RES 147-95
Street between Chester Avenue and H
Street to vehicular traffic during
certain hours.
f. Agreements with San Joaquin Valley
Unified Air Pollution Control District
for continued involvement with the
City's Clean Air Vehicle Program:
1. Agreement to purchase four (4) AGR 95-245
compressed natural gas (CNG) refuse
trucks.
2. Agreement to purchase two (2) AGR 95-246
compressed natural gas (CNG)
powered street sweepers.
b
Bakersfield, California, September 27, 1995 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
g.
Agreement with the Law Offices of Hanna,
AGR 95-247
Brophy, MacLean, McAleer and Jensen for
the provision of Legal Services, not to
exceed $40,000, regarding matters relat-
ed to Workers' Compensation concerning
the City.
h.
Agreement with West Coast Land Services
AGR 95-248
to lease mineral rights, located in
southeast Bakersfield, for oil and gas
exploration. (Ward 1)
i.
Retraction of Agreement No. 95-238 with
AGR 95-249
Panama Ridgeview Properties, Inc. and
DEED 4277
approval of Agreement with John M.
DEED 4278
Antongiovanni, John Stanley Antongio-
vanni, Kathleen E. Antongiovanni, Jane
Andrea Uhalt, Gabrielle Louise Vanher-
weg, Linda Rae McKenna, Judith Claire
Walsh and Irene Frances Stevens to
exchange real property, located south of
Panama Lane and west of New Stine, to
facilitate the construction of Fire
Station No. 13. (Ward 6)
j.
Holding facility for the Bakersfield
Police Department:
1. Agreement with BFGC Architects
ROWLES
Planners, Inc., to prepare a writ-
ANNOUNCED
ten feasibility study at a cost of
ABSTENTION
$4,500.
CONFLICT
AGR 95-250
2. Transfer $4,500 from Council Con-
tingency to the Bakersfield Police
Department Operating Budget within
the General Fund.
k.
Accept bid to award Contract to Merzi
CON 95-251
Painting and Construction ($128,000) for
the painting of Rancheria Road Bridge at
Kern River. (Ward 3)
1.
Accept bid from Saba's Mens Wear
($105,315.21) for 300 pistols for the
Police Department.
in. Accept bid from Jim Burke Ford
($97,399.95) for a replacement water
truck for Streets Division (Equipment
Management Fund).
FOR
Bakersfield, California, September 27, 1995 - Page 5
CONSENT CALENDAR continued
n. Accept bids from L.N. Curtis & Sons
($15,959.87), Halprin Supply Company
($4,345.68), Allstar Fire Equipment
($1,977.93) and Wajax-Pacific Fire
Equipment ($1,431.04) for equipment for
two fire pumpers totaling $23,714.52
(General Fund).
o. Appropriate $80,000 fund balance to the
Community Services Capital Improvement
Budget within the Gas Tax Fund to
relandscape island medians along White
Lane between Pin Oak Boulevard and Old
River Road. (Ward 4)
p. Appropriate $138,000 fund balance to the
Community Services Capital Improvement
Budget within the Park Improvement Fund.
(This amount includes total land acquis-
ition costs associated with Akers/McKee
park site and estimated escrow closing
costs.) (Ward 6)
q. Response to Grand Jury Report concerning
Noise Abatement.
Motion by DeMond to adopt Items (a) through
(q) of the Consent Calendar, with the
exception of item d.; abstention by Rowles on
Item j. due to a potential future business
impact.
d. Resolution requesting the State of
California designation of State Highway
65 from Lindsay to Bakersfield as "The
All-America City Highway".
Motion by Rowles to adopt Item d. of the
Consent Calendar.
9. HEARINGS
a. Hearing to consider a Resolution
finding that certain weeds, debris
and waste matter on certain
properties constitute a public
nuisance and directing the Building
Director to abate such nuisance.
(Ward 1: 22 properties; Ward 4: 9
properties)
ACTION TAKEN
APPROVED
RES 148-95
APPROVED
RES 149-95
Bakersfield, California, September 27, 1995 - Page 6
9. HEARINGS continued ACTION TAKEN
a. Hearing opened at 7:20 p.m.
No one spoke at hearing.
Hearing closed at 7:20 p.m.
Motion by Carson to adopt Resolution. APPROVED
Development Services Director Hardisty
advised the list of property owners will
be corrected, as some are now in
compliance.
b. Hearing as required by Resolution of RES 150-95
Intention No. 1138 ordering the vacation
of the excess road right-of-way for
Stockdale Highway between old River Road
and California State University, Bakers-
field. (Ward 4)
Hearing opened at 7:21 p.m.
No one spoke at hearing.
Hearing closed at 7:22 p.m.
Motion by McDermott to adopt Resolution. APPROVED
C. Protest hearing as required by RES 151-95
Resolution No. 130-95 to consider a
resolution approving Final Engineer's
Report, levying assessments, ordering
improvements and authorizing and
directing related actions for Assessment
District No. 94-3, Silver Creek/Brimhall
North/Seven Oaks/South Laurelglen. (Ward
4)
Hearing opened at 7:22 p.m.
No one spoke at hearing.
Hearing closed at 7:22 p.m.
Motion by McDermott to adopt Resolution. APPROVED
4+
1,
Bakersfield, California, September 27, 1995 - Page 7
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HEARINGS continued ACTION TAKEN
d. Appeal by Harold Robertson, Porter-
Robertson Engineering, of Planning
Commission Condition of Approval No. 2
for Tentative Tract Map 5433, located at
the northwest corner of Berkshire and
Akers Roads. (Ward 6)
Correspondence was received from Harold
W. Robertson, Porter Robertson
Engineering, dated September 25, 1995,
requesting a continuance of this hearing
to October 11, 1995.
Public Works Director Rojas provided
background information.
Hearing opened at 7:25 p.m.
Harold Robertson, Porter-Robertson
Engineering, requested continuance of
the hearing to October 11, 1995.
Motion by Sullivan to continue the APPROVED
hearing to the Council Meeting of
November 8, 1995.
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REPORTS
a. Personnel Committee Report No. 1-95
regarding Retiree Medical Insurance.
DeMond advised this report is a staff
report, not a Personnel Committee
report; Council concurred.
Assistant City Manager Stinson provided
background information.
Mayor Price and Carson announced
conflicts of interest and left Chambers;
Mayor Price yielded the Chair to Vice
Mayor DeMond.
Motion by Rowles to conclude NAT
negotiations by December 31, 1995.
Amended motion by Rowles to
accept
APPROVED
Report with a conclusive
report
coming
AB CARSON
back the first meeting of
January
1996.
PRICE
t~.
Bakersfield, California, September 27, 1995 - Page 8
11. DEFERRED BUSINESS ACTION TAKEN
a. Ordinance amending Section 13.08.060 of ORD 3674
the Bakersfield Municipal Code relating
to notice to buyers of special assess-
ment district liens. (First Reading
9/13/95)
6. PUBLIC STATEMENTS continued
b. Glenda Anson, President, Bakersfield
Association of Realtors, spoke in
support of the proposed Ordinance.
(Public Statement continued on Page 9)
11. DEFERRED BUSINESS continued
a. Motion by McDermott to adopt Ordinance. APPROVED
12. NEW BUSINESS
a. Ordinance repealing Chapter 1.12 of the FR
Bakersfield Municipal Code and adding a
new Chapter 1.12 pertaining to the
realignment of ward boundaries and
making findings for their establishment
and reapportionment of population.
Development Services Director Hardisty
provided background information.
Rowles advised he is working on
alternatives to address ward
redistricting.
b. Ordinance adding Madison No. 1 Annex-
ation to Ward 1, located east of Madison FR
Street, 630 feet north of Watts Drive.
(Ward 1)
c. Resolution requesting the Kern County
Local Agency Formation Commission RES 152-95
approve a revision of the City°s Sphere
of Influence and find that such request
can be considered and studied as part of
the periodic review.
Bakersfield, California, September 27, 1995 - Page 9
12. NEW BUSINESS continued ACTION TAKEN
C. Correspondence was received in
opposition to the proposed Sphere of
Influence amendment from:
Ted James, AICP, Director, Kern County
Planning Department, dated September 18,
1995; James M. Manley, President, JLM &
Associates, Inc., dated September 14,
1995; and Robert E. Ransom, Vice
President, McFarland Energy, Inc., dated
September 20, 1995.
Development Services Director Hardisty
provided background information.
Motion by McDermott to adopt Resolution. APPROVED
d. Appointment of voting delegate and
alternate for League of California
Cities Annual Conference scheduled
October 22 - 24, 1995 in San Francisco.
Motion by DeMond to designate Jacquie APPROVED
Sullivan as the delegate.
Mayor Price announced a recess at 7:55
p.m. and reconvened the meeting at 8:05
p.m.
f. Extension of Time for Casa Royale Casino
to operate under County rules as a
cardroom.
Motion by Carson to move Item f. forward APPROVED
on the Agenda.
6. PUBLIC STATEMENTS continued
c. Glenda Smith, Casa Royale Casino, spoke.
(Public Statements continued on Page 10)
12. NEW BUSINESS continued
f. City Manager Tandy clarified information
given to Council.
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Bakersfield, California, September 27, 1995 - Page 10
NEW BUSINESS continued
f. Motion by Carson to give a 90-day
extension with no further continuance at
the end of 90 days.
e. Stadium/Sports Complex.
Correspondence was received from:
Leon Lim, dated September 25, 1995,
providing a copy of a Wall Street
Journal article; George W. Nickel, Jr.
with comments and recommendations to
obtain land for construction of a
stadium; and Chris Frank, Executive Vice
President, Greater Bakersfield Chamber
of Commerce, dated September 27, 1995,
proposing the decision of a multi-use
sports complex be made through the
public voting process.
6.
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PUBLIC STATEMENTS continued
d. The following individuals spoke:
Jack Patton, President, Bakersfield
Blaze Baseball Club; Sharon Hooper,
representing George W. Nickel, Jr.;
Bruce Keith; Larry Powell; and Graham
Kaye-Eddie and submitted written
material.
NEW BUSINESS continued
e. City Manager Tandy provided brief
background information.
Smith recognized Jack Patton to speak.
Motion by McDermott to refer to Urban
Development Committee two sites
(Downtown site, linked with the
Convention Center, and Southwest site)
and bring back recommendations by the
meeting of November 8, 1995.
ACTION TAKEN
APPROVED
NS MCDERMOT:I'
ROWLES
SALVAGGIO
NAT
Bakersfield, California, September 27, 1995 - Page 11
12. NEW BUSINESS continued ACTION TAKEN
e. Amended motion by McDermott to refer to APPROVED
Urban Development committee two sites NS DEMOND
(Downtown site, linked with the SMITH
Convention Center, and Southwest site);
provide more information on the Mesa
Marin site; and bring back
recommendations by the meeting of
November 8, 1995.
13. COUNCIL STATEMENTS
McDermott referred to staff Quailwood fire
access and requested a written report;
Development Services Director responded.
DeMond requested curb cuts for buses on major
roads.
DeMond requested Community services manager
Andersen look into adding hotel events to the
Convention Center Calendar.
Carson requested Budget & Finance Committee
respond to Public Statement speaker, Eric
James Graham regarding street vendors.
Salvaggio requested Public Works look into
setting the timing on the light on Wilson
Road to aid Plaza Tower senior citizens in
crossing the street to the bus stop; and
discuss with Golden Empire Transit the
possibility of moving the bus stop.
Rowles announced the League of California
Cities resolutions will be summarized and
brought before Council for adoption.
Rowles requested Public Works provide him
with detailed information on placing a 4-way
stop at Marella and Mira Loma.
Rowles mentioned the meeting on the closure
alternative at Elm and 24th Streets and
requested a summary to include in a mailout.
4p }
Bakersfield, California, September 27, 1995 - Page 12
13. COUNCIL STATEMENTS continued
Rowles requested correspondence he will
receive from David James, Bakersfield Rugby
Group, be referred to Community Services in
naming the soccer/rugby field in dedication
to Ray Trichell.
Rowles announced the cancellation of the
October 3rd meeting. Budget & Finance
Committee had already issued a policy
statement.
Rowles requested the Police Department and
City Attorney provide him with the require-
ments of ice cream trucks, ie. motor vehicle
laws, signage.
McDermott requested staff provide a status
report on the strike preventing road/median
construction.
Mayor referred to staff correspondence from
Ronald E. Brummett, Executive Director, Kern
Council of Governments, dated September 21,
1995, requesting the City join them in a
resolution setting forth guidelines for the
KC Grand Jury, to be brought back to Council
or sent to committee.
DeMond requested staff report back on the
17th Street closure.
14. ADJOURNMENT
ACTION TAKEN
APPROVED
Motion by DeMond to adjourn at 10:00 P.M.
i
ATTEST: MAY t e ty of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
SEP27.MIN
10/18/95 2:05pm