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HomeMy WebLinkAbout06/01/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 1, 1994 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni (seated at 5:27), Rowles (seated at 5:30), Salvaggio None 2. DEPARTMENT BUDGET PRESENTATION. Development Services Planning Director Hardisty provided an over- view and slide presentation on the proposed budget for Development Services Department. McDermott suggested a Workshop be scheduled for Council's role in an emergency disaster situation. Motion by McDermott to add Closed Session Item 3. that arose after the agenda was posted and requires action tonight. APPROVED Motion by McDermott to recess to Closed Session at 5:45 p.m. APPROVED Motion by Smith at 6:55 p.m. to continue Closed Session after the Regular Meeting tonight. APPROVED CLOSED SESSION Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, for 1994 Labor Negotiations with city's Chief Negotiator, Bill Avery, regarding General Supervisory Unit, Management Unit, Blue & White Collar Unit, Fire Unit and Fire Supervisory Unit. UPDATE RECEIVED; NAT Bakersfield, California, June 1, 1994 - Page 2 CLOSED SESSION continued ACTION TAKEN Conference with Legal Counsel (existing litigation) pursuant to Government Code Section 54956.9 in the case of Shirley Mitchell rs. city of Bakersfield, et al., Kern County Superior Court Case No. 224130-AEW. Closed Session Conference with Real Property Negotiator, pursuant to Government Code Sec- tion 54956.8 concerning the Convention Center Hotel Disposition and Development Agreement for the real property located on the corner of Truxtun Avenue and Q street, to instruct the City Manager as to negotiations with John Q. Hammons regarding the implementation of the DDA. BY COUNCIL CONTINUED 2%97 END OF REGULAR I..:.:~'./_NG TONI(2:tT REGULAR MEETING- 7:oo P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Rick Roper, Director, First Assembly of God Church 2. PLEDGE OF A' ' ~=GIANCE 3. ROU.. CALL ACTION TAKE~I Present: Absent: Mayor Price, Councilmembers McDermott (seated at 8:05), Edwards, DeMond, Smith, Brunni (seated at 7:07), Rowles, Salvaggio None CLOSED SESSION ACTON Mayor Price announced Closed Session action as reflected on Pages 1 & 2. PRESENTATIONS Presentation of an Ad Hoc Prevailing Wage Task Force Report by Dale Hawley, Chairperson. PUBUC STATEMENTS Bruce Keith, Board of Directors, Down- town Business Association, provided an update on the Fox Theatre. Bakersfield, California, June 1, 1994 - Page 3 6. PUBUC STATEMENTS continued ACTION TAKEN Bill Jurel spoke regarding a $100 claim against the City. Mayor instructed city Attorney to contact Mr. Jurel. (Public Statements continued on Pages 12 & 14) APPOINTMENTS Two (2) appointments to the Central District Development Agency due to the resignations of William F. Morea, term expiring April 22, 1996; and Charles D. Lindsay, term expiring April 22, 1998. Mayor Price nominated Carolyn F. Einstein and Houghton "Howdy" Miller Jr. Motion by Salvaggio to appoint Carolyn F. Einstein for the position held by William F. Morea, term to expire April 22, 1996; and Houghton "Howdy" Miller Jr. for the position held by Charles D. Lindsay, term to expire April 22, 1998. APPROVED ABMCDERMOTT CONSENTCALENDAR Voucher Nos. 9244 to 9770 inclusive, in the amount of $1,780,024.60 and Self Insurance Voucher Nos. 2358 to 2464 inclusive, in the amount of $69,246.66. Minutes of the Workshop, Closed Session and Regular Meeting of May 18, 1994. Communication has been received from Charles D. Lindsay, dated May 10, 1994, submitting his resignation from the Central District Development Agency. (Receive and place on file) REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, June 1, 1994 - Page 4 8. CONSENT CALENDAR continued ACTION TAKEL~ go Notices of Completion and acceptance of work: Contract No. 93-165 with A-C Electric Company for traffic signal installation on Old River Road at White Lane and signal modification on California Avenue at New Stine Road/Stockdale High- way, completed May 12, 1994. Contract No. 93-166 with Granite Construction Company for traffic signal installation on Panama Lane and South H Street, completed May 17, 1994. Contract No. 92-228 with DeWalt Corporation for Tract No. 5416, Phase 4, landscaping, located on the northeast corner of Noriega Road and Jewetta Avenue, completed April 21, 1994. Contract No. 94-27 with W.M. Lyles for Mount Vernon water main exten- sion, located on Mt. Vernon Avenue, south of Highway 58, to the Sani- tation Department's Recycling/Green Waste Facility and Wastewater Treatment Plant No. 2, completed May 1, 1994. Plans and Specifications for: Traffic signal and lighting installation on So. Halfmoon Drive and Ashe Road. (Wards 4 & 6) 2. Convention Center Hotel. (Ward 2) 3 o Convention Center Ballroom and Meeting Rooms. (Ward 2) Resolution approving the proposal for AB1220 funds for market development in the Kern County Recycling Market Development Zone (RMDZ). Resolution amending Resolution No. 180-93 adding a Budget Hearing of the Council for June 22, 1994. REMOVED FOR SEPARATE CONSIDERATION RES 72-94 RES 73-94 Bakersfield, .california, June 1, 1994 - Page 5 ~, ~7 8. CONSENTCALENDAR continued ACTION TAKEN j o Resolution specifying that Hageman No. 1 Annexation shall, upon annexation, be included within the Greater Bakers- field Separation of Grade District and setting hearing for July 13, 1994 to hear public testimony. (Ward 4) Tract Maps and Improvement Agreements: 5720 Partners, for Tract No. 5720, located at the northeast corner of Parkview Drive and Campus Park Court. (Ward 4) 2 o Delfino Brothers, for Tract No. 5528, Phase 2, located at the southeast corner of Panama Lane and Akers Road. (Ward 6) Stine Road Developers, for Tract No. 5670, Phase 2, located west of and adjacent to Stine Road, south of Harris Road. (Ward 6) Olive and Coffee Partners, for Parcel Map No. 10054, located at the northwest corner of Olive Drive and Coffee Road. (Ward 4) Agreement with County of Kern for National Pollutant Discharge Elimina- tion System (NPDES), Part 2. Agreement between City of Bakersfield, North Kern Water Storage District and Texaco Inc. for discharge of recycled water from Oil Field Steaming Opera- tions into the Beardsley-Lerdo Canal System. Accept bid to award Contract to Griffith Company ($57,775) for the construction of storm drain on Akers Road between Thoreson Avenue and Wilson Road. (Ward 6) Accept bid to award Contract to A-C Electric ($56,450) for traffic signal on Buena Vista Road at Stockdale High- way. (Ward 4) RES 74-94 AGR 94-81 AGR 94-82 AGR 94-83 AGR 94-84 AGR 94-85 AGR 94-86 AGR 94-87 AGR 94-88 REMOVED FOR SEPARATE CONSIDERATION CON 94-89 CON 94-90 Bakersfield, California, June 1, 1994 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN Do Accept bid to award Contract to Patscheck Electric & Construction ($119,800) for construction of Kern River Parkway Group Picnic Area Land- scape Irrigation System. (Ward 5) Accept bids to award Annual Contracts to Golden State Janitorial Supply (9 items, $1,976.22); National Sanitary Supply (66 items, $16,465.00).; and San Joaquin Supply Co. (48 items, $18,502.98) for janitorial supplies. (Total: $36,944.20) Proposed Central District Development Agency (CDDA) Fiscal Year 1994-95 Budget. (Staff recommends Council receive and consider in conjunction with City's budget process) REMOVED FOR SEPARATE CONSIDERATION CON 94-91 CON 94-92 CON 94-93 Transfer of $6,000 from Council Con- tingency to the Fire Department Budget for City-wide Emergency Preparedness Exercise. Motion by DeMond to adopt Items (a) through (q) of the Consent Calendar, with the excep- tion of Items b., e.l., k. and n. APPROVED AB MCDERMOTT Minutes of the Workshop, Closed Session and Regular Meeting of May 18, 1994. Motion by Brunni to defer Item b. of the Consent Calendar to the meeting of June 15. 1994 for corrections. APPROVED ABMCDERMOTT Plans and Specifications for: 1. Traffic signal and lighting installation on So. Halfmoon Drive and Ashe Road. (Wards 4 & 6) Motion by Brunni to adopt Item e.1. of the Consent Calendar. APPROVED AB MCDERMOTT' Bakersfield, California, June 1, 1994 - Page 7 8. CONSENTCALENDAR continued ACTION TAKEM Agreement between City of Bakersfield, North Kern Water Storage District and Texaco Inc. for discharge of recycled water from Oil Field Steaming Opera- tions into the Beardsley-Lerdo Canal System. Rowles absent due to a previous business relationship. Motion by DeMond to adopt Item k. of the Consent Calendar. AGR 94-94 APPROVED AB MCDERMOTT ABSROWLES Accept bid to award Contract to Patscheck Electric & Construction ($119,800) for construction of Kern River Parkway Group Picnic Area Land- scape Irrigation System. (Ward 5) Motion by DeMond to reject the bid and readvertise. APPROVED AB MCDERMOt~7 HEARINGS Fred Porter, Porter-Robertson Engineer- ing has requested to amend (Carried over from the Council Meeting of May 18, 1994): The Metropolitan Bakersfield 2010 General Plan Land Use Element to Open Space on 104.92 acres, Open Space-Parks & Recreation Facilities on 7.62 acres, Estate Residential On 535.39 acres, Suburban Residen- tial on 903.92 acres, Low Density Residential on 219.99 acres and General Commercial on 19.31 acres, located in Sections 10 (north of Highway 178, west of Alfred Harrell Highway), 11 (north and south of Highway 178, east of Miramonte Drive), 16 (north and south of Highway 178, west of Alfred Hartell Highway), 20 (south of Highway 178 surrounding Mesa Marin Raceway), 21 and 29. (GPA 1-94, Segment III) (Ward 3) RES 75-94 Bakersfield, California, June 1, 1994 - Page 8 9. HEARINGS continued ACTION TAKEN ao 2o The Kern River Plan Element to 3.1 (Public or Private Recreation Areas) on 24.07 acres and 5.4 (Residential, 4 units/acre) on 106.31 acres, located north of State Highway 178, east of Alfred Harrell Highway. (Kern River Plan Element 1-94) (Ward 3) a) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104- 20 by changing the zoning from Residential Suburban 2.5 acres to Open Space on 41.07 acres, Single Family Dwelling on 297.35 acres and Limited Commercial on 19.31 acres in Section 20, located south of Highway 178 surrounding Mesa Marin Raceway. (ZC 5546) (Ward 3) b) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104- 11 by changing the zoning of 411 acres from Agriculture to Estate on 345.07 acres and Open Space on 30.49 acres and 35.08 acres with a small por- tion being Open Space Flood- plain Secondary while retain- ing the existing Agriculture Floodplain Secondary on those portions the applicant had originally requested Residen- tial Floodplain Secondary along the Kern River, located north of Highway 178, east and west of Rancheria Road and south of the Kern River. (ZC 5452) (Ward 3) The Breckenridge Hills Specific Plan to 5.4 (Residential, 4 units/ acre) on 473 acres and 5.5 (Resid- ential, i unit/acre) on 535.39 acres, located in the unincorpor- ated County area in Sections 21 and 29. (Breckenridge Hills Specific Plan Amendment 1-94) (Ward 3) RES 76-94 FR FR RES 77-94 Bakersfield, California, June 1, 1994 - Page 9 9. HEARINGS continued ACTION TAKEN a. 4o Agreement with Quad Engineering Inc. for change and modification services to Assessment District No. 93-1, Northeast Sewer Project. (Ward 3) Smith abstained due to property owner- ship in the Northeast Sewer area. Planning Director Hardisty provided background information. Hearing opened. Fred Porter, Porter-Robertson Engineer- ing, representing the applicant spoke in support of staff recommendation. Hearing closed. Terry Schroepfer, Vice President, Quad Engineering, spoke. Richard Hargrove, Bond Counsel, Burke, Williams and Sorenson, spoke. Motion by DeMond to adopt Resolutions, give First Reading to Ordinances and approve Agreement. AGR 94-95 APPROVED AB MCDERMO~ ABS SMITH bo City of Bakersfield has requested to amend the Metropolitan Bakersfield 2010 General Plan adding implementation measure to Chapter X (Public Services and Facilities Element/Solid Waste) which establishes the siting of recycl- ing facilities in the metro area. (GPA 1-94, Segment VI) (Carried over from the Council meeting of May 18, 1994) Planning Director Hardisty provided background information. No one spoke at hearing. Hearing closed° Motion by DeMond to adopt Resolution, approving the amended measure recommended by Planning Commission. DeMond requested mail-outs regard- ing sanitation be extended beyond the 300-foot requirement. RES 78-94 APPROVED AB MCDERMOTT Bakersfield, California, June 1, 1994 - Page 10 9. HF_ARIN$$ continued ACTION TAKEN Public hearing regarding Assessment District No. 93-3, California/Oak. (Resolution of Intention No. 1115) (Ward 5) Mayor Price announced this is the first of two hearings to be held on this issue, with no action required tonight. A protest hearing will be held June 29, 1994. Barry A. Ross, Attorney, representing Taco Bell Corporation, distributed written material and spoke in opposition. Craig Carver, CalOak Development, spoke in support. Richard Hargrove, Bond Counsel, Burke, Williams and Sorenson, spoke. Barry A. Ross, representing Taco Bell, spoke in rebuttal (opposition). Brunni requested the materials provided by Mr. Carver be distributed to entire Council at the protest hearing on June 29, 1994. Hearing as required by Resolution of Intention No. 1116 to order the estab- lishment of Underground Utility District No. 2, Division 25, Oak Street. (Ward 5) Public Works Director Rojas provided background information. No one spoke at hearing. Hearing closed. RES 79-94 Motion by Rowles to adopt Resolution. APPROVED Bakersfield, California, June 1, 1994 - Page 11 9. HEARINGS continued ACTION TAKEN Hearing to consider a Resolution find- ing that certain weeds, debris and discarded articles on the properties listed below constitutes a public nuisance and directing the Fire Chief to abate such nuisance. WARD 1: WARD 2: WARD 3: WARD 6: WARD ?: 1504 Virginia; West of 1200 Gorrill; 1420 Gorrill (vacant house); 400 Lakeview; 1409 Potomac; 1318 Potomac. 828 Monterey; 1311 24th Street; 2531 Bank Street. 6016 Auburn Oaks; North of 3405 Stoneybrook; 6309 Canyon View; 6513 Highland Knolls; 6512 Canyon View. 4604 Hahn; East of Sara Jane & Nuggett. 2900 Wilson; 1500 Pacheco, Space #60. Hearing opened. Fire Prevention Inspector DeMarco requested the following properties be removed because they are in compliance: West of 1200 Gorrill; 400 Lakeview; 1409 Potomac; 2531 Bank Street; 6016 Auburn Oaks; North of 3405 Stoneybrook; 6309 Canyon View; 6413 Highland Knolls; 6512 Canyon View; 4604 Hahn; East of Sara Jane & Nuggett; and 1500 Pacheco, Space #60. Hearing closed. Salvaggio advised that 2900 Wilson is in Ward 6, not Ward 7. Fire Inspector DeMarco will make that correction. Smith requested Acting Fire Chief recommend a deterrent for repeat offender property owners. RES 80-94 Motion by Edwards to adopt Resolution confirming the Report of the Fire Chief. APPROVED, Bakersfield, California, June 1, 1994 - Page 12 10. REPORTS ACTION TAKE~ Legislative and Litigation Committee Report No. 2-94 regarding Proceedings Before the Public Utilities Commission regarding Marzolf rs. Pacific Gas & Electric. PUBUC STATEMENTS continued The following individuals spoke in opposition to the report recommendations: Kim Mayberry, Campus Park resident; Brenda Abrams, Campus Park resident. 10. REPORTS continued a. Motion by Smith to accept Report and implement recommendations. WITHDRAWN Motion by McDermott to discuss this issue in Closed Session. NAT Motion by Brunni to accept Report and refer recommendations to Closed Session as an Item that arose after the agenda was posted and requires action tonight. NAT Amended motion by Brunni to accept Report. APPROVED Amended motion by Brunni to add the report recommendations as a Closed Session item that arose after the agenda was posted and requires action tonight to possibly initiate litigation. APPROVED NS EDWARDS Bakersfield, California, June 1, 1994 - Page 13 11 . DEFERRED BUSINESS ACTION TAKEH Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-12 by changing the zoning from Residential Suburban to Agricul- ture on 13.59 acres located in north- east Bakersfield approximately one mile southeast of Alfred Harre11 Highway and one and one-half miles north of the intersection of State Highway 178 and Fairfax Road. (location of proposed cogeneration plant) (GPA 1-94, Segment II, ZC 5542) (Ward 3) (First Reading May 18, 1994) Motion by DeMond to adopt Ordinance. ORD 3592 APPROVED NS SMITH BRUNNI ABS MCDERMOTT Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-32 by changing the zoning from Neighborhood Commercial and Regional commercial to One Family Dwelling on 14.1 net acres, located at the southeast corner of Brimhall and Calloway Drive. (GPA 1-94, Segment IV, ZC 5543) (Ward 4) (First Reading May 18, 1994) Motion by Brunni to adopt Ordinance. 12. NEWBUSINESS Ordinance amending Section 16.20.100 of the Bakersfield Municipal Code relating to statement on maps of city Surveyor. Acting City Attorney Skousen provided background information. Resolution designating Partisan District, City of Minsk, Republic of Belarus, as a sister City to City of Bakersfield under the International Sister city Program. ORD 3593 APPROVED ABS MCDERMO~ FR RES 81-94 Bakersfield, California, June 1, 1994 - Page 14 6. PUBUC STATEMENTS continued ACTION TAKEN bo Cathi Chrisco, President, BaKersfield Sister City Board, urged Council to approve the proposed Sister City Resolution and introduced Maxim Kubrik and his mother, Ludmilla Kubrik from Belarus; and George Ogden, Vice Presi- dent in charge of Minsk. 12. NEWBUSINESS continued b. Motion by McDermott to adopt Resolution. APPROVED Agreement with Bakersfield Occupational Medical Group to administer the city's Physical Assessment Program. Assistant City Manager Stinson provided background information. Motion by Edwards to approve Agreement. AGR 94-96 APPROVED do Agreement with Willard B. Christiansen, M.D. Inc. for City Physician Services. Assistant City Manager Stinson provided background information. Salvaggio and Edwards encouraged staff to bring this issue to the bargaining table in the future. DeMond requested her concerns be responded to: 1) 2) Is a dual provider necessary (Items c. & d.); why would the employees want their City Physician and their assessing doctor be the same? Employee satisfaction: Are there employees that have requested a doctor other than Dr. Christiansen; has the Bargaining Unit been asked; Do the employees want dual providers? AGR 94-97 Motion by Salvaggio to recognized Dr. APi~OV~D Michael Davies to speak. Bakersfield, California, June 1, 1994 - Page 15 12. NEWBUSINESS continued ACTION TAKEN Brunni abstained due to a conflict regarding her employment. Dr. Michael Davies, Medical Director, Bakersfield Occupational Medical Group, clarified that his group is not a part of Bakersfield Family Medical Center. Motion by DeMond to recognize Richard Watkins to speak. APPROVED Richard Watkins, B-FLAG, answered ques- tions by DeMond. Motion by McDermott to approve Agreement. APPROVED NS EDWARDS DEMOND ABS BRUNNI 13. COUNCIL STATEMENTS McDermott reiterated comments regarding the Fox Theatre; the Downtown Business Associa- tion should be contacted within the next week if persons are interested in funding to save the theatre. McDermott mentioned his agenda was printed double. Salvaggio requested Public Works respond to his referrals on: 7) 2) 3) 4) Complaints he is receiving on parking on Hendricks Lane (previously referred to as Houchin Road) in front of the apart- ments. Alcohol Recovery Facility complaints; Elimination of U-turns on South H Street, between Planz and Wilson Roads. The Speed bump issue; has the letter been sent out?; full Council needs to act on this issue right away; requested speed bumps on Parsons Lane. Brunni requested staff hold a meeting with surrounding property owners in the Windsong Development regarding complaints on a make- shift road behind the development. Anna Miller is the contact person. Bakersfield, California, June 1, 1994 - Page 16 13. COUNCIL STATEMENTS continued ACTION TAKEiN Rowles advised that the speed bump issue has left committee, a letter has been mailed out and asked what date the public hearing has been scheduled for. Secretary Welty advised that the hearing has been scheduled for July 13, 1994. Rowles commented on correspondence from Mrs. Eck, dated May 13, 1994, being con- tacted by the City Attorney's Office regarding an infraction for handing out leaflets in parking lots. Acting City Attorney Skousen responded to his concerns. Salvaggio related his concerns regarding citizens receiving legal correspondence from City Departments and the department actually witnessing the violation 'committed. Rowles commented on citizen violations. Acting City Attorney Skousen explained the standard procedure for correspondence on citizen violation complaints (i.e. distri- bution of leaflets on vehicles) Motion by McDermott to reconvene to Closed Session at 9:50 p.m. APPROVED CLOSED SESSION continued Closed Session Conference with Real Property Negotiator, pursuant to Government Code Sec- tion 54956.8 concerning the Convention Center Hotel Disposition and Development Agreement for the real property located on the corner of Truxtun Avenue and Q street, to instruct the City Manager as to negotiations with John Q. Hammons regarding the implementation of the DDA. Conference with Legal Counsel, pursuant to Government Code Section 54956.9(b) regarding determination whether to initiate litigation to intervene in the case of Marzolf rs. Pacific Gas & Electric. WORK TOBEGIN JUNE 13, 1994 ON HOTEL AGE 94-273 CITY ATTORNEY INSTRUCTED TO CONTACT AND PI~3V1DEAgSI.5'~-. ANCE Motion by McDermott to adjourn Closed APPROVED Session at 10:30 p.m. Bakersfield, California, June 1, 1994 - Page 17 REGULAR MEETING continued ACTION TAKEN Mayor Price announced the reconvening of the Regular Meeting at 10:31 p.m. Mayor Price announced the Closed Session action on Item 4, as reflected on Page 16; and City Manager Tandy read a prepared statement on Closed Session Item 3. regard- ing the Convention Center Hotel DDA. 14. ADJOURNMENT Motion by McDermott at 10:35 p.m. APPROVED --' MAYORCO~ the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA nss