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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