HomeMy WebLinkAbout02/12/1992 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 12t 1992
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
COUNCIL ACTION
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Society for Prevention of Cruelty to
Animals.
Melanie Dunwoody, Budget Analyst from the
city Manager's Office, introduced Marjorie
Blake, President, and Greg Honegger,
Treasurer, of the local S.P.C.A., who gave
a brief presentation about their proposal
to expand the Edison facility.
CLOSED SESSION
1. Closed Session pursuant to Government Code
Section 54957 regarding personnel matters:
a) Annual Evaluation - city Attorney
b) city Manager Recruitment Strategy
Staff
instructed to
obtain
proposals far
recruiting
firms to
recruit a Ci~
Manager.
Closed Session pursuant to Government Code
Section 54957.6 regarding 1992 Labor
Negotiations with the city's Chief
Negotiator Bill Avery regarding Blue and
White Collar, General Supervisory Unit,
Fire Unit, Fire Supervisory and Police Unit
negotiations.
Tentative
offer made to
Blue andWhite
Collar
Bargaining
Unit.
Bakersfield, California, February 12, 1992 - Page 2
CLOSED SESSION continued
Closed Session pursuant to Government Code
Section 54957.6 regarding the role of the
reclasslfication study in the negotiation
process.
COUNCIL ACTION
Compensation
Study to be
released to
EmpT,..4,eeunlts..
Motion by DeMond to recess to City
Manager's Conference Room for Closed
Session at 5:30 p.m.
APPROVED
Motion by DeMond to adjourn Closed
Session at 6:56 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Councilmember Peterson.
PLEDGE OF ALLEGIANCE by Joe Hay and Joe
Hansen, members of Scout Troop 177.
ROLL CALL
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
Councilmember Brunni
CLOSED EESSION ACTION (if any)
Medders announced the action as reflected
above.
Bakersfield, California, February 12, 1992 - Page 3
PRESENTATION
Presentation by Community Advisory
Council Chairperson Peter Parra to
Jason Bingham for three years of
service on the Community Advisory
Council.
COUNCIL ACTION
CONSENT CALENDAR
Approval of Voucher Nos. 6270 to 6835,
inclusive, in the amount of
$2,005,399.47, and Self Insurance
Voucher Nos. 1380 to 1481, inclusive,
in the amount of $81,714.95.
Minutes of the Workshop, Closed Session
and Regular Meeting of January 29, 1992,
for approval.
c. Communication from:
Christopher L. Harris, Vice
President, Harris Homes, Inc.,
2127 Palos Verdes Drive No.,
Lomita, CA, dated January 20,
1992, requesting a Landscape
Maintenance District for Tract
5432 located at the intersection
of Stine Road and Berkshire Road.
(Receive and Refer to Public Works
Department)
George W. Nickel, Jr., 6200 Lake
Ming Road, dated January 21, 1992,
regarding water in Northeast
Bakersfield.
(Receive and Refer to Water
Resources Committee)
Bakersfield, California, February 12, 1992 - Page 4
CONSENT CALENDAR continued
Co 3.
Ronald E. Brummett, Executive
Director, Kern Council of
Governments, 1401 19th Street,
Suite 200, dated January 6, 1992,
regarding Congestion Management
Program.
(Receive and Refer to Urban
Development Committee)
COUNCIL ACTION
de
Dedication of Properties:
Grant Deed from Fruitvale
Properties for a drainage
basin located east of Calloway
Drive, south of Meacham Road
(Ward 4).
Grant of Easement (Access
Easement) from Fruitvale
Properties for additional
right-of-way east of Calloway
Drive, south of Meacham Road
(Ward 4).
Sewer Line Easement (Permanent)
from Riverlakes Ranch Limited
Partnership, for construction of
a sewer line located south of
Meacham Road, east of Calloway
Drive (Ward 4).
Street Right-of-Way Deed from
Dennis W. DeWalt, Inc., et al.,
for additional right-of-way south
of Meacham Road, east of Calloway
Drive (Ward 4).
Domestic Water Line Easement
(Permanent) from Dennis W. DeWalt,
Inc., et al., for a water line
extension located south of Meacham
Road, east of Calloway Drive
(Ward 4).
DEED 3460
DEED 3461
DEED 3462
DEED 3463
DEED 3464
Bakersfield, California, February 12, 1992 - Page 5
CONSENT CALENDAR continued
do 6.
Grant Deed from Dennis W. DeWalt,
Inc., et al., for a retention
basin located south of Meacham
Road, east of Calloway Drive
(Ward 4).
Street Right-of-Way Deed from
Rancho Sierra, et al., for a
portion of Hosking Road, east of
South "H" Street (Ward 7).
Street Right-of-Way Deed from
Genevieve Myers for a portion of
Hosking Road, west of Monitor
Street (Ward 7).
Grant Deed (Corporation) from
Truxton Management Corporation for
a retention basin located east of
Akers Road, south of Berkshire
Road (Ward 6).
10.
Grant Deed (Corporation) from
Kyle Carter Homes, Inc., for a
retention basin located north of
Meacham Road, west of Calloway
Drive (Ward 4).
e. Maps and Improvement Agreements:
Final Map and Improvement
Agreements with The DeWalt Group,
Inc., for Tract 5573, Phase I,
consisting of 56 lots on 13 acres
located south of Meacham Road,
east of Calloway Drive (Ward 4).
Final Map and Improvement
Agreements with Tract 5445
Partners for Tract 5445, Phase I,
consisting of 11 lots on 3.1 acres
located east of Calloway Drive,
south of Meacham Road (Ward 4).
COUNCIL ACTION
DEED 3465
DEED 3466
DEED 3467
DEED 3468
DEED 3469
AGR 92-17
AGR 92-18
AGR 92-19
AGR 92-20
Bakersfield, California, February 12, 1992 - Page 6
CONSENT CALENDAR continued
Final Map and Improvement Warranty
Agreement with Castle & Cooke
Silver Creek, Inc., for
subdivision improvements completed
prior to approval of final map for
Tract 4902, Unit F, consisting of
21 lots on 5.4 acres located east
of Gosford Road, south of Harris
Road (Ward 4).
Notices of Completion and acceptance of
work:
Contract No. 91-167 with Granite
Construction Company for traffic
signal on Brimhall Road at Coffee
Road, completed January 31, 1992.
Contract No. 91-214 with Loop
Electric for traffic signal system
on "A" Street at Truxtun Avenue,
completed January 30, 1992.
Award bid for one-ton cab and chassis
to Jim Burke Ford in the amount of
$14,047.68 and transfer $26,000.00 from
General Fund Council Contingency to the
Equipment Management Fund, Public Works
Operating Budget.
Resolution agreeing to accept title
from the State of California for
parcels of right-of-way on Pierce Road,
north of State Route 178, and agreeing
to assume maintenance and control upon
State relinquishment.
Agreement with the County of Kern for
participation in the Work Release
Program.
Award Annual Contract for propane to
Suburban Propane in the amount of
$22,490.00 and authorize the Mayor to
execute the Contract.
COUNCIL ACTION
AGR 92-21
Moved to Page
12. Action on
Bids.
RES 21-92
AGR 92-22
AGR 92-23
Bakersfield, California, February 12, 1992 Page 7
CONSENT CALENDAR continued
Donation of fifteen (15) MT 500 Radios
(4 Channel) to Kern County Fire
Department.
Approval of Cultural Resource
Designation application by W. Andrew
Beeghly and Katherine Beeghly for
property located at 1701 "F" Street for
placement on the Bakersfield Register
of Historic Places (Ward 4).
Approval of Cultural Resource
Designation application by Ruby
McGregar for property located at
1808 "D" Street for placement on the
Bakersfield Register of Historic
Places (Ward 4).
Approval of Cultural Resource
Designation application by Curtis and
Peggy Darling and James R. Darling for
property located at 1626 19th Street
for placement on the Bakersfield
Register of Historic Places (Ward 4).
Motion by DeMond to adopt Items (a)
through (n), with the exception of
Items (g), (1), (m) and (n), of the
Consent Calendar.
COUNCIL ACTION
AGR 92-28
Moved to Pag~
17 - New
Business.
Moved to Pag~
18 - New
Business.
Moved to Page
18 - New
Business.
APPROVED
AB BRUNNI
PUBLIC STATEMENTS
Pat Black, representing Castle & Cooke
Development Corporation, 1000 Ming Avenue,
spoke in support of the Planning
Department's request to ask LAFCO for
reconsideration of their decision regarding
the Buena Vista No. 5 Annexation.
Motion by Salvaggio to recognize Ed Urner
to speak at this time.
Ed Urner, Dean Gay Real Estate, read a
letter to LAFCO urging reversal of their
denial of the southwest Bakersfield
annexation.
APPROVED
ABBRUNNI
Bakersfield, California, February 12, 1992 - Page 8
PUBLIC STATEMENTS continued
Motion by DeMond to recognize Ruby McGregar
to speak at this time.
COUNCIL ACTION
APPROVED
AB BRUNNI
Ruby McGregar spoke regarding the
Bakersfield Woman's Club becoming a
historical landmark.
HEARINGS
Hearing to consider the assessment
lists by the Fire Chief specifying
abatement performed, and description of
the properties upon which hazardous
weeds, debris, and waste matter were
removed.
No one spoke at Hearing. Hearing
closed.
Motion by Edwards to adopt Resolution
confirming the Report of the Chief of
the Fire Department regarding
assessment of properties in the City of
Bakersfield for weed and waste matter
abatement.
RES 22-92
APPROVED
ABBRUNNI
Hearing as required by Resolution of
Intention No. 1088, declaring the
City's intention to order the
establishment of Union Avenue
Maintenance District, confirming the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector (Resolution of Intention
No. 1088, Union Avenue) (Wards i & 2).
Communication has been received from
Anthony Cueto, Anthony Homes, 124 18th
Street; Mr. & Mrs. Aldon F. Brown,
151 East Truxtun Avenue; Mary & Leroy
Holley, 1427 Pearl Street, in
opposition to the proposed maintenance
district.
RES 23-92
61
Bakersfield, California, February 12, 1992 - Page 9
HEARINGS continued
Petitions have been received with
approximately 23 signatures opposing
establishing maintenance district.
The following individuals spoke
opposition to establishing the
maintenance district:
in
(i)
Robert Dean, Pentecostal Church
on Union Avenue;
(2) A1 Bennett, Econo-Air
Conditioning, 314 Union Avenue;
(3)
Yolanda Ansolabehere, part-owner
of property at 101 19th Street;
(4) Sam Sarullo, owner of five
parcels on Union Avenue;
(5) John Baxter Smith, 415 Union
Avenue (submitted document);
(6)
Anthony Pasquini, part-owner of
property on the corner of 19th
Street and Union Avenue;
(7) Charles Hashim;
(s)
Julia Lovranitz, Royal Palms
Motel, Copacabana Lounge and
Restaurant, 200 Union Avenue;
(9) Shashikant Patel, owner of
property on Grove Street; and
(10) Tom Carpenter, Merchants Meat
Company, 1420 Union Avenue.
Hearing closed.
COUNCIL ACTION
Bakersfield, California, February 12, 1992 - Page 10
HEARINGS continued
Motion by Edwards to adopt Resolution
establishing the Union Avenue
Maintenance District. confirming the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector.
COUNCIL ACTION
APPROVED
NS PETERSON
MCDERM6~i~?
AB BRUNNI
Salvaggio requested that staff make
available to Mr. Smith all materials
that have gone to Council on this
issue. on January 29th and this
evening. including the memo and
attached figures from the Economic
Development Department.
Hearing to consider a Resolution
adopting fees and service charges
pursuant to the Revenue/Cost
Comparison System under Chapter 3.70
of the Bakersfield Municipal Code.
No one spoke at Hearing. Hearing
closed.
Motion by McDermott to amend the fee
list, as follows:
S-56. City Softball Program:
Recover 50% of the total cost.
instead of 100%;
(2)
S-64. Swimming Lessons: Charge
$20 for the first child and $15
for each additional sibling.
instead of 100% cost recovery;
(3)
S-65. Swim Pool Rental: 100%
variable cost recovery. instead
of 100% recovery; and
continue the public Hearing to the
next Council meeting.
APPROVED
AB BRUNNI
Bakersfield, California, February 12, 1992 - Page 11
REPORTS
ao
Legislative and Litigation Committee
Report No. 1-92 regarding Warner Cable
Request.
Motion by Smith to accept Report.
COUNCIL ACTION
APPROVED
AB BRUNNI
Motion by Smith to implement the
recommendations.
APPROVED
AB BRUNNI
10. ACTION ON BIDS
Sedans, pickups, cab and chassis, and
van for various departments.
Motion by Peterson to accept bids from
Jim Burke Ford (27 vehicles,
$316,094.57) and State Contract
(1 vehicle, $12,902.50).
APPROVED
AB BRUNNI
Annual Contract for oil sand for street
maintenance.
Motion by Salvaggio to accept bid from
Industrial Asphalt in the amount of
$215,000.00.
CON 92-29
APPROVED
AB BRUNNI
Construction of Restroom-Storage
Facility at Jefferson Park (Ward 2).
Motion by DeMond to accept bid from
Hance Construction and electric in the
amount of $79,206.00, and authorize the
Mayor to execute the Contract.
CON 92-24
APPROVED
AB BRUNNI
Bakersfield, California, February 12, 1992 - Page 12
10. ACTION ON BIDS continued
Award bid for one-ton cab and chassis
to Jim Burke Ford in the amount of
$14,047.68 and transfer $26,000.00
from General Fund Council Contingency
to the Equipment Management Fund,
Public Works Operating Budget.
Motion by McDermott to adopt.
COUNCIL ACTION
APPROVED
AB BRUNNI
11. DEFERRED BUSINESS
Zoning Resolution No. 398 upholding the
decision of the Board of Zoning
Adjustment denying the reduction of
front yard and side yard setbacks at
2508 Agate Street.
Motion by Salvaggio to Adopt.
APPROVED
ABBRUNNI
Zoning Resolution No. 399, upon the
appeal of Emilie Butterfield and Mabel
Cessna, overturning the Planning
Commission decision to prezone the
southeast corner of Panama Lane and
Union Avenue to R-3 zoning, thereby
permitting the originally proposed C-2
zoning within Zoning Upon Annexation
No. 5253 (Ward 7).
Motion by Salvaggio to Adopt. APPROVED
ABBRUNNI
Bakersfield, California, February 12, 1992 - Page 13
11. DEFERRED BUSINESS continued
Agreement with Blue Cross for Blue
Cross Medical Indemnity Insurance.
Agreement with Blue Cross for
Callforniacare Insurance.
Motion by DeMond to approve Agreement
with Blue Cross for Blue Cross Medical
Indemnity Insurance, and authorize Mayor
to execute.
COUNCIL ACTION
AGR 92-25
AGR 92-26
APPROVED
AB BRUNNI
Motion by DeMond to approve Agreement
with Blue Cross for CaliforniaCare
Insurance, and authorize Mayor to
execute.
At the request of Councilmember
Salvaggio, Jeff Brown, Manager of Blue
Cross, was recognized and responded to
questions.
Salvaggio requested that Jeff Brown
provide a copy of Blue Cross' contract
with Memorial Hospital to the City
Clerk, to be distributed to each
Councilmember.
APPROVED
ABBRUNNI
12. NEW BUSINESS
Ordinance amending Chapter 5.18 of the
Bakersfield Municipal Code relating to
Residential Solicitations.
Ordinance amending Chapter 5.35 of the
Bakersfield Municipal Code relating to
Motion Pictures.
Ordinance amending Subsection A.1 of
Section 8.44.030 and Subsection C. of
Section 8.44.040 of the Bakersfield
Municipal Code relating to Fireworks.
FR
FR
FR
Bakersfield, California, February 12, 1992 - Page 14
12.
NEW
d.
fe
ge
BUSINESS continued
Ordinance amending Title Seventeen of
the Bakersfield Municipal Code and
Zoning Map No. 102-20 by changing the
zoning of properties in the City of
Bakersfield consisting of 24.85 acres
located at the southeast corner of
Calloway Drive and Meacham Road from an
R-2 Zone to an R-1 Zone (Ward 4).
Ordinance amending Title Seventeen of
the Bakersfield Municipal Code and
Zoning Map No. 103-13 by changing the
zoning of properties in the city of
Bakersfield consisting of 0.35 acre
located south of Panorama Drive and
west of Morning Drive from an R-3 Zone
to an R-1 Zone (Ward 3).
Ordinance amending Title Seventeen of
the Bakersfield Municipal Code and
Zoning Map No. 124-29 and 124-30 by
prezoning property south of Panama
Lane, east and west of Union Avenue
(Panama No. 11 Annexation, Ward 7).
Resolution specifying that Reina No. 1
Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District, and
setting hearing for objections thereto
(Ward 4).
Motion by McDermott to Adopt.
COUNCIL ACTION
FR
FR
FR
RES 24-92
APPROVED
AB BRUNNI
Resolution specifying that Noriega
No. i Annexation shall, upon
annexation, be included within the
Greater Bakersfield Separation of Grade
District, and setting hearing for
objections thereto (Ward 4).
RES 25-92
Motion by McDermott to Adopt. APPROVED
ABBRUNNI
Bakersfield, California, February 12, 1992 - Page 15
12. NEW BUSINESS continued
Resolution providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 362, LAPCO
Proceeding No. 1101, Brimhall No. 1
Annexation (Ward 4).
Motion by McDermott to Adopt.
COUNCIL ACTION
RES 26-92
APPROVED
ABBRUNNI
Resolution changing and modifying the
designations of existing maintenance
districts, restructuring the existing
numherlng system, and establishing
boundaries of new districts.
Motion by McDermott to Adopt.
RES 27-92
APPROVED
ABBRUNNI
Resolution of Intention No. 1089
calling a public hearing to determine
whether the public necessity, health,
safety or welfare requires formation of
an Underground Utility District within
designated area. (District No. 2,
Division 23, West Columbus Street)
(Ward 2)
Motion by DeMond to Adopt. APPROVED
ABBRUNNI
Bakersfield, California, February 12, 1992 - Page 16
12. NEW BUSINESS continued
Agreement with State of California to
purchase right-of-way at Wastewater
Treatment Plant No. 3. (Ward 4)
COUNCIL ACTION
AGR 92-27
DEED 3470
DEED 3471
Motion by McDermott to approve
Right-of-Way Contract for the sale of
.528 acres of Wastewater Treatment
Plant No. 3 to the State of California
for $10,172.00 and authorize the Mayor
to execute all documents necessary to
process the sale.
APPROVED
AB BRUNNI
Property Tax Administration Cost for
the 1991-92 Fiscal Year.
Motion by Peterson to transfer $13,000
from Council Contingency to the
Financial Services Operating Budget
within the General Fund.
APPROVED
ABBRUNNI
Declaring real property surplus to the
needs of the city and authorizing its
sale (4101 Pacheco Road). (Ward 6)
Motion by McDermott declaring the real
property located at the southwest
corner of Pacheco and Akers Roads
surplus and authorizing the Finance
Director to negotiate its sale.
APPROVED
AB BRUNNI
Bakersfield, California, February 12, 1992 - Page 17
12.
NEW
o.
BUSINESS continued
Two (Z) appointments to the Citizens'
Convention Center committee due to the
expiration of term of Judy Valenzuela
(Ward 5), term expired January 3, 1992;
and resignation of Maxine Simpson
(Ward 2), term expiring January 3, 1994.
DeMond deferred the Ward 2 appointment,
and announced that although interest
has been shown from outside that Ward,
she prefers to make the appointment
from Ward 2.
Motion by Peterson to reappoint Judy
Valenzuela (Ward 5), term to expire
January 3, 1995.
COUNCIL ACTION
APPROVED
AB BRUNNI
Denial of Buena Vista No. 5 Annexation
by LAFCO.
Peterson read letter from Brunni in
support of annexation.
Motion by Peterson to adopt Resolution
requesting reconsideration on the
decision by the Local Agency Formation
Commission on Buena Vista No. 5
Annexation (LAFCO Case No. 1085).
RES 28-92
APPROVED
ABBRUNNI
qe
Resolution approving Cultural Resource
Designation application by W. Andrew
Beeghly and Katherine Beeghly for
property located at 1701 "F" Street for
placement on the Bakersfield Register
of Historic Places (Ward 4).
RES 29-92
Motion by DeMond to adopt. APPROVED
ABBRUNNI
Bakersfield, California, February 12, 1992 - Page 18
12. NEW BUSINESS continued
Resolution approving Cultural Resource
Designation application by Ruby
McGregar for property located at
1808 "D" Street for placement on the
Bakersfield Register of Historic
Places (Ward 4).
Motion by DeMond to adopt.
COUNCIL ACTION
RES 30-92
APPROVED
AB BRUNNI
Resolution approving Cultural Resource
Designation application by Curtis and
Peggy Darling and James R. Darling for
property located at 1626 19th Street
for placement on the Bakersfield
Register of Historic Places (Ward 4).
Motion by DeMond to adopt.
RES 31-92
APPROVED
ABBRUNNI
13. COUNCIL STATEMENTS
Edwards requested the Public Works Director
and the Police Chief look into the matter
of people driving through the police access
driveways on the Gorrill Street cul-de-sac,
and come up with a resolution to that
problem.
McDermott discussed the Summary of
Expenditures document provided to the
Council at the request of the Budget and
Finance Committee. This document keeps
Council informed on expenditures and
estimated revenues.
Peterson read a letter from Brunni
regarding the International Arts and
Entertainment City Video Competition, and
referred this matter to the City Manager
for further review of the cost and benefits
of this project.
Bakersfield, California, February 12, 1992 - Page 19
13. COUNCIL STATEMENTS continued
$alvaggio requested that Economic
Development Director Wager, in
addition to writing Benton Park Center
and Thrifty Drug Store in Los Angeles
regarding graffiti, also write a letter
for Salvaggio to send to Thrifty.
COUNCIL ACTION
Salvaggio asked staff about the policy
regarding graffiti removal on private as
well as commercial property, and was
advised by Economic Development Director
Wager that repeat visits will be made to
residential properties; however, with
regard to commercial properties, the
intent was to do it one time and leave
any leftover paint with the property
owner, tenant or user at that location
and ask them to address it.
At the request of Salvaggio, DeMond read
Personnel Committee Report No. 2-92
regarding City Manager Selection Process.
City Manager Hawley advised that the issue
of expanding the policy regarding graffiti
removal will be placed on the Agenda for the
next Council meeting.
Edwards thanked Economic Development
Director Wager and staff for the excellent
job of communicating with all of the
property owners and providing Council with
all the information possible regarding the
Union Avenue landscape project.
Bakersfield, California, February 12, 1992 Page 20
14.
ADJOURNMENT
Motion by Peterson at 9:30 p.m.
COUNCIL ACTION
APPROVED
ABBRUNNI
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw