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HomeMy WebLinkAbout03/27/1991 MINUTES CC419 Bakersfield, California, March 27, 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., March 27, 1991. The meeting was called to order by Mayor Medders at 5:22 p.m. Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio (seated at 5:30) None WORKSHOP Planning Commission Interviews. At the request of Mayor Medders, each candidate provided Council with background information, as follows: Mr. Aysola R. Rao, 2704 North Half Moon Drive, stated he has been in Bakersfield for the past 10 years, and prior to coming to Bakersfield, he served in the Department of Planning and Urban Renewal in Akron, Ohio, for two years. He is originally from India and graduated from the University of London with 3 Bachelor's Degrees in Mathematics, Physics and Geology, as well as a Masters Degree in Engineering. He advised he loves Bakersfield and would like to do his best, what he can. Mr. C. Robert Frapwell, 1654 Olive Street, stated he is presently alternate Commissioner on the Planning Commission. He has been a resident of Bakersfield since 1953 and practiced architecture until January, 1988, when he retired from the firm of BFGC. He has a Graduate's Degree in Architecture from the University of California. Ms. Le Moine (Lee) Rae Lentz, 2801 La Costa Drive, stated she is a real estate broker with Coldwell Banker and has lived in Bakersfield since 1963. She has a background in business and land development and has been a commercial agent. She also was chief technician at Memorial Hospital in the X-Ray Department for 10 years before going into real estate in 1973. Ms. Lentz advised that she feels the community has been very good to her and her family, and she would like to take a more active part in seeing it progress in a reasonable order of planning and development. Mr. George W. Nickel, Jr., 6200 Lake Ming Road, stated he has been involved with the Bakersfield/Kern County area for many years, and his history goes back to his great- grandfather, who was Henry Miller of Miller and Lux. He started working in Buttonwillow during the summer of 1936 while attending the University of California and has been active in Kern County matters, particularly agricultural and water matters, since that time. Mr. Nickel advised he was one of the authors of the Kern River Water Rights and Storage Agreement of 1962. He feels that the future of Bakersfield is very fine because of water development that has occurred here, and he would like to continue to work with that in every way that he can if he is appointed to the Planning Commission. He has lived steadily in Bakersfield since 1966 and has had a lot to do with the development in the Rio Bravo area. Mr. Nickel advised it would be a pleasure if he had an opportunity to serve on the Planning Commission. Bakersfield, California, March 27, 1991 - Page 2 Mr. Jim Marino, 4420 Sugar Cane Avenue, stated he has been living in Bakersfield since he was born and has two children who are third generation Bakersfield natives. He is currently the Vice-Chairperson of the Planning Commission, and sees the position as being a civic service, a service to the community and giving a little bit back. Mr. Marino advised his goal in being reappointed to the Planning Commission is to help complete some of the planning and implement some of the policies of the 2010 General Plan. Mr. Steven Messner, 9301 Laurel Oak Way, stated he is an Environmental Engineer for Shell and has been a resident of the City for the last 5 years. He advised he first became interested in the Planning Commission about 2 years ago when he started tracking the 2010 process for his company and, through that, he learned a lot about the issue of how to properly manage our growth. He stated his goal would be the successful implementation of the 2010 Plan. He feels he has a little bit of background in that area and would be excited to offer his expertise to the City of Bakersfield. Mr. Art Powell, 1215 Gorrill Street, stated he has lived in Bakersfield for 15 years. His interests lie here and he thinks Bakersfield is a beautiful city. He ran for Council 3 times unsuccessfully, but he feels it shows his determination to be a part of this city and to add in its growth where he can. He feels he would bring his consistency to the Planning Commission in that he would be able to attend the meetings. He advised he has no extensive land use or planning background, however, he is interested to learn and feels he could be very objective. Mr. Powell stated he believes in growth but he also believes in looking at the interests of the people, as well, and bringing them both together to make Bakersfield the All-America City that it is. Each of the candidates responded to questions from the Councilmembers. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned to Closed Session at 6:07 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK ana Ex Officio Clerk os the Council of the City of Bakersfield, CA ndw Bakersfield, California, March 27, 1991 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:07 p.m., March 13, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None Upon a motion by Councilmember DeMond, an item which arose after the Agenda was prepared and upon which action is necessary was added to Closed Session, by the fol- lowing roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Closed Session pursuant to Government Code Sections 54956.9(b)(1) and 54957, regarding potential litigation and a personnel matter. CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(b)(1) and 54957, regarding potential litigation and a personnel matter. Closed Session pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery, regarding Fire and Fire Supervisory Unit Negotiations. Upon a motion by Councilmember DeMond, Council recessed to the City Manager's Conference Room for Closed Session at 6:07 p.m. ADJOURNMENT Upon a motion by Councilmember DeMond, the meeting for Closed Session was adjourned at 7:00 p.m. M ' y field, CA ATTEST: C i Ty E~RK~and~Ex O~~C 1 e r~ Council of the City of Bakersfield, CA ndw Bakersfield, California, March 27, 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., March 27, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Randy Rankin, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. Assistant City Clerk Gafford called the roll as follows: Present: Absent: Councilmembers None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio PRESENTATION Mayor Medders presented a Proclamation to George Gonzales, Community Development Coordinator, proclaiming Wednesday, April 3, 1991, as "National Community Development Day" in Bakersfield and urging our elected, appointed Federal Officials to add our City's name to a committee list for continuing support of Community Development Block Grant Funds. Mayor Medders presented a Proclamation to Deputy Fire Chief Mike Kelly proclaiming the month of April as "Earthquake Preparedness Month". Mayor Medders presented a Proclamation to Ms. Hurst proclaiming April 5, 1991, as "Middle East Troop Support Day" in Bakersfield and urging our community to attend the function at Memorial Stadium. Kim Calendar: CONSENT CALENDAR The following items were listed on the Consent Approval of Warrant Nos. 7413 to 7840, inclusive, in the amount of $1,942,925.09, and Self Insurance Warrant Nos. 1582 to 1681, inclusive, in the amount of $61,795.27. REMOVED FOR SEPARATE CONSIDERATION. Communications: Communication from Kathy H. Clark, Controller, Golden Empire Transit District, 1830 Golden State Avenue, dated March 8, 1991, submitting a copy of the Golden Empire Transit District's Annual Financial Report for the Fiscal Years ending June 30, 1989 and 1990. (Report is available in the Clerk's Office for your review) (RECEIVE AND PLACE ON FILE) Bakersfield, California, March 27, 1991 Page 2 Communication from Don Vignaroli, Elite Interiors, 2235 "H" Street, dated March 12, 1991, in opposition to the Business Improvement District Ordinance. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from L. Dale Mills, County of Kern Public Works Department, dated March 12, 1991, regarding City of Bakersfield Sanitary Landfill Closure. (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONS COMMITTEE) Communication from David M. LeClair, 308 Ensenada Street, dated February 28, 1991, requesting a change of location for the proposed Allen Road/Westside Freeway interchange. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) REMOVED FOR SEPARATE CONSIDERATION. Communication from Wayne Vaughn, $r., Carriage Homes, Inc., 801 Oak Street, dated March 15, 1991, requesting annexation of the property located on the east side of Jewetta Avenue and north of Brimhall Road. (RECEIVE AND REFER TO PLANNING COMMISSION) Quitclaim Deed No. 3314 to Riverlakes Ranch Limited Partnership for a drainage retention basin at the southwest corner of Coffee Road and Hageman Road. Final Map and Improvement Agreement Nos. 91-52 and 91-53 with Fruitvale Properties for Tract 5130, Phase 2, consisting of 49 lots on 16.06 acres located at the northeast corner of Coffee Road and Hageman Road. Notices of Completion and acceptance of work for: Contract No. 90-290 with $piess Construction Co., Inc., for construction of Garces Circle landscape irrigation system, completed March 18, 1991. 424 Bakersfield, California, March 27, 1991 - Page 3 Contract No. 90-291 with Granite Construction Company for Wible Road median from Panama Lane to Auto Mall Drive, completed March 11, 1991. Approval of Plans and Specifications for: The rehabilitation of existing Sewer Lift Station located at 24th and Oak Streets. Levee repair of Wastewater Treatment Plant No. 2 east storage reservoirs. Resurfacing portions of 17th Street, Alta Vista, Bernard Street, East California Avenue, Chester Avenue, Panorama Drive, Panama Lane, Oak Fair Way, Stine Road, Stockdale Highway, Agate Street, Balboa Drive, and Benton Street. Relocation of the Calloway Canal, Assessment District No. 90-1. Construction of Jewetta Trunk Sewer, Assessment District No. 90-1. Contract Change Order No. 2, Contract No. 91-23 with Kenko, Inc., for the construction of the Stine Road/ McCutcheon Road interceptor sewer construction. Request for Extension of Time from Mason, Carosella and Camp Development to extend the completion date for Improvement Agreement 90-258A, Tract 4709, to September 28, 1991. Cooperative Agreement No. 91-54 with State of California Department of Transportation for the Planz Road Bridge over Freeway 99. Agreement No. 91-55, Approval of Program Supplement No. 46 to Local Agency-State Master Agreement No. 06-5109 for widening of Planz Road Overcrossing. The 1991-92 application for Community Development Block Grant (CDBG) funds for the City of Bakersfield. Bakersfield, California, March 27, 1991 - Page 4 Purchase of trailer mounted radar device and appropriation of $10,000 from Council Contingency Fund for funding of the purchase. Upon a motion by Councilmember McDermott, Item c.5. of the Consent Calendar, petition from "GET Busters", Residents Against The Valley Plaza Southwest Transfer Facility, dated March 13, 1991, in opposition to the reloca- tion of the GET Transfer Facility to Hughes Lane, was removed to be acted on separately immediately following the Consent Calendar, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None through m, Calendar. Councilmember DeMond made a motion to adopt Items with the deletion of Item c.5., of the Consent a Councilmember Brunni made a motion to remove Item b., Minutes of the Special Meeting, Workshop and Regular Meeting of February 27, 1991, from the Consent Calendar. Upon a motion by Councilmember DeMond, Items a, c, d, e, f, g, h, i, j, k, 1 and m of the Consent Calendar, with the removal of Items c.5. and b, were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None C.5o Petitions from "GET Busters", Residents Against The Valley Plaza Southwest Transfer Facility, dated March 13, 1991, in opposition to the relocation of the GET Transfer Facility to Hughes Lane. (RECEIVE AND PLACE ON FILE) Councilmember McDermott advised that, due to the fact that he lives across the street from the suggested placement of the GET Transfer Facility, he disqualified himself from participation and action on this item. Minutes of the Special Meeting, Workshop and Regular Meeting of February 27, 1991, for approval. Councilmember Brunni requested that, due to questions she has with regard to the minutes, this item be deferred until the next Council meeting. Upon a motion by Councilmember DeMond, Item c.5. was received and placed on file, and Item b. was deferred to the next Council meeting by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Bakersfield, California, March 27, 1991 - Page 5 NEW BUSINESS Upon a motion by Councilmember DeMond, the following New Business item was moved forward to be heard at this time. Three (3) appointments to the Planning Commission due to the expiration of terms of Oscar Anthony and Jim Marino (4 year terms) and C. Robert Frapwell (Alternate, 1 year term), terms expiring April 17, 1991. The Council first voted on the term vacated by Jim Marino. Assistant City Clerk Gafford announced that the candidates receiving the two highest points on the first tally of votes were Mr. Marino and Mr. Messner. Assistant City Clerk Gafford announced that the candidate receiving the highest number of votes on the second tally of votes was Mr. Jim Marino. Upon a motion by Councilmember Peterson, Mr. Jim Marino was reappointed to the Planning Commission, four-year term expiring April 17, 1995. The Council then voted on the term vacated by Oscar Anthony. Assistant City Clerk Gafford announced that the candidates receiving the two highest points on the first tally of votes, two of which were tied, were Mr. Frapwell, Mr. Messher and Mr. Nickel. Assistant City Clerk Gafford announced that there was a tie on the second tally of votes between Mr. Frapwell and Mr. Messner. Assistant City Clerk Gafford announced Mr. Frapwell received the highest number of votes on the third tally of votes. Upon a motion by Councilmember Peterson, Mr. Robert Frapwell was appointed to the Planning Commission, four-year term expiring April 17, 1995. Assistant City Clerk Gafford corrected her previous statement and advised that Mr. Messnet received the highest number of votes on the third tally of votes. Upon a motion by Councilmember Peterson, the vote was reconsidered. Upon a motion by Councilmember Peterson, Mr. Steven Messner was appointed to the Planning Commission, four-year term expiring April 17, 1995. The Council voted on the Alternate term vacated by C. Robert Frapwell. Assistant City Clerk Gafford announced that the candidates receiving the two highest points on the first tally of votes were Mr. Frapwell and Mr. Powell. Assistant City Clerk Gafford announced the the candidate receiving the highest number of votes on the second tally of votes was Mr. C. Robert Frapwell. Upon a motion by Councilmember Peterson, Mr. C. Robert Frapwell was reappointed as the Alternate Planning Commissioner, one-year term expiring April 17, 1992. (NEW BUSINESS IS CONTINUED ON PAGES 6 AND 19) Bakersfield, California, March 27, 1991 - Page 6 PUBLIC STATEMENTS Ms. Louise Juracek, Chairperson, Historic Preservation Commission, 1820 Westwind Drive, spoke regarding the accomplishments in the past year of the Historic Preservation Commission and submitted, for Council review and consideration, the 1990 Annual Report nf t~e H'-~ric Preservation Commission of the City of Bakersfield. (PUBLIC STATEMENTS ARE CONTINUED AFTER THE NEXT NEW BUSINESS ITEM) NEW BUSINESS (Continued) following this time. Upon a motion by Councilmember McDermott, the New Business Item was moved forward to be heard at Three (3) appointments to the Historic Preservation Commission due to the expiration of terms of Bruce Keith (Mayor), Louise Juracek (Ward 6), and John Almklov (Ward 7), terms expiring March 30, 1991. Councilmember McDermott renominated Ms. Louise Juracek for the Ward 6 appointment to the Historic Preservation Commission. Councilmember Salvaggio renominated Dr. John R. Almklov for the Ward 7 appointment to the Historic Preservation Commission. Mayor Medders renominated Mr. Bruce Keith for the Mayor appointment to the Historic Preservation Commission. The reappointments to the Historic Preservation Commission of Ms. Louise Juracek, Dr. John R. Almklov and Mr. Bruce Keith, each to three-year terms expiring March 30, 1994, were approved. (NEW BUSINESS IS CONTINUED ON PAGE 19) PUBLIC STATEMENTS (Continued) Mr. George Thomson, Executive Director, Kern County Food Bank, 1435 "H" Street, spoke regarding the food drive to feed the farm workers in Kern County. He stated that, due to the freeze and the drought, their canned food stock has been greatly reduced. On April 7, the Kern County Food Bank will be starting a food drive called "Food for Friends". The City and County fire stations are going to be involved and will have signs posted that read "Four-Alarm Canned Food Drive". Additionally, Valley Plaza and several of the markets are going to be involved, and Mr. Thomson stated that he hoped the City would help support the food drive, as well. Councilmember Edwards advised he supports the food drive and encouraged City staff and citizens-at-large to get involved to make this a successful drive. Ms. Kim Hurst, 1212 McDonald Way, representing the M.E.G.S. Fund Raiser spoke regarding the upcoming Troop Support Day and made a friendly challenge to the City Council to help drum up support for April 5th as "Middle East Troop Support Day" and to help M.E.G.S. with the attendance at the concert. Bakersfield, California, March 27, 1991 - Page 7 Ms. Gayle Francis, Gladys Avenue, representing the Greenfield Senior Center, spoke regarding the Center they are establishing in the Greenfield area and advised they are having a barbecue fund raiser at Costerisan Lake on May 4th. Ms. Francis presented each of the Councilmembers with a ticket to the fund raiser and invited them to bring their families. Mr. Fred McKenna, 6505B South Half Moon Drive, Director and past president of the Downtown Business Association, spoke regarding the renovation of the Tegeler Hotel. He stated the DBA is pleased with the architectural renderings they have seen of the exterior and interior, as well as the streetscaping. Mr. McKenna advised he wished to emphasize the DBA's understanding that there will be a 24-hour on-call manager in residence at all times; the apartments will be marketed primarily to seniors; the tenants will sign annual leases and that certain provisions will be made for termination for either party. He expressed his concern that there be limitations on visitors with reference to hours in the lobby; loitering in the vicinity of the hotel, both for the safety and well-being of the tenants, as well as the commercial neighborhood that surrounds it; and, finally, that adequate provisions be made to ensure the maintenance of the apartments. He concluded that the Tegeler, renovated as shown in the architectural drawings the DBA has reviewed, will be a welcome addition to the Downtown and a spur to inspire further redevelopment in the blighted central core district. HEARINGS Hearing for sale of surplus property (Canal property north of West Columbus and east of Chester Avenue). This hearing has been duly advertised and posted 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. 36-91 of the Council of the City of Bakersfield authorizing the sale of surplus real property and finding that such sale is in the best interests of the City (Canal property north of West Columbus and east of Chester Avenue). Approval of Corporation Grant Deed No. 3315 to Albuquerque Meadowbrooke for the sale of surplus real property located north of West Columbus and east of Chester Avenue. Upon a motion by Councilmember DeMond, Resolution No. 36-91 of the Council of the City of Bakersfield was adopted, Corporation Grant Deed No. 3315 was approved, and the Finance Director authorized to execute the documents related thereto, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 27, 1991 - Page 8 Hearing to consider adopting Conflict of Interest Code for Handicapped Access Appeals Board. This hearing has Deen duly advertised and posted 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. 37-91 adopting Conflict of Interest Code for the Handicapped Access Appeals Board. Upon a motion by Councilmember Brunni, Resolution No. 37-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Hearing to consider an appeal by Hauser Construction to conditions of approval by the Planning Commission for Tentative Parcel Map 9548 relating to street lights; street dedications and/or easements; street paving, curbs, gutters, and sidewalks; and traffic (Public Works). 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. Curtis Sparks, P. O. Box 618, Lamont, the landowner, advised that he had met with the Planning Committee and an agreement had been reached on the conditions. It was his understanding that a letter had been prepared outlining the terms; however, he had not seen it yet. 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. City Manager Hawley advised he had a copy of the letter he could give to Mr. Sparks and suggested that the Council defer this item and come back to it later to give Mr. Sparks an opportunity to review the letter. Upon a motion by Councilmember Smith, this hearing was deferred until after the next item in order to give Mr. Sparks an opportunity to review the letter. (THIS HEARING IS CONTINUED ON PAGE 10) Bakersfield, California, March 27, 1991 - Page 9 Hearing to consider an appeal by East Hills Associates and East Hills Pavilion Associates to the decision of the Planning Commission approving Zone Change 5123 to allow increased vehicular access to Oswell Street, approving a Negative Declaration, and challenging notice procedures for the project at 2660 Oswell Street. This hearing has been duly advertised, posted and property owners notified as required by law. Correspondence has been received from Max Steinert, East Hills Partners (owners of the subject property), 3939 Bernard Street, Suite 1, dated March 13, 1991, requesting a continuance to April 10, 1991; and from Don Whitehead of East Hills Mall in support of the appeal. Steinert, continue Correspondence has been received today from Max East Hills Partners, rescinding his request to the hearing. Mayor Medders declared the hearing open for public participation. Mr. Duncan Budinger, representing East Bakersfield Associates, the owners of the shopping center, who are the appellants in this matter, spoke in support of the appeal. He provided some background information and expressed his concern over the safety issue, and then introduced Mr. Don Whitehead. Mr. Don Whitehead, Manager of the both the East Hills Roadway Association and the East Hills Mall, who spoke regarding the position in this matter taken by the Roadway Association, which is that it is against the driveway's location on the grounds that it is dangerous and, if traffic congested because of its close proximity to the intersection of Oswell and Mall View, there would be a major grid lock in the intersection there which serves E~st Hills Mall and all the properties along Mall View Road. Ms. Cindy Casselman, Corporate Counsel for the Hahn Company, and representing East Bakersfield Associates, East Hills Roadway Association, and East Hills Pavilion Associates, expressed her concern over the safety issue, and introduced Mr. Art Kassen. Mr. Arthur L. Kassen, Registered Civil Engineer in California and a Registered Traffic Engineer, representing the appellants, discussed several items in the City's Subdivision Design Manual regarding driveway access on major arterials, and expressed his concerns about the volume of traffic entering and leaving the area and the safety issue. Mr. Max Steinert, 3939 Bernard Street, Suite recommendation to deny the the Planning Commission. representing East Hills Partners, 1, spoke in support of the staff appeal and uphold the decision of Mr. Arthur L. Kassen spoke in rebuttal, in opposition to the staff recommendation and discussed again the safety issues involved. Bakersfield, California, March 27, 1991 - Page 10 Mr. Duncan Budinger spoke in rebuttal, in opposition to the staff recommendation, and stated that his organization is not trying to stop development, but they are concerned more about access and safety, and the safety of the patrons of the City of Bakersfield. Mr. Max Steinert spoke in rebuttal in support of the staff recommendation. No further 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 deny the appeal and uphold the decision of the Planning Commission. At the request of Councilmember DeMond, Mr. Max Steinerr was recognized and advised that traffic backs up on Mall View Road due, in part, to the fact that the left-turn light stays green for such a short time that only a few cars can get out and make the left. He further advised that he spoke with City Traffic Engineer Walker, or someone in his office, requesting that the light be adjusted to stay green much longer, or at least timed so as cars approach, it will sense there are still cars there and will stay on. Mr. $teinert stated he was advised that this particular light is part of a whole string of lights and the green cannot be extended. He further stated that he felt this is something that needs to be addressed and is the major cause of conges- tion at that intersection. After much discussion, the motion by Councilmember Smith to deny the appeal and uphold the decision of the Planning Commission was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, Smith, Brunni, McDermott, Salvaggio Councilmember DeMond None None Peterson, (AT THIS TIME, COUNCIL RETURNED TO THE PREVIOUS HEARING ON PAGE 8, REGARDING THE APPEAL BY HAUSER CONSTRUCTION.) City Manager Hawley advised that Mr. Curtis had reviewed the memorandum and had indicated it was acceptable. Sparks At the direction of City Attorney Lunardini, Mayor Medders closed the public portion of the hearing and returned to Council for comment and action. Councilmember Smith made a motion to accept the Planning Commission's decision with the modifications contained in the Memorandum dated March 21, 1991, from Public Works Director Schulz to City Manager Hawley regarding Tentative Parcel Map 9548 Appeal, and she requested that the Clerk place the Memorandum in the public record, as follows: Bakersfield, California, March 27, 1991 - Page 11 Public Works and Planning staff have met with the Subdividers, Mr. Hauser and Mr. Sparks, regarding modifications to the conditions of approval for Tentative Parcel Map 9548. The following suggested modifications have been agreed to by the Subdividers and staff. Where improvements have been recommended for deferral, their construction shall be secured with a lien on the property and they shall be constructed when deemed necessary by the City Engineer. PUBLIC WORKS DEPARTMENT CONDITIONS: ITEM III.B. (Landscaped median island in Masterson Street) Deferred. ITEM IV. (Street Lights) Deferred. ITEM VIII.A.1. Revise to the Subdivider shall construct "the west 26' of Masterson Street including street paving, curb and gutters, to City standards along the full frontage on Masterson Street. The remaining 19' of street paving and the sidewalk on Masterson Street may be deferred." ITEM VIII.A.2. Revise to the Subdivider shall construct "18' of street paving with graded shoulders on Bella Drive. An additional 6' of street paving on Bella Drive and 24' of street paving on Pitts Avenue may be deferred." ITEM X.A. (Future Signage) Deferred. ITEM Revise the number of metro street name signs from "four" to "two." ITEM XI.A. Revise "required" to "non-deferred" to allow the occupancy of parcels after all non-deferred improvements have been completed by the Subdivider and accepted by the City. ITEM XI.C.]. below) Delete. (Replaced with Item XI.E. ADD ITEM XI.E. "At the time of street light installation, all street lights shall be energized and fully operational, and all costs, including any start-"p costs required by the utility company, shall be borne by the Subdivider." Bakersfield, California, March 27, 1991 - Page 12 PLANNING DEPARTMENT CONDITIONS: ITEM Revise "Prior to recordation of a Final Map" to "Prior to issuance of a building permit" to defer the payment/dedication for parks until issuance of a building permit. ITEM 6. (Landscape Maintenance District) Delete. Upon a motion by Councilmember Smith, the decision of the Planning Commission was upheld with the modifications contained in the Memorandum dated March 21, 1991, from Public Works Director Schulz to City Manager Hawley, regarding Tentative Parcel Map 9548 Appeal, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, D~Mond, Smith, Brunni, Peterson, McDermott, Salvaggio None None N ne REPORTS Upon a motion by Councilmember McDermott, Report No. 5-91 from the Budget and Finance Committee regarding Public Auction Services (Police Asset Forfeiture) was referred back to the Budget and Finance Committee. This Report was not read into the record. Councilmember Salvaggio spoke regarding the issue of baseball in parks and expressed his concern that Convention Center and Community Services Committee Report No. 1-91 regarding Prohibited Acts in Parks was pulled from the Agenda this evening when he felt there was agreement by all three Councilmembers on the committee that it be proposed to the Council. Councilmember B-unni responded that she had posed what she felt were legitimate, reasonable questions to staff regarding this issue and, since staff was unable to answer them, it was agreed that the item be pulled. Councilmember Salvaggio expressed his concern that he had not been notified prior to the meeting that the item had been pulled. Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No.l-91 regarding Congestion Management Program, as follows: On March 13, 1991, the Council referred the issue of the congestion management program to the Intergovernmental Relations Committee for review. Bakersfield, California, March 27, 1991 - Page 13 The Committee has reviewed this issue with staff and expressed concerns regarding the weighted voting proposed for the Congestion Management Agency. The Committee feels that it is extremely important that this voting system be reviewed and modified to reflect the impacts of the Congestion Management Agency on the City of Bakersfield. The Committee recognizes the importance of time in responding to the requirements for the development of the Congestion Management Program. We also recognize the importance of working cooperatively with the other cities involved in this process and the County of Kern. Therefore, the Committee has recommended the following amendments to the proposed resolution designating the Kern Congestion Management Agency for Kern County: First, that language be added which requires the adoption of the Congestion Management Program by the County Board of Supervisors, and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. Language should also be added requiring that the Congestion Management Agency shall cease to exist effective December 31, 1991. It is the intent of the Committee to recommend that the resolution be adopted with these amendments and with the expectation that during the time period between now and December 31st that the City of Bakersfield, the other cities and the County of Kern work cooperatively to provide for more fair and equitable representation in the formation of the Congestion Management Agency. Therefore, the Committee recommends that the City Council adopt the resolution as amended designating the Kern Congestion Management Agency for Kern County. We also recommend that the Intergovernmental Relations Committee of the Council should continue to work with the other cities and Kern County on this matter. Upon a motion by Councilmember Smith, Intergovernmental Relations Committee Report No. accepted. 1-91 was Adoption of Resolution No. 38-91 designating the Kern Congestion Management Agency for Kern County. 425 Bakersfield, California, March 27, 1991 - Page 14 Upon a motion by Councilmember Smith, the recommendations of Intergovernmental Relations Committee Report No. 1-91 were implemented and Resolution No. 38-91 was adopted by the following roll call vote: Ayes: Councilmember Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. regarding Senate Bill 169 (Boatwright), as follows: 3-91 At the City Council meeting of January 30, 1991, the City Council referred to the Legislative and Litigation Committee a request for review of Senate Bill 169, sponsored by Senator Boatwright and the League of California Cities. Senate Bill 169 repeals the provisions of SB 2557 which instituted booking fees and property tax administration charges upon cities, schools and special districts. As an alternative, SB 169 changes the method of calculating the annual depreciation for vehicle license fees. Additional funds gained from this change will go directly to the County Assistance Fund to assist counties in funding those programs which are no longer financial supported by the State. Senate Bill 169 is a viable alternative to SB 2557, as opposed to SB 203 which implements the bad public policy created in SB 2557. SB 169 repeals the double taxation imposed upon municipal citizens through SB 2557 and further provides a stable and growing funding source for counties to support needed programs no longer paid for by the State and provides an end to local fighting for revenues. Therefore, the Legislative and Litigation Committee requests that the City Council of Bakersfield accept this report, pass the resolution and endorse SB 169 as submitted on the floor of the Legislature on January 14, 1991, and fully oppose SB 203, which implements provisions of SB 2557. Further, the Committee recommends the City Council direct the City Clerk to forward the resolution of endorsement to Senator Boatwright, Bakersfield's state elected officials, members of the Senate Local Government Committee, to the Sacramento office of the League of California Cities, and to the South San Joaquin Valley Division. In addition, it is requested that the City Council have the City Manager's staff track the status of these bills as they make their way through the State legislative process. 436 Bakersfield, California, March 27, 1991 - Page 15 Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 3-91 was accepted. Adoption of Resolution No. 39-91 endorsing Senate Bill 169 (Boatwright) which repeals the bad public policy created in SB 2557 and provides a stable and growing funding source for counties to support needed programs no longer paid for by the State. Upon a motion by Councilmember DeMond, the recommendations of Legislative and Litigation Committee Report No. 3-91 were implemented and Resolution No. 39-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, Salvaggio Councilmembers Brunni, McDermott None None Noes: Abstain: Absent: Councilmember Edwards, Committee, read Report No. 3-91 Reclassifications and Revisions follows: Chairperson of the Personnel regarding Job Title Changes, to Job Specifications, as The Personnel Committee met today to review several requested job title changes, reclassifications and revisions to job specifications. After discussion with staff, the Committee recommends the following: That revised job specifications be approved for the positions of Clerk Stenographer I, Clerk Stenographer II, Personnel Manager and Supervisor II (Wastewater Pretreatment/ Revenue Program); That a title change and revised specifications for Convention Center Superintendent be approved; That a new specification and reclassification of Benefits Technician be approved; and That a new specification for Hazardous Materials Specialist, Underground Storage Tanks Program be approved. The revised specifications for the Clerk Stenographer I, Clerk Stenographer II, Personnel Manager, Convention Center Superintendent, Benefits Technician, Supervisor II (Wastewater Pretreatment/ Revenue Program) and Convention Center Superintendent have been approved by the Miscellaneous Departments Civil Service Board. The new specification for Hazardous Materials Specialist, Underground Storage Tanks Program, has been approved by the Fire D~partment Civil Service Board. Bakersfield, California, March 27, 1991 - Page 16 The Personnel Committee requests acceptance of this report and adoption of the Salary Resolution. Upon a motion by Councilmember Edwards, Personnel Committee Report No. 3-91 was accepted. Adoption of Resolution No. 40-91 of the Council of the City of Bakersfield amending Resolution No. 22-91 setting salaries and related benefits for officers and employees of the City of Bakersfield. (Hazardous Materials Specialist, Underground Storage Tanks Program and Benefits Technician). Upon a motion by Councilmember Edwards, the recommendations of Personnel Committee Report No. 3-91 were implemented and Resolution No. 40-91 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 ACTION ON BIDS Roll-off containers and front loading bins for Sanitation. Upon a motion by Councilmember Brunni, the low bid from Consolidated Fabricators Corporation in the amount of $28,999.48 was accepted. One hundred fifty automated refuse containers for the Sanitation Department. Upon a motion from Rotational Molding, was accepted. by Councilmember Peterson, the bid Inc., in the amount of $20,829.00 Diesel Powered Loader (additional, for wood waste recycling program). Upon a motion by Councilmember DeMond, the low bid from DeNardi Corporation in the amount of $81,259.60 was accepted, the transfer of $82,000.00 from the Sanitation Fund operating budget and the appropriation of $82,^00.00 to the Public Works operating budget within the Equipment Management Fund were authorized by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 27, 1991 - Page 17 Engine analyzer and smog tester for Public Works (replacement). Upon a motion by Councilmember bid from GWS Automotive Equipment in the $23,945.40 was accepted. Peterson, the low amount of Approval of Annual Contract No. 91-56 with American Fence Company for fencing. Upon a motion by Councilmember Salvaggio, the bid from American Fence Company in the amount of $39,960.00 was accepted and the Mayor authorize to execute the Contract. Approval of Annual Contract No. 91-57 with Pestmaster Services for chemical application to City canal system. Upon a motion by Councilmember Peterson, the low bid from Pestmaster Services in the amount of $14,760.00 was accepted and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 91-58 with Kent Meters, Inc., for water meters. Upon a motion by Councilmember Brunni, the low bid from Kent Meters, Inc., in the amount of $89,853.02 was accepted and the Mayor authorized to execute the Contract. DEFERRED BUSINESS An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 101-34 by prezoning property located on the southwest corner of Renfro Road and Johnson Road known as the Renfro No. 2 Annexation (Ward 4). This Ordinance was given first reading at the meeting of March 13, 1991. Councilmember Brunni made a motion to adopt the Ordinance. City Manager Hawley advised that the staff recommendation is that this be deferred because the developer has not paid the fees that are normally required for rezoning of property. Councilmember Brunni made a motion to defer this matter until it is cleared up. Councilmember McDermott suggested that this item not be continued to April 10th. Upon a motion by Councilmember was deferred until it is cleared up, but back at the next meeting. Brunni, this matter it should not come 4: 9 Bakersfield, California, March 27, 1991 - Page 18 Adoption of Ordinance No. 3347 amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the Land Use Zoning of property located at the northerly end of Corrientes Street from an R-1 (One Family Dwelling) Zone to an R-3 (Limited Multiple Family Residential) Zone. This Ordinance was given first reading at the meeting of March 13, 1991. Upon a motion by Councilmember Smith, Ordinance No. 3347 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3348 amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 122-02 by changing the Land Use Zoning for properties located at 13001 Stockdale Highway from a P.C.D. (Planned Commercial Development) Zone to a P.C.D. (Planned Commercial Development) Zone for a neighborhood commercial shopping center consisting of a one-story 41,210 square foot building, 3,000 square foot and 3,312 square foot building pads totaling 47,522 square feet. This Ordinance was given first reading at the meeting of March 13, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3348 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Brunni advised that Council recently placed a PCD requirement on a different, unrelated piece of property in southwest Bakersfield, and she did not realize until reading this that PCD's only stay valid for 18 months. Councilmember B~unni asked staff to keep her aware of when that 18-month period comes up so that Council does not allow that PCD to become null and void. Adoption of Ordinance No. 3349 amending Section 16.32.060 E. of the Bakersfield Municipal Code relative to fees for construction of planned sanitary sewer facilities pursuant to adopted plans, or connection to sanitary sewer facilities, and adding reference to plans adopted for Gibson-Burr planned sewer area. This Ordinance was given first reading at the meeting of March 13, 1991. 44O Bakersfield, California, March 27, 1991 - Page 19 Upon a motion by Councilmember Brunni, Ordinance No. 3349 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 (Continued) First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-25 by prezoning property known as the Wible No. 9 Annexation, located south of the Arvin-Edison Canal, between Wible Road and Freeway 99, contiguous to the boundary of the City of Bakersfield (Ward 6 and Ward 7). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 114 acres of the Wible No. 9 Annexation as an R-1 Zone, R-2 Zone, A-20A Zone and C-1 Zone. First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-25 by prezoning property known as the Wible No. 10 Annexation, located south of Berkshire Road, between Wible Road and Freeway 99, contiguous to the boundary of the City of Bakersfield (Ward 6 and Ward 7). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 148 acres of the Wible No. 10 Annexation as an R-1 Zone, R-2 Zone, RS Zone and A-20A Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 5.06 of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. This Ordinance amends the definitions therein to conform to constitutional requirements; updates the application requirements; and provides for a uniform format. It also expands the application of the permit requirement to all adult entertainment businesses rather than just to bookstores. Councilmember Salvaggio thanked City Manager Hawley, City Attorney Lunardini, the Police Department and the rest of staff that worked on this revision proposal. He stated that, as a community, if we are presently compelled to accept this type of so-called adult entertainment, then we are within our rights under the law to regulate that type of business, and this Ordinance is a good step in that direction. Bakersfield, California, March 27, 1991 - Page 20 Upon a motion by Councilmember Salvaggio, Pastor Billy Rash from Kern Christian Center was recognized and spoke in support of the Ordinance. For the record, Mayor Medders left the meeting at 9:50 p.m., and Vice-Mayor Peterson chaired the rest of the meeting. Assistant City Clerk Gafford announced that staff has advised, relative to Resolution No. 41-91, that Council should consider Resolution of Intention N-~ 1078 prior to taking action on Resolution 41-91. Adoption of Resolution of Intention No. 1078 for Improvement Project, City of Bakersfield Assessment District No. 90-1 (Jewetta Trunk Sewer/Calloway Canal Relocation). This Resolution orders the required improvements for Assessment District No. 90-1. Those improvements would provide for the design and construction of a sewer main on Jewetta Avenue, a sewer line on Hageman Road and two lift stations. The project also provides for the relocation of the Calloway Canal to parallel the Friant-Kern Canal. Upon a motion by Councilmember of Intention No. 1078 was adopted by the vote: Brunni, Resolution following roll call Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 41-91 preliminarily approving Engineer's Report and appointing time and place of hearing protests, City of Bakersfield Assessment District No. 90-1 (Jewetta Trunk Sewer/ Calloway Canal Relocation). This Resolution sets the protest hearing for May 22, 1991. Upon a motion by Councilmember Brunni, Resolution No. 41-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 42-91 calling for bids for materials and work and providing for notice thereof, City of Bakersfield Assessment District No. 90-1 (Jewetta Trunk Sewer/Calloway Canal Relocation). Bakersfield, California, March 27, 1991 - Page 21 U~on a motion by Councilmember Brunni, Resolution No. 42-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Approval of Relocation Agreement No. 91-59 regarding a portion of the Calloway Canal by and between North Kern Water Storage District, City of Bakersfield, Riverlakes Ranch, Calloway Associates and S.A. Camp Companies. (Assessment District No. 90-1, Jewetta Trunk Sewer/Calloway Canal Relocation) Upon a motion by Councilmember Brunni, Agreement No. 91-59 was approved and the Mayor authorized to execute the Agreement. Adoption of Resolution of Application No. 43-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 349, Wilson No. 4 Annexation, located south of Wilson Road, between the Kern Island Canal and Union Avenue (Ward 7). Upon a motion by Councilmember Salvaggio, the Negative Declaration and Resolution of Application No. 43-91 were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 44-91 of the Council of the City of Bakersfield approving the destruction of certain obsolete City records, documents, instruments, books and papers pursuant to Section 34090 et seq. of the Government Code of the State of California. (City Clerk's Office)) Councilmember DeMond made a motion to adopt the Resolution. Councilmember Brunni submitted to the City Clerk's Office, some suggestions on a couple of items and advised that she supported the motion, and perhaps her suggestions could be dealt with at another time. Upon a motion by Councilmember DeMond, Resolution No. 44-91 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 B kersfield, California, March 27, 1991 - Page 22 Adoption of Resolution No. 45-91 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 339, LAFCO Proceeding No. 1056, Wible No. 7 Annexation (Ward 6). Upon a motion Resolution No. 45-91 of Bakersfield was adopted by Councilmember McDermott, the Council of the City of 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. 46-91 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 340, LAFCO Proceeding No. 1057, Hosking No. 1 Annexation (Ward 7). Upon a motion by Councilmember Salvaggio, Resolution No. 46-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, D~Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 47-91 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 341, LAFCO Proceeding No. 1058, Pacheco No. 10 Annexation (Ward 7). Councilmember Salvaggio advised he spoke with the Executive Director of LAFCO and was told that the annexation with regard to Pacheco No. 10, which is inhabited with approximately 200 to 300 people, would take another four to five months. He asked staff to check into that because the Council would like to be able to incorporate Pacheco No. 10 into their deliberations regarding the adjustment of ward boundaries and, if it is going to take four to five months, Council would not be able to do that. Upon a motion Resolution No. 47-91 of Bakersfield was adopted by Councilmember Salvaggio, the Council of the City of by the following roll call vote: Ayes: Councilmembers Edwards, D-Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 27, 1991 Page 23 Adoption of Resolution No. 48-91 of the Council of the City of Bakersfield approving grant application proposal for the Lakeview Community Area Crime Prevention Program from the Office of Criminal Justice Planning. Upon a motion by Councilmember Edwards, Resolution No. 48-91 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 Adoption of Resolution No. 49-91 of the Council of the City of Bakersfield ordering the summary vacation of the right-of-way for cul-de-sac on the west side of South "H" Street, north of White Lane in the City of Bakersfield. Upon a motion by Councilmember Salvaggio, Resolution No. 49-91 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, $alvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 50-91 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units. Upon a resolution by Councilmember McDermott, Resolution No. 50-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 91-60, Amendment NO. 1 to Grant Agreement for Federal Aviation Administration (FAA) Project No. 3-06-0323-04 (Bakersfield Municipal Airport). Upon a motion by Councilmember Salvaggio, Agreement No. 91-60 was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 91-61 with Tegeler Hotel Investors for acquisition and rehabilitation of the Tegeler Hotel located at 1300 "H" Street. Bakersfield, California, March 27, 1991 - Page 24 At the request of City Manager Hawley, Economic Development Director Wager discussed the Tegeler Hotel project, provided some historical background, as well as an overview of what this project will do, and reviewed briefly some of the terms of the Agreement. He advised the Council that the developer is in the audience this evening to answer any questions. At the request of Councilmember DeMond, Mr. Cyrus Youseffi, one of the general partners of the developer, Tegeler Hotel Investors, was recognized and responded to questions. Mr. Youseff also responded to questions raised by Councilmember Edwards. Councilmember McDermott advised that he could not support the Council taking action on this matter prior to the Central District Development Agency doing so and stated he would like to see the CDDA take action first. Councilmember Brunni expressed her concern that a completion bond was not required in this Agreement and asked staff if they have taken a financial statement on Mr. Logue and Mr. Youseffi, the developers, and verified the validity of what is on those statements, taken credit reports, etc., in determining whether or not this thing goes in default and the City has to go back against someone? She also asked where is our true security, and are there assets there to go after? Economic Development Director Wager responded to Councilmember Brunni's questions advising that one of the things incorporated in the Agreement is the ability to pursue the developer and their personal assets. He further advised that a credit check has been run, and there are substantial assets there. Councilmember Brunni stated she is supportive of using CDBG (Community Development Block Grant) funds for affordable housing in our City. She advised that one of the questions she asked this morning when she met with Community Development Coordinator George Gonzales was, that with regard to the State of California's commitment letter and the conditions mentioned in that letter, did we get a copy of the letter to determine if there was anything in it that might be an "out" or is too open? Councilmember Brunni requested that she would like the record to reflect these kinds of questions. Economic Development Director advised that, in the packet, there should have been a letter, dated January 1991, from the State of California which is at this point their letter of commitment. He further advised it was his understanding that if another condition was added, then prior to the submittal of any funds into escrow, we can verify once again with the State of California and receive some written statement from them indicating that those are the only conditions. Bakersfield, California, March 27, 1991 Page 25 Mr. Youseffi was recognized again and advised the Council that the City is not going to disburse its money into the escrow or with the escrow condition that would predicate the State funds to be there and the developers' money to be there before anything happens to the City's money. He further advised that the State funds stay with the State of California Treasury and will not be disbursed to the developer. Mr. Youseffi stated it would be based on progress, payment monthly submitted. He advised that the State has the Construction Monitoring Unit where they visit and they see 10 percent of the project and, as is done in banking, they will disburse that. He further advised that during this time, the City's money is under the City's name in the City's account, and it is not going to be disbursed. Mr. Youseffi stated he could not think of any completion bond that is better than having control of your funds. Councilmember Brunni asked staff, with regard to the cash deposits, if they had to be made today, can they be made? She also asked if the existence of the cash to be deposited has been verified. Economic Development Director Wager advised that, without getting into the personal details of the two gentlemen who are the developers, within their savings account those kinds of moneys exist. Mr. Daniels C. Logue, the other partner of the developer, was recognized and advised with regard to the bond, that the developer does not take the City's money at all and use it until the Notice of Completion is filed and the building is finished and done. He further advised that the money used is the developer's money and the State's money. After much discussion, upon a motion by Councilmember DeMond, Agreement No. 91-61 was approved and the Mayor authorized to execute the Agreement, with Councilmember McDermott voting "No". COUNCIL STATEMENTS In response to Councilmember Edwards' question regarding the rumor of the possible purchase by the County of the City Center Project, City Manager Hawley advised that he met with Mary Woodell, Acting County Administrative Officer, and re-emphasized the concern that the City and the Central District Development Agency have about recovering their investments and the County's possible purchase of the property. He further advised that he has been assured that the County will not proceed without communicating or meeting with representatives of the City. Councilmember Edwards made a motion to schedule a public hearing in regard to GET's proposal to construct the transfer site on Hughes Lane and Ming Avenue, at some future date. Councilmember McDermott advised that he is going to be absent from this vote. Bakersfield, California, March 27, 1991 - Page 26 After much discussion, the motion by Councilmember Edwards to direct staff to schedule a public hearing after GET applies for the encroachment permits to construct the transfer site on Hughes Lane and Ming Avenue was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, $alvaggio None None Councilmember McDermott Noes: Abstain: Absent: Councilmember McDermott requested that the City Attorney's Office and the Intergovernmental Relations Committee continue to look at the issue regarding the Valley-Wide Air Pollution District to make sure that in some way representation by the cities is proportionate to their size. Councilmember Brunni advised that she attended the Indirect Source Review Rule workshop and made a statement representing herself, not the Council. She further advised there will be more workshops on this issue, and she would like the Council to be able to take a position. Upon a motion by Council Brunni, the issue of the Indirect Source Review Rule itself, as it is currently proposed, was referred to the Intergovernmental Relations Committee, so it can be discussed with County representatives. Councilmember Brunni advised that she will be attending the League of Cities meeting tomorrow night, and one of the issues being discussed is the San Joaquin Valley Unified Air Basin Authority (UABA) and City representation on UABA, and the Indirect Source Review Rule. She encouraged Council's participation as much as possible with the League and asked the Councilmembers to try to attend the League of Cities meeting that will be held here in April. ADJOURNMENT There being no further Council, upon a motion was adjourned at 11:00 business to come before the by Councilmember DeMond, the meeting of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw