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HomeMy WebLinkAbout12/14/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 14, 1994 CLOSED SESSION - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Smith, Rowles (seated at 5:30), Salvaggio Councilmember McDermott Motion by DeMond to adjourn to Closed Session at 5:20 p.m. APPROVED AB MCDERMO'15~? ROWLES 2. Closed Session pursuant to Government Code SETTLEMENT Section 54956.9(a) regarding litigation in the case of Louise closs rs. City of Bakers- field, United States District Court Case NO. CV-F-94-5069-REC DLB. 3. Closed Session pursuant to Government Code SETTLEMENT Section 54956.9(a) regarding litigation in the case of Pinhelro rs. City of Bakers- field, Kern County Superior Court Case No. 225726 AEW. Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of Laverty rs. city of Bakersfield, Kern County Superior Court Case No. 224913- SPG. Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of A1onso rs. City of Bakersfield, Kern County Superior Court Case No. 223036- AEW. Conference with Legal Counsel (Potential Litigation) for initiation of litlgatlon pursuant to Government Code Section 54956.9(c). (1 potential case) SETTLEMENT SETTLEMENT COUNCIL WAS BRIEFED Bakersfield, California, December 14, 1994 - Page 2 CLOSED SESSION continued ACTION TAKEN Conference with Real Property Manager pursuant to Government Code Section 54956.8 concerning property located at 1420 N Street, Bakersfield, California. Negotiating parties: Don Anderson, Real Property Manager for the City of Bakers- field and Mr. and Mrs. Ray Triche11. Under negotiation: Price and terms of payment. Motion by DeMond to adjourn from Closed Session at 6:05 p.m. PURCHASE OF PROPERTY AUTHORIZED APPROVED AB MCDERMOTT REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Ed Meissner, Chaplain, First Assembly of God Church. 2. PLEDGEOFAIII=GIANCE Christie Feliz, Scout Troop 177. 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Smith, Rowles, Salvaggio Councilmember McDermott 4 o CLOSED SESSION ACTION Mayor Price announced Closed Session action as reflected on Page 1. PRESENTATIONS Mayor Price presented a retirement plaque to Equipment Division Super- visor II Raymond M. Michel for over 34.5 years of service to the City of Bakersfield. Mayor Price formally introduced Irma Carson, newly-elected Councilmember to Ward 1. Mayor Price presented the Golden Brush Award to Sandra Simpson from The Church of Jesus Christ of Latter Day Saints, Bakersfield South Stake, for volunteer graffiti eradication efforts. Bakersfield, California, December 14, 1994 - Page 3 6. PUBUC STATEMENTS ACTION TAKE~[ Dennis Fox spoke regarding Tumble- weed Incursion and submitted written material. Craig Carver spoke regarding an Agree- ment with Ron Ruettgers. (Item 8.z.) Conni Brunni spoke regarding Health Care Benefits. (Item 8.dd.) 7. APPOINTMENTS Reorganization of City Council for election of Vice Mayor and appoint- ments to Council Committees. Motion by Carson to appoint Patricia DeMond as Vice Mayor. APPROVED ABS ROWLES AB MCDERMOTT Mayor Price announced a recess at 7:15 p.m. and reconvened the meeting at 7:25 p.m. Vice Mayor DeMond made the following recom- mendations to committees/boards/commissions: Community Services Chairperson Councilmember Councilmember Irma Carson (Ward 6) Mark Salvaggio Budget & Finance Chairperson Councilmember Councilmember Patricia DeMond Irma Carson Kevin McDermott Interqovernmental Relations Chairperson Councilmember Councilmember Patricia Smith Patricia DeMond Kevin McDermott Leqislative & Litiqation Chairperson Councilmember Councilmember Randy Rowles Irma Carson (Ward 6) Bakersfield, California, December 14, APPOINTMENTS continued 1994 - Page 4 ACTION TAKEN Personnel Chairperson Councilmember Councilmember (Ward 6) Patricia DeMond Mark Salvaggio Urban Development Chairperson Councilmember Councilmember Kevin McDermott Patricia Smith Randy Rowles Water Resources Chairperson Councilmember Councilmember Mark Salvaggio Patricia Smith Randy Rowles Mayor Price announced a 5-minute recess at 7:30 p.m. and reconvened the meeting at 7:35 p.m. Economic DeveloDment Ad Hoc Committee Mayor Price Kevin McDermott Patricia DeMond Consolidated Transportation Services Assn Deferred Water Board Chairperson Mark Salvaggio Councilmember Patricia Smith Councilmember Randy Rowles Kern Council of Governments Representative Mark Salvaggio Alternate Kevin McDermott Solid Waste Manaqement Committee Member Alternate Planninq Commission Liaison Patricia DeMond Randy Rowles Patricia Smith Bakersfield, California, December 14, 1994 - Page 5 7. APPOINTMEN]'S continued ACTION TAKE}! Motion by DeMond appoint the recommended Councilmembers to the committees/boards/ commissions, deferring appointments to Consolidated Transportation Services Association. APPROVED ABMCDERMOI~' be One (1) appointment to the Historic Preservation Commission due to the resignation of Darlena Akers (Ward 2), term expiring March 30, 1997. (Deferred from November 2, 1994) Motion by DeMond to appoint Jeffrey S. Hall, term to expire March 30, 1997. APPROVED AB MCDERMOTT One (1) appointment to the Police Department civil Service Board due to the expiration of term of Bradley T. Ritter, term expiring December 31, 1994. Correspondence has been received from Kenneth Witte, dated December 14, 1994, withdrawing his application for appoint- ment. First Ballot Votes ranked by preference: Ward 1 - Anderson, Ritter Ward 2 - Anderson, Ritter, Cadena Ward 3 - Ritter Ward 4 - Absent Ward 5 - Anderson, Ritter Ward 6 - Vacant position Ward 7 - Anderson, Ritter, Cadena Assistant City Clerk McCarthy announced the individuals receiving the highest number of votes were Steven C. Anderson and Bradley T. Ritter. Second Ballot Votes: Ward 1 - Ritter Ward 2 - Anderson Ward 3 - Ritter Ward 4 - Absent Ward 5 - Anderson Ward 6 - Vacant position Ward 7 - Anderson Bakersfield, California, December 14, 1994 - Page 6 ~3~ 7. A~POIMTM~3~TS continued ACTION TAKEN Assistant City Clerk McCarthy announced the individual receiving the highest number of votes was Steven C. Anderson. Motion by DeMond to appoint Steven C. Anderson, term to expire December 31, 1997. APPROVED ABMCDERMOTT One (1) appointment to the Fire Depart- ment civil Service Board due to the expiration of term of Craig A. Carver, term expiring December 31, 1994. Correspondence was received from Henry Pacheco, dated December 14, 1994, in opposition to the reappointment of Craig Carver. Motion by Salvaggio to reappoint Craig Carver, term to expire December 31, 1997. APPROVED AB MCDERMOTT One (1) appointment to the Miscellan- eous Departments Civil Service Board due to the expiration of term of Daniel L. Williams, term expiring December 31, 1994. First Ballot Votes ranked by preference: Ward 1 - Williams Ward 2 - Williams, Jones, Cadena Ward 3 - Williams Ward 4 - Absent Ward 5 - Williams Ward 6 - Vacant position Ward 7 - Williams, Jones, Cadena Assistant City Clerk McCarthy announced the individuals receiving the highest number of votes were Daniel L. Williams and Stanley E. Jones. Second Ballot Votes: Ward 1 - Williams Ward 2 - Williams Ward 3 - Williams Ward 4 - Absent Ward 5 - Williams Ward 6 - Vacant position Ward 7 - Williams Bakersfield, California, December 14, 1994 - Page 7 7. APPOINTMENTS continued ACTION TAKEN Assistant City Clerk McCarthy announced the individual receiving the highest number of votes was Daniel L. Williams. Motion by DeMond to reappoint Daniel L. Williams, term to expire December 31, 1997. APPROVED AB MCDERMOTT fe Three (3) appointments to the Public Facilities Corporation due to the expiration of terms of Dale Hawley, Bob Clerico and Michael J. Granlee, terms expiring December 19, 1994. First Ballot Votes ranked by preference: Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 - Cadena, Granlee, Hawley - Hawley, Granlee, Cadena Cadena, Granlee, Hawley - Absent - Granlee, Hawley, Cadena - Vacant position - Hawley, Granlee, Cadena Assistant City Clerk McCarthy announced the three individuals receiving the highest number of votes were Mike J. Granlee, James D. Hawley and Andy Cadena. Motion by DeMond to reappoint Mike J. Granlee and James D. Hawley; and appoint Andy Cadena, terms to expire December 19, 1996. APPROVED AB MCDERMOTT Eight (8) appointments to the Community Advisory Council due to the expiration of terms of Martin Castro, Tony Ortega, Karen Shah, John Spencer, Lynn Edwards, Patricia J. DeMond, David Lyman and John F. Wager, Jr., terms expiring December 31, 1994. Motion by Salvaggio to appoint Irma Carson, and reappoint Patricia DeMond David Lyman, John F. Wager, Jr., Andy Cadena, Martin V. Castro, Karen Shah and John Spencer. NAT Bakersfield, California, December 14, 1994 - Page 7. APPOINTMENTS continued ACTION TAKEN Amended motion by Salvaggio to appoint Irma Carson, reappoint Patricia DeMond, David Lyman, John F. Wager, Jr., Karen Shah, John Spencer and Martin V. Castro; and readvertise for the vacant position. APPROVED AB MCDERMO~5? One (1) appointment to the Golden Empire Transit District due to the expiration of term of William J. Mattox, term expiring January 6, 1995. First Ballot Votes ranked by preference: Ward 1 - Mattox Ward 2 - Mattox, Mayborn, Ornelas Ward 3 - Mattox Ward 4 - Absent Ward 5 - Mattox Ward 6 - Vacant position Ward 7 - Mattox, Ornelas, Mayborn Assistant City Clerk McCarthy announced the individual receiving the highest number of votes was William J. Mattox. Motion by DeMond to reappoint William J. Mattox, term to expire January 6, 1999. APPROVED ABMCDERMOTT CONSENTCALENDAR Mayor Price announced the procedure for Councilmembers declaring a conflict of interest on Consent Calendar. The item will not be pulled. Councilmembers will announce their abstentions which will be recorded by the City Clerk. Voucher Nos. 3607 to 4558 (excluding Voucher No. 4353) inclusive, in the amount of $4,008,644.58 and Self Insurance Voucher Nos. 890 to 1115 inclusive, in the amount of $150,335.96. Minutes of the Workshop, Closed Session and Regular Meeting of November 16, 1994. Bakersfield, California, December 14, 1994 - Page 9 8. CONSENTCALENDAR continued ACTION TAKEN_ Correspondence has been received from Robert D. Patterson, President, Pine- wood Lake Homeowners Association, dated October 28, 1994, submitting a petition requesting Council declare Pinewood Lake Drive a roadway subject to Calif- ornia Vehicle Code enforcement. (Receive and refer to City Attorney) Declare real property, located at the northeast corner of 15th and G Streets, as surplus. (Ward 2) Easement to Pacific Gas & Electric Company for underground electric line facilities at the City Water Resources property on Buena Vista Road. (Ward 4) Covenant on the Bakersfield Homeless Center, located at 1600 E. Truxtun Avenue, to ensure that the real prop- erty will be used only as a homeless shelter. (Ward 2) Notices of Completion and acceptance of work: Contract No. 86-4 with Mosesian Development Corporation for con- struction of Parcel Map No. 7661, completed November 30, 1994. Contract No. 93-162 with Delfino Brothers for Tract No. 5528, Phase I, landscaping, located on the southeast corner of Panama Lane and Akers Road, completed November 7, 1994. Contract No. 93-251 with The DeWalt Group Inc. for Tract No. 5675, Phase II, landscaping, located on the southwest corner of Meacham Road and Main Plaza Drive, com- pleted November 14, 1994. DEED 4104 CARSON ANNOUNCED ABSTENTION FOR CONFLICT Bakersfield, California, December 14, 1994 - Page 10 8. CONSENTCALENDAR continued ACTION TAKEN Contract No. 94-73 with Kaufman and Broad of Southern California, Inc., for Tract No. 5702, located on the south side of Harris Road, west of Stine Road, completed November 30, 1994. Contract No. 94-122 with Kern Sprinkler Landscaping, Inc. for construction of Kern River Park- way Group Picnic Area Landscape Irrigation System, completed December 8, 1994. Plans and Specifications for: Traffic signal and lighting modification on Chester Avenue at 4th Street. (Ward 1) Traffic signal on Ashe Road at District Boulevard. (Wards 4 & 6) Rehabilitation of 6-inch and 8-inch sewer lines in various easements and alleys in the West- chester area; and a 10-inch sewer line in Stockdale Highway· (Wards 2 & 5) Removal and installation of under- ground storage tanks at the Police Department and Corporation Yard. (Wards 1 & 5) Construction of Truxtun Lake- Carrier Canal Pipeline. (Ward 4) Construction of Calloway Drive and Bridges over Kern River and Cross Valley Canal from Stockdale Highway to 700 feet north of Brimhall Road. (Ward 4) Contract Change Order No. 1 to Contract No. 93-153 with Indiana Lumbermens Insurance Co., resulting in a savings of $973.30, for construction of Ashe Water Well No. L-204. (Ward 4) Bakersfield, California, December 14, 1994 - Page 11 8. CONSENT CA! I=NDAR continued ACTION TAKEN Resolution of Intention No. 1129 to establish Maintenance District No. 2-24 (Interim), Gosford and District, prelim- inarily adopting, confirming and approv- ing Public Works Director's Report. (Ward 4) Resolution of Intention No. 1130 to establish Maintenance District No. 3-08 (Interim) at Ashe and Woodmere, prelim- inarily adopting, confirming and approv- ing Public Works Director's Report. (Wards 4 & 6) Resolution of Intention No. 1131 to order the abandonment of a 50-foot portion of the dedicated waiver of vehicular access rights along White Lane at the northeast corner of Parcel A of Parcel Map No. 8383. (Ward 4) Resolution declaring the results of the General Municipal Election for the Election of Councilmembers to the City Council in the First, Third, Fourth and Seventh Wards, held in the City of Bakersfield on the 8th day of November, 1994. Resolution authorizing the Public Works Director or his designee to sign State Grant documents for Fire Station No. 2. (Ward 2) Organizational Issues and Reclassifica- tions: Resolution amending Resolution Nos. 134-94 and 109-94 setting salaries and related benefits for employees of the Blue and White Collar, Gen- eral Supervisory and Management Units. Appropriate $47,000 Fund Balance to the Financial Services Depart- ment Budget in the General Fund. (Staff recommends approval of organi- zational & classification changes, adoption of Resolution and approval of appropriation) RES 192-94 RES 193-94 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, December 14, 1994 - Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Resolution approving application for Grant Funds for fencing and site clean- up of Lots 2, 3, 9 and 10 of Section 4, with the exception of the south 30.675 acres of Lot 3, located south of Panama Lane and east of Cottonwood Road. Resolution specifying that Hageman No. 2 Annexation shall, upon annexation, be included within the Greater Bakers- field Separation of Grade District and setting hearing for January 11, 1995. (Ward 4) Resolution specifying that Calloway No. 5 Annexation shall, upon annexation, be included within the Greater Bakersfield Separation of Grade District and sett- ing hearing for February 22, 1995. (Ward 4) Assessment District No. 93-3, Califor- nia/Oak (Ward 5): Resolution authorizing Amendment No. 1 to Acquisition Agreement No. 94-71 with CalOak Development for improvements. 2 o Amendment No. 1 to Agreement No. 93-214 with Wilson & Associates for additional assessment engi- neering services. Assessment District No. 94-3, Silver Creek/Brimhall/Seven Oaks (Ward 4): Resolution approving an Agreement with Orrick, Herrington & Sutcliffe for legal services. 2. Resolution approving boundary map. Resolution of Intention No. 1126 to order improvements. (Staff recommends adoption of Resolu- tions, approval of Agreement and referral of benefit spread methodology to Budget and Finance Committee) RES 194-94 RES 195-94 RES 196-94 RES 197-94 AGR 94-237 AGR 94-238 RES 198-94 AGR 94-239 RES 199-94 Bakersfield, California, December 14, 1994 - Page 13 8. CONSENT CAIFNDAR continued ACTION TAKEN Agreement with Pircher, Nichols & Meeks for legal services for Assess- ment District Nos. 94-2 and 94-3. (Ward 4) Agreement with Local Agency Formation Commission (LAFCO) to indemnify LAFCO for Stine No. 10 Annexation, Annexation No. 383, Proceeding No. 1172, located northeast of Stine and McKee Roads. (Ward 6) Tract Maps and Improvement Agreements: Castle & Cooke Homes Inc. for Tract No. 5678, Phase B, located on the northwest corner of Gosford Road and White Lane. (Ward 4) Bill W. Gilliam for Tract No. 5767, located at the northwest corner of Campus Park Drive and Mountain Vista Drive. (Ward 4) EPCO Ventures LTD for Tract No. 5688, Phase C, located on the north side of Harris Road, west of Stine Road. (Ward 6) Ray Franco Properties Inc. for Tract No. 5648, Phase A, located on the southwest corner of McKee and Wible Roads. (Ward 6) Agreement with Mervin and Mary Jensen for City to purchase real property ($19,353), located at 5101 Cattani Street for bike path purposes. (Ward 2) Agreement with Loren B. Tebbe for City to purchase real property ($33,355), located at 5100 Cattani Street for bike path purposes. (Ward 2) Amendment No. 1 to Agreement No. 93-257 with Ronald F. Ruettgers, Civil Engi- neer, for $37,000 for design consultant services for the widening of California Avenue between Real Road and Oak Street. (Ward 5) AGR 94-240 AGR 94-241 AGR 94-242 AGR 94-243 AGR 94-244 AGR 94-245 AGR 94-246 AGR 94-247 AGR 94-248 AGR 94-249 REMOVED FOR SEPARATE OONSIDERATION REMOVED FOR SEPARATE CONSIDERATIO~[ REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, December 14, 1994 - Page 14 8. CONSENTCALENDAR continued ACTION TAKEN aa. bb. cc. dd. Acquisition Agreement with David Burns Finlinson, Harriet Ann Finlinson and Edith Zoe Finlinson for acquisition of property and right-of-way for construc- tion of Calloway Drive, north of Brim- hall Road. (Ward 4) Agreement with State of California Department of Transportation, Program Supplement No. 014, for installation of traffic signal on Panama Lane at Stine Road. (Ward 6) Agreement with State of California Department of Transportation, Program Supplement No. 049, Revision 1, for replacing culvert on Eastside Canal at Brown Street. (Ward 2) Health Benefit Renewals for Health; Dental; Mental Health and Chemical Dependency; and Vision Plan: Amendment No. 1 to Group Benefit Agreement No. 93-266 with Blue Cross (CaliforniaCare) for health maintenance organization services. Amendment No. 1 to Group Policy Agreement No. 93-267 with Blue Cross (Wellpoint Life) for indem- nity health and dental services. Amendment No. 1 to Group Emotional Health Care Services Contract No. 93-268 with Psychology Systems, Inc. Amendment No. 2 to Agreement No. 92-278 with Cal/Group Trust (Medi- cal Eye Services) for vision ser- vices. Amendment No. 3 to Agreement No. 91-280 with Dedicated Dental Ser- vices, Inc. for dental services. Amendment No. 3 to Agreement No. 91-281 with Health Benefit Incor- porated for dental services. AGR 94-250 DEED 4105 DEED 4106 AGR 94-251 AGR 94-252 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, December x4, 1994 - Page 15 8. CONSENT CAIFNDAR continued ACTION TAKEN es. Amendment of the City of Bakersfield's Public Employees' Retirement System (PERS) Contract to provide Third Level of 1959 Survivor Benefits for local Miscellaneous Members: Resolution to approve an amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the Council of the City of Bakers- field. Ordinance authorizing an amendment to Contract with the Board of Ad- ministration of the California Public Employees' Retirement Sys- tem providing Section 21382.4 (Third Level of 1959 Survivor) Benefits for local Miscellaneous Members. (Staff recommends adoption of Resolu- tion and First Reading of Ordinance) RES 200-94 AGR 94-253 FR ff. gg. hh. ii. Acquisition Agreements with Castle & Cooke Homes, Inc. and Castle & Cooke Communities, Inc. for acquisition of roadway easements and reimbursements for roadway construction for Calloway Drive between Stockdale Highway and Brimhall Road. (Ward 4) Accept bid to award Contract to A-C Electric Company ($81,898) for traffic signal modification on Oak Street at Chester Lane. (Wards 2 & 5) Accept bid to award Contract to McKee Electric Company ($143,495.54) for traffic signals on Planz and Wible Roads, Ming Avenue and Castro Lane; and storm drain improvements at Planz and Wible Roads. (Wards 6 & 7) Accept bid to award Contract to Halo- poff and Sons, Inc. ($99,404.50) for Pierce-Arrow Planned Sewer Area, Phase I, and appropriate $29,500 Sewer Enter- prise Fund balance to the Public Works Capital Improvement Budget within the Sewer Enterprise Fund. (Ward 5) AGR 94-254 AGR 94-255 DEED 4111 DEED 4112 DEED 4113 DEED 4114 CON 94-256 CON 94-257 CON 94-258 Bakersfield, California, December 14, 1994 - Page 16 8. CONSENTCALENDAR continued ACTION TAKEN jj. kk. 11. nn. oo. PP. qq. rr. Accept bid to award Contract to JTS Construction ($26,311) for the con- struction of men's and women's shower facilities at City Hall South Annex. (Ward 2) Accept bids from Berchtold Equipment Company ($47,136.38) and Pioneer Equipment Company ($155,344.12) for two (2) loaders for Public Works. (1 additional and 1 replacement for a total of $202,480.50) Central District Development Agency Component Unit Financial Report for Fiscal Year ended June 30, 1994. Annual Report of Financial Transactions of the Central District Development Agency to the State Controller. Comprehensive Annual Financial Report for Fiscal Year 1993-94. Authorization to publish Notice of Proposed Use of Funds for Amendment No. 1 to FY 1994-95 ($150,000), Amendment No. 3 to FY 1993-94 ($77,000), Amend- ment No. 4 to FY 1992-93 ($26,000) and Amendment No. 4 to FY 1989-90 ($9,100) to Community Development Block Grant (CDBG) Applications for a total of $262,000. Appropriate $13,175 from the Corpora- tion for National and Community Ser- vice for VISTA supervision and trans- portation to the Community Development Operating Budget. Appropriate $3,327 Miscellaneous Contri- butions to the Fire Department Operating Budget in the General Fund. (Defibrilla- tor Program) Appropriate $60,000 fund balance to the Community Services Capital Improvement Budget within the Park Improvement Fund to reimburse costs associated with Seasons Park. CON 94-259 REMOVED FOR SEPARATE CONSIDERATION ROWLES ANNOUNCED ABSTENTION FOR CONFLICT Bakersfield, California, December 14, 1994 - Page 17 8. CONSEN]'CAIFNDAR continued ACTION TAKE~[ Appropriate $61,000 Federal Grant Revenue to the Public Works Capital Improvement Budget within the Surface Transportation Program Fund to compen- sate W. Koo & Associates for design engineering services for the retrofit of the service road bridge and Chester Avenue Bridge. (Ward 2) Motion by DeMond to adopt Items (a) through (ss) of the Consent Calendar, with the exception of Items o., x., y., z., dd. and oo.; Rowles abstaining on Item rr. due to a previous business relationship; and Carson abstaining on Item g.e. due to a business relationship. APPROVED AB MCDERMOTT Oo Organizational Issues and Reclassifica- tions: Resolution amending Resolution Nos. 134-94 and 109-94 setting salaries and related benefits for employees of the Blue and White Collar, Gen- eral Supervisory and Management Units. Appropriate $47,000 Fund Balance to the Financial Services Depart- ment Budget in the General Fund. (Staff recommends approval of organiza- tional & classification changes, adop- tion of Resolution and approval of appropriation.) RES 201-94 Motion by Rowles to adopt Item o. with the stipulation that the position of Assistant Planning Director remain vacant for 1995 and 1996. APPROVED ABMCDERMOTT Agreement with Mervin and Mary Jensen for City to purchase real property ($19,353), located at 5101 Cattani Street for bike path purposes. (Ward 2) Motion by DeMond to adopt Item x. of the Consent Calendar. AGR 94-260 DEED 4107 DEED 4108 APPROVED NS ROWLES AB MCDERMOTT Bakersfield, California, December 14, 1994 - Page 18 CONSENTCALENDAR continued ACTION TAKEN Agreement with Loren B. Tebbe for city to purchase real property ($33,355), located at 5100 Cattani Street for bike path purposes. (Ward 2) Motion by DeMond to adopt Item y. of the Consent Calendar. Amendment No. 1 to Agreement No. 93-257 with Ronald F. Ruettgers, Civil Engi- neer, for $37,000 for design consultant services for the widening of California Avenue between Real Road and Oak Street. (Ward 5) Motion by Rowles to adopt Item z. of the Consent Calendar and a request that staff pursue, with CalTrans, a system to work out the design specs on RFPs. AGR 94-261 DEED 4109 DEED 4110 APPROVED NS ROWLES AB MCDERMO~F AGR 94-262 APPROVED AB MCDERMO~5? dd. Health Benefit Renewals for Health; Dental; Mental Health and Chemical Dependency; and Vision Plan: Amendment No. 1 to Group Benefit Agreement No. 93-266 with Blue Cross (CaliforniaCare) for health maintenance organization services. Amendment No. 1 to Group Policy Agreement No. 93-267 with Blue Cross (Wellpoint Life) for indem- nity health and dental services. Amendment No. 1 to Group Emotional Health Care Services Contract No. 93-268 with Psychology Systems, Inc. Amendment No. 2 to Agreement No. 92-278 with Cal/Group Trust (Medi- cal Eye Services) for vision ser- vices. Amendment No. 3 to Agreement No. 91-280 with Dedicated Dental Ser- vices, Inc. for dental services. AGR 94-263 AGR 94-264 AGR 94-265 AGR 94-266 AGR 94-267 Bakersfield, California, December 14, 1994 - Page 19 8. CONSENT CALENDAR continued ACTION TAKEN dd. 6. Amendment No. 3 to Agreement No. 91-281 with Health Benefit Incor- porated for dental services. Motion by Rowles to adopt item dd. of the Consent Calendar with the excep- tion of the retiree benefits portion of the Agreements be extended for 90 days at the new renewal rates, through the end of March, for further review and discussion of options of retiree services. AGR 94-268 NAT Amended motion by Rowles to adopt Item dd. of the Consent Calendar with the retiree portions to be brought back for further direction within 90 days. NAT Amended motion by Rowles to adopt Item dd. of the Consent Calendar, approving the renewal rates, and direct staff to bring back all retiree benefits plans for further direction and provide a full range of options for active employees. APPROVED AB MCDERMOTT' oo. Authorization to publish Notice of Proposed Use of Funds for Amendment No. 1 to FY 1994-95 ($150,000), Amendment No. 3 to FY 1993-94 ($77,000), Amend- ment No. 4 to FY 1992-93 ($26,000) and Amendment No. 4 to FY 1989-90 ($9,100) to Community Development Block Grant (CDBG) Applications for a total of $262,000. Motion by Rowles to adopt Item oo. APPROVED of the Consent Calendar. AB MCDERMOTT Bakersfield, California, December 14, 1994 - Page 20 9. HEARINGS ACTION TAKEN Consideration to revoke Conditional Use Permit No. 5216 for Mesa Marin Raceway. (Ward 3) Correspondence has been received in opposition to revoking the Conditional Use Permit from Sharon Tempel, dated September 25, 1994; Dave Eastwood, dated December 6, 1994; and John Skiles; and from James L. Nickel, Bravo Management Company, dated December 9, 1994, stating concerns and suggesting a periodic re- view of compliance performance. Development Services Director Hardisty provided background information. Hearing opened at 9:12 p.m. The following individuals spoke in support of Mesa Marin: Marion Collins, owner; Virgie Witte; and Conni Brunni. The following individuals spoke on CUP compliance concerns: Dean Gay and Dennis Fox. The following individuals spoke in rebuttal (support): Marion Collins and Jack Long. Dean Gay spoke in rebuttal (concerns). Hearing closed at 9:50 p.m. Smith requested Dean Gay be contacted regarding sewer assessments. Development Services Director Hardisty requested Council authorize the notice of continued hearing be mailed to prop- erty owners within a 300 foot radius. Salvaggio recognized Mr. Collins to speak. Motion by Smith to continue the hearing to January 25, 1995, with staff to give public notice with the intent to hear proposals to modify the fencing and screening requirement for the raceway. APPROVED ABMCDERMOTT Bakersfield, California, December HEARINGS continued 14, 1994 - Page 21 ACTION TAKEN b. Assessment District N~. 94-2, Gosford/ White. (Ward 4): Protest hearing as required by Resolution No. 164-94 on proposed assessment district. (Resolutlon of Intention No. ii1123) Resolution approving Final Engi- neer's Report, levying assessments, ordering acquisition of improve- ments and authorizing and direct- ing related actions. Resolution approving form and sub- stance of Acquisition Agreement with Castle & Cooke Homes, Inc., for construction and installation of improvements and authorizing changes thereto and execution thereof. 4 o Resolution approving Amendment No. I to Agreement No. 94-152 with Orrick, Herrington & Sutcliffe to reduce legal fees payable. Amendment No. 1 to Consultant's Agreement No. 94-153 with Wilson & Associates for additional assess- ment engineering services. Hearing opened at 10:15 p.m. No one spoke at hearing. Hearing closed at 10:15 p.m. Motion byDeMond to adopt Resolutions and approve Agreements. RES 202-94 RES 203-94 AGR 94-269 RES 204-94 AGR 94-271 APPROVED AB MCDERMOTT Bakersfield, California, December 14, 1994 - Page 22 9. HEARINGS continued ACTION TAKEN Protest Hearing for Brine No. 10 Annex- ation located northeast of Stine and McKee Roads. (Ward 6) Resolution specifying that stine No. 10 Annexation shall, upon annexation, be included within the Greater Bakersfield Separation of Grade District and setting hearing for January 11, 1995. Hearing opened at 10:17 p.m. No one spoke at hearing. Hearing closed at 10:17 p.m. Motion by DeMond to adopt Resolution ordering the territory annexed to the City of Bakersfield; and adopt Resolu- tion setting date of hearing for inclusion into the Greater Bakersfield Separation of Grade District. RES 205-94 RES 206-94 APPROVED AB MCDERMO~5~U Periodic review of State Farm Insurance Development AgreeKent No. 90-201 (State Farm Insurance Building) (Ordinance No. 3306, Sanwa Bank). Hearing opened at 10:19 p.m. No one spoke at hearing. Hearing closed at 10:20 p.m. Motion by DeMond to approve review. APPROVED ABMCDERMO~? Mayor Price announced a 10-minute recess at 10:20 p.m. and reconvened the meeting at 10:30 p.m. Bakersfield, California, December 14, 1994 - Page 23 10. RB~ORTS ACTION TAKEN City Manager Report No. 11-94 regarding Status on Drug Loitering Ordinance. (3591) Chief of Police Brummer provided a status report. Motion by DeMond to accept Report. APPROVED ABMCDERMOTT city Manager Oral Report No. 12-94 regarding a Joint City/County Fire study. Assistant City Manager Waiters provided a presentation. city Manager Oral Report No. 13-94 regarding Donation of.old Truck I to the Bakersfield Firefighters, Burn Foundation. Fire Chief Kelly provided background information. Motion by Salvaggio to approve recommendation to donate. APPROVED AB MCDERMOTT Council concurred staff follow usual procedures for applications to recruit individuals for the Citizens' Advisory Committee. Community Services Committee Report No. 1-94 regarding Bakersfield City Employ- ees Mutual Benefit Association Volunteer Landscaping Project on the Kern River Parkway. Rowles requested staff investigate the possibility of developing portions of the City to represent the cultural and historical features of our Sister City[s]. Salvaggio requested the decision follow- ing the investigation be compatible with the goals and policies of the Kern River Plan. Motion by Rowles to accept Report and APPROVED implement recommendation. AB MCDERMOTT Bakersfield, California, December 14, 1994 - Page 24 ~i: 11. DEFERRED BUSINESS ACTION TAKEN do Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning Of 3.98 acres generally located on the northeast corner of Bernard Street and New Market Way from Planned Commercial Development for a physical fitness center to include a 22,000 square foot United Artists Cinema. (First Reading September 28, 1994) (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-08 by changing the zoning from Limited Multiple Family Dwelling Zone (One Dwe11ing per 2,500 square feet) to One Family Dwelling Zone on 14 acres, located on the southeast corner of Ming Avenue and Haggin Oaks Boulevard. (GPA 3-94, Segment I, zC 5581; First Reading November 16, 1994) (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and zoning Map No. 102-34 by changing the zoning from Professional and Administrative office, Architectural Design, to Planned Commercial Development for a 39,170 square foot retail commercial shopping center on 3.71 acres, located at 5700 Stockdale Highway. (GPA 3-94, Segment II, ZC 5564; First Reading November 16, 1994) (Ward 5) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-13 by changing the zoning from Agriculture-20 Acre Minimum to One Family Dwelling on 95.91 acres, located north of Noriega Road to Reina Road, west of Jewetta Avenue. (GPA 3-94, Segment V, ZC 5580; First Reading November 16, 1994) (Ward 4) REMOVED FOR SEPARATE CONSIDERATIC~ ORD 3618 ORD 3619 ORD 3620 Bakersfield, California, December 14, 1994 - Page 25 11. DEFERRED BUSINESS continued ACTION TAKEN Ordinance amending Title 17 Of the Bakersfield Municipal Code and Zoning Map No. 123-25 by changing the zoning from One Family Dwelling to Neighbor- hood Commercial on 6.27 acres, located east of Wible Road and north of Berk- shire Road. (GPA 3-94, Segment IX, ZC 5585; First Reading November 16, 1994} (Ward 7) Motion by DeMond to adopt Items b. through e. of Deferred Business. ORD 3621 APPROVED AB MCDERMOTT Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning of 3.98 acres generally located on the northeast corner of Bernard ~treet and New Market Way from Planned Commercial Development for a physical fitness center to include a 22,000 square foot United Artists Cinema~ (First Reading September 28, 1994) (Ward 3) Development Services Director Hardisty provided background information. Smith recognized Randall Bohl, Archi- tect, to speak. Motion by Smith to adopt Item a. of Deferred Business. ORD 3622 APPROVED AB MCDERMOTT TOW Trucks: Ordinance repealing Chapter 5.52 of the Bakersfield Municipal Code regarding tow trucks. Resolution setting rates and equip- ment specifications for tow truck services pursuant to contract with the City. FR RES 207-94 Motion by DeMond to give First Reading APPROVED to Ordinance and adopt Resolution. AB MCDERMOTT Bakersfield, California, December 14, 1994 - Page 26 ~'"~ 11. DEFERRED BUSINESS continued ACTION TAKEN Resolution finding that certain unse- cured doorways, windows and other open- ings in vacant structures on properties in the city of Bakersfield constitute a "Dangerous Building" and a public nui- sance and directing the Building Direc- tor to abate such nuisance. (Action deferred from October 12, 1994 hearing) Motion by Carson to adopt Resolution. RES 208-94 APPROVED AB MCDERMdFI~? 12. NEW BUSINESS ao Appointment Process for Interim Ward 6 Councilmember. Motion by Rowles to approve Appoint- ment Process, to appoint the Interim Councilmember at the meeting of Janu- ary 25, 1995; and to include a comment in the News Release that Council de- sire the Interim Councilmember not seek the elected position. FAILED NS CARSON DEMOND SMITH AB MCDERMOTT Motion by DeMond to approve Appoint- ment Process and appoint the Interim Councilmember at the meeting of Janu- ary 25, 1995. APPROVED AB MCDERMOtt? Ce Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-02 by changing the zoning from One Family Dwelling and Limited Multiple Family Dwelling to Neighbor- hood Commercial on 4.05 acres, located at the southeast corner of South Real Road and State Route 58 on-ramp. (Ward 5) Development Services Director Hardisty provided background information. 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. FR FR Bakersfield, California, December 14, 1994 - Page 27 12. NEW BUSINESS continued ACTION TAKEN Ordinance adding Union No. 10 Annexation to Ward i located south of California Avenue, along Union Avenue to Belle Terrace, between South P and Washington Streets. Resolution of Intention No. 1132 to order the vacation of the unimproved portion of Georgia Drive access ease- ment located along the northwest side of Parcel A and setting the hearing for January 25, 1995.. (Ward 4) Motion by DeMond to adopt Resolution of Intention. FR APPROVED AB MCDERMOTT fo Agreement with County of Kern regarding jail booking fees. Police Chief Brummer provided back- ground information. Motion by DeMond to approve Agreement. AGR 94-272 APPROVED NS ROWLES SALVAGGIO AB MCDERMOTT Appointment of delegate to the League of California cities City Legislative Delegate Program. Motion by DeMond to appoint Mayor Price as delegate. 13. COUNCIL STATEMENTS Mayor requested staff to send to the approp- riate committee correspondence from Philip L. Ryall, Kern Industry Coalition Chairman, dated December 8, 1994, requesting Council adopt a resolution in support of the use of a Neighboring Business Activity Statement. APPROVED AB MCDERMOTT Mayor referred to Citizens Community Services Advisory Committee correspondence from Gerald Patterson, dated November 22, 1994, request- ing the horseshoe courts at Beach Park be named in honor of Bill Carroll. Bakersfield, California, December 14, 1994 - Page 28 13. COUNCIL STATEMENTS continued ACTION TAKEN Mayor referred to Intergovernmental Relations Committee oral requests received from the "Futures Conference" to: 1) appoint a commission within 60 days to oversee the Kern River Parkway; and 2) appoint a Governmental Effectiveness Task Force to create government effi- ciencies, with the Task Force to in- clude one member from Council, one member from the Board of Supervisors and numerous private sector citizens, with recommendations brought back to Council and the Board of Supervisors. Mayor Price to be advised when the meeting will take place. Smith referred to staff a notice to County stating Council would like to meet with them in January. Rowles requested staff keep him apprised, in writing, of the naming of the horseshoe courts. Rowles thanked Public Works Director Rojas and Development Services Director Hardisty for their time regarding some issues in Ward 5. Rowles thanked Water &~Sanitation Manager Bogart and staff for responding to his con- cerns regarding the Pilot Program. Carson thanked the Councilmembers for their tolerance and helpfulness through her first meeting; and City Manager Tandy and City Clerk Williams for their orientations. Carson requested an informatien meeting be held in her ward by a staff person regarding the amendments to the CDBG funds (Item 8.00.). Bakersfield, California, L'cember 14, 1994 - Page 29 14. ADJOURNMENT ACTION TAKEN Motion by DeMond at 11:40 p.m. APPROVED AB MCDERMOTT MAYOR of ~he City of Bakersfield, CA ATTEST: / / . //c~ - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA DEC14.A 1/13/95 4:24pm