HomeMy WebLinkAbout05/16/1990 MINUTES CCBakersfield, California, May 16, 1990
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., May 16, 1990.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson (seated at 5:25), McDermott
(seated at 5:20), Salvaggio (seated at
5:20)
None
WORKSHOP
Risk Manager Scott Manzer provided a general overview
of workers' compensation--what it is, where it came from, and
how it works with the City of Bakersfield. He explained in
detail the City of Bakersfield's workers' compensation program
and the new Safety Committee Program.
ADJOURNMEN~
There being no further business to come before the
Council, upon a motion by Councilmember Edwards, the meeting
was adjourned to Closed Session at 5:31 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield, CA
kdsc
Bakersfield, California, May 16, 1990
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 5:31 p.m., May 16, 1990.
The meeting was called to order by Mayor Medders.
Present: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(c) regarding possible
Eminent Domain Action to acquire P.G.& E.
Street Lighting Facilities.
Closed Session pursuant to Government Code
Section 54957 regarding Labor Negotiations
with City of Bakersfield' s Chief
Negotiator, Bill Avery, regarding Police
Unit Negotiations.
Closed Session pursuant to Government Code
Section 54956.9(a) regarding Cavish vs.
City of Bakersfield.
There
Council, upon a motion by Councilmember
for Closed Session was adjourned at 6:41
MAYOR of the City of Bakersfield,
being no further business to come before the
Peterson, the meeting
p.m.
CA
ATTEST:
)/ - ,: ..
ACTING CITY CLERK and ~Officio Clerk of
the Council of the City of Bakersfield, CA
kdsc
Bakersfield, California, May 16, 1990
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., May 16, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Reverend Pete Baker, First
Assembly of God Church, and the Pledge of Allegiance.
Acting City Clerk Gafford called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
PRESENTATION
Mayor Medders presented a proclamation to
Mr. Ed Schulz, City of Bakersfield Director of Public Works,
proclaiming May 20-26, 1990, as "National Public Works Week."
Calendar:
CONSENT CALENDA~
The following items were listed
Approval of Warrant Nos. 8908 to
9309, inclusive, in the amount of
$1,152,728.64, and Self-Insurance
Warrant Nos. 1750 to 1866,
inclusive, in the amount of
$75,524.41.
DELETED.
Communications:
Communication from
David G. Parker,
2000-30 Ashe Road,
dated April 12, 1990,
submitting his
resignation from the
Community Advisory
Council. (RECEIVE AND
PLACE ON FILE)
Communication from
Mrs. Judy Crenshaw,
3401 Seligman, and
Donna and Dan Jackson,
3400 Seligman, dated
April 23, 1990,
regarding Getty Real
Estate Construction's
non-compliance to
provide an adequate
barrier between
residences and the
apartment complex
located at 3300 Gosford
Road. (RECEIVE AND
REFER TO PLANNING
DEPARTMENT)
on the Consent
Bakersfield, California, May 16, 1990 - Page 2
de
ee
fe
Communication from
Wayne Killmer, 52t
Montalvo Drive, dated
April 30, 1990,
advising that he does
not wish to be
reappointed to the
Central District
Development Agency.
(RECEIVE AND PLACE ON
FILE)
Dedication of Properties:
e
Deed No. 3226, Storm Drain
Easement (Permanent) from
Mason, Carosella and Camp, a
California Joint Venture,
for a storm drain line
located within Parcel
Map 9363 located east of
Renfro Road and south of
Stockdale Highway.
Corporation Grant Deed
No. 3227 from Renfrow,
Inc. , for a sump lot
within Tract 5068,
Unit A, located south
of Hageman Road and
west of Calloway Road.
Notices of Completion and
Acceptance of Work for the
following:
Tract No. 5097
(Landscaping), located
at the southeast corner
of Pin Oak Park
Boulevard and south of
Laurelglen Boulevard,
Contract No. 89-73,
completed May 1, 1990.
Constructing Interface
Pipeline - Phase 2
Facilities for the
Groundwater Recharge
Basin, Contract
No. 89-228, completed
May 7, 1990.
Approval of Plans and
Specifications for the following:
Construction of curb
and gutter in area
bounded by Snyder Lane,
"P" Street, Terrace
Way, and Vernal Place.
Bakersfield, California, May 46, 1990 - Page 3
10.
11.
12.
Rehabilitation of
6-inch sewer lines in
easement east of
Oleander Avenue and
west of "H" Street
between 1st and Bank
Streets.
Resurfacing of Wilson
Road, Cherry Hills
Drive, Pebble Beach
Drive, Ming Avenue,
East Truxtun Avenue,
Panama Lane, and
Pacheco Road, at
various locations.
Drilling of Water Well
at Wastewater Treatment
Plant No. 2, Farm Site.
Installation of floor
hatch and ladders at
Wastewater Treatment
Plant No. 2.
Wible Road median from
Panama Lane to Auto
Mall Drive.
Traffic signal system
on Belle Terrace at
South Chester Avenue.
Traffic signal system
on Fairview Road at
South "H" Street.
Traffic signal system
on San Dimas Street at
34th Street.
Traffic signal system
on Pacheco Road at
Stine Road.
Installation of
reflectorized pavement
markers at portions of
Stockdale Highway,
Brundage Lane, Ming
Avenue, Oswell Street,
Fairfax Road, White
Lane, Fruitvale Avenue,
Hageman Road, Gosford
Road, and Panorama
Drive.
Modification of
existing traffic
signals on Beale Avenue
at Monterey Street and
Niles Street.
Bakersfield, California, May 16, 1990 - Page 4
df e, ff
deletion
vote:
Request for Extension of Time
from ATC Realty Five, Inc., to
extend the completion date for
Improvement Agreement No. 88-148
for State Route 178 street
improvements to June 1, 1991.
Agreement No. 90-108, Amendment
No. 3 to Emergency Shelter Grant
Program Agreement (Agreement
No. 88-43 and Amendment No. 2,
89-109) with the County of Kern.
Agreement No. 90-109 between the
City of Bakersfield, Riverlakes
Ranch and Fruitvale Properties
for Coffee Road widening between
Meany Avenue and the southwest
corner of Section 16, T.29S.,
R·27E, M.D.B.& M.
Agreement No. 90-110 between the
City of Bakersfield, Riverlakes
Ranch and Fruitvale Properties
for Coffee Road widening between
Hageman Road and southwest corner
of Section 16, T.29S., R.27E.,
M.D.B.&M.
Agreement No. 90-111 with Don
Judkins, Inc. /Cambridge
Properties for extension of
domestic water main.
Award of Contract No. 90-112 for
the paving of the Monitor Park
parking lot to Griffith Company
in the amount of $5,187.52.
Upon a motion by Councilmember Salvaggio, Items a, c,
g, h, i, j, k, and l of the Consent Calendar, with the
of Item b, were adopted by the following roll call
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
PUBLIC STATEMENTS
Mr. Jim Banducci, Banducci Enterprises, spoke
regarding the Arthritis Association Adoptive Aquatics Center
and stated that the pool has been purchased, $150,000 in
pledges has been raised in the last thirty days, and they will
break ground no later than December 1, 1990.
Mr. Kevin Rupp, 2702 20th Street, spoke in support of
reappointing Victoria Araujo to the Central District
Development Agency.
Bakersfield, California, May 16, 1990 Page 5
Mr. Charles Drew, 1401 19th Street, President of the
Downtown Business Association, spoke in support of reappointing
Victoria Araujo to the Central District Development Agency.
Mr. Charles G. Waide, Jr., Kern County Public
Employees Association, 1001 17th Street, spoke regarding the
City physician selection and submitted petitions to employ a
new doctor or medical group.
Ms. Hanan Wadood, 234 Eye Street, #8, spoke in
support of reappointing Victoria Araujo to the Central District
Development Agency.
Ms. Mary Helen Barro, 14500 Las Palmas Drive, #22,
spoke in support of reappointing Victoria Araujo to the Central
District Development Agency.
Mr. Stefan Lambert, 311 "T" Street, spoke
of reappointing Victoria Araujo to the Central
Development Agency.
in support
District
Mr. Glenn Colbert, 1030 2nd Street, spoke
of reappointing Victoria Araujo to the Central
Development Agency.
in support
District
HEARINGS
This is the time set for public hearing
before the Council of the City of
Bakersfield on an appeal by Diversified
Shopping Centers of Comdition No. 10 of
Planming Commission Resolution No. ll-90
approving the zone change from an H-1 (One
Family D~ellimg) Zone to a P.C.D. (Plamned
Commercial Development) Zone on that
certain property located at 2500 Bernard
Street in the East Hills Center.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. John O'Maire, representing Diversified Shopping
Center, spoke in opposition to the decision of the Planning
Commission.
,~r. Duncan Budinger, representing the East
Bakersfield Roadway Association, spoke in opposition to the
decision of the Planning Commission.
Mr. Chester Moland, Operations Manager of GET, spoke
in support of the decision of the Planning Commission.
Mr. John O'Maire spoke in rebuttal in opposition to
the decision of the Planning Commission.
Mr. Duncan Budinger spoke in rebuttal in opposition
to the decision of the Planning Commission.
49,c,
Bakersfield, California, May 16, 1990 - Page 6
Mr. Chester Moland spoke in rebuttal in support of
the decision of the Planning Commission.
No further protests 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.
Councilmember Smith made
decision of the Planning Commission,
reads as follows:
a motion to uphold the
and to add Option 1 which
Renegotiate the bus access agreement with
Hahn Company to allow bus access and
routing on New Market Way thus allowing bus
entrance to the site from the west side
(Fashion Place) and exiting onto New Market
Way. This option would require the
developer to reinforce the paving to
standards required for buses from the
entrance at Fashion Place, along the main
access in front of the buildings, and
continuing through the exit onto New Market
Way, and along New Market Way from the exit
to Bernard Street and across New Market Way
to the parcel on its east side. Two bus
turnouts for passenger pickup and drop off
shall be provided, as approved by the City
Traffic Engineer, on site. One of the
turnouts shall be located in the vicinity
of the Wal-Mart store during phase one, and
the other will be on the east side with the
development of phase two.
The motion was approved by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember Brunni clarified her vote stating that
she feels there is a need to send a clear message of resolve
that the Council wants everyone to work together now. A
thirty-day extension would only prolong the issue.
Mayor Medders recessed the meeting at 9:03 p.m. The
meeting reconvened at 9:11 p.m.
497
Bakersfield, California, May 16, 1990 - Page 7
This is the time set for public hearing
before the Council of the City of
Bakersfield on an appeal by Tom Faulkner to
the decision of the Board of Zoning
Adjustment denying Conditional Use Permit
(CUP #5007) to allow retail sales of truck
parts and truck repair in a C-2
(Commercial) Zone on that certain property
commonly known as 300 Brundage Lane.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Communication has been received from Tom Faulkner,
dated May 14, 1990, requesting continuance of this hearing to a
later date.
Mayor Medders declared the hearing open for public
participation.
Mr. Tom Faulkner responded to inquiries from the
Council regarding his plans for the site and the reason for a
continuance.
Upon a motion by Councilmember
was continued to the Council meeting of
following roll call vote:
Edwards, this hearing
June 13, 1990, by the
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
REPORTS
Councilmember Edwards announced he will abstain from
voting due to a real or imaginary conflict of interest.
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 7-90 regarding Community
Development Block Grant Application for Fiscal Year 1990-91 as
follows:
The Budget and Finance Committee met on
May 7, 1990, to consider the funding
requests from City departments, request for
assistance by non-profit organizations and
the CDBG Application for the Fiscal
Year 1990-91. The FY 1990-91 budget of
$1,500,000 is composed of $1,201,000 in
entitlement funds and $299,000 in program
income.
498
Bakersfield, California, May 16, 1990 - Page 8
Due to the numerous proposals from City
departments and non-profit agencies and
limited CDBG funding, it was not possible
to fund all requests. Some of the criteria
used for screening departmental proposals
included program eligibility, low/moderate
income qualification, and completion of
phased activities . For non-profit
proposals, some of the screening criteria
also used included the ability to provide
site control, matching funds, and implement
the project in a timely fashion.
The Budget and Finance Committee has
reviewed the proposals for next year, and
we are recommending that the attached
FY 1990-91 budget be approved by the City
Council, and that the City Manager be
authorized to execute the FY 1990-91 CDBG
Application and necessary documents for
submittal to HUD.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 7-90 was accepted and staff was
authorized to submit the application to HUD for funding.
(Discussion regarding Report No. 7-90 continues on
Page 9.)
Councilmember DeMond read Budget and
Committee Report No. 8-90 regarding Fiscal Year
Downtown Improvement District Budget Proposal from
Business Association as follows:
Finance
1 990-91
Downtown
On April 23, 1990, the Budget and Finance
Committee reviewed the budget proposal
prepared by the Downtown Business
Association, relating to the Downtown
Improvement District. The current
agreement requires that a general programs
and activities statement be provided along
with the budget proposal. In addition, the
agreement calls for the quarterly
submission of a detailed activity and
progress report. The Committee requests
that both these items be forwarded to the
City of Bakersfield.
Further, in reviewing the budget proposal
it is noted that it includes a substantial
reduction from prior years and that there
is an estimate which indicates a deficit
for this current year. In light of this,
it is recommended that the City Manager
evaluate the adequacy of the current budget
(and the availability of funds) to carry
out the task required under the current
agreement.
The Committee felt it advisable that the
current agreement be updated in a manner
consistent with other City contracts and
agreements within the first quarter of
Fiscal Year 1990-91. The updated agreement
should consider the tasks required of the
DBA, an annual renewal of the agreement, as
well as an annual audit and evaluation of
expenditures and programs.
499
Bakersfield, California, May 16, 1990 - Page 9
It is the opinion of this Committee that
the revisions to the current contract will
ensure a cost effective delivery of
services for the Downtown Improvement
District. In regards to the immediate
needs the forwarding of the budget's
general program and activity statement, a
quarterly report as well as an operations
and fiscal evaluation would prove to be
very helpful in considering the budget
proposal for Fiscal Year 1990-91.
Upon a motion by Councilmember DeMond, Budget and
Finance Committee Report No. 8-90 was accepted.
Upon a
recommendations of
were implemented.
motion by Councilmember DeMond, the
Budget and Finance Committee Report No. 8-90
Councilmember Salvaggio clarified his vote regarding
Budget and Finance Committee Report No. 7-90 regarding
Community Development Block Grant Application for Fiscal Year
1990-91 and stated that he is proud of the Application and
thanked the Committee for their work on this project.
Councilmember Peterson read Budget and
Committee Report No. 9-90 regarding Selection of City
as follows:
Finance
Physician
The City Council referred the selection of
the City Physician to the Budget and
Finance Committee for review and
recommendation. Interviews for the City
Physician were conducted by a staff
interview panel based on the proposals
submitted. The panel interviewed six firms
from the seven who submitted proposals.
The six firms interviewed were ranked using
the evaluation sheet which was included
from the Request for Proposals. In
addition, site visitation and evaluation
was done for the three firms who scored the
highest in the interview process.
The costs for pre-placement physical
examinations which constitute a majority of
the work required of the City physician
were comparable for the three highest rated
proposals. All proposals submitted agreed
that workers' compensation fees would be
charged under the RVS schedule by the City
Physician. All providers indicated a
willingness to encourage use of the RVS
schedule in workers' compensation billing
for specialists used as referrals.
500
Bakersfield, California, May 16, 1990 - Page 10
Information provided in each proposal was
reviewed by the panel, including an
analysis of the anticipated costs for
pre-placement physical examinations based
on the estimated number of specific types
of physicals typically requested by the
City and the physician's bid. Based upon
the information provided in the proposals,
interviews and site visits, staff
recommended the selection of San Joaquin
Industrial Medicine Associates.
The Committee has met with staff and
reviewed their recommendation for City
Physician. While a majority of the
Committee supports staff's recommendation,
one committee member expressed a preference
that a panel of physicians be utilized
instead of selecting a single physician.
Therefore, the Committee recommends that
the Council authorize the Mayor to execute
the Contract for Professional Services with
San Joaquin Industrial Medicine Associates
for a period of two years with a
performance review by staff after one year.
Upon a motion by Councilmember Peterson, Budget and
Finance Committee Report No. 9-90 was accepted.
Approval of Contract No. 90-113 with San
Joaquin Industrial Medicine Associates for
professional services.
Upon a motion by Councilmember Peterson, Contract
No. 90-113 with San Joaquin Industrial Medicine Associates was
approved and the Mayor authorized to execute the Contract by
the following roll call vote:
Ayes: Councilmembers Peterson, Smith, Brunni, McDermott,
Noes: Councilmembers Edwards, DeMond, Salvaggio
Abstain: None
Absent: None
Councilmember Salvaggio clarified his vote by stating
he feels that a panel of physicians would be more appropriate
than selecting a single physician.
Councilmember Edwards clarified his vote by stating
he was not happy with the process of selecting a City
Physician. It appeared to him there were questions that were
biased. He also feels that since the City employees were the
ones receiving the service, they should have had a major role
in the decision making process.
Councilmember Brunni clarified her vote by stating
that this has been a healthy process for the City, the
employees, the Council and the staff.
Councilmember DeMond clarified her vote by stating
that she supports the panel partly because of the Council's
belief in widening the stream, so to speak, in other areas of
people that the Council has asked to do certain projects and
she hopes that will be taken into consideration next time.
501
Bakersfield, California, May 16, 1990 - Page 11
Councilmember Peterson clarified his vote by stating
that he voted against the panel because there were some of the
doctors that were already contracting with the City and many of
the employees are involved with that contract and it would be a
conflict of interest to send those same individuals to that
same doctor who is already paid beforehand to meet their
medical needs and then he can also refer them with a worker's
compensation situation where the City would have a double
billing situation.
Dr. Christiansen responded to questions by
Councilmember Peterson.
Councilmember Smith, Chairperson of the
Intergovernmental Relations Committee, read Report No. 3-90
regarding Underground Storage Tank Program as follows:
The Intergovernmental Relations Committee
recently met with representatives of Kern
County to discuss the City assuming
responsibility for the administration of
the Underground Storage Tank Program within
the City Boundaries under AB 2031.
Currently the Underground Storage Tank
Program is administered by the Kern County
Environmental Health Department. This
results in a shared responsibility between
Kern County Environmental Health and City
of Bakersfield Fire Department. The effect
to City businesses is two permits and two
separate inspections are required for tank
installation and removal . A recent
assembly bill signed into law enables a
City, by ordinance, to assume
responsibility for implementing the
Underground Storage Tank Program within the
boundaries of the City. The fees collected
by the City for this program if it were
City administered would be less than the
combined City and County fees currently
being charged for this program. Each owner
of an underground storage tank within the
City is currently in the electronic data
base maintained by the City, as required in
AB 2185, The Hazardous Materials Disclosure
regulations. The inspection of those
businesses as required by the Underground
Storage Tank Program, as well as the
recording of inventory reconciliation for
those businesses and overall program
administration can also be absorbed by the
City department currently responsible for
the Hazardous Materials inventory
disclosure. This will result in several
advantages to the Businesses within the
City as well as the City of Bakersfield.
Bakersfield, California, May 16, 1990 - Page 12
The Committee met with both City and County
staff and representatives from the Kern
County Board of Supervisors several times
to discuss concerns regarding the transfer
of the program. The County has stated that
the City would also be required to be
responsible for site mitigation if the
Underground Tank Program were transferred.
While the City is not obligated to assume
this responsibility under AB 2031, staff
will continue to meet with County staff to
discuss this issue with the County.
Therefore, in order to provide more
centralized and cost effective
administration of the Underground Tank
Program, this Committee recommends that the
City Council give first reading of an
Ordinance of the City of Bakersfield adding
Section 8.60.060 to the Bakersfield
Municipal Code relating to underground
Storage Tanks.
Upon a
Intergovernmental
accepted.
motion
Relations
by Councilmember Smith,
Committee Report No. 3-90 was
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Section 8.60.060 to the Bakersfield
Municipal Code relative to Underground
Storage Tanks.
Councilmember DeMond, Chairperson of the Legislative
and Litigation Committee, read Report No. 2-90 regarding
Proposition 111 and Proposition 108 as follows:
During April the City Council referred to
the Legislative and Litigation Committee
for review Proposition 111 which is on the
June 5, 1990 California ballot. During its
deliberations, the Committee discussed the
impact of both Proposition 111 and an
accompanying bond authorization bill,
Proposition 108.
Proposition 111, the Traffic Congestion
Relief and Spending Limitation Act of 1990,
adjusts the way cities set their spending
limits, allowing appropriations limits to
be adjusted annually at a rate to keep pace
with the economic growth of the city. It
also allows for increases in vehicle fuel
taxes and truck weight fees to fund needed
CalTrans, county and city transportation
improvements and revises the school funding
initiative passed in 1988 to balance the
state's educational needs with the needs of
other state services.
'5O3
Bakersfield, California, May 16, 1990 Page 13
Proposition 108, the Passenger Rail and
Clean Air Bond Act, authorizes the State to
issue $1 billion in general obligation
bonds to pay for rail transportation
projects. As a bond act, it must be
separate from Proposition 111 but cannot be
implemented unless Proposition 111 passes.
Cities provide a major role in building and
maintaining local streets and roads.
Bakersfield, as the major municipal hub in
the County of Kern, is very aware of the
impacts transportation needs have on the
infrastructure and on the environment.
Cities have been financially strapped and
have been unable to maintain local streets,
roads and other transportation systems, let
alone build new projects to meet the major
growth experienced in the past decade.
Through Proposition 111, Californians can
modify the existing government spending
limit and provide a traffic congestion
relief package geared to relieve the
massive transportation gridlock crisis
facing the state.
The Legislative and Litigation Committee
urges the City Council to support both
Proposition 111 and Proposition 108 which
will provide an infusion of new revenues to
the state, cities and counties to fund
badly needed improvements in the
transportation system. Therefore, the
Committee recommends that the City Council
accept this report and adopt the
Resolution.
Upon a motion by Councilmember DeMond, Legislative
and Litigation Committee Report No. 2-90 was accepted.
Adoption of Resolution No. 48-90 of the
Council of the City of Bakersfield
Supporting Proposition 111, "The Traffic
Congestion Relief and Spending Limitation
Act of 1990," and Supporting
Proposition 108, "The Passenger Rail and
Clean Air Bond Act of 1990."
Upon a motion by Councilmember DeMond, Resolution
No. 48-90 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
Councilmembers Peterson, Brunni
Councilmember McDermott
None
Salvaggio
594
Bakersfield, California, May 16, 1990 - Page 14
D]~'ERR~D BUSINESS
Adoption of Ordinance No. 3290 of the
Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those certain properties located
on the southwest corner of South Brown
Street and East California Avenue from a
C-]-D (Limited Commercial-Architectural
Design) Zone to a C-2 (Commercial) Zone.
This Ordinance was given first reading at the meeting
of May 2, 1990.
Upon a motion by Councilmember Edwards, Ordinance
No. 3290 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Section 5.10.130 of the Bakersfield
Municipal Code relating to Liability
Insurance.
This Ordinance was requested by the Risk Manager to
bring the insurance requirements for Ambulance Operators within
the City in line with the City's insurance requirement
standards. The proposed general liability insurance
requirements are consistent with what is currently required of
ambulance providers by Kern County. The proposed requirement
of $1,000,000 for automobile insurance is requested to cover
the City's Self Insurance Retention. The Budget and Finance
Committee has reviewed the proposed Ordinance and recommends
first reading.
Adoption of Resolution of Intention
No. 1073 of the Council of the City of
Bakersfield declaring its intention to
order the vacation of 11.25 feet on the
east side of Jewett Avenue and on the west
side of "O" Street, in the City of
Bakers field.
This Resolution sets the public hearing for the
Council meeting of June 27, 1990.
Upon a motion by Councilmember DeMond, Resolution of
Intention No. 1073 of the Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
595
Bakersfield, California, May 16, 1990 - Page 15
Approval of Agreement NO. 90-114 with Sher
Group for services as City's Health Care
Consultant.
Upon a motion by Councilmember McDermott, Agreement
No. 90-114 with Sher Group was approved and the Mayor
authorized to execute the Agreement.
Approval of Agreement No. 90-115 with Blue
Cross of California for funding from
January 1, 1990, to December 31, 1990.
Upon a motion by Councilmember Peterson, Agreement
No. 90-115 with Blue Cross of California was approved and the
Mayor authorized to execute the Agreement.
Approval of Lease Agreement No. 90-116 with
ATCO Property Management regarding
Incentive Area Information Center.
Upon a motion by Councilmember Edwards, Lease
Agreement No. 90-116 with ATCO Property Management was
approved, expenditure authorized, and the Mayor authorized to
execute the Agreement, all subject to the approval of an
agreement with the County of Kern to share the cost of the
Information Center, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Approval of Independent Contractor's
Agreement No. 90-117 with BSK & Associates
to provide geotechnical services for the
runway construction at the Bakersfield
Municipal Airport.
Upon a motion by Councilmember Salvaggio, Agreement
No. 90-117 was approved and the Mayor authorized to execute the
Agreement.
Presentation to the City Council of the
Fiscal Year 1990-91 Operating, Capital
Improvements and Central District
Development Agency Budgets.
Upon a motion by Councilmember Peterson, the matter
was referred to the Budget and Finance Committee and proposed
reclassifications were referred to the Personnel Committee.
a brief
1990-91
John Stinson, Assistant to the City Manager, provided
presentation regarding the Budget and distributed the
Budget Summary and Proposed Budget.
Approval of Plans and Specifications for
construction of Water Operations and
Administration Building located on Buena
Vista Road at the River Canal, 1/8 mile
south of Stockdale Highway.
Upon a motion by Councilmember Brunni, Plans and
Specifications were approved.
Bakersfield, California, May 16, 1990 - Page 16
Management and Internal Control Report from
KPMG Peat Marwick.
Upon a motion by Councilmember
response was received and staff assignments
deadlines were established.
McDermott, staff
and implementation
Negative Declaration for proposed traffic
signal and median improvements at South
Chester and Belle Terrace.
Upon a motion by Councilmember Edwards, the Negative
Declaration with mitigation measures was certified by the
following roll call vote:
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
One ( 1 ) vacancy on the Historic
Preservation Commission due to the
expiration of term by Carl Frazer, term
expired March 30, 1990 (Mayor}.
Upon a motion by Councilmember DeMond, Mayor Medders'
nomination of Shirlyn D. Davenport, 6416 Chukkar Lane, to the
Historic Preservation Commission was confirmed.
Three (3) vacancies on the Central District
Development Agency.
One vacancy due to the expiration
of term by Wayne Killmet, term
expired April 22, 1990.
One vacancy due to the expiration
of term by Victoria Araujo, term
expired April 22, 1990.
One vacancy due to the
resignation by Paul Kronenberg,
term expiring April 22, 1991.
Upon a motion by Councilmember Edwards, the
nominations by Mayor Medders of Michael E. Sceales,
6507 Caswell (to fill the term of Wayne Killmer); Herman
Ruddell, 204 Gabriel (to fill the term of Victoria Araujo); and
Victoria Araujo (to fill the term of Paul Kronenberg) to the
Central District Development Agency were confirmed by the
following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Peterson
Councilmembers McDermott, Salvaggio
None
None
Noes:
Abstain:
Absent:
Brunni,
Councilmember Salvaggio stated for the record that he
would prefer that Victoria Araujo be appointed for a full
four-year term and stated that the Mayor has indicated that he
would probably reappoint her, if she wishes to serve, after
this year.
Bakersfield, California, May 16, 1990 - Page 17
COUNCIL STATEMENTS
Councilmember Smith made note that the Council has
received a report from Chief Needham describing the
congressional oversight hearing he attended in Salt Lake City
and thanked Chief Needham for attending this meeting. Upon a
motion by Councilmember Smith, the matter of the alignment of
the gas pipeline was referred to the Urban Development
Committee.
Councilmember Brunni asked staff to look at making
government more accessible to people and to make them more
aware of situations that will affect them by increasing the
public hearing regulations of notifying people within 1,000
feet instead of 300 feet.
Councilmember Brunni referred to the Public Works
Department the matter of installing a sign at the corner of "F"
and Elm Streets making people aware not to turn left onto
Golden State for safety reasons.
Councilmember Brunni spoke regarding the May 4, 1990,
memorandum from Paul Dow regarding the Kern River Parkway
District Formation and asked staff to look into forming a Kern
River Parkway District and the possibility of getting it on the
ballot.
Councilmember Brunni asked for an update regarding
the formation of the Land Use Committee for the Kern Water
Bank.
Councilmember Edwards asked staff questions about the
residential street requirements for boards and commissions.
Councilmember Edwards asked staff for a
recommendation to limit the proliferation of yard sales.
Councilmember Peterson asked staff for information
regarding the bids and high cost of the Water Operations and
Administration Building located on Buena Vista Road at the
River Canal.
Councilmember Peterson stated his support of Victoria
Araujo, and also stated he is disappointed at the City's
response to the Grand Jury's Report. He feels the City needs
to explain why the mistakes were made and be responsible to the
citizens of the City of Bakersfield.
Councilmember McDermott stated that what he saw in
the Grand Jury's report was just a rehash of issues that the
City has already discussed. The report criticized and did not
propose any solutions.
Councilmember Salvaggio stated that the adult
programming channels can be heard and viewed in
non-subscribers' homes despite the scrambling. The City
Attorney has written a letter to Warner Cable and Warner Cable
sent a memo to City Attorney Saalfield informing him that
information will be sent to each Warner customer regarding
available services to block out these channels. He stated he
does not feel this response is adequate and asked the City
Attorney to look into it.
508
Bakersfield, California, May 16, 1990 - Page 18
Councilmember Salvaggio requested the City Attorney
to take a look at the Franchise Agreement with Warner Cable,
specifically with respect to Page 11, Section 9, where it
states that the City Council shall have the power to establish
reasonable rules and regulations governing technical
performance of the system and operational practices of the
Grantee.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 10:40 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
ACTING CITY CLERK and Ex Offi~iq3 Clerk of
the Council of the City of Bakersfield, CA
kdsc