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HomeMy WebLinkAbout12/15/1993 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 15, 1993 WORKSHOP- 6:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield Mayor Price called the Workshop to order at 5:30 p.m. 1. ROLL CALL ACTION TAKE~ Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Rowles, Salvaggio None Smith, PROGRESS REPORT ON GENERAL PLAN IMPLEMENTATION. Principal Planner Gauthier presented a brief overview of the annual report on the General Plan. Motion by Brunni to refer the written report to Urban Development Committee for review prior to coming back. APPROVED Motion by McDermott to adjourn from Workshop at 5:45 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Reverend John Spurling, First Assembly of God Church. PLEDGEOF.~I'r=GIANCE by Patrick Benedes, Senior at Cal State University, Bakersfield 3. ROLL CALL Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Rowles, Salvaggio None Smith, Bakersfield, California, December 15, 1993 - Page 2 CLOSED SESSION ACTION PRESENTATIONS PUBUC STATEMENTS Ann Monroe, spoke regarding property taxes and submitted a pamphlet. Ed Waterman, Bakersfield City School District, spoke in support of Assess- ment District No. 93-1, Northeast Sewer Project. (Hearing Item 9.d.) Dennis Fox spoke regarding using cheap ground cover and saving water. do Jon Waters, representing the Nalbandian, Kirkorian and Waters families, spoke in support of Assess- ment District No. 93-1, Northeast Sewer Project, on the condition that Chevron properties be included in the district and on a future GPA. (Hearing Item 9.d.) Motion by McDermott to add New Business Item i. to the Agenda, which arose after the Agenda was prepared and requires action tonight. ACTION TAKEN APPROVED Resolution authorizing city staff to submit appropriate documentation and take other action to add routes or highways to the National Highway System (NHS) Legislation. APPOINTMENTS One (1) appointment (Member) to the Board of Zoning Adjustment due to the death of Larry Lunardini, term expiring December 1, 1994. Motion by Salvaggio to appoint Acting APPROVED City Attorney Judy Skousen as Member. Bakersfield, California, December 15, 1993 - Page 3 7. APPOINTMENTS continued ACTION TAKE~ Three (3) appointments to the Citizens Convention Center Committee due to the expiration of terms of Bobbye J. Caras (Ward 2), Kay F. Madden (Ward 6) and Christine Klotz (Ward 7), terms expiring January 3, 1994. Motion by Salvaggio to reappoint Christine Klotz (Ward 7), term expiring January 3, 1998. Motion by McDermott to reappoint Kay Madden (Ward 6), term expiring January 3, 1998. DeMond deferred appointment to Ward 2 and asked the application process be opened back up. CONSENTCALENDAR Voucher Nos. 3679 to 4262 inclusive, in the amount of $2,425,796.56 and Self Insurance Voucher Nos. 1028 to 1154 inclusive, in the amount of $94,002.57. Minutes of the Workshop, Closed Session and Regular Meeting of December 1, 1993. c. Communication has been received from: Burton H. Armstrong, Brown, Waits & Armstrong Accountancy Corporation, dated October 15, 1993, regarding Fiscal Year 1993-94 appropriation limit. (Receive and place on file) APPROVED APPROVED Burton H. Armstrong, Brown, Waits & Armstrong Accountancy Corporation, dated October 15, 1993, regarding a management letter which discusses improvements for financial operations for Fiscal Year 1992-93. (Receive and place on file) Bakersfield, California, December 15, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKE]{ do so Grant of Easement to Pacific Bell for the construction and installation of communications facilities on the north- east corner of Alfred Harrell Highway and Lake Ming Road. (Ward 3) Notices of Completion and acceptance of work: Contract No. 93-105 with Granite Construction Company for resurfac- ing various streets in central and northeast Bakersfield, completed November 24, 1993. Contract No. 93-95 with Rising Sun Company for construction of curb and gutter on portions of Castro Lane and Lum Avenue, 6th Street, Tulare Street, Inyo Street and Kern Street, completed November 22, 1993. Contract No. 93-167 with Kern Backhoe Service, Inc. for removal of median pavement on Union Avenue from Brundage Lane to California Avenue, completed November 22, 1993. Contract No. 92-223 with Hardt Construction Company for Tract No. 5594, Phase A, landscaping, located on the north side of Hageman Road west of Old Farm Road, completed November 15, 1993. 5e Contract No. 92-240 with Tract 5445 Partners for Tract No. 5445, Phase II, landscaping, located on the southwest corner of Meacham Road and Calloway Drive, completed November 29, 1993. Plans and Specifications for water main extension along Mt. Vernon Avenue, south of Highway 58. (Ward 1) DEED 3853 Bakersfield, California, December 15, 1993 - Page 5 8. CONSENTCALENDAR continued ACTION TAKE]~ mo Resolution determining that autoscope machine-vision detection systems for traffic control cannot be reasonably obtained through usual bidding proced- ures and authorizing the Finance Direc- tor to dispense with bidding therefor, not to exceed $199,600. (Four systems at $49,900 each) (Wards 2, 4 & 6) Resolution amending Resolution No. 57-92 setting salaries and related benefits for employees of the Blue and White Collar Units (Park Planner). Resolution amending Resolution No. 12-92 regarding the establishment of Underground Utility District No. 2, Division 22. (White Lane Underground Utilities Project). (Ward 6) Tract Maps and Improvement Agreements: Riverlakes Ranch for Tract 5477, Phase 3, northeast corner of Riverlakes/Southshore Drive. (Ward 4) The DeWalt Group, Inc. for Tract 5675, Phase 2, southwest corner of Meacham Road and Main Plaza Drive. (Ward 4) DeWalt Corporation for Tract 5416, Phase 5, north of Noriega Road, approximately 1500 feet east of Jewetta Avenue. (Ward 4) Subordination Agreement with Sheldon Sammons and Ted Sammons for a home improvement loan, 1909 Bank Street. (Ward 2) Agreement with Bank of America NT & SA for extending contract for banking services (ref: Contract No. 88-2). Agreement with County of Kern designat- ing City of Bakersfield as the lead agency for the siting of a Metropolitan Materials Recovery Facility. RES 187-93 RES 188-93 RES 189-93 AGR 93-249 AGR 93-250 AGR 93-251 REMOVED FOR SEPARATE CONSIDERATION DEED 3857 AGR 93-253 AGR 93-254 155 Bakersfield, California, December 15, 1993 - Page 6 CONSENTCALENDAR continued Agreement with County of Kern for con- struction of a traffic control signal and lighting system at the intersection of Niles and Virginia Streets in joint City/County jurisdiction. (Ward 2) Oe Agreement with Kern County Local Agency Formation Commission (LAFCO) to indemnify LAFCO for Bakersfield Annexation No. 376, College No. 5, Proceeding No. 1139, located at the southeast corner of Morning Drive and College Avenue. (Ward 3) Attorney Retainer Agreement with Edward Duddy for legal services. Consultant's Agreement with Ronald F. Ruettgers, Civil Engineer, for design engineering services related to the widening of California Avenue between Real Road and Oak Street and modifica- tion of Highway 99 off/on ramps. (Ward 5) Agreement with Community Construction, Inc. to purchase real property located west of Saddle Drive for $105,000 to increase the size of Saddle Drive Park and to exchange properties to relocate adjoining sump; and appropriate $106,000 fund balance to the Community Services Capital Improvement Budget within the Park Improvement Fund. (Ward 4) Accept bid to award Contract to La Quinta Construction, Inc. ($35,174) for reroofing of the upper stage house at the Bakersfield Convention Center and appropriate $15,000 Capital Outlay Fund balance to the Public Works Department Capital Improvement budget within the Capital Outlay Fund. (Ward 2) Appropriation of $3,050 (miscellaneous contributions) to the Fire Department Operating Budget in the General Fund to offset bid amount for defibrillators, which did not include sales tax. Motion by DeMond to adopt Items (a) through (t) of the Consent Calendar with the exception of Items j.3., o., r. and t. ACTION TAKEN AGR 93-255 REMOVED FOR SEPARATE CONSIDERATION AGR 93-256 AGR 93-257 REMOVED FOR SEPARATE CONSIDERATIOW CON 93-258 REMOVED FOR SEPARATE CONSIDERATION APPROVED Bakersfield, california, December 15, 1993 - Page 7 8. CONSENTCALENDAR continued ACTION TAKEN Tract Maps and Improvement Agreements: DeWalt Corporation for Tract 5416, Phase 5, north of Noriega Road, approximately 1500 feet east of Jewetta Avenue. (Ward 4) Brunni was absent due to a conflict of interest. Motion by McDermott to adopt Item j.3. of the Consent Calendar. AGR 93-259 APPROVED AB BRUNNI Oo Agreement with Kern County Local Agency Formation Commission (LAFCO) to indemnify LAFCO for Bakersfield Annexation No. 376, College No. 5, Proceeding No. 1139, located at the southeast corner of Morning Drive and College Avenue. (Ward 3) Motion by Smith to adopt Item o. of the Consent Calendar. AGR 93-260 APPROVED ro Agreement with Community Construction, Inc. to purchase real property located west of Saddle Drive for $105,000 to increase the size of Saddle Drive Park and to exchange properties to relocate adjoining sump; and appropriate $106,000 fund balance to the Community Services Capital Improvement Budget within the Park Improvement Fund. (Ward 4) Motion by Brunni to adopt Item r. of the Consent Calendar. AGR 93-261 DEED 3854 DEED 3855 DEED 3856 APPROVED Appropriation of $3,050 (miscellaneous contributions) to the Fire Department Operating Budget in the General Fund to offset bid amount for defibrillators, which did not include sales tax. Motion by Brunni to adopt Item t. of APPROVED the Consent Calendar. 157 Bakersfield, California, December 15, 1993 - Page 8 9. HEARINGS ACTION TAKEI_~ Continued hearing to consider the Disposition and Development Agreement with John Q. Hammons for the Bakers- field Convention Center Hotel Project pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). Hearing opened. John Spaulding, Executive Secretary, Kern, Inyo & Mono Counties Building and Construction Trades Council, spoke in opposition to the project and submitted correspondence on prevailing wages. (Brunni later requested staff respond to John Spaulding.) Hearing closed. Hearing to consider the transfer of certain real property to John Q. Hammons and Juanita Hammons in connec- tion with the Bakersfield Convention Center Hotel Project pursuant to the California Health and Safety Code Section 33433, and to consider the related Disposition and Development Agreement and other actions related to the transaction. Hearing opened. James Ware, Downtown property owner, spoke in support. Hearing closed. Motion by McDermott to adopt Nos. 4., 5. and 6. of the staff recommendation: 4. Finding that no significant changes have occurred relative to the environ- mental impacts of this project since certification of the original Negative Declaration by the City Council on May 18, 1982, and the filing of a Notice of Determination on September 19, 1986, and therefore no further environmental action is required with respect to this project; RES 190-93 AGR 93-262 AGR 93-263 AGR 93-264 AGR 93-265 APPROVED Bakersfield, California, December 15, 1993 Page 9 9. H~AN[NG$ continued ACTION TAKEN 5. Adopt Resolution approving the sale of the hotel site and the lease of the Convention Center Ballroom to John Q. H~mmons and Juanita Hammons in accord- ance with the terms and conditions of the Disposition and Development Agree- ment which was presented at the meeting for consideration by City Council; 6. Approve the Disposition and Development Agreement (DDA) between City of Bakersfield, Central District Development Agency and John Q. H~mmons and Juanita Hammons in the form presented, together with all attachments to the DDA, including, without limita- tion, the Joint Marketing/Booking Agreement, the Catering Agreement and the Ballroom Lease Agreement. Brunni informed staff that the word "principle" should be spelled "principal" and asked the following questions: 1) 2) 3) 4) Who will be signing the continuing guarantee; Who will sign in reference to Page 4, Section 303; Who will sign in reference to Page 15, Section 801 f.; and Will we be providing Hammons' financial information to Bank of America. Brunni requested staff respond to John Spaulding's letter regarding prevailing wages. Protest hearing to consider a Resolution establishing Maintenance District 1, Division 9, confirming the assessment and authorizing collection of assessments by the Kern County Tax Collector. (Resolution of Intention No. 1109, Brimhall/Verdugo) (Ward 4) No one spoke at hearing. Hearing opened. RES 191-93 Motion by Brunni to adopt Resolution. APPROVED Bakersfield, California, December 15, 1993 - Page 10 9. HEARINGS continued ACTION TAKEN Protest hearing as required by Resolution No. 170-93 to consider a Resolution adopting the Engineer's Report; confirming the assessment; and ordering the work on proposed Assessment District No. 93-1, North- east Sewer Project. (Resolution of Intention 1110) (Ward 3) Correspondence has been received in protest from: James L. Nickel, Nickel Enterprises, dated December 1, 1993; and Helen W. and William S. Campbell, dated December 13, 1993. Correspondence has been received from David P. Schale, M.D., representing the E1 Dorado Estates Homeowner's Association, stating that they are exploring options that would allow them connection to the Northeast Sewer. Smith absent due to conflict of interest. Assistant Public Works Director Kloepper presented background information. Richard Hargrove, Bond Counsel, spoke regarding the Engineer's Report and assessments. Hearing opened. The following individuals spoke in protest: Frank Collins, property owner; Kenneth Byrom, Byrom, Holland & Griffin, representing Mr. & Mrs. Nickel and American West Lands Company; and Malcomb McCulloch, representing Chevron U.S.A. Hearing closed. RES 192-93 Motion by DeMond to adopt Resolution. APPROVED AB SMITH Bakersfield, California, December 15, 1993 - Page 11 9. HEARINGS continued ACTION TAKEN Protest hearing to consider a Resolution making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1139, Annexation No. 376, College No. 5, annexed to the City of Bakersfield. (Ward 3) No one spoke at hearing. Hearing closed. Motion bySmith to adopt Resolution. RES 193-93 APPROVED Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the properties listed below constitutes a public nuisance and directing the Chief of the Fire Department to abate such nuisance. Ward 1: 229 T Street, 451 Brown Street, 1208 Eureka Street, 316 H Street; Ward 2: 514 Niles Street, Vacant lot north of 1224 E. 21st Street, Vacant lot west of 1224 E. 21st Street, SBE 804-15-16G PAR 30; Ward 3: 6513 Highland Knolls Drive, 6512 Canyon View Court, 6309 Canyon View Court, 4904 Ina Court, 4908 Ina Court, 4916 Ina Court; Ward 5: 311 Garnsey Avenue; Ward 7: 4209 Alexander, 6546 Nadeau Fire Prevention Inspector DeMarco requested removal of the following properties, which have been cleaned: Ward 1: 316 H Street; Ward 2: Vacant lot north of 1224 E. 21st Street; Vacant lot west of 1224 E. 21st Street; SBE 804-15-16G PAR 30 RES 194-93 No one spoke at hearing. Hearing closed. Bakersfield, California, December 15, 1993 - Page 12 9. HEARINGS continued ACTION TAKEN Motion by Salvaggio to adopt Resolution confirming the Report of the Fire Chief with the deletion of 316 H Street; Vacant lot north of 1224 E. 21st Street; Vacant lot west of 1224 E. 21st Street; and SBE 804-15-16G PAR 30. APPROVED 10. REPORTS city Manager Oral Report No. 11-93 regarding Status of City Wide Park Maintenance District. Assistant city Manager Stinson provided an overview on the progress of the City Wide Park District. Steve Hawkins, Assessment District Consultant; and Mr. Agonia, NOR Park District, responded to questions. Motion by Brunni to accept Oral Report. APPROVED Personnel Committee Report No. 2-93 regarding Report from Health Care Consultant on Employee Assistance Program (EAP); Mental Health and Chemical Dependency Benefits; Compre- hensive Major Medical Plan; and Health Dental and Vision Plan Renewals: Group Benefit Agreement with Blue Cross (California Care) for Health Maintenance Organization Services. Group Policy Agreement with Blue Cross (Wellpoint Life) for Indem- nity Health and Dental Services. Group Emotional Health Care Services Contract with Psychology Systems, Inc. Amendment No. i to Agreement 92-278 with Cal/Group Trust (Medical Eye Services) for Vision Services. Amendment No. 2 to Agreement No. 91-280 with Dedicated Dental Services, Inc. (K&R) for Dental Services. AGR 93-266 AGR 93-267 AGR 93-268 AGR 93-269 AGR 93-270 Bakersfield, California, December 15, 1993 - Page 13 10. REPORTS continued ACTION TAKE]~ Amendment No. 2 to Agreement No. 91-281 with Health Benefits Inc., for Dental Services. AGR 93-271 Brunni absent for Items 1., 2. and 3. due to conflict of interest, and requested Items 4., 5. and 6. be dealt with separately. Motion by DeMond to accept Report. Herb Kaighan, city's Health Care Consultant, explained the prescription programs. APPROVED AB BRUNNI Motion by DeMond to approve Items 1., 2. and 3. APPROVED ABBRUNNI SALVAGGIO Motion by DeMond to approve Item 4. NAT Amended motion by DeMond to approve Items 4., 5. and 6. APPROVED 11. DEFERRED BUSINESS ordinance amending Title 17 of the Bakersfield Municipal Code and Zone 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/unibell Specific Plan, north of Rosedale Highway between Meacham Road, Baron Avenue (proposed), Friant-Kern Canal and Main Plaza Drive. (GPA 3-93, Segment I, Zone Change 5491) (Ward 4) (Acceptance of Zone Change approved November 10, 1993 and First Reading given December 1, 1993) Motion by Brunni to adopt Ordinance. ORD 3573 APPROVED NS EDWARDS DEMOND 163 Bakersfield, California, December 15, 1993 - Page 14 11. DEFERRED BUSINESS continued ACTION TAKEN Northeast Bakersfield Planned Sewer Area: Ordinance amending Subsection E. of Section 16.32.060 of the Bakersfield Municipal Code relative to fees for the construction of Planned Sanitary Sewer Facilities pursuant to adopted plans, or connections to Sanitary Sewer Facilities, and adding reference to plans adopted for Northeast Bakersfield Planned Sewer Areas. (First Reading December 1, 1993) Smith absent due to conflict of interest. Motion by McDermott to adopt Ordinance ORD 3574 APPROVED AB SMITH Resolution adopting the Northeast Planned Sewer Area and making findings relative thereto. (Ward 3) Motion by DeMond to adopt Resolution. RES 195-93 APPROVED AB SMITH 12 · NEW BUSINESS Ordinance amending Paragraph E. of Section 17.08.080 of Title 17 of the Bakersfield Municipal Code relating to reconstruction of damaged non-con- forming buildings. Planning Director Hardisty provided clarification on this item. Resolution providing for issuance of the City of Bakersfield Sewer Revenue Refunding Bonds, Series 1993, in the aggregate principal amount not to exceed $21,265,000 and awarding sale thereof. FR RES 196-93 Motion by Brunni to adopt Resolution. APPROVED Bakersfield, California, December 15, 1993 - Page 15 12. NEW BUSINESS continued ACTION TAKEN Co Resolution approving the forms of and authorizing executive of an Installment Purchase Agreement and a Site Lease and authorizing necessary actions in connection with the 1993 Bridge/Roa4 Improvement Project. Motion by Brunni to adopt Resolution. RES 197-93 AGR 93-272 AGR 93-273 APPROVED Resolution approving the forms of and authorizing execution of a Lease Agree- ment, a Sublease-Purchase Agreement, an Assignment Agreement, and an Agency Agreement and authorizing necessary actions in connection with the 1993 Convention Center Meeting Room Lease Financing. Motion by DeMond to adopt Resolution. RES 198-93 AGR 93-274 AGR 93-275 AGR 93-276 AGR 93-277 APPROVED Resolution approving the forms of and authorizing execution of a Lease Agree- ment, a Sublease-Purchase Agreement, an Assignment Agreement, and an Agency Agreement and authorizing necessary actions in connection with the 1993 Convention Center Ballroom Lease Financing. Motion DeMondbyadopt Resolution. RES 199-93 AGR 93-278 AGR 93-279 AGR 93-280 AGR 93-281 APPROVED Resolution amending Resolution No. 44-93 setting salaries and related benefits (Stagehands, Temporary unit). RES 200-93 Motion by Salvaggio to adopt Resolution. APPROVED NS MCDERMOTT Bakersfield, California, December 15, 1993 - Page 16 12. NEWBUSINESS continued ~CTION TAKEr{ Agreement with Bakersfield Senior Center, Inc. for acquisition assistance of property located at 610 and 624 Fourth Street. (Ward 1) Edwards absent due to conflict of interest. Economic Development Director Wager provided a brief overview. Motion byDeMond to approve Agreement contingent upon Acting City Attorney Skousen finding no legal problem regarding Page 8, Section 10, Paragraph 2. 93-282 APPROVED AB EDWARDS DeMond advised that Council has approved numerous documents with the Senior Center and the language referred to has never appeared before. Set a date to complete City Council Goal Setting. Resolution authorizing City staff to submit appropriate documentation and take other action to add routes or highways to the National Highway system (NHS) Legislation. Motion by McDermott to approve Resolution. NAT RES 201-93 APPROVED 13 . COUNCIL STATEMENTS Brunni provided an update on railroad crossings. PUC/RR representatives and a representative from Trice Harvey's Office will be in Bakersfield in January to look at the condition of our railroad crossings. She requested Councilmembers provide a list of locations that are of concern. Brunni advised Council, correspondence has been received from the Public Utilities Commission regarding the Marzolf vs. P.G.& E. case. P.U.C. will address this case at the meeting of January 19 or February 2, 1994. Bakersfield, California, December 15, 1993 - Page 17 13. COUNCIL STATEMENTS continued ACTION TAKE]~ Brunni requested staff closely monitor the Restructuring Local Government meetings, chaired by Bud Orvrum. Brunni requested staff review and comment on the California Water Plan Update. Smith referred to staff the problem of dying pine trees in Northeast Bakersfield and advised the asphalt in the center dividers are deteriorated and suggested removing the asphalt to expand openings allowing water to penetrate the roots of the trees; and requested she be apprised of this matter. McDermott mentioned a railroad problem on Stine Road. McDermott requested staff implement the new Brown Act Legislation by January 1, 1994 for Boards and Commissions rather than April 1, 1994. Motion by McDermott to refer to the Economic Development Committee a meeting with Leader- ship Group Bakersfield regarding the City Motto. APPROVED Demond referred to staff monitoring of the state-supported International Festival to be held October 1994 at Sumner/Baker, and bring back to Council as a Workshop. Rowles requested copies of the Keyser/Marston Feasibility Report, Disposition and Develop- ment Agreement, for himself and Brunni. Rowles mentioned public meetings on January 11 & 17, 1994 in his area to discuss the bike path, speed bumps and City services, etc. and asked City Manager Tandy to attend. Rowles commented on Council's insightfulness on the ISTEA II issue. Bakersfield, California, 13. COUNCIL STATEMENTS continued December 15, 1993 - Page 18 ACTION TAKEN Rowles remarked on Total Quality Management (TQM) and Dr. Attaran, Cal State Management Department, and advised City Manager Tandy he could provide a phone number for Dr. Attaran. Mayor Price encouraged Council to set a date for a Goal Setting Session. 14. AD4OURNM£N~ Motion by McDermott at 9:38 p.m. APPROVED MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA DEC15.MIN 1/19/94 8:31am