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