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HomeMy WebLinkAbout10/27/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 27, 1993 CLOSED SESSION - 5: 4 o P.M. 1. ROLL CALL - Council Chambers, city Hall 1501Truxtun Avenue Present: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio Absent: None Motion by McDermott to recess to Closed Session at 5:40 p.m. ACTION TAKEN APPROVED 2 o Closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigations. CITYMANAGER DIRECTED TO CONTINUE NEGOTIATIONS 3 o Closed Session pursuant to Government Code Section 54957 regarding a personnel matter. (Requested by Councilmember Edwards) THIRTY-DAY ADMINIb'I~ATI~ LEAVE AUTHORIZED FOR CITY ATTORN~ LUNARDINI Motion by Rowles to adjourn Closed Session at 6:55 p.m. APPROVED REGULAR MEETING- 7:00 P.M. INVOCATION by Ken Keith, PLEDGE OF A' ' FGIANCE ROLL CALL - Council Chambers, City Hall 1501Truxtun Avenue, Bakersfield First Assembly of God Church. Present: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio Absent: None ACTION TAKEN Bakersfield, California, October 27, 1993 - Page 2 4. CLOSED SESSION ACTION ACTION TAKEN Mayor Price announced Closed Session action as reflected on Page 1. 5. PRESENTATIONS Edwards invited Mayor, Council and the public to attend the Good Neighbor Festival at Martin Luther King Park, Saturday, October 30, 1993 and presented Mayor and Council with T-shirts. Do City Manager Tandy congratulated City Clerk Williams' appointment as 2nd Vice-President, Clerk's Division, League of California Cities. Mayor Price presented a retirement plaque to Roy H. Floyd, Police Depart- ment Detective, for 28.5 years of service to the City of Bakersfield. Mayor Price presented a retirement plaque to E. D. Sublett, Light Equip- ment Operator, Streets Division, for 27.5 years of service to the City of Bakersfield. so Nancy Maddox, Streets Division, who retires October 29, 1993 with 37 years of service to the City of Bakersfield, passed the "Grand Patriarch of Miscell- aneous Employees" Perpetual Plaque to Felix Montanio, Streets Division, who replaces Nancy as the current Miscell- aneous Employee with the longest service to the City of Bakersfield -- over 36 years. PUBUC STATEMENTS Jim Laison and Terry Scott, P.G.& E., presented a Natural Gas Vehicle Incentive check for $27,500 to City of Bakersfield accepted by Public Works Director Schulz. Bakersfield, California, October 27, 1993 - Page 3 6. PUBUC STATEMENTS continued ACTION TAKE]~ James Nodine, representing Gus Enter- prises, Bakersfield Sheraton Hotel owners/operators, spoke regarding the Bakersfield Convention Center Hotel Project and urged Council to request a current Feasibility Study separate from the Hammons' Group before pro- ceeding further on the project. Joe Avila, spoke regarding money due to him from the Senior Center. Mayor advised him that his request was inappropriate before the Council. (Public Statements continued on Page 14) APPOINTMENTS Three (3) appointments to the Board of Zoning Adjustment due to the expiration of terms of Dennis Fidler and Jack Leonard (Alternate) and the retirement of Louise Closs (Alternate), terms expiring December 1, 1993. Motion by Salvaggio to appoint Dennis Fidler, Jack Leonard (Alternate) and Judy Skousen (Alternate). APPROVED CONSENTCALENDAR Voucher Nos. 2142 to 2773 inclusive, in the amount of $2,642,795.76; and Self Insurance Voucher Nos. 467 to 703 inclusive, in the amount of $129,447.79. Minutes of the Special Meeting Workshop, Closed Session and Regular Meeting of October 6, 1993. c. Communication has been received from: Michael J. Callagy, Cornerstone Engineering, Inc. President, dated October 11, 1993, requesting Council continue the November 10, 1993 hearing on GPA 3-93, Segment VI, Zone Change 5494, to December 1, 1993. REMOVED FOR SEPARATE CONSIDERATI01V (Receive and place on file) Bakersfield, California, October 27, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Co 2, Stephan J. DeBranch, DeWalt Corp- oration Vice President, dated October 15, 1993, notifying City Clerk they will be appealing Planning Commission decision in the event tentative parcel map regarding GPA 3-93, Segment I, is denied; and requesting the appeal to be heard at the Council meeting of November 10, 1993. (Receive and place on file) REMOVED FOR SEPARATE CONSIDERATION Deed of Reconveyance for Home Improve- ment Loan for Mildred Aubrey, property located at 1100 Virginia Street. (Deed of Trust No. 2114) (Ward 1) Notices of Completion and acceptance of work: Contract No. 93-28 with Kaufman and Broad of Southern California, Inc., for Tract No. 5729, located on the northwest corner of Hageman Road and Jewetta Avenue, completed October 1, 1993. Contract No. 93-123 with S.A. Camp Pump Company for installation of deepwell turbine pump and motor for Ashe Water Well No. 31, located on Rosedale Highway near Patton Way, completed October 15, 1993. Plans and Specifications for Ashe Road Bridge at the Arvin-Edison Canal. (Wards 4 & 6) Request for Extension of Time from Castle & Cooke Homes, Inc. to extend the completion date for Improvement Agreement No. 90-182 for the construc- tion of Stockdale Highway from Old River Road east approximately 1430 linear feet. (Ward 4) DEED 3796 Bakersfield, California, October 27, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKEN no mo Resolution agreeing to accept title from State of California of parcel of highway right-of-way on Pierce Road south of State Highway 204 and agreeing to assume maintenance and control upon State relinquishment and waiving further notice. Resolution establishing the required insurance limits for persons doing business or otherwise engaged in commercial activity at the Bakersfield Municipal Airport. Resolution approving submittal of application for the Kern County Recycling Market Development Zone, designating County as lead agency in submittal and CEQA compliance. (Wards 1 - 7) 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 $50,000. (Four replacement sedans for Police Department) Resolution determining that certain communication equipment can be reason- ably obtained from only one vendor, Motorola C & E, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $27,000. (Police Department) Resolution determining that defibrilla- tors can be reasonably obtained from only one vendor, Laerdal Medical Group, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $46,300, and appropriating $46,300 contributions to the Fire Department Operating Budget within the General Fund. RES 163-93 DELETED REMOVED FOR SEPARATE CONSIDERATION RES 164-93 RES 165-93 RES 166-93 Bakersfield, California, October 27, 1993 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN So Resolution rescinding Resolution No. 73-93 and describing proposed boundaries of assessment district, approving map and designating name of assessment dis- trict. (Assessment District 93-1, Northeast Sewer, Olcese Water District) (Ward 3) Tract Maps and Improvement Agreements: St. Clair Development Company for Parcel Map 9939, located north of Panama Lane, west of Stine Road, south of Harris Road. (Ward 6) 2 o St. Clair Development Company for Parcel Map 9918, located along the west side of Stine Road, between Panama Lane and Harris Road. (Ward 6) Agreement with Bakersfield Society for the Prevention of Cruelty to Animals (S.P.C.A.) for animal control services and facility replacement. Agreement with Dr. Ernest Solano, MSW, PhD, to provide psychological services for the Bakersfield Police Department. Consultant's Agreement with Ronald F. Ruettgers, Civil Engineer, for right- of-way engineering services related to the widening of California Avenue/New Stine Road at Stockdale Highway inter- section. (Ward 5) Rescind Contract No. 93-199 with Starling's Construction Company for reroofing upper stage house at the Bakersfield Convention Center. (Ward 2) Agreement with San Joaquin Valley Unified Air Pollution Control District for the retrofit of eleven (11) vehicles from fuel to bi-fuel compressed natural gas (CNG) . Amendment No. 2 to Agreement No. 91-254 (Memorandum of Understanding) with County of Kern to implement the Fair Housing Program. REMOVED FOR SEPARATE OONSIDERATION AGR 93-217 AGR 93-218 AGR 93-219 REMOVED FOR SEPARATE CONSIDERATION AGR 93-220 AGR 93-221 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, October 27, 1993 - Page 7 8. CONSENTCALENDAR continued ~CTION TAKEN Accept bid to award Annual Contract to Eastman Inc. ($69,227.88) for office supplies. Accept bid to award Annual Contract to Battery Center ($24,564.92) for automo- tive batteries. Accept bid to award Contract to HPS Plumbing Services, Inc. ($73,420) for construction of storm drain on Stock- dale Highway from Montclair Street to 300 feet east; and Kroll Way from Montalvo Drive to Jamaica Way. (Ward 4) Accept bid to award Contract to TDS Engineering ($75,103) for traffic signal modification on Columbus and Haley Streets. (Ward 3) Accept low bid from Bridge Radio Communications ($72,273.09) for Police Department radio communication equipment and appropriate $6,300 fund balance to Public Works Operating Budget within the Equipment Management Fund. aa. Appropriate $1,000 Transportation Development Act (TDA), Article 3 Funding to Police Department Operating Budget in the Transportation Development Act (Bicycle Safety Program) Fund. bb. Transfer $126,000 from Council Contin- gency to the Police Department Operating Budget in the General Fund for the cost of temporary transportation officers. cc. Appropriate $97,500 fund balance to the Water Department Operating Budget within the Agriculture Water Fund to prepay outstanding debt. dd. Section 125 Plan Document. Motion by DeMond to adopt Items (a) through (dd) of the Consent Calendar, with the exception of Items c.l., c.2., j., n., q. and u., and the deletion of Items i. and dd. CON 93-222 CON 93-223 CON 93-224 CON 93-225 DELETED APPROVED Bakersfield, California, October 27, 1993 - Page 8 8. CONSENTCALENDAR continued ACTION TAKEN Communication has been received from: Michael J. Callagy, Cornerstone Engineering, Inc. President, dated October 11, 1993, requesting Council continue the November 10, 1993 hearing on GPA 3-93, Segment VI, Zone Change 5494, to December 1, 1993. Correspondence was also received from Michael J. Callagy, dated October 25, 1993, requesting Segment VI and Zone Change 5494 be carried over to the next GPA Cycle in December 1993. Planning Director Hardisty provided background information. Motion by Salvaggio to remove Segment VI and Zone Change No. 5494 from the November i0, 1993 GPA hearings and include it with the next cycle. APPROVED Stephan J. DeBranch, DeWalt Corp- oration Vice President, dated October 15, 1993, notifying City Clerk they will be appealing Planning Commission decision in the event tentative parcel map regarding GPA 3-93, Segment I, is denied; and requesting the appeal to be heard at the Council meeting of November 10, 1993. Motion by Brunni to receive and place on file. APPROVED Resolution approving submittal of application for the Kern County Recycling Market Development Zone, designating County as lead agency in submittal and CEQA compliance. (Wards 1 - 7) RES 167-93 Motion by Brunni to adept Item j. of APPROVED the Consent Calendar. Bakersfield, California, October 27, 1993 - Page 9 8. CONSENTCALENDAR continued ACTION TAKEN Resolution rescinding Resolution No. 73-93 and describing proposed boundaries of assessment district, approving map and designating name of assessment dis- trict. (Assessment District 93-1, Northeast Sewer, Olcese Water District) (Ward 3) Smith absent due to conflict of interest. Motion by McDermott to adopt Item n. of the Consent Calendar. RES 168-93 APPROVED AB SMITH Agreement with Dr. Ernest Solano, MSW, PhD, to provide psychological services for the Bakersfield Police Department. Motion by Brunni to adopt Item q. of the Consent Calendar, with an addi- tional proviso that an open RFP be done when this Agreement expires. AGR 93-226 APPROVED Amendment No. 2 to Agreement No. 91-254 (Memorandum of Understanding) with County of Kern to implement the Fair Housing Program. Motion by Brunni to adopt Item u. of the Consent Calendar with added language on Page 2, Section 3.c. after the conclusion of the paragraph entitled "Activities": "Such methods shall be reviewed and approved by the Economic Development Director of the City of Bakersfield, the Community Development Director for the County of Kern and the Director of Weights and Measures for the County of Kern prior to implementation." AGR 93-227 APPROVED NS EDWARDS Bakersfield, California, October 27, 1993 - Page 10 9. HEARINGS ACTION TAKEN Casa Loma Specific Plan Amendment from 6.2 (General Commercial) to 7.2 (Service Industrial) on a 4.19 acre site between Terrace Way and Daniels Lane, west of Union Avenue, in the unincorporated County. Planning Director Hardisty provided background information. No one spoke at hearing. Hearing closed. Motion by Edwards to direct the Mayor to execute a letter to Kern County Board of Supervisors recommending they not approve the requested amendment to Casa I~ma Specific Plan and to do everything possible to discourage a salvage opera- tion at 'that location. APPROVED Camelot Park Family Entertainment Center of Bakersfield requests a Conditional Use Permit to allow a family entertain- ment center in an M-1-D Zone at 1251 Oak Street. (California/Oak) (Ward 5) Planning Director Hardisty provided background information. Hearing opened. The following individuals spoke in opposition of staff recommendation: Stacey Bowlnan, Oleander Sunset Park Association; Judy Worley; Lori Hettinger; Bob Taggart; Tom Downs; Curt Hettinger; John Burns; Lisa Bonin. The following individuals spoke in support of staff recommendation: Bill Ramson, park developer and operator, also distributed a handout to Council; Craig Carver, Carver Property Management Corp. The following individuals spoke in rebuttal: Julie Worley; Stacey Bowman; Lori Hettinger; Lisa Bonin; Bob Taggart; Roger Mcintosh, Martin- Mcintosh; Craig Carver; Bill Ramson. Bakersfield, California, October 27, 1993 - Page 11 9. HIE~BLI:IING$ continued ACTION TAKEN Hearing closed. Motion by DeMond to defer action for two weeks to the Council Meeting of November 10, 1993. APPROVED Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the property llsted below constitutes a public nuisance and direct- ing the Chief of the Fire Department to abate such nuisance. No one spoke at hearing. Hearing closed. Ward 4: 295.71 acres north of Panama Lane, west of Gosford Road, east of Progress Road. Fire Chief Johnson advised Council of Castle & Cooke's intention of resolving the matter by the end of the week. Motion by Brunni to adopt Resolution confirming the Report of the Fire Chief. RES 169-93 APPROVED ABMCDERMOTT ROWLES SALVAGGIO Mayor Price announced a recess at 9:21 p.m. and reconvened at 9:30 p.m. 10. REPORTS ao City Manager Oral Report No. 8-93 regarding Update on Recycling and Materials Recovery Facility (HRF). Sanitation Superintendent Sides provided information on the MRF and distributed a hand-out, cover- ing estimated recycling achievements, a proposed agreement with Granite Construction to implement a pilot program and expanding the existing Green Waste Processing Facility on South Mt. Vernon Avenue. Bakersfield, California, October 27, 1993 - Page 12 10. REPORTS continued ACTION TAKEN DeMond urged staff to gather all the information that have added to the well-being of the 5 to 6 recycling programs we have and keep that in mind when a new area is integrated into the program. Motion by McDermott to accept Report. APPROVED City Manager Oral Report No. 9-93 regarding Metropolitan Park Plan Status. Assistant City Manager Stinson provided an update on the progress of the Metropolitan Park Plan and distributed a hand-out. McDermott encouraged staff to go through all the normal channels, to include discussions with Citizens Parks & Recreation Committee and Community Services. Motion by McDermott to accept Report and City Manager to continue negotiations. APPROVED Co City Manager Oral Report No. 10-93 regarding Bakersfield Convention Center Hotel and Disposition and Development Agreement (DDA) Status. City Manager Tandy provided an update on the hotel project, including public presentations/information/communication, and endorsements; review of the draft DDA; bond issue; prevailing wage issue and bid applications; and Federal Grant application. Brunni requested answers to her speci- fic questions: What recourse do bond holders have against the City; is the City responsible for payments on the bond if Mr. Hammons/hotel revenues are not available? Bakersfield, California, October 27, 1993 - Page 13 10. REPORTS continued ACTION TAKEN Co 2. What is the form of Mr. Hammons' personal guarantee; how will he personally guarantee his perform- ance under this Disposition and Development Agreement; who is responsible to verify the validity of assets and liabilities backing that guarantee? 3. What happens if Mr. Hammons, for any reason, is not available to make the payments that he has guaranteed? 4. Explain in detail how the financing is going to work. Motion by Brunni to accept Report. APPROVED Budget & Finance Committee Report No. 5-93 regarding Energy Savings Program. Motion by McDermott to accept Report and implement the recommendations. APPROVED eo Budget & Finance committee Report No. 6-93 regarding Emergency Call Boxes for the Kern River Parkway. Salvaggio encouraged staff to get back with Council as soon as possible so they can act more specifically to secure funds. Motion by McDermott to accept Report and implement the recommendations. APPROVED NS EDWARDS 11. DEFERRED BUSINESS Ordinance amending Section 10.32.140 of the Bakersfield Municipal Code relat- ing to parking of commercial vehicles in residential districts. b. Federal Police Hiring Supplement Grant. Police Chief Brummer provided back- ground information on the program. Motion by Brunni to send correspondence to Federal Legislators to request removal of, or changes to, restrictions in the Grant Program. FR APPROVED Bakersfield, California, October 27, 1993 - Page 14 12 · NEW BUSINESS ACTION TAKEN Resolution of Intention No. 1110 to order the work and improvements on Assessment District No. 93-1, Northeast Sewer. (Ward 3) Smith absent due to conflict of interest. PUBUCSTATEMENTS continued George Nickel, Jr. spoke proposing an alternate route for alignment of the sewer line for Assessment District No. 93-1, Northeast Sewer and provided a written statement. 12. NEWBUSINESS continued Public Works Director Schulz introduced Bond Counsel Richard Hargrove, who pro- vided the status of this project. Terry Schroepfer, Quad Engineering, Assessment Engineer for this project, provided an outline of the Engineer's Report. Brunni requested staff furnish Council with all feasible alternate routes that were studied, and if a large portion of this area is in the floodplain. Motion by DeMond to adopt Resolution of l~tention. APPROVED AB SMITH Resolution preliminarily approving Engineer's Report and setting December i & 15, 1993 for hearing public testi- mony on Assessment District No. 93-1, Northeast Sewer. (Ward 3) Smith absent due to conflict of interest. RES 170-93 Motion by DeMond to adopt Resolution. APPROVED AB SMITH 11_1 Bakersfield, California, October 27, 1993 - Page 15 12. N~ BUSINESS continued ACTION TAKEN Agreement with County of Kern regarding jail booking fees. Motion by McDermott to approve Agreement. AGR 93-228 APPROVED NS SALVAGGIO do Reports from Health Care Consultants regarding Employee Assistance Program; Mental Health and Chemical Dependency Benefits; Comprehensive Major Medical Plan; and Health, Dental and Vision Plan renewals. Motion by DeMond to refer to Personnel Committee. APPROVED AB ROWLES 13. COUNCIL STATEMENTS Edwards requested a Workshop be sched~zled on Parliamentary Procedure with an instructor who is a qualified parliamentarian and if this would be feasible and when. Brunni referred to the Police Department the enforcement of fines regarding loud music in a residential area. Brunni referred to Public Works a memo, dated July 23, 1993, from Public Works Director Schulz the issue of additional traffic studies in the area of So. Laurel- glen Blvd. and Pin Oak Park Blvd. Brunni thanked City Manager Tandy on the letter to the Public Utilities Commission (P.U.C.) regarding railroad crossings and conveyed that the Coffee Road crossing she has been concerned about was omitted and asked that it be included. Brunni mentioned she had received a copy of the correspondence from Assemblyman Harvey to the P.U.C. Bakersfield, California, October 27, 1993 - Page 16 13. COUNCIL STATEMENTS continued ACTION TAKEN. Brunni requested an audit be done over the life of the Golden Handshake Program to document savings, as suggested by the Governor's Office. Brunni referred to the Water Board for review and determination of impact, a letter from the Kern River Wastemaster to the U.S. Fish and Wildlife Service, regarding the proposed rule designating critical habitat encompassing Lake Isabella, etc. Brunni requested staff consider a drop-off recycling center for the Rosedale area. Brunni requested that Council be provided with copies of any and all vouchers paid to the Century City Medical Group, and/or any of its doctors, for Workers' Compensation claims for the last year. DeMond referred to staff the question of whether we are retrofitting or rebuilding Fire Station No. 2. DeMond referred to staff the cost feasibil- ity and capability of the new computer to handle traffic tickets/citations in Bakersfield. Smith referred to staff correspondence from Frank Collins requesting removal of the "No Parking" signs on Highway 178 at the Mesa Marin Complex, which she objects to and requested she be notified to discuss this. Smith requested a complete and absolute review of Mr. Collins' CUP and what he has not done at Mesa Marin Raceway. McDermott thanked the Police Department for handling a problem in a neighborhood. Bakersfield, California, October 27, 1993 - Page 17 13. COUNCIL STATEMENTS continued ACTION TAKEN McDermott stated that the adjustment of the signal at the intersection of Brimhall/Coffee Roads has helped, but there is still a problem. McDermott mentioned that during the budget negotiations a quarterly report on step increases was requested and he is interested in seeing the report as soon as possible. Rowles referred to staff a letter from Gregory D. Bynum & Associates regarding zone change to City canal property on Truxtun Extension in order to initiate a parking lot. Rowles thanked staff and the Urban Develop- ment Committee efforts on the commercial vehicle ordinance. Salvaggio referred to Acting City Attorney Skousen the letter from the CityAttorney,s Office to the Greenfield CountyWater District and their letter in response to the issue of franchise tax fee; review and determine if there is still a problem and call him. 14. ADJOURNMENT Motion by McDermott at 11:25 p.m. APPROVED "/ / (,/(/J/ MAYOR ~f the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA