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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