HomeMy WebLinkAbout04/14/1993 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 14, 1993
WORKSHOP- 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROll CALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
(seated at 5:20)
None
PLANNING COMMISSION INTERVIEWS.
Applicants R. Douglas Delgado, C. Robert
Frapwell, Mark R. Hawley, Kenneth F. Hersh,
Carol J. Kern, James L. Lencioni, William
H. Slocumb, Murray Tragish and Bill Wonderly
participated in a question/answer discussion.
Motion by McDermott to recess to Closed
Session at 5:40 p.m.
APPROVED
CLOSED SESSION
closed Session pursuant to Government Code
Section 54956.9 regarding pending litigation
in the case of Hostmyer vs. city of
Bakersfield, et al.
NAT
DISCUSSION
WAS TABLED
UNTIL 4-28-93
Motion by McDermott to adjourn Closed APPROVED
Session at 6:48 p.m.
Bakersfield, California, April 14, 1993 - Page 2
REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Mayor Price
2. PLEDGEOF~II~GIANCEby Eli Markarian, Strikers AYSO Soccer Team
3. ROll CALL
ACTION TAKEN
Present: Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
Absent: None
CLOSED SESSION ACTION
PRESENTATIONS
Mayor Price introduced Miranda Rosales,
student intern serving in the Mayor's
Office until the end of July.
Presentation of a letter of encourage-
ment by Mayor Price to Coach Erwin
Tiziani, Strikers AYSO Soccer Team for
their trip July 11 - 23, 1993 represent-
ing Bakersfield and the United States in
Alpen Cup Competition in Austria and
Switzerland.
Coach Tiziani and Eli Markarian thanked
the City for its support.
Jim Munoz, Time-Warner Cable, donated
$1,000 towards the team costs and
commended them on their achievements.
Presentation of a proclamation to Bert
McCarthy, '93 Rally Committee, by Mayor
Price proclaiming the week of April 19 -
24, 1993 as "Project Clean Air Rally Week".
Mr. McCarthy presented t-shirts to the
Mayor and Council.
Brunni challenged everyone to participate
in the rally.
Bakersfield, California, April 14, 1993 - Page 3
5. PRESENTATIONS continued
ACTION TAKEN
Presentation of $2,500 as the first
installment of a two-year pledge by
Susan Hersberger, Shell Oil Company
Public Affairs Representative, to the
Bakersfield Fire Department to assist
with the implementation of the
Defibrillator Program.
Fire Chief Johnson thanked Shell Oil
Company.
PUBUC STATEMENTS
Pete Leveroni, Historic Preservation
Commission Chairperson, presented the
HPC 1992 Annual Report.
Graham Kay-Eddie, Chairman of Kern
County Athletic Association, spoke and
provided a hand-out regarding The Rugby
Sevens Football Championship for the
Pacific Coast National Qualifier to be
held July 31, 1993.
Co
Virgil Wilson, spoke commemorating the
Bakersfield Jaguars' 1983 National
Basketball Championship.
7 o
APPOINTMENTS
Three (3) appointments to the Planning
Commission due to the expiration of
terms of Kenneth F. Hersh, David K.
Cohn and C. Robert Frapwell (Alternate),
terms expiring April 17, 1993.
City Clerk Williams announced the
individuals receiving the highest
number of votes for the first Four-
Year Position were Kenneth F. Hersh
and William H. Slocumb.
City Clerk Williams announced the
individual receiving the highest
number of votes was Kenneth F. Hersh,
term expiring April 17, 1997.
Bakersfield, California, April 14, 1993 - Page 4
7. APPOINTMENTS continued
ACTION TAKEN
City Clerk Williams announced the
individuals receiving the highest
number of votes (tied) for the
second Four-Year Position were
R. Douglas Delgado and William H.
Slocumb.
City Clerk Williams announced the
individual receiving the highest
number of votes was R. Douglas Delgado,
term expiring April 17, 1997.
City Clerk Williams announced the
individuals receiving the highest
number of votes for the Alternate
Position were C. Robert Frapwell and
William H. Slocumb.
City Clerk Williams announced the
individual receiving the highest
number of votes was William H.
Slocumb, term expiring April 17, 1994.
Two (2) appointments to the Central
District Development Agency due to the
expiration of terms of Mel Rubin and
William Paynter, terms expiring April
22, 1993.
Mayor Price announced his appointments
of Albert R. Prince and Yvonne Cohrs.
Motion by McDermott to appoint Albert
R. Price and Yvonne Cohrs, terms
expiring April 22, 1997.
APPROVED
ABS BRUNNI
Two (2) appointments to the Historic
Preservation Commission due to the
expiration of terms of Randy Hurt (Ward
1) and James R. Parker, Jr. (Ward 2),
terms expired March 30, 1993.
Edwards announced he would like to
delay Ward 1 appointment.
Motion by DeMond to appoint Darlena
Akers (Ward 2), term expiring March
30, 1997.
APPROVED
Bakersfield, California, April 14, 1993 - Page 5
8. CONSENTCALENDAR
ACTION TAKE~[
Approval of Voucher Nos. 7666 to
8422 inclusive, in the amount of
$1,582,350.84 and Self Insurance
Voucher Nos. 2008 to 2262 inclusive,
in the amount of $267,130.94.
Minutes of Closed Session and Regular
Meeting of March 24, 1993.
Communication from:
Diane M. Andrews, President of
Temple Bethel, dated March 13,
1993, regarding the Council's
handling of the Ku Klux Klan
parade.
(Receive and place on file)
Clinton K. Armstrong, State of
California Controller's Office,
dated March 18, 1993, regarding
Fiscal Year 1991-92 Single Audit
Report Certification and Audit
Finding Resolution.
(Receive and place on file)
Paul Richards, Independent cities
Association President, dated March
26, 1993, requesting support of
the City of Alhambra in its
challenge of the FY 1992-93 State
budget legislation.
(Receive and refer to City Attorney
and Economic Development Department)
Full Reconveyance for Home Improvement
Loan for Juanita Dye, 1724 Montgomery.
(Ward 3)
Notices of Completion and acceptance
of work for:
Contract No. PW93-1 with Tri-County
Roofing for reroofing of the
Bakersfield Senior Center Carport,
completed March 16, 1993.
DEED 3691
REMOVED FOR
SEPARATE
CONSIDERATIO~I
Bakersfield, California, April 14, 1993 - Page 6
8. CONSENT CALENDAR continued
ACTION TAKEiN
eo 2.
Contract No. 92-237 with Castle &
Cooke Silver Creek, Inc., for Tract
No. 5617, Spring Creek Loop and
Harris Road, completed March 19,
1993.
Contract No. 92-141 with True Spirit
Homes and Centercal Properties for
Tract No. 5084, Phase 2, northwest
of Stockdale Highway and Jenkins
Road, completed April 1, 1993.
Resolution setting May 26, 1993 for
hearing a report of the Building
Director concerning the demolition of
dangerous buildings, confirmation of
the costs incurred, and hearing
protests or objections thereto.
(Ward 1)
Resolution amending Resolution No.
90-92 setting salaries and related
benefits for officers and employees
of the General Supervisory, Police
Supervisory and Management Units.
(Fire Marshall/Training Officer)
Improvement Agreements with Castle &
Cooke Silver Creek, Inc., for Tract
No. 5756, Phase A, Harris Road and
Reliance Drive. (Ward 4)
Agreement terminating Agreement No.
85-230 with J.L. Dandy Company
regarding improvements on Parcel Map
No. 7622 located at Colony Street and
Panama Lane. (Ward 7)
Agreement with Kern County Local
Agency Formation Commission (LAFCO)
to indemnify LAFCO for Bakersfield
Annexation No. 371, Brundage No. 4,
Proceeding No. 1128, located north
of Brundage Lane to Virginia Avenue
west of Industrial Street. (Ward 1)
Reimbursement Agreement with Koenig
Companies for oversizing of a sewer
pipeline along Calloway Drive.
(Ward 4)
RES 40-93
RES 41-93
AGR 93-66
AGR 93-67
AGR 93-68
AGR 93-69
AGR 93-70
183
Bakersfield, California, April 14, 1993 - Page 7
8. CONSENTCALENDAR continued
ACTION TAKEN
So
Cooperative Agreement with State of
California Department of Transport-
ation and Agreement with Caloak
Development Properties, Inc., for
widening of State Highway 99 at the
A.T.& S.Fo Railroad Overcrossing.
(Ward 5)
Cooperative Agreement with State of
California Department of Transport-
ation for landscaping improvements
for a portion of Union Avenue land-
scape medians and Rosedale Highway
landscape medians. (Wards 1 & 5)
Accept bids to award Annual Contracts
to National Sanitary Supply (78 items,
$20,822.90) and San Joaquin Supply Co.
(47 items, $13,668.07) for janitorial
supplies for Public Works Department.
Accept bid to award Contract to Gaskill
& Company ($147,913) for construction
of entrance road, parking lot and sewer
installation at the Kern River Parkway
Group Picnic Area. (Ward 5)
Accept bid to award Contract to General
Development & Construction ($145,500)
for construction of restroom/storage
building and security lighting at the
Kern River Parkway Group Picnic Area.
(Ward 5)
Accept bid to award Contract to W.M.
Lyles Co. ($48,865.70) for installation
of conduit between Bakersfield City
Hall and Development Services Building.
(Ward 2)
Accept bids from L.N. Curtis ($10,542.68)
and Halprin Supply Company ($5,845.13)
for fire hose.
Accept bid from Tekdraulics ($31,424.25)
for two pumps with motors for Wastewater
Treatment Plant No. 2.
Historic Preservation Commission 1992
Annual Report.
DELETED
AGR 93-71
CON 93-72
CON 93-73
CON 93-74
CON 93-75
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, April 14, 1993 - Page 8
8. CONSEN/CALENDAR continued
ACTION TAKEiN
Transmittal of the 1993-98 Capital
Improvements Program.
(Refer to Planning Commission for
conformance to the General Plan)
Vo
Appropriation of $10,000 from Habitat
Conservation Fees to Planning Department
Operating Budget in the Community
Improvement Fund.
Motion by DeMond to adopt Items (a) through
(v) of the Consent Calendar with the exception
e.l., 1. and q.
APPROVED
eo
Notice of Completion and acceptance of
work for:
Contract No. PW93-1 with Tri-County
Roofing for reroofing of the
Bakersfield Senior Center Carport,
completed March 16, 1993.
Motion by DeMond to adopt Item e.1. of
the Consent Calendar.
APPROVED
AB EDWARDS
qo
Accept bid to award Contract to W.M.
Lyles Co. ($48,865.70) for installation
of conduit between Bakersfield City
Hall and Development Services Building.
(Ward 2)
CON 93-76
Motion by McDermott to adopt Item q. of APPROVED
the Consent Calendar. NS BRUNNI
Bakersfield, California, April 14, 1993 - Page 9
9. HEARINGS
ACTION TAKEN
Protest hearing for Brundage No. 4
Annexation and inclusion into
Separation of Grade District located
north of Brundage Lane to Virginia
Avenue between Lakeview and Industrial
Street. (Ward 1)
McDermott absent due to a past conflict
of interest.
Smith announced'she would be absent.
No one spoke at hearing. Hearing closed.
Motion by Edwards to adopt Resolution
ordering the territory annexed to the
City of Bakersfield and included in the
Greater Bakersfield Separation of Grade
District.
RES 42-93
APPROVED
AB MCDERMOTT
SMITH
Public hearing as required by Resolution
of Intention 1104, to hear public testi-
mony regarding the assessments for
Maintenance District 5, Division 3
(Hosking & So. H). (Ward 6)
Staff recommends Council hold first
hearing for public testimony.
No one spoke at hearing. Hearing
closed.
Mayor Price announced this is the first
of two hearings to be held on this issue,
with no action required tonight. A
protest hearing will be held April 28,
1993.
Bakersfield, California, April 14, 1993 - Page 10
9. HEARINGS continued
ACTION TAKEN
Resolution amending Resolution No.
102-92 as amended by Resolution No.
194-92, adopting fees and service
charges pursuant to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code.
(Aquatic Fees)
Community Services Manager Andersen
introduced Recreation Supervisor
Robinson, who gave a brief presentation.
No one spoke at hearing. Hearing closed.
Motion by McDermott to approve the fee
schedule with a $10.o0 non-~esident fee
on Item S-64 under competitive swimming -
non-residents.
RES 43-93
APPROVED
NS EDWARDS
10.
REPORTS
Motion by McDermott to add a Budget and
Finance Committee Oral Report regarding
Gate Fees that arose after the agenda was
prepared and requires action tonight.
Budget and Finance committee Oral Report
regarding Gate Fees.
McDermott presented a brief summary of
the committee's concerns and impacts on
the City.
Motion by McDermott to allow Budget and
Finance Committee to continue meeting
with the County and authorize a draft
response to take to the County Board of
Supervisors' public meeting regarding
City concerns.
APPROVED
APPROVED
Bakersf±eld, Californ±a, April 14, 1993 - Page 11
10. REPORTS continued
ACTION TAKEN
Economic/Community Development Oral
Report No. i regarding Budget - CDBG
Block Grant Requests. (George Gonzales)
Dr. Jim Mahoney, Claude W. Richardson
Center teacher, spoke on the needs of
an outdoor learning environment.
Community Development Coordinator
Gonzales made a presentation.
Motion by McDermott to refer this
report to the Budget and Finance
Committee.
FAILED
NS EDWARDS
DEMOND
SMITH
SALVAGGIO
Brunni asked City take a hard look at
non-profit organizations.
City Manager Report No. 2 regarding
Budget Status.
City Manager Tandy provided Council
with a budget update stating that
City is within a few hundred thousand
dollars of balancing at levels of
budget reduction ranging from 5 - 15%
in each department; that incorporates
assumption that two significant
increased taxes will be increased:
Transit Occupancy and Cable Franchise
Fee, as well as a number of small
revenue sources; vacant positions and
Golden Handshake; two major revenue
sources not planned to be incorporated
into this year's budget: Utility User
Tax and City-Wide Parks Maintenance
District.
Salvaggio requested staff provide a list
of gas tax projects that are frozen.
Salvaggio requested graphs be in the
budget document showing ratio of
employees to population.
Salvaggio requested staff provide
Council with a short memo, clarifying,
in lay terms, Charter provisions dealing
with layoffs.
Bakersfield, California, April 14, 1993 - Page 12 ~.~3
11. DEFERRED BUSINESS
ACTION TAKEN
Ordinance amending Title 16 of the
Bakersfield Municipal Code relating to
mineral rights and subdivisions.
Motion by McDermott to adopt Ordinance.
ORD 3515
APPROVED
Zoning Resolution No. 417 setting forth
the decision of the City Council upon
the appeal of John Giumarra, Jr.
regarding the deletion of Berkshire
Road as a collector between South H
Street and Wible Road, overturning the
decision of the Planning Commission
(GPA 4-92, Segment IV). (Ward 7)
Motion by Salvaggio to adopt Zoning
Resolution.
APPROVED
NS KANE
ABS DEMOND
12. NEW BUSINESS
Ordinance amending Subsection H. of
Section 17.10.020 and repealing Section
17.10.025 of the Bakersfield Municipal
Code relating to model homes and
associated tract sales offices in the
R-1 Zone District.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-19 by prezoning property
west of Calloway Drive between Rosedale
Highway and Meacham Road (Calloway No.
5 Annexation). (Ward 4)
go
Ordinance amending Section 17.08.150 of
Title 17 of the Bakersfield Municipal
Code relating to special dwelling set-
backs.
Planning Director Hardisty made a
presentation.
Ordinance amending Section 14.16.020 of
the Bakersfield Municipal Code relating
to sewer service to County residents.
(Wards 1 - 7)
City Manager Tandy spoke regarding
covenants when properties are annexed.
FR
FR
FR
FR
Bakersf±eld, California, Apr±l 14, 1993 - Page 13
11. NEW BUSINESS continued
ACTION TAKEN
fJ
Ordinance repealing Section 12.044.035
of the Bakersfield Municipal Code
relating to sidewalk food sales and
adding Chapter 5.45 to the Bakersfield
Municipal Code relating to sidewalk
pushcart food vendors.
Finance Director Klimko introduced
City Treasurer Descary who provided a
brief review on this issue.
Ordinance amending Section 3.20.126 of
the Bakersfield Municipal Code relating
to leases of City-owned property.
Ordinance authorizing an amendment to
the Contract with the Board of
Administration of the Public Employee's
Retirement System making Government Code
Section 20818 applicable in the City of
Bakersfield for the purpose of encourag-
ing early retirement of permanent city
employees. (Golden Handshake)
Brunni requested, when the plan has
been implemented, to provide Council
with a list of the positions that took
advantage and positions that are vacant
and the overall savings.
FR
FR
ORD 3516
CON 93-77
Motion by Edwards to adopt as an
Emergency Ordinance.
APPROVED
ho
Emergency Ordinance adding Chapter 9.36
to the Bakersfield Municipal Code
relating to graffiti prevention and
abatement.
Brunni requested a letter be sent from
the Mayor to encourage judges to enforce
the City Ordinance on this issue.
McDermott requested Chief Brummer,s memo
be distributed to the media.
Motion by Edwards to adept Emergency
Ordinance.
Demond stated that it was agreed upon
in meeting with staff that businesses
have 30 days to comply with the Ordinance.
ORD 3517
APPROVED
Bakersfield, California, April 14, 1993
Page 14
12. NEWBUSINESS continued
ACTION TAKEN
Resolution of Intention No. 1106 to add
territory to existing Maintenance
District No. 1, Division 3; adopting,
confirming and approving Public Works
Director's Report; setting June 1 & 9,
~993 for hearing protests on the addition
of territory and confirming the 1993-94
assessment (Fruitvale). (Ward 4)
Motion by Brunni to adopt Resolution
of Intention.
APPROVED
j o
Resolution setting salaries for
temporary employees.
Assistant City Manager Stinson explained
the changes regarding salaries for
temporary employees.
Motion by Brunni to adopt Resolution.
RES 44-93
APPROVED
ABS EDWARDS
13. COUNCIL STATEMENTS
DeMond referred to staff correspondence
from Care Foundation to pursue and bring
back to Council.
Salvaggio referred to Legislative &
Litigation Committee the issue of AB 1485
regarding Emergency Medical Services (EMS)
published in the League of California cities
April 7, 1993 Legislative Bulletin.
Salvaggio requested correspondence from
McCorquodale, along with correspondence from
KernCog, to McCorquodale be distributed to
Council.
Salvaggio requested memo from himself
regarding South Beltway Corridor Study be
distributed to Council.
Brunni referred to staff for review and
comment the issue of LAFCO's April 27, 1993
hearing proposing increases in their fees.
Bakersfield, California, April 14, 1993
Page 15
13. COUNCIL STATEMEN/S continued
ACTION TAKEN
Brunni encouraged City Manager Tandy to
pursue our complaints in indemnification
agreements with LAFCO.
Brunni requested staff or Council to send
acknowledgement to the governor regarding
Decision 1630.
an
Brunni encouraged the Council to attend the
Private Property Rights Rally May 16, 1993.
Brunni referred to a letter from Boyle
Engineering, dated April 2, 1993, and
requested a copy of the response if it has
been responded to or, if not, an explanation
of why it has not been responded to.
Kane stated that on Item 10.a. regarding
CDBG requests, his vote should have been
'No'.
14. ADJOURNMENT
Motion by McDermott at 9:40 p.m.
APPROVED
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and EX Officio Clerk of the
Council of the City of Bakersfield, CA
APR14.MIN
5/20/93 9:31am