HomeMy WebLinkAbout08/25/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 25, 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, Rowles, Salvaggio
Councilmember Smith
Motion by McDermott to add two Closed
Session Items that arose after the Agenda
was prepared and requires action tonight:
APPROVED
AB SMITH
3 o
Closed Session pursuant to Government
Code Section 54956.8 regarding real
property negotiations respecting the
Convention Center Hotel (property
located at the southeast corner of
Truxtun Avenue and Q street,
Bakersfield) with the Hammons Group.
Closed Session pursuant to Government
Code Section 54957 regarding a
personnel matter.
Motion by McDermott to recess to Closed
Session at 5:20 p.m. and upon adjournment
of Closed Session to reconvene to open
session in the Manager's Conference Room
to consider Goals and Objectives, as time
allows.
APPROVED
AB SMITH
BRUNNI
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
Closed Session pursuant to Government
Code Section 54956.8 regarding real
property negotiations respecting the
Convention Center Hotel (property
located at the southeast corner of
Truxtun Avenue and Q street,
Bakersfield) with the Hammons Group.
NAT
NAT
NAT
47
Bakersfield, California, August 25, 1993 - Page 2
CLOSED SESSION continued
ACTION TAKEN
Closed Session pursuant to Government
Code Section 54957 regarding a
personnel matter.
Motion by McDermott to adjourn Closed
Session at 6:55 p.m.
NAT
APPROVED
AB SMITH
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Paul Dennis, Director, First Assembly of God Church.
2. PLEDGE OF A' ' r:GIANCE
3. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Rowles, Salvaggio
Councilmember Smith
Brunni,
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Pages 1 and 2.
PRESENTATIONS
Presentation of Certificate of Appreciation
and Commemorative Plaque from Bakersfield/
Kern County Olympic Committee by Fire Chief
Steve Johnson for Council's support of the
1993 Firefighter's Olympics.
PUBUC STATEMENTS
Rich O'Neil, Kern River Parkway
Committee, requested only California
native riparian trees and shrubs be
planted within the Kern River Parkway.
Borton A. Buhtz spoke, urging the
Council to table the Conservation Plan
until after November 13, 1993, because
he feels there is a better plan.
Sonny Cotter spoke regarding land
rights in opposition to the MBHCP.
45
Bakersfield, California, August 25, 1993 - Page 3
6. PUBUC STATEMENTS continued
ACTION TAKEN
Donald Lora, spoke regarding air
pollution and traffic congestion.
McDermott requested staff meet with
Mr. Lora regarding traffic signals and
urged Mr. Lora to communicate his ideas
with one of the groups in the community
working to secure funding.
7. APPOINTMENTS
CONSENTCALENDAR
Approval of Voucher Nos. 11986 to 12035
inclusive, in the amount of $169,715.68
and Voucher Nos. 324 to 638 inclusive,
in the amount of $3,048,917.25.
Minutes of the Closed Session and Regular
Meeting of August 11, 1993; and Special
Meeting of August 16, 1993.
Communication from Economic Development
Director Wager, dated August 12, 1993,
regarding a request for purchase of
property on behalf of the Bakersfield
Senior Center.
(Receive and refer to Budget and Finance
Committee)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
Quitclaim Deed from Frank M. & Brandley
H. St. Clair for groundwater rights of
Parcels 2, 3 & 4, generally located
between Harris Road and Panama Lane
and between Stine Road and Ashe Road.
(Ward 6)
Notices of Completion and acceptance of
work for:
Contract No. 92-269 with A-C
Electric Company for traffic signal
installation on District Boulevard
at Gosford Road, completed July 30,
1993.
Contract No. PW93-27 with Hillcrest
Sheet Metal, Inc. for exhaust air
system for the Police large vehicle
parking garage at 1624 15th Street,
completed August 5, 1993.
DEED 3759
49
Bakersfield, California, August 25, 1993 - Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
so 3,
fo
Contract No. 92-142 with True Spirit
Homes and Centercal Properties, Inc.
for Tract No. 5084, Phase 2, land-
scaping, located on the northwest
corner of Stockdale Highway and
Jenkins Road, completed August 4,
1993.
Contract No. 91-268 with Carriage
Homes for Tract No. 5215, located
on the northeast corner of Monitor
Street and Panama Lane, completed
August 4, 1993.
Contract No. 93-19 with Castle &
Cooke Development Corporation for
Tract No. 5244, located on the
northeast corner of Buena Vista
Road and Dear Peak Drive, completed
August 12, 1993.
Contract No. 93-42 with Centex
Real Estate Corporation for Tract
No. 5372, Phase 1, located west of
Calloway Drive and south of Olive
Drive, completed August 6, 1993.
Contract No. 93-44 with Centex/
Mangano Homes for Tract No. 5480,
located on the southeast corner of
Olive Drive and Riverlakes Drive,
completed August 3, 1993.
8 o
Contract No. 92-213 with Castle &
Cooke Development Corporation for
Tract No. 5623, landscaping,
located on the southwest corner of
Gosford Road and White Lane,
completed July 16, 1993.
Contract No. 93-94 with S.A. Camp
Pump Company for drilling, casing
and pump testing Ashe Water Well
No. 31, located on Rosedale High-
way near Patton Way, completed
August 11, 1993. (proposed Rosedale
No. 5 Annexation)
Contract Change Order No. 1 to Contract
No. 93-94 with S.A. Camp Pump Company
for drilling, casing and pump testing
Ashe Water Well No. 31 located on
Rosedale Highway near Patton Way.
(proposed Rosedale No. 5 Annexation)
Bakersfield, California, August 25, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
Resolution amending Resolution Nos.
57-92 and 90-92 setting salaries and
related benefits for employees of the
Blue and White Collar Units and the
General Supervisory Unit. (Supervisor
I [Parks], Supervisor I [Trees],
Development Assistant [ED/CD], Planning
Technician [ED/CD], Data Entry Clerk
[GS], Accounting Clerk II [Sanitation],
Hazardous Materials Specialist, Human
Resources Analyst [2] to Human Resources
Supervisor, Human Resources Technician
to Human Resources Analyst I)
Resolution determining that used cars
cannot be reasonably obtained through
usual bidding procedures and authoriz-
ing the Finance Director to dispense
with bidding therefor, not to exceed
$62,500. (Five replacement sedans for
Police Department)
Resolution authorizing the City Manager
to file an application for a Federal
Grant through the Federal Aviation
Administration (FAA) for the Bakersfield
Municipal Airport. (Ward 1)
Grant Agreement with the Federal
Aviation Administration (FAA) for
acceptance of a Grant Offer of $265,000
for Fiscal Year 1993-94 Bakersfield
Municipal Airport Improvement Program,
Project No. 3-06-0323-09. (Ward 1)
Agreement with Douglas M. Wattenbarger
for acquisition and construction of
drainage basin along Nadeau Street.
(Ward 7)
Non-exclusive Easement Agreement with
Kern County Water Agency for water
diversion works and buried pipeline in
Kern River.
Agreement with Bakersfield Society for
the Prevention of Cruelty to Animals
(S.P.C.A.) for animal facility/replace-
ment plans.
Cooperative Agreement with State of
California, Department of Transportation,
for improvement to the equestrian trail
along Kern River under the Kern River
Bridge at State Route 178. (Ward 5)
REMOVED FOR
SEPARATE
CONSIDERATION
RES 134-93
RES 135-93
AGR 93-156
AGR 93-157
DEED 3760
DEED 3761
AGR 93-158
DEED 3762
REMOVED FOR
SEPARATE
CONSIDERATIOI~
AGR 93-159
Bakersfield, California, August 25, 1993 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Tract Map and Improvement Agreements:
U.S. Home Corporation for Tract
5477, Phase II, north of South-
shore Drive, east of Riverlakes
Drive. (Ward 4)
Delfino Brothers for Tract 5528,
Unit 1, southeast corner of Panama
Lane and Akers Road. (Ward 6)
Accept bid to award Contract to Kern
Backhoe Service, Inc. ($49,200) for
the removal of median pavement on
Union Avenue from Brundage Lane to
California Avenue. (Ward 1)
Accept bid to award Annual Contract to
Safeway Sign Company ($30,836.79) for
traffic signs for Public Works Department.
Accept bid to award Annual Contract to
Stewart Title ($12,500) for title reports.
Accept bid to award Contract to A-C
Electric ($203,286) for traffic signal
on Old River Road at White Lane and
signal modification on California
Avenue at New Stine Road/Stockdale
Highway, and appropriate $35,000
Transportation Development Fees to the
Public Works Capital Improvement Budget
within the Transportation Development
Fund. (Wards 4 & 5)
Accept bid from S.L.O. City Cycles
($36,148.08) for five (5) replacement
motorcycles for Police Department.
Assignment of Sublease at the former
Wastewater Treatment Plant No. 1 to
Salem Communications Corporation for
operation of a radio transmission
facility. (Brandon-Robison Broadcasting,
Elgee Broadcasting) (Ward 1)
Request for recovery of Metropolitan
Bakersfield Habitat Conservation Plan
(MBHCP) staff costs incurred from July,
1991 to June 30, 1993 through transfer
of $39,665.71 from Savings Bond Trust
Wildlife Impact Fee Account to Habitat
Conservation Fee Revenue Account.
AGR 93-160
AGR 93-161
AGR 93-162
REMOVED FOR
SEPARATE
CONSIDERATIC~
CON 93-163
CON 93-164
CON 93-165
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, August 25, 1993 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
Motion by Salvaggio to add Item w. to the
Consent Calendar as an item that arose after
the Agenda was prepared and requires action.
APPROVED
AB SMITH
Wo
Accept bid to award Contract to Granite
Construction Company ($132,159.69) for
traffic signal installation on South H
Street at Panama Lane. (Ward 7)
Motion by McDermott to adopt Items (a)
through (w) of the Consent Calendar with
the exception of Items b., c., g., m., p.
and u.
CON 93-166
APPROVED
AB SMITH
Minutes of the Closed Session and Regular
Meeting of August 11, 1993; and Special
Meeting of August 16, 1993.
Motion by Brunni to defer Item b. of the
Consent Calendar to the Council meeting of
September 8, 1993.
APPROVED
AB SMITH
Communication from Economic Development
Director Wager, dated August 12, 1993,
regarding a request for purchase of
property on behalf of the Bakersfield
Senior Center.
(Receive and refer to Budget and Finance
Committee)
Motion by DeMond to adopt Item c.
Consent Calendar.
of the
APPROVED
NS BRUNNI
AB EDWARDS
SMITH
Resolution amending Resolution Nos.
57-92 and 90-92 setting salaries and
related benefits for employees of the
Blue and White Collar Units and the
General Supervisory Unit. (Supervisor
I [Parks], Supervisor I [Trees],
Development Assistant [ED/CD], Planning
Technician [ED/CD], Data Entry Clerk
[GS], Accounting Clerk II [Sanitation],
Hazardous Materials Specialist, Human
Resources Analyst [2] to Human Resources
Supervisor, Human Resources Technician
to Human Resources Analyst I)
RES 136-93
53
Bakersfield, California, August 25, 1993 - Page 8
8. CONSENT CALENDAR continued
ACTION TAKEN
Motion by Brunni to adopt Item g. of the
Consent Calendar.
APPROVED
AB SMITH
me
Agreement with Bakersfield Society for
the Prevention of Cruelty to Animals
(S.P.C.A.) for animal facility/replace-
ment plans.
Motion by McDermott to refer Item m. of
the Consent Calendar to Budget and
Finance Committee.
APPROVED
AB SMITH
Accept bid to award Contract to Kern
Backhoe Service, Inc. ($49,200) for
the removal of median pavement on
Union Avenue from Brundage Lane to
California Avenue. (Ward 1)
Motion by Edwards to adopt Item p.
the Consent Calendar.
of
CON 93-167
APPROVED
AB SMITH
Assignment of Sublease at the former
Wastewater Treatment Plant No. 1 to
Salem Communications Corporation for
operation of a radio transmission
facility. (Brandon-Robison Broadcasting,
Elgee Broadcasting) (Ward 1)
Motion by McDermott to adopt Item u. of
the Consent Calendar.
APPROVED
ABS BRUNNI
AB SMITH
HEARINGS
Hearing to consider the following items
related to the Metropolitan Bakersfield
Habitat Conservation Plan (MBHCP):
Communication has been received from:
Arthur Unger, dated July 22, 1993, in
support; James Worth, McMurtrey &
Hartsock, dated August 6, 1993, stating
concerns on behalf of the Kern Delta
Water District; and Robert Devereux,
Government Relations Representative,
Bakersfield Association of Realtors,
dated August 24, 1993, supporting the
Building Industry Association and the
Metropolitan Bakersfield Habitat
Conservation Plan.
Bakersfield, California, August 25, 1993 - Page 9
9. HF_.ARINGS continued
ACTION TAKEN
Resolution making findings and
adopting the MBHCP subject to the
changes in Exhibit B. (Wards i - 7)
2 o
Ordinance amending Chapter 15.78
of the Bakersfield Municipal Code
relating to mitigation for urban
development impacts on endangered
species. (Wards 1 - 7) (First
Reading August 11, 1993)
Resolution approving and adopting
fees pursuant to Chapter 15.78 of
the Bakersfield Municipal Code
relating to the MBHCP mitigation
program. (Wards i - 7)
4 o
Resolution making findings and
certifying the Final Environmental
Impact Report for the MBHCP. (Wards
i - 7)
5o
Resolution making findings and
adopting Capital Improvement Plan
for the MBRCP. (Wards i - 7)
Joint Powers Agreement with County
of Kern to form an Implementation
Trust Group responsible for the
MBHCP implementation.
Implementation/Management Agreement
between City of Bakersfield, U.S.
Fish and Wildlife Service, State
Department of Fish and Game, and
County of Kern to implement pro-
visions of the MBHCP.
Hearing opened.
The following individuals spoke in
support of the Habitat Conservation
Plan: Arthur Unger, Sierra Club; Tom
Dandy, Building Industry Association;
David Milazzo, Habitat Conservation
Committee Chairperson; Jim Murphy,
WestKern Corp. Vice-President, BIA
Member; Pat Black; Lynn Lunger, Nature
Conservancy.
Sonny Cotter spoke in rebuttal in
opposition.
Dennis Fox spoke in rebuttal in
support.
RES 137-93
ORD 3556
REMOVED FOR
SEPARATE
CONSIDERATION
RES 138-93
RES 139-93
AGR 93-168
AGR 93-169
AGR 93-170
Bakersfield, California, August 25, 1993 - Page 10
9. HEARINGS continued
ACTION TAKEN
Hearing closed.
Motion by Salvaggio to adopt Hearing
Items:
a.1. Resolution
a.2. Ordinance with amendment to
Exhibit A
a.4. Resolution
a.5. Resolution
a.6. Agreement
a.7. Agreement and authorize submittal
of 10(a) and 2081 permit
applications
APPROVED
AB SMITH
3 o
Resolution approving and adopting
fees pursuant to Chapter 15.78 of
the Bakersfield Municipal Code
relating to the MBHCP mitigation
program. (Wards i - 7)
Motion by Salvaggio to adopt Resolution,
Hearing Item a.3.
RES 140-93
APPROVED
AB SMITH
bo
Public Hearing as required by Resolu-
tion of Intention No. 1108 regarding
assessments for Maintenance District 1,
Division 7. (California Avenue) (Ward 5)
Public Works Director Schulz provided
background information.
No one spoke at hearing. Hearing
closed.
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 September 8,
1993.
10. REPORTS
Bakersfield, California, August 25, 1993 - Page 11
11. DEFERRED BUSINESS
ACTION TAKEN
Brunni requested to consider Deferred
Business Item c. separately.
Ordinance adding Section 13.04.075 to
the Bakersfield Municipal Code relating
to maintenance districts. (First
Reading July 28, 1993)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-30 by changing the zoning
of the site generally along the north-
east corner of Jewetta Avenue and
Brimhall Road from R-S to C-1 on 7
gross acres; from E and R-S to R-2 on
3.49 gross acres; and from R-S to E on
1.36 gross acres. (GPA 2-93,segment
III, ZC 5458) (Ward 4) (First Reading
August 11, 1993)
Ordinance amending Section 10.32.140 of
the Bakersfield Municipal Code relating
to parking of commercial vehicles in
residential areas. (First Reading
August 11, 1993)
Amendment to the Land Use Element of
the 2010 General Plan from LR to HMR on
8.5 acres at the southwest corner of
District Boulevard and Gosford Road.
(GPA 2-93, Segment V) (Ward 4)
(deferred from August 11, 1993)
Motion by McDermott to adopt Deferred
Business Items a. and b. and refer
Deferred Business Item d. to the City
Manager for coordination.
ORD 3557
ORD 3558
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
AB SMITH
SALVAGGIO
Co
Ordinance amending Section 10.32.140 of
the Bakersfield Municipal Code relating
to parking of commercial vehicles in
residential areas. (First Reading
August 11, 1993)
Motion by McDermott to adopt Ordinance
with amendment to include "shall
remain in effect until January 1, 1995."
Due to a tie vote, Mayor Price voted.
ORD 3559
APPROVED
NS EDWARDS
BRUNNI
ROWLES
AB SMITH
PRICE VOTED
AYE
Bakersfield, California, August 25, 1993 - Page 12
$?
11. DEFERRED BUSINESS
ACTION TAKEN
Amended motion by Brunni to refer back
to staff to be brought back to Council
at the next Council meeting.
FAILED
NS MCDERMOTT
EDWARDS
DEMOND
SALVAGGIO
AB SMITH
12 · NEW BUSINESS
Ordinance amending Section 14.04.030 of
the Bakersfield Municipal Code relating
to water service to County residents.
(Wards I - 7)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-31 by prezoning property
southwest of Calloway Drive and Brimhall
Road (Calloway No. 6 Annexation). (Ward
4)
Co
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 375, LAFCO Proceed-
ing No. 1137, Calloway No. 5 Annexation.
(Ward 4)
Motion by McDermott to adopt Resolution
with amendment to read "Fire fund .....
to the City or County who is providing
the fire services,.
FR
FR
RES 141-93
APPROVED
AB SMITH
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 376, LAFCO Proceed-
ing No. 1139, College No. 5 Annexation.
(Ward 3)
Motion by DeMond to adopt Resolution.
RES 142-93
APPROVED
AB SMITH
Agreement between City of Bakersfield,
North Kern Water Storage District and
Chevron U.S.A., Inc. for discharge of
oilfield effluent water into the
Beardsley-Lerdo Canal System.
AGR 93-171
Motion by Salvaggio to approve Agreement. APPROVED
AB SMITH
Bakersfield, California, August 25, 1993 - Page 13
12. NEW BUSINESS continued
ACTION TAKEN
Appointment of voting delegate and
alternate for League of California
cities Annual Conference scheduled
October 16 - 19, 1993, in San Francisco.
Motion by McDermott to defer to
meeting of September 22, 1992.
APPROVED
AB SMITH
13. COUNCIL STATEMENTS
Mayor Price stated he received a phone
call from the Real Estate Industry
complimenting Building Director Dennis
Fidler and his staff.
Motion by Rowles to direct staff to
draft a letter from the Council
regarding Planning Commission behavior
to be brought back at the next Council
meeting.
APPROVED
NS DEMOND
AB SMITH
BRUNNI
14.
ADJOURNMENT
Motion by McDermott at 9:00 p.m.
APPROVED
AB SMITH
MAY~R of the ~ity of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
bz
AUGUST25.MIN
9/10/93 10:42am