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HomeMy WebLinkAbout09/08/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 8, 1993 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Edwards, DeMond, Smith, Brunni, Rowles (seated at 6:05), Salvaggio (seated at 5:32) Councilmember McDermott CITY COUNCIL GOAL SETTING. Motion by DeMond to recess to Closed Session at 5:28 p.m., followed by City Council Goal Setting Session. 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. Motion by Brunni to adjourn Closed Session at 6:30 p.m. NAT NAT REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Rick Roper, Director, First Assembly of God Church. 2. PLEDGE OF AII I=GIANCE by Monj i Alade. 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio Councilmember McDermott Bakersfield, California, September 8, 1993 - Page 2 4. CLOSED SESSION ACTION ACTION TAKEN Mayor Price announced Closed Session action as reflected on Page 1. 5. PRESENTATIONS so Presentation of proclamation by Mayor Price to Kenya Center representative, proclaiming Wednesday, September 8, 1993 as "Kenya Victory Garden Day" in the City of Bakersfield. Mayor Price reported on one of his goals of working with youth in the community, creation of a Youth Advisory Council to work with the Mayor, intro- duced individuals present that are active in this endeavor, and announced the progress attained thus far. PUBUC STATEMENTS The following individuals spoke regarding the redesignation of the southwest corner of White Lane and Old River Road: Daniel M. Owens an Alan Holzman. Marvin Dean spoke in opposition to New Business Items 12. e. and f. regarding Housing and Urban Development funding. (Public Statements continued on Page 8) 7. APPOINTMENTS CONSENTCALENDAR Approval of Voucher Nos. 12036 to 12114 inclusive, in the amount of $100,086.80; Voucher Nos. 639 to 1066 inclusive, in the amount of $1,244,648.46; Self Insurance Vouchers Nos. 3342 to 3346 inclusive, in the amount of $7,548.56; and Self Insurance Voucher Nos. 31 to 348 inclusive, in the amount of $317,119.47. Bakersfield, California, September 8, 1993 - Page 3 .61 8. CONSENT CAIFNDAR continued ACTION TAKEN Minutes of Closed Session and Regular Meeting of August 11, 1993 and Special Meeting of August 16, 1993 (deferred from August 25, 1993); and Closed Session and Regular Meeting of August 25, 1993. Deed of Reconveyance for Home Improve- ment Loan for Jessie Thompson regarding property located at 1421 Wilkins. (Deed of Trust No. 2160) (Ward 1) Deed of Reconveyance for Home Improve- ment Loan for Jossie M. Montgomery regarding property located at 2420 Palm Street. (Deed of Trust No. 2754) (Ward 2) Notices of Completion and acceptance of work: Contract No. 93-8 with Castle & Cooke Development Corporation for Tract No. 5428, located on the northeast corner of White Lane and Mountain Vista Drive, completed August 25, 1993. Contract No. 92-48 with Bakersfield II Limited Partnership for Tract No. 5432, Phase I, landscaping, located south of Panama Lane and east of Stine Road, completed August 23, 1993. Contract No. 92-211 with Castle & Cooke Development Corporation for Tract No. 5616, landscaping, located on the northeast corner of Old River Road and Campus Park Drive, completed August 25, 1993. Plans and Specifications for traffic signal modification on Columbus and Haley Streets. (Ward 3) Tract Maps and Improvement Agreements: Centex Real Estate Corporation for Tract 5372, Unit 2, located between Calloway Drive and Verdugo Lane, approximately 1300 feet north of Noriega Road. (Ward 4) DEED 3768 DEED 3769 AGR 93-172 AGR 93-173 Bakersfield, California, September 8, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Coleman Homes, Inc. for Tract 5151, Phase 1; and Tract 5152, Phase 1, located 600 feet south of Hageman Road, east of Main Plaza Drive. (Ward 4) Common Use Agreement with North Kern Water Storage District for the Hageman Road culvert crossing over the Calloway Canal. (Ward 4) First Amendment to Agreement No. 93-88 with Porter-Robertson Engineering & Surveying for securing gas pipeline design from P.G.& E. (Assessment District No. 93-1, Northeast Sewer Project) (Ward 3) Program Supplement No. 051, with State of California for engineering design for a bridge replacement on Manor Street at Carrier Canal. (Ward 2) Accept bid to award Contract to Granite Construction Company ($92,433) for Stockdale Highway median construction, Coffee Road to 1200 feet east of E1 Rio Drive. (Ward 4) Accept bid to award Contract to Contronics, Inc. dba Micon ($67,886.00) for the construction of storm drain on F Street, from 19th Street to 21st Street. (Ward 2) Accept bid to award Contract to Granite Construction Company ($1,034,944) for Hageman Road Bridge at Friant-Kern Canal and culvert at Calloway Canal and appropriate $150,000 Gas Tax fund balance to the Public Works Department Capital Improvement Budget within the Gas Tax Fund. (Ward 4) Accept bid from Synchronex ($49,243.19; 272 items) and Traffic Control Technologies ($2,573.83; 16 items) for traffic signal equipment for the Public Works Department. AGR 93-174 AGR 93-175 AGR 93-176 AGR 93-177 AGR 93-178 REMOVED FOR SEPARATE CONSIDERATION AGR 93-179 CON 93-180 CON 93-181 REMOVED FOR SEPARATE CONSIDERATIOlV Bakersfield, California, September 8, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEiN Reject all bids for construction of landscape/irrigation system for Kern River Bike Path Rest Stop Areas at the northeast corner of Coffee Road and Truxtun Avenue and northwesterly of the Amber Court and Elm Street intersection. (Wards 4 & 5) Appropriate $70,000 Seized Asset Proceeds to the Police Department Operating Budget in the General Fund for the acquisition and installation of a Mobile Detention Trailer (MDT). Appropriate $110,200 County contribution to the Water and Sanitation Department Operating Budget within the Refuse Fund. Motion by DeMond to adopt Items (a) through (q) of the Consent Calendar with the excep- tion of Items i., m. and p. REMOVED FOR SEPARATE CONSIDERATIC~ APPROVED AB MCDERMOtt? First Amendment to Agreement No. 93-88 with Porter-Robertson Engineering & Surveying for securing gas pipeline design from P.G.& E. (Assessment District No. 93-1, Northeast Sewer Project) (Ward 3) Smith was absent due to a conflict of interest. Motion by DeMond to adopt Item i. of the Consent Calendar. AGR 93-182 APPROVED AB SMITH MCDERMOTT Accept bid to award Contract to Granite Construction Company ($1,034,944) for Hageman Road Bridge at Friant-Kern Canal and culvert at Calloway Canal and appropriate $150,000 Gas Tax fund balance to the Public Works Department Capital Improvement Budget within the Gas Tax Fund. (Ward 4) CON 93-183 Motion by Brunni to adopt Item m. of APPROVED the Consent Calendar. AB MCDERMOTT Bakersfield, California, September 8, 1993 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Do Appropriate $70,000 Seized Asset Proceeds to the Police Department Operating Budget in the General Fund for the acquisition and installation of a Mobile Detention Trailer (MDT). Motion by DeMond to adopt Item p. of the Consent Calendar. APPROVED AB MCDERMO~5? HEARINGS Protest Hearing as required by Resolu- tion of Intention No. 1108 establishing Maintenance District 1, Division 7. (California Avenue) (Ward 5) No one spoke at hearing. Hearing closed. Motion by Rowles to adopt Resolution establishing Maintenance District No. 1, Division 7, confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. RES 143-93 APPROVED NS BRUNNI AB MCDERMOTT Appeal by Landtech Investment Corpora- tion of Planning commission Condition Nos. 6 and 7 on Zone Change No. 5415. (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-11 by changing the zoning of 23.03 acres generally located north of Highway 178 and east of the northerly extension of Miramonte Drive from an A Zone to an R-1 Zone. (Ward 3) Planning Director Hardisty presented background information. Hearing opened. Steve Hartsell, Schools Legal Service, spoke in support of staff recommendation. Hearing closed. Motion by Smith to adopt Resolution to uphold the decision of the Planning Commission and First Reading of Ordinance. RES 144-93 FR APPROVED AB MCDERMOTT Bakersfield, California, September 8, 1993 - Page 7 9. HEARINGS continued ACTION TAKEN Appeal by Curtis G. Sparks to Planning Commission decision of the conditions of approval on Parcel Map No. 9548. (Ward 3) Planning Director Hardisty presented background information. Hearing opened. Curtis Sparks spoke in opposition of staff recommendation and requested to delay this item until the next Council meeting. Hearing closed. Motion by Smith to delay action for two weeks. APPROVED AB MCDERMO~.U 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Section 14.04.030 of the Bakersfield Municipal Code relating to water service to County residents. (wards i - 7) (First Reading August 25, 1993) Motion by Salvaggio to adopt Ordinance. ORD 3560 APPROVED AB MCDERMOTT 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) (First Reading August 25, 1993) Correspondence has been received from David L. Sorenson and Frank T. Gandola, Charles Tingey Associates, dated Septem- ber 8, 1993, requesting this item be deleted from tonight's agenda. Bakersfield, California, September 8, 1993 - Page 8 PUBUC STATEMENTS continued David Sorenson, Charles Tingey Associates, requested to delay Deferred Business Item b. regarding Calloway No. 6 Annexation. ACTION TAKEN 11. DEFERRED BUSINESS continued b. Motion by Brunni to defer Deferred Business Item b. for 30 days. APPROVED ABMCDERMOTT 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 and August 25, 1993} Petitions have been submitted containing 67 signatures in opposition to the proposed amendment. City Manager Tandy presented background information. Brunni requested staff continue to meet with neighbors and the property owner to see if a resolution is possible. Motion by Brunni to terminate proposed amendment. APPROVED AB MCDERMOTT do Certificate of Sufficiency of Petition. (Assessment District No. 93-2, Stine/ Harris) (Wards 5 & 6) (deferred from August 11, 1993} Resolution determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Act for the construction and acquisition of improvements without procee4ings. (Assessment District No. 93-2, Stine/ Harris) (Wards 5 & 6) (deferred from August 11, 1993) RES 145-93 Bakersfield, California, September 8, 1993 - Page 9 11. DEFERRED BUSINESS continued ACTION TAKEN Resolution appointing Engineer of Work and authorizing Agreement for Assessment Engineering Services for Assessment District No. 93-2. (Stine/Harris) (Wards 5 & 6) Agreement with Boyle Engineering Corporation for consultant services for Assessment District No. 93-2. (Stine/Harris) (Wards Resolution appointing Attorney and authorizing Agreement for legal services for City of Bakersfield Assessment District No. 93-2 (Stine/Harris). (Wards 5 & 6) Agreement with Burke, Williams & Sorensen for legal services for Assessment District No. 93-2. (stine/Harris) (Wards 5 & 6) Resolution authorizing entry into an Acquisition Agreement for certain improvements to Assessment District No. 93-2. (Stine/Harris) (Ward 6) Acquisition Agreement with St. Clair Development for certain improvements to Assessment District No. 93-2. (Stine/Harris) (Ward 6) Rowles absent for Deferred Business Items d., e., f., g. and h. due to conflict of interest. Assistant Public Works Director Kloepper presented background information. Richard Hargrove, Bond Council, spoke regarding this Assessment District No. 93-2 and explained the incompatibility. Salvaggio requested staff provide a brief memo to Council outlining the incompatibility of California/Oak to this Assessment District and why it was removed so late. RES 146-93 AGR 93-184 RES 147-93 AGR 93-185 RES 148-93 AGR 93-186 Bakersfield, California, September 8, 1993 - Page 10 11. DEFERRED BUSINESS continued ACTION TAKEN Motion by Salvaggio to adopt Deferred Business Items: d. Certificate of Sufficiency e. Resolution f. Resolution authorizing approval of Agreement Resolution authorizing approval of Agreement Resolution authorizing approval of Acquisition Agreement APPROVED AB ROWLES MCDERMO~5~? Letter to the Planning Commission. Motion by Rowles to defer Item 11. i. to the Council meeting of September 22, 1993. FAILED NS EDWARDS DEMOND SMITH SALVAGGIO AB MCDERMOTT Motion by Salvaggio to not send the letter to the Planning Commission. APPROVED NS BRUNNI ROWLES AB MCDERMOTT Motion by Edwards to schedule a Council/ Planning Commission Workshop for October 6, 1993. APPROVED NS SALVAGGIO AB MCDERMOTT 12. NEW BUSINESS Ordinance amending Section 16.40.010 of the Bakersfield Municipal Code relating to removal of groundwater upon sub- division. (Wards i - 7) Do Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-34 by changing the zoning of 16.25 acres located southwest of the intersection of Johnson Road and Renfro Road from an R-2 to an R-1 Zone. (Ward 4) FR FR Bakersfield, California, September 8, 1993 - Page 11 12. NEW BUSINESS continued ACTION TAKEN Resolution ordering judicial foreclosure of the delinquent assessments pursuant to the Improvement Bond Act of 1915, and ordering that the tax collector be credite4 with those assessments. (Jewetta Trunk Sewer Assessment District No. 90-1) (Ward 4) Motion by Brunni to adopt Resolution. RES 149-93 APPROVED AB MCDERMO~ SMITH Resolution opposing the proposed form- ation of County Service Area No. 82, located south of Stockdale Highway, west of Ashe Road. Motion by Brunni to adopt Resolution and direct staff to work with residents to pursue options for the provision of services by the City. RES 150-93 APPROVED AB MCDERMOtt Amendment NO. 2 to Fiscal Year 1992-93 Agreement No. 92-113 and Amendment No. i to Fiscal Year 1993-94 Agreement No. 93-100, CDBG applications and authori- zation for submission to the U.S. Department of Housing and Urban Development (HUD). Edwards absent due to Conflict of Interest. Motion by DeMond to approve Amendments to Agreements. AGR 93-187 AGR 93-188 APPROVED AB EDWARDS MCDERMOtt? Section 108 Loan Guarantee Application and authorization for submission to the U.S. Department of Housing and Urban Development (HUD). Economic Development Director Wager presented background information. Motion by Edwards to recognize Ralph Anthony to speak. Ralph Anthony requested Council delay this item. AGR 93-189 APPROVED AB MCDERMOTT Bakersfield, California, September 8, 1993 - Page 12 12. NEWBUSINESS continued ACTION TAKEN Motion by Salvaggio to approve and authorize execution of necessary documents, subject to City Attorney review and approval. APPROVED AB MCDERMO~5? 13 . COUNCIL STATEMENTS Salvaggio requested Public Works to expedite placing a traffic signal at the intersection of Panama Lane and South H Street and to inform him of when the pre-construction meeting is. Salvaggio referred to staff correspondence from H & S Body Works and from Jim's Garage and Towing to review their concerns and report back at the next Council meeting how their concerns interfaced with the adopted Ordinance on commercial vehicles in residen- tial area with recommendation to committee for possible revision of Ordinance. Salvaggio referred to Assistant Public Works Director Kloepper the memo to Public Works Director Schulz from Traffic Engineer Walker, dated September 2, 1993, regarding vehicle turning movements complaint at State Route 99 and In 'n Out Burger, to review and report back with updates. Salvaggio thanked Mayor Price for sending the letter to Governor Wilson regarding his concerns regarding the possibility of Frey- miller Trucking relocating to another city. DeMond referred to staff the cost and feasibility of using new signal technology for high-resolution photographs for traffic control (Photo Cop). DeMond mentioned signage for the Homeless Shelter and a grant has been received for extending the women's and children's portion of the shelter. Bakersfield, California, September 8, 1993 - Page 13 13. COUNCIL STATEMENTS continued ACTION TAKEN DeMond referred to Assistant Public Works Director follow up and report back the need to pave the lane on V Street, south of Truxtun. Police Chief Brummer responded to a question by Smith regarding increasing patrols in school areas. Police Chief Brummer responded to a question by Smith on the feasibility of police cars, when not in use, being placed in strategic locations. Brunni requested Salvaggio include in his referral, regarding the commercial vehicle Ordinance, emergency response vehicles. Salvaggio agreed to include this. Police Chief Brummer responded to a question by Brunni about the DoA.R.E. store in the Valley Plaza. Edwards referred to Public Works acceleration of the installation of a boulevard stop at 4th & T Streets (near McKinley School). DeMond commended the Economic Development Education Program. Rowles thanked Chief Brummer and his staff for the ride-along Friday night. Rowles referred to staff the issue of fire works at the Bakersfield High School foot- ball games requesting City provide a maximum permit inspection fee of not more than $200 per year, Budget & Finance Committee to review with a document prepared for the meeting of September 22, 1993. Brunni requested staff, if and when an application for a zone change occurs for the southwest corner of Old River and White Lane or if the neighbors apply for a GPA, staff will notify all of the people who signed the petition. Bakersfield, California, September 8, 1993 - Page 14 14. ADJOURNMENT ACTION TAKEN Motion by Brunni at 9:15 p.m. APPROVED AB MCDERMO~5? MA~OR of t~e' City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA nss SEPT8.MIN 9/23/93 10:33am