HomeMy WebLinkAbout04/08/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 8, 1992
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL COUNCIL ACTION
Present: Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
2. Planning Commission Interviews.
Motion by McDermott that there be an APPROVED
opening statement by each of the 21
candidates for a maximum of 3 minutes,
after which Council would rank their top
5 choices, the City Clerk will tabulate
the rankings, and then Council would
interview the top 5 during the Regular
Meeting.
The following candidates made statements:
(1) Gerard J. Rodriguez, 5900 Poso Court,
Land Agent with Pacific Gas &
Electric Company;
(2) Barbara L. Norcross, 2408 San Emidio
Avenue, Realtor and Notary Associate
with Century 21 Locator;
(3) Jacquelyn Ann Kovacevic Kegley,
7312 Kroll Way, Professor at
California State University
Bakersfield;
(4) Dan B. Speare, 4912 Panorama Drive,
President /General Manager of Dan P.
Speare Broadcast Enterprises, Inc.;
(5) Ron Whisler, 704 Cherry Hills Drive,
Owner /Broker with Whisler &
Associates;
Bakersfield, California, April 8, 1992 - Page 2
2. Planning Commission Interviews continued
(6) George W. Nickel, Jr., 6200 Lake Ming
Road, Owner /Manager in farming and
real estate fields;
(7) Linda Kober, 600 Lansing Drive, Unit
#7, Subdivision Service Consultant
with Commonwealth Land Title Insurance
Company;
(8) James A. Glynn, 4512 Panorama Drive,
Professor of Sociology at Bakersfield
College (KCCD);
(9) L. Thomas Bayne, 6504 Bridgeport
Lane, Owner /President of Soils
Engineering, Inc.;
(10) C. Robert Frapwell, 1654 Olive Street,
Architect with BFGC, Inc.;
(11) Steven Michael Del Papa, 3101 Audubon
Drive, Loan Officer with Wells Fargo
Bank;
(12) Philip J. Amenta, 2111 Brite Street,
Self- employed Businessman;
(13) Stephen Earl Warren, 6521 Shreveport
Court, Vice President of Warren's
General Contractor, Inc.;
(14) Ronald Curtis Sprague, 20 Cypress
Street, Real Estate Agent, Rio Bravo
Realty;
(15) Joe E. McCaffree, 6900 Valley View
Drive, Apt. 163, Printer /Engraver
with Phoenix Suppliers;
(16) Ralph H. Poehner, 2609 Harmony Drive,
General Manager with Ralph's Piston
Ring Service;
(17) Clarence Benjamin Dickinson,
2801 Wible Road, Consumer Advocate
with Kilburn Human Services, Inc.;
COUNCIL ACTION
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Bakersfield, California, April 8, 1992 - Page 3
2. Planning Commission Interviews continued COUNCIL ACTION
(18) Lee Jamieson, 7600 Calle Cerea,
Manager /Project Development with
Jaco Oil Company;
(19) Jeffrey T. Andrew, 3100 Whitley
Drive, Senior Marketing Consultant
with ASU & Associates;
(20) John Diatte, 4701 Hasti Joy Court,
Self- employed Real Estate Broker;
and
(21) Richard D. Banner, 6700 Auburn,
Apt. 31, Self- employed Bookkeeper/
Real Estate Sales.
CLOSED SESSION
1. Closed Session pursuant to Government Code Instructed the
Section 54957.6 regarding 1992 labor Negotiator to
negotiations with the City's Chief continue to
negotiator Bill Avery regarding Fire Unit, meet with the
Fire Supervisory Unit, Police Unit and Police and Fire
Police Supervisory Unit negotiations. representatives
2. Closed Session pursuant to Government Code An offer was
Section 54956.9(a) regarding litigation in made to PG&E
the case of City of Bakersfield vs.
Pacific Gas and Electric Company. (street
lighting)
Motion by McDermott to recess to City APPROVED
Manager's Conference Room for Closed
Session at 6:10 p.m.
Motion by McDermott to adjourn Closed APPROVED
Session at 6:59 p.m.
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Bakersfield, California, April 8, 1992 - Page 4
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Reverend John Spurling,
Pastor, First Assembly of God Church.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Mayor Medders, Councilmembers
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
4. CLOSED SESSION ACTION (if any)
Medders announced the Closed Session
action as reflected on Page 3 above.
5. PRESENTATION
Medders presented a Proclamation to
Economic Development Director Wager
proclaiming April 20 -26, 1992, as National
Community Development Week in Bakersfield
to give recognition and thanks to all of
the entities, groups and individuals whose
devoted efforts have been significant in
making the Community Development Block
Grant Program effective for our low- and
moderate- income citizens.
McDermott recognized Mike Ammann for his
outstanding work with the Kern Economic
Development Corporation over the last
several years.
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Bakersfield, California, April 8, 1992 - Page 5
6. CONSENT CALENDAR COUNCIL ACTION
a. Approval of Voucher Nos. 8255 to
8892, inclusive, in the amount of
$1,977,730.24 and Self Insurance
Voucher Nos. 1750 to 1994 inclusive,
in the amount of $131,507.69.
b. Communication from:
1. Gene Mellinger, City Neon,
6540 Duncan Way, dated March 25,
1992, requesting vacation of a
portion of right -of -way at
2111 Brundage Avenue.
(Receive and Refer to Public
Works Department)
2. Deborah L. Stokes, Cuesta
Engineering, 5055 California
Avenue, Suite 218, dated
March 25, 1992, regarding
General Plan Amendment request
for 29.28 acres located at the
southwest corner of Panama Lane
and Wible Road.
(Receive and Refer to Planning
Commission)
3. Paul A. Jerdin, Bakersfield
Memorial Hospital, P.O. Box 1888,
dated March 30, 1992, requesting
the city sponsor additional tax
exempt bonds for expansion.
(Receive and Refer to Budget and
Finance Committee)
4. Maureen Cotner, City Personnel REMOVED FOR
Manager, submitting 1991 Civil SEPARATE
Service Annual Report. CONSIDERATION
(Receive and Place on File)
Bakersfield, California, April 8, 1992 - Page 6
6. CONSENT CALENDAR continued
C. Dedication of Properties:
1. Grant Deed from Wayne L. Vaughn,
Sr., for an exclusive water line
easement located north of
Stockdale Highway, east of
Jenkins Road. (Ward 4)
2. Grant Deed from John Balfanz
Homes, for an exclusive water
line easement located north of
Stockdale Highway, east of
Jenkins Road. (Ward 4)
3. Corporation Grant Deed from True
Spirit Homes and Centercal
Properties, Inc., for an
exclusive water line easement
located north of Stockdale
Highway, east of Jenkins Road.
(Ward 4)
4. Quitclaim Deed to Tenneco West,
Inc., located westerly of Renfro
Road, northerly of the Cross
Valley Canal. (Ward 4)
5. Street Right -of -Way Deed from
the Gartner Family Trust for
additional right -of -way on the
northwest corner of Real Road
and Elcia Drive. (Ward 5)
6. Sewer Line Easement (Permanent)
from Regional Mortgage Company,
Inc., for a sewer line located
along Hosking Avenue, westerly
of Wible Road. (Ward 6)
7. Sewer Line Easement (Temporary)
from Regional Mortgage Company,
Inc., for a sewer line located
along Hosking Avenue, westerly
of Wible Road. (Ward 6)
COUNCIL ACTION
DEED 3500
DEED 3501
DEED 3502
DEED 3503
DEED 3504
DEED 3505
DEED 3506
Bakersfield, California, April 8, 1992 - Page 7
6. CONSENT CALENDAR continued COUNCIL ACTION
C. 8. Sewer Line Easement (Permanent) DEED 3507
from Gold Mountain Group, Inc.,
for a sewer line located between
South "H" Street and Union
Avenue, north of Hosking Avenue.
(Ward 7)
9. Sewer Line Easement (Temporary) DEED 3508
from Gold Mountain Group, Inc.,
for construction of a sewer line
located between South "H" Street
and Union Avenue, north of
Hosking Avenue. (Ward 7)
d. Acceptance of Easement Deeds for DEED 3509
Airport Project. DEED 3510
e. Notices of Completion and acceptance
of work:
1. Contract No. 91 -157 with RSCO,
Inc., dba Rising Sun Company for
relocation of the Calloway Canal,
Assessment District No. 90 -1,
completed March 20, 1992.
2. Contract No. 91 -73 with True
Spirit Homes & Centercal
Properties, Inc., for Tract No.
5084, Phase 1, located north of
Stockdale Highway on Jenkins
Road, completed March 17, 1992.
3. Contract No. 91 -189 with Renfrow,
Inc., for Tract No. 5068, Unit C,
located southwest of Hageman
Road and Calloway Drive,
completed March 24, 1992.
4. Contract No. 91 -232 with
Fruitvale Properties for Tract
No. 5144, Unit 2, located
southeast of Patton Way and
Hageman Road, completed March 30,
1992.
Bakersfield, California, April 8, 1992 - Page 8
CONSENT CALENDAR continued
COUNCIL ACTION
f.
Agreement with Department of Motor
AGR 92 -64
Vehicles allowing the City to conduct
Class A and Class B license testing
for City employees.
g.
Amendment to Agreement No. 90 -165
REMOVED FOR
(Audit Contract) with Brown, Waits
SEPARATE
and Armstrong.
CONSIDERATION
h.
Agreement with Ability Janitorial
AGR 92 -65
Company for janitorial services at
Bakersfield Municipal Airport.
i.
Agreement with Panama -Buena Vista
AGR 92 -71
School District for after - school
activities. (Wards 4 & 6)
j.
Discount Agreement with Rain For Rent,
Bakersfield, for miscellaneous
irrigation supplies to be used by the
Parks Department.
k.
Resolution ordering the summary
RES 51 -92
vacation of City and public utilities
easement rights in the private access
easement in Lot 3 of Tract No. 4542.
(Ward 5)
1.
Award of Contract to Total Oilfield
AGR 92 -100
Services in the amount of $18,895.51
for construction of curb, gutter and
paving on Jewett Avenue between 31st
Street and 34th Street. (Ward 2)
M.
Offer by Rosamond Skypark for surplus
rotating beacon.
n.
Annual Report of the Historic
Preservation Commission.
Motion by McDermott to remove Item
APPROVED
6.g. for separate consideration.
Motion by Brunni to remove Item
APPROVED
6.b.4. for separate consideration.
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Bakersfield, California, April 8, 1992 - Page 9
6. CONSENT CALENDAR continued COUNCIL ACTION
Motion by McDermott to adopt Items APPROVED
(a) through (n), with the exception
of Items 6.g. and 6.b.4., of the
Consent Calendar.
g. Amendment to Agreement No. 90 -165 AGR 92 -67
(Audit Contract) with Brown, Waits
and Armstrong.
Motion by McDermott to approve the APPROVED
Agreement with Brown, Waits and NS EDWARDS
Armstrong and request the outside
auditor look at the City's
administration of the PERS Retirement
System.
b. 4. Maureen Cotner, City Personnel
Manager, submitting 1991 Civil
Service Annual Report.
Motion by Brunni to refer to APPROVED
Personnel Committee.
Motion by McDermott to move forward APPROVED
on the Agenda New Business Item
12.s. regarding two appointments to
the Planning Commission.
12. NEW BUSINESS
S. Two (2) appointments to the Planning
Commission due to the expiration of
terms of Teri A. Bjorn and C. Robert
Frapwell, terms expiring April 17,
1992.
City Clerk Williams announced the
five individuals receiving the
highest number of votes for the
4 -year term were Mr. Andrew,
Mr. Jamieson, Mr. Glynn, Mr. Sprague
and Ms. Kober.
Bakersfield, California, April 8, 1992 - Page 10
12. NEW BUSINESS continued COUNCIL ACTION
S.
City Clerk Williams announced the
five individuals receiving the
highest number of votes for the
Alternate position were Mr. Frapwell,
Mr. Andrew, Mr. Jamieson, Ms. Kober
and Mr. Rodriguez.
City Clerk Williams announced the
three individuals receiving the
highest number of votes for the
4 -year term were Mr. Andrew,
Mr. Jamieson and Ms Kober.
City Clerk Williams announced the
individual receiving the highest
number of votes for the 4 -year term
was Mr. Andrew.
City Clerk Williams again announced
the five individuals receiving the
highest number of votes for the
Alternate position were Mr. Frapwell,
and due to the elimination of
Mr. Andrew, next would be
Mr. Jamieson, Ms. Kober,
Mr. Rodriguez and Mr. Poehner.
City Clerk Williams announced the
three individuals receiving the
highest number of votes for the
Alternate position were Mr. Frapwell,
Mr. Jamieson and Ms. Kober.
City Clerk Williams announced the
individual receiving the highest
number of votes for the Alternate
position was Mr. Frapwell.
Motion by Brunni to appoint Jeff APPROVED
Andrew to the full term, term to
expire April 17, 1996; and C. Robert
Frapwell to the Alternate position,
term to expire April 17, 1993.
(NEW BUSINESS IS CONTINUED ON PAGE 22)
Bakersfield, California, April 8, 1992 - Page 11
7. PUBLIC STATEMENTS COUNCIL ACTION
a. Pete Leveroni, Chairman of the
Historic Preservation Commission,
5817 Sky Ranch Avenue, presenting the
1991 Annual Report of the Historic
Preservation Commission.
b. Shirley A. Stephenson, representative
for Child Guidance Guild of
Bakersfield, 1905 18th Street,
regarding application for Cultural
Resource Designation for the Guild
House.
C. The following individuals spoke
regarding the proposed food vendor
ordinance:
(1) Pearl Berman, 6108 Elm Street;
(2) John Varela, 4542 McGinnis
Street;
(3) Todd Hunter, P. 0. Box 102,
Frazier Park;
(4) Bill Bonderov, Route 4, Box 415;
(5) Teresa Fritz, 4708 Tobin Road;
(6) Roger Allen Davis, Sr., 2708
Brundage Lane;
(7) Mary J. Williams, 3217 Arnold
Street;
(8) Richard Armentrout, 1600 Rench
Road;
(9) Marilyn Hammons, 7401 Lucille
Avenue (submitted a letter);
(10) John Berry, 2520 Ashe Road, #C;
Bakersfield, California, April 8, 1992 - Page 12
7. PUBLIC STATEMENTS
C.
(11) Patricia Turner, P.O. Box 81022;
(12) Lynda Zimmerman, 3425 Wood Lane;
and
(13) William Snelling, 6200 Spice
Way, #7;
d. Wade Tavorn, 2824 Elm Street,
regarding the City's Retirement
Plan.
e. James Hudgins, 3001 "F" Street,
regarding auctioneer services for
surplus items.
f. Helen Weygand, Kern County Taxpayers
Association, 1415 18th Street, Suite
407, regarding the proposed action
to adjust to adjust the retirement
program (submitted a letter).
City Clerk Williams announced the deletion
of Item 12.q. regarding the Historic
Preservation Commission appointment
because it had been made at the meeting
of March 25, 1992.
COUNCIL ACTION
Bakersfield, California, April 8, 1992 - Page 13
8. HEARINGS
a. Appeal of the decision of the Board
of Zoning Adjustment approving a
Conditional Use Permit to allow a
second dwelling unit under the same
roof in a proposed house to be built
at 10800 Pitts Avenue. (Ward 3)
Dominic Eyherabide, 1331 "L" Street,
spoke in opposition to the Conditional
Use Permit.
Darrell Ward, 10800 Pitts Avenue,
spoke in support of the Conditional
Use Permit.
Dominic Eyherabide spoke in rebuttal
in opposition.
Darrell Ward spoke in rebuttal in
support.
Hearing closed.
Motion by Smith to uphold the decision
of the Board of Zoning Adjustment
approving the Conditional Use Permit.
b. Appeal hearing regarding Planning
Commission action on Zone Change 5243
at the southeast corner of California
Avenue and Oak Street. (Ward 2)
Jim Redstone, Simpson- VanCuren, Inc.,
2020 "K" Street, representing Lawton
Powers, the appellant, spoke in
support of the request for C -2 Zone
Change.
COUNCIL ACTION
APPROVED
Bakersfield, California, April 8, 1992 - Page 14
8. HEARINGS continued
b.
The following individuals spoke in
opposition to the request for a C -2
Zone Change:
(1) John Moore, 3030 Park Way;
(2) Judith Worley, 3031 Park Way;
(3) Vanessa Vangel, 3006 Park Way;
(4) Doreen Freeman, 3007 San Emidio;
(5) Carol Evans, 3024 Park Way;
(6) Barbara Thomas; and
(7) Tom Downs, 3015 Park Way
(submitted letter from Lamar
Curley 3131 Park Way).
Jim Redstone spoke in rebuttal in
support.
The following individuals spoke again
in rebuttal in opposition:
(1) Judith Worley;
(2) Carol Evans; and
(3) John Moore.
Hearing closed.
Jim Redstone was recognized and
responded to questions from Salvaggio
and DeMond.
COUNCIL ACTION
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Bakersfield, California, April 8, 1992 - Page 15
8. HEARINGS continued COUNCIL ACTION
b.
Edwards called for the question.
Motion by DeMond to deny appeal and APPROVED
approve the Negative Declaration and NS BRUNNI
C -1 (rather than C -2) Zone with PETERSON
conditions recommended by Staff.
DeMond requested staff review whether
the drive - through issue can be
controlled sufficiently through the
site plan review process, rather than
having to go through a CUP, and
report back to Council within a
reasonable period of time.
C. Hearing as required by Resolution of
Intention No. 1090, declaring the
City's intention to order the
establishment of Maintenance District
No. 3, Division 5, confirming the
assessment and authorizing collection
of assessments by the Kern County Tax
Collector (Resolution of Intention
No. 1090, McKee Road). (Ward 6)
No one spoke at Hearing. Hearing
closed.
Motion by McDermott to continue APPROVED
Hearing to May 6, 1992.
Motion by Smith for five - minute recess at APPROVED
9:40 p.m.
The meeting reconvened at 9:45 p.m.
Bakersfield, California, April 8, 1992 - Page 16
8. HEARINGS continued
d. Protest hearing for the Stine No. S
Annexation. (partially covered canal
located at the southwest corner of
Belle Terrace and Stine Road)
(Ward 5)
Roy Saunders, Jaco Hill Company,
3101 State Road, spoke in support of
the annexation.
Hearing closed.
Motion by Peterson to adopt Resolution
ordering the territory annexed to the
City of Bakersfield.
e. Protest hearing for the Reina No. 1
Annexation and inclusion into the
Greater Bakersfield Separation of
Grade District. (Ward 4)
Communication has been received from
North Bakersfield Recreation & Park
District, 405 Galaxy Avenue, dated
March 31, 1992, stating that they
are not opposed to this annexation
as long as they continue to be the
park and recreation provider in the
area, and requesting that there be
no reduction of their tax base as a
result of this annexation.
No one spoke at Hearing. Hearing
closed.
Motion by Brunni to adopt Resolution
ordering the territory annexed to the
City of Bakersfield and included in
the Greater Bakersfield Separation of
Grade District.
COUNCIL ACTION
RES 52 -92
RES 53 -92
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Bakersfield, California, April 8, 1992 - Page 17
HEARINGS continued COUNCIL ACTION
f. Protest hearing for the Noriega No. 1 RE'S 54 -92
Annexation for inclusion into the
Greater Bakersfield Separation of
Grade District. (Ward 4)
No one spoke at Hearing. Hearing
closed.
Motion by Brunni to adopt Resolution APPROVED
including the territory designated as
Noriega No. 1 Annexation, upon
Annexation in the Greater Bakersfield
Separation of Grade District.
g. Hearing to consider Conditional Use
Permit No. 5306 to allow a
recreational facility, including food
and beverage service, incidental
therapeutic service and incidental
retail sales in an R -1 Zone located
at 3500 21st Street (Courthouse
Facility). (Ward 5)
John Willingham, Commercial Real
Estate Broker, spoke in support of
the Conditional Use Permit.
Hearing closed.
Motion by Peterson to approve. APPROVED
E
Bakersfield, California, April 8, 1992 - Page 18
REPORTS
COUNCIL ACTION
a. Personnel Committee Report No. 4 -92
regarding Temporary Unit Salaries.
1. Resolution amending Resolution
RES 55 -92
No. 148 -88 setting salaries and
related benefits (Temporary
Unit).
Motion by DeMond to accept Report.
APPROVED
Motion by DeMond to implement
APPROVED
recommendations and adopt Resolution.
b. Personnel Committee Report No. 5 -92
regarding Labor Negotiator Contract
Renewal.
1. Agreement with William Avery & AGR 92 -68
Associates for negotiations and
consultant services in employer -
employee relations.
Motion by DeMond to accept Report, APPROVED
implement recommendations, approve NS BRUNNI
Agreement and authorize the Mayor to
execute.
x
Bakersfield, California, April 8, 1992 - Page 19
9. REPORTS continued COUNCIL ACTION
C. Urban Development Committee Report
No. 3 -92 regarding Amendment to
Section 12.44.035 of the Bakersfield
Municipal Code relating to Parade
Vendors.
1. Ordinance amending Section
12.44.035 of the Bakersfield
Municipal Code relating to
parade vendors.
Communication has been received from
Anna L. Touchstone, 6705 Olympia
Drive, dated April 7, 1992, opposing
the possible revocation of local
street vendors in the downtown area.
Communication has been received from
Nancy R. Smith, 3840 Millay Way,
dated April 7, 1992, opposing the
possible amendment to the street
vendor ordinance.
Communication has been received from
Will Garner, 5318 Fairfax Road, #D,
dated April 8, 1992, opposing banning
of sidewalk pushcart vendors.
Communication has been received from
Aaron Riley Parker, 5205 Eastridge
Court, dated April 8, 1992, opposing
banning of sidewalk pushcart vendors.
The Clerk's Office has received 7
telephone calls from the public in
support of pushcart vendors.
Notion by Peterson to accept Report. APPROVED
Motion by Peterson to implement NAT
recommendations and give first
reading to the Ordinance.
I C4
Bakersfield, California, April 8, 1992 - Page 20
9. REPORTS continued COUNCIL ACTION
C.
Motion by Edwards to recognize APPROVED
Mary Williams who spoke and
apologized for racial comments made
earlier by another speaker.
Substitute motion by Salvaggio to APPROVED
refer this back to the committee with
the stipulation that a few
representatives from the hot dog
vendors come before the committee
and try to iron out those differences
such as liability insurance.
10. ACTION ON BIDS
a. Used sedan. (replacement - Police
Department)
Motion by Peterson to transfer $7,500 APPROVED
from Self Insurance to Equipment
Management Fund; appropriate $12,000
fund balance to the Public Works
Operating Budget within the Equipment
Management Fund and authorize the
Finance Director to purchase one used
sedan, not to exceed $12,000.
b. Mechanics service truck. (replacement
- Water Department)
Motion by Brunni to accept low bid APPROVED
from Jim Burke Ford in the amount of
$45,394.45.
Bakersfield, California, April 8, 1992 - Page 21
10. ACTION ON BIDS continued COUNCIL ACTION
C. Cab and chassis. (replacement -
Equipment Management)
Motion by Salvaggio to accept low bid APPROVED
from Central Valley Tnzck Center in
the amount of $57,508.50.
d. Concrete block pumphouses for Ashe CON 92 -69
Water Well Nos. 28 and 29, located on
Harris Road east of Caracas and on
Brimhall east of Allen Road,
respectively. (Wards 4 & 6)
Motion by Brunni to accept low bid APPROVED
from Kern County Construction, Inc.,
in the amount of $50,798 and
authorize the Mayor to execute the
Contract.
11. DEFERRED BUSINESS
a. Ordinance amending Section 1.12.040 ORD 3455
of the Bakersfield Municipal Code
relating to Ward Boundaries.
(Ward 4)
b. Ordinance amending Title 17 of the ORD 3456
Bakersfield Municipal Code and Zoning
Map No. 123 -13 representing Zone
Change 5245. (White Lane and "H"
Street) (Ward 7)
Motion by Brunni to adopt Items Il.a. APPROVED
and 11.b.
Y e)]
Bakersfield, California, April 8, 1992 - Page 22
11. DEFERRED BUSINESS continued COUNCIL ACTION
C. Zoning Resolution No. 400 granting
the Conditional Use Permit to the
Mesa Merin Raceway to operate until
March 25, 2012 in an RS-2-kA Zone at
11000 Kern Canyon Road. (Ward 3)
Motion by McDermott to Adopt. APPROVED
NS DEMOND
SMITH
d. Agreement with Castle & Cooke AGR 92 -70
Development Corporation for the
development of Silver Creek Park.
(Ward 4)
Motion by Brunni to approve and APPROVED
authorize the Mayor to execute the
Agreement.
12. NEW BUSINESS (CONTINUED)
a. Ordinance amending Subsection A. of FR
Section 17.58.060 of the Bakersfield
Municipal Code relating to lighting
off - street parking areas.
b. Ordinance amending Section 5.56.030 FR
of Chapter 5.56 of the Bakersfield
Municipal Code relating to transient
outdoor businesses.
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Bakersfield, California, April 8, 1992 - Page 23
12. NEW BUSINESS continued
C. Resolution of Intention to approve an
amendment to Contract between the
Board of Administration of the Public
Employees' Retirement System and the
City Council of the City of
Bakersfield.
Salvaggio asked staff to respond to
Kern Tax's letter in a memo to Council
on the actuarial study. Be also asked
staff to provide Council with
responses to some of the statements
made by the Executive Director of Kern
Tax in the article in Sunday's paper.
Motion by Salvaggio to Adopt.
d. Ordinance authorizing amendment to
Contract with the Board of
Administration of the California
Public Employees' Retirement System
providing pensions for Local
Miscellaneous members in accordance
with Section 21251.132 of the
California Government Code.
In accordance with the settlement of
labor contract negotiations, the City
agreed to implement PERS 2% at 55 for
Miscellaneous Employees. This
Ordinance amends our existing contract
with PERS effective June 20, 1992
(Government Code Section 20460).
Pursuant to Government Code Section
7507, the future annual cost as
determined by the actuary is 3.961%
of base salary, including ongoing
costs and payment for the unfunded
liability, equivalent to $941,745.
COUNCIL ACTION
RES 56 -92
APPROVED
NS BRUNNI
1Y.,,
12
Bakersfield, California, April 8, 1992 - Page 24
NEW BUSINESS continued
COUNCIL ACTION
e. Resolution approving a Memorandum of
RES 57 -92
Understanding for the employees of
the Blue and White Collar Units of
the City of Bakersfield for salaries
and related benefits, and adopting
salary schedule.
Motion by Edwards to adopt Resolution,
APPROVED
with the understanding that Article
NS BRUNNI
XVI is contingent upon completion of
the process prescribed by G.C. 7507
and 20460.
Motion by Edwards to appropriate APPROVED
$204,750 from Council Contingency to
operating department budgets in the
General Fund.
f. Resolution setting salaries and RES 58 -92
related benefits for employees of the
General supervisory and Management
Units.
Motion by DeMond to adopt Resolution, APPROVED
with the understanding that Section NS MCDERM=7
19 is contingent upon completion of BRUNNI
the process prescribed by G.C. 7507 SALVAGGIO
and 20460.
Motion by DeMond to appropriate APPROVED
$155,650 from Council Contingency to
operating department budgets in the
General Fund.
3 ).j
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Bakersfield, California, April 8, 1992 - Page 25
12. NEW BUSINESS continued COUNCIL ACTION
g. Resolution proposing Expansion No. 1 RES 59 -92
of the boundaries of the Southeast
Metropolitan Bakersfield Incentive
Area. (Ward 1)
McDermott advised that due to a
potential conflict of interest, he
would be absent during the action
on this item.
Smith advised that due to a potential
conflict of interest, she would be
absent during the action on this
item.
Motion by Edwards to adopt Resolution APPROVED
and submit expansion request to the AB MCDERMOTT
California Department of Commerce. SMITH
h. Resolution providing for the RES 60 -92
adjustment of property tax revenues
upon local agency jurisdictional
change resulting from Annexation
No. 367, LAFCO Proceeding No. 1110,
Panama No. 10 Annexation. (Ward 7)
Motion by Salvaggio to Adopt. APPROVED
i. Resolution specifying that Brimhall RES 61 -92
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 Brunni to Adopt. APPROVED
12
Bakersfield, California, April 8, 1992 - Page 26
NEW BUSINESS continued COUNCIL ACTION
j. Resolution specifying that Brimhall RES 62 -92
No. 2 Annexation shall, upon
annexation, be included within the
Greater Bakersfield Separation of
Grade District, and setting hearing
for objections thereto. (Ward 4)
Motion by Brunni to Adopt. APPROVED
k. Resolution authorizing the Public RES 63 -92
works Director or his designee to
accept certain deeds or grants
conveying an interest in or easement
upon real property for public
purposes.
Motion by McDermott to Adopt. APPROVED
NS BRUNNI
1. Resolution approving Cultural RES 64 -92
Resource Designation application by
Shirley A. Stephenson (representative
of the Child Guidance Clinic of
Bakersfield, Inc.) for property
located at 1905 18th Street for
placement on the Bakersfield Register
of Historic Places.
Motion by DeMond to Adopt. APPROVED
M. License Agreement with County of Kern AGR 92 -66
for evening and weekend use of the
County Administrative Services
parking structure.
Motion by Peterson to approve and APPROVED
authorize the Mayor to execute the
Agreement.
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Bakersfield, California, April 8, 1992 - Page 27
12. NEW BUSINESS continued COUNCIL ACTION
n. Contract with Ed Rodgers, Auctioneer, CON 92 -72
for auctioneer services for surplus
items (not vice seizure).
Motion by Salvaggio to accept proposal APPROVED
from Ed Rodgers, Auctioneer, for
auctioneer services with full
compensation to be 8% of the gross
amount sold and authorize the Mayor
to execute the Contract.
o. Contract with Nationwide Companies CON 92 -73
for auctioneer services for seized
real property.
Motion by McDermott to accept proposal APPROVED
from Nationwide Companies for
auctioneer service and authorize the
Mayor to execute the Contract.
P. Settlement of litigation with Valley AGR 92 -74
Federal Savings and Loan. AGR 92 -75
AGR 92 -76
DEED 3511
Motion by Peterson to approve APPROVED
Settlement and authorize the Mayor
to execute Settlement Agreement,
Purchase Agreement and License
Agreement, and execute all other
documents necessary to effectuate
transfer of property.
q. One (1) appointment to the Historic DELETED - SEE
Preservation Commission due to the PAGE 12
expiration of term of Gwen Hare
(Ward 5), term expired March 30, 1992.
Bakersfield, California, April 8, 1992 - Page 28
12. NEW BUSINESS continued
r. One (1) appointment to the Central
District Development Agency due to
the expiration of term of Diane Dunn,
term expiring April 22, 1992.
Medders advised he had no
recommendation at this time and would
carry over this appointment to the
meeting of April 22, 1992.
S. Two (2) appointments to the Planning
Commission due to the expiration of
terms of Teri A. Bjorn and C. Robert
Frapwell, terms expiring April 17,
1992.
13. COUNCIL STATEMENTS
Brunni asked about the status of the
Coffee Road bridges, noting that she had
seen no activity for several months.
Assistant Public Works Director Kloepper
responded that the oil line relocation is
being held up because of the permitting
processes through the various environmental
agencies; however, work is expected to
start any day.
Brunni requested staff to check on the
progress of the street lights in the
Silver Creek area that need to be sticking
out onto Gosford Road.
Brunni asked staff to follow up on a letter
written by the City Manager to Joe Drew,
dated March 5, 1992, regarding some fair
housing issues. She indicated she had no
knowledge of a response.
COUNCIL ACTION
SEE PAGES 9
AND 10 FOR
COUNCIL ACTION
r ..
Bakersfield, California, April 8, 1992 - Page 29
13. COUNCIL STATEMENTS continued COUNCIL ACTION
Brunni asked when there was going to be
water in Lake Truxtun.
Water and Sanitation Manager Dow responded
that it is expected that water will be put
into the lake in early May, but it will
only be there for a very short period of
time.
Brunni stated she had not contacted the
press regarding the issue of 2% at 55.
Motion by Salvaggio to refer to the Water APPROVED
Board a letter from the Cawelo Water
District regarding a request for May 27th
participants meeting on future use,
operation and control of the Cross Valley
Canal.
Salvaggio directed staff to contact Cal
Trans, as well as Ron Brummett and
Supervisor Larwood, regarding getting the
necessary approvals to move forward with
the equestrian trail underneath the 24th
Street bridge.
McDermott advised he received a letter
from Congressman Dooley regarding a
seminar being held on the Voting Rights
Act around April 24th, and he suggested
City Attorney staff might be interested
in attending.
Motion by McDermott to refer to the Budget APPROVED
and Finance Committee the funding issues
mentioned in City Manager Hawley's memo
regarding the future of the Bakersfield
Dodgers stadium.
e� �l
Bakersfield, California, April 8, 1992 - Page 30
13. COUNCIL STATEMENTS continued COUNCIL ACTION
McDermott stated he thought it was good
that the new Planning Commissioner, as
well as several Mayoral candidates, were
at this meeting and getting involved to
see what is happening at the Council.
Motion by Smith to refer to the APPROVED
Legislative and Litigation Committee a
letter from the Kern Child Abuse
Prevention Council asking for Council's
support.
Motion by Edwards to refer to the Budget APPROVED
and Finance Committee a memo regarding the
strategic planning and training for the
Bakersfield Municipal Airport.
Brunni referred to staff letters from
residents, business owners and employees
who work on the Truxtun Extension
regarding a stop going across the Truxtun
Extension to allow pedestrians at Mohawk.
She also asked if there is a way to
program this thing, if it can be done so
it operates before 7 a.m. and after
5:45 p.m. and on weekends, so that it
does not stop the rush hour traffic.
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Bakersfield, California, April 8, 1992 - Page 31
14. ADJOURNMENT
COUNCIL ACTION
Motion by Peterson at 11:30 p.m. APPROVED
AB EDWARDS
MAIOR of the City of Bakersfield, CA
ATTEST:
CITY CLERX and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw