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