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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