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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