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HomeMy WebLinkAbout01/12/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 12, 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, Rowles (seated at 5:30), Salvaggio (seated at 5:25) None CIRCULATION ELEMENT OF GENERAL PLAN - LIGHT RAIL STUDY. Steve Ruggenberg, Golden Empire Transit, presented an overview and distributed material entitled Lonq Ranqe Public Transportation Systems Study. Public Works Director Schulz indicated this item would be brought back at the next Council Meeting with a recommendation to refer it to committee and/or Planning Commission. DeMond indicated interest in this issue receiving wide-spread exposure. Motion by McDermott to recess to Closed Session at 5:30 p.m. APPROVED CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding pending liti- gation in the case of Deja Vu, et al. vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54957.6 regarding 1994 Labor Nego- tiations with the City's Chief Negotiator, Bill Avery, regarding the General Supervi- sory Unit, Management Unit, Blue & White Collar Unit, Fire Unit and Fire Supervisory Unit. NAT NAT Bakersfield, California, January 12, 1994 - Page 2 CLOSED SESSION continued ACTION TAKEN Closed Session pursuant to Government Code Section 54956.8 regarding instructions to Alan Tandy, the authorized negotiator, concerning real property negotiations respecting the Convention Center Hotel (property located at the southeast corner of Truxtun Avenue and Q Street) with the Hammons Group. Closed Session pursuant to Government Code Section 54957 regarding a personnel matter. Motion by DeMond to adjourn Closed Session at 6:55 p.m. NAT NAT APPROVED REGULAR ME~I,NG- 7:00 P.M. 1. Church. 2. PLEDGE OF .a~ ~ ;GLANCE 3. ROLL CALL Present: Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCA~ON by Chaplain Ed Meissner, First Assembly of God Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Rowles, Salvaggio None Smith, ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced the Closed Session action as reflected on Page 1. Motion by McDermott to defer Public Statements for the Hotel Project (12.a) to the time the item is addressed on the agenda, allowing 15 minutes per side, followedby a 5-minute rebuttal period. APPROVED NS EDWARDS SALVAGGIO AB DEMOND 5. PRESENTA~ONS Bakersfield, California, January 12, 1994 - Page 6. PUBUC STATEMENTS ACTION TAKEN Joe Feil, Abate-A-Weed, Inc., spoke regarding the bid process for City's annual purchase of herbicides and pesticides, and requested rebidding the item. Dennis Fox spoke regarding the Freeway 99/Rosedale Interchange. (Item 8.e.2.) Kaela Rogers spoke regarding hiring union labor. (Public Statements continued on Page 13) APPOINTMENTS Ten (10) appointments to the Community Advisory Council due to the expiration of terms of Martin Castro, Tony Ortega, Fred Rodriguez, John Spencer, Tony Manzano, James Sykes, Lynn Edwards, Pat DeMond, David Lyman and John F. Wager, Jr., terms expired December 31, 1993. Motion by Edwards to reappoint Council- members Edwards and DeMond; and Staff Members David Lyman and John F. Wager, Jr., terms to expire December 31, 1994. APPROVED Motion by Edwards to appoint Karen Shah; and reappoint Martin V. Castro and Lorenzo T. Ortega, terms to expire December 31, 1994. APPROVED Motion by Edwards to reappoint John Spencer, term to expire December 31, 1994. APPROVED ABS MCDERMOTT ROWLES CONSENTCALENDAR Voucher Nos. 4263 to 5024 inclusive, in the amount of $2,684,268.01; and Self Insurance Voucher Nos. 1155 to 1408 inclusive, in the amount of $130,726.87. Minutes of the Workshop and Regular Meeting of December 15, 1993. Bakersfield, California, January 12, 1994 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Communication has been received from Connie B. Nieto, dated December 21, 1993, regarding Police Department 911 response time. (Receive and refer to Police Department) do Notices of Completion and acceptance of work: Contract No. 93-174 with Coleman Homes, Inc. for Tract No. 5151, Unit 1, located northeast of Meacham Road and Main Plaza Drive, completed December 15, 1993. Contract No. 93-176 with Coleman Homes, Inc. for Tract No. 5152, Unit 1, located on the northeast corner of Meacham Road and Main Plaza Drive, completed December 15, 1993. Contract No. 93-32 with Kyle Carter Homes, Inc. for Tract No. 5504, Unit II, landscaping, located on the northwest corner of Meacham Road and Calloway Drive, completed December 15, 1993. Contract No. 93-38 with J.L. Gray Companies for Tract No. 5602, Unit A, located on the north side of Brundage Lane, east of Oswell Street, completed December 8, 1993. Contract No. 93-181 with Contronics, Inc. dba Micon, for construction of storm drain on F Street from 19th Street to 21st Street, completed December 23, 1993. Contract No. 93-114 with U-Liner West for rehabilitation of 6-inch sewer lines in various easements and alleys in the Westchester area, completed December 10, 1993. Bakersfield, California, January 12, 1994 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN do 7o fe Contract No. 93-93 with Kern County Construction Company for construction of Ashe Water Well No. 27, located on the southwest corner of Via La Madera and Jenkins Road, completed December 8, 1993. Plans and Specifications: Construction of equestrian trail at State Highway 178 Kern River Bridge. (Ward 5) Construction of landscape and irrigation improvements at Rose- dale Highway and State Route 99. (Ward 5) Construction of K Street Parking Mall between 18th and 19th Streets; and K Street Parking Lot at 19th Street. (Ward 2) Resolution of Intention No. 1111 to add territory to existing Maintenance District No. 3, Division 5; adopting, confirming and approving Public Works Director's Report; setting February 23, 1994 and March 9, 1994 to hear public testimony on the addition of territory and confirming the 1993-94 assessment (McKee Road). (Ward 6) Resolution dispensing with bidding for increased scope of work for the Stine Road Sewer Rehabilitation Project; Contract Change Order No. 2 to Contract No. 93-92 with Griffith Company for the rehabilitation of a 27-inch sewer line in Stine Road between Pacheco and Harris Roads; and appropriations of $162,600 for Contract Change Order No. 2 and $95,000 for previously approved Contract Change Order No. 1 from Sewer Enterprise Fund Balance to Public Works Capital Improvements Budget within the Sewer Enterprise Fund. (Ward 6) REMOVED FOR SEPARATE CONSIDERATION RES 1-94 Bakersfield, California, January 12, 1994 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN Resolution determining that autoscope machine-vision detection system for traffic control cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding there- for, not to exceed $50,000 for one (1) system. (Wards 2 & 5) Resolution dedicating public street right-of-way for Mt. Vernon Avenue on City Municipal Farm property south of East Belle Terrace. (Ward 1) Resolution appropriating $18,000 (Asset Forfeiture Funds) to the Police Depart- ment Operating Budget in the General Fund for the purchase of two police service dogs. Resolution of support for, and describing the Mayor's and City Council's role in, the Sister City Program. Improvement Agreement with Frank M. St. Clair and Bradley H. St. Clair for access road improvements to Parcel 1 of Parcel Map 6868, located north of Panama Lane and west of Stine Road. (Ward 6) Program Supplement No. 052 with State of California (State Master Agreement No. 06-5109) for installing a traffic signal and raised median on Niles Street at Virginia Street. (Ward 2) Accept bid to award Annual Contract to Gilliam and Sons, Inc. ($124,775) for earthmoving and hauling within City limits. Accept bids to award Annual Contracts (3) to Wilbur-Ellis Company (21 items, $93,816.82); Van Waters & Rogers, Inc. (15 items, $30,957.28); and Kern Turf Supply Inc. (2 items, $1,477.37) for insecticide and herbicide chemicals for use by City departments. (Total: $126,251.47) RES 2-94 RES 3-94 RES 4-94 RES 5-94 REMOVED FOR SEPARATE CONSIDERATION AGR 94-1 CON 94-2 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, January 12, 1994 - Page 7 171 8. CONS~MTCAIFNDA~ continued ACTION TAKEN Accept bid to award Contract to A-C Electric Company ($106,345) for vehicle loop cutting at various intersections within the City. qe Accept bid from Golden State Peterbilt ($658,890.40) for five replacement automated refuse trucks for Public Works Department. Motion by McDermott to adopt Items (a) through (q) of the Consent Calendar, with the exception of Items f., 1., o. and q. CON 94-3 REMOVED FOR SEPARATE CONSIDERATIC~ APPROVED Resolution of Intention No. 1111 to add territory to existing Maintenance District No. 3, Division 5; adopting, confirming and approving Public Works Director's Report; setting February 23, 1994 and March 9, 1994 to hear public testimony on the addition of territory and confirming the 1993-94 assessment (McKee Road). (Ward 6) Brunni absent due to conflict of interest. Motion by McDermott to adopt Item f. of the Consent Calendar. APPROVED ABBRUNNI Improvement Agreement with Frank M. St. Clair and Bradley H. St. Clair for access road improvements to Parcel 1 of Parcel Map 6868, located north of Panama Lane and west of Stine Road. (Ward 6) Rowles absent due to conflict of interest. AGR 94-4 Motion by McDermott to adopt Item 1. APPROVED of the Consent Calendar. AB ROWLES Bakersfield, California, January 12, 1994 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Accept bids to award Annual Contracts (3) to Wilbur-Ellis Company (21 items, $93,816.82); Van Waters & Rogers, Inc. (15 items, $30,957.28); and Kern Turf Supply Inc. (2 items, $1,477.37) for insecticide and herbicide chemicals for use by City departments. (Total: $126,251.47) Motion by Edwards to reject all bids and direct staff to re-bid the item. APPROVED AB MCDERMO~5~? Accept bid from Golden State Peterbilt ($658,890.40) for five replacement automated refuse trucks for Public Works Department. Motion by Brunni to adopt Item q. of the Consent Calendar. APPROVED AB MCDERMCFI~? Brunni referred to staff reviewing of the process of reselling salvaged refuse trucks; how we determine the value; and how to increase the salvage value of surplus equipment. HEARINGS Appeal by Fred Porter, Porter- Robertson, to the decision of the Planning Commission regarding the amount of park land credit approved for Tentative Tract 5656. Planning Director Hardisty provided background information. Hearing opened. Dan Murphy, Land Tech Investment, deferred his comments for two weeks. 174 Bakersfield, California, January 12, 1994 - Page 9 9. H~A~INGS continued ACTION TAKEN Motion by Smith to continue the hearing to the Council Meeting of January 26, 1994 and direct staff to prepare a Resolution of approval with conditions of approval that would give credit for the measured area of park facilities along the drainage channel, provide for the dedication and development of the balance of the 4.5-acre park required of this applicant and reservations of 1.5 acres, for a total of 6 acres of park with the final design to be approved by the Planning Commission prior to the recording of the tract map. APPROVED AB MCDERMOtt Brunni requested staff place informa- tion in Council's next meeting packets on how linear parks work into this; and also, how binding the "Concept Plan" is, as mentioned in the letter from Landtech. Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the properties listed below constitutes a public nuisance and direct- ing the Chief of the Fire Department to abate such nuisance. Ward 4: Vacant field south of 8800 block of Sand Fox Court; Ward 5: Vacant lot west of 3500 Chester Lane; North of 1400 Stine Road; Vacant lot north of 1801 Hasti Acres Drive; Ward 6: Northeast corner Panama & stine Road. Hearing opened. Fire Prevention Inspector DeMarco requested the vacant field south of 8800 block of Sand Fox Court and vacant lot north of 1801 Hasti Acres Drive be removed because they are in compliance. Hearing closed. RES 6-94 Motion by Brunni to adopt Resolution APPROVED confirming the Report of the Fire Chief. AB MCDERMOTT 177 Bakersfield, California, January 12, 1994 - Page 10 9. HEARINGS continued ACTION TAKEN Edwards requested a report back on how and if we are recovering costs. 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Paragraph E. of Section 17.08.080 of Title 17 of the Bakersfield Municipal Code relating to reconstruction of damaged non- conforming buildings. (First Reading December 15, 1993) Motion by DeMond to adopt Ordinance. ORD 3575 APPROVED AB MCDERMOTT DeMond stated we are running out of additional parking, and asked that staff not incorporate that in the future until we get the assessment district or something else on line that can be offered to people. Motion by DeMond to defer New Business Items 12. a., b. and e. until the return of City Manager Tandy to Chambers. APPROVED ABMCDERM09~, 12. NEW BUSINESS Ordinance adding Subsection B. to Section 16.20.060 of the Bakersfield Municipal Code relating to signatures of parties owning recorded mineral interests on final tract maps. Assessment District No. 93-2, Stine/ Harris (Ward 6): Resolution approving boundary map and designating name of Assessment District No. 93-2, Stine/Harris. Resolution preliminarily approving Engineer's Report and setting February 23, 1994 and March 9, 1994 for hearing public testimony on Assessment District No. 93-2, Stine/Harris. FR RES 7-94 RES 8-94 Bakersfield, California, January 12, 1994 - Page 11 173 12. NEWBUSINESS continued ACTION TAKEN Resolution of Intention No. 1112 to order the work and improvements on Assessment District No. 93-2, Stine/Harris. Agreement with Miller & Schroeder Financial, Inc. for Bond Under- writing Services for Assessment District No. 93-2, Stine/Harris. Rowles absent due to conflict of interest. Motion by DeMond to adopt Resolutions and approve Agreement. AGR 94-5 APPROVED AB MCDERMdFI~U ROWLES Amendments to FY 1993-94 Operating and capital Improvements Budgets for City of Bakersfield and Community Development Block Grants (CDBG): Resolution amending Resolution No. 110-93 approving and adopting the Operating and Capital Improvements Budgets for City of Bakersfield, for Fiscal Year 1993-94. Resolution amending Resolution No. 112-93 approving and adopting the Operating and Capital Improvements Budgets for Community Development Block Grants (CDBG) for Fiscal Year 1993-94. Motion by DeMond to adopt Resolutions. RES 9-94 RES 10-94 APPROVED AB MCDERMOq~~ Resolution supporting HR 543 and encouraging U.S. President Clinton and Congress to repeal laws forbidding the export of Alaskan North Slope Crude Oil. Motion by Brunni to adopt Resolution. RES 11-94 APPROVED Mayor Price announced a ten-minute recess at 8:15 p.m. and reconvened the meeting at 8:25 p.m. Motion by DeMond to temporarily defer APPROVED New Business Item h. and address Item i. AB MCDERMOTT 17.3 Bakersfield, California, January 12, 1994 - Page 12 12. NEWBUSINESS continued ACTION TAKEN Agreement with Living Connections, Inc. for the acquisition and rehabilitation of special needs housing. (HOME Invest- ment Partnership Program) (Ward 2) Motion by DeMond to approve Agreement. AGR 94-6 APPROVED ABS BRUNNI ROWLES AB MCDERMOTT Salvaggio requested staff make sure the dirt parking lot is paved. Ken Haff, Executive Director, Living Connections, advised that immediate neighbors on Cedar have not been contacted. Agreement with St. Clair Development for Harris/stine Park within Seasons Development. (Ward 6) Rowles absent due to conflict of interest. Motion by Salvaggio to approve Agreement. AGR 94-7 APPROVED AB MCDERMOtt' ROWLES Agreement with Bakersfield Senior Center, Inc. for acquisition assistance of property located at 610 and 624 Fourth Street. (Ward 1) Edwards absent due to conflict of interest. Motion byDeMond to approve Agreement. AGR 94-8 APPROVED AB MCDERMOTT EUWARDS Bakersfield, California, January 12, 1994 - Page 13 12. NEWBUSINESS continued ACTION TAKEN ao Consideration of proposed revisions to the Disposition and Development Agree- ment (DDA) with John Q. H~mmons for the Bakersfield Convention Center Hotel Project. Communication has been received from: Chris A. Addington, Architect, dated January 12, 1994, in opposition to changing the prevailing wage require- ments for public works projects; Stephen H. Martin, Executive Director, Kern County Contractors Association, Inc. (KCCA), dated January 12, 1994, stating concerns regarding the prevail- ing wage issue; and Morgan Clayton, Greater Bakersfield Chamber of Commerce, dated January 12, 1994, in support of the Bakersfield Convention Center Hotel Project. City Manager Tandy presented a status report with recommendations. Robert Niehaus, John Q.Hammons Industries, commented on the process. Acting City Attorney Skousen provided legal opinion, stating the prevailing wage requirement does not apply to this project and explained available options. AGR 94-9 AGR 94-10 AGR 94-11 AGR 94-12 PUBUC STATEMENTS continued The following individuals spoke in opposition to portions of, or proposed changes to, the DDA: David Rosenfeld, Attorney; Johnny Michelson, Plumbers & Steam Fitters Union; Marvin Dean, Kern County Minority Contractors Assn.; Jim Chilko, representing the National Electrical Contractors Assn., the Heat Metal & Air Conditioning Contractors Assn. and the Plumbing and Mechanical Contractors Assn.; Motion by McDermott to grant an APPROVED additional five minutes to speakers. Bakersfield, California, January 12, 1994 - Page 14 6. PUBUC STATEMENTS continued ACTION TAKEN John Spaulding, speaking for organized labor. The following individuals spoke in support of the DDA: Terry Arnold, Burger King; Edwin W. Wilson, property owner, who also submitted a written statement; Bruce Keith, Immediate Past President of the Downtown Business Association; Tim Ashlock, HPS Plumbing Services; John Waters. The following individuals spoke in rebuttal: John Michelson; Jim Chilko; Sam Cleaver; Tim Ashlock. 12. NEWBUSINESS continued Motion by McDermott to approve the minor and technical changes to the Preface and Sections 303. 401 and 1102 of the Disposition and Development Agreement (DDA). and to the Prefaces of the Joint Marketing/Booking Agree- ment. Catering Agreement and Ballroom Lease Agreement. and to Section 3 of the Ballroom Lease Agreement. APPROVED Motion by McDermott to approve the revision to Section 608 of the DDA. which would require the City and the Central District Development (CDDA) to defend and indemnify the Developer from loss arising out of a future agreement. administrative decision or court adjudication that the Developer must or should have paid prevailing wages to laborers working on the construction of the hotel. with modi- fied language that changes the risk level: · Paragraph A. fourth sentence. changing the wording from "--whether by agreement. administrative or--" to read "--by judicial--"; and adding wording "--in accordance with the provisions of Sub- section C. of this Section 608 --"; and APPROVED NS BRUNNI SALVAGGIO Bakersfield, California, January 12, 1994 - Page 15 18:?, 12. NEWBUSINESS continued ACTION TAKEN · .adding Section C.in its entirety, "In the event that it is judicially determined that California law requires the Developer to pay pre- vailing wages to workers on construc- tion of the Bakersfield Convention Center Hotel, then in addition to reimbursement for litigation expenses incurred, including attorney fees, Corporations shall reimburse Developer for the difference between such pre- vailing wages as are required to be paid as a result of such determination and the amount of money which Developer has budgeted, and Corporations have agreed are reasonable budget estimates, as hard construction costs for the wages which such determination makes subject to California prevailing wage require- ments. Corporations will not unreason- ably withhold their agreement. Corpor- ations have no duty to reimburse Developer for any difference between non-prevailing wages presently expected by Developer to be paid to workers on the Hotel construction and the hard construction costs which Developer has budgeted." Motion by McDermott to refer to Budget & Finance Committee to bring back to this Council a recommended Ad Hoc Committee to study the prevailing wage issue. APPROVED NS EDWARDS DEMOND SALVAGGIO Mayor Price announced a 10-minute recess at 11:15 p.m. and reconvened the meeting at 11:25 p.m. Resolution exempting the City of Bakers- field from the prevailing wage require- ment for public works contracts on public works projects of local concern. NAT Bakersfield, California, January 12, 1994 - Page 16 12. NN BUSINESS continued ACTION TAKEN Assessment District No. 86-2, Buena Vista Trunk Sewer/Riverlakes Ranch (Ward 4): Resolution of Intention No. 1114 to commence proceedings for the refunding of outstanding bonds and the levy of reassessments in connection with Assessment District No. 86-2 and ordering the preparation of a Reassessment Report related thereto. Resolution providing for issuance of refunding bonds and awarding sale of refunding bonds in connection with Assessment District NO. 86-2. (Series I - Tax Exempt) Resolution providing for issuance of refunding bonds and awarding sale of refunding bonds in connection with Assessment District No. 86-2. (Series II - Taxable) Resolution approving and confirm- ing Reassessment Report and reassessment, making findings in connection therewith and ordering refunding and reassessment in connection with Assessment District NO. 86-2. Finance Director Klimko provided back- ground information. Motion by Brunni to adopt Resolutions and request staff to provide notifica- tion to homeowners. RES 12-94 RES 13-94 RES 14-94 APPROVED Bakersfield, California, January 12, 1994 - Page 17 12. NEWBUSINESS continued ACTION TAKEN Consultant's Report regarding City-Wide Park Assessment District and Agreement with Stephen R. Hawkins for consulting services. Assistant City Manager Stinson provided background information. Motion by Brunni to accept Consultant's Report and approve Agreement. 13. COUNCIL STATEMENTS Salvaggio asked Mayor and staff to send a message of concern and support to Fire- fighter Captain Richard Watkins, who is in the hospital. McDermott referred to Community Services Committee the memo from Acting City Attorney Skousen, dated January 7, 1994, regarding merging the Convention Center and Citizens Parks and Recreation Committees by ordinance. AGR 94-13 APPROVED NS EDWARDS DEMOND Motion by McDermott to refer to Planning Commission and Urban Development Committee the issue on this evening's Workshop (Light Rail Study) APPROVED McDermott thanked staff for the proposal for the ISTEA funds. Motion by McDermott to refer to Budget and Finance Committee the feasibility of retaining a consultant to push the ISTEA issue forward. APPROVED Smith remarked on a letter of commendation for Building Department staff sent to Jack Highfill regarding Home Base. McDermott commented he will schedule a meeting of the Centennial Committee. 183 Bakersfield, California, January 12, 1994 - Page 18 14. ADJOURNMENT ACTION TAKE~ Motion by DeNond at 12:00 a.m. APPROVED MAY~oR'~o~t~~ City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA JAN12.MIN 1/27/94 3:48pm