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HomeMy WebLinkAbout12/18/1991 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF DECEMBER 18, 1991 WORKSHOP - 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL COUNCIL ~3TI~N Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Peterson, Salvaggio None Concord Development Corporation Proposed Annexation. Planning Director Hardisty presented the Workshop material. CLOSED SESSION closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Purvis, et al. rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54957.6 regarding 1992 Labor Negotiations with Labor Relations Consultant Bill Avery. Closed Session pursuant to Government Code Section 54957.6 regarding the reclassificatlon study in the negotiation process. (Reward Strategy Group, Inc.) Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Amora, et al. rs. city of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of City of Bakersfield rs. Pacific Gas & Electric Company (street lighting). Motion by DeMond that the following Item 6., which arose after the Agenda was prepared and upon which action is required, be added to the Agenda at this time. Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of city of Bakersfield rs. Garriott Crop Dusting, et al. Motion by DeMond to recess to City Manager's Conference Room for Closed Session at 5:45 p.m. Acoeptedoff~ made by Plaintiff Instructions given to negotiator NAT Employees indemnified NAT APPROVED NAT APPROVED Motion by McDermott to adjourn Closed Session APPROVED at 6:58 p.m. ? 00 Bakersfield, California, December 18, 1991 - Page 2 REGULAR MEETING - 7:00 P.M· - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield COUNCIL ACTION INVOCATION by Senior Pastor Robert Johnson, First Assembly of God Church. PLEDGE OF ALLEGIANCE Lead by Todd Wearinger, Boy Scout Troop 104. ROLL CALL Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Peterson, Salvaggio None CLOSED SESSION ACTION (if any) Medders announced the action as reflected above. PRESENTATION Presentation of Retirement Plaques and $150.00 Gift Certificates to: Galen B. Chow for 32 years of service in the Bakersfield Police Department. Kent S. Middleton for 27 years of service in the Bakersfield Police Department. Bobby M. Rudder for 32 years of service in the Bakersfield Police Department. Medders made. presentations CONSENT CALENDAR Approval of Voucher Nos. 4658 to 5013, inclusive, in the amount of $1,459,755.16 and Self Insurance Voucher Nos. 862 to 974, inclusive, in the amount of $50,649.50. Minutes of the Workshop, Closed Session and Regular Meeting of November 20, 1991, and Closed Session and Regular Meeting of December 4, 1991, for approval. Bakersfield, California, December 18, 1991 - Page 3 CONSEI~,~ CALENDAR continued c. Communication from: Brown, Waits & Armstrong, 4100 Truxtun Avenue, Suite 200, opinion letter regarding the GANN appropriation limit. (Receive and Refer to City Hanager) COUNCIL ACTION Howard H. Wines, III, 705 Hewlett Street, regarding Deja-Vu. (Receive and Place on File) R. A. Patterson, Chief of Police, dated December 11, 1991, regarding request to increase imprest funds. (Receive and Refer to Budget and Finance Committee) Dedication of Properties: Waterline easement from Castle & Cooke Development Corporation for installation of a water line at the southeast corner of Allen Road and Stockdale Highway. Street Right-of-Way Deed from Castle & Cooke Development Corporation for additional right-of-way along the west side of Old River Road at Howell Drive. Notices of Completion and acceptance of work for: Contract No. 91-184 with Brown & Fowler Construction for California Avenue storm drain, Easton Drive to Easton Drive, completed December 9, 1991. Contract No. 91-193 with J.L. Denio, Inc., for earthwork operations on the northwest corner of 18th and "K" Streets, completed November 21, 1991. Contract No. 91-131 with Castle & Cooke Development Corporation for Parcel Map 9482 located south of White Lane and west of Ashe Road, completed December 10, 1991. Tract No.5215 with Carriage Homes located at the northeast corner of Panama Lane and Monitor Street, completed December 10, 1991. DEED 3435 DEED 3436 Bakersfield, California, December 18, 1991 - Page 4 CONSENT CALENDAR continued COUNCIL ACTION f. Maps and Improvement Agreements: Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5386, Phase A, consisting of 98 lots on 25.319 acres located at the southeast corner of Brimhall Road and Calloway Drive. AGR 91-259 AGR 91-260 Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5489, Phase A, consisting of 64 lots on 42.007 acres located at the northeast corner of Allen Road and Brimhall Road. AGR 91-261 AGR 91-262 Final Map and Improvement Agreements with Fruitvale Properties, Inc. for Tract 5144, Phase I, consisting of 67 lots on 29.09 acres located at the southeast corner of Patton Way and Hageman Road. AGR 91-263 AGR 91-264 Final Map and Improvement Agreements with DeVille Homes for Tract 5018, Phase C, consisting of 40 lots on 15.77 acres located north of Hageman Road and east of Fruitvale Avenue. AGR 91-265 AGR 91-266 Improvement Agreement with Mercy Hospital for the construction of an acceleration/deceleration lane for access to the Mercy Hospital site located at the southeast corner of Stockdale Highway and Old River Road. AGR 91-267 Final Map of Tract 5215 and Agreement with Carriage Homes for maintenance of subdivision improvement work completed prior to approval of Final Map. AGR 91-268 Amendment No. 1 to Agreement No. 91-117 with County of Kern to share the costs of the Job Training/Marketing/Management Efforts in the southeast Metropolitan Bakersfield Incentive Area, extending agreement for one year. AGR 91-269 Consultant's Agreement with Dennis E. Hummel for Coffee Road bridges construction inspection service. AGR 91-270 Memorandum of Understanding regarding Drug Abuse Resistance Education (D.A.R.E) with Bakersfield City School District. AGR 91-271 Bakersfield, California, December 18, 1991 - Page 5 CONSENT CALENDAR continued COUNCIL ACTION Memorandum of Understanding regarding Drug Abuse Resistance Education (D.A.R.E) with Greenfield Union School District. AGR 91-272 Memorandum of Understanding regarding Drug Abuse Resistance Education (D.A.R.E) with Panama-Buena Vista Union School District. AGR 91-273 Approve the replacement of freeze damaged trees and shrubs and appropriate $5,000 contribution from Mojave Pipeline Operating Company to the Parks Division's Capital Improvement Budget within the Capital Outlay Fund. License to encroach from Arvin-Edison Water Storage District for electrical conduit crossing the Arvin-Edison Canal at Ming Avenue and Camino Media. AGR 91-274 Central District Development Agency Component Unit Financial Report and Annual Report of Financial Transactions to the State Controller for fiscal year ended June 30, 1991. (Receive and Refer to Budget and Finance Committee) Motion bySalvaggio to adopt Items (a) through (n) of the Consent Calendar. APPROVED Motion by DeMond to move Item 11.a. forward at this time and that it be conducted byallowing 15 minutes each for opponents and proponents to speak. APPROVED 11. DEFERRED BUSINESS Ordinance amending Chapter 5.06 of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. Communication received from the following regarding the adult entertainment ordinance and Deja-Vu: (1) C. Allen Andersen, 2310 Brundage Lane; (2) Randy Weidner, 1220 McDonald Way; and (3) Jim F. Mitchell, M Construction Co., Inc., 340 Industrial Street. ORD 3424 Bakersfield, California, December 18, 1991 - Page 6 11. DEFERRED BUSINESS continued Spoke in opposition: (1) Dennis Rushing, 353 Toro Court; (2) Mark Harless, 327C Lakeview Avenue; (3) Douglas Allen Bell, 1860 Oregon Street; (4) Jack Burgemaster, 6405 Cochran Drive; (5) Edward George Vandrill, 5801 Ming Avenue, Apt. 6A; (6) Tom Wood, Westchester; (7) Kevin Couch, General Manager, Deja-Vu (submitted 2500 petitions and signed statements from surrounding businesses); and (8) Leticia Michelle Etchison, 2701 Bernard, #3. COUNCIL ACTION Spoke in favor: (1) Kevin Sewell 3505 Via Capilla; (2) Ray Vercammen, 16534 Johnson Road; (3) Jim Fortson, 14718 Duhn Road; (4) Steve Fahsbender, 19458 Stallion Way; (5) Billy Rash, 6401 Landfair; (6) Joel Park, 801 Sanford Drive; (7) Paul Eggleston, 923 Baldwin; and (8) Connie Wattenbarger, 5305 Kalar Court. Motion by Salvaggio to adopt Ordinance amending Chapter 5.06 of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. APPROVED (DEFERRED BUSINESS IS CONTINUED ON PAGE 10) Motion by Smith for 5-minute recess at 7:55 p.m. APPROVED Medders reconvened the meeting at 8:00 p.m. Bakersfield, California, December 18, 1991 - Page 7 PUBLIC STATEMENTS The following individuals spoke regarding the proposed lease of Waterways Building at the Airport to S & S Flight Center: (1) David Steiber, 279 Garden Drive; (2) Henrietta Baker, 4416 Santa Cruz; and (3) Dennis Holland, 6016 Alderpointe Street. be The following individuals spoke regarding Silver Creek Park: (1) Kim Haerter, 6213 Alderpointe Street; (2) Dennis Holland, 6016 Alderpointe Street; (3) Nancy Davis, 7804 Rushing River Court; and (4) Dan Callens, 7608 River Mist Avenue. The following individuals spoke regarding Transportation Impact Fee Ordinance: (1) Carol Miranda, 913 New Stine Road; (2) Roger Mcintosh, 4130 Ardmore Avenue; (3) Judy Salamacha, P.O. Box 11165; and (4) Eric Powers, representing ASU & Associates, 5500 Ming Avenue, Suite 160. COUNCIL ACTION HEARINGS Hearing for the consideration of the Assessment List by the Fire Chief specifying abatement performed and description of the property upon which hazardous weeds, debris and waste matter were removed. No one spoke at Hearing. Hearing closed. Motion by Brunni to adopt Resolution confirming the report of the Chief of the Fire Department regarding assessment of property in the City of Bakersfield for weed and waste matter abatement. RES 235-91 APPROVED Bakersfield, California, December 18, 1991 - Page 8 HEARINGS continued COUNCIL ACTION Hearing to consider a Conditional Use Permit (CUP) application to allow the Mesa Marin Raceway to continue to operate indefinitely past the March 14, 1994 termination date in the RS-2-1/2A Zone. (Ward 3) Communication has been received from R. H. (Ray) Trichell, President W. A. Thompson, Inc., 5101 District Boulevard, dated December 11, 1991, in support of extending the Conditional Use Permit. The following individuals spoke at Hearing: (1) Marion Collins, owner of Mesa Marin Raceway; (2) David Gay, 1830 "F" Street, representing property owners of 350 acres surrounding the race track, in opposition to request by Mesa Marin to have termination date waived for Conditional Use Permit #5216. (3) Correspondence received from George W. Nickel, Jr., dated December 17, 1991, in support of 60-day continuance of Hearing. (4) Norm Voldinger, representing Chevron Land & Development Company, in opposition to extending the Conditional Use Permit. Motion by Smith to continue Public Hearing to March 25, 1992. APPROVED REPORTS Personnel Committee Report No. regarding Police Department Reorganization. 8-91 Resolution amending Resolution No. 23-91 setting salaries and related benefits (Police Captain and Assistant Chief of Police). Motion by DeMond to accept Report. RES 236-91 APPROVED Motion by DeMond to adopt Resolution. APPROVED Bakersfield, California, December 18, 1991 - Page 9 REPORTS continued Budget and Finance committee Report No. 15-91 regarding Annual Financial Audit. Motion by McDermott to accept the Report. COUNCIL ACTION APPROVED Motion by McDermott to implement recommendations. APPROVED Budget and Finance committee Report No. 16-91 regarding Beautification and Clean-Up Program. Motion by McDermott to accept Report. APPROVED Motion by McDermott to transfer $44,200 from Council Contingency to the Parks Department Operating Budget in the General Fund and transfer $15,800 from the Council Contingency in the General Fund to the Equipment Division Budget in the Equipment Management Fund. APPROVED NS SALVAGG~) 10. ACTION ON BIDS Traffic signal on Pacheco Road at Stine Road. Motion by McDermott to accept the low bid from A-C Electric Company in the amount of $69,400.00, and authorize the Mayor to execute the Contract. CON 91-275 APPROVED Woodwaste Sizing Plant (Portable) for Refuse Recycling Program (additional). Motion by Brunni to accept low bid from Fuel Harvesters Equipment, Inc., in the amount of $122,962.13 and authorize transfer of $4,000.00 from the Refuse Fund Sanitation Operating Budget to the Equipment Fund Public Works Operating Budget. APPROVED Closure of the old waste oil drainage ditch at the Bakersfield Municipal Airport and transfer of funds therefor. Motion by Edwards to accept low bid from J.L. Denio, in the amount of $20,720.00, authorize the transfer of $34,000.00 from the General Fund Council Contingency to the Public Works Capital Improvement Budget in the Airport Fund and authorize the Mayor to execute the contract. CON 91-276 APPROVED Bakersfield, California, December 18, 1991 - Page 10 Motion by McDermott for 5-minute recess at 8:45 p.m. COUNCIL ACTION APPROVED Medders reconvened the meeting at 8:50 p.m. 11. DEFERRED BUSINESS (Continued) Ordinance amending Title 15 of the Bakersfield Municipal Code by adding chapter 15.84 implementing a Transportation Impact Fee on all new development. Communication has been received from Jim F. Mitchell, M Construction Co., Inc., 340 Industrial Street, in opposition to the fees. Motion by McDermott to consider as First Reading the proposed Ordinance with the following alterations, and to refer the issue to the Urban Development Committee for further review to bring a recommendation back to the Council on January 29, 1992, as follows: (1) I would like to reflect corrected cost estimates for the Kern River Freeway and change those from the current figure that says "$300,000,000 collected at 35%"; and really that's a two component figure, $150,000,000 for right-of-way, $150,000,000 for construction. And change that to reflect $150,000,000 for construction that would continue to be fee allocated at 20%; and (2) to put $97,000,000 into the interchange right-of-way for the Crosstown Freeway at Highway 99 and that to be compensated at 33%; and (3) to change the right-of-way acquisition on the Kern River Freeway to $46,000,000, fee compensated at 50%. The second change would be at the conclusion of the fee calculations. We would then reflect the benefit to our community from additional jobs and economic vitality brought on by office commercial development and industrial development and, therefore, reduce their fee by 50%. APPROVED NS DEMOND SALVAGGIO ABS EUWARDS Bakersfield, California, December 18, 1991 - Page 11 11. DEFERRED BUSINESS continued The third change would be add two "Whereas" clauses after the sixth "Whereas", and I'll state those again: (7) "Whereas, payment of the fee specified in this ordinance is deemed to satisfy regional transportation mitigation requirements for projects other than major commercial and industrial developments or significant zone changes and general plan amendments.; and (8) "Whereas, alternative funding is anticipated to cover the 70% unfundedportion of the project list and such alternative funding will be considered in determining mitigation necessary until December 31, 1993." COUNCIL ACTION Motion byPeterson to recognize John Giumarra to speak on this issue. APPROVED Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 122-16, 122-21, 122-22 and 122-23 by prezoning property to approximately one mile north of Panama Lane, one mile west of Buena Vista Road to four miles west of Buena Vista Road. (Kern River No. 10 Annexation, Ward 4). Motion by Brunni to adopt. ORD 3425 APPROVED AB MCDERMOTT PETERSON Extension of Lease Agreement with ATCO Property Management regarding Incentive Area Information Center. Motion by Edwards to approve Agreement, authorize expenditure, and authorize the Mayor to execute the Agreement. AGR 91-277 APPROVED AB MCDEPJ40TT PETERSON Agreement with Nationwide for public auction services (Police Asset Forfeiture). AGR 91-278 Motion by DeMond to approve and authorize APPROVED the Mayor to execute Agreement. Bakersfield, California, December 18, 1991 - Page 12 11. DEFERRED BUSINESS continued COUNCIL ACTION The City of Bakersfield Comprehensive Annual Financial Report and the Federally required Single Audit Report for the 1990-91 Fiscal Year. Motion by Salvaggio to accept report. APPROVED 12. NEW BUSINESS a. Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-07 and 102-18 by changing the zoning of properties in the City of Bakersfield consisting of 2.93 acres located at the southwest corner of Calloway Drive and olive Drive from an R-1 Zone to a C-1 Zone. (Ward 4) Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 102-29 by changing the zoning of 190.53 acres located west of Coffee Road, north of Brimhall Road from M-1 and M-2 Zones to R-l, C-2, M-1 and OS. (Ward 4) Ordinance amending Section 1.84.560, Subsections F., G. and H. of Section 2.84.620, adding Subsectlon I. to Section 2.84.620 and repealing Sections 2.84.480 and 2.84.600 of the Bakersfield Municipal Code relating to Sick Leave and Other Leaves of Absence. Resolution ordering judicial foreclosure of delinquent assessments pursuant to the Improvement Bond Act of 1915, and ordering that the tax collector be credited with those assessments. (A.D. 86-2A, 86-2B, 86-2C, 86-2D, 87-1, 87-3). (Ward 2) Motion by Salvaggio to adopt. FR FR FR RES 237-91 APPROVED Resolution ordering the s~mmary vacation of 11.25 feet on the east side of Jewett Avenue between 36th Street and 38th Street. Motion by DeMond to adopt. RES 238-91 APPROVED Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 356, LAFCO Proceeding No. 1091, Meacham No. I Annexation (Ward 4). RES 239-91 Motion by Brunni to adopt. APPROVED Bakersfield, California, December 18, 1991 - Page 13 12. NEW BUSINESS continued COUNCIL ACTION Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 357, LAFCO Proceeding NO. 1092, Reina No. I Annexation (Ward 4). RES 240-91 Motion by Brunni to adopt. APPROVED Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 358, LAFCO Proceeding No. 1093, Noriega No. 1 Annexation (Ward 4). Motion by Brunni to adopt. RES 241-91 APPROVED Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 359, L~CO Proceeding No. 1094, Stine No. 8 Annexation (Ward 5). Motion byPeterson to adopt. Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 365, located at the northwest corner of Rosedale Highway and Calloway Drive, Calloway Annexation No. 4 (Ward 4). Motion by Brunni to adopt· RES 242-91 APPROVED RES 243-91 APPROVED Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 364, located west of Wible Road between McKee Road and Taft Highway (Ward 6). Brunni requested the record reflect her absence due to a conflict of interest. RES 244-91 Motion by McDermott to adopt. APPROVED ABBRUNNI Resolution of Intention No. 1086 calling a public hearing to determine whether to dissolve the Business Improvement District in the central business area. (Ward Z) Motion by DeMond to adopt. APPROVED Bakersfield, California, December 18, 1991 - Page 14 12. NEW BUSINESS continued COUNCIL ACTION Resolution of Intention No. 1087 calling a public hearing to determine whether the public necessity, health, safety or welfare requires formation of an Underground Utility District within designated area - District No. 2, Division 22 (White Lane Underground Utillties Project). (Ward 6) Motion by McDermott to set the Hearing date for January 29, 1992, and to adopt. APPROVED Commercial Lease Agreement with S & S Flight Center at Bakersfield Municipal Airport. Motion by Edwards to approve and authorize the Mayor to execute Agreement. AGR 91-279 APPROVED NS SALVAGGIO Agreement with K. & R. Dental Plan, Inc., to provide services under a prepaid dental plan for City Employees. Motion by DeMond to approve and authorize the Mayor to execute Agreement. AGR 91-280 APPROVED NS BRUNNI PETERSON Agreement with HBI Dental to provide services under a prepaid dental plan for City Employees. Motion by Edwards to approve and authorize the Mayor to execute Agreement. AGR 91-281 APPROVED NS PETERSON ABS BRUNNI One appointment to the Kern Mosquito Abatement District due to the expiration of term of Scott Gerald Ladd, term expiring December 31, 1991. Motion by Salvaggio to reappoint Scott Gerald Ladd, term to expire December 31, 1993. APPROVED NS BRUNNI One appointment to the Fire Department Civil Service Board due to the expiration of term of Kenneth A. Gamez, term expiring December 31, 1991. Motion by DeMond to appoint Leroy E. Kollenborn, term to expire December 31, 1994. APPROVED Bakersfield, California, December 18, 1991 - Page 15 12. NEW BUSINESS continued COUNCIL ACTION One appointment to the Police Department Civil Service Board due to the expiration of term of Robert B. Lumis, term expiring December 31, 1991. Motion by Smith to appoint Bradley T. Ritter, term to expire December 31, 1994. APPROVED One appointment to the Miscellaneous Department Civil Service Board due to the expiration of term of Daniel L. Williams, term expiring December 31, 1991. Motion by Edwards to reappoint Daniel L. Williams, term to expire December 31, 1994. APPROVED Ten (10) appointments to the Community Advisory Council (Southeast Metropolitan Bakersfield Employment and Economic Incentive Area) due to the expiration of terms of Douglas Newhouse, Robert E. Lee Davis, Lynn Edwards, Donald R. Farthing, Mary Helen Barro, David Lyman, Jason Bingham, Pat DeMond, Martin Castro and John F. Wager, Jr., terms expiring December 31, 1991. Motion by Smith to reappoint Council representatives Lynn Edwards and Pat DeMond, terms to expire December 31, 1992. APPROVED Motion by McDermott to reappoint staff representatives John F. Wager, Jr., and David Lyman, terms to expire December 31, 1992. APPROVED Motion by DeMond to defer appointment of of the six community representatives to the meeting of January 15, 1992. APPROVED One appointment to the citizens' Parks and Recreation Committee due to the resignation of Don Anderson (Ward 6), term expiring November, 1991. Motion by McDermott to appoint Melissa APPROVED M. Jolley, term to expire November 1995. Bakersfield, California, December 18, 1991 - Page 16 13. COUNCIL STATEMENTS COUNCIL ACTION Brunni requested the City Manager get the message to City employees that if there are any questions regarding the 125 Plan, individuals are encouraged to contact Pen-Comp or Cathy Williams in Personnel. McDermott discussed the issue of Council positions being part-time. 14. ADJOURNMENT Hotion by McDermott at 10:10 p.m. APPROVED MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw