HomeMy WebLinkAbout12/01/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 1, 1993
WORKSHOP- 5:30 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLE CALL
i%CTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
None
CITY COUNCIL GOAL SETTING.
Motion by McDermott to add Closed Session 4.
to the Agenda which arose after the Agenda
was prepared and requires action tonight.
NAT
APPROVED
Motion by McDermott to recess to Closed
Session at 5:29 p.m.
APPROVED
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the matter of Linda Duffey
and Linda Brown rs. KFC National Management
Company, Municipal Court Case No. 108267.
3 o
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
ACTING CITY
ATTORNEY
SKOUSEN WAS
INSTRUCTED TO
REJECT THE
OFFER
CAR ALr~WANC~
FOR ACTING
CITY ATTORNEY
SKOUSEN WAS
AUTHORIZED;
STAFF WAS
AUTHORIZED TO
SEND OUT RFP 'S
FOR A STATE-
WIDE SEARCH
FOR A NEW
CITY ATTORNEY
INCLUDING
INTERNAL
CANDIDATES
Bakersfield, California, December 1, 1993 - Page 2
CLOSED SESSION
ACTION TAKEiN
Closed Session pursuant to Government Code
Section 54956.8 regarding instructions to
Alan Tandy, the authorized negotiator,
concerning real property negotiations
respecting the Convention Center Hotel
(property located at the southeast corner of
Truxtun Avenue and Q street, Bakersfield)
with the Hemmons Group.
Motion by Brunni to adjourn Closed Session
at 6:45 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Randy Rankin, Director, First Assembly of God
Church.
2. PLEDGEOF.alIFGIANCEby Aaron Schneider, Boy Scout Troop 55
Mayor Price announced the November 27, 1993
death of City Attorney Larry Lunardini and
asked for a moment of silence.
3. ROll CALL
Present: Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Rowles, Salvaggio
Absent: None
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action on Items 1. and 3. as reflected
on Page 1.
ACTION TAKEN
De
PRESENTATIONS
Mayor Price proclaimed December 3,
1993 as a "Random Act of Senseless
Kindness Day" in the City of Bakers-
field and presented a proclamation to
Jessica Fredrickson and Jose Padilla,
student representatives from Bakers-
field College.
137
Bakersfield, California, December 1, 1993 - Page 3
6. PUBUC STATEMENTS
ACTION TAKEN
Stefan Lambert spoke and distributed
written material regarding Community
involvement with a new coalition,
Our Greatest Peace Coalition.
Craig Carver spoke in support of Items
8. k. and 1. regarding Freeway 99 ramps
at California Avenue.
7. APPOINTMENTS
One (1) appointment to the Kern Mosquito
and Vector Control District due to the
expiration of term of Scott Gerald Ladd,
term expiring December 31, 1993.
Motion by McDermott to reappoint Scott
Gerald Ladd, term to expire December
31, 1995.
APPROVED
One (1) appointment to the Police
Department Civil Service Board due to
the expiration of term of Kenneth E.
Vetter, term expiring December 31, 1993.
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes was Kenneth E. Vetter.
Motion by Salvaggio to reappoint
Kenneth E. Vetter, term to expire
December 31, 1996.
APPROVED
One (1) appointment to the Fire Depart-
ment Civil Service Board due to the
expiration of term of Don G. Simpson,
term expiring December 31, 1993.
Assistant City Clerk McCarthy announced
the individual receiving the highest
number of votes was Max R. Morris.
Motion by McDermott to appoint Max R. APPROVED
Morris, term expiring December 31, 1996.
Bakersfield,
California,
December 1,
1993 - Page 4
7. ~POI~q]~NT$ continued
ACTION TAKEN
Two (2) appointments to the Miscellan-
eous Department Civil Service Board
due to the expiration of terms of
William E. King and Barbara Donnelly,
terms expiring December 31, 1993.
Motion by Salvaggio to appoint Barbara
L. Donnelly and Kirby W. Embrey.
NAT
Amended motion by Salvaggio to reappoint
Barbara L. Donnelly, term to expire
December 31, 1996.
APPROVED
Motion by Salvaggio to appoint Kirby
W. Embrey, term to expire December 31,
1996.
APPROVED
ABS MCDERMO~
DEMOND
ROWLES
CONSEN'I'CAIFNDAR
Voucher Nos. 3258 to 3678 inclusive,
in the amount of $1,610,290.40 and
Self Insurance Voucher Nos. 860 to 1027
inclusive, in the amount of $101,020.49.
Minutes of the Closed Session and
Regular Meeting of November 10, 1993,
and the Special Meeting of November 22,
1993.
Notices of Completion and acceptance of
work:
Contract No. 91-256 with R. Burke
Corporation for Coffee Road
bridges at Cross Valley Canal and
Kern River and Coffee Road widening
between Truxtun Avenue and Brimhall
Road, completed October 29, 1993.
Contract No. 93-97 with Gary
Lasater Construction, Inc. for
installation of a new elevator at
the Development Services Building,
1715 Chester Avenue, completed
November 1, 1993.
189
Bakersfield, California, December 1, 1993 - Page 5
8. CONSENT CALENDAR continued
ACTION TAKEN
So 3.
Contract No. 93-113 with Halopoff
and Sons, Inc. for construction
of storm drain on F Street from
Truxtun Avenue to 1100 feet north,
completed November 2, 1993.
Contact No. 93-140 with The DeWalt
Group for Tract No. 5675, Phase I,
located southwest of Meacham Road
and Main Plaza Drive, completed
November 15, 1993.
Contract No. 93-180 with Granite
Construction Company for Stockdale
Highway median construction, Coffee
Road to 1200 feet east of E1 Rio
Drive, completed November 17, 1993.
Contract No. 93-208 with West Kern
Corporation for Tract No. 5441,
Phase C, located southeast of
Jewetta Avenue and Noriega Road,
completed November 18, 1993.
Contract Change Order No. 1 to Contract
No. 93-92 with Griffith Company for the
rehabilitation of a 27-inch sewer line
in Stine Road between Pacheco Road and
Harris Road. (Ward 6)
Request for Extension of Time from
Wells Fargo Bank to extend the
completion date for Improvement
Agreement No. 93-15 to January 6, 1996.
(Ward 1)
Resolution ordering the summary vacation
of the sewer pipeline easement on the
east side of Oakdale Drive between Verde
Street and Stockdale Highway in the City
of Bakersfield. (Ward 5)
Resolution adopting the City of Bakers-
field Disadvantaged Business Enterprise
(DBE) Program for use on federally
funded highway improvement projects in
the City of Bakersfield for Fiscal Year
1993-94.
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
RES 182-93
RES 183-93
Bakersfield, California, December 1, 1993 - Page 6
8. CONSENTCALENDAR continued
ACTION TAKEN
ko
Resolution determining that an air
conditioning cooling tower for the
Police Department Building cannot be
reasonably obtained through usual
bidding procedures; authorizing the
Finance Director to dispense with
bidding therefor, not to exceed
$35,000; and appropriate $35,000
General Fund Balance to Public Works
Capital Improvements Budget within
the Capital Outlay Fund. (Ward 2)
Resolution approving the destruction
of certain obsolete City records,
documents, instruments, books and
papers pursuant to Government Code
Section 34090 et seq. of the State
of California. (Fire Department)
Tract Map and Improvement Agreement
with St. Clair Development Company for
Tract No. 5652 south of Harris Road and
west of Stine Road. (Ward 6)
Cooperative Agreement with State of
California Department of Transportation
for improvements on Freeway 99 ramps
and California Avenue between Oak Street
and Real Road. (Ward 5)
Agreement with CalOak Development
Properties, Inc., for improvements on
Freeway 99 ramps and California Avenue
between Oak Street and Real Road.
(Ward 5)
License Agreement with Arvin-Edison
Water Storage District for the Ashe
Road at Harris Road box culvert and
intersection construction at the
Arvin-Edison Canal. (Wards 4 & 6)
Amendment No. 9 to Agreement No. 78-165
with Gary Garone at Wastewater Treat-
ment Plant No. 2 for the addition and
deletion of acreage. (Ward 1)
RES 184-93
RES 185-93
REMOVED FOR
SEPARATE
CONSIDERATI6~
AGR 93-237
AGR 93-238
AGR 93-239
AGR 93-240
Bakersfield, California, December 1, 1993 - Page 7
8. CONSEI~TCALENDAR continued
ACTION TAKEN
to
Uo
Accept proposal to enter into Independ-
ent Contractor's Agreement with Servi-
Tech Controls, Inc. ($174,310) to
replace existing light fixtures at
various City facilities (City Hall,
City Hall Annex, Corporation Yard
General Services Complex, Development
Services Building and Police Department
Building) with newer, more energy
efficient fixtures; and appropriate
$174,310 General Fund Balance to Public
Works Capital Improvements Budget within
the Capital Outlay Fund. (Wards 2 & 5)
Accept bids to award Annual Contracts
to Imaging Products Int'l (33 items,
$32,983.86) and Canoga Cameras (46
items, $20,247.98) for camera film and
products used by Police and other
departments. (Total cost: $53,231.84)
Accept bid to award Annual Contract to
Kern Turf Supply, Inc. (234 items,
$53,042.80) for PVC pipe and sprinklers
for Parks Division.
Accept bid to award Contract to Safety
Electric Corporation ($111,303.30) for
traffic signal and lighting installa-
tion on Niles and Virginia Streets.
(Ward 2)
Accept bid to award Contract to
Granite Construction ($554,454) for
Ashe Road at Harris Road box culvert
and intersection construction at
Arvin-Edison Canal. (Wards 4 & 6)
Comprehensive Annual Financial Report
and the Federally Required Single Audit
Report for Fiscal Year 1992-93.
Component Unit Financial Report of the
Central District Development Agency for
Fiscal Year ended June 30, 1993.
Annual Report of Financial Transaction
of the Central District Development
Agency to the State Controller.
AGR 93-241
CON 93-242
CON 93-243
CON 93-244
CON 93-245
CON 93-246
Bakersfield, California, December 1, 1993 - Page 8 ~
8. CONSSNICAIFNDAR continued
ACTION TAKEN
Fiscal Year 1994 Comprehensive Housing
Affordability Strategy (CHAS) and
submittance to Federal Department of
Housing and Urban Development (HUD).
Transfer $60,000 savings from the
Development Services Building project
to the Public Works Capital Improve-
ments Budget in the Capital Outlay
Fund for City Hall Annex Building
improvements.
Hotion by DeMond to adopt Items (a)
through (x) of the Consent Calendar, with
the exception of Items c.5., c.6., j., w.
and x.
REMOVED FOR
SEPARATE
CONSIDERATI(~
REMOVED FOR
SEPARATE
CONSIDERATIC~
APPROVED
Co 5.
Contract No. 93-180 with Granite
Construction Company for Stockdale
Highway median construction, Coffee
Road to 1200 feet east of E1 Rio
Drive, completed November 17, 1993.
Motion by Brunni to adopt Item c.5. of
the Consent Calendar.
APPROVED
Contract No. 93-208 with West Kern
Corporation for Tract No. 5441,
Phase C, located southeast of
Jewetta Avenue and Noriega Road,
completed November 18, 1993.
Brunni was absent due to conflict of
interest.
Motion by McDermott to adopt Item c.6.
of the Consent Calendar.
APPROVED
ABBRUNNI
Tract Map and Improvement Agreement
with St. Clair Development Company for
Tract No. 5652 south of Harris Road and
west of Stine Road. (Ward 6)
Rowles was absent due to conflict of
interest.
AGR 93-247
Motion by McDermott to adopt Item j. APPROVED
of the Consent Calendar. AB ROWLES
Bakersfield, California, December 1, 1993 - Page 9
8. CONSENT CALENDAR continued
ACTION TAKEiN
Fiscal Year 1994 Comprehensive Housing
Affordability Strategy (CHAS) and
submittance to Federal Department of
Housing and Urban Development (HUD).
Motion by McDermott to adopt Item w.
with the deletion of Priority A on
Page 148 and Priority A on Page 182
of the document and renumber accord-
ingly.
FAILED
NS EDWARDS
DEMOND
SMITH
SALVAGGIO
Motion by Edwards to adopt Item w. of
the Consent Calendar.
APPROVED
NS MCDERMOI~?
BRUNNI
ROWLES
Transfer $60,000 savings from the
Development Services Building project
to the Public Works Capital Improve-
ments Budget in the Capital Outlay
Fund for City Hall Annex Building
improvements.
McDermott and DeMond thanked staff,
Planning Director Hardisty and
Building Director Fidler, on the
renovation of the new Development
Services Building.
Brunni requested a recap of the
savings as to amount spent
compared to amount budgeted.
Motion by McDermott to adopt Item x. APPROVED
of the Consent Calendar. AB SMITH
Bakersfield, California, December 1, 1993 - Page 10
9. HEARINGS
ACTION TAKEN
Public hearing as required by Resolution
of Intention No. 1109 regarding assess-
ments for Maintenance District 1,
Division 9, Brimha11/Verdugo. (Ward 4)
No one spoke at hearing. Hearing
closed.
Motion by Brunni to hold the protest
hearing at the meeting of December 15,
1993.
APPROVED
AB SMITH
Publlo hearing on Assessment District
No. 93-1, Northeast Sewer. (Resolution
of Intention 1110) (Ward 3)
Correspondence has been received in
protest from:
Roger L. Almklov, M.D., dated November
2, 1993; Michael D. Brown, on November
15, 1993; Renee Elkins, dated November
16, 1993; Constant N. Afana, dated
November 16, 1993; and David Afana,
dated November 26, 1993.
Smith was absent due to conflict of
interest.
Public Works Director Schulz requested
Richard Hargrove, Bond Counsel, Burke,
Williams & Sorensen, provide background
information on the process of two
hearings.
Hearing opened.
The following individuals spoke in
opposition to the project:
George Nickel, Jr. who also distributed
written material; and Frank Collins.
Hearing closed.
Mayor Price announced the protest
hearing would be held at the meeting
of December 15, 1993.
DeMond requested staff investigate Mr.
Collins' assessments for his property
and respond back by December 15, 1993.
McDermott and Salvaggio reiterated this
request.
Bakersfield, California, December 1, 1993 - Page 11
9. HEARINGS continued
ACTION TAKEN
Appeal by Adrian A1-Qudsi to the
decision of the Board of Zoning Adjust-
ment denying a modification to allow a
5 1/2 foot high fence within the front
yard setback where 4 feet is the maximum
permitted in an R-1 Zone. (MOD No. 5511,
3608 Ginnelli Way) (Ward 6)
Planning Director Hardisty provided
background information.
Hearing opened.
The following individuals spoke in
opposition to staff recommendation:
J.J. Gianquinto, Attorney, representing
the appellant, who also distributed
copies of the initial petition and
withdrawal of the opposition; and Ed
Henson, neighbor.
Hearing closed.
Motion by McDermott to adopt Resolution
upholding the Board of Zoning Adjust-
ment decision, denying the requested
modification.
RES 186-93
APPROVED
ABS BRUNNI
AB SMITH
10. REPORTS
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-35 by changing the zoning
from County A to City R-1 on 36 acres,
from County A to City E on 20 acres
and from County E-1 to City E on 1.9
acres located at the northeast corner
of Btine and McKee Roads, known as
Stine No. 10 Annexation. (Prezoning
5497, GPA 3-93, Segment III) (First
Reading November 10, 1993)
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, December 1, 1993 - Page 12 ~4~
11. DEFERRED BUSINESS continued
ACTION TAKEN
Ce
de
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-22 by changing the zoning
from C-1 to R-1 on 5.14 acres located
at the northeast corner of Ashe and
Harris Roads. (Ward 6) (Zone Change
5498, GPA 3-93, Segment VII) (First
Reading November 10, 1993)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 103-22 by changing the zoning
from R-1 to PCD on 7.56 acres located
at the northeast corner of Bernard
Street and New Market Way for develop-
ment of an 18,000 square foot fitness
center. (Zone Change 5506) (Ward 3)
(First Reading November 10, 1993)
Ordinance adding Subsection D. to
Section 14.20.030 of the Bakersfield
Municipal Code relating to sewer
connection fees. (First Reading
November 10, 1993)
Motion by McDermott to adopt Items
a. through d. of Deferred Business.
ORD 3569
ORD 3570
ORD 3571
NAT
Amended motion by McDermott to adopt
Items b., c. and d. of Deferred
Business.
APPROVED
Ordinance amending Title 17 of the
Bakersfield Municipal code and Zoning
Map No. 123-35 by changing the zoning
from County A to City R-1 on 36 acres,
from County A to City E on 20 acres
and from County E-1 to city E on 1.9
acres located at the northeast corner
of Stine and McKee Roads, known as
Stine No. 10 Annexation. (Prezoning
5497, GPA 3-93, Segment III) (First
Reading November 10, 1993}
Brunni absent due to conflict of
interest.
Motion by McDermott to adopt Ordinance.
ORD 3572
APPROVED
AB BRUNNI
Bakersfield, California, December 1, 1993 - Page 13
12. NEW BUSINESS
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-20 by changing the zoning
from R-1 to R-2 on 36.64 acres and
from R-2 to C-2 on 1.77 acres, located
within the boundaries of the Riverlakes
Ranch/Unibe11 Specific Plan, north of
Rosedale Highway between Meatham Road,
Baron Avenue (proposed), Friant-Kern
Canal and Main Plaza Drive. (Zone
Change 5491, GPA 3-93, Segment I)
(Acceptance of Zone Change was approved
November 10, 1993) (Ward 4)
Ordinance amending Subsection E. of
Section 16.32.060 of the Bakersfield
Municipal Code relative to fees for
construction of Planned Sanitary Sewer
Facilities pursuant to adopted plans,
or connections to Sanitary Sewer Facil-
ities, and adding reference to plans
adopted for Northeast Bakersfield
Planned Sewer Areas.
Amendment No. i to Agreement No. 93-36
with Clinica Sierra vista, Inc. for
Community Development Block Grant (CDBG)
funds to purchase land and transfer of
City-owned land. (Ward 1)
Economic Development Director Wager
provided brief comments on the project.
Motion by Edwards to approve Amendment
to Agreement.
FR
FR
AGR 93-248
APPROVED
Status of Pilot Curbside Green Waste
Program.
Water and Sanitation Manager Bogart
provided background information.
Brunni thanked staff for the informa-
tive and productive meeting held
November 23, 1993 with staff and the
public.
Bakersfield, California, December 1, 1993 - Page 14
12. NEWBUSINESS continued
~CTION TAKEiN
McDermott referred questions to staff:
1) size of the container not fitting
through residents' gates. Staff to
contact Lucille Pfeifer, representing
her neighborhood on Margalo Court;
2) needing extra or larger containers;
3) How does the waste pick up work when
a pick up day lands on a holiday?
Motion by Brunni to accept and approve
Status Report.
APPROVED
13. COUNCIL STATEMENTS
McDermott commented on a memo regarding
a movement trying to change the goal set
for the allowable level of traffic in the
community from Level C to Level D, and
urged staff to take a strong stand against
it.
DeMond announced the employment of Mary
Beth Richardson to the Sanitation Department.
Edwards referred the Sanitation Department
correspondence from the Oleander/Sunset
neighborhood regarding a complaint about
large trash bins in the alley being stolen
and not being replaced.
Edwards commented on the Canned Food Drive
and requested consideration be given to
distributing the food to Gleaners and the
Food Bank.
Brunni requested responses from City Manager
Tandy from a document entitled Notes for Alan
Tandy from Jack Hardisty, dated November 3,
1993, regarding:
2.b. - Mitigating school impacts; School task
force reactivated by City Council;
4.a. - Status Report on Mesa Marin CUP
compliance requested by Smith;
5.b. - Annual Report on the General Plan;
6.a. - Habitat Conservation Plan; and
7.a. - Air Pollution Control
149
Bakersfield, California, December 1, 1993 - Page 15
14. ADJOURNMENT
ACTION TAKEN
Motion by Brunni at 8:45 p.m.
APPROVED
MAYORC~f the City of Bakersfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
12/17/93 3;14p~