HomeMy WebLinkAbout06/19/1991 MINUTES CCBakersfield, California, June 19, 1991
Minutes of the Workshop of the Council of the City of
Bakersfield, California, held in the Council Chambers of City Hall
at 5:15 p.m., June 19, 1991.
Present:
Absent:
The meeting was called to order by Mayor Medders.
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott
Councilmember Salvaggio
WORKSHOP
Marks-Roos Bond Financings.
Finance Director Klimko advised that the purpose of this
Workshop is to give Council some information on an alternative
method of financing for some of the City's future capital needs.
He introduced Mr. David Fitzgerald and Mr. Michael Richardson from
First California Capital Markets Group, 50 California Street, San
Francisco, which are the underwriters, and Mr. Richard Hargrove,
one of the City's bond attorneys.
Mr. Fitzgerald and Mr. Richardson gave a presentation
regarding the Marks-Roos Bond Financing Program and furnished a
packet of information.
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilmember DeMond, the
adjourned to Closed Session at 5:45 p.m.
before the
meeting was
MAYOR of the City off'Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, June 19, 1991
Minutes of the Closed Session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:45 p.m., June 19, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio (seated at 6:00)
None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54957 regarding a personnel matter.
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litlgation.
Upon a motion by Councilmember DeMond, Council recessed
to the City Manager's Conference Room for Closed Session at 5:45
p.m.
ADJOURNMENT
There being no further business to
Council, upon a motion by Councilmember Edwards,
Closed Session was adjourned at 6:40 p.m.
come before the
the meeting for
MAYOR of the City 'of Bak~-rsfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, June 19, 1991
Minutes of the Regular Meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 7:00 p.m., June 19, 1991.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Conard Holt, Member of the Board of
Deacons, First Assembly of God Church, and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
PRESENTATION
Mayor Medders announced that in Kansas City on June 8,
1991, the National Association for Emergency Medical Technicians
and the American Academy of Orthopedic Surgeons presented Hall
Ambulance Service with the award for being the top ambulance
service in the United States in 1991. He advised that this is the
first time a private ambulance service has been given this national
award and the first time it has been awarded to a California
provider. Mayor Medders then presented a plaque to Harvey Hall and
Hall Ambulance Service in recognition of this award.
Mr. Harvey Hall, Hall Ambulance Service, accepted the
plaque and made a brief statement°
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 10321 to 10684,
inclusive, in the amount of $1,446,322.24.
Minutes of the Closed Session and Regular
Meeting of May 22, 1991, for approval.
c. Communications:
REMOVED FOR SEPARATE
CONSIDERATION.
Communication from Kathy H.
Clark, Controller, Golden
Empire Transit District,
1830 Golden State Avenue,
submitting a copy of the
District's proposed budget for
Fiscal Year 1991-92. (RECEIVE
AND PLACE ON FILE)
Communication from Burton H.
Armstrong, Brown, Waits &
Armstrong Accountancy
Corporation, 4100 Truxtun
Avenue, Suite 200, dated
June 5, 1991, regarding the
annual financial audit.
(RECEIVE AND REFER TO CITY
MANAGER'S OFFICE)
Bakersfield, California, June 19, 1991 - Page 2
Communication from Wayne A.
Deifel, Rickett, Ward, Delmarter
and Deifel, 2901 "H" Street,
dated May 28, 1991, requesting
formation of a maintenance
district for Tract 5450.
(RECEIVE AND REFER TO PUBLIC
WORKS DEPARTMENT)
REMOVED FOR SEPARATE
CONSIDERATION.
Dedication of Properties:
Street Right-of-Way Deed No.
3339 from Chevron U.S.A., Inc.,
for additional right-of-way for
Calloway Drive north of Rosedale
Highway.
2 o
Street Right-of-Way Deed No.
3340 from Rosedale Village
Associates L.P. and K Mart
Corporation for additional
right-of-way for Calloway Drive
north of Rosedale Highway.
Deed No. 3341, Grant Deed of
Easement from Cleo P. Brannon
for a sewer line easement
located east of Calloway Drive
and north of Rosedale Highway.
Deed No. 3342, Grant Deed of
Easement from Riverlakes Ranch
Limited Partnership for a sewer
line easement located east of
Calloway Drive north of Rosedale
Highway.
Street Right-of-Way Deed No.
3343 from Block Four Westchester
Parking Association, Inc., for
an alley between Hubbard Street
and 30th Street west of "F"
Street.
Deed No. 3344, Grant Deed of
Temporary Easement from Castle
& Cooke Silver Creek, Inc., for
a temporary turnaround located
south of Harris Road and east
of Wilderness Drive.
Deed No. 3345, Secondary Access
Easement from Regional Mortgage
Company. The easement is
located between Stine Road and
Wible Road north of McKee Road.
Grant Deed No. 3346 from CRT
Development Group for a drainage
retention basin located between
Buena Vista Road and Mountain
Vista Road south of White Lane.
Bakersfield, California, June 19, 1991 - Page 3
Grant Deed No. 3347 from Frank
M. St. Clair and Bradley H.
St. Clair for a drainage
retention basin within Tract
5450 located on the west side
of Wible Road between McKee
Road and Hosking Avenue.
10.
Corporation Grant Deed No. 3348
from Castle & Cooke Development
Corporation for a drainage
retention basin within Tract
5217 located at the northeast
corner of Buena Vista Road and
Ming Avenue.
11.
Deed No. 3349, Grant of Easement
to P.G. & E. for the relocation
of an existing gas line at the
Bakersfield Senior Center.
12.
Deed No. 3350, Grant of Easement
from Riverlakes Ranch Limited
Partnership for a water line
easement located between Coffee
Road and Riverlakes Ranch Drive
north of Rosedale Highway.
Maps and Improvement Agreements:
Agreement Nos. 91-127 and
91-128, Final Map and
Improvement Agreements with
Frank M. St. Clair for Tract
5450 consisting of 51 lots on
20.01 acres located on the west
side of Wible Road between
McKee Road and Hosking Avenue.
Agreement Nos. 91-129 and
91-130, Final Map and
Improvement Agreements with
Castle & Cooke Development
Corporation for Tract 5217
consisting of 132 lots on 66.25
acres located at the northeast
corner of Buena Vista Road and
Ming Avenue.
Improvement Agreement No. 91-131
with Castle & Cooke Development
Corporation for Parcel Map 9482
consisting of 9 parcels on 14.1
acres located between Schirra
Court and McDivitt Drive east of
Ashe Road.
Notices of Completion and Acceptance of
Work for:
Contract No. 91-7 with A-C
Electric Company for traffic
signal modifications at
intersections of Beale Avenue
at Flower Street, "F" Street at
21st Street, Brundage Lane at
"H" Street, and Planz Road at
Stine Road, completed May 31,
1991.
7O
Bakersfield, California, June 19, 1991 - Page 4
Contract No. 90-242 with
Community Construction for Tract
No. 5174 located southwest of
White Lane and Mountain Vista
Drive, completed June 7, 1991.
Contract No. 91-39 with Loop
Electric for traffic signal
modification on Wilson Road at
Hughes Lane, completed June 13,
1991.
go
Request for Extension of Time from ATC
Realty Five, Inc., to extend the
completion date for Improvement Agreement
No. 82-2 for State Route 178 street
improvements to June 1, 1992.
h. REMOVED FOR SEPARATE CONSIDERATION.
i. DELETED.
Resolution No. 100-91 authorizing the
Public Works Director to file an
application with the California Energy
Commission for participation in its
Energy Partnership Program.
Resolution No. 101-91 establishing the
terms of service of the members of the
Bakersfield Airpark Advisory Committee.
Agreement No. 91-132 with Pacific Gas and
Electric Company for the supply of
compressed gas for refueling of motor
vehicles.
Contract No. 91-133 with Musicians' Union
Local #263 for Summer Band Concert Series.
Agreement No. 91-134, Third Amendment to
Agreement No. 87-199 with Riverlakes Ranch
Limited Partnership for the acquisition of
certain public improvements, City of
Bakersfield Assessment District No. 86-2
(Rancho Laborde).
Agreement No. 91-135, Consent to Common
Use Agreement with Texaco Trading and
Transportation, Inc., for street right-
of-way over Texaco's pipeline easement.
City Clerk Williams advised that Item i. of the Consent
Calendar has been deleted at the request of staff.
Councilmember Brunni made a motion that Item h.,
Authorize the Finance Director to write off as uncollectible
accounts receivable in various funds totaling $56,420.73, be
removed from the Consent Calendar for separate consideration.
Councilmember Brunni advised that she may have a possible
conflict of interest Item c.l., Communication from Greg Gibbons
dated May 30, 1991, and she made a motion that it be removed from
the Consent Calendar for separate consideration.
Councilmember Edwards made a motion that
Communication from Jack Hardisty dated May 19, 1991,
from the Consent Calendar for separate consideration.
Item c.5.,
be removed
71
Bakersfield, California, June 19, 1991 - Page 5
The motions by Councilmembers Brunni and Edwards that
Items h., c.1. and c.5. be removed from the Consent Calendar for
separate consideration was approved.
Upon a motion by Councilmember Peterson, Items a, b, c,
d, e, f, g, j, k, 1, m, n and o, with the deletion of Item i. and
the removal of Items h., c.l., and c.5., of the Consent Calendar
were adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Authorize the Finance Director to write
off as uncollectible accounts receivable
in various funds totaling $56,420.73.
Councilmember DeMond requested percentage figures from
prior years of how much the City gets back through the collection
agency.
Upon a motion by Councilmember DeMond, the Finance
Director was authorized to write off as uncollectible accounts
receivable in various funds totaling $56,420.73 by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
c.1. Communication from Greg Gibbons, Karpe
Real Estate Center, 4000 Ming Avenue,
dated May 30, 1991, requesting formation
of a maintenance district for Tracts
4824A, 4824B, 4738 and 5500.
Councilmember Brunni advised that due to a potential
conflict of interest, she would not participate in deliberation and
action on this item.
Upon a motion by Councilmember McDermott,
from Greg Gibbons was received and referred to the
Department by the following roll call vote:
communication
Public Works
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Co5o
Communication from Jack Hardisty, City of
Bakersfield Planning Department, dated
May 29, 1991, regarding Preliminary Five-
Year Capital Improvements Program for the
Years 1991-96, inclusive.
Upon a motion by Councilmember DeMond, communication from
Jack Hardisty was received and placed on file by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Bakersfield, California, June 19, 1991 - Page 6
PUBLIC STATEMENTS
Mr. Todd Ussery, representing Abate-A-Weed, 9411 Rosedale
Highway, submitted a letter and spoke in protest of the potential
acceptance of a bid from Kaaz Weedeaters and Blowers instead of Red
Max Weedeaters and Blowers, when Red Max had submitted the lower
bid and their equipment met all the specifications that were
required on the bid sheet.
Ms. Carol Miranda, 913 New Stine Road, spoke regarding
growth in Bakersfield and expressed her concern that it is growing
too fast.
HEARINGS
Protest hearing for the Hosking No. 1
Annexation to the City of Bakersfield (Ward
7).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 102-91 making
findings that no written protest has been
filed and ordering the territory designated as
Proceeding No. 1057, Annexation No. 340,
Hosking No. 1, annexed to the city of
Bakersfield (Ward 7).
Upon a motion by Councilmember Salvaggio, Resolution No.
102-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Protest hearing for Wible No. 7 Annexation to
the city of Bakersfield (Wards 6 & 7).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 103-91 making
findings that no written protest has been
filed and ordering the territory designated as
Proceeding No. 1056, Annexation No. 339, Wible
No. 7, annexed to the City of Bakersfield
(Ward 6).
Bakersfield, California, June 19, 1991 - Page 7
Upon a motion by Councilmember McDermott, Resolution No.
103-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Protest hearing for the Pacheco No. 10
Annexation to the City of Bakersfleld (Ward
?).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Communication has been received from James P. Shockley,
5100 Debby Street, and Roy and Phyllis Lackey, 4905 Penelope, in
opposition to the annexation.
A petition containing 156 signatures in opposition to the
annexation has been received.
Mayor Medders declared the hearing open for public
participation.
Ms. Susan Taylor, 5200 Marcy Street, spoke in opposition
to the annexation.
Mr. Peter Asmund, 5204 Marcy Street, spoke in opposition
to the annexation.
Ms. Fonda Masterson, 5112 Marcy Street, spoke in
opposition to the annexation.
Mr. Dave Gehringer, 1812 Faxon, spoke in opposition to
the annexation.
No further protest or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion for Council deliberation and action.
Adoption of Resolution No. 104-91 making
findings that sufficient majority written
protest has not been filed and ordering the
territory designated as Proceeding No. 1058,
Annexation No. 341, Pacheco No. 10, annexed to
the City of Bakersfield (Ward 7).
Upon a motion by Councilmember Salvaggio, Resolution No.
104-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Hearing on Resolution of Intention No. 1080
declaring intention to add territory to
existing Maintenance District No. 7 (Stockdale
Center); confirming and approving Public Works
Director's Report; setting boundaries thereof;
the fairness of the benefit formula and the
amount of assessment levied against each
parcel.
This hearing has been duly advertised, posted and
property owners notified as required by law.
74
Bakersfield, California, June 19, 1991 - Page 8
Mayor Madders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 105-91 adding
territory to existing Maintenance District NO.
7, confirming the assessment and authorizing
collection of assessments by the Kern County
Tax Collector (Resolution of Intention No.
1080, Stockdale Center).
Upon a motion by Councilmember Peterson, Resolution No.
105-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Hearing on Resolution of Intention No. 1081
declaring intention to add territory to
existing Maintenance District No. 11 (Harris);
confirming and approving Public Works
Director's Report; setting boundaries thereof;
the fairness of the benefit formula and the
amount of assessment levied against each
parcel.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 106-91 adding
territory to existing Maintenance District NO.
11, confirming the assessment and authorizing
collection of assessments by the Kern County
Tax Collector (Resolution of Intention No.
1081, Harris).
Upon a motion by Councilmember McDermott, Resolution No.
106-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Councilmember Brunni made a motion to reconsider the
hearing on Resolution of Intention No. 1080 and adoption of
Resolution No. 105-91. The motion failed.
Hearing on Resolution of Intention No. 1079
declaring intention to establlsh Maintenance
District No. 27 (Polo Grounds), generally
bounded by Snow Road on the north, Calloway
Drive on the east, Hageman Road on the south
and Jewetta Avenue on the west and also an
area bounded by Noriega Road on the north,
Jewetta Avenue on the east, Hageman Road on
the south and Allen Road on the west.
?$
Bakersfield, California, June 19, 1991 - Page 9
This hearing has been duly advertised, posted and
property owners notified as required by law.
Communication has been received from Colon G. Bywater,
Superintendent of Planning and Construction, North Bakersfield
Recreation & Park District, 405 Galaxy Avenue, dated June 12, 1991,
in opposition to proposed Maintenance District No. 27 assessment.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 107-91 establishing
Maintenance District No. 27, confirming the
assessment and authorizing collection of
assessments by the Kern County Tax Collector
(Resolution of Intention No. 1079, Polo
Grounds).
Public Works Director Schulz advised that, with respect
to the communication from North Bakersfield Recreation & Park
District, it is a park site; therefore, there should be no
assessment there. He wanted the record to show that assessment
will be deleted before this roll is recorded, and there will be no
assessment against this particular parcel for any type of
improvements.
Councilmember Brunni made a motion to adopt the
Resolution establishing Maintenance District No. 27 and confirming
the modified assessment and authorizing collection of assessments
by the Kern County Tax Collector by Resolution of Intention No.
1079, Polo Grounds.
Councilmember Brunni requested that the Planning
Commission and the City Council, or perhaps the Urban Development
Committee, look at the City standard for what is required as far as
landscape in medians and streetscapes is concerned, for all the
districts the City is forming, so that they still can look nice but
be a little more cost effective.
Upon a motion by Councilmember Brunni, Resolution No.
107-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Hearing on Resolution of Intention No. 1082
declaring intention to establish Maintenance
District No. 28 (Eissler and Auburn) bounded
by Cla~more Street on the north, Piper Way on
the east, Auburn Street on the south and
Eissler Street on the west.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Bakersfield, California, June 19, 1991 - Page 10
Adoption of Resolution No. 108-91 establishing
Maintenance District No. 28, confirming the
assessment and authorizing collection of
assessments by the Kern County Tax Collector
(Resolution of Intention No. 1082, Eissler and
&uburn).
Upon a motion by Councilmember Smith, Resolution No.
108-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Hearing on Resolution of Intention No. 1083
declaring intention to establish Maintenance
District No. 29 (Calloway) generally described
as a district within Tract 5068, Unit "A" and
Unit "B", in the City of Bakersfield bounded
by Hageman Road on the north, Calloway Drive
on the east, Meacham Road on the south and
city limit on the west.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 109-91 establishing
Maintenance District NO. 29, confirming the
assessment and authorizing collection of
assessments by the Kern County Tax Collector
(Resolution of Intention No. 1083, Calloway).
Councilmember Brunni stated that she would
the number of equivalent dwelling units on this
District.
like to know
Maintenance
Upon a motion by Councilmember Brunni, Resolution No.
109-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Hearing on Resolution of Intention No. 1084
declaring intention to establish Maintenance
District No. 30 (Allen) generally bounded by
Stockdale Highway on the north, Allen Road on
the east, Tract 4445 on the south end Tract
4444 on the west.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Bakersfield, California, June 19, 1991 - Page 11
Mr. Derek Eck, 8217 Birmingham Street, spoke in favor of
the Maintenance District and expressed his concern that the City
keeps adding district after district. He suggested that the City
start thinking about consolidating in order to reduce the overall
overhead that gets charged.
No protest or objections being received and no one else
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 110-91 establishing
Maintenance District No. 30, confirming the
assessment and authorizing collection of
assessments by the Kern County Tax Collector
(Resolution of Intention NO. 1084, Allen).
Upon a motion by Councilmember Brunni, Resolution No.
110-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
REPORTS
Councilmember McDermott read Urban Development Committee
Report No. 5-91 regarding half-cent sales tax for transportation,
as follows:
As a part of its ongoing responsibility to
monitor progress in implementation of the
freeway system of the Metropolitan Bakersfield
2010 General Plan, the Urban Development
Committee has reviewed the Kern County Council
of Governments' recommendation to proceed with
the half-cent sales tax for transportation.
The Citizens Committee for Sale and Clean
Transportation is proposing to take this
measure to the voters at the November 5, 1991
election. For the last several months various
interested parties have been negotiating the
expenditure plan. It does not fund all the
needed transportation services in Kern County,
perhaps only a third of it. But all of it
will be used in Kern County and our cities
within Kern County. It is new money for
transportation and it will also bring new
additional state money to the cities and
county.
Distribution of the funds will be 24 percent
for local street improvements generally
allocated by percentage of population but with
a minimum of $2,000,000 for the smaller
cities. Bakersfield could expect $38,793,000.
Safety projects would receive 31 percent. Air
Quality Congestion Relief projects would
receive 30 percent. Air Quality and Transit
Improvements would receive 7 percent, and
Senior Citizens Transportation would receive 8
percent of the revenues.
Bakersfield, California, June 19, 1991 - Page 12
The Urban Development Committee strongly
supports this proposal as part of a fair and
balanced program to provide for our present
and future transportation system.
IT IS RECOMMENDED that the City Council adopt
the attached Resolution supporting the half-
cent sales tax and expenditure plan.
Upon a motion by Councilmember McDermott,
Development Committee Report No. 5-91 was accepted.
Urban
Adoption of Resolution No. 111-91 supporting
adoption of a County Transportation
Expenditure Plan.
Councilmember McDermott made a motion to adopt the
Resolution approving the Expenditure Plan.
Councilmember McDermott amended his motion to adopt the
Resolution and to delete the word "and" in the last sentence of
Urban Development Committee Report No. 5-91.
After much discussion, upon a motion by Councilmember
McDermott, Resolution No. 111-91 was adopted and the word "and" was
deleted from the last sentence of Urban Development Committee
Report No. 5-91, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Councilmember McDermott, Chairperson of the Budget and
Finance Committee, read Report No. 11-91 regarding Approval and
Adoption of 1991-92 Fiscal Year Budget.
On May 22, 1991, the Proposed Annual Budget
for the City of Bakersfield was submitted to
the City Council. The Proposed Budget
represented expenditures of $162,215,655, and
consisted of an Operating Budget for the City
of Bakersfield of $122,496,749; Capital
Improvements Budget for the City of
Bakersfield of $37,574,533; and Central
District Development Agency Operating and
Capital Improvements Budget of $2,144,373.
The Budget represents all of the City of
Bakersfield's financial responsibilities and
provides budget information by department and
fund type. The Proposed Budget also includes
requests from outside groups such as the
S.P.C.A., Convention Bureau, Bakersfield Art
Foundation, Kern Agriculture Foundation;
California Living Museum, Project Clean Air
and the Bakersfield Symphony.
This Committee has met with the City Manager
and his Department Managers to review the
Proposed Budget. As a result of these
meetings and additional information gained at
public budget workshops and hearings including
those for park maintenance districts,
community-wide improvements, and the
revenue/cost comparison system, several
changes are being recommended.
Bakersfield, California, June 19, 1991 - Page 13
First, staff review of revenue figures has
identified some additional General Fund
revenues. These include additional DARE
program contributions; County Community
Development funds for their share of the
incentive area office; additional building and
license related revenues; increase in property
tax revenue estimates; and an increase in the
estimate of sales tax revenue based on
recently received information from the state.
These changes are based on current information
which indicates additional General Fund
revenues over the preliminary revenue
estimates.
In addition, the Committee recommends the
following changes affecting revenues:
The Committee was concerned
regarding the proposed increase in
the refuse rate to $138 per year.
This increase was due to a $600,000
negative fund balance; various costs
associated with landfill closure;
programs to implement automation and
comply with AB939; and the inclusion
of street sweeping in the refuse
fund. It has been past practice of
the Council to phase in additional
costs, where possible. The
Committee requested that staff set
the refuse rate so the impact of
street sweeping and the negative
fund balance could be phased in over
several years, street sweeping over
five years and the negative fund
balance over a three-year period.
In addition the Committee directed
staff to reduce costs to result in a
moderate increase in the residential
refuse rate to $107 per year.
Commercial refuse rates, which have
not increased during the past two
years, will increase 28% rather than
the 39% increase included in the
Proposed Budget. This amounts to a
reduction in revenue to the refuse
fund of approximately $1,224,000.
This will be recovered by a transfer
from the General Fund.
The Council has taken action at the
June 4th public hearing to reduce
the assessment for Park and
Landscaped Median Maintenance
Districts by approximately 33% of
the cost for the Park portion of the
assessment. This amounts to a
reduction in revenue from
assessments of approximately
$184,013.
8O
Bakersfield, California, June 19, 1991 - Page 14
A majority of the Committee further
recommends that the costs associated
with building occupancy and public
works costs to process and mail
notices for maintenance districts be
subsidized this year from the
General Fund as a phase-in of costs
associated with maintenance
districts. This amounts to a
reduction in revenue from
assessments of approximately
$55,200. Additional operating
budget reductions were made to
further reduce the 1991-92
assessments for maintenance
districts. Also included with this
Report are budgets for maintenance
districts comparing Fiscal Year
1990-91 to Fiscal Year 1991-92 and
reflecting the proposed assessments
as a result of these changes.
Based on these changes in revenues and after
review of departmental budgets, the Committee
recommended that budget reductions be made by
City departments. These reductions include
the deletion of the following proposed
additional positions:
Information Resource Specialist (City Manager
- Administration)
Clerk Typist I (City Clerk - Administration)
Clerk Typist I (Police - Records and Reports)
Police Officer (Police - Patrol)
Secretary I (Fire - Prevention)
Fire Inspector I (Fire - Prevention)
Traffic Signal Technician (Street Safety -
Traffic Signals/Street Lights)
Heavy Equipment Operator (Sanitation
Diversion)
Waste
Tree Maintainer I (Parks
Districts)
Maintenance
Auditorium Maintainer II (Convention Center -
Operations and Maint.)
In addition to the deletion of these
additional positions, City departments have
made a variety of reductions to their
operating and capital outlay budgets.
Including the position deletions, these cuts
total approximately $904,060. With these
reductions, the City will be able to fund an
additional nineteen positions, including
eleven positions in the area of public safety.
Bakersfield, California, June 19, 1991 - Page 15
Included with these changes is the transfer of
funds from Council contingency to the Police
and Fire budgets to fund the salary increases
recently negotiated by the City Council which
were not included in departmental budgets when
the Proposed Budget was prepared. These
transfers total $452,335.
In addition to these changes, the Committee
recommends that two additional capital
improvement projects be funded. First, is
$28,000 for a light board at the Convention
Center and second, is the appropriation of
$250,000 for property acquisition/space needs.
This second project is to continue the
Council's policy to fund property and space
needs.
Although this was a lean budget year, the
Committee felt it was important to respond to
some of the requests made by various non-
profit groups.
Due to the growing importance of tourism in
our community, the Committee recommends an
increase in the contribution to the Greater
Bakersfield Convention and Visitors Bureau.
This contribution is to be matched (four to
one) with private contributions to the Bureau
from 9% ($299,250) up to a maximum level of
10% ($332,500) of the projected Transient
Occupancy Tax (T.O.T.) revenues. This is part
of the Bureau's five year marketing plan. The
Committee encourages the use of public-private
partnerships to promote the City. This
request was included in the Proposed Budget
and does not require an additional
appropriation.
The Committee recommends that a one-time
contribution of $15,000 be made to the
Bakersfield Art Foundation. With $12,500 to
go towards the expansion of the Bakersfield
Museum of Art, which is anticipated to be
matched with private funds, and $2,500 to
purchase gift shop materials supporting the
upcoming Cristo exhibit. The Foundation will
be assuming the utility costs (approximately
$12,500) for the Museum, as provided in their
lease with the City.
The City Council has identified the problem of
air quality as a major issue. Therefore, the
Committee recommends a contribution of $15,000
to Project Clean Air for the production of a
video to educate the public about the air
quality problem and how it may be addressed.
The Committee also recommends a one-time
contribution of $10,000 to the California
Living Museum for a capital improvement
project for their facility to be approved by
the City Manager.
The Kern Agriculture Foundation has requested
an additional contribution towards the
completion of the Agriculture Pavilion. The
Committee recommends a $5,000 contribution.
Bakersfield, California, June 19, 1991 - Page 16
The Committee, in its meetings with groups
making special funding requests, emphasized
the Council's policy of making one-time
contributions rather than funding ongoing
operating costs. The Committee continues to
leverage City contributions by promoting the
use of matching funds and public/private
partnerships, as reflected in the
contributions to the Art Museum and the
increase in the allocation to the Convention
Bureau.
Based on these amendments, the net change to
the Proposed 1991-92 Budget is:
Proposed
Budget Amendment
Operating $122,496,749 $120,940,809
Capital
Improve-
ments 37,574,533 37,352,533
Net Change
($1,555,940)
222,000)
CDDA
Operating 2,144,373 2,144,373 ( 0)
CDDA Capital
Improve-
ments
0 0 0
Total
Appro-
priations $162,215,655 $160,437,715 ($1,777,940)
This Committee would like to thank the
Department Heads and the City Manager's staff
for the effort they put forth in the
preparation and review of the Budget, as well
as the assistance provided in arriving at our
recommendations. We believe that this Budget
will maintain service and meet the current
needs of the citizens of Bakersfield.
Therefore, upon review of these changes, the
Committee recommends the acceptance of this
Report and further recommends the adoption of
the appropriate Resolutions, as follows:
A Resolution establishing the City
of Bakersfield Appropriation Limit
for Fiscal Year 1991-92.
A Resolution Approving and Adopting
the Operating and Capital
Improvements Budgets for the City of
Bakersfield, California for the
Fiscal Year 1991-92.
A Resolution Approving and Adopting
the Operating and Capital
Improvements Budgets for the Central
District Development Agency for the
Fiscal Year 1991-92.
Bakersfield, California, June 19, 1991 - Page 17
A Resolution Approving and Adopting
the Operating and Capital
Improvements Budget for the Use of
Community Development Block Grant
Funds for the Fiscal Year 1991-92.
A Resolution Adopting Fees and
Service Charges Pursuant to the
Revenue/Cost Comparison System.
e
A Resolution Amending Exhibit "A"
(Estimate of Cost for Community
Improvements for 10 year Period
1991-2001) of Site Plan Review
Policy approved by Council
Resolution No. 21-85, as amended by
Resolution Nos. 122-87, 130-88, 124-
89, and 105-90, and specifying fee
per vehicle trip established by that
policy.
A Resolution Approving and Adopting
the 1991-92 Budget, Levying
Assessments, Reserving the Right to
Perform Maintenance Work by City
Forces and Authorizing Collection of
Assessments by the Kern County Tax
Collector for Maintenance District
Nos. 1 through 6 and Nos. 8 through
26.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 11-91 was accepted.
Councilmember DeMond stated she hoped staff will take
note of her comments during the Budget and Finance Committee
meeting regarding the figures supplied at the Committee meeting
that had not been supplied the night of the special maintenance
districts meeting. She further stated that if all the Council had
the figures, they could have discussed it in public session.
Adoption of Resolution No. 112-91 of the
Council of the City of Bakersfield
establishing the City of Bakersfield
Appropriation Limit for Fiscal Year 1991-92.
112-91 of
following
Upon a motion by Councilmember McDermott, Resolution No.
the Council of the City of Bakersfield was adopted by the
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Adoption of Resolution No. 113-91 approving
and adopting the Operating and Capital
Improvements Budgets for the City of
Bakersfield, California, for the Fiscal Year
1991-92.
Councilmember McDermott made a motion to adopt the
Resolution approving and adopting the Operating and Capital
Improvements Budgets for the City of Bakersfield, California, for
the Fiscal Year 1991-92.
84
Bakersfield, California, June 19, 1991 - Page 18
Councilmember Brunni requested that, for the next year's
budget cycle, Council receive a reporting as to how the performance
measurements have been met.
Councilmember Salvaggio stated for the record he has
supported and continues to support that all meetings of the
Bakersfield City Council committees be open to the public. He
further stated, short of that, regarding the City Budget, the least
Council should do is meet as a committee of the whole from that
point on when staff gives Council the budget document. That way,
the concern about four members of the Council perhaps not having
hands-on experience with the Budget would be diminished, and the
public could attend. Even if no one comes except staff and the
media, at least the public is going to be informed because the
media includes radio, television and the newspaper. This enables
the Council to receive calls and feedback from the public regarding
the Budget.
Councilmember Salvaggio advised he is concerned about the
requests granted by some of the organizations in our Community. He
reminded the Council that the Kern River Parkway Committee has
never asked for City funds but has relied on the people on the
Committee and other groups who have given of themselves free of
charge and continue to do so. He also reminded Council to be very
cautious about undoing the little things that it has left, in terms
of the Kern River Parkway Plan.
After much discussion, Resolution No. 113-91 was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
Councilmember Edwards
None
None
Peterson,
Councilmember Brunni thanked the Council, on behalf of
Project Clean Air, for passing the Resolution.
Adoption of Resolution No. 114-91 approving
and adopting the Operating and Capital
Improvements Budgets for the Central District
Development Agency for the Fiscal Year 1991-
92.
Councilmember McDermott made a motion to approve and
adopt the Operating and Capital Improvements Budgets for the CDDA
for Fiscal Year 1991-92.
Councilmember Brunni stated for the record regarding the
regular Capital Improvements Budget that "we are building bridges
in our community", and there is a much needed bridge in her ward
that "we are going to be able to fund and build". Additionally,
she is "very happy about what we are able to accomplish with the
limited amount of dollars we have". She stated that she thinks
"staff really stretches itself and squirms as much as it can to
make those dollars stretch".
Upon a motion by Councilmember McDermott, Resolution No.
114-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Bakersfield, California, June 19, 1991 - Page 19
Adoption of Resolutlon NO. 115-91 approving
and adopting the Operating and Capital
Improvements Budgets for the use of Community
Development Block Grant Funds for the Fiscal
Year 1991-92.
Upon a motion by Councilmember McDermott, Resolution No.
115-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 116-91 adopting
Fees and Service Charges Pursuant to the
Revenue/Cost Comparison System.
Upon a motion by Councilmember McDermott, Resolution No.
116-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Adoption of Resolution No. 117-91 amending
Exhibit "A" (Estimate of Cost for Community
Improvements for Ten-Year Period 1991-2001) of
Site Plan Review Policy approved by Council
Resolution No. 21-85, as amended by Resolution
Nos. 122-87, 130-88, 124-89, and 105-90 and
specifying fee for vehicle trip established by
that policy.
Upon a motion by Councilmember McDermott, Resolution No.
117-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Noes:
Abstain:
Absent:
Peterson
Adoption of Resolution No. 118-91 approving
and adopting the 1991-92 Budget, levying
assessments, reserving the right to perform
maintenance work by City forces and
authorizing collection of assessments by the
Kern County Tax Collector for Maintenance
District Nos. i through 6 and Nos. S through
26.
Councilmember McDermott made a motion to adopt the
Resolution approving and adopting the 1991-92 Budget, levying
assessments, reserving the right t~ perform maintenance work by
City forces and authorizing collection of assessments by the Kern
County Tax Collector for Maintenance District Nos. 1 through 6 and
Nos. 8 through 26.
Councilmember Brunni asked, for the record, if the City
reserves the right to perform the maintenance work and the people
in the neighborhoods wish to contract or subcontract out this work,
is the City flexible enough after voting for this to still allow
that to occur, if those people really want that to happen?
Bakersfield, California, June 19, 1991 - Page 20
Park Superintendent Fabbri responded that "we would
encourage the maintenance districts, where they can, to contract
out their own, but we need to reserve the right in case that they
don't".
Councilmember Brunni requested that staff provide her,
for the last five years, with the actual costs in the maintenance
district, line item by line item, and to sit down and go over it to
see where we were, where we are and where we are going.
Councilmember Brunni advised the Council that she had
discussed with City Attorney Lunardini the possibility of making
some wording changes regarding the formation of a citizens advisory
group in the maintenance districts. She asked if staff would draft
some kind of wording to allow that to occur, at least for the
maintenance districts in her ward. At the suggestion of City
Attorney Lunardini, Councilmember Brunni advised she would make a
motion later in the meeting to refer this matter to the appropriate
committee.
Councilmember Brunni requested that, with regard to the
overhead charge, she would like to meet with staff and go over,
line item by line item, to see that the other enterprise funds are
being charged the same eight percent administrative cost that is
being charged to the maintenance districts.
Councilmember DeMond stated for the record that she is
not pleased with the reduction of two beat cops in her ward.
Councilmember Brunni advised she wants the record to
reflect her position regarding parks and park maintenance. She
feels it is a double taxation, and she does not support it.
Additionally, she would like to see a City-wide park maintenance
district so that everybody can get more parks in the areas that are
park deficient. Then, there would be better maintenance in those
areas that are deficient in that, and people who are paying twice
get to pay their fair share instead of their fair share and more.
Councilmember Brunni stated for the record that she
objects to the overhead figure that was charged this year. She
will be meeting with staff, and there will be neighborhood meetings
to receive input from the people who are paying; therefore, she
feels somewhat better about that.
After much discussion, the motion by Councilmember
McDermott to adopt Resolution No. 118-91 approving and adopting the
1991-92 Budget, levying assessments, reserving the right to perform
maintenance work by City forces and authorizing collection of
assessments by the Kern County Tax Collector for Maintenance
District Nos. 1 through 6 and Nos. 8 through 26 was approved by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson, McDermott,
Salvaggio
Councilmembers Edwards, DeMond
None
None
Upon a motion by Councilmember Peterson, the meeting
recessed at 9:20 p.m. and reconvened at 9:30 p.m.
Bakersfield, California, June 19, 1991 - Page 21
ACTION ON BIDS
Approval of Contract No. 91-136 with W. M.
Lyles Co. for 24th and Oak Street Sewer Pump
Station Rehabilitation.
Upon a motion by Councilmember Peterson, the low bid from
W. M. Lyles Co. in the amount of $68,476.00 was accepted, and the
Mayor was authorized to execute the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3374 amending
Subsection D. of Section 16.32.060 of the
Bakersfield Municipal Code relating to Planned
Drainage Areas.
This Ordinance was given first reading at the meeting of
June 5, 1991.
Upon a motion by Councilmember Brunni, Ordinance No. 3374
was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
NEW BUSINESS
First Reading of an Ordinance amending Chapter
17.38 of the Municipal Code relating to
Hospital (HOSP) Zoning.
On May 2, 1991, the Planning Commission conducted a
public hearing and recommended approval of revisions to Bakersfield
Municipal Code Section 17.38 (Hospital Zone).
First Reading of an Ordinance amending Chapter
17.36 of the Municipal Code relating to Church
(CH) Zone.
On May 2, 1991, the Planning Commission conducted a
public hearing and recommended approval of revisions to Bakersfield
Municipal Code Section 17.36 (Church Zone).
First Reading of an Ordinance adding Sections
17.04.165, 17.04.505 and 17.04.537 to the
Bakersfield Municipal Code relating to Church
(CH) Zones.
On May 2, 1991, the Planning Commission conducted a
public hearing and recommended approval of revisions to Bakersfield
Municipal Code Section 17.04 (Definitions).
First Reading of an Ordinance amending Section
17.60.210 and Section 17.60.220 of the
Municipal Code relating to signage in Church
(CH) and Hospital (HOSP) Zone Classifications.
On May 2, 1991, the Planning Commission conducted a
public hearing and recommended approval of revisions to Bakersfield
Municipal Code Section 17.60 (Signs).
Bakersfield, California, June 19, 1991 - Page 22
First Reading of an Ordinance amending Chapter
17.53 of the Bakersfield Municipal Code
relating to Site Plan Review.
On April 18, 1991, the Planning Commission conducted a
public hearing and recommended approval of revisions to the Site
Plan Review Ordinance.
Adoption of Resolution No. 119-91 making
findings and approving amendments to the
Riverlakes Ranch/Unibell Specific Plan.
Upon a motion by Councilmember Brunni, Resolution No.
119-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 120-91 calling the
General Municipal Election for Wards 2, 5 and
6 and requesting the Board of Supervisors of
the County of Kern to order the conso1idation
of said election with the State of California
General Election to be held on Tuesday,
November 5, 1991.
Upon a motion by Councilmember Peterson, Resolution No.
120-91 was adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
Adoption of Resolution No. 121-91 providing
for the adjustment of property tax revenues
upon local agency jurisdictlonal change
resulting from Annexation No. 350, LAFCO
Proceeding No. 1073, Wible No. 9 Annexation
(Wards 6 & ?).
Upon a motion by Councilmember McDermott, Resolution No.
121-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Adoption of Resolution No. 122-91 providing
for the adjustment of property tax revenues
upon local agency jurisdictional change
resultlng from Annexation No. 351, LAFCO
Proceeding No. 1074, Wible No. 10 Annexation
(Wards 6 & 7).
Upon a motion by Councilmember McDermott, Resolution No.
122-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Bakersfield, California, June 19, 1991 - Page 23
Adoption of Resolution of No. 123-91 amending
Resolution 99-91 and accepting waiver of
property owners to changes in assessments and
ordering a change and modification to the
scope of work and assessment (City of
Bakersfield Assessment Distrlot No. 90-1,
Jewetta Trunk Sewer/Calloway Canal
Relocation).
At the request of Councilmember Brunni, for the record,
the bond counsel on this assessment, Mr. Richard Hargrove, made the
following statement:
Councilmember Brunni's concern was expressed
to us, and we did provide some information
which I would like to pass on to you at this
time.
Normally, with the cancellation of the
Williamson Act, the property owners would have
had until December under the State law before
they had to make their payment in order to
avoid a re-hearing, a re-noticing of the
cancellation procedures. In discussion with
the Finance Department, we pointed out that
the fee needed to be paid in order to enjoy
the benefit of the assessment district and,
since the City was pursuing construction of
the sewer facilities out there, that in fact
we could not wait to have this fee paid until
December. It needed to be paid now, and the
property owners agreed. They were, I think, a
little taken aback but they agreed that it
could be put into the assessment district.
I then reported to the Finance Department and
to Councilmember Brunni that, in my opinion,
this was to the benefit of the ultimate
purchasers of the property because this cost,
which is a cost that would have to be passed
along in the course of development of the
property, would be financed at a lower rate of
interest where the ultimate property owner
would also reduce the total cost of the house,
the home, whatever is finally developed out
there. It will reduce the total cost, thereby
making the property down payment at a lower
level and also making the number of people who
would qualify because of the reduced first
mortgage costs, that we're talking about,
lower.
We're not talking a great deal of money but,
as those of you who have been in the housing,
purchasing, financing and the rest of it know,
even a small adjustment, in terms of the
payments and of the down payment, can increase
by a substantial number those people who are
eligible and able then to participate in the
financing.
9O
Bakersfield, California, June 19, 1991 - Page 24
With those items in mind, the Finance
Department had no objection to including this
cost, this fee, in the assessment and
certainly is my recommendation, and I think
the recommendation of the underwriter, that
the proceedings include this to be sure, at
the time we go out with the sale of the City's
bonds and doing the construction work, that
everything is in place to fully allow the
property development to proceed as is
specified in the assessment proceedings.
If you have any questions, I'd be happy to try
and answer them.
Councilmember Brunni requested that Mr. Hargrove, for the
record, respond regarding what can be done to compel the developer
to ensure that the initial home buyers are aware that there are
assessments and what is included in the assessments. Additionally,
she stated she would like to make sure that the City is doing its
part in making that happen.
Mr. Hargrove responded with the following statement:
I discussed with the Mayor, I discussed with
Councilmember Brunni the normal process of the
title report, because this is included as
information in the title report as a recorded
lien, and also that the Department of Real
Estate's so-called "White Sheet" (the report
that is required in the initial development
sale of the property) includes full disclosure
of this, but that some entities also require
that a separate sheet accompany all the
Department of Real Estate Report presentations
which specifies the City as having levied an
assessment and provides the information of who
to contact in the Finance Department to get
further information and discuss further
details besides the information which is
provided in the Department of Real Estate
Report and in the title report.
This is just a way of ensuring that whomever
is buying the property knows there is someone
they can talk to, besides the sales people, in
the developments about all of the costs
associated with their purchase of that
property, and this is done by a number of
communities up and down the State. Certainly,
if the City wishes to do that, we'd be more
than happy to include that as a part of the
proceedings in any future assessment
districts.
Councilmember Brunni advised that she would like to see
that done.
Upon a motion by Councilmember Brunni, Resolution No.
123-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
91
Bakersfield, California, June 19, 1991 - Page 25
Adoption of Resolution No. 124-91 approving
Purchase Contract and awarding Sale of Bonds
(City of Bakersfield Assessment District No.
90-1, Jewetta Trunk Sewer/Calloway Canal
Relocation).
Upon a motion by Councilmember Brunni, Resolution No.
124-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 125-91 notifying
the California Integrated Waste Management
Board that the City of Bakersfield will not
have adopted a source reduction and recycling
element by July 1, 1991.
Upon a motion by Councilmember Peterson, Resolution No.
125-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 126-91 approving
the Memorandum of Understanding Betting
Salaries and Related Benefits for Captains of
the Fire Department of the City of
Bakersfield.
Upon a motion by Councilmember Salvaggio, Resolution No.
126-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Upon a motion by Councilmember Salvaggio, the transfer of
$34,225.00 from Council Contingency to the Fire Department
Operating Budget within the General Fund was approved by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 127-91 approving
the Memorandum of Understanding Setting
Salaries and Related Benefits for Fire
Fighters and Engineers of the Fire Department
of the City of Bakersfield.
Bakersfield, California, June 19, 1991 - Page 26
Upon a motion by Councilmember DeMond, Resolution No.
127-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Upon a motion by Councilmember DeMond, the transfer of
$68,802.00 from Council Contingency to the Fire Department
Operating Budget within the General Fund was approved by the
following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Noes:
Abstain:
Absent:
Adoption of Resolution No. 128-91 amending
Resolution No. 112-90 Setting Salaries and
Related Benefits for Officers and Employees of
the Police Unit of the city of Bakersfield.
Upon a motion by Councilmember Peterson, Resolution No.
128-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Upon a motion by Councilmember Peterson, the transfer of
$28,807.00 from Council Contingency to the Police Department
Operating Budget within the General Fund was approved by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 129-91 specifying
that, unless excluded by Council, all portions
of the proposed Hosking No. Z Annexation
shall, upon annexation to the City of
Bakersfleld, be included within the Greater
Bakersfield Separation of Grade District
(Wards 6 & 7).
This Resolution initiates proceedings to include Hosking
No. 2 within the Greater Bakersfield Separation of Grade District
and sets Wednesday, July 31, 1991, as the date for Protest Hearing
on the matter.
Upon a motion by Councilmember McDermott, Resolution No.
129-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Bakersfield, California, June 19, 1991 - Page 27
Adoption of Resolution No. 130-91 specifying
that, unless excluded by Council, all portions
of the proposed Hosking No. $ Annexation
shall, upon annexation to the City of
Bakersfield, be included within the Greater
Bakersfield Separation of Grade District
(Wards 6 & 7).
This Resolution initiates proceedings to include Hosking
No. 3 within the Greater Bakersfield Separation of Grade District
and sets Wednesday, July 31, 1991, as the date for Protest Hearing
on the matter.
Upon a motion by Councilmember McDermott, Resolution No.
130-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Amendments of Fiscal Year 1990-91 Operating
and Capital Improvements Budgets for the City
of Bakersfield and Community Development Block
Grant Funds.
Adoption of Resolution No. 131-91 amending
Resolution No. 83-90 approving and adopting
the Operating and Capital Improvements Budgets
for the City of Bakersfield, California, for
the Fiscal Year 1990-91.
Upon a motion by Councilmember McDermott, Resolution No.
131-91 was adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
Adoption of Resolution No. 132-91 amending
Resolution No. 85-90 approving and adopting
the Operating and Capital Improvements Budgets
for the use of Community Development Block
Grant Funds for the Fiscal Year 1990-91.
Upon a motion by Councilmember McDermott, Resolution No.
132-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember Edwards
Approval of Consultant's Agreement No. 91-137
with Car1 Warren and Company to act as third-
party administrator for liability claims.
Upon a motion by Councilmember Salvaggio, Agreement No.
91-137 was approved, and the Mayor was authorized to execute the
Agreement.
94
Bakersfield, California, June 19, 1991 - Page 28
Approval of Agreement Nos. 91-138 and 91-139,
Loan Agreement Nos. Ker-23-90-L-5 and Ker-23-
90-L-6 with the State of California Department
of Transportation for construction at the
Bakersfield Municlpal Airport.
Upon a motion by Councilmember Edwards, Agreement Nos.
91-138 and 91-139, California Airport Loan Agreement Nos. Ker-23-
90-L-5 in the amount of $113,677 and Ker-23-90-L-6 in the amount of
$111,111 were approved, and the Mayor was authorized to execute the
Agreements.
Approval of Independent Contractor's Agreement
No. 91-140 with Robert Lumis of Wm. K. Lyons
Insurance, representing Manufacturer's Life,
for Life Insurance Services.
Upon a motion by Councilmember Salvaggio, Agreement No.
91-140 was approved, and the Mayor was authorized to execute the
Agreement.
Transfer of
Acquisition/Space
Project.
Funds for
Needs Capital
Property
Improvements
Upon a motion by Councilmember Peterson, the transfer of
$250,000 from Council Contingency to the Capital Improvements
Budget in the Capital Outlay Fund for Property Acquisition/Space
Needs was authorized by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Approve participation in a Pooled Emission
Estimating Program (PEEP) and appropriate
$35,000 therefor.
Upon a motion by Councilmember Brunni, the participation
in a Pooled Emission Estimating Program was approved and $35,000
fund balance to the Public Works Operating Budget within the Sewer
Enterprise Fund was authorized by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
One (1) appointment to the Citizen's
Convention Center Committee due to the
resignation of Richard Prado, term expiring
January 3, 1994 (Ward 7).
Councilmember Salvaggio made a motion to nominate Ms.
Christine Klotz to serve on the citizen's Convention Center
Committee.
Councilmember McDermott requested that Ms. Klotz fill out
an application and that it be submitted to the Council.
Upon a motion by Councilmember Salvaggio, Ms. Christine
Klotz was appointed to the citizen's Convention Center Committee,
term expiring January 3, 1994.
Bakersfield, California, June 19, 1991 - Page 29
one (1) appointment to the Board of Building
Appeals due to the resignation of Raymond
Poore, no term speoiflsd.
Upon a motion by Councilmember Brunni, the application
period for the appointment to the Board of Building Appeals was
extended for 30 days.
Four (4} appointments to the Bakersfield
Airpark &dvisory Committee due to the
expiration of terms of Fletch Waggoner, Bobby
Baker, Cliff Johnson end Bill Lewis, terms
expired June 17, 1991.
Councilmember McDermott advised that he cannot support
people who do not live in the City. He suggested that the Council
approve the two incumbents who do live in the City and then look at
the other two positions after that.
Councilmember DeMond suggested that the Council not
receive in their packets the applications of individuals not
residing in the City.
Councilmember Brunni suggested that, when the City Clerk
receives applications from individuals not residing in the City,
the applicants be advised it is a requirement to live in the City
and not accept those applications.
City Clerk Williams advised she would return the
applications with an explanation.
Councilmember Peterson made a motion to reappoint Bill
Lewis and Bobby Baker to continue the term and that the Council
vote by ballot on the other two appointments.
Upon a motion by Councilmember Peterson, Bill Lewis and
Bobby Baker were reappointed to the Bakersfield Airpark Advisory
Committee, term expiring June 17, 1995.
Councilmember DeMond suggested that, with regard to the
City's boards and commissions, the people who are now serving be
advised of the residency criteria so that in the future, if they
live in the County, they not apply for reappointment.
City Clerk Williams advised that the individual receiving
the highest number of votes was Mr. Garcia, and the second person
receiving the highest number of votes was Mr. Warren.
Councilmember Peterson made a motion to nominate Ed
Garcia and Stephen Earl Warren to appointments to the Bakersfield
Airpark Advisory Committee for the additional terms.
Upon a motion by Councilmember Peterson, Mr. Ed Garcia
and Mr. Stephen Earl Warren were appointed to the Bakersfield
Airpark Advisory Committee, terms expiring June 17, 1995.
One (1) appointment to the citizens' Parks and
Recreation Committee due to the resignation of
Barbara Lomas, term expiring November 1993
(Ward 7).
Councilmember Salvaggio made a motion to nominate Mr.
Anthony Eterno to the Citizens' Parks and Recreation Committee,
subject to an application being filled out.
Bakersfield, California, June 19, 1991 - Page 30
Councilmember Salvaggio requested the City Clerk's Office
inform Ms. Melissa Jolly of the fact that the individual appointed
to the Citizens' Park and Recreation Committee must reside in Ward
7. He also requested that Ms. Jolly be encouraged to apply for
other appointments.
Councilmember McDermott requested that a copy of Mr.
Eterno's application be furnished to the Council.
Upon a motion by Councilmember Salvaggio, Mr. Anthony
Eterno was appointed to the Citizens' Parks and Recreation
Committee, term expiring November 1993.
COUNCIL STATEMENTS
Update on SB 169.
Councilmember DeMond provided an update regarding SB 169
and advised that it is still on the Assembly floor awaiting
discussion. She stated that SB 169 passed the Senate upon the
tacking of a utility user tax to it as a means of getting it out of
a suspense file. She further advised that in March, this Council
voted to support SB 169 in its current form, and that form has
changed several times since then. Councilmember DeMond stated she
is assuming that the Council will not want to indicate continued
support of SB 169 unless it goes back to its original form.
Upon a motion by Councilmember Salvaggio, the following
item which arose after the Agenda was prepared and which requires
action before the next Council meeting was added to the Agenda at
this time.
Upon a motion by Councilmember Salvaggio, staff was
directed to put a Public Hearing on the Agenda for the Council
meeting of July 17, 1991, regarding the Golden Empire Transit (GET)
transfer site at Hughes Lane.
Upon a motion by Councilmember Smith, the following item
which arose after the Agenda was posted and which requires action
before the next Council meeting was added to the Agenda at this
time.
Councilmember Smith advised that a delegation from
Bakersfield is meeting with the Western Regional Administrator of
the Fish and Wildlife Service in Portland on July 9, 1991,
regarding the Habitat Conservation Plan, and it has been
recommended that a Councilmember be part of that delegation. She
advised that Councilmember Brunni, during an Intergovernmental
Relations Committee meeting, suggested she would like to attend.
Upon a motion by Councilmember Smith, Councilmember
Brunni was appointed as the Council representative to attend the
meeting with the Western Regional Administrator of the Fish and
Wildlife Service in Portland on July 9, 1991, regarding the Habitat
Conservation Plan.
Councilmember Brunni requested an updated report
regarding the fiscal impact on the City with respect to SB 198 and
Federal Accounting Standards Board (FASB) 106 having to do with
retiree health benefits.
Upon a motion by Councilmember Brunni, the issue of SB
959, which would impose a surcharge on urban water retailers that
deliver or receive more than 100 acre-feet of water, was referred
to the Water Board for its upcoming meeting.
Bakersfield, California, June 19, 1991 - Page 31
Upon a motion by Councilmember Brunni, the issue of
meeting with the Planning Commission regarding the City standards
for streetscape and median landscaping to come up with something
more cost effective than what the City has been installing to date,
was referred to the Urban Development Committee.
Upon a motion by Councilmember Brunni, the issue of
having citizens advisory committees for all maintenance districts
within the City so that people who are paying can have input into
where the money is going was referred to the Convention Center and
Community Services Committee.
Councilmember Edwards expressed his concern regarding the
citizens who call in and inquire about the cost and fees related to
annexations, and whether they are getting their questions answered.
Councilmember Edwards stated that the majority of the
Council took some actions tonight that may make it difficult to
appeal to the people who live in the County to come into the City
because of the increase in some assessments and fees that seem to
increase each budget year and which might jeopardize some
annexations.
Councilmember DeMond spoke regarding the Hughes Lane
transfer site and suggested having a temporary shuttle on the east
or west side of Wible for a 6-month trial period, so that nobody
would ever wait more than 7 or 8 minutes. At the end of 6 months,
the situation could be evaluated to determine if the shuttle should
continue.
Councilmember McDermott stated that he could not support,
even for 6 months, having a shuttle on the west side of Wible
because it is extremely dangerous for the people driving the
street, as well as those getting on and off the bus.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 10:40 p.m.
MAYOR of the City of field, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw