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HomeMy WebLinkAbout07/07/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 7, 1993 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, Brunni (seated at 5:20), Salvaggio Councilmember Smith 2. KERN TRANSPORTATION FOUNDATION. Ray Watson, Kern Transportation Foundation Chairman; Ron Brummett, Executive Director of Kern Council of Governments and Kern Transportation Foundation Secretary; Don Lindsay, Kern Transportation Foundation President; and Roger Mcintosh, Kern Transportation Foundation Chief Financial Officer, presented a video and overview of future transportation planning: promoting a modern balanced transportation system that enhances our quality of life and supports the economic vitality of the community through a public awareness program, creative and innovative ways to fund trans- portation needs and build a public/private partnership for future projects. Motion by McDermott to recess to Closed Session at 5:45 p.m. APPROVED AB SMITH CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of Beck, et al. rs. City of Bakersfield, et al. (Kern County Superior Court Case No. 222146GTF) CITY ,A~fORNEY AUTHORIZED TO REJECT OFFER AND MAKE A COUNTER OFFER Closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigation. Motion by Edwards to adjourn Closed Session at 6:57 p.m. UPDATE ON FI~ FUND ISSUE Bakersfield, California, July 7, 1993 Page 2 REGULAR MEETING- 7:00 P.M. INVOCATION by Conard Holt, PLEDGE OF .a,, r:GIANCE OATH OF OFFICE a. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield Deacon, First Assembly of God Church. Newly-elected Councilmember - Ward 5, sworn in by city Clerk. City Clerk Williams administered the Oath of Office to newly-elected Fifth Ward Councilmember Randall L. Rowles. 3b. ROLL CALL Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith (seated at 7:50), Brunni, Rowles, Salvaggio None ACTION TAKE~ CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. PRESENTA~ONS PUBUC STATEMENTS APPOINTMENTS a. Appointments to Committees. Motion by McDermott to appoint Randy Rowles to Budget & Finance Committee, Urban Development Committee Chair- person, Water Resources Committee, and Solid Waste Management Advisory Committee/Local Task Force Alternate. APPROVED One (1) appointment to the Board of Zoning Adjustment, Alternate Position, term to expire December 1, 1993. Motion by McDermott to appoint Jack Leonard to the Board of Zoning Adjustment, Alternate Position, term to expire December 1, 1993. APPROVED AB SMITH Bakersfield, California, July 7, 1993 - Page 3 7. APPOINTMENTS continued ACTION TAKEN One (1) appointment to the Central District Development Agency due to the resignation of Linda Kober, term to expire April 26, 1996. Mayor Price nominated William Morea. Motion by Salvaggio to appoint William Morea to the Central District Develop- ment Agency, term to expire April 26, 1996. (Appointments continued on Page 8) APPROVED ABSMITH CONSENTCALENDAR Approval of Voucher Nos. 10560 to 11188 inclusive, in the amount of $2,120,177.37. Minutes of the Workshop, Closed Session and Regular Meeting of June 23, 1993. Correspondence has been received from Douglas Newhouse, dated June 24, 1993, submitting his resignation from the Community Advisory Council. (Receive and place on file) Full Reconveyance for Home Improvement Loan for Vera Jean Sweatt for property located at 209 South Brown Street. (Ward 1) Notices of Completion and acceptance of work for: Contract No. 92-50 with B.R.C. for Tract No. 5186, Unit 1, located on the southeast corner of Buena Vista Road and Campus Park Drive, completed June 21, 1993. Contract No. 92-263 with Riverlakes Ranch for Tract No. 5477, Phase 1, located northeast of Riverlakes Drive and Hageman Road, completed June 24, 1993. DEED 3733 4 Bakersfield, California, July 7, 1993 - Page 4 8. CONSENT CA~]SNDAR continued ACTION TAKEN no Contract Change Order Nos. 4 through 8 to Contract No. 92-248 with Kenko, Inc. for installation of the Hosking Trunk Sewer. (Wards 6 & 7) Contract Change Order No. 4 to Contract No. 91-256 with R. Burke Corporation for construction on Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Amendment No. 2 to Agreement No. 91-270 with Dennis E. Hummel for project engineering services to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Independent Contractor's Agreement with Tri-County Elevator Company, Inc. for full maintenance elevator services at various locations. (Ward 2) Agreement with Cotton/Beland/Associates, Inc. for Housing Market Study. Agreement with Vineyards Community Association, Inc. for delegation of maintenance duties and to reduce maintenance fees to association members. (Maintenance District No. 2, Division 1) (Ward 4) Agreement with The Greater Bakersfield Convention and Visitors Bureau for promotion and marketing of convention and visitor services. Accept bid from Cummins West, Inc. ($32,898.94) to furnish a standby electric generating system for Ashe Water Well No. 31 located on the south side of Rosedale Highway near Patton Way. (Pending Rosedale No. 5 Annexation) Motion by DeMond to adopt Items (a) through (m) of the Consent Calendar with the exception of Items g., h., i. and j. REMOVED FOR SEPARATE OONSIDERATI(~ REMOVED FOR SEPARATE CONSIDERATIf~ REMOVED FOR SEPARATE CONSIDERATIC~ REMOVED FOR SEPARATE CONSIDERATI~ AGR 93-132 AGR 93-133 APPROVED AB SMITH Bakersfield, California, July 7, 1993 - Page 5 8. CONSENT CAIFNDAR continued ACTION TAKEN Contract Change Order No. 4 to Contract No. 91-256 with R. Burke Corporation for construction on Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Amendment No. 2 to Agreement No. 91-270 with Dennis E. Hummel for project engineering services to widen Coffee Road between Truxtun Avenue and Brimhall Road. (Ward 4) Motion by Brunni to defer Items g. and h. of the Consent Calendar to the meeting of July 28, 1993 with staff responding with an accounting of all monies spent on this project and any change orders made to date. APPROVED AB SMITH Independent Contractor's Agreement with Tri-County Elevator Company, Inc. for full maintenance elevator services at various locations. (Ward 2) Motion by McDermott to adopt Item i. of the Consent Calendar. AGR 93-134 APPROVED NS BRUNNI AB SMITH Agreement with Cotton/Beland/Associates, Inc. for Housing Market Study (CHAS). Motion by McDermott to not adopt Item j. of the Consent Calendar and request City Manager to contact our congressman and urge him to intercede to eliminate the federal mandate. AGR 93-135 NAT Amended motion by McDermott to refer to staff to attempt to get the federal mandate lifted. FAILED NS EDWARDS DEMOND SALVAGGIO AB SMITH PRICE VOTED Due to a tie vote, Mayor Price voted. Motion by Edwards to adopt Item j. of the Consent Calendar. APPROVED NS MCDERMOTT AB SMITH Bakersfield, California, July 7, 1993 - Page 6 9. HEARINGS ACTION TAKEN Resolution confirming amended assessment to segregate and apportion unpaid installments of existing assessment, City of Bakersfield Assessment District 82-1, Assessment and Diagram Amendment Nos. 40 through 48. (Stockdale Trunk Sewer) (Wards 4 & 6) No one spoke at hearing. Hearing closed. Motion by Brunni to adopt Resolution. RES 118-93 APPROVED AB SMITH Resolution confirming amended assessment to segregate and apportion unpaid installments of existing assessment, city of Bakersfield Assessment District 86-2, Assessment and Diagram Amendment Nos. 29 through 37. (Riverlakes Ranch) (Ward 4) No one spoke at hearing. Hearing closed. Motion by Brunni to adopt Resolution. RES 119-93 APPROVED AB SMITH Resolution confirming amended assessment to segregate and apportion unpaid installments of existing assessment, city of Bakersfield Assessment District 87-1, Assessment and Diagram Amendment No. 4. (south Jenkins Road to Buena Vista Road) (Ward 4) No one spoke at hearing. Hearing closed. RES 120-93 Motion by Brunni to adopt Resolution. APPROVED AB SMITH Bakersfield, California, July 7, 1993 - Page 7 9. HEARINGS continued ACTION TAKEN Resolution confirming amended assessment to segregate and apportion unpaid installments of existing assessment, city of Bakersfield Assessment District 90-1, Assessment and Diagram Amendment Nos. 7 through 16. (Jewetta Trunk Sewer) (Ward 4) No one spoke at hearing. Hearing closed. Motion by Brunni to adopt Resolution. RES 121-93 APPROVED AB SMITH Resolution confirming amended assessment to segregate and apportion unpaid installments of existing assessment, city of Bakersfield Assessment Distriot 91-1, Assessment and Diagram Amendment ~os. i and 2. (Hosking Trunk Sewer) (Wards 6 & 7) No one spoke at hearing. Hearing closed. Motion by McDermott to adopt Resolution. RES 122-93 APPROVED AB SMITH 10. REPORTS ao City Manager Oral Report No. 3-93 regarding city-Wide Park Maintenance District. Assistant City Manager Stinson provided a slide presentation, distributed material and furnished background information and options included in the assessment: boundaries (incorporated/unincorporated), services and facilities (neighborhood/ community parks, tree maintenance, land- scaping, Kern River Parkway), levying of assessment (blanket, zones of benefits, phasing in, senior citizen rebates, Joint Powers Agreement), legal forma- tion (protest hearing, advisory elec- tion in conjunction with protest hearing, special election, postcard ballots) Bakersfield, California, July 7, 1993 - Page 8 10. R~O~]~ continued ACTION TAKEiN Staff is recommending: 1) City-Wide Assessment District to include adjacent unincorporated areas (with County approval). 2) Include neighborhood and community parks, trees, median islands and street scapes and also the Kern River Parkway. 3) Provide for assessments based on zone of benefits. 4) Form the assessment district with an election with the possibility of using a postcard ballot. 5) Provide for a senior citizen rebate. Constraints are time frame, costs in required engineering work, public information/promotion costs, election costs, budgetary implications for FY 1994-95. The assessment does not include recreation, only parks. Henry Agonia, North Bakersfield Recrea- tion and Park District General Manager, spoke. Motion by Edwards to refer to staff to report to Community Services Committee and bring back to Council with the next step. APPROVED 7 o APPOINTMENTS continued Motion by McDermott to add an item that arose after the agenda was prepared and requires action tonight. APPROVED One (1) appointment to the Citizens' Parks & Recreation Committee due to the resignation of Melissa Jolley (Ward 6), term to expire November 1996. Motion by McDermott to appoint Richard Russell (Ward 6) to the Citizens' Parks & Recreation Committee, term to expire November 1996. APPROVED Bakersfield, California, July 7, 1993 - Page 9 7. A~POI~M~S continued ACTION TAKEN Motion by Salvaggio to add an item that arose after the agenda was prepared and requires action tonight. APPROVED One (1) appointment to the citizens' Parks & Recreation Committee due to the resignation of Anthony Eterno (Ward 7), term to expire November 1994. Motion by $alvaggio to appoint Mike Fawcett (Ward 7) to the Citizens' Parks & Recreation Committee, term to expire November 1994. APPROVED 11. DEFERRED BUSINESS 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-19 and 123-20 by changing the zoning on a site consisting of 610.5 acres located north of Panama Lane, west of Progress Road, south of Pacheco Road, and east of Buena Vista Road from A-20A to R-l, R-lCH and C-2 Zones. (Ward 4) Ordinance amending Chapter 3.30 of the Bakersfield Municipal Code relating to in-lieu taxes. Resolution providing for the adjustment of property tax revenues upon local agency jurisdlctional change resulting from Hageman No. 1, Annexation No. 374, LAFCO Proceeding No. 1135. (Ward 4) FR FR RES 123-93 Motion by Brunni to adopt Resolution. APPROVED ABS ROWLES Bakersfield, California, July 7, 1993 Page 10 12. NEWBUSINESS continued ACTION TAKEN Resolution authorizing entry into a Joint Exercise of Powers Agreement with Central District Development Agency for the purposes of the Mark-Roos Local Bond Pooling of 1985. Joint Exercise Powers Agreement with Central District Development Agency forming the Bakersfield Public Financing Authority. Motion by McDermott to adopt Resolution authorizing approval of Agreement. RES 124-93 AGR 93-136 APPROVED Agreement with Kern Economic Develop- ment Corporation (KEDC) dedicated to attracting new industry to the County. Master Services Agreement with Hugh R. Rhys dba Rhys & Associates to provide various recycling related services. City Manager Tandy clarified Item 12.d.: Joint Powers Agreement has no authority unilaterally to issue bonds or to incur redevelopment debt; an umbrella agency allows for some financial advantages to be achieved if City Council and/or Central District Development Agency choose to exercise it under normal statutory procedures. Motion by DeMond to defer to the meeting of July 28, 1993 and staff to come back with justification of why we need this service and a maximum on the contract. DELETED APPROVED Council policy regarding budget review. Motion by Salvaggio to create a Council Policy that the annual budget review be an item for the Full Council with public meetings and budget presentation to Council by the first part of April rather than May 12th. APPROVED Bakersfield, California, July 7, 1993 - Page 11 12. NEW BUSINESS continued ACTION TAKEN Setting date and time for Council Goal-setting Session. Motion by Brunni to set Saturday, August 14, 1993 for a goal-setting session. FAILED NS EDWARDS DEMOND SMITH SALVAGGIO ABS MCDERMOTT Motion by Smith to set Friday, September 17, 1993 for a goal-setting session. WITHDRAWN Motion by Smith to set Friday, September 24, 1993 for a goal-setting session. FAILED NS MCDERMOTT BRUNNI ROWLES SALVAGGIO Motion by McDermott to set Saturday, July 17, 1993 for a goal-setting session. FAILED Motion by Edwards to set Thursday, August 12, 1993 for a goal-setting session. NAT Motion by Brunni to consider a substitute motion to set Saturday, August 14, 1993 for goal-setting session. FAILED Motion by Edwards to set Thursday, August 12, 1993 for a goal-setting session. FAILED Motion by Brunni to not have a goal- setting session. FAILED Motion by Edwards to set July 28, 1993 at 3:15 p.m. for a goal-setting session. APPROVED NS MCDERMOTT SMITH BRUNNI Motion by Brunni to reconsider the APPROVED date for setting a goal-setting session. Bakersfield, California, July 7, 1993 - Page 12 12. N~ BUSINESS continued ACTION TAKE]~ Motion by DeMond to set two, no more than four, 2-hour lunch meetings, prior to the end of August, for goal-setting sessions, with staff setting dates, and finish with a workshop, if necessary. APPROVED NS EDWARDS 13. COUNCIL STATEMENTS Mayor Price stated there is a bill before the Senate forbidding them from making mandates without full funding. McDermott announced an event in Fresno Friday, July 9th, sponsored by Congressman Dooley, entitled "Hard Choices". Brunni referred to staff correspondence from Lance Roth, dated July 2, 1993, requesting traffic and vehicular control on So. Laurel- glen Blvd., west of Gosford Road. Brunni thanked the Bakersfield Firefighters for an impressive 4th of July fireworks show. Brunni thanked staff for a meeting held July 1st regarding the Hageman Road Bridge, which they have been working on for four years. Brunni referred to staff an article regarding a commission on reinventing government, with staff to provide more information to Council and press for a Bakersfield representative on the commission. DeMond referred to staff, for review, the article in the newspaper about the new park in the Kern River Parkway area, indicating the auto road is to cross over the bike path. Edwards requested an update on a previous request regarding speed bumps. Edwards referred to staff a previous request regarding repair of the Southern Pacific Railroad Crossing on East California Avenue. Bakersfield, California, July 7, 1993 - Page 13 13. COUNCILSTATEMEN'I'S continued ACTION TAKEN Edwards referred to Economic/Community Development Director Wager the issue of graffiti, and property that he requested over a month ago to be cleaned up (Kern Delta Water Company property and another property) and requested to be advised if there are problems with graffiti cleanup. Salvaggio referred to staff graffiti at Wilson Road between Hughes Lane and Larson Lane; and So. H Street between Ming Avenue and Wilson Road. Salvaggio referred to Planning Director Hardisty the chain link security fence at the Kern County Alcohol Center, 2913 So. H Street, to see if it is slatted and when the parking lot will be done. Salvaggio referred to Urban Development Committee a previous request from 1 1/2 years ago regarding an ordinance on commercial truck parking in residential areas. Salvaggio referred to Urban Development Committee the issue of the South Beltway and as they meet on that to have staff look at land acquisition costs. Rowles thanked City Attorney and Planning staff for response to the group home issue and referred back to staff to provide a concise information sheet to provide to residents informing them what the rules and laws are. McDermott stated Urban Development Committee response regarding the commercial vehicles ordinance was received last meeting and a draft ordinance will be coming before Council. Bakersfield, California, July 7, 1993 - Page 14 14. ADJOURNMENT ACTION TAKEN Motion by McDermott at 9:30 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 nss JULY7.MIN 8/ 4/93 2:03pm