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HomeMy WebLinkAbout09/22/1993 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 22, 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, Salvaggio (seated at 5:20) Councilmembers McDermott, Rowles 2. CITY COUNCIL GOAL SETTING. NAT Motion by Brunni to add a Closed Session item that arose after the agenda was prepared and requires action tonight. APPROVED AB MCDERMOTT ROWLES Motion by Brunni to recess for Closed Session and Goal Setting at 5:25 p.m. APPROVED AB MCDERMOTT ROWLES CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigation. SINCE NEGOTIATIONS HAVE BEEN CONTINUING FOR FOURMDNT~ CITY MANAGER IS DIRECTED ~ ADVISE COUN~F THE FIREFUND ISSUE SHOULD BE BROUGHT ~ CONCLUSION WIl~IN30DAYSi STAFF IS DIRECTED ~9 SPEND ASMUCH TIMEAS NECESSARY TO, BRING TO A POSITIVECON- CLUSION THE NEGOTIATIONS,: Bakersfield, California, September 22, 1993 - Page 2 CLOSED SESSION continued ACTION TAKEN CITY ATTORNEY IS INSTRUCTED TO PREPARE A LAWSUIT FOR CONSIDERATION IN THE EVENT NEGOTIATIONS~ FAIL. Motion by Brunni to adjourn Closed Session at 6:25 p.m. APPROVED AB MCDERMOTT ROWLES REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Councilmember Salvaggio 2. PLEDGE OF A' ~ r:GIANCE 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott (seated at 8:05), Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio None CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected, beginning on Page 1. PRESENTATIONS Brunni introduced Thomas Cisneros, volunteer-intern, working 6-9 hours per week with her through the Bakersfield College Work Experience Program to earn college credit. PUBUC STATEMENTS a. Harold Wurtz spoke regarding commercial vehicles in residential areas (10. a.) Bakersfield, California, September 22, 1993 - Page 3 7, APPOINTMENTS ACTION TAKEN CONSENTCALENDAR Voucher Nos. 1067 to 1540 inclusive, in the amount of $1,835,421.73. Minutes of Workshop, Closed Session and Regular Meeting of September 8, 1993. c. Communication has been received from: David Price III, Resource Manage- ment Agency, dated September 1, 1993, regarding Recycling Market Development Zone (RMDZ) application designation. (Receive and refer to Economic Development and Water & Sanitation Departments) James A. Rhodes, Kern County Auditor-Controller, dated September 8, 1993, regarding Alternative Property Tax Distribution Plan. ("Teeter Plan"). (Receive and refer to Budget & Finance Committee) Notices of Completion and acceptance of work for: Contract No. 93-47 with John Black Electric for installation of traffic signal and lighting system at White Lane and Monitor Street, completed September 7, 1993. Contract No. 93-96 with Griffith Company for cold surface recycling and resurfacing various streets in Southwest Bakersfield, completed September 4, 1993. Contract No. 93-90 with Castle & Cooke Development Corporation for Tract 5544, located on the south- west corner of Brimhall Road and Verdugo Lane, completed September 7, 1993. Bakersfield, California, September 22, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN do 4. Contract No. 93-66 with Castle & Cooke Silver Creek, Inc., for Tract 5756, Unit A, located on the northwest corner of Harris Road and Spring Creek Loop, completed September 9, 1993. Resolution approving the application for grant funds for the Earthquake Safety and Public Building Rehabilita- tion Bond Act of 1990 for the seismic retrofitting of Fire Station No. 2. (Ward 2) Resolution amending Resolution No. 57-92 setting salaries and related benefits for employees of the Blue and White Collar Units. (deletion of Buyer-Trainee position) Revised job specifications for Box office Supervisor. Tract Maps and Improvement Agreements with: Kaufman and Broad of Southern California, Inc., for Tract 5566, Phase II; and Tract 5566, Phase III, located approximately 650 feet west of Jewetta Avenue and 900 feet north of Hageman Road. (Ward 4) Tract 5445 Partners for Tract 5445, Phase III, located approximately 150 feet south of Meacham Road, on the east side of Calloway Drive. (Ward 4) Curt Carter and Arleta Carter, 1991 Revocable Living Trust, for Tract 5505, located on the south- east corner of Jewetta Avenue and Reina Road. (Ward 4) Amendment No. 4 to Grant Agreement No. 89-214, Project No. 3-06-0323-06; and Amendment No. 2 to Grant Agreement No. 90-105, Project No. 3-06-0323-07, with the Federal Aviation Administration (FAA) for construction at the Bakers- field Municipal Airport. (Ward 1) RES 151-93 REMOVED FOR SEPARATE CONSIDERATION AGR 93-190 AGR 93-191 AGR 93-192 AGR 93-193 AGR 93-194 AGR 93-195 AGR 93-196 AGR 93-197 Bakersfield, california, September 22, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN Accept bid to award Contract to Starling's Construction Company ($22,500) for reroofing the Bakersfield Convention Center Upper Stage House and appropriate $22,500 Capital Outlay Fund balance to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund. (Ward 2) Accept bid to award Contract to R.L. Morton, Inc. ($98,338.10) for retain- ing wall and guardrail construction at Manor Drive. (Ward 2) Reject bid for resurfacing various streets in the City of Bakersfield. (Wards 1, 3, 5 & 6) Reject bids for replacement aerator motors for Wastewater Treatment Plant No. 2. Sale of drug-seized property to Salvador and Concepcion Chipres for $69,510.50, located at 1004 Clybourn Drive. (Ward 7) Appropriate $50,000 seized asset proceeds to the Public Works Operating Budget in the Equipment Management Fund for the purchase of four (4) replacement vehicles. Appropriate $55,000 seized asset proceeds to the Public Works Operating Budget in the Equipment Management Fund for the acquisition of radios and pagers. City Clerk Williams announced amendments: Item c.1. also includes referral to Water & Sanitation Departments; Item k. awards the contract to R.L. Morton. REMOVED FOR SEPARATE CONSIDERATIO~ CON 93-198 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATI~¥ Motion by DeMond to adopt Items (a) through (p) of the Consent Calendar, including the amendments announced by City Clerk Williams, with the exception of Items f., j., n. and p. APPROVED AB MCDERMOTT' Bakersfield, California, September 22, 1993 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Resolution amending Resolution No. 57-92 setting salaries and related benefits for employees of the Blue and White Collar Units. (deletion of Buyer-Trainee position) Motion by Salvaggio to adopt Item f. of the Consent Calendar. RES 152-93 APPROVED AB MCDERMOtt' j o Accept bid to award Contract to Starling's Construction Company ($22,500) for reroofing the Bakersfield Convention Center Upper Stage House and appropriate $22,500 Capital Outlay Fund balance to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund. (Ward 2) Brunni requested Council be consis- tently advised through memo of bid disparities. CON 93-199 Motion by DeMond to adopt Item j. the Consent Calendar. of APPROVED NS BRUNNI AB MCDERMOTT Sale of drug-seized property to Salvador and Concepcion Chipres for $69,510.50, located at 1004 Clybourn Drive. (Ward 7) Salvaggio requested staff review the process used for appraising value of homes for bid and whether it is decided locally if drug-seized property is to be auctioned/sold. DEED 3780 DeMond stated that a fair market value should be determined prior to any property being sold. Motion by Salvaggio to adopt Item n. APPROVED of the Consent Calendar. AB MCDERMOTT 79 Bakersfield, California, September 22, 1993 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN Appropriate $55,000 seized asset proceeds to the Public Works Operating Budget in the Equipment Management Fund for the acquisition of radios and pagers. Motion by Brunni to adopt Item p. of the Consent Calendar. APPROVED AB MCDERMOTT HEARINGS Appeal by Curtis G. Sparks to Planning commission decision of the conditions of approval on Parcel Map No. 9548. (Ward 3) (Deferred from September 8, 1993} Motion by Smith to reopen the hearing. APPROVED AB MCDERMOI~? Planning Director Hardisty provided background information. Hearing opened. John P. Doering III, attorney, representing landowners Curtis and Judy Sparks, spoke in opposition to staff recommendation. Hearing closed. Motion by Smith to delay action for two weeks. APPROVED ABMCDERMOTT Hearing (TEFRA) to consider the execution and delivery of refunding Certificates of Participation, not to exceed $7,500,000, refund certificates issued to finance the development of a licensed 51-unit residential care facility for the elderly, known as The Hallmarko AGR 93-200 AGR 93-201 AGR 93-202 AGR 93-203 AGR 93-204 AGR 93-205 Bakersfield, California, September 22, 1993 - Page 8 9. HEARINGS continued ACTION TAKEN Resolution regarding the holding of a public hearing in connection with the sale and delivery of, not to exceed $7,500,000, refunding Certificates of Participation, Series 1993. (Bakersfield Assisted Living Center) Resolution approving the sale and delivery of, not to exceed $7,500,000, refunding Certificates of Participation, Series 1993, (Bakersfield Assisted Living Center) on behalf of United Community and Housing Development Corporation approving the form of legal documents related thereto and authorizing and directing preparation, execution and delivery of the final forms thereof. No one spoke at hearing. Hearing closed. Motion by Brunni to adopt Resolutions authorizing approval of Agreements. RES 153-93 RES 154-93 APPROVED AB MCDERMOTT 10. REPORTS City Manager Oral Report No. 5-93 regarding Commercial Vehicles in Residential Areas. Police Chief Brummer reported on the impact of Ordinance No. 3559 on local towing companies and their vehicles that operate in the City and the effect on other commercial vehicles including public utility and general equipment vehicles. Salvaggio requested City Manager Tandy's input and recommendations. Motion by Brunni to refer the issue, pictures and Chief Brummer's memo, dated September 15, 1993, to Urban Development Committee, invite affected businesses to attend, and return to Council within 60 days. APPROVED ABMCDERMOTT Bakersfield, California, September 22, 1993 - Page 9 8~ 10. REPORTS continued ACTION TAKEN Rowles encouraged staff to contact the affected parties immediately; schedule an Urban Development Committee meeting right away; and come back with a report in 30 days and something concrete in 60 days. Budget and Finance Report No. 4-93 regarding Fireworks Permit Inspection Fees. Motion by DeMond to accept Report and implement recommendations. APPROVED AB MCDERMO~U EDWARDS 11. DEFERRED BUSINESS 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. (Zone Change No. 5415) (Ward 3) (First Reading September 8, 1993) Motion by Salvaggio to adopt Ordinance. ORD 3561 APPROVED AB MCDERMOI~? Ordinance amending Section 16.40.010 of the Bakersfield Municipal Code relating to removal of groundwater upon subdivi- sion. (Wards i 7) (First Reading September 8, 1993) Motion by Salvaggio to adopt Ordinance. ORD 3562 APPROVED AB MCDERMOTT Brunni directed staff to encourage other cities and counties to consider taking similar action. Bakersfield, California, September 22, 1993 - Page 10 11. DEFERRED BUSINESS continued ACTION TAKEN Co 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) (First Reading September 8, 1993) Motion by Brunni to adopt Ordinance. ORD 3563 APPROVED ABS MCDERMOTT Agreement with the Bakersfield Society for the Prevention of Cruelty to Animals (S.P.C.A.) for animal facillty/replace- ment plans. (Referred August ZS, 1993) Motion by McDermott to approve Agreement. AGR 93-206 APPROVED NS EDWARDS 12. NEWBUSINESS Ordinance amending Sections 17.19.010 and 17.19.030, repealing Subsection E of Section 17.19.020, adding Subsections E and F to Seotion 17.19.020 and adding Section 17.19.040 to the Bakersfield Municipal Code relating to the RH (Residential Holding) Zone District. Ordinance adding Renfro No. 3 Annexa- tion to Ward 4, located south of Stock- dale Highway, east of Renfro Road. (Ward 4) Ordinance amending Sections 15.68.020 and 15.68.150 of the Bakersfield Municipal Code relating to Mobile Home Parks. Planning Director Hardisty provided background information. Edwards encouraged staff to communi- cate with mobile home park homeowner's associations. FR FR FR Bakersfield, California, September 22, 1993 - Page 11 12. NE~/BUSINESS continued ACTION TAKEN Resolution regarding a request by Local Agency Formation Commission (LAFCO) to take legislative action on proposed Annexation No. 7 to County Service Area NO. 27 and formation of Zone of Benefit No. Z, located south of Taft Highway, east of Wible Road, Pumpkin Center area. Motion by McDermott to amend Resolution opposing formation of County Service Area No. 27; send a letter to LAFCO informing them of that opposition and City's intention to provide service when it is to be developed to urban standards; and staff to review CEQA laws and report back to Council as appropriate. RES 155-93 APPROVED ABS EDWARDS Resolutlon regarding a request by Local Agency Formation commission (LAFCO) to take legislative action on proposed formation of County Service Area No. 81, located north of Olive Drive to Norris Road, between Mohawk and Freeway 99. Motion by Brunni to amend Resolution opposing formation of County Service Area No. 81 and send a letter to LAFCO informing them of that opposition and City's intention to provide service when it is to be developed to urban standards. RES 156-93 APPROVED ABS EDWARDS Agreement with Donald and Alice Brindle to purchase real property located on White Lane between Union and Madison Avenues for $145,000 for Clear Zone Protection at the Bakersfield Municipal Airport. (Ward 1) Motion by Edwards to approve Agreement. AGR 93-207 DEED 3781 APPROVED 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 appoint Rowles APPROVED as the voting delegate. Bakersfield, California, September 22, 1993 - Page 12 13. COUNCIL STATEMENTS ACTION TAKEN Brunni requested staff to schedule an Economic Development Committee meeting. Brunni requested City Manager provide a a memo updating Council on the City-Wide Park Maintenance District. Brunni requested staff investigate filing a complaint with the P.U.C., State Legisla- ture and the Governor regarding railroad crossings conditions. Brunni requested Finance to provide to Council an after-the-fact accounting of the April 1993 bonds that were refinanced. Rowles directed Urban Development Committee, during the next meeting, to develop a brief policy statement regarding annexing and bring back to Council. McDermott referred to Budget & Finance Committee the memo from Chief Brummer regarding the Federal Police Hiring Supplement Program. McDermott commented on the 1992-93 Annual Report for the City of Bakersfield and his disappointment in the exclusion of any Circulation Plan for future freeways. DeMond requested unrepaired fences and property maintenance be included in Brunni's referral addressing railroad crossing conditions. Smith requested weeds and brush under utility lines be included in Brunni,s referral addressing railroad crossing conditions. Bakersfield, California, September 22, 1993 - Page 13 14. ADJOURNMENT ACTION TAKEN Motion by McDermott at 8:35 p.m. APPROVED MAY~R of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield, CA SEPT22.MZN 10/12/93 4:03pm