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HomeMy WebLinkAbout05/20/1992 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 20, 1992 193 CLOSED SESSION - 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, McDermott, Salvaggio (seated at 5:20) Councilmember Peterson Motion by McDermott to recess to City Manager's Conference Room for Closed Session at 5:20 p.m. APPROVED AB PETERSON closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the case of Amora, et al. vs city of Bakersfield. CITY ATTORNEY AUTHORIZED TO MAKE SETTLEMENT OFFER Closed Session pursuant to Government Code Section 54957 regarding City Manager Recruitment with Norman Roberts & Associates. A Report from the Consultant was heard. Closed Session pursuant to Government Code Section 54957.6 regarding 1992 Labor Negotiations with the City's chief Negotiator Bill Avery regarding Fire Unit, Fire Supervisory Unit, Police Unit and Police Supervisory Unit negotiations. INTEREST TO LABOR NEGOTIATION TO MAKE OFFER Bakersfield, California, May 20, 1992 - Page 2 CLOSED SESSION continued Motion by McDermott that the following Item 5. which arose after the Agenda was prepared and upon which action is required. COUNCIL ACTION APPROVED AB PETERSON Closed Session pursuant to government Code Section 54956.8 regarding real estate negotiations for the purchase of real property located at 1715 Chester Avenue, Bakersfield, from XVII Investors. AGR 92-120 DEED 3543 McDermott announced a motion was made to appropriate $900,000 in the General Fund Balance to the Public Works Capital Improvement Budget in the Capital Outlay Fund. APPROVED AB PETERSON McDermott announced a motion was made to approve the Draft Agreement with XVII Investors and A~TNA Life Insurance Company for the acquisition of land, improvements, property and appurtenances located at 1715 Chester Avenue, Bakersfield, California, for an amount not to exceed $875,000 (including sales commissions) plus closing cost with modifications to the agreement acceptable to the City Attorney. APPROVED AB PETERSON McDermott announced a motion was made to refer the acquisition of 1715 Chester Avenue for city offices to the Planning Commission for general plan consistency. APPROVED AB PETERSON REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501Truxtun Avenue, Bakersfield INVOCATION by Randy Rankin, Director, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE Bakersfield, California, May 20, 1992 - Page 3 195 ROLL CALL Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Salvaggio Councilmember Peterson COUNCIL ACTION CLOSED SESSION ACTION (if any) McDermott announced action taken on Closed Session Items as stated above. PRESENTATION Mayor Medders announced receipt of the Tranny Award for the Bakersfield Municipal Airport expansion and improvements. CONSENT CALENDAR Approval of Voucher Nos. 9941 to 10383 inclusive, in the amount of $1,006,320.25 and Self Insurance Voucher Nos. 2231 to 2264 inclusive, in the amount of $40,158.39. Minutes of the Workshop, Closed Session and Regular Meeting of April 22 and May 6, 1992, for approval. c. Communication from: John A. Rogers, 3535 Stine Road ~117, received April 28, 1992, regarding Clean Air Day. (Receive and refer to Public Works Department Traffic Engineer) 2 o William and Karen Blockley, 1915 Alta Vista Drive, received May 4, 1992, regarding request for vacation of alley adjoining their property. (Receive and refer to Planning Commission) Bakersfield, California, May 20, 1992 - Page 4 CONSENT CALENDAR continued Co 3. Patricia L. Harbison, Sequoia Engineering, Inc., 1430 Truxtun Avenue, Suite 720, dated May 8, 1992, requesting Tract 5504, 20.45 acres, at the northwest corner of Meacham Road and Calloway Drive, be included in an existing or a new Maintenance District. (Receive and refer to Public Works Department) COUNCIL ACTION Sharman Krauter Cummins, Kern Economic Development Corporation, P.O. Box 1312, dated May 12, 1992, regarding the Kern Economic Development Corporation Contract. (Receive and refer to Budget and Finance Committee) 5 o Herman Ruddell, Chairman, Central District Development Agency, dated May 12, 1992, regarding Report on the Convention Center Hotel. (Receive and refer to Urban Development Committee) Frank Fabbri, City of Bakersfield Parks Superintendent, dated May 8, 1992, regarding Maintenance District Budgets. (Receive and refer to Budget and Finance Committee) Notice of Completion and acceptance of work for Contract No. 91-215 with Loop Electric for traffic signal system on Stockdale Highway at Village Lane, completed May 7, 1992. Approval of Plans and Specifications for: Installation of dual compartment fuel tank at Fire Station No. 1. 2 o Demolition of two unreinforced City owned buildings. REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 197 Bakersfield, California, May 20, 1992 - Page 5 CONSENT CALENDAR continued Contract Change Order No. 5 to Contract No. 91-220 with Granite Construction Company, Inc. for the Bakersfield Municipal Airport Expansion. g. Final Map and Improvement Agreements: Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5504, Unit 1, consisting of 35 lots on 8.94 acres, located north of Meacham Road, west of Calloway Drive. 2 o Final Map and Improvement Agreements with Valley Land Ventures, Inc. for Tract 5441 "A", consisting of 114 lots on 32.4 acres, located north of Hageman Road, east of Jewetta Avenue. Resolution approving Cultural Resource Designation application by Wilson Call, property owner, for property located at 1701 B Street for placement on the Bakersfield Register of Historic Places. Resolution adopting Negative Declaration for the Rosedale Interchange Reconstruction. (Landscaping) Amendment No. 1 to Lease Agreement No. 91-72 with M'Liss Scott Akers and Ruth M. Lewis to operate the Airpark Galley & Grill Restaurant. Amendment No. 3 to Agreement No. 76-153 between the City of Bakersfield and Union Avenue County Sanitation District, Alta Verde County Sanitation District and East Niles Community Services District for implementing the City's Pretreatment Program within the user agencies' jurisdictions. Architect's Service Agreement with Pechin & Associates for the design of the new Fire Station No. 2 facility. COUNCIL ACTION AGR 92-101 AGR 92-102 AGR 92-103 AGR 92-104 RES 73-92 RES 74-92 AGR 92-105 REMOVED FOR SEPARATE CONSIDERATION DELETED Bakersfield, California, May 20, 1992 Page 6 CONSENT CALENDAR continued Award Annual Contract for paint and supplies to Sequoia Paint Company, Inc. in the amount of $7,872.68 and authorize the Mayor to execute the Contract. no Award Annual Contract for appraisals for real property to Affiliated Appraisers, Inc., in the amount of $11,625 and authorize the Mayor to execute the Contract. Oo Authorize the Finance Director to write off as uncollectible accounts receivable in various funds totaling $68,237.98. Motion by B~-unni to remove Items c.5., c.6. and k. for separate consideration. COUNCIL ACTION CON 92-107 CON 92-108 APPROVED AB PETERSON Assistant City Clerk announced the deletion of Item 1. Motion by DeMond to adopt items (a) through (o), with the removal of Items c.5., c.6., and k., and the deletion of Item 1, of the Consent Calendar. APPROVED AB PETERSON ko Amendment No. 3 to Agreement No. 76-153 between the City of Bakersfield and Union Avenue County Sanitation District, Alta Verde County Sanitation District and East Niles Community Services District for implementing the City's Pretreatment Program within the user agencies' jurisdictions. Motion by Brunni to approve and authorize the Mayor to execute the Agreement. AGR 92-106 APPROVED AB PETERSON Bakersfield, California, May 20, 1992 - Page 7 99 CONSENT CALENDAR continued Co 5o Herman Ruddell, Chairman, Central District Development Agency, dated May 12, 1992, regarding Report on the Convention Center Hotel. Motion by Brunni to refer to staff for review and recommendation and a report back to the full Council. COUNCIL ACTION APPROVED NS MCDERMO~ AB PETERSON Substitute motion by McDermott to refer to Urban Development Committee. FAILED NS EDWARDS DEMOND BRUNNI SALVAGGIO AB PETERSON Co 6. Frank Fabbri, City of Bakersfield Parks Superintendent, dated May 8, 1992, regarding Maintenance District Budgets. Motion by Brunni to refer to the Budget and Finance Committee APPROVED NS SALVAGGIO AB PETERSON PUBLIC STATEMENTS ao Marlina Romero regarding Friends Together Forever. Mike Clark, Kern Regional Center, and Jeff Wooden, Denny's Restaurant, regarding their contribution of $21,500 for playground equipment for disabled children and submitted correspondence. Motion by Brunni to refer correspondence to the City Manager. APPROVED AB PETERSON Bruce Keith, Downtown Business and Property Owners Association, thanked staff for the extension for the filing of the seismic safety analysis for unreinforced buildings and spoke regarding a more revitalized downtown. d. Tom DeNatale regarding Unreinforced Masonry Buildings amendments. Bakersfield, California, May 20, 1992 - Page 8 PUBLIC STATEMENTS continued Barbara Don Carlos, BIA of Kern County, regarding revisions to Ordinance amending Title 16. Cathy McNeill regarding revocation of Cheeseman's Towing Permit. COUNCIL ACTION 8 o HEARINGS Protest hearing for the Brimhall No. 1 Annexation and inclusion into the Greater Bakersfield Separation of Grade District, when contiguous thereto, located east of Jewetta Avenue, 600 +/- feet north of Brimhall Road. No one spoke at Hearing. Hearing closed. Motion by Brunni to adopt. RES 76-92 APPROVED AB PETERSON bo Protest hearing for the Brimhall No. 2 Annexation and inclusion into the Greater Bakersfield Separation of Grade District, when contiguous thereto, located east of Jewetta Avenue, 1,300 +/- feet north of Brimhall Road. No one spoke at Hearing. closed. Hearing Motion by Brunni to adopt. RES 75-92 APPROVED AB PETERSON Hearing finding that certain weeds growing on properties in the city of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to abate such nuisance. No one spoke at Hearing. Hearing closed. RES 77-92 Motion by Edwards to adopt. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 - Page 9 201 REPORTS ao Legislative and Litigation Committee Report No. 2-92 regarding Council Elections. Motion by Smith to accept Report. COUNCIL ACTION APPROVED AB PETERSON Motion by Smith to draft an ordinance that would change the election date of the Council to coincide with most County, State and Federal Elections in November of even numbered years. NAT Substitute motion by DeMond to take issue of changing Council Election to even numbered years on November ballot. APPROVED NS EDWARDS SMITH AB PETERSON Budget and Finance Committee Report No. 6-92 regarding Community Development Block Grant Application for Fiscal Year 92-93. Motion by McDermott to accept Report. CON 92-113 APPROVED AB EDWARDS PETERSON Budget and Finance Committee Report No. 7-92 regarding city Physician Contract. Contract for Professional Services with San Joaquin Industrial Medicine Associates. CON 92-109 Motion by McDermott to accept Report. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 - Page 10 10. ACTION ON BIDS ao Microwave Control System for Telecommunications. Motion by DeMond to accept low bid from Control Networks Corporation in the amount of $55,177.98. COUNCIL ACTION APPROVED AB PETERSON Construction of Police Storage Structure at 15th and H Streets and appropriation of $80,000 therefor. Motion by Salvaggio to accept low bid from Valley Steel Construction in the amount of $74,897, appropriate $80,000 Seized Property Revenue to the Police Department Capital Improvement Budget in the Capital Outlay Fund. CON 92-110 APPROVED AB PETERSON 11. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-32 by changing the Land Use Zoning of 22.9 acres located at the southwest corner of Brimhall and Coffee Roads from an M-1 Zone to a C-2 Zone. Motion by Brunni to Adopt. ORD 3461 APPROVED AB PETERSON Reconsideration of Revocation of Cheeseman's Towing Permit. Motion by Smith to deny the appeal and uphold the findings of the Police Department. APPROVED NS BRUNNI SALVAGGIO AB PETERSON Motion by McDermott to reschedule the Council meeting of June 2 to June 1 for Budget hearings; and reschedule the regular meeting of June 17 to June 24. All hearing dates set on June 17, 1992 will be heard on June 24, 1992. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 Page 11 ~i;~ 12. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 124-30 by prezoning property located north of Hoeking Avenue, 1,300 feet west of Union Avenue (Hoeking No. 4 Annexation, Ward 7). Ordinance amending Title 16 of the Municipal Code relating to sub- divisions. (Processing and Design Standards) Motion by McDermott to refer to the Urban Development Committee. COUNCIL ACTION FR FR APPROVED AB PETERSON Ordinance amending Section 17.12.010 and adding Section 17.12.060 to the Bakersfield Municipal Code relating to Residential Suburban Zones. Brunni asked staff to report back regarding animals in residential areas. FR ee Ordinance amending Section 17.08.125 of Title 17 of the Bakersfield Municipal Code relating to setback exceptions from streets. Ordinance amending Chapters 15.40 and Subsection A of 15.41.020 and Sub- section A of 15.41.030 of the Bakersfield Municipal Code relating to unreinforced masonry buildings. Resolution rescinding Resolution Nos. 6-74, 7-74 and 4-80 regarding the Retirement Appeals Board. Motion by DeMond to adopt. FR FR RES 78-92 APPROVED AB PETERSON Resolution establishing the Disability Retirement Review Committee and the Retirement Appeals Board. RES 79-92 Motion by DeMond to adopt. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 - Page 12 12. NEW BUSINESS continued h. Resolution adopting Motion by McDermott Investment Policy. to adopt. COUNCIL ACTION RES 80-92 APPROVED AB PETERSON Resolution consenting to annexation into County Service Area Nos. 12.1, 12.2, 12.3 and 12.10 for providing school crossing guards. Motion by Smith to adopt. RES 81-92 APPROVED NS BRUNNI AB PETERSON Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 368, LAFCO Proceeding No. 1112, Panama No. 11 Annexation. Motion by Salvaggio to adopt. RES 82-92 APPROVED AB PETERSON Resolution specifying that Calloway No. 4 Annexation shall, upon annexation, be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. Motion by Brunni to adopt. RES 83-92 APPROVED AB PETERSON Resolution specifying that Wible No. 11 Annexation shall, upon annexation, be included within the Greater Bakersfield Separation of Grade District, and setting hearing for objections thereto. RES 84-92 Motion by McDermott to adopt. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 - Page 13 12. NEW BUSINESS continued Resolution of Intention No. 1094 declaring the city's intention to establish Maintenance District No. 3, Division 5, and setting time and place for hearing protests to the proposed district (McKee Road). Resolution preliminarily adopting, confirming and approving the Public Works Director's Report; setting the boundaries of the proposed district; the fairness of the benefit formula; the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces (Resolution of Intention No. 1094, McKee Road). Motion by McDermott to defer Items m. and n. COUNCIL ACTION APPROVED AB PETERSON Ground Lease with Warner Cable for antenna site at Wastewater Treatment Plant No. 2. Motion by Edwards to approve. AGR 92-111 APPROVED AB PETERSON Agreement and Deeds with the Greater Bakersfield Separation of Grade District for transferring the Union Avenue Overcrossing Project to the City. Motion by DeMond to approve. AGR 92-112 DEED 3524 DEED 3525 APPROVED AB PETERSON qo Presentation to the City Council of the Fiscal Year 1992-93 Operating, Capital Improvements and Central District Development Agency Budgets. Assistant to the City Manager, John Stinson provided a brief overview of the Budget. Motion by DeMond to refer to Budget and Finance Committee and refer proposed reclassification to the Personnel Committee. APPROVED AB PETERSON Bakersfield, California, May 20, 1992 Page 14 12. NEW BUSINESS continued Prepay $167,610 to IBM Credit Corporation for the lease purchase of a Police Computer Aided Dispatch (CAD) hardware and software system and transfer Council Contingency therefor. Motion by McDermott to refer to Budget and Finance Committee. COUNCIL ACTION APPROVED AB PETERSON Four (4) appointments to the Community Advisory Council (Southeast Metropolitan Bakersfield Employment and Economic Incentive Area) due to the expiration of terms of Robert E. Lee Davis, Donald R. Farthing, Mary Helen Barro and Jason Bingham, terms expired December 31, 1991. Motion by Edwards to appoint James Sykes, term to expire January 1, 1993. APPROVED AB PETERSON 13. COUNCIL STATEMENTS McDermott mentioned the League bulletin regarding the Los Angeles riots and Federal action and stated to staff to keep records on everything because it is unknown what is going to be involved. Motion by McDermott to form an Ad Hoc Committee regarding the Airpark to meet and keep in touch with the Airpark Advisory Committee on a periodic basis. He recommended Edwards as Chairman, DeMond and McDermott. APPROVED AB PETERSON McDermott stated that Edwards has indicated he wishes to step down from the Centennial Committee. Motion by McDermott to appoint DeMond to serve on the Centennial Committee. APPROVED AB PETERSON McDermott referred "Permanent Employee" Ordinance to the Personnel Committee to review wording regarding "Permanent Employee" to "Full Time Regular Employee". Bakersfield, California, May 20, 1992 - Page 15 13. COUNCIL STATEMENTS continued DeMond asked staff to repair the "A/1 America City" sign in the Council Chambers. COUNCIL ACTION Motion by Smith to refer the issue of looking at an area in the northeast, fronting Columbus Avenue, from Haley Street on the West to an area just east of Mt. Vernon Avenue, including Panorama Gardens to be included in a Redevelopment area, to the Central District Development Agency and Urban Development Committee. APPROVED AB PETERSON Brunni stated it was terrific that the Bakersfield Municipal Airpark received the "Tranny Airport of the Year" award. Brunni requested the City Manager provide a report or an update on the Defibrillation Program. CLOSED SESSION continued Mayor Medders recessed to the City Manager's Conference Room to reconvene Closed Session at 9:20 p.m. APPROVED AB PETERSON See Page 1 for action taken during the reconvened Closed Session. 14. ADJOURNMENT Motion by McDermott at 9:35 p.m. APPROVED AB PETERSON ~~t .~. off,akers field, MAYOR of the City ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA bz