HomeMy WebLinkAbout01/26/1994 MINUTES CCBAKERSFIELD CITY COUNCIL 1 8 ~.~
MINUTES
MEETING OF JANUARY 26, 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 (seated at 5:20),
Edwards (seated at 5:20), DeMond,
Smith, Brunni, Rowles, Salvaggio
None
Motion by Rowles to add Closed Session Item
3. that arose after the Agenda was posted
and requires action tonight.
APPROVED
AB MCDERMO~F
EDWARDS
Motion by DeMond to adjourn to City
Manager's Conference Room for Workshops
on Budget and city Council Goal Setting;
and Closed Session at 5:25 p.m.
APPROVED
ABEDWARDS
CLOSED SESSION
Conference with Legal Counsel (anticipated
litigation) Initiation of litigation pur-
suant to Government Code Section 54956.9(c)
(one potential case).
STAFF DIRECTED
TO CONTINUE TO
NEGOTIATE
Conference with Legal Counsel (existing
litigation) pursuant to Government Code
Section 54956.9(a) in the case of Evans vs.
City of Bakersfield, et al., Court of Appeals
of the State of California Fifth Appellate
District, No. F016745, Kern County Superior
Court Case No. 208234.
STAFF
AUTHORIZED T,O
REJECT THE
SETTLEMENT
OFFER AND
WAS GRANTED
AUTHORITY FOR
NEGOTIATION
Conference with Legal Counsel (existing
litigation) pursuant to Government Code
Section 54956.9(a) in the case of City of
Bakersfield, Petitioner, rs. County of Kern,
et al., Respondent, Kern County Superior
Court Case No. 224714 NFT.
SETTLEMENT
OFFER WAS
REJECTED
Bakersfield, California, January 26, 1994 - Page 2
REGULAR MEETING - 7:00 P.M·
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
IN~OCA~ON by Randy Rankin, Director, First Assembly of God
Church.
2. PLEDGE OF AI ' I=GIANCE by Rodney Moyer, Troop 218.
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
CLOSEDSESSION ACTION
Vice-Mayor McDermott announced Closed
Session action as reflected on Page 1.
5e
PRESENTA~ONS
Motion by McDermott to add Presentation
Item a. that arose after the Agenda was
posted and requires action tonight.
APPROVED
Mayor Price presented a letter of
commendation to Building Director Fidlet
recognizing the assistance of Building
Department Employees to Santa Clarita
following the Northridge Earthquake.
Mayor Price encouraged Council to view
the Disaster Preparedness video,
presented to Building Director Fidler.
PUBUC STATEMENTS
Daniel E. DeFord, spoke regarding the
Fire Chief position, urging that it be
filled as soon as possible.
John Tait, Community First Bank, spoke
in support of the proposed improvements
on K Street. (New Business Item 12.g.)
Brunni requested someone respond to Mr. DeFord
to explain Council's role in that appointment.
Bakersfield, California, January 26, 1994 - Page 3
7. APPOINTMENTS
ACTION TAKEN
ae
Two (2) appointments to the Community
Advisory Council due to the expiration
of terms of Fred Rodriguez and Tony
Manzano, terms expired December 31,
1993.
Motion by Edwards to defer this item
to the meeting of February 9, 1994.
APPROVED
Rowles recognized Troop 218 from the
Park Stockdale Civic Association and
thanked them for their interest in
the community.
8e
CONSENTCALENDAR
ae
Voucher Nos. 5025 to 5517 inclusive,
in the amount of $3,674,377.76.
be
Minutes of the Workshop, Closed Session
and Regular Meeting of January 12, 1994.
REMOVED FOR
SEPARATE
CONSIDERATIC~
Ce
Communication has been received from
Paige S. Halterman, Golden Empire
Transit District, dated December 21,
1993, submitting the District's Annual
Financial Report for Fiscal Year ending
June 30, 1993.
(Receive and place on file)
Notices of Completion and acceptance of
work:
Contract No. 92-226 with Glenwood
Partners for Tract No. 5389, Phase
3, landscaping, located southeast
of Akers Road and Birkshire Road,
completed January 5, 1994.
Contract No. 93-192 with Tract 5445
Partners for Tract No. 5445, Phase
3, located on the southeast corner
of Calloway Drive and Meacham Road,
completed January 11, 1994.
Bakersfield, California, January 26, 1994 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
do 3.
Contract No. 92-194 with Villa Rosa
Development for Tract No. 5545,
landscaping, located on the south-
west corner of White Lane and
Mountain Vista Drive, completed
January 9, 1994.
Plans and Specifications for resurfacing
California Avenue between Stockdale
Highway and Real Road. (Ward 5)
Contract Change Order No. 2 to Contract
No. 93-93 with Kern County Construction
Inc., for construction of Ashe Water
Well No. 27. (Ward 4)
Resolution proposing Expansion No. 5 of
the boundaries of the Southeast Metro-
politan Bakersfield Incentive Area.
(Ward 2)
Tract Maps and Improvement Agreements:
Tevis Ranch, L.P., for Tract No.
5666, Phase 1, located approxi-
mately 700 feet south of White
Lane, west of, and adjacent to,
the Buena Vista Canal. (Ward 4)
2 o
Kaufman and Broad of Southern
California, Inc., for Tract No.
5701, located on the south side of
Harris Road, approximately 1300
feet east of Ashe Road. (Ward 4)
Amendment No. 1 to Agreement No. 92-99
with Nationwide Commercial Auction
Systems for auctioneer services.
Accept bid to award Annual Contract to
Tri State Auction Company (5.9%
commission) for auctioneer services to
sell City surplus equipment (other than
vice seizure).
Accept bid to award Annual Contract to
Niagara Car Wash ($28,260) for washing
City vehicles.
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 94-14
REMOVED FOR
SEPARATE
CONSIDERATION
CON 94-15
CON 94-16
Bakersfield, California, January 26, 1994 - Page 5
1'.:)0
8. CONSENTCALENDAR continued
ACTION TAKEN
Accept bid to award Annual Contract to
Valley Tree & Construction ($131,710)
for demolition of substandard buildings
for use by the Development Services
Department.
Accept bid to award Contract to
A.D.& D. Flooring ($22,025) to furnish
and install carpet in City Hall Annex.
Appropriation of $43,500 for City-Wide
Park Assessment District consulting
services from fund balance in the
General Fund to the Parks Division
Operating Budget within the General
Fund.
Appropriations of $62,500 for previously
approved construction costs for Contract
No. 93-246; and $71,200 for Contract
Change Order Nos. 1 - 4 with Granite
Construction Company for the Ashe Road
at Harris Road box culvert and inter-
section construction at the Arvin-
Edison Canal from the Transportation
Development Fund Balance to the Public
Works Capital Improvements Budget within
the Transportation Development Fund.
(Wards 4 & 6)
Motion by DeMond to adopt Items (a) through
(0) of the Consent Calendar, with the excep-
tion of Items b., e., g., h.i., i., n. and o.
CON 94-17
CON 94-18
REMOVED FOR
SEPARATE
CONSIDERATIf~
REMOVED FOR
SEPARATE
CONSIDERATIC~
APPROVED
Minutes of the Workshop, Closed Session
and Regular Meeting of January 12, 1994.
Motion by McDermott to adopt Consent
Calendar Item b. with an amendment to
Page 13, Public Statements Item d.,
first sentence, to read: "The follow-
ing individuals spoke in opposition to
portions of. or proposed changes to,
the DDA:"
APPROVED
Plans and Specifications for resurfacing
California Avenue between Stockdale
Highway and Real Road. (Ward 5)
Motion by Rowles to adopt Consent APPROVED
Calendar Item e.
Bakersfield, California, January 26, 1994 - Page 6
8. CONSENTCALENDAR continued
ACTION TAKEN
Resolution proposing Expansion No. 5 of
the boundaries of the Southeast Metro-
politan Bakersfield Incentive Area.
(Ward 2)
Motion by DeMond to adopt Consent
Calendar Item g.
RES 15-94
APPROVED
NS EUWARDS
Tract Map and Improvement Agreement:
Tevis Ranch, L.P., for Tract No.
5666, Phase 1, located approxi-
mately 700 feet south of White
Lane, west of, and adjacent to,
the Buena Vista Canal. (Ward 4)
Brunni requested staff confirm, for
the record, that the park issue dealing
with Tract 5666 has been resolved.
Tandy acknowledged that the acquisition
has been handled, the estimate of about
$70,000 away from funding the improve-
ments is correct and the location of
the park has been rectified.
Motion by Brunni to adopt Consent
Calendar Item h.i.
AGR 94-19
APPROVED
Amendment No. 1 to Agreement No. 92-99
with Nationwide Commercial Auction
Systems for auctioneer services.
Motion by Brunni to adopt Consent
Calendar i. to include a condition
that an RFP be done in September with
the anticipation of awarding a contract
for a December renewal date.
AGR 94-20
APPROVED
Appropriation of $43,500 for City-Wide
Park Assessment District consulting
services from fund balance in the
General Fund to the Parks Division
Operating Budget within the General
Fund.
Motion by Brunni to adopt Consent
Calendar Item n.
APPROVED
NS EDWARDS
DEMOND
SMITH
Bakersfield, California, January 26, 1994
Page 7
19£
8. OONSENTOALENDAR continued
ACTION TAKEN
Appropriations of $62,500 for previously
approved construction costs for Contract
No. 93-246; and $71,200 for Contract
Change Order Nos. 1 - 4 with Granite
Construction Company for the Ashe Road
at Harris Road box culvert and inter-
section construction at the Arvin-
Edison Canal from the Transportation
Development Fund Balance to the Public
Works Capital Improvements Budget within
the Transportation Development Fund.
(Wards 4 & 6)
Motion by McDermott to adopt Consent
Calendar Item o.
APPROVED
NS ROWLES
HEARINGS
Continued appeal by Fred Porter,
Porter-Robertson Engineering for
Landtech, regarding the amount of
park land credit approved for
Tentative Tract 5656. (Ward 3)
(Continued from January 12, 1994}
Assistant Planning Director Grady
provided background information.
Hearing reopened.
Randy Berkowitz, Porter-Robertson
Engineering, spoke in support of
staff recommendation.
Hearing closed.
Motion by Smith to adopt Resolution
modifying the decision of the Planning
Commission by granting 1.75 acres of
park land credit for park facilities
developed in conjunction with the
drainage channel of Tentative Tract
5656.
RES 16-94
APPROVED
10. REPORTS
Bakersfield, California, January 26, 1994 - Page 8
11. DEFERRED BUSINESS
ACTION TAKEN
Ordinance adding Subsection E. to
Section 16.20.060 of the Bakersfield
Municipal Code relating to signatures
of parties owning recorded mineral
interests on final tract maps.
(First Reading January 12, 1994)
Motion by McDermott to adopt Ordinance.
ORD 3576
APPROVED
12. NEW BUSINESS
a. Tow Trucks:
Ordinance repealing Chapter 5.52
of the Bakersfield Municipal Code
relating to tow trucks.
Resolution setting rates and
equipment specifications for tow
truck services provided pursuant
to contract with the City of
Bakersfield.
Ordinance amending Subsection C. of
Section 5.51.010 and Subsection B.29.
of Section 17.22.020 and repeallng
Section 17.04.610 of the Bakersfield
Municipal Code regarding temporary
promotional activities.
Motion by McDermott to give First
Reading to Ordinances and refer Items
a. 1. & 2. and b. to the appropriate
committee. (Budget & Finance Committee)
FR
FR
APPROVED
Brunni requested Item a. be referred
to Chamber of Commerce, California Tow
Truck Association and Automobile Club
of Southern California.
Ordinance amending Subsection D. of
Section 2.04.150 of the Bakersfield
Munlcipal Code regarding City Council
meetings (Ordinances).
Assistant City Attorney Marino provided
background information.
FR
194
Bakersfield, California, January 26, 1994 - Page 9
12. NEW BUSINESS continued
ACTION TAKEN
de
ee
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-08 by changing the zoning
of 4.60 acres from R-1 to C-1 on 2.56
acres; C-1 to R-1 on 1.85 acres; and
C-1 to OS on 0.19 acres, to facilitate
the reconfiguration of zoning district
boundaries within the Riverlakes Ranch/
Unibell Specific Plan area, generally
located at the northwest corner of
Coffee Road and Olive Drive. (Ward 4)
Resolution adopting city Schedule of
Paid Holidays for Blue and White Collar,
General Supervisory, Police Supervisory
and Management Units.
Amended motion by McDermott to amend
the Resolution to strike the words
"President. Governor" in the last
paragraph of Section A, first pages
of Exhibits A and B.
FR
RES 17-94
FAILED
NS EDWARDS
DEMOND
SMITH
SALVAGGIO
Motion by Edwards to adopt Resolution.
APPROVED
NS MCDERMO~.F
BRUNNI
ROWLES
Assessment District No. 93-1, Northeast
Sewer & Gas Lines (Ward 3):
Resolution determining unpaid
assessments, providing for
issuance of bonds and awarding
sale of bonds in connection with
Assessment District No. 93-1.
(Series I - Tax Exempt, Sewer Line)
Resolution determining unpaid
assessments, providing for
issuance of bonds and awarding
sale of bonds in connection with
Assessment District No. 93-1.
(Series II - Taxable, Gas Line)
Smith absent due to conflict of interest.
RES 18-94
RES 19-94
Motion by DeMond to adopt Resolutions. APPROVED
AB SMITH
Bakersfield, California, January 26, 1994 - Page 10
12. NEWBUSINESS continued
ACTION TAKEN
K Street Improvements and city Parking
Lot (Ward 2):
Reimbursement Agreement with 19th
and K Partnership (Kress) for K
Street improvements and City
parking lot.
Reimbursement Agreement with
Community First Bank (CFB) for K
Street improvements and city
parking lot. (Ward 2)
Economic Development Principal Planner
Lyman provided background information.
Motion byDeMond to approve Agreements.
AGR 94-21
AGR 94-22
APPROVED
Amendment No. 2 to Memorandum of Under-
standing, Agreement No. 91-254, with
County of Kern to implement the Fair
Housing Program.
Community Development Coordinator
Gonzales provide background information.
Motion by Edwards to approve Agreement
and recognize the applicability of the
Amendment to work performed between the
period of October 1, 1993 and January
25, 1994.
AGR 94-23
APPROVED
Contract for recruitment of City
Attorney.
Motion by McDermott to approve a
Contract with Griffith & Associates
for recruitment of City Attorney.
CON 94-24
APPROVED
NS SALVAGGIO
Motion by Edwards to require provider
to meet with each Councilmember for
independent interviews.
APPROVED
Bakersfield, California, January 26, 1994 - Page 11
13. COUNCIL STATEMENTS
ACTION TAKE~N
McDermott reported the Budget & Finance
Committee decisions relating to Ad Hoc
Prevailing Wage Research Task Force, as
follows:
- Recruitment of volunteers
- Seven members with broad spectrum of
expertise
- Study will be short time frame
- Applications are available and due
February 7, 1994
Smith referred to Traffic Committee the
following concerns:
- Signal light needed at Niles and Highway
178 (corner by Mesa Marin), because of
the new Cesar Chavez School;
- Signal light needed at Highway 178 and
Comanche because of garbage trucks
traveling through there;
- Speed zones on Bernard, between Mt. Vernon
and Oswell (school at Mt. Vernon and
Bernard); speed begins at 25 mph and advances
to 45 mph within a short span; and
- Tumbleweeds on Panorama past Panorama Park.
Brunni referred to Traffic Committee the
possibility of a 4-way stop at Verdugo and
Hageman because of a future school opening.
Brunni referred to Public Works the median
that was promised to be built at the
intersection of Calloway Drive and Meacham.
Brunni mentioned complaints she has been
receiving regarding garbage fees from
small-business and apartment owners.
Rowles recognized the Building Department
for assisting a business owner and Public
Works Assistant Director Kloepper for his
assistance in the Quailwood/Park Stockdale
neighborhood meetings.
Rowles referred to Parks Superintendent a~
irrigation pipe leak in the soccer area at
Beach Park.
Bakersfield, California, January 26, 1994 - Page 12
13. COUNCIL STATEBE~[rs continued
ACTION TAKEN
Rowles thanked Vice-Mayor McDermott for his
effort in the hotel project.
Salvaggio referred to Public Works Director
Schulz a request for a time line on the
construction of a traffic signal at Panama
Lane and South H.
Salvaggio referred to City Manager an unstable
masonrywall behind Teal Street on the old
Green Valley Recreation Center property.
Rowles referred to Assistant City Manager
Stinson, correspondence from Richard E.
Brown, dated January 24, 1994, regarding
911 calls.
Mayor Price announced that the Council
Resolution supporting release of Alaskan
North Slope Oil was sent to the President,
Governor and various State and Federal
Legislature.
Mayor Price commended Economic/Community
Development employees David Lyman, George
Gonzales and Hillary Rojo who met with
Mayor's Youth Council last evening;
interest was shown in a City-Wide High
School Graffiti Removal Day in May.
14. ADJOURNMENT
Motion by McDermott at 8:45 p.m. APPROVED
MA~-OR of the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
JAN26.MZN
2/11/94 4:38pm