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HomeMy WebLinkAbout06/23/1993 MINUTES CC 272 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 23, 1993 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, DeMond, Smith, Brunni, Kane (seated at 5:30), Salvaggio Councilmember Edwards BUDGET. City Manager Tandy provided an overview of changes in the budget as a result of State Legislative action: State capture in the short term of our property taxes will be 1.7 million dollars for this year. There will be a one time, non-recurring revenue from the Transportation Planning & Development of about $537,000. There may be some back fill from a temporary sales tax extension on the cent. 1/2 There are about 18 trailer bills, most of which have not been written, which could impact us. McDermott requested a record of each Council- member's expenses be maintained. Motion by McDermott to recess to Closed APPROVED Session at 5:45 p.mo AB EDWARDS 273 Bakersfield, California, June 23, 1993 - Page 2 CLOSED SESSION ACTION TAKEN Closed Session pursuant to Government Code Section 54956.9(e) regarding potential litigation. (Prado) Closed Session pursuant to Government Code Section 54956.9(&) regarding litigation in the case of Mahr, et al. rs. City of Bakersfield, et al. (Kern County Superior Court Case No. 220744) Motion by DeMond to adjourn Closed Session at 6:55 p.m. CITY A~IDRNAS' WAS AD~fHORIZRD TO MAKE A SETTLEMENT NAT APPROVED AB EDWARDS REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Michael Castle, Chaplain, First Assembly of God Church. 2. PLEDGE OF .al I ;=GLANCE 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, DeMond, Smith, Brunni, Kane, Salvaggio Councilmember Edwards CLOSED SESSION ACTION Mayor Price announced the Closed Session action as reflected on Page 2. PRESENTATIONS Mayor Price presented a plaque to Daniel J. Kane, Interim Council- member, Ward 5. City Manager Tandy re-introduced Henry Ross III, Assistant City Manager, and welcomed him to the City of Bakersfield. 274 Bakersfield, California, June 23, 1993 - Page 3 6. PUBUC STATEMENTS ACTION TAKEN Robert Scales spoke regarding Municipal Code Title 5 regarding business licenses. Smith referred this to City Manager to speak with Mr. Scales to address his issues and, if necessary, be referred to the Budget and Finance Committee. David Janes spoke in opposition to the Rosedale No. 5 Annexation. Laura Bazeley asked that Gibson Environ- mental be considered for the Inert Recycling Program. (8.c.3.) Brunni requested Ms. Bazeley be invited to the Urban Development Committee meeting regarding this item. Cindy Shelley requested a subsidy for Parks Maintenance Districts. APPOINTMENTS One (1) appointment to the Central District Development Agency due to the resignation of Linda Kober, term to expire April 22, 1996. NAT 8 o CONSENTCALENDAR Approval of Voucher Nos. 10231 to 10559 inclusive, in the amount of $1,118,348.12 and Self Insurance Voucher Nos. 2831 to 2945 inclusive, in the amount of $41,715.97. Minutes of the Workshop, Closed Session and Regular Meeting of May 26, 1993; Budget Hearings of June 1, 1993; Workshop, Closed Session and Regular Meeting of June 9, 1993; Special Meeting of June 14, 1993; and Special Meeting of June 16, 1993. 273 Bakersfield, California, June 23, 1993 - Page 4 8. CONSENTCALENDAR continued ACTION TAKEN Communication from: Kathy H. Clark, Golden Empire Transit District, dated May 31, 1993, submitting G.E.T.'s 1993-94 proposed budget. (Receive and place on file) Anthony Eterno, dated June 14, 1993, submitting his resignation from the Citizens' Parks and Recreation Committee, effective immediately. (Receive and place on file) Mike Sides, City of Bakersfield Sanitation Department Superintendent, dated June 16, 1993, requesting the city enter into an agreement with Granite Construction for an Inert Recycling Program. (Receive and refer to Urban Development Committee) Ronald F. Ruettgers, Greater Bakersfield Separation of Grade District, dated June 14, 1993, regarding future grade separation programs in urban Bakersfield. (Receive and refer to Urban Development Committee) Quitclaim Deed to Dennis W. DeWalt, Inc. releasing portions of property granted for a drainage retention basin located at the west end of Mohican Street, north of Hageman Road, east of Jewetta Avenue. (Ward 4) DEED 3732 Bakersfield, California, June 23, 1993 - Page 5 27 ; 8. CONSENTCALENDAR continued ACTION TAKE:N Improvement Agreements: DeWalt Corporation for completion of a wall along the north side of Noriega Road, Tract 5416, Phase 4, 500 feet easterly of Jewetta Avenue. (Ward 4) Centex Real Estate Corporation for completion of a wall along the west side of Calloway Drive, Tract 5372, Unit 1, 990 feet southerly of Olive Drive. (Ward 4) Castle & Cooke Development Corporation for construction of a wall along the south side of Brim- hall Road, Tract 5544, 750 feet east of Jewetta Avenue. (Ward 4) Improvement Agreement with Marion C. Barnard & Cleo P. Barnard and Lawton Powers & Aloma Powers for Parcel Map No. 9723, located at the southeast corner of California Avenue and Oak Street, completed June 11, 1993. (Ward 2) Notices of Completion and acceptance of work for: Contract No. 92-52 with Castle & Cooke Development Corporation for Tract No. 5581, located on the northwest corner of Gosford Road and North Laurelglen Boulevard, completed June 10, 1993. Contract No. 93-45 with Brimhall Partners for Tract 5245, Phase 2, located south of Brimhall Road on Harvest Creek Drive, completed June 10, 1993o Marion C. Barnard & Cleo P. Barnard and Lawton Powers & Aloma Powers for Parcel Map No. 9723, located at the southeast corner of California Avenue and Oak Street, completed June 11, 1993. (Ward 2) AGR 93-116 AGR 93-117 AGR 93-118 DELETED DELETED ,271' Bakersfield, California, June 23, 1993 - Page 6 8. CONSENTCALENDAR continued ACTION TAKEN Plans and Specifications for the removal of median pavement on Union Avenue from Brundage Lane to California Avenue. (Ward 1) Requests for Extension of Time from: Castle & Cooke Development Corporation for completion of Improvement Agreement No. 90-189 for Parcel Map No. 9077, located adjacent to the north side of District Boulevard between Ride Street and the Arvin-Edison Canal, to August 30, 1994. (Ward 4) Mercy Hospital for completion of Improvement Agreement No. 91-267, Parcel Map No. 9329, located adjacent to the south side of Stockdale Highway and east of Old River Road (Mercy Southwest Hospital), to April 30, 1994. (Ward 4) Resolution restricting parking along San Dimas Street adjacent to Bakers- field Memorial Hospital. Resolution specifying that Renfro No. 3 Annexation shall, upon annexation, be included within the Greater Bakersfield Separation of Grade District, and setting July 28, 1993 as date of hearing. (Ward 4) Resolution authorizing collection of Assessments for District No. 91-1 (Hosking Road Trunk Sewer) by the Kern County Tax Collector. Resolution providing for the collection of sewer charges by the County Tax Collector. (Wards 1 7) Resolution authorizing collection of assessment by the Kern County Tax Collector for demolition and/or removal of dangerous buildings and/or structures. REMOVED FOR SEPARATE OONSIDERATION REMOVED FOR SEPARATE CONSIDERATION RES 98-93 RES 99-93 RES 100-93 RES 101-93 Ba~er8field~ Californiat ~une 23, 1993 - Pa~e 7 8. CONS~CAL~NDA~ continued ACTION TAKEiN ro Resolution authorizing collection of assessment by the Kern County Tax Collection for abatement of public nuisances. Resolution declaring the results of the Special Municipal Election for the election of a Councilmember to the City Council in the Fifth Ward, held in the City of Bakersfield on the 8th day of June, 1993. Amendment No. 2 to Agreement No. 91-113 with Bakersfield Society for the Prevention of Cruelty to Animals (SPCA) regarding funding of City animal control services. Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District for the engineering, financing and construction of the Coffee Road and Atchison, Topeka and Santa Fe Railroad Separation of Grade Project. (Ward 4) Agreement with State of California Department of Transportation for construction of a grade separation on Coffee Road at Atchison, Topeka & Santa Fe (A.T.& S.F.) Railway Company track. (Ward 4) Agreement with Kern County Local Agency Formation Commission (LAFCO) to indemnify LAFCO for Bakersfield Annexation No. 373, Coffee Road No. 1, Proceeding No. 1134, located north of Rosedale Highway, east of the centerline of Coffee Road. (Ward 4) Reject all bids for traffic signal installation on South H Street at Panama Lane. (Ward 7) Reject all bids for traffic signal installation on Old River Road at White Lane and signal modification on California Avenue at New Stine Road/ Stockdale Highway. Wards 4 & 5) RES 102-93 RES 103-93 AGR 93-119 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 93-120 Bakersfield, California, June 23, 1993 - Page 8 8. CONSENTCALENDAR continued ACTION TAKEN Wo aa. bb. cc. Accept bid to award contract to McKee Electric Company ($95,011.20) for traffic signal installation on Stockdale Highway at Don HarT Drive (east), main entrance to California State University Bakersfield. (Ward 4) Accept bids from Datarray-Computerland (11 items, $13,877.83); Carney's Office Equipment (12 items, $9,572.06); Inacomp Computer (8 items, $$3,365.51); Integrated Network Services (1 item, $1,984.13); and Computers and Concepts (2 items, $879.45) for computer equipment for Police, Data Processing and Mayor. Accept bid to award contract to Kern County Construction Company ($32,127) for construction of a concrete block pumphouse for Ashe Water Well No. 31, located on the south side of Rosedale Highway near Patton Way. (Pending Rosedale No. 5 Annexation) Accept bid to award contract to S.A. Camp Pump Company ($23,999) for furnishing and installing a deepwell turbine pump and motor for Ashe Water Well No. 31, located on the south side of Rosedale Highway near Patton Way. (Pending Rosedale No. 5 Annexation) Accept bid to award contract to Valley Detroit Diesel ($31,426.49) for furnishing a standby electric generating system for Ashe Water Well No. 31, located on the south side of Rosedale Highway near Patton Way. (Pending Rosedale No. 5 Annexation) Accept bid to award annual contract to Coast Gas ($22,490.33) for propane for use in City equipment. Accept bid to award annual contract to Jim Alfter Cement Contractor ($144,726.80) for curbs, gutters and sidewalks within the City. Amendment to Contract No. 91-163 with J.T. Decker Professional Group for Employee Assistance Program. CON 93-121 CON 93-122 CON 93-123 DELETED CON 93-124 CON 93-125 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, June 23, 1993 - Page 9 8. CONSENTCALENDAR continued ACTION TAKEN Brunni absent on Items h.2., i. and cc. due to possible conflict of interest. Motion by McDermott to adopt Items (a) through (bb) of the Consent Calendar with the exception of Items e.4., f.3, and z, which have been deleted; and Items h.2., i., cc., q. and r. APPROVED AB EDWARDS h. Request for Extension of Time from: Mercy Hospital for completion of Improvement A~reement No. 91-267, Parcel Map No. 9329, located adjacent to the south side of Stockdale Highway and east of Old River Road (Mercy Southwest Hospital), to April 30, 1994. (Ward 4) Resolution restricting parking along San Dimas Street adjacent to Bakers- field Memorial Hospital. cc. Amendment to Contract No. 91-163 with J.T. Decker Professional Group for Employee Assistance Program. Motion by McDermott to adopt Items h.2., 8.i. and cc. of the Consent Calendar. RES 104-93 CON 93-126 APPROVED AB EDWARDS BRUNNI Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District for the engineering, financing and construction of the Coffee Road and Atchison, Topeka and Santa Fe Railroad Separation of Grade Project. (Ward 4) Agreement with State of California Department of Transportation ~or construction of a grade separation on Coffee Road at Atchison, Topeka & Santa Fe (A.T.& S.F.) Railway Company track. (Ward 4) AGR 93-127 AGR 93-128 Motion by Brunni to adopt Items q. and r. of APPROVED the Consent Calendar. AB EDWARDS Bakersfield, California, June 23, 1993 - Page 10 9. HEARINGS ACTION TAKE}! Hearing to receive public comment and consider a Resolution adopting the 1993-94 Transportation Impact Fee Schedule. (Wards I 7) No one spoke at hearing. Hearing closed. Motion by McDermott to adopt Resolution. RES 105-93 APPROVED AB EDWARDS Hearing to receive public comment and consider a Resolution adopting the 1993-2012 Regional Transportation Capital Improvement Plan. (Wards i - ?) No one spoke at hearing. Hearing closed. Motion by McDermott to adopt Resolution and refer to Urban Development Committee the issue of the South Beltway. RES 106-93 APPROVED AB EDWARDS Appeal hearing on Zone Change 5432 by Schools Legal Service of Planning commission decision for lack of school mitigation. (Ward 4). Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-19 and 123-20 by changing the zoning on a site located north of Panama Lane, west of Progress Road, south of Pacheco Road, and east of Buena Vista Road from A-20A to R-l, R-1CH and C-2~ Zones. (Ward 4) Correspondence has been received from Kern High School District and Panama- Buena Vista Union School District with- drawing the appeal. City Clerk Williams announced the Ordinance will be placed on the July 7, 1993 Agenda for first reading. WITHDRAWN Bakersfield, California, June 23, 1993 - Page 11 9. HEARINGS continued ACTION TAKEN Protest hearing for Coffee Road No. 1, Annexation No. 373, Proceeding No. 1134, and inclusion into the Greater Bakers- field Separation of Grade District. (Ward 4) No one spoke at hearing. Hearing closed. Motion by Brunni to adopt Resolution ordering the territory annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District. RES 107-93 APPROVED ABEDWARDS Protest hearing to consider an Ordinance amending Subsection A of Section 3.40.020 of the Bakersfield Municipal Code relat- ing to the Transient Lodging Tax. (First Reading June 16, 1993) NO one spoke at hearing. Hearing closed. Motion by McDermott to adopt Ordinance. ORD 3544 APPROVED ABEDWARDS Hearing to consider a Resolution finding that certain weeds, debris and discarded articles on the properties listed below constitutes a public nuisance and direct- ing the Chief of the Fire Department to abate such nuisance. Properties located at: Ward 1: Between 118 & 122 Hayes; 1420 Gorrill; 1521 E1 Toro; 115 Hayes. Ward 2: 1200, 1206, 1216 M Street; 717 Sumner. No one spoke at hearing. Hearing closed. Motion by DeMond to adopt Resolution confirming the Report of the Fire Chief. RES 108-93 APPROVED ABEDWARDS 10. REPORTS Bakersfield, California, June 23, 1993 - Page 12 11. DEFERRED BUSINESS ACTION TAKEN Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map NO. 123-11 by changing the zoning of 6.5 acres located on the northwest corner of Wilson Road and South Real Road from a P.C.D. Zone consisting of a 61,000 square foot neighborhood shopping center, to a P.C.D. Zone consisting of a 65,000 square foot supermarket. (Ward 6) (First Reading June 9, 1993} Motion by McDermott to adopt Ordinance. ORD 3545 APPROVED ASS BRUNNI AB EDWARDS Ordinance amending Section 3.70.040 of the Bakersfield Municipal Code revising the percentage of cost recovery for service centers within the Revenue/Cost Comparison system. (First Reading June 9, 1993) Motion by Brunni to adopt Ordinance. ORD 3546 APPROVED ABEDWARDS Ordinance amending Section 14(a) of Ordinance No. 1552 relating to Cable Television Franchise as amended by Ordinance No. 2939 September 12, 1984. (Cox Cable - Bakersfield, a subsidiary of Cox Communications, Inc.) (First Reading June 9, 1993) Amendment to City Cable Television Franchise Agreement with Cox Cable - Bakersfield, a subsidiary of Cox Communications, Inc. ORD 3547 AGR 93-129 Motion by DeMond to adopt Ordinance APPROVED and Agreement. AB EDWARDS Bakersfield, California, June 23, 1993 - Page 13 11. DE~RED BUSINESS continued ACTION TAKEN Ordinance amending Section 14(a) of Ordinance No. 2518 relating to Cable Television Franchise. (Time Warner Entertainment L.P.) (First Reading June 9, 1993) Amendment to City Cable Television Franchise Agreement with Time Warner Entertainment L.P. Motion by Kane to adopt Ordinance and Agreement. ORD 3548 AGR 93-130 APPROVED AB EDWARDS Resolution regarding a request by the Local Agency Formation Commission (LAFCO) to take legislative action on the proposed Annexation No. 8 to County Service Area No. 17 located east of Morning Drive, north of Edison Highway. (Deferred from June 9, 1993) Motion by Smith to not adopt Resolution and send a letter of opposition to LAFCO. APPROVED AB EDWARDS Agreement with Tiburon Inc. for soft- ware maintenance on the Computer Aided Dispatch (CAD) System from July 1, 1993 through June 30, 1994. Motion by Kane to approve Agreement. AGR 93-131 APPROVED NS BRUNNI AB EDWARDS 287, Bakersfield, California, June 23, 1993 - Page 14 12. NEW BUSINESS ACTION TAKEN Approval and adoption of Fiscal Year 1993-94 Budget: Resolution establishing the City of Bakersfield appropriation limit for Fiscal Year 1993-94. Motion by McDermott to strike the language "we are going to transfer an imaginary borrowing difference" from the adopted in-lieu tax ordinance. McDermott suggested the Council reiterate that "step increases are merit increases", therefore, not all employees will be eligible; reduce the $351,000 to $250,000 and add one additional police officer Qver what is proposed in the budget. City Manager to report back to Council with a report of how many people are eligible for step increases and how many actually got them. Motion by McDermott to adopt Resolution. RES 109-93 NAT APPROVED AB EDWARDS Resolution approving and adopting the Operating and Capltal Improve- ments Budget for the City of Bakers- field, California, for Fiscal Year 1993-94. Motion by McDermott to adopt Resolution with amendments: a) Delete the sentence from the Ordinance on in-lieu taxes that allows the collection of the imaginary borrowing difference; and b) Reduce the amount available for step increases to $250,000 and reiterate that these are merit increases and increase the police appropriation for one additional police officer. RES 110-93 NAT Bakersfield, California, June 23, 1993 - Page 15 12. NEW BUSINESS continued ACTION TAKEN Tandy stated McDermott's first suggested change impacts $42,420 of the in-lieu fee, coming from Domestic Water, assuming the Agricultural Water Fund is not con- troversial. If the Agricultural Water Fund is included, it would add $169,680 to the total, for a grand total of $212,100. Motion by Salvaggio to not include McDermott's second proposal to reduce step increases. NAT Motion by Brunni to direct staff to pursue, in earnest, formation of a City-Wide Maintenance District for parks and consider either a protest hearing or a March 1994 ballot and bring back to Council by the second Council meeting in July for an appropriate recommendation. NAT Motion by McDermott to delete the sentence from the Ordinance on in-lieu taxes that allows the collection of the imaginary borrowing difference, impact- ing domestic water only, reducing the the transfer by $42,420 by changing the ordinance to include the words "for Ag Water". APPROVED AB EDWARDS Motion by McDermott to reiterate step increases are merit increases and have to be earned; and reduce the amount allocated from 100%. $351.000. down to $250.00; and direct City Manager to keep the Council informed through periodic report; and to add a police- man with the savings. FAILED NS DEMOND SMITH KANE SALVAGGIO AB EDWARDS Motion by Brunni to direct staff to pursue formation of a City-Wide Maintenance District for parks and consider either a protest hearing or a March 1994 ballot and bring back to Council by the second meeting in July for an appropriate recommendation APPROVED ABS DEMOND AB EDWARDS ',28; Bakersfield, California, June 23, 1993 - Page 16 12. NEW BUSINESS continued ACTION TAKEN Motion by McDermott to adopt Resolution approving and adopting the Operating and Capital Improvement's Budget as amended by City Manager and by the amendment adopted by Council. APPROVED AB EUWARDS Resolution approving and adopting the Operating and Capital Improve- ments Budgets for the Central District Development Agency for Fiscal Year 1993-94. Motion by McDermott to adopt Resolution. RES 111-93 APPROVED AB EDWARDS Resolution approving and adopting the Operating and Capital Improve- ments Budgets for the use of Community Development Block Grant (CDBG) Funds for Fiscal Year 1993-94. Motion by McDermott to adopt Resolution. RES 112-93 APPROVED AB EDWARDS Resolution of Application proposing proceeding for annexation of territory to the City of Bakersfield identified as Annexation No. 377, Rosedale No. 5 Annexation, located between Rosedale Highway, Kern River, Gibson Street and Frlant-Kern Canal. (Ward 4 or 5) Planning Director Hardisty was directed to meet with individual property owners to identify their specific concerns and respond back to Council by memo. RES 113-93 Motion by Brunni to adopt Resolution APPROVED of Application. AB EDWARDS Bakersfield, California, June 23, 1993 - Page 17 ~ 12. NEWBUSINESS continued ACTION TAKEN Resolution of Application proposing proceedings for annexation of terri- tory to the City of Bakersfield identified as Annexation No. 3?8, Union No. 10 Annexation, located south of California Avenue to Belle Terrace, generally along Union Avenue. (Ward 1) Motion by DeMond to adopt Resolution of Application. RES 114-93 APPROVED AB EDWARDS Resolution of Intention No. 1108 declaring the City's intention to establish Maintenance District No. 1, Division ?; confirming and approving Public Works Director's Report; setting the boundaries thereof; the fairness of the benefit formula; the amount of assessment levied against each parcel and setting August 25, 1993 and September 8, 1993 for hearing protests. (California Avenue) (Ward 5) Motion by Kane to adopt Resolution of Intention. APPROVED ABEDWARDS eo Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. McDermott requested staff keep the Council informed on fees charged in areas North of the River that are in the City of Bakersfield and move forward in working out a uniform system of parks development in a coordinated effort with the County. RES 115-93 Brunni requested from Planning Department copies of correspondence regarding North of the River. Motion by Brunni to adopt Resolution. APPROVED ABEDWARDS 283 Bakersfield, California, June 23, 1993 - Page 18 12. NEWBUSINESS continued ACTION TAKEN Resolution adopting fees and service charges pursuant to the Revenue/Cost Comparison System under Chapter 3.70 of the Bakersfield Municipal Code. Motion by McDermott to adopt Resolution. RES 116-93 APPROVED ABEDWARDS Resolution providing for the collection of refuse charges by the Kern County Tax Collector. Motion by DeMond to adopt Resolution. RES 117-93 APPROVED AB EDWARDS 13. COUNCIL STATEMENTS Motion by DeMond to refer to Legislative and Litigation Committee the issue of reviewing existing cable regulations for policy decisions for staff direction. APPROVED AB EDWARDS McDermott expressed disappointment in the action taken by KernCog last week regarding the beltway and stressed keeping this project going and protecting the right- of-ways. Brunni referred to City Manager the issue of reporting to Council on a quarterly basis with the number of eligible employees for step increases and the number that are granted. Brunni announced a public meeting has been scheduled for July 1, 1993, 2:00 p.m. at Discovery School to discuss the Hageman Road Bridge. Brunni referred to the Police Department an accident and that the party at fault was allowed to drive away on a suspended license. Motion by Brunni to refer to Urban Develop- ment Committee the Calloway Road median, with a report back to Council in 30 days. APPROVED AB EDWARDS Bakersfield, California, June 23, 1993 - Page 19 14. ADJOURNMENT ACTION TAKEN Motion by Brunni at 8:55 p.m. APPROVED AB EDWARDS MAYOR of the City of ~akersfield, CA ATTEST: CITY CLERK and Ex Officlo Clerk of the Council of the City of Bakersfield, CA nss JUNE23.MIN 7/ 8/93 8:54am