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
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