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