HomeMy WebLinkAbout03/24/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 24, 1993
CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLE CALL
ACTION TAKE~
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith (seated at 5:20), Brunni,
Kane, Salvaggio
None
Motion by McDermott to add Closed Session Item
5. that arose after the agenda was prepared and
requires action tonight.
APPROVED
AB SMITH
Closed Session pursuant to Government Code
Section 54956.9(a) regarding litigation in
the case of Valdez, Tito vs. City of
Bakersfield, et al. (Kern Superior Court
Case No. 219737)
Closed Session pursuant to Government Code
Seotion 54956.9(a) regarding litigation in
the case of Esquibel, et al. vs. City of
Bakersfield, et al.
COUNCIL
AUTHORIZED
SETTLEMENT
COUNCIL
AUTHORIZED
SETTLEMENT
3. closed Session pursuant to Government Code DELETED
Section 54956.9(c) regarding potential
litigation.
closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
(Performance Evaluation of City Manager)
Closed Session was adjourned at 6:50 p.m.
GIVEN THE
APPROPRIATE
STEP INCREASE
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Conard Holt, Elder, First Assembly of God
Church.
2. PLEDGE OF A~ ~ ~:GIANCE
Bakersfield, California, March 24, 1993 Page 2 ~.~
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced the Closed Session
action as reflected on Page 1.
PRESENTATIONS
City Manager Tandy introduced and welcomed
Judy Skousen, Chief Assistant City Attorney.
Presentation of "Children's Issues
Awareness Week" proclamation to Wendy
Wayne, Vice President of Kern County
Children's Network.
(Presentations continued on Page 7)
PUBUC STATEMENTS
Marvin Dean spoke regarding Union
Avenue No. 10 Annexation.
APPOINTMENTS
Four (4) appointments to the Historic
Preservation Commission due to the
expiration of terms of shirlyn
Davenport (Mayor), Randy Hurt (Ward
1), James R. Parker, Jr. (Ward 2), and
Jean K. van Loben Sels (Ward 3), terms
expiring March 30, 1993.
DeMond announced she would like to
delay Ward 2 appointment for two weeks.
Motion by Smith to reappoint Jean K.
van Loben Sels (Ward 3), term expiring
March 30, 1997.
APPROVED
Mayor Price recommended reappointment
of Shirlyn Davenport.
Motion by McDermott to reappoint Shirlyn APPROVED
Davenport, term expiring March 30, 1997.
Bakersfield, California, March 24, 1993 - Page 3
8. CONSENT CALENDAR
ACTION TAKEN
Approval of Voucher Nos. 7094 to 7665
inclusive, in the amount of
$3,162,407.56 and Self Insurance
Voucher Nos. 1885 to 2007 inclusive,
in the amount of $58,292.33.
Minutes of the Workshop, Closed Session
and Regular Meeting of March 3, 1993.
Communication from Marvin Dean, dated
March 3, 1993, regarding appointment to
Community Advisory Council.
(Receive and place on file)
Notices of Completion and acceptance of
work for:
Contract No. 92-259 with Sterndahl
Enterprises, Inc. for installation
of reflectorized pavement markers
on major streets at various
locations, completed March 5, 1993.
Contract No. 92-49 with B.R.C. for
Tract No. 5186, Phase 1, southeast
of Campus Park and Buena Vista Road,
completed March 11, 1993.
Contract No. 92-47 with Bakersfield
II Limited Partnership for Tract No.
5432, Phase 1, south of Panama Lane
and east of Stine Road, completed
March 15, 1993.
Contract No. 92-103 with Valley
Land Ventures, Inc., for Tract No.
5441, Phase 1, northeast of Jewetta
Avenue and Hageman Road, completed
March 10, 1993.
Contract No. 92-157 with Riverlakes
Ranch Limited Partnership for Tract
No. 5476, Phase 1, northeast of
Riverlakes Drive and Hageman Road,
completed February 25, 1993.
166
Bakersfield, California, March 24, 1993 - Page 4
8. CONSENTCAlENDAR continued
AC?IO~ TAKE~
Plans and Specifications for:
Rehabilitation of 6-inch sewer
lines in various easements and
alleys in the Westchester area.
(Ward 2)
Rehabilitation of 27-inch sewer
line in Stine Road between Pacheco
and Harris Roads. (Ward 6)
Widening of So. H Street from
Panama Lane to 150 feet south.
(Ward 7)
Construction of curb and gutter
at various streets within the
City limits. (Wards 1, 2, & 6)
Contract Change Order No. 3 to Contract
No. 91-256 with R. Burke Corp. for
Coffee Road, Truxtun Avenue to Brimhall
Road. (Ward 4)
Tract Map and Improvement Agreement
with Riverlakes Ranch, Ltd. Partnership
for Tract 5478, Phase 1, Coffee Road
between Olive Drive and Hageman Road.
(Ward 4)
Program Supplement No. 049 with the
State of California for Brown Street
Bridge replacement at the Eastside
Canal. (Ward 2)
Agreement with Kern County Local Agency
Formation Commission (LAFCO) to
indemnify LAFCO for Bakersfield
Annexation No. 370, Stine No. 9,
Proceeding No. 1127, located west of
Stine Road between Hosking Avenue and
McKee Road. (Ward 6)
Agreement with Kern High School District
for lease of Central and Jefferson Pools.
Agreement with Denny's, Inc. Charitable
Fund for acceptance of a donation of
$21,500 for purchasing playground
equipment accessible to the disabled.
REMOVED FOR
SEPARATE
OONSID15~ATION
REMOVED FOR
SEPARATE
CONSIDERATIC~
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 93-48
AGR 93-49
AGR 93-50
AGR 93-51
Bakersfield, california, March 24, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
qe
Construction and Maintenance documents
for the Coffee Road Overpass at A.T.&
S.F. (Ward 4)
Resolution authorizing execution
of Construction and Maintenance
Agreement with Atchison, Topeka
and Santa Fe Railway Company
1)
Construction and Maintenance
Agreement with Atchison,
Topeka and Santa Fe Railway
Company ("Santa Fe") for the
Coffee Road Overpass at A.T.
& S.F.
Resolution authorizing filing of
application and verifying that
sufficient funds are available
and that all other matters
prerequisite to awarding the
contract for a grade separation
on Coffee Road at Atchison, Topeka
and Santa Fe Railway track in the
City of Bakersfield will be under-
taken.
Reject all bids for demolition of Fire
Station No. 2 at 716 E. 21st Street.
(Ward 2)
Reject all bids for construction of
block wall at Fire Station No. 11.
(Ward 4)
Reject bids for 1,300 refuse (95-gallon)
and 1,300 yard waste (60-gallon)
containers for Sanitation.
Accept bid from Cubic Container Mfg.
($62,178.19) for 11 roll-off and 60
front-loading refuse containers for
Sanitation Department.
Award Contract to Loop Electric
($67,173) for traffic signal on 4th
Street at P Street. (Ward 1)
Award Annual Contract to Pestmaster
Services ($16,985) for chemical
application for weed control.
RES 31-93
AGR 93-52
RES 32-93
CON 93-53
CON 93-54
Award Annual Contract to American CON 93-55
Fence Company ($43,503) for fencing.
Bakersfield, California, March 24, 1993 - Page 6 '~ ii.~
8. CONSENTCALENDAR continued
ACTION TAKEN
Award Annual Contract to Industrial
Asphalt ($252,144.75) for Type B
asphalt concrete for street repair.
Uo
Transfer $1,100,000 appropriations
from Public Works Operating Budget
in the General Fund to Public Works
Capital Improvements Budget in the
Gas Tax Fund and decrease $1,100,000
existing Capital Improvements
appropriations in the Gas Tax Fund.
Motion by McDermott to adoption of Items (a)
through (u) of the Consent Calendar, with
the exception of Items e., f. and g.
CON 93-56
APPROVED
e. Plans and Specifications for:
Rehabilitation of 6-inch sewer
lines in various easements and
alleys in the Westchester area.
(Ward 2)
Rehabilitation of 27-inch sewer
line in Stine Road between Pacheco
and Harris Roads. (Ward 6)
Widening of So. H Street from
Panama Lane to 150 feet south.
(Ward 7)
Construction of curb and gutter
at various streets within the
City limits. (Wards 1, 2, & 6)
Motion by McDermott to adopt Item e. of the
Consent Calendar.
APPROVED
fo
Contract Change Order No. 3 to Contract
No. 91-256 with R. Burke Corp. for
Coffee Road, Truxtun Avenue to Brimhall
Road. (Ward 4)
Motion by Brunni to adopt Item f. of the APPROVED
Consent Calendar.
Bakersfield, California, March 24, 1993 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
Tract Map and Improvement Agreement
with Riverlakes Ranch, Ltd. Partnership
for Tract 5478, Phase 1, Coffee Road
between Olive Drive and Hageman Road.
(Ward 4)
Motion by Brunni to adopt Item g. of the
Consent Calendar.
AGR 93-57
APPROVED
PRESENTATIONS continued
Presentation by Walter Nash and Mazi
Kazemzadeh, District Leaders for Denny's
Inc. Charitable Fund, of $21,500 check
to City of Bakersfield for purchase of
handicap-accessible playground equipment;
and presentation by Michal Clark,
Executive Director of Kern Regional
Center, to Walter Nash and Chris Quadri
for donation to the City.
9 o
HEARINGS
Resolution approving the Kern River
Bike Path alignment along the Carrier
Canal from Manor Street to a point
approximately two miles east. (Ward 2)
There has been a voluminous amount of
correspondence received that will be
considered as evidence for this public
hearing and is available for review in
the City Clerk's Office.
Assistant Public Works Director Kloepper
explained the map and alternate
alignments and presented a brief video
on Alignment C.
Hearing opened.
The following individuals spoke in
opposition to staff recommendation:
Scott Kuney, Attorney with Young Wool-
ridge; Fred Kumpel, attorney and friend;
and Pastor Ted Duncan, Calvary Bible
Church.
RES 33-93
Bakersfield, California, March 24, 1993 - Page 8
9. H~A~INGS continued
ACTION TAKEN
The following individuals spoke in support
of staff recommendation:
Carolyn Belli, President of Kern
Equestrians for Preservation of Trails;
Dean Gay; Rich O'Neil, Kern River Park-
way Committee; Wendy Stevens; Betsy
Teeter, City/County Trails Committee;
Ray Trichell; and Tommy Hayes, Kern
County Sheriff's Mounted Posse.
The following individuals spoke in
rebuttal:
Opposition: Fred Kumpel; John Harvey;
and James Worth, Attorney with McMurtrey
& Hartsock representing Kern Delta Water
District.
Support: James L. Wattenbarger; Betsy
Teeter; and Bill Cooper, Kern River
Parkway Committee.
Hearing closed.
Motion by DeMond to support Resolution
approving Kern River Bike Path alignment
along the Carrier Canal from Manor Street
to a point two miles east. as set forth on
Alignment C.
Amended motion by DeMond to adopt
Resolution approving Specific Plan
Lines for Alignment C, making findings
that even though the path will be on
the south side of the canal bank,
potential hazards could be mitigated
by fencing, retaining walls or some
engineering design, and make the finding
that they be mitigated.
APPROVED
Brunni asked if there is some way
to include costs of maintenance of
the Kern River Parkway in a
maintenance district or other
mechanism to keep it beautiful
and also include the funding for
police patrols.
Brunni requested staff consider
improving the tunnel at Quailwood
Drive and Truxtun Extension. if
there are program or project savings.
Bakersfield, California, March 24, 1993 - Page 9
9. HEARINGS continued
ACTION TAKEN
DeMond asked the public if they
could assist with a rest stop in the
ARCO area. Paul Langlin, ARCO,
stated they are working on that.
Mayor Price announced a five-minute
recess.
Protest hearing for Stine No. 9
Annexation and inclusion into
Separation of Grade District when
contiguous thereto, located west of
Stine Road between Hosking Avenue and
McKee Road. (Ward 6)
No one spoke at hearing. Hearing closed.
Motion by McDermott to adopt Resolution.
RES 34-93
APPROVED
Resolution confirming a public hearing
was held with respect to and authorizing
the issuance, sale and delivery of not
to exceed $12,000,000 City of Bakersfield
Hospital Revenue Bonds (Bakersfield
Memorial Hospital) and taking certain
other actions in connection with the
foregoing.
No one spoke at hearing. Hearing closed.
Motion by McDermott to adopt Resolution.
RES 35-93
AGR 93-58
AGR 93-59
AGR 93-60
APPROVED
AB BRUNNI
Telstar Engineering, agent for John
Guimarra, Jr., requests to amend the
Circulation Element of the General Plan
(GPA 4-92, segment IV) which would
eliminate the "collector" designation
of Berkshire Road between South H Street
and Wible Road; Berkshire Road would
then be utilized as a local street.
(Ward 7)
Hearing opened.
Bakersfield, California, March 24, 1993 - Page 10
9. HEARINGS continued
ACTION TAKE~
The following individuals spoke in
opposition to staff recommendation:
Carl Moreland, Telstar Engineering;
Wally Crenshaw, Crenshaw Traffic
Engineering; Maurice Etchechury,
Cuesta Engineering, representing John
Antongiovanni; and John Guimarra, Jr.
Hearing closed.
Public Works Director Schulz made a
brief presentation.
Motion by Salvaggio to approve the
Circulation Element Amendment request
and to grant the appeal.
APPROVED
NS KANE
10.
REPORTS
Budget and Finance Committee Report No.
3-93 regarding Defibrillator Pilot
Program.
Motion by McDermott to accept Report
and implement recommendations.
APPROVED
NS SMITH
SALVAGGIO
Motion by Salvaggio to authorize
payment for the loaned units utilizing
$9,980 of the $15,700 already donated;
allow operating and maintenance for the
four units and service to be taken from
the balance of the current donations and
purchase of all remaining units shall be
from community donations at no cost to
the City. The operating and replacement
costs shall be no cost to City but instead
through community donations.
NAT
Legislative and Litigation Report No.
1-93 regarding Retaining Local Control
in Government.
Resolution supporting the
retention of local control in
government.
RES 36-93
Motion by Smith to accept Report and APPROVED
adopt Resolution.
Bakersfield, california, March 24, 1993 - Page 11
10. REPORTS continued
ACTION TAKEN
Legislative and Litigation Report No.
2-93 regarding Council Procedures.
Motion by DeMond to accept Report and
implement recommendations.
APPROVED
Legislative and Litigation Report No.
3-93 regarding Graffiti.
Motion by Edwards to accept Report.
APPROVED
City Manager Oral Report No. 1-93
regarding Budget Update.
City Manager Tandy provided Council
with significant developments
regarding the budget: amount
projected regarding the budget deficit
based on the governor's proposed budget;
Gas Tax Funds; Golden Handshake Program;
temporary employee wages; possible
revenue sources (City-Wide Parks &
Maintenance District and Utility Users
Tax); Layoff Policy; labor agreements.
Community Services Oral Report No. 1-93
regarding Maintenance Districts.
Community Services Manager Andersen
provided Council and staff with a
handout and reported on the proposed
maintenance districts.
11. DEFERRED BUSINESS
Ordinance amending Chapter 15.84 of the
Bakersfield Municipal Code relating to
a Transportation Impact Fee on all new
development. (Wards i - 7)
Motion by McDermott to adopt Ordinance.
ORD 3513
APPROVED
AB SMITH
Ordinance amending Section 2.04.070 of
the Bakersfield Municipal Code relating
to the order of business at City Council
meetings.
ORD 3514
Motion by Edwards to adopt Ordinance. APPROVED
AB SMITH
Bakersfield, California, March 24, 1993 - Page 12
11. DEFERRED BUSINESS continued
ACTION TAKEN
Resolution of Intention 1103 to
establish Maintenance District No.
1, Division 8 (Brimhall & Allen),
preliminarily adopting, confirming
and approving Public Works Director's
Report and setting June i & 9, 1993
for hearing protests to the proposed
district. (Ward 4)
Motion by Brunni to adopt Resolution.
APPROVED
ABS MCDERMOTT
AB SMITH
12. NEW BUSINESS
ACTION TAKEN
Ordinance amending Title 16 of the
Bakersfield Municipal Code relating
to mineral rights and subdivisions.
Correspondence has been received from
Roger Mcintosh, Martin-Mcintosh, dated
March 23, 1993, stating his concerns
regarding this item.
Resolution of Intention 1105 to approve
an amendment to the contract with the
Board of Administration of the Public
Employees' Retirement System (PERS)
providing notification of future annual
costs and designating the eligibility
period. (Golden Handshake)
Assistant City Manager Stinson made a
brief presentation.
Motion by DeMond to adopt Resolution.
FR
APPROVED
NS MCDERMOTT
BRUNNI
AB SMITH
Resolution of Application proposing
proceedings for annexation of territory
to the City of Bakersfield identified
as Annexation No. 374, Hageman No. 1
Annexation, located south of Hageman
Roa4 between Old Farm Road and Jewetta
Avenue. (Ward 4)
RES 37-93
Motion by Brunni to adopt Resolution. APPROVED
AB SMITH
Bakersfield, California, March 24, 1993 - Page 13
12. N~q~ BUSINESS continued
ACTION TAKEN
Resolution authorizing closure of N
Street, between 9th and 10th Streets,
to vehicular traffic during regular
school hours. (Ward 1)
Motion by Edwards to adopt Resolution.
RES 38-93
APPROVED
AB SMITH
Resolution approving the issuance by
the Central District Development Agency
of its Downtown Redevelopment Project,
Refunding Tax Allocation Bonds, issue
of 1993 (not to exceed $10,000,000)
and making certain determinations
relating thereto.
Motion by Edwards to adopt Resolution.
RES 39-93
APPROVED
AB SMITH
fo
Resolution changing salaries of
temporary employees.
Amendment No. 3 to Agreement No.
90-165 with Brown, Waits and Armstrong
Accountancy Corporation for auditing
services.
Motion by McDermott to approve Agreement.
DELETED
AGR 93-62
APPROVED
AB SMITH
Aircraft Hangar Ground Lease Agreement
with Don Paul Martin at the Bakersfield
Municipal Airport. (Ward 1)
Motion by Edwards to approve Agreement.
AGR 93-63
APPROVED
AB SMITH
Personnel Committee Report No. 1-93
regarding Health Care Consultant.
Amendment to Consultant's
Agreement No. 92-191 with Godwins
Inc. (formerly Miller Mason and
Dickenson) to provide health care
consultant services.
Assistant City Manager Stinson made a
presentation.
AGR 93-64
Motion by DeMond to accept Report and APPROVED
approve Agreement. AB SMITH
Bakersfield, California, March 24, 1993 - Page 14 JTi)
12. NEW BUSINESS continued
ACTION TAKEN
Agreement with William Avery &
Associates, Inc., for recommendation
of consultant services for employer-
employee relations.
Motion by McDermott to approve Agreement.
AGR 93-65
APPROVED
AB SMITH
Draft letter to Kern County Board of
Supervisors regarding gate fees.
Joel Heinrichs, Kern County Resource
Management Director, made a presentation.
Motion by McDermott to refer to Budget &
Finance Committee.
APPROVED
NS BRUNNI
AB SMITH
13.
COUNCILSTATEMENTS
Edwards referred to staff for response
correspondence from Dan McCorquodale.
Brunni stated her disappointment of the
responses of state legislators to the
League of California City function in
Visalia.
McDermott stated this was the first time
in the five years that he has been on the
Council that any state legislators have
talked with Council.
14. ADJOURNMENT
Motion by McDermott at 11:05 p.m. APPROVED
AB SMITH
MAYOR of the'City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
mss
4/16/93 11:36am