HomeMy WebLinkAbout09/22/1993 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 22, 1993
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Edwards, DeMond, Smith, Brunni,
Salvaggio (seated at 5:20)
Councilmembers McDermott, Rowles
2. CITY COUNCIL GOAL SETTING.
NAT
Motion by Brunni to add a Closed Session
item that arose after the agenda was
prepared and requires action tonight.
APPROVED
AB MCDERMOTT
ROWLES
Motion by Brunni to recess for Closed
Session and Goal Setting at 5:25 p.m.
APPROVED
AB MCDERMOTT
ROWLES
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
SINCE
NEGOTIATIONS
HAVE BEEN
CONTINUING
FOR FOURMDNT~
CITY MANAGER
IS DIRECTED ~
ADVISE COUN~F
THE FIREFUND
ISSUE SHOULD
BE BROUGHT ~
CONCLUSION
WIl~IN30DAYSi
STAFF IS
DIRECTED ~9
SPEND ASMUCH
TIMEAS
NECESSARY TO,
BRING TO A
POSITIVECON-
CLUSION THE
NEGOTIATIONS,:
Bakersfield, California, September 22, 1993 - Page 2
CLOSED SESSION continued
ACTION TAKEN
CITY ATTORNEY
IS INSTRUCTED
TO PREPARE A
LAWSUIT FOR
CONSIDERATION
IN THE EVENT
NEGOTIATIONS~
FAIL.
Motion by Brunni to adjourn Closed Session
at 6:25 p.m.
APPROVED
AB MCDERMOTT
ROWLES
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Councilmember Salvaggio
2. PLEDGE OF A' ~ r:GIANCE
3. ROLL CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott (seated at 8:05),
Edwards, DeMond, Smith,
Brunni, Rowles, Salvaggio
None
CLOSED SESSION ACTION
Mayor Price announced Closed Session
action as reflected, beginning on
Page 1.
PRESENTATIONS
Brunni introduced Thomas Cisneros,
volunteer-intern, working 6-9 hours per
week with her through the Bakersfield
College Work Experience Program to earn
college credit.
PUBUC STATEMENTS
a. Harold Wurtz spoke regarding commercial
vehicles in residential areas (10. a.)
Bakersfield, California, September 22, 1993 - Page 3
7, APPOINTMENTS
ACTION TAKEN
CONSENTCALENDAR
Voucher Nos. 1067 to 1540 inclusive,
in the amount of $1,835,421.73.
Minutes of Workshop, Closed Session
and Regular Meeting of September 8,
1993.
c. Communication has been received from:
David Price III, Resource Manage-
ment Agency, dated September 1,
1993, regarding Recycling Market
Development Zone (RMDZ)
application designation.
(Receive and refer to Economic
Development and Water & Sanitation
Departments)
James A. Rhodes, Kern County
Auditor-Controller, dated
September 8, 1993, regarding
Alternative Property Tax
Distribution Plan. ("Teeter Plan").
(Receive and refer to Budget &
Finance Committee)
Notices of Completion and acceptance
of work for:
Contract No. 93-47 with John
Black Electric for installation of
traffic signal and lighting system
at White Lane and Monitor Street,
completed September 7, 1993.
Contract No. 93-96 with Griffith
Company for cold surface recycling
and resurfacing various streets in
Southwest Bakersfield, completed
September 4, 1993.
Contract No. 93-90 with Castle &
Cooke Development Corporation for
Tract 5544, located on the south-
west corner of Brimhall Road and
Verdugo Lane, completed September
7, 1993.
Bakersfield, California, September 22, 1993 - Page 4
8. CONSENTCALENDAR continued
ACTION TAKEN
do 4.
Contract No. 93-66 with Castle &
Cooke Silver Creek, Inc., for
Tract 5756, Unit A, located on the
northwest corner of Harris Road
and Spring Creek Loop, completed
September 9, 1993.
Resolution approving the application
for grant funds for the Earthquake
Safety and Public Building Rehabilita-
tion Bond Act of 1990 for the seismic
retrofitting of Fire Station No. 2.
(Ward 2)
Resolution amending Resolution No.
57-92 setting salaries and related
benefits for employees of the Blue
and White Collar Units. (deletion
of Buyer-Trainee position)
Revised job specifications for Box
office Supervisor.
Tract Maps and Improvement Agreements
with:
Kaufman and Broad of Southern
California, Inc., for Tract 5566,
Phase II; and Tract 5566, Phase
III, located approximately 650
feet west of Jewetta Avenue and
900 feet north of Hageman Road.
(Ward 4)
Tract 5445 Partners for Tract 5445,
Phase III, located approximately
150 feet south of Meacham Road, on
the east side of Calloway Drive.
(Ward 4)
Curt Carter and Arleta Carter,
1991 Revocable Living Trust, for
Tract 5505, located on the south-
east corner of Jewetta Avenue and
Reina Road. (Ward 4)
Amendment No. 4 to Grant Agreement No.
89-214, Project No. 3-06-0323-06; and
Amendment No. 2 to Grant Agreement No.
90-105, Project No. 3-06-0323-07, with
the Federal Aviation Administration
(FAA) for construction at the Bakers-
field Municipal Airport. (Ward 1)
RES 151-93
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 93-190
AGR 93-191
AGR 93-192
AGR 93-193
AGR 93-194
AGR 93-195
AGR 93-196
AGR 93-197
Bakersfield, california, September 22, 1993 - Page 5
8. CONSENTCALENDAR continued
ACTION TAKEN
Accept bid to award Contract to
Starling's Construction Company
($22,500) for reroofing the Bakersfield
Convention Center Upper Stage House and
appropriate $22,500 Capital Outlay Fund
balance to the Public Works Department
Capital Improvement Budget within the
Capital Outlay Fund. (Ward 2)
Accept bid to award Contract to R.L.
Morton, Inc. ($98,338.10) for retain-
ing wall and guardrail construction at
Manor Drive. (Ward 2)
Reject bid for resurfacing various
streets in the City of Bakersfield.
(Wards 1, 3, 5 & 6)
Reject bids for replacement aerator
motors for Wastewater Treatment Plant
No. 2.
Sale of drug-seized property to
Salvador and Concepcion Chipres for
$69,510.50, located at 1004 Clybourn
Drive. (Ward 7)
Appropriate $50,000 seized asset
proceeds to the Public Works
Operating Budget in the Equipment
Management Fund for the purchase of
four (4) replacement vehicles.
Appropriate $55,000 seized asset
proceeds to the Public Works
Operating Budget in the Equipment
Management Fund for the acquisition
of radios and pagers.
City Clerk Williams announced amendments:
Item c.1. also includes referral to Water
& Sanitation Departments; Item k. awards
the contract to R.L. Morton.
REMOVED FOR
SEPARATE
CONSIDERATIO~
CON 93-198
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATI~¥
Motion by DeMond to adopt Items (a) through
(p) of the Consent Calendar, including the
amendments announced by City Clerk Williams,
with the exception of Items f., j., n. and p.
APPROVED
AB MCDERMOTT'
Bakersfield, California, September 22, 1993 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEN
Resolution amending Resolution No.
57-92 setting salaries and related
benefits for employees of the Blue
and White Collar Units. (deletion
of Buyer-Trainee position)
Motion by Salvaggio to adopt Item f.
of the Consent Calendar.
RES 152-93
APPROVED
AB MCDERMOtt'
j o
Accept bid to award Contract to
Starling's Construction Company
($22,500) for reroofing the Bakersfield
Convention Center Upper Stage House and
appropriate $22,500 Capital Outlay Fund
balance to the Public Works Department
Capital Improvement Budget within the
Capital Outlay Fund. (Ward 2)
Brunni requested Council be consis-
tently advised through memo of bid
disparities.
CON 93-199
Motion by DeMond to adopt Item j.
the Consent Calendar.
of
APPROVED
NS BRUNNI
AB MCDERMOTT
Sale of drug-seized property to
Salvador and Concepcion Chipres for
$69,510.50, located at 1004 Clybourn
Drive. (Ward 7)
Salvaggio requested staff review the
process used for appraising value of
homes for bid and whether it is decided
locally if drug-seized property is to
be auctioned/sold.
DEED 3780
DeMond stated that a fair market value
should be determined prior to any
property being sold.
Motion by Salvaggio to adopt Item n. APPROVED
of the Consent Calendar. AB MCDERMOTT
79
Bakersfield, California, September 22, 1993 - Page 7
8. CONSENT CALENDAR continued
ACTION TAKEN
Appropriate $55,000 seized asset
proceeds to the Public Works
Operating Budget in the Equipment
Management Fund for the acquisition of
radios and pagers.
Motion by Brunni to adopt Item p. of
the Consent Calendar.
APPROVED
AB MCDERMOTT
HEARINGS
Appeal by Curtis G. Sparks to Planning
commission decision of the conditions
of approval on Parcel Map No. 9548.
(Ward 3) (Deferred from September 8,
1993}
Motion by Smith to reopen the hearing.
APPROVED
AB MCDERMOI~?
Planning Director Hardisty provided
background information.
Hearing opened.
John P. Doering III, attorney,
representing landowners Curtis and
Judy Sparks, spoke in opposition to
staff recommendation.
Hearing closed.
Motion by Smith to delay action for
two weeks.
APPROVED
ABMCDERMOTT
Hearing (TEFRA) to consider the
execution and delivery of refunding
Certificates of Participation, not to
exceed $7,500,000, refund certificates
issued to finance the development of a
licensed 51-unit residential care
facility for the elderly, known as The
Hallmarko
AGR 93-200
AGR 93-201
AGR 93-202
AGR 93-203
AGR 93-204
AGR 93-205
Bakersfield, California, September 22, 1993 - Page 8
9. HEARINGS continued
ACTION TAKEN
Resolution regarding the holding
of a public hearing in connection
with the sale and delivery of, not
to exceed $7,500,000, refunding
Certificates of Participation,
Series 1993. (Bakersfield Assisted
Living Center)
Resolution approving the sale and
delivery of, not to exceed
$7,500,000, refunding Certificates
of Participation, Series 1993,
(Bakersfield Assisted Living
Center) on behalf of United
Community and Housing Development
Corporation approving the form of
legal documents related thereto
and authorizing and directing
preparation, execution and delivery
of the final forms thereof.
No one spoke at hearing. Hearing
closed.
Motion by Brunni to adopt Resolutions
authorizing approval of Agreements.
RES 153-93
RES 154-93
APPROVED
AB MCDERMOTT
10. REPORTS
City Manager Oral Report No. 5-93
regarding Commercial Vehicles in
Residential Areas.
Police Chief Brummer reported on the
impact of Ordinance No. 3559 on local
towing companies and their vehicles
that operate in the City and the
effect on other commercial vehicles
including public utility and general
equipment vehicles.
Salvaggio requested City Manager Tandy's
input and recommendations.
Motion by Brunni to refer the issue,
pictures and Chief Brummer's memo,
dated September 15, 1993, to Urban
Development Committee, invite affected
businesses to attend, and return to
Council within 60 days.
APPROVED
ABMCDERMOTT
Bakersfield, California, September 22, 1993 - Page 9 8~
10. REPORTS continued
ACTION TAKEN
Rowles encouraged staff to contact the
affected parties immediately; schedule
an Urban Development Committee meeting
right away; and come back with a report
in 30 days and something concrete in 60
days.
Budget and Finance Report No. 4-93
regarding Fireworks Permit Inspection
Fees.
Motion by DeMond to accept Report and
implement recommendations.
APPROVED
AB MCDERMO~U
EDWARDS
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 104-11 by changing the zoning of
23.03 acres generally located north of
Highway 178 and east of the northerly
extension of Miramonte Drive from an A
Zone to an R-1 Zone. (Zone Change No.
5415) (Ward 3) (First Reading
September 8, 1993)
Motion by Salvaggio to adopt Ordinance.
ORD 3561
APPROVED
AB MCDERMOI~?
Ordinance amending Section 16.40.010 of
the Bakersfield Municipal Code relating
to removal of groundwater upon subdivi-
sion. (Wards i 7) (First Reading
September 8, 1993)
Motion by Salvaggio to adopt Ordinance.
ORD 3562
APPROVED
AB MCDERMOTT
Brunni directed staff to encourage
other cities and counties to consider
taking similar action.
Bakersfield, California, September 22, 1993 - Page 10
11. DEFERRED BUSINESS continued
ACTION TAKEN
Co
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 101-34 by changing the zoning
of 16.25 acres located southwest of
the intersection of Johnson Road and
Renfro Road from an R-2 to an R-1 Zone.
(Ward 4) (First Reading September 8,
1993)
Motion by Brunni to adopt Ordinance.
ORD 3563
APPROVED
ABS MCDERMOTT
Agreement with the Bakersfield Society
for the Prevention of Cruelty to Animals
(S.P.C.A.) for animal facillty/replace-
ment plans. (Referred August ZS, 1993)
Motion by McDermott to approve Agreement.
AGR 93-206
APPROVED
NS EDWARDS
12. NEWBUSINESS
Ordinance amending Sections 17.19.010
and 17.19.030, repealing Subsection E
of Section 17.19.020, adding Subsections
E and F to Seotion 17.19.020 and adding
Section 17.19.040 to the Bakersfield
Municipal Code relating to the RH
(Residential Holding) Zone District.
Ordinance adding Renfro No. 3 Annexa-
tion to Ward 4, located south of Stock-
dale Highway, east of Renfro Road.
(Ward 4)
Ordinance amending Sections 15.68.020
and 15.68.150 of the Bakersfield
Municipal Code relating to Mobile Home
Parks.
Planning Director Hardisty provided
background information.
Edwards encouraged staff to communi-
cate with mobile home park homeowner's
associations.
FR
FR
FR
Bakersfield, California, September 22, 1993 - Page 11
12. NE~/BUSINESS continued
ACTION TAKEN
Resolution regarding a request by Local
Agency Formation Commission (LAFCO) to
take legislative action on proposed
Annexation No. 7 to County Service Area
NO. 27 and formation of Zone of Benefit
No. Z, located south of Taft Highway,
east of Wible Road, Pumpkin Center area.
Motion by McDermott to amend Resolution
opposing formation of County Service
Area No. 27; send a letter to LAFCO
informing them of that opposition and
City's intention to provide service
when it is to be developed to urban
standards; and staff to review CEQA
laws and report back to Council as
appropriate.
RES 155-93
APPROVED
ABS EDWARDS
Resolutlon regarding a request by Local
Agency Formation commission (LAFCO) to
take legislative action on proposed
formation of County Service Area No. 81,
located north of Olive Drive to Norris
Road, between Mohawk and Freeway 99.
Motion by Brunni to amend Resolution
opposing formation of County Service
Area No. 81 and send a letter to LAFCO
informing them of that opposition and
City's intention to provide service
when it is to be developed to urban
standards.
RES 156-93
APPROVED
ABS EDWARDS
Agreement with Donald and Alice Brindle
to purchase real property located on
White Lane between Union and Madison
Avenues for $145,000 for Clear Zone
Protection at the Bakersfield Municipal
Airport. (Ward 1)
Motion by Edwards to approve Agreement.
AGR 93-207
DEED 3781
APPROVED
Appointment of voting delegate and
alternate for League of California
Cities Annual Conference scheduled
October 16 - 19, 1993 in San Francisco.
Motion by McDermott to appoint Rowles APPROVED
as the voting delegate.
Bakersfield, California, September 22, 1993 - Page 12
13. COUNCIL STATEMENTS
ACTION TAKEN
Brunni requested staff to schedule an
Economic Development Committee meeting.
Brunni requested City Manager provide a
a memo updating Council on the City-Wide
Park Maintenance District.
Brunni requested staff investigate filing
a complaint with the P.U.C., State Legisla-
ture and the Governor regarding railroad
crossings conditions.
Brunni requested Finance to provide to
Council an after-the-fact accounting of the
April 1993 bonds that were refinanced.
Rowles directed Urban Development Committee,
during the next meeting, to develop a brief
policy statement regarding annexing and bring
back to Council.
McDermott referred to Budget & Finance
Committee the memo from Chief Brummer
regarding the Federal Police Hiring
Supplement Program.
McDermott commented on the 1992-93 Annual
Report for the City of Bakersfield and his
disappointment in the exclusion of any
Circulation Plan for future freeways.
DeMond requested unrepaired fences and
property maintenance be included in
Brunni's referral addressing railroad
crossing conditions.
Smith requested weeds and brush under
utility lines be included in Brunni,s
referral addressing railroad crossing
conditions.
Bakersfield, California, September 22, 1993 - Page 13
14. ADJOURNMENT
ACTION TAKEN
Motion by McDermott at 8:35 p.m.
APPROVED
MAY~R of the City of
Bakersfield, CA
ATTEST:
CITY CLERK and Ex officio Clerk of the
Council of the City of Bakersfield, CA
SEPT22.MZN
10/12/93 4:03pm