HomeMy WebLinkAbout12/09/1992 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 9, 1992
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL
ACTION TAKEN
Present:
Absent:
Councilmembers Edwards, DeMond,
Brunni, Peterson (seated at 5:40),
McDermott, Salvaggio (seated at
6:00)
Mayor Medders, Councilmember Smith
SMALL BUSINESS VENTURE LOAN FUND.
Economic Development Director Wager explained
the program, to provide small business loans
to companies and individuals unable to obtain
commercial financing or with inadequate personal
financial resources; and introduced Jeff Johnson,
Director of the Small Business Development Center,
who spoke and distributed pamphlets to Council.
EMPLOYEE HEALTH BENEFITS.
Assistant to the City Manager Stinson
introduced Herb Kaighen of Miller, Mason and
Dickenson, City of Bakersfield's health
care consultant, who gave an over-view of
recommendations.
Motion by McDermott to add Closed Session
item which arose after the agenda was
prepared.
APPROVED
AB MEDDERS
SMITH
Motion by McDermott to recess for Closed
Session at 6:10 p.m.
APPROVED
ABMEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 2
CLOSED SESSION
ACTION TAKEN
Closed Session pursuant to Government
-Code Section 54956.9 regarding potential
litigation.
COUNCIL
ACCEPTED THE
REOO~9~;DATI~V
OF STAFF AND
DIRECTED THE
CITY ATTORNEY
TODRAFTA
STATEMENT
DESCRIBING T~
CITY ' S
POSITION ON
SCHOOL FEES,:
TO BE RRLF. a. SI~9
AS SOON AS
POSSIBLE.
Motion by DeMond to adjourn Closed Session
at 6:50 p.m.
APPROVED
AB MEDDERS
SMITH
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Ed Meissner, Chaplain, First Assembly of God
Church.
2. PLEDGEOFAIIFGIANCEby Robert Harper, Boy Scout Troop No. 712.
3. ROLE CALL
ACTION TAKEN
Present:
Absent:
Mayor Medders, Councilmembers
Edwards, DeMond, Brunni, Peterson,
McDermott, Salvaggio
Smith
CLOSED SESSION ACTION (if any)
City Attorney Lunardini announced the Closed
Session action as reflected on Page 2.
PRESENTATION
Presentation of retirement plaque to
Fred Roberts, Sanitation Division
Assistant Superintendent, for 34 years
of service to the City of Bakersfield.
Mayor Medders announced the presentation
took place in the Mayor's office today.
Bakersfield, California, December 9, 1992 - Page 3
$4
5. PRESENTA~ON continued
ACTION TAKEN
Mayor Medders introduced Chief of Police Brummer.
Mayor Medders presented to Councilmember Peterson
a plaque with a clock for 5 years of service.
Presentation of "Clean Air Award" to
Mayor and Council by Gene Tackett,
Chairperson for Transportation and Land
Use Task Force.
Vice-Mayor McDermott introduced Gene
Tackett, who presented the "Clean Air
Award".
6 . PUBUC STATEMENTS
7. APPOINTMENTS
ao
Ten (10) appointments to the Community
Advisory Council, due to the expiration
of terms of Ana Rosa Rodriguez, Douglas
Newhouse, Fred Rodriguez, Raymond Zeoli,
Marcus Asay, James Sykes, Lynn Edwards,
Pat DeMond, David Lyman and John F.
Wager, terms expiring December 31, 1992.
Motion by Edwards to defer to a January
meeting.
One (1) appointment to the Public
Facilities Corporation due to the
expiration of term of Katherine Mullen,
term expiring December 19, 1992.
City Clerk Williams announced a tie
vote: three for Michael J. Granlee
and three for Calvin A. Bidwell.
Motion by McDermott to defer to
the January 6 meeting.
APPROVED
ABMEDDERS
SMITH
APPROVED
AB MEDDERS
SMITH
8.5
Bakersfield, California, December 9, 1992 - Page 4
8. CONSENT CALENDAR
ACTION TAKEN
Approval of Voucher Nos. 3621 to 4148
inclusive, in the amount of $1,613,244.32
and Self Insurance Voucher Nos. 950
through 1103 inclusive, in the amount of
$535,825.85.
Minutes of Workshop and Regular meeting
of November 4, 1992 and Workshop, Closed
Session and Regular Meeting of November
18, 1992.
Communication from:
Gale L. Shuck, City of Taft Mayor,
regarding disposition of the West-
side Mountain Park.
(Receive and place on file)
William Cooper, President Kern
River Parkway Committee, dated
November 17, 1992, responding to
inquiries by the Kern County Water
Agency on development of lands
within the Kern River Plan area.
(Receive and place on file)
Richard O'Neil, Vice President
Kern River Parkway Committee, dated
November 23, 1992, providing comments
and guidelines and requesting time
and opportunity to review and make
comment on landscaping plan for Kern
River Reservation Park.
(Receive and refer to Public Works
Department)
Harvey L. Hall, President Hall
Ambulance, and Allan M. Barks,
President Golden Empire Ambulance,
dated November 19, 1992, requesting
the Council enact the procedures
necessary to initiate the process
of the Annual Review of Ambulance
Service Rates and Regulations.
(Receive and refer to Budget &
Finance Committee)
Bakersfield, California, December 9, 1992 - Page 5
8. CONSENT C~lFNDARcontinued
ACTION TAKEN
Roger A. Mcintosh, Chief Financial
Officer of Kern Transportation
Foundation, dated November 25,
1992, requesting support.
(Receive and refer to Budget &
Finance Committee)
REMOVED FOR
SEPARATE
OONSIDERATION
Full Reconveyance of Home Improvement
Loan for Jerry and Susan Hootman.
(Ward 3)
Full Reconveyance of Home Improvement
Loan for Jeanette Y. Martinez. (Ward 2)
Notices of Completion and acceptance
of work:
Contract No. 91-220 with Granite
Construction Company for construc-
tion of north tie-down apron,
T-hangar taxiways, north access
road, Planz Road Loop and
miscellaneous drainage improvements
at Bakersfield Municipal Airport,
completed November 10, 1992.
Contract No. PW92-61 with Contronics,
Inc., dba Micon, for Beale Avenue
overpass guardrail repair, completed
November 12, 1992.
Contract No. 92-134 with Patscheck
Electric and Construction for
construction and installation of
dual compartment fuel tank at Fire
Station No. 1, completed November
25, 1992.
Contract No. 92-217 with AAA
Engineering for Priscilla Lane sewer
rehabilitation, completed November
25, 1992·
Contract No. 92-220 with Weststar
Roofing & Air Conditioning for
reroofing the Development Services
Building at 1715 Chester Avenue,
completed November 30, 1992.
DEED 3620
DEED 3621
DELETED
Bakersfield, California, December 9, 1992 - Page 6
8. CONS~MTCA[~NDA~continued
ACTION TAKEN
fo 6.
Contract No. 91-176 with West Kern
Corporation for Tract No. 5184,
State Highway 178 and Lone Place,
completed November 30, 1992.
Contract No. 92-123 with Riverlakes
Ranch, Ltd. for Tract No. 5363,
Phase I, northwest of Coffee Road
and Hageman Road, completed November
30, 1992.
Contract No. 92-114 with MJJ
Developers for Tract No. 5598, Phase
I, northeast of Campus Park Drive
and Buena Vista Road, completed
November 30, 1992.
Plans and Specifications:
Traffic signal installation on
19th at Oak Street, Phase 1.
(Ward 5)
Construction of recreation building
at the Bakersfield Senior Center.
(Ward 1)
Resolution amending the official list of
designated speed zones, pursuant to
Sections 22357 and 22358 of the
California Vehicle Code. (Wards 4 & 6)
Resolution specifying that Hosking No. 4
Annexation shall, upon annexation, be
included within the Greater Bakersfield
Separation of Grade District, and
setting January 20, 1993 as date of
hearing objections. (Ward 7)
Resolution declaring the results of
the General Municipal Election for
the Office of Mayor and the Special
Municipal Election for a Charter
Amendment, Measure U, held on the 3rd
day of November, 1992.
Resolution of Intention No. 1097
ordering changes and modifications to
Assessment District No. 87-1
(Jenkins/Buena Vista Sewer Project).
(Ward 4) (January 20, 1993 is the date
set for hearing)
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
OONSIDERATIOJ~
RES 220-92
RES 221-92
RES 222-92
REMOVED FOR
SEPARATE
CONSIDERATION
88
Bakersfield, California, December 9, 1992 - Page 7
CONSENT CAI I=NDAR continued
ACTION TAKEN
Uo
Resolution of Intention No. 1101 to add
territory to existing Maintenance
District No. 1, Division 5 and setting
January 6, 1993 for hearing protests on
the addition of territory (Tract 5504).
(Meacham/Calloway, Ward 4)
Map and Improvement Agreement with
Riverlakes Ranch Limited Partnership
for Tract 5477, Phase I, Riverlakes
Drive and Southshore Drive. (Ward 4)
Agreement with Ted Rutherford for
piloting services for the Bakersfield
Police Department.
Independent Contractor's Agreement
with Soils Engineering, Inc., for
geotechnical services for construction
of the Hosking Trunk Sewer (Assessment
District 91-1). (Wards 6 & 7)
Agreement with Frank K. Fugitt for a
sewer easement. (Ward 7)
Negative Declaration for Clinica Sierra
Vista. (Ward 1)
Appropriate $10,000 interest earnings
to Public Works Capital Improvement
Budget within the Rancho-Laborde Special
Assessment Funds. (Assessment District
No. 86-2) (Ward 4)
Acceptance of Comprehensive Annual
Financial Report and the Federally
Required Single Audit Report for the
1991-92 Fiscal Year.
Central District Development Agency of
the City of Bakersfield, California,
Component Unit Financial Report for
Fiscal Year ended June 30, 1992.
Central District Development Agency
Annual Report of Financial Transaction
to the State Controller.
Award Annual Contract to A-C Electric
($91,450) for vehicle loop cutting
(Traffic Engineering and General Services).
AGR 92-263
AGR 92-264
AGR 92-265
AGR 92-266
CON 92-267
Bakersfield, California, December 9, 1992 - Page 8
8. CONSENTCALENDAR continued
ACTION TAKEN
Xo
as.
bb.
Award Annual Contract to Gilliam &
Sons, Inc., ($139,700) for demolition of
various buildings (Building Department).
Award Contract to A-C Electric ($82,000)
for installation of traffic signal on
District Boulevard at Gosford Road.
(Ward 4)
Award Contract to Pivovaroff Construction
($47,000) for 4th Street culvert
extension at the Kern Island Canal and
appropriation of $47,000 from Gas Tax
Fund Balance. (Ward 1)
Accept bid from Golden State Peterbilt
($127,032.26) for one side-loading
automated refuse truck to replace one
rear-loading refuse truck.
Accept bid from Central Valley Truck
Center ($221,276.10) for two front-loading
refuse trucks, with packers, to replace
two rear-loading refuse trucks.
Amendments to Fiscal Year 1992-93
Operating and Capital Improvements Budgets
for the City of Bakersfield, Central
District Development Agency, and
Community Development Block Grant Funds.
(Receive and refer to Budget & Finance
Committee)
CON 92-268
CON 92-269
DELETED
Motion by Brunni to adopt Items (a)
through (bb) of the Consent Calendar
with the deletion of Items f.5. and y;
corrections to Items c.4., g.2 and k.;
and removal of Items c.5., g.l., g.2.
and k for separate consideration.
Plans and Specifications:
Traffic signal installation on
19th at Oak Street, Phase 1.
(Ward 5)
Motion by Peterson to adopt Item g.1.
APPROVED
AB MEDDERS
SMITH
APPROVED
ABMEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 9
9O
8. CONSENT CA~;NDARcontinued
ACTION TAKEiN
Plans and Specifications:
2. Construction of multi-purpose
building at the Bakersfield
Senior Center. (Ward 1)
Edwards absent due to conflict of interest.
Hotion by DeMond to adopt Item g.2.
APPROVED
ABMEDDERS
EDWARDS
SMITH
5e
Roger A. Mcintosh, Chief Financial
Officer Kern Transportation
Foundation, dated November 25, 1992,
requesting support.
Brunni requested a memo regarding the
amount in the Gas Tax Fund.
Motion by McDermott that the Council
appropriate $5,000 for the Kern Trans-
portation Foundation from the Gas Tax
Fund to the Public Works Operating
Budget in the Gas Tax Fund.
APPROVED
AB HEDDERS
SMITH
Resolution of Intention No. 1097
ordering changes and modifications to
Assessment District No. 87-1
(Jenkins/Buena Vista Sewer Project).
(Ward 4) (January 6, 1993 is the date
set for hearing)
Motion by Brunni to adopt Resolution
and set hearing for January 20, 1993.
APPROVED
AB MEDDERS
SMITH
Acceptance of Comprehensive Annual
Financial Report and the Federally
Required Single Audit Report for the
1991-92 Fiscal Year.
Central District Development Agency of
the City of Bakersfield, California,
Component Unit Financial Report for
Fiscal Year ended June 30, 1992.
Brunni requested referral of questions
she has regarding Items s. and t. to
the Budget & Finance Committee.
APPROVAL
ABMEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 10
9. HEARINGS
ACTION TAKEN
so
Assessment List by the Fire Chief
specifying abatement performed and
description of the property (701 Union
Avenue) upon which hazardous weeds,
debris and waste matter were performed.
(Ward 1)
No one spoke at hearing. Hearing closed.
Edwards requested the status of the
property because of tax sale.
Motion by Edwards to continue to January
6, 1993 meeting.
Kern County referral amending the Casa
Loma Specific Plan by changing the land
use and zoning of 19.66 gross acres
located at the southwest corner of Feliz
Drive and Washington Street from Map
Code 5.3 to Map Code 7.2. (Kern County)
No one spoke at hearing. Hearing closed.
Motion by Edwards to suggest the
following to the Kern County Board of
Supervisors:
1)
Deny the proposed amendment from
Map Code 5.3 (Residential) to Map
Code 7.2 (Service Industrial).
2)
Approve the amendment from Map
Code 5.3 (Residential) to Map Code
7.1 (Light Industrial).
APPROVED
AB MEDDERS
SMITH
APPROVED
AB MEDDERS
SMITH
Modification No. 5390 of height limit
to permit a 185-foot high tower for a
proposed cellular telephone facility at
2100 Bricyn Lane. (Ward 5)
Hearing open.
Pete Pedrosa, consultant with Contel,
spoke in support.
Motion byPeterson to adopt Resolution.
RES 223-92
APPROVED
ABMEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 11
9. HE~RINGS continued
ACTION TAKEN
Establishment of Maintenance District
$, Division 6, confirming the assessment
and authorizing collection of assessments
by the Kern County Tax Collector
(Berkshire). (Ward 6)
Correspondence has been received from
Mildred M. Joseph, dated December 1,
1992, protesting the assessment; and
William and Geraldine Skaggs, dated
December 9, 1992, questioning the
benefit formula.
Mildred Joseph spoke in opposition.
William Skaggs spoke, objecting to the
method of figuring the assessment.
Hearing closed.
Motion by McDermott to adopt Resolution
with amendment, striking the word
"immediately", No. 6.a.
RES 224-92
APPROVED
ABMEDDERS
SMITH
Refinancing Certificates of Participation
for Bakersfield Assisted Living Center.
(TEFRA)
Motion by McDermott to reschedule to
January 20, 1993.
APPROVED
AB MEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 12
9. HEARINGS continued
ACTION TAKEN
Appeal by Jori Paul White on the decision
of the Board of Zoning Adjustment
granting a conditional use permit to
operate a Christmas tree sales lot for
a period of five (5) years at 2300 Oak.
(Ward 5)
Correspondence has been received from
D. Reid, representing Jon Paul White,
dated December 9, 1992, in support.
DeMond absent due to conflict of interest.
Dennis Reid, representing Jon Paul White,
spoke in opposition.
The following individuals spoke in
support:
J. R. Smeed, property owner; and Chris
Maretich, appellant.
The following individuals spoke in
rebuttal:
Dennis Reid; and J. R. Smeed.
Hearing closed.
Motion by Peterson to grant appeal with
the condition that applicant have a one-
year Conditional Use Permit.
APPROVED
NS MCDEPJ40TT
SALVAGGIO
AB MEDDERS
DEMOND
SMITH
Vice-Mayor McDermott called a recess at
8:55 p.m.
Vice-Mayor McDermott reconvened the
meeting at 9:10 p.m.
Bakersfield, California, December 9, 1992 - Page 13
10. REPORTS
ACTION TAKEN
Report No. 9-92 from the Legislative
and Litigation Committee regarding
Constitutional Proteotlon for Local
Property Tax Revenues.
Motion by Edwards to accept Report.
APPROVED
ABMEDDERS
SMITH
Report No. 7-92 from the Personnel
Committee regarding Employee Health
Benefits.
DeMond read the report with a change of
"90 days" in place of "twelve months" on
Page 2, No. 3.
Brunni requested the consultant provide
to the City Manager information on the
number of 3rd party liability recoveries
that we have been able to get through
Blue Cross' efforts on our behalf.
Brunni absent due to conflict of interest.
Motion by DeMond to accept Report and
implement recommendations.
CON 92-270
CON 92-271
CON 92-272
CON 92-273
CON 92-274
CON 92-277
CON 92-278
APPROVED
ABMEDDERS
SMITH
BRUNNI
11. DEFERRED BUSINESS
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 102-26, 102-27, 102-34 and
102-35 by changing the zoning of 156
acres generally located north of the
Carrier Canal, along Truxtun Avenue,
between Oak Street and Mohawk Street,
from M-l, M-l-D, M-1-MH-D and A Zones
to a C-2 Zone. (First Reading November
18, 1992) (Ward 5)
0RD3498
Bakersfield, California, December 9, 1992 - Page 14
11. DEFERRED BUSINESS continued
ACTION TAKEN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 124-30 By changing the zoning
of properties in the City of Bakersfield
consisting of 9.6 acres generally located
on the east side of South H Street,
approximately 600 feet south of Panama
,Lane. (First Reading November 18, 1992)
(Ward 7)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-12 by changing the zoning
of properties in the City of Bakersfield
consisting of 1.60 acres generally
located on the north side of Wilson Road,
one-half block west of Hughes Lane and
east of Calvin Street. (First Reading
November 18, 1992) (Ward 7)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map Nos. 123-07 and 123-08 by changing
the zoning of 18.22 gross acres located
along the northwest corner of Old River
Road and White Lane from C-Z to R-1.
(First Reading November 18, 1992)
(Ward 4)
Ordinance amending Chapter 15.64 of the
Bakersfield Municipal Code relating to
the Uniform Fire Code. (First Reading
November 18, 1992)
Ordinance adding Paragraph E. to Section
17.08.080 of Title 17 of the Bakersfield
Municipal Code relating to reconstruction
of damaged non-conforming buildings.
(First Reading November 18, 1992)
Ordinance amending Subsection A.1. of
Section 14.04.030 and Section 14.04.040
and adding Subsection C. to Section
14.04.120 of the Bakersfield Municipal
Code relating to the City Ashe Water
System. (First Reading November 18,
1992 with Water Resources Report No.
2-92) (Wards 4, 5 & 6)
Motion by McDermott to adopt Items a.
b.c. d. f. g. and h. of Deferred
Business.
0RD3499
ORD3500
ORD 3501
ORD 3502
ORD 3503
0RD3504
APPROVED
AB MEDDERS
SMITH
Bakersfield, California, December 9, 1992 - Page 15
11. DEFERRED BUSINESS continued
ACTION TAKEiN
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 122-03 by prezoning property
located at the southwest corner of
Renfro Road and Stockdale Highway.
(First Reading November 18, 1992)
(Renfro No. 3 Annexation, Ward 4).
Motion by Brunni to adopt Ordinance.
0RD3505
APPROVED
AB MEDDERS
SMITH
12.
NEWBUSINESS
Motion to add New Business Item e. which
arose after the agenda was prepared and
place as the next item of business.
APPROVED
NS BRUNNI
AB MEDDERS
SMITH
Amendment No. I to Agreement No. 91-250
between city of Bakersfield, County of
Kern and the Kern County Food Bank, Inc.
for acquisition of a warehouse facility.
(Ward 2)
Motion by DeMond to approve Contract with
a deletion on Page 1, Item D, to strike
the words "or other appropriate sites".
AGR 92-275
APPROVED
NS BRUNNI
ABMEDDERS
SMITH
Resolution objecting to the manner in
which resolutions were adopted at the
94th Annual League Conference held in
Los Angeles, October 10 - 13, 1992.
Motion by Brunni to adopt Resolution.
RES 225-92
APPROVED
ABMEDDERS
SMITH
Agreement with County of Kern for jail
booking fees.
Motion by DeMond to adopt Agreement
and transfer of $30,680 from Council
Contingency to Police Department
Operating Budget in the General Fund.
AGR 92-276
APPROVED
NS SALVAGGIO
AB MEDDERS
SMITH
97
Bakersfield, California, December 9, 1992 - Page 16
12. NEWBUSINESS continued
ACTION TAKEN
Appointment Process for Interim Ward 5
Councilmember.
DeMond requested staff to reiterate the
law of not legally restricting someone
from seeking election for Ward 5
Council seat.
Motion by McDermott to approve appoint-
ment process.
APPROVED
ABS PETERSON
ABMEDDERS
SMITH
Consideration of time limits for Public
Statement subject matter.
Motion by Peterson to approve a
time limit of 15 minutes per subject.
NAT
Motion by DeMond to approve with an
amendment to include 15 minutes for
both sides on a particular issue.
NAT
Salvaggio requested the following
be added to the instruction materials:
"Council could waive the 15 minutes
rule by simple majority vote."
Motion by Peterson to approve with
amendments to include "15 minutes
for both sides on a particular issue
and "Council could waive the 15 minutes
rule by simple majority vote" in the
instruction materials.
APPROVED
NS SALVAGGIO
ABMEDDERS
SMITH
13. COUNCIL STATEMENTS
McDermott announced his pleasure of receiving
the first draft of a specific plan line on a
southern beltway.
McDermott announced this meeting was Council-
member Peterson's last and acknowledged
Councilmember Peterson's efforts.
Brunni announced the Silver Creek Area Park
ground breaking and revisited the issue of
why we need a Metro Parks District and to
move forward with the District.
Bakersfield, California, December 9, 1992 - Page 17
98
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Brunni referred to staff the status of the
Traffic Study at Buena Vista Road and Stock-
dale Highway.
Brunni requested a copy of the letter of
response from the Separation of Grade
District to a letter from staff to the
District regarding the Q Street Separation
of Grade.
Brunni referred to the Budget & Finance
Committee the issue of the City's member-
ship in Project Clean Air.
Brunni announced that the Public Utilities
Commission will hold a pre-hearing conference
in Bakersfield during the month of February
due to the power pole problems in the Campus
Park area.
14. ADJOURNMENT
Notion by DeNond at 10:15 p.m.
MAYOR ~//~'~/Ci/ty~/~/B/aker s fie ld'
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
1/25/93 3: 57pm