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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~