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HomeMy WebLinkAbout09/13/1989 MINUTES CC151 Bakersfield, California, September 13, 1989 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., September 13, 1989. The meeting was called to order by Mayor Medders. Present: Councilmembers Anthony, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio (seated at 5:18 p.m.) Absent: None Mr. Steve Ruggenberg, Manager, Golden Empire Transit (GET), spoke regarding key issues between GET and City Council. Mr. Stan Grady introduced Tom Paxson of the Air Quality Control District. Mr. Tom Paxson, Air Quality Control District, provided an outline and documentation regarding air pollution control. Mr. Joe O'Bannon, Technical Services Section of the Air Quality Control District, explained structure of operation of Kern County Air Pollution Control District. Mr. Eric Chapman, Air Quality Control District, explained various laws governing clean air. Ms. Linda Chester spoke regarding Non-Attainment Plan and the California Clean Air Act. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Grady-Smith vs. City of Bakersfield. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at 6:02 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 6:30 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, September 73, 1989 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., September 13, 1989. The meeting was followed by the Invocation Pledge of Allegiance. called to order by Mayor Medders, by Councilmember Anthony and the City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, Councilmembers $,nith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio None Calendar: The CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. 1089 to 1454 inclusive, in the amount of $3,498,417.91 . b. Minutes of the Regular Meeting of August 30, 1989, for approval. c. Communications: Communication from Susan Lamb, Administrative Assistant, Golden Empire Transit District, 1830 Golden State Avenue, dated August 22, 1989, submitting a copy of the District's proposed revised budget for 1989/90 Fiscal Year. (RECEIVE AND PLACE ON FILE) Communication from Ann Sanders, 2721 Spruce Street, dated August 23, 1 989, regarding lawn blowers. (RECEIVE AND PLACE ON FILE) Dedication of Properties: Street Right-of-Way Deed No. 3141 from Joseph A. and Joan K. Leon for additional street right-of-way located at the northeast corner of Inyo Street and East California Avenue. Final Map and Improvement Agreement No. 89-200 with Dennis DeWalt, Inc., for Tract 5034, Phase 4, consisting of 34 lots on 7.14 acres located south of Hageman Road and east of Calloway Drive. Consent Bakersfield, California, September 13, 1989 Page 2 Notices of Completion and Acceptance of Work for the following: Tract No. 5041 , located south of Laurelglen and Pin Oak Park Boulevard, Contract No. 89-11 1 , completed August 18, 1989. Tract No. 5099, located at the intersection of Parkview and White Lane, Contract No. 89-74, completed August 18, 1989. Approval of Plans and Specifications for: Construction of an engine house at the proposed Stine Road Fire Station. Purchase and installation of a mobile home at the proposed Stine Road Fire Station. 3. Painting of existing steel at the Oak Street Bridge. Installation of metal beam guard railing at Morning Drive, north of Freeway 178. Request for Extension of Time from Oceanic Communities, Inc., to extend the completion date for Improvement Agreement No. 87-235, Parcel Map No. 8397, to September 30, 1990. Agreement No. 89-201 with Coded Systems Corporation for Supplement Service and new Index for the Bakersfield Municipal Code. Agreement No. 89-202 with Kris Smetzer to provide instruction for tennis. Agreement No. 89-203 with the Panama-Buena Vista School District for after-school recreational programs. Upon a motion by Councilmember Salvaggio, Items a, b, c, d, e, f, g, h, i, j, and k of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Bakersfield, California, September 13, 1989 Page 3 PUBLIC STATEMENTS Mr. Harold D. Figard, Associate with the California Association of the Physically Handicapped, 1921 Harbor, spoke regarding handicapped parking. Upon a motion by Councilmember McDermott, the matter of handicapped parking was referred to staff. HEARINGS This is the time set for a continued public hearing regarding amendment to the Land Use Element of the General Plan, Zone Change and proposed environmental documents concerning: SEGMENT 1: Charles Ulbrich's request to amend the Bakersfield Metropolitan Area General Plan to Commercial and rezone from R-3-D to C-2 a 41,000 +/- square foot site located along the west side of Oswell Street between Bernard Street and Pico Avenue. This hearing was continued from the meeti,%gs of August 9, 1989, and August 30, 1989. This hearing has been duly advertised, posted and the property owners notified as required by law. Communication has been received from Charles Ulbrich, Venture Properties, dated September 13, 1989, withdrawing his request to amend the Land Use Element of the General Plan and Zone Change. Mayor Medders announced that the request by Charles Ulbrich to amend the Bakersfield Metropolitan Area General Plan was withdrawn and no hearing would be held. This is the time set for public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1066 declaring its intention to order the vacation of the easterly 4 feet of Inyo Street between East California Avenue and Alpine Street in the City of Bakersfield. This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. Alfonzo Alderete questioned whether curbs and gutters would be put in. No further 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, September 13, 1989 - Page 4 Upon a motion by Councilmember DeMond, this hearing was continued to the Council meeting of September 27, 1989. This is the time set to consider an appeal of the Planning Commission's partial approval of a request to allow a modification to a waiver of direct access on Parcel 2 of Parcel Map 8096 located on the southeast corner of white Lane and Gosford Road. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received from James C. "Bo" Lundy, ASU & Associates, 5500 Ming Avenue, Suite 160, dated September 7, 1989, registering the adjustment of an access point on White Lane of Parcel 2 of Parcel Map 8096, 50 feet to the west towards Gosford Road. Correspondence has been received from Thomas J. Jamieson, Jaco Hill Company, dated September 12, 1989, withdrawing his request to appeal the waiver of direct access at White Lane and Gosford Road. Mayor Medders announced that the request to appeal the waiver of direct access at White Lane and Gosford Road by Thomas J. Jamieson, Jaco Hill Company, was withdrawn and no hearing would be held. This is the time set for a public hearing to consider an appeal by East Hill Associates of the Planning Commission's denial of final development plans for an amended P.C.D. to add the Harris Department Store to the East Hills Mall. law. The property owners have been notified as required by Correspondence has been received from Duncan A. Budinger, Project Manager for The Hahn Company, dated September 12, 1989, explaining their position with regards to the East Hills Mall Project. Mayor Medders declared the hearing open for public participation. Mr. Jack Hardisty, Planning Director, provided an explanation of the maps depicting the Harris Store. Mr. Duncan Budinger, representing East Bakersfield Associates, explained background. Mr. Daniel Phillips, Vice President, The Hahn Company, spoke in favor of the appeal. 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. Councilmember Smith made a motion to accept the final development plans for the amended P.C.D. for the Harris store. Bakersfield, California, September 13, 1989 Page 5 Upon a motion by Councilmember Salvaggio, Mayor Medders declared the hearing reopened for public participation. Ms. Teri Bjorn, Chairperson of the Planning Commission, spoke in favor of the final development plans for the amended P.C.D. for the Harris store. No protest or objections being received and no o~le else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Smith, the final development plans for the amended P.C.D. for the Harris store were approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio None None None Ratty, REPORTS Mr. Fred Drew, Director, Emergency Medical Services (EMS), presented report regarding Greater Bakersfield Ambulance Service Boundary - Emergency 9-1-1 calls as follows: Honorable Mayor and City Council Members. I am pleased to report to you this evening that the ambulance service area boundary issue for the greater Bakersfield area has been resolved. This resolution was outlined in detail for you in the letter dated September 7, 1989, which is part of your agenda packet. This agreement was reached primarily because of the flexibility shown by the ambulance providers in the negotiation process and because of their sincere desire to move forward with the overall EMS system. The agreed-upon boundary meets the objectives set by the EMS Department in that it provides Hall Ambulance with 55% of the emergency 9-1-1 calls and Golden Empire Ambulance with 45% of the emergency 9-1-1 calls and results in more consolidated response zones for each company. These revised service zones will become effective December 1, 1989, and will remain in effect for a two-year period, ending January 31, 1992, after which they will be reviewed every two years. My recommendation on this issue will go to the Board of Supervisors for approval next Tuesday, September 19, 1989. Bakersfield, California, September 13, 1989 Page 6 One of the overall primary goals through the process was to maintain ambulance services at the highest possible level. It became apparent that a corollary and directly related issue, to the boundary issue, was ambulance rates, especially when considering the level of service being provided. Ambulance providers within Kern County and the City of Bakersfield took the lead years ago to upgrade pre-hospital service to the paramedic level. In order to maintain that excellent level of service, the issue of rates now comes to the forefront. The EMS Department encourages the Bakersfield City Council to approve the previous recommendation made by the Council's Budget and Finance Committee for the ambulance rate increase. It is believed that additional compensation is appropriate at this time, since there has not been an increase in over two years and in reviewing the current rates and level of service in comparison with other communities. A statewide comparison made one year ago of current rates (both regulated and non-regulated) within the greater Bakersfield area is shown at Enclosure One (Basic Life Support BLS) and Enclosure Two (Advanced Life Support - ALS). The comparison shows the regulated rates to be in the lower one-third statewide, while the non-regulated rates approach the upper third statewide. The increase recommended by the Budget and Finance Committee for BLS (9%) and ALS (9.7%) only covers the cost of living increases over the past two years for only those categories. As you may recall, the recommendation was only for BLS, ALS and ALS without procedures, with no increases recommended in any of the other five areas such as oxygen, night, emergency, etc. It should also be noted that the specific rates do not transmit directly into actual dollars received by the ambulance service, because of reduced insurance payment procedures. Bakersfield, California, September 13, 1989 - Page 7 Enclosure Three gives an example scenario of a typical ambulance response showing the increased cost to a citizen within the regulated area if the Budget and Finance Committee's recommendation is approved. For a typical BLS call the increase would be only 3.5% and for an ALS call the increase would be 5.8%. In the third category, ALS response to call, with no ALS procedures, the increase would be from $338 to $405, or 1 9.8%. This may seem unreasonably high, however, when it is considered as part of the overall system, it is not unreasonable. For instance, currently citizens pay for the availability of BLS and ALS service with two different rates. When a paramedic unit (ALS) responds to a call, but the paramedic procedures are not required, the company can only bill the BLS rate. Over the past several years, the EMS Department has encouraged increasing the level of service to ALS or paramedic. Coupled with that, has been the establishment of performance criteria of arriving at 90% of the calls within eight minutes, which is much more stringent than State or Federal minimum levels, and so far this has been achieved by the ambulance providers. This increased capability has created a greater benefit to the citizens of our community, but has necessarily caused increased costs to the ambulance companies. In our opinion, the tangible benefit of having a paramedic available, even when not used; rather than just an EMT-I, more than offsets the cost, in our opinion. This is a positive proactive approach and keeps the ambulance services in our community at the highest possible level. It is the EMS Department's opinion that when all aspects of this situation are considered, it would be both prudent and reasonable to provide a rate increase for ambulance providers, and this is why the EMS Department encourages the Council to move forward with the Budget and Finance Committee's previously recommended rate increase Thank you. Councilmember Peterson ambulance rate issue to the Budget report back to the Council. made a motion to refer the and Finance Committee with a Councilmember Peterson restated his motion to refer to the Inter-Governmental Relations Committee the recommendation to approach the Board of Supervisors to form a joint powers agreement between the City and the County. The motion was denied. Councilmember Peterson's main motion to refer the ambulance rate issue to the Budget and Finance Committee with a report back to the Council was approved. !59 Bakersfield, California, September 13, 1989 - Page 8 ACTION ON BIDS Approval of Agreement No. 89-204 with Tumblin Company for construction of box culvert at the Calloway Canal and bridge at the Friant-Kern Canal on Coffee Road. Upon a motion by Councilmember Ratty, the low bid from Tumblin Company in the amount of $1,178,129.00 was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Four Wheel Drive Cab and Chassis for Fire Department (2 replacement vehicles). Upon a motion by Councilmember McDermott, the low bid from Jim Burke Ford in the amount of $34,981.40 was accepted and the other bid rejected. Street Patch Truck and Dump Truck (Replacements) o Upon a motion by Councilmember Peterson, the low bid from Motor City Sales and Service in the amount of $104,057.93 was accepted the all other bids rejected. Approval of Contract No. 89-205 with Griffith Company for street resurfacing of portions of Palm Street, Garnsey Avenue, Garnsey Lane, and Fambrough Drive. Upon a motion by Councilmember DeMond, the low bid from Griffith Company in the amount of $185,787.93 was accepted, the other bid rejected, and the Mayor was authorized to execute the Contract. Approval of Contract No. 89-206 with W.M. Lyles Company for construction of a pipeline on Truxtun Avenue and Coffee Road from the intersection of Truxtun Avenue east and Coffee Road north across the Kern River and Cross Valley Canal. Upon a motion by Councilmember Ratty, the low bid from W.M. Lyles Company in the amount of $223,701.00 was accepted, all other bids rejected, and the Mayor was authorized to execute the Contract. Approval of Resolution No. 165-89 of the Council of the City of Bakersfield determining that certain Communication Equipment can be reasonably obtained from only one vendor, Motorola C & E, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $549,030.00. Upon a motion by Councilmember Peterson, Resolution No. 165-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, 160 Bakersfield, California, September 13, 1989 - Page 9 DEFERRED BUSINESS Adoption of Ordinance No. 3250 of the Council of the City of Bakersfield amending Subsection A. of Section 12.56.050 of the Bakersfield Municipal Code relating to Prohibited Acts in Parks. This Ordinance was given first reading at the Council meeting of August 30, 1989, following receipt and acceptance of Auditorium and Community Services Committee Report No. 11-89. Scheidle, ordinance Communication has been received from Mr. and Mrs. D. 4305 Bonaire, dated September 7, 1989, opposing the restricting the use of a baseball in parks. Councilmember McDermott made a motion to amend the Ordinance to delete "or to hit or bat a baseball (hardball)," and refer proper use of parks to the Parks and Recreation Committee. Councilmember Peterson made a substitute motion to refer this issue to the Parks and Recreation Commission with a report back to the Council. The motion failed by the following roll call vote: Ayes: Councilmembers Smith, Peterson, Salvaggio Noes: Councilmembers Anthony, DeMond, Ratty, McDermott Abstain: None Absent: None Councilmember McDermott's main motion to amend the Ordinance to delete "or to hit or bat a baseball (hardball)," and refer proper use of parks to the Parks and Recreation Committee was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, D eMond, McDermott, Salvaggio Councilmembers Peterson None None Ratty, Adoption of Ordinance No. 3251 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 in the City of Bakersfield located on the northeast corner of Buena Vista Road and Ming Avenue from a C-2 (Commercial), C-0 (Commercial and Professional Office), R-3 (Limited Multiple Family Residential) and R-2 (Limited Multiple Family Residential) Zones to an R-1 (One Family Dwelling) Zone. This Ordinance was given first reading at the meeting of August 30, 1989. Upon a motion No. 3251 of the Council of by the following roll call by Councilmember Ratty, Ordinance the City of Bakersfield was adopted vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Bakersfield, California, September 13, 1989 - Page 10 Adoption of Zoning Resolution No. 376 of the Council of the City of ~akersfield granting the appeal by Gary L. Wanagitis from the decision of the Board of Zoning Adjustment denying a modification to permit required off-street parking within the 25-foot front yard setback where the existing garage has been converted into living space on that certain property commonly known as 5901 Diamond Oaks Avenue. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on August 30, 1989. Councilmember Smith made a motion to adopt Zoning Resolution No. 376 of the Council of the City of Bakersfield. Councilmember Ratty stated his reason for voting no on Zoning Resolution No. 376 is basically because the Council is not supporting the ordinance it passed, and he thinks the Urban Development Committee should look at this and either reaffirm their commitment to the ordinance or change it. Councilmember Ratty made a motion to refer discussion of this matter to the Urban Development Committee. The motion failed. Upon a motion by Councilmember Smith, Zoning Resolution No. 376 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, McDermott, Salvaggio Noes: Councilmember Ratty Abstain: None Absent: None Peterson, NEW BUSINESS Adoption of Resolution of Intention No. 1067 of the Council of the City of Bakersfield declaring its intention to order the vacation of a 30-foot access easement located east of Chester Lane between California Avenue and Easton Drive in the City of Bakersfield. This Resolution sets the date of public hearing for the Council meeting of October 11, 1989. Upon a motion by Councilmember Peterson, Resolution of Intention No. 1067 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 1.62 Bakersfield, California, September 13, 1989 - Page 11 Adoption of Resolution No. 166-89 of the Council of the City of Bakersfield approving Second Amendment to Agreement No. 87-199, for the acquisition of certain public improvements, City of Bakersfield Assessment District No. 86-2 (Rancho Laborde ) . Approval of Agreement No. 89-207, Second Amendment to Exhibit c, Agreement No. 87-199, as amended, for the acquisition of certain public improvements-City of Bakersfield Assessment District No. 86-2 (Rancho Laborde). Upon a motion by Councilmember Ratty, Resolution No. 166-89 of the Council of the City of Bakersfield was adopted, Agreement No. 89-207 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Smith, Anthony, D eMond, Peterson, McDermott, Salvaggio Noes: Abstain: Absent: None None None Ratty, Approval of Grant Agreement No. 89-208 with the Department of Housing and Urban Development (HUD) for funding of FY 1989-90 Community Development Block Grant (CDBG) Program. Upon a motion by Councilmember DeMond, Agreement No. 89-208 was approved and the City Manager was authorized to execute the Agreement. Approval of Agreement No. 89-209 amending Agreement No. 89-11 with the Panama Union School District to provide two additional schools within the District the Drug Abuse Resistance Education (D.A.R.E.) Program for the period of August 1989 to January 1990. Upon a motion by Councilmember McDermott, No. 89-209 was approved and the Mayor was authorized the Agreement. Agreement to execute Approval of Agreement No. 89-210 with Panama Union School District to provide the Drug Abuse Resistance Education (D.A.R.E.) Program to students of the District for the period of January through December 1990, and appropriate monies to implement the Agreement. Upon a motion by Councilmember Peterson, Agreement No. 89-210 was approved and the Mayor was authorized to execute the Agreement and appropriate $110,144.00 to the Police Department's Operating Budget in the General Fund by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, 163 Bakersfield, California, September 13, 1989 - Page Approval of Agreement No. 89-211 with Robert M. Borsuk, C.P.A., a Professional Corporation - Command Asset Seizure & Forfeiture Administration Service. Upon a motion by Councilmember Ratty, Agreement No. 89-211 was approved and the Mayor was authorized to execute the Agreement. One vacancy on the Civil Service Commission, due to the resignation of William Jing, term expiring December 31, 1990. No action was taken. One vacancy on the Bakersfield Airpark Advisory Committee, due to the expiration of term by Oscar Anthony, term expired June 17, 1989. (4-year term) Upon a motion by Councilmember Anthony, this item was deferred to the Council meeting of December 13, 1989. One vacancy on the Community Advisory Council (CAC) to the position previously held by Bernard Wallace, term expiring on December 31, 1989. Upon a motion by Councilmember Salvaggio, this item was referred to the Economic Development Department to come up with possible applicants and review them with Councilmembers Anthony and Salvaggio. Affirmative Action Plan. lipon a motion by Councilmember Salvaggio, this item was referred to the Personnel Committee. Adoption of Resolution No. 167-89 of the Council of the City of Bakersfield approving the results of the Agency Shop Election and authorizing payroll deduction for the Agency Shop from paychecks of employees in the Fire Unit and in the Fire Supervisory Unit. Councilmember McDermott stated his philosophical opposition towards Agency Shop. Upon a motion by Councilmember Peterson, Resolution No. 167-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, COUNCIL STATEMENTS Upon a motion by Councilmember Smith, a resolution from the Bakersfield City School District opposing construction of proposed co-generation plant was received and placed on file. Bakersfield, California, September 13, 1989 - Page 13 Upon a motion by Councilmember Smith, an item was referred to the Urban Development Committee regarding discussion of policy when staff receives requests from outside interests from industry looking forward to locating within the Bakersfield area. The Urban Development Committee should prepare a policy statement. Councilmember McDermott congratulated the Police Department on their success with the police sting operation. Councilmember DeMond requested staff to review the ordinance regarding drinking in parks. Councilmember Salvaggio requested Department conduct a feasibility study of a Monitor and Pacheco Road. the Public Works four-way stop at Councilmember Salvaggio requested the Public Works Department prepare a status report on the widening of the ramp at Highway 99 and California Avenue. Mayor Medders announced that Thursday, September 14, 1989, at 41:00 a.m. on the south side of the underpass at H Street there will be a ceremony opening the underpass. Mayor Medders announced that Thursday, September 14, 1989, from 6:30 to 8:30 is the "I Love Bakersfield" promotion sponsored by KGEO FM at Rio Bravo Resort. Mayor Medders announced that on Friday, September 15, 1989, there will be a combined effort with MIA/POW Day and Constitution Day at noon at the Liberty Bell. Mr. Dale Hawley introduced the Wynda Garrison, who will be working out of Office for the next nine months. new Urban Fellow, the City Manager's ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember McDermott, the meeting was adjourned at 9:12 p.m. MA~YOR of tae-City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California kdsc