HomeMy WebLinkAbout04/24/1991 MINUTES CC470
Bakersfield, California, April 24, 1991
Minutes of the Closed Session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 6:09 p.m., April 24, 1991.
The meeting was called to order by Vice-Mayor Peterson.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
Brunni, Peterson,
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation; Section 54957 regarding a
personnel matter; and Section 54957.6
regarding Labor Negotiations with the City's
Chief Negotiator Bill Avery regarding Police,
Fire and Fire supervisory Unit Negotiations.
Upon a motion by Councilmember Brunni,
to the City Manager's Conference Room for Closed
p.m.
Council recessed
Session at 6:09
ADJOURNMENT
Upon a motion by Councilmember DeMond,
Closed Session was adjourned at 7:04 p.m.
the meeting for
ATTEST:
CITY CLE R~~~a~ Ex~ f'C lcio '~the
Council of the City of Bakersfield, CA
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Bakersfield, California, April 24, 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., April 24, 1991.
The meeting was called to order by Vice-Mayor Peterson at
5:20 p.m.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni (seated at
5:21), Peterson, McDermott, Salvaggio
None
WORKSHOP
Reapportionment of Council War4s.
Planning Director Hardisty advised that, as requested,
Council had been provided with a breakdown of the population by
precinct and by ward of the various ethnic groups in Bakersfield.
He further advised that various Councilmembers have brought in
options to be pre-loaded into the computer, and there are currently
options from Wards 6, 5, 2 and 4 programmed as base options to work
from.
Planning Director Hardisty introduced the City staff who
will be operating the various pieces of equipment, as follows: Mr.
Bruce Deeter, working on an independent LOTUS Spreadsheet as backup
in case the main system fails; Mr. Jim Eggert, taking notations on
paper and pen; and Mr. David Dow, operating the main computer.
Vice Mayor Peterson advised that the purpose of this
Workshop is for the benefit of the Council, and there would be no
public input at this time. He further advised that there will be
a public hearing later in the Regular Meeting, and the public will
be allowed to speak at that time.
City Attorney Lunardini advised that there are
approximately eight or nine factors which the courts have
identified as playing a role in determining whether the Voting
Rights Act has been complied with properly or not. He further
advised that in addition to these eight or nine factors, there are
three fundamental prerequisites that the Supreme Court has said
must be met by any group seeking to challenge the particular
reapportionment. He then outlined the prerequisites and the
factors, and made available, for the press and interested members
of the public, a memorandum prepared by the City Attorney's Office.
Council then
reapportionment.
discussed their suggestions for
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Brunni, the meeting was
adjourned to Closed Session at 6:09 p.m.
472
Bakersfield, california, April 24, 1991 - Page 2
Councilmember Brunni requested that the Workshop
continued after the meeting, if necessary.
MAYOR of the City of
ATTEST:
CITY e
Council of the City of Bakersfield, CA
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Bakersfield, California, April 24, 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., April 24, 1991.
The meeting was called to order by Mayor Medders at 7:05
p.m., followed by the Invocation by Councilmember Peterson and the
Pledge of Allegiance.
Assistant City Clerk Gafford called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
PRESENTATION
Mayor Medders presented a Proclamation to Dr. Garnett
Langston, a volunteer for the American Heart Association,
proclaiming May 15, 1991, as Employee Health and Fitness Day in
Bakersfield and encouraged all workers to participate.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 8431 to 8899,
inclusive, in the amount of $1,800,409.26,
and Self-Insurance Warrant Nos. 1800 to
1898, inclusive, in the amount of
$81,599.02.
Minutes of the Workshop, Closed Session
and Regular Meeting of April 10, 1991,
for approval.
c. Communications:
Communication from Sequoia
Engineering, Inc., 1430 Truxtun
Avenue, dated March 29, 1991,
requesting amendment to the
Land Use Element of the
Bakersfield Metropolitan General
Plan for the area located at the
NW corner of Meacham and
Calloway Drive. (RECEIVE AND
REFER TO PIJ~NNING COMMISSION)
Communication from Batey Real
Estate, 4621 American Avenue,
Suite "C", dated April 2, 1991,
requesting amendment to the Land
Use Element of the Bakersfield
Metropolitan General Plan for
the area located at the corner
of Jewetta Avenue and Reina
Road. (RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from DeWalt
Corporation, 2340 Niles Street,
dated April 11, 1991, requesting
establishment of a Maintenance
District for Tracts 5416 and
5419. (RECEIVE AND REFER TO
PUBLIC WORKS)
Bakersfield, California, April 24, 1991 - Page 2
Communication from Richard
Prado, MAOF, dated April 11,
1991, submitting his
resignation from the Citizen's
Convention Center Committee,
effective immediately. (RECEIVE
AND PLACE ON FILE)
Communication from David L.
Axelson, Controller of the State
of California Office, P.O. Box
942850, Sacramento, dated
April 9, 1991, regarding Fiscal
Year 1989-90 Single Audit Report
Certification and Audit Finding
Resolution. (RECEIVE AND PLACE
ON FINE)
Dedication of Properties:
Corporation Grant Deed No. 3317
from True Spirit Homes and
Centercal Properties, Inc., for
a drainage basin lot within
Tract 5084, Phase I, located
north of Stockdale Highway at
Jenkins Road.
Deed Nos. 3318 and 3319,
Flowage Easements from True
Spirit Homes and Centercal
Properties, Inc., for the
retention of storm and drainage
water. The easements are
located adjacent to Tract 5084,
Phase I, located north of
Stockdale Highway at Jenkins
Road.
Street Right-of-Way Deed No.
3320 from True Spirit Homes and
Centercal Properties, Inc., for
a portion of Renfro Road north
of Stockdale Highway and a
portion of Stockdale Highway
east of Renfro Road.
4 o
Street Right-of-Way Deed No.
3321 from the First Pentecostal
Church of Jesus Christ of
Bakersfield for a corner cutoff
at the northeast corner of West
Columbus Street and Chester
Avenue.
Street Right-of-Way Deed No.
3322 from Calvary Bible Church
of Bakersfield, Inc., for
additional street right-of-way
at the intersection of Denise
Avenue and Manor Street.
Grant Deed No. 3323 from
Centercal-Hinesley, for a sewer
lift station at the northeast
corner of Hageman Road and
Jewetta Avenue.
Bakersfield, California, April 24, 1991 - Page 3
Grant Deed No. 3324 from
Raymond N. Franco, et al., for
an easement to construct and
maintain a sewer trunk pipeline,
located northerly of Hageman
Road and easterly of Jewetta
Avenue and is within the
proposed street right-of-way
alignment of Verdugo Lane.
Deed No. 3325, Sewer Line
Easement from B B & R, for an
easement to construct and
maintain a sewer trunk pipeline,
located northerly of Hageman
Road and easterly of Jewetta
Avenue and is within the
proposed street right-of-way
alignment of Verdugo Lane.
Deed No.3326, Sewer Line
Easement from Mason, Carosella
and Camp, for a sewer lift
station on the north side of
Hageman Road, easterly of Allen
Road.
Map and Improvement Agreements:
Final Map and Improvement
Agreement Nos. 91-73 and 91-74
with True Spirit Homes and
Centercal Properties, Inc., for
Tract 5084, Phase I, consisting
of 102 lots on 47.73 acres
located north of Stockdale
Highway at Jenkins Road.
Agreement No. 91-75 with True
Spirit Homes and Centercal
Properties, Inc., to guarantee
their share of the costs
involved in the construction of
traffic signals at Renfro Road
and Johnson Road, Renfro Road
and Stockdale Highway, and
Jenkins Road and Stockdale
Highway.
Final Map and Improvement
Agreement Nos. 91-76 and 91-77
with CRT Development Group for
Tract 5135, Unit B, consisting
of 84 lots on 19.84 acres
located south of White Lane
between Mountain Vista Drive and
Buena Vista Road.
Notices of Completion and acceptance of
work for:
Contract No. 90-277 with W. M.
Lyles Company for McCutcheon
Road sewer replacement from
Ashe Road to 1200 feet west,
completed April 10, 1991.
Bakersfield, California, April 24, 1991 - Page 4
Contract No. 90-289 with
Griffith Company for
construction of Marriott Drive
extension from 500 feet west of
Camino Del Rio Court, completed
April 5, 1991.
Contract No. 90-295 with Crisp
Construction Company for
installation of fuel tanks at
the Rio Bravo Fire Station,
completed April 11, 1991.
Contract No. 90-123 with Antony
C. Evans and Sammy W. Wilkerson
for Tract No. 4708, located at
Stockdale Highway west of
Renfro Road, completed April 5,
1991.
Contract No. 90-195 with Metco
Development Corp. for Tract No.
5309, located south of White
Lane and east of Buena Vista
Boulevard, completed April 15,
1991.
Approval of Plans and Specifications for:
Traffic Signal System on White
Lane at Wilson Road.
Traffic Signal System on Manor
Street at Denise Avenue.
3. Construction of curb and gutter
on Verde, Kern, 1st, 2nd, 3rd
and Eye Streets, and Holtby Road.
4. REMOVED FOR SEPARATE CONSIDERATION.
Agreement No. 91-78 with Pacific Gas and
Electric Company for removal of an
existing power pole and the associated
undergrounding at the intersection of
Coffee Road and Olive Drive. (Assessment
District No. 86-2)
Purchase Agreement No. 91-79 with True
Spirit Homes and Centercal Properties for
acquisition of Kern River Freeway right-
of-way along the north boundary of Tract
5084, east of Renfro Road.
Agreement No. 91-80 with Southern
California Gas Company for their
installation and maintenance of a main
gas line along Olive Drive, west of
Coffee Road.
Pipeline License Agreement No. 91-81 with
Shell Western E & P to install small
pipelines in two 16-inch casings at
Gordon's Ferry Bridge.
Authorize the appropriation of $19,500.00
from the Seized Property Account to the
Public Works Operating Budget in the
Equipment Management Fund for the purchase
of two vehicles.
Bakersfield, California, April 24, 1991 - Page 5
Upon a motion by Councilmember Edwards, Item g.4. of the
Consent Calendar, Approval of Plans and Specifications for 5th
Street addition for Bakersfield Senior Center, was removed to be
acted on separately immediately following the Consent Calendar.
Upon a motion by Councilmember Brunni, Items a, b, c, d,
e, f, g, h, i, j, k and 1 of the Consent Calendar, with the
correction to the Minutes and the removal of Item g.4., were
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
go4.
Approval of Plans and Specifications for
5th Street addition for Bakersfield
Senior Center.
Upon a motion by Councilmember DeMond, the Plans and
Specifications for the 5th Street addition for Bakersfield Senior
Center was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson, McDermott
Salvaggio
None
None
Councilmember Edwards
PUBLIC STATEMENTS
Mr. Bill Grindstead, President, Warner Cable, introduced
himself to Council, advising that he is in the process of
relocating to Bakersfield. He asked that Council contact him
whenever they hear from constituents regarding cable problems so
that he can address those issues.
Ms. Raberta Rous, Superintendent, Lakeside School
District, 7612 Avenida Daledot, spoke regarding the Ashe No. 2
Annexation and advised that it does impact the Lakeside School
District. Additionally, she submitted a letter to the Clerk for
the record.
Mr. Maurice Etchechury, Engineer, 5055 California Avenue,
Suite 218, representing Stan Antongiovanni in his Ashe No. 2
Annexation, advised that they realize the development will have a
substantial impact upon the Lakeside School District and they are
excited about working with somebody that is as proactive as
Lakeside is in this matter.
Mr. Ken Champion, 1721 Hendricks Lane, spoke in support
of the Ordinance amending the Multiple Family Dwelling Zone,
specifically with respect to juvenile and adult offender care
facilities.
Ms. Mary Helen Barro, 14500 Las Palmas Drive, #22, spoke
in support of the reappointment of Victoria Araujo to the Central
District Development Agency.
Mr. Bruce Keith, President, Downtown Business
Association, 1401 19th Street, spoke regarding the District
Attorney's interest in occupying the vacant City Center Building,
and advised that the City Clerk's Office had been sent a letter in
support of this issue. Mr. Keith also spoke in support of the
reappointment of Victoria Araujo to the Central District
Development Agency.
Bakersfield, California, April 24, 1991 - Page 6
HE~,IN~S
Hearing to consider reapportionment of Council
Wards.
Upon a motion by Councilmember McDermott, this hearing
was moved to the end of the meeting just prior to Council
Statements in order to allow Council adequate time to discuss it.
Hearing regarding the Kern County and
Incorporated Cities Hazardous Waste Management
Plan (CHWMP).
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Ted James, Director of Planning and Development
Services for Kern County, spoke in support of the staff
recommendation and provided background information regarding the
Plan.
No protest or objections being received and no one else
wishing to speak in favor, Mayor Medders closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 54-91 making
findings and approving the Kern County and
Incorporated Cities Hazardous Waste Management
Plan.
Councilmember Salvaggio to adopt the Resolution making
findings and approving the CHWMP.
Councilmember DeMond advised that she is in support of
the staff recommendation; however, she had a couple of concerns.
She noted that back in 1988, when the Plan was submitted to City
staff for review, it was of substantial size and we had only two
days to review the document, and several staff members did respond
to the County. She stated that the standard operating procedure is
to comment on submitted comments or concerns point-by-point, and
that was not done, and she advised she is concerned about that.
Councilmember DeMond stated for the record that she urges the
County to revise the Plan as soon as the State provides updated
guidelines since the Plan is already three years out of date and it
puts us in rather a hazardous position. She advised that it is a
good start but she hopes the County will take her comments and note
them.
Upon a motion by Councilmember Salvaggio, Resolution No.
54-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Protest Hearing as required by Resolution of
Intention No. 1076 and Resolution No. 29-91 of
the City of Bakersfield to construct certain
improvements (water main works) in proposed
Assessment District No. 90-2 (Paladino Water
Project).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Bakersfield, California, April 24, 1991 - Page 7
Communication has been received from Eugene & Mary Smith,
dated March 19, 1991, in opposition to the Assessment District; and
Southern California Edison Company, dated April 4, 1991, requesting
that its properties be exempted from the proposed fee district.
The following property owners have submitted
correspondence in opposition to Assessment District No. 90-2:
John M. and Rubye B. Fuson, 400 Truxtun Avenue;
Billy Brown, 1428 E. Truxtun Avenue;
Rolly Brown, 1421 E. Truxtun Avenue;
Judy Sparks, APN #386-220-27-006,
#386-220-26-00-3;
June Janette Pitts, APN #386-220-17-00-7,
#386-220-15-00-1, #386-220-16-00-4;
John K. and Jennie M. Haberlander, 10720 Paladino
Drive;
William S. and Nancy S. Kalbaugh, and Stephen J.
and Carol S. Downs, 3508 La Costa Street;
Victor and Diane Maddox, 10700 Paladino Drive;
Matthew E. McQuarrie, representing the Hanford
Group;
Marshall Wayne and Carla J. Cherry,
APN #386-220-09-00-4;
Dominic and Barbara Eyherabide,
APN #386-220-24-007;
Duane and Jennifer Williams, #386-220-21-00-8;
Carl and Lilth Williams, APN #386-220-22-00-1;
Cecil J. Bailey, APN #386-220-08-00-1;
Sharon Schmidt, APN #386-220-12-00-2;
Raymond and Cynthia Sanders, 9348 Morningside
Court;
Donald R. Galey, 3408 Panorama Drive; and
Arthur Jones and Marilyn Jones, P. O. Box 6275,
Bakersfield.
Communication has also been received from Del Rey Real
Estate requesting the assessment to the respread to apportion the
total construction and costs to their properties for the
installation of a 16-inch diameter water main in Morning Drive,
from Panorama Drive to Paladino Drive.
Mayor Medders declared the hearing open for public
participation.
Dro Redy, owner of approximately 40 acres of property on
Paladino Drive, spoke in opposition to the Assessment District.
Mr. Arthur Jones, owner of a 15-acre parcel on Paladino
Drive, spoke in opposition to the Assessment District.
Bakersfield, California, April 24, 1991 Page 8
Ms. Susie Kalbaugh, owner of 13.49 acres of property on
Paladino Drive, spoke in opposition to the Assessment District.
Mr. Gene Smith, owner of 10 acres of property on Paladino
Drive, spoke in opposition to the Assessment District.
Mr. Ted Ollum, 4544 Cosmo, owner of 2-1/2 acres, spoke in
support of the Assessment District. Mr. Ollum also stated he would
like it to go on record his appreciation for the help of City
Engineer DeWayne Starnes and Mr. Ed Wilson, and other members of
the City that helped him collect some information to disseminate to
everyone who is in favor or opposed, and he found the City staff
and officials very helpful.
Mr. Pedro Espericueta, 8601 Morningside Court, spoke in
support of the Assessment District.
Mr. Danny Russell, 10901 Pitts Avenue, spoke in support
of the Assessment District.
Mr. Frank Reina, Del Rey Development, Inc., who is
developing 303 lots at Paladino and Morning Drive, spoke in support
of the Assessment District.
Mr. Jim Medearis, owner of a 10-acre parcel, spoke in
rebuttal in opposition to the Assessment District.
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.
At the request of Councilmember Smith, Mr. Ed Wilson, the
Assessment Engineering Consultant retained by the City of
Bakersfield for the Paladino Water Project, was recognized and
responded to questions.
Mr. Richard Hargrove, Bond Counsel for the City of
Bakersfield on this project, was recognized and responded to
questions from Councilmember Smith.
Smith,
May 22,
After much discussion, upon a motion by Councilmember
the decision regarding this hearing was continued until
1991.
Mayor Medders recognized the members of Bakersfield Boy
Scout Troop 316, from the Campus Park area, who are in the audience
this evening working on their Citizenship in the Community Merit
Badges.
REPORTS
Councilmember DeMond read Budget and Finance Committee
Report No. 7-91 regarding Amendment No. 2 to the Community
Development Block Grant (CDBG) Application for Fiscal Year
1990-91, as follows:
On April 3, 1991, the Budget and Finance
Committee met to review Amendment No. 2 to
Fiscal Year 1990-91 Community Development
Block Grant (CDBG) Application.
Program income totaling $136,360 generated
from a loan repayment from C. T. Salas
Construction, and an Entitlement increase of
$13,000 from the U. S. Department of Housing
and Urban Development has required the
initiation of Amendment No. 2 to the 1990-91
CDBG Application.
Bakersfield, California, April 24, 1991 - Page 9
The Committee recommends the following changes
to the 1990-91 CDBG Program:
Budget Final
Activity Increase Budqet
Bakersfield Senior
Center Rehabilitation
(Phase III)*
$ 12,000 $ 12,000
Bakersfield Senior
Center Rehabilitation
Phase IV
$ 85,000 $115,000
Kern Street Area Curb
& Gutter Project
$ 4,250 $ 19,750
Chester Avenue Area
Curb & Gutter Project
$ 22,500 $ 57,500
Brundage Lane Area
Curb & Gutter Project
$ 10,580 $ 40,580
CDBG Administration
$ 15,030 $ 40,580
$149,360 $691,545
*The FY 1989-90 CDBG Program (prior year's
application) has $60,000 budgeted for this
project. The total combined budgets (FY89 and
FY90) will equal $72,000.
In addition to the proposed changes for the
mentioned FY 1990-91 CDBG Activities, the City
of Bakersfield proposes to delete and amend
the following prior FY90-91 CDBG Activities:
Salas & Sons Commercial Project:
Cancel uncompleted project at 1120 Chico
Street due to owner returning CDBG loan funds
($136,368).
Lakeview Neighborhood Revitalization Project:
Procedural boundary change necessitated by HUD
reporting requirements. Modification does not
involve changes to program goals.
Community Alcohol and Drug Counseling
Center Acquisition Project: Change of site to
1311 & 1313 California Avenue.
Fire Station No. 2 Improvement Project:
Change from rehabilitation to design.
The Committee, therefore, recommends that the
Council approve this report and authorize
staff to submit an amended FY 1990-91 CDBG
Application to the U.S. Department of Housing
and Urban Development.
Councilmember DeMond made a motion to accept the Report.
Councilmember Edwards stated that he would like to be
noted as absent on the vote on this.
Upon a motion by Councilmember DeMond, Budget and Finance
Committee Report No. 7-91 was accepted with Councilmember Edwards
absent. (Agreement No. 91-87)
Bakersfield, California, April 24, 1991 - Page 10
Upon a motion by Councilmember DeMond, the
recommendations of Budget and Finance Committee Report No. 7-91
were implemented, and Block Grant Program Income and CDBG
Entitlement of $15,038 to the Community Development Operating
Budget and $134,330 to the Communfty Development Capital
Improvement Budget appropriated by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson, McDermott
Salvaggio
None
None
Councilmember Edwards
Councilmember McDermott, Chairperson of the Budget and
Finance Committee, read report No. 8-91 regarding Modification of
Fee and Service Charge Revenue/Cost Comparison System Ordinance, as
follows:
State law has set forth new procedures for
cities to enact new or increased fees. The
method previously used of utilizing executive
orders to annually set fees instead of
ordinances or resolutions without public
hearings is no longer valid for all fees,
except for water, sewer or electrical service
charges.
In order to provide for the now required
public hearing and implementation of fees by
resolution, the fee and service charge
revenue/cost comparison system ordinance must
be amended. This amendment will provide for a
public hearing for new or increased fees to be
held concurrently with the City's annual
budget hearings for all city service centers.
It will also provide that a resolution of the
City Council setting fees be adopted prior to
the implementation of any new or increased
fees. It is anticipated that this resolution
will be adopted with the annual budget
resolutions in June each year.
This modification does not in any way change
the method of calculating the fees or change
the present percentages of costs reasonably
borne to be recovered for any service center.
It also does not require public hearings for
the setting of water, sewer or electrical
service charges.
The Budget and Finance Committee has reviewed
the proposed modification to the ordinance
with staff and recommends that it be given
first reading.
Upon a motion by Councilmember McDermott, Budget
Finance Committee Report No. 8-91 was accepted.
First Reading of an Ordinance amending chapter
3.70 of the Bakersfield Municipal Code
relating to the Fee and Service Charge
Revenue/Cost Comparison System.
and
Bakersfield, California, April 24, 1991 - Page 11
Councilmember Brunni, Chairperson of the Convention
Center and Community Services Committee, read Report No. 3-91
regarding Prohibited Acts in Parks - Hitting of Hardballs, as
follows:
The issue of prohibiting the playing of
baseball (hardball) in City parks was brought
before the Citizens' Parks and Recreation
Committee for their input and recommendations.
After several meetings, and with the public's
safety in mind, the Citizens' Committee made
the following recommendations:
Throwing of hardballs should be
allowed in all City parks.
Hitting and/or batting of hardballs
should be restricted to parks with a
designated area for such activity.
Information provided by staff indicates 8-10
complaints are received each year and are
usually at locations without open space.
Additional research indicates no other
California cities have prohibitions limiting
hitting or throwing of baseballs in public
parks.
Although this Committee feels that hitting of
baseballs should not be discouraged at all
parks, signs could be placed at specified
locations as provided by Section 12.56.040 (c)
which permits the Community Services Manager
to promulgate rules and regulations for the
daily operation for parks, such regulations to
have the force of laws.
Based on the above, this Committee recommends
that signs be placed at these locations
limiting hitting of baseballs and that this
action be evaluated over the next year and be
brought back to this Committee for review.
Upon a motion by Councilmember Brunni, Convention Center
and Community Services Committee Report No. 3-91 was accepted.
Councilmember McDermott stated that he continues to
believe it is un-American for the All-America City to ban the
American pastime. He advised that he grew up in an area of our
community where kids played baseball in the streets, which is a
very dangerous pastime, and he feels one of the big assets of our
community is that we have public parks. Councilmember McDermott
stated that he is sure the gentlemen in the audience from the Boy
Scout Troop use the parks quite often, among other things to
possibly play baseball in. He further stated that what the City is
doing, by even placing signs in certain small parks, is telling
these gentlemen that they cannot play baseball there and that the
City wants them to play in the streets. Councilmember McDermott
advised that he, personally, cannot support jeopardizing these
young men by doing that. He thinks it is a very dangerous thing
for Council to do. He stated that there have been complaints from
one or two property owners near the parks who made the choice to
move in next to the parks and are now complaining, and there have
been people who move next to airports and ask Council to ban
airplanes, and Council does not choose to do that.
Bakersfield, California, April 24, 1991 - Page 12
Councilmember McDermott stated he thinks it is a very
poor policy to ban baseball, and he continues to oppose it. He
believes Council has the tools available to our Park Superintendent
to address the issue and suggested several viable options such as
turning the baseball areas and facing them other ways, planting
some trees so that balls that are straying out of this area will
not cause other problems, and/or designing the mounds so that we
direct where we want the baseball to be played. He stated that
banning baseball in the parks is not a viable option and, even
saying that we are going to encourage our Park Superintendent to
put up signs is the same thing as banning baseball. Councilmember
McDermott advised that he opposes this very strongly.
Councilmember Edwards advised that the Committee is not
recommending that baseball be banned. He stated that hitting
hardballs in certain parks is risky for those in the park and in
the immediate neighborhood. It is being suggested that the hitting
of hardballs be limited to those parks where the size of the
facility is adequate to handle hitting. Councilmember Edwards
further advised that the Parks Director will have the knowledge of
which parks are the ones that are risky and will post the signs to
discourage the hitting of baseballs in those parks.
ACTION ON BIDS
Approval of Agreement No. 91-82 with Griffith
Company for Traffic Signal on "N" Street at
Truxtun Avenue.
Upon a motion by Councilmember DeMond, the low bid,
Option A, from Griffith Company in the amount of $113,000.00 was
accepted and the Mayor authorized to execute the Agreement.
Approval of Annual Contract No. 91-83 with
Affiliated Appraisers, Inc., for appraisals
for real property for Community Development
Home Improvement Block Grant Programs.
Upon a motion by Councilmember DeMond, the low bid from
Affiliated Appraisers, Inc., in the amount of $9,750.00, was
accepted and the Mayor authorized to execute the Contract.
Councilmember DeMond advised that she would like to see
an address, other than a Post Office Box, for people who make bids,
and she would like to see local addresses, if they are available.
Approval of Annual Contract No. 91-84 with
Pioneer Paint for paint and supplies for
Community Development Home Improvement Block
Grant Programs.
Upon a motion by Councilmember Brunni, the low bid from
Pioneer Paint in the amount of $8,577.54 was accepted and the Mayor
authorized to execute the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3353, amending Title
Seventeen of the Bakersfield Municipal Code
and City 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.
Bakersfield, California, April 24, 1991 - Page 13
Upon a motion by Councilmember Brunni, Ordinance No. 3353
was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Brunni, Peterson,
Adoption of Ordinance NO. 3354 Of the Council
of the City of Bakersfield adding Chapter 16.41
to the Bakersfield Municipal Code relating to
reservations. (real property)
This Ordinance was given first reading at the meeting of
April 10, 1991.
Upon a motion by Councilmember Brunni, Ordinance No. 3354
of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Ordinance No. 3355 amending
Sections 15.72.090 and 15.72.120 of the
Bakersfleld Municipal Code relating to hearing
procedure for designation of Cultural Resources
and Historic Districts.
This Ordinance was given first reading at the meeting of
April 10, 1991, with Urban Development Committee Report No. 4-91.
Upon a motion by Councilmember Peterson, Ordinance No.
3355 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Noes:
Abstain:
Absent:
Adoption of Ordinance No. 3356 adding Chapter
17.55 to the Bakersfield Municipal Code
relating to specific plan lines for streets and
highways.
This Ordinance was given first reading at the meeting of
April 10, 1991.
Councilmember McDermott advised that he was pleased to
see the vote of the Supervisors confirming the Specific Plan. He
stated that he thinks there are several areas that the City may
have to mitigate some of the impacts and to look at, basically the
impact on the water percolation areas and the Kern River Freeway
impact between Mohawk and Coffee. He further stated that the other
thing that the Council needs to continue to stress is the adoption
of the Specific Plan for the rest of our Freeway and Circulation
Element.
Bakersfield, California, April 24, 1991 - Page 14
Upon a motion by Councilmember McDermott, Ordinance No.
3356 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Ordinance No. 3357 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 103-22 by changing the Land
Use Zoning for properties located at
2660 Oswell Street from a P.C.D. (Planned
Commercial Development) Zone to a P.C.D.
(Planned commercial Development) Zone for
purposes of changing conditions of access to a
commercial shopping center.
This Ordinance was given first reading at the meeting of
April 10, 1991.
Upon a motion by Councilmember Smith, Ordinance No. 3357
was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, Smith, Brunni, Peterson,
McDermott, Salvaggio
Councilmember DeMond
None
None
Councilmember Brunni left the meeting at 8:34 p.m.
NEW BUSINESS
First Reading of an Ordinance amending Title
Seventeen of the Bakersfield Municipal Code
and City Zoning Map Nos. 123-24 and 123-25 by
prezoning property located north of the
Arvin-Edison Canal west of Freeway 99 known as
the Dennen No. 1 Annexation (Ward 6 and 7).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 91.87+/- acres of the
Dennen No. 1 Annexation as an R-1 (One Family Dwelling) Zone, MH
(Mobilehome) and C-2 (Commercial) Zone.
First Reading of an Ordinance amending Title
Seventeen of the Bakersfield Municipal Code
and City Zoning Map Nos. 123-26, 123-27 and
123-28 by prezoning property located south of
Panama Lane, east of Gosford Road known as the
Ashe No. 2 Annexation (Ward 6).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 918+/- acres of the Ashe
No. 2 Annexation as an R-1 (One Family Dwelling) Zone, A-20A
(Agricultural, 20-acre minimum lot size) and RS-10A (Residential
Suburban, 10-acre minimum lot size) Zone.
Communication has been received from Roberta Rous,
District Superintendent, Lakeside Union Elementary School District,
regarding mitigation of school impact in Ashe No. 2 Annexation.
Bakersfield, California, April 24, 1991 - Page 15
First Reading of an Ordinance amending
Subsection B. of Section 17.18.020 and adding
Subsection C. to Section 17.18.025 of the
Bakersfield Municipal Code relating to
Residential Care Facilities in R-4 (Multiple-
Family Dwelling) Zone.
This Ordinance amends Title 17 of the Bakersfield
Municipal Code to require a conditional use permit for juvenile and
adult offender care facilities serving 7 or more persons. This
Ordinance can be administered without the potential for conflict
with federal law concerning people with disabilities.
Adoption of Resolution No. 55-91 specifying
that, unless excluded by Council, all portions
of the proposed Hosking No. i Annexation shall
upon annexation to the City of Bakersfield, be
included within the Greater Bakersfield
Separation of Grade District, and setting
hearing for objections thereto (Ward 7).
This Resolution initiates proceedings to include Wible
No. 7 within the Greater Bakersfield Separation of Grade District
and sets Wednesday, June 5, 1991, as the date for Protest Hearing
on this matter.
Upon a motion by Councilmember Salvaggio, Resolution No.
55-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Adoption of Resolution No. 56-91 providing for
the adjustment of property tax revenues upon
local agency jurisdictional change resulting
from Annexation No. 344, LAFCO Proceeding No.
1064, Hosking No. 2 Annexation (Ward 6).
This Resolution sets forth the agreed property tax
distribution between the City and County on Annexation No. 344,
LAFCO Proceeding No. 1064, Nosking No. 2.
Upon a motion by Councilmember McDermott, Resolution No.
56-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Councilmember Brunni returned to the meeting at 8:38 p.m.
Adoption of Resolution No. 57-91 providing for
the adjustment of property tax revenues upon
local agency jurisdictional change resulting
from Annexation No. 345, LAFCO Proceeding No.
1065, Hosking No. $ Annexation (Ward 6).
This Resolution sets forth the agreed property tax
distribution between the City and County on Annexation No. 345,
LAFCO Proceeding No. 1065, Hosking No. 3.
Bakersfield, California, April 24, 1991 - Page 16
Upon a motion by Councilmember McDermott, Resolution No.
57-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 58-91 specifying
that, unless excluded by Council, all portions
of the proposed Wible No. 7 Annexation, shall
upon annexation to the City of Bakersfield, be
included within the Greater Bakersfield
Separation of Grade District, and setting
hearing for objections thereto (Ward 6).
This Resolution initiates proceedings to include Wible
No. 7 within the Greater Bakersfield Separation of Grade District
and sets Wednesday, June 5, 1991, as the date for Protest Hearing
on this matter.
Upon a motion by Councilmember McDermott, Resolution No.
58-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 59-91 of the
Council of the City of Bakersfield amending
the boundaries of the City of Bakersfield
Domestic Water Service Area.
Upon a motion by Councilmember Salvaggio, Resolution No.
59-91 of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
60-91 was
Adoption of Resolution No. 60-91 ordering
judicial foreclosure of delinquent assessments
pursuant to the Improvement Bond Act of 1915,
and ordering that the tax collector be credited
with those assessments (Assessment District 81-1).
Upon a motion by Councilmember DeMond, Resolution No.
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 61-91 approving
grant application proposal for a Roadside
Sobriety Checkpoint Program from the California
Office of Traffic Safety.
Bakersfield, California, April 24, 1991 - Page 17
Upon a motion by Councilmember Salvaggio, Resolution No.
61-91 was adopted and $10,500.00 State Grant was appropriated to
the Public Works Operations Budget in the Equipment Management Fund
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Noes:
Abstain:
Absent:
Adoption of Resolution of Application No. 62-91
proposing proceedings for annexation of
territory to the City of Bakersfield identified
as Annexation No. 350, Wible No. 9 Annexation
(Ward 6 and Ward 7).
Upon a motion by Councilmember McDermott, Resolution of
Application No. 62-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Adoption of Resolution of Application No. 63-91
proposing proceedings for annexation of
territory to the City of Bakersfield identified
as Annexation No. 351, Wible No. 10 Annexation
(Ward 6 and Ward 7).
Upon a motion by Councilmember McDermott, Resolution of
Application No. 63-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson
McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 64-91 amending
Resolutlon No. 83-90 approving and adopting
the Operating and Capital Improvements Budgets
for the City of Bakersfield, California, for
the Fiscal Year 1990-91.
Upon a motion by Councilmember McDermott, Resolution No.
64-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Noes:
Abstain:
Absent:
Adoption of Resolution No. 65-91 amending
Resolution No. 85-90 approving and adopting
the Operating and Capital Improvements Budgets
for the use of Community Development Block
Grant Funds for the Fiscal Year 1990-91.
Mayor Medders advised that Councilmember Edwards would be
shown as absent on the vote for this Resolution.
Bakersfield, California, April 24, 1991 - Page 18
Upon a motion by Councilmember McDermott, Resolution No.
65-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
Councilmember Edwards
Peterson,
Councilmember McDermott left the meeting at 8:47 p.m.
Approval of Agreement No. 91-85, Amendment
No. 4 to Memorandum of Understanding Agreement
No. 88-Z67, with the County of Kern to
implement the Fair Housing Program.
For the record, Councilmember Brunni asked Community
Development Coordinator Gonzales to delineate exactly what the
changes are with regard to Amendment No. 4.
Community Development Coordinator Gonzales advised that
the Fair Housing Program had asked for an additional person for
their budget and, because of that, the City was not able to provide
him with funds to get him another person, so the scope of some of
the work that he has to do has been reduced and some of the
language, that has not been changed for almost 4 years, has now
been changed.
In response to a question by Councilmember Brunni, with
regard to why are we giving them more money, Community Development
Coordinator Gonzales advised that, because the funding technically
will end April 30th, what is happening is that the Program is being
continued for another six months, so the budget has to be increased
for those six months.
Upon a motion by Councilmember DeMond, Agreement No.
91-85 was approved and the Mayor authorized to execute the
Agreement.
time.
Councilmember McDermott returned to the meeting at this
Approval of Donation Agreement No. 91-86 with
Junior League of Bakersfield to supply
equipment and materials for the Bakersfield
Homeless Center.
Councilmember DeMond made a motion to approve and
authorize the Mayor to execute the Agreement.
Councilmember DeMond announced the opening for the
Homeless Center is scheduled for 10:00 a.m., May 8, 1991, with
representatives from the majority of the public officials from the
State, County and City.
Upon a motion by Councilmember DeMond, Donation Agreement
No. 91-86 was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Bakersfield, California, April 24, 1991 - Page 19
One (1) appointment to the Central District
Development Agency due to the expiration of
term of Victoria Araujo, term expiring
April 22, 1991.
Mayor Medders nominated Victoria Araujo for reappointment
to the Central District Development Agency.
Upon a motion by Councilmember
was reappointed to the Central District
four-year term expiring April 22, 1995.
DeMond, Victoria Araujo
Development Agency to a
Mayor Medders left the meeting at 9:00 p.m., and Vice
Mayor Peterson chaired the meeting at this time.
HEARINGS (Continued)
Hearing to consider reapportionment of Counoil
Wards.
This hearing has been duly advertised and posted as
required by law.
Councilmember Edwards introduced Ms. Sharon Moore as his
Administrative Aide, on a voluntary basis, who will be working with
him to help better serve the constituents in Ward 1 and the City of
Bakersfield.
Councilmember McDermott proposed that ground rules be set
to structure this hearing since it is different than most hearings
that come before Council where there is a proposal and there are
proponents and opponents to the proposal, and the speakers are
limited to 15 minutes per side with a 5-minute rebuttal. In this
instance, he recommended that the length of this public hearing be
for a total of 40 minutes with a time limit for each individual of
3 minutes, and he also encouraged the speakers to be brief and
concise in their comments.
Upon a motion by Councilmember McDermott, a time limit of
3 minutes per speaker was set for a total of 40 minutes for the
public portion of the hearing.
Vice Mayor Peterson declared the hearing open for public
participation.
Mr. Ray Gonzales, Chairman of the Kern County Latino
Redistricting Coalition, stated that before the clock is started on
his time, he would like to say that the Coalition considers this
procedure an insult. Over 100 people were here, some of them at
great sacrifice, with their children. The Agenda item was delayed
and there are a number of speakers to testify here on a very
important matter, and now their speaking time is being cut off;
therefore, he will begin under protest. Mr. Gonzales also noted
that when supporters of the Coalition's side arrived, the Mayor
referred to it as a circus, and he wanted that on the record, as
well.
Vice Mayor Peterson advised the Clerk to begin the clock
at this point.
Mr. Ray Gonzales, Chairman of the Kern County Latino
Redistricting Coalition, spoke and asked that Council delay its
action on efforts to design new Council wards resulting from the
1990 Census. He stated that the Census Bureau has indicated that
a serious undercount has occurred and updated figures will be
issued by July 15th, and he encouraged Council to delay
redistricting until final Census figures are available.
Bakersfield, California, April 24, 1991 - Page 20
Mr. Gonzales expressed the Coalition's concerns with
regard to the nature of the present deliberations and, also, the
history of redistricting in the City of Bakersfield that
demonstrates fragmenting an area of heavy minority concentration
and dispersing it among several districts which has resulted in
minimizing or canceling out minority vote strength. Another
concern of the Coalition is the disparity of income levels between
the residents in two neighborhoods in Ward 2, which has resulted in
repeated election of candidates from the affluent portions of that
ward.
Mr. Gonzales advised that another issue that is a major
concern to the Coalition relates to the comments made by several
Councilmembers to the press suggesting that Hispanics who
constitute a plurality in Ward 1 should run in Ward 1, and the
Coalition feels this proposes that Hispanics and Blacks enter into
political combat where only one will survive. He stated that City
demographers, as well as Coalition demographers, have easily come
up with two wards where both Hispanic and Black candidates have a
possibility of victory. In closing, Mr. Gonzales asked for the
establishment of a fair opportunity for Hispanics to participate
equally in the political process and requested that Council play
fair and consider the political health of the entire community.
Mr. Manuel Lerma, representing the Kern County Hispanic
Chamber of Commerce, spoke regarding the redistricting as a result
of the 1990 Census. He advised that the Chamber is in full support
and an active member of the Kern County Hispanic Redistricting
Coalition, and it wants to ensure that the Hispanic community is
involved and has the opportunity to provide input into the process
that will determine the boundaries for elected officials.
Mr. Roy Malahowski spoke regarding the comments made by
the City Attorney earlier at the Workshop, specifically with
respect to a cohesive block and the majority impact on the block to
impede the minority.
Ms. Mary Helen Barro advised that she would also, at the
outset of her comments before the clock starts, like to express her
deep regrets that Mayor Medders did not see fit to stay for this
part of the hearing.
Ms. Mary Helen Barro, a member of the Kern County Human
Relations Commission, requested that Council consider not drawing
any ward boundaries that protect incumbent politicians and that no
serious splitting of the Hispanic neighborhoods be done. She urged
the City of Bakersfield to delay its decision on redrawing ward
boundaries until a final determination has been made of the
undercount of the 1990 Census. Ms. Barro requested assurance that
Hispanics will not be pitted against Blacks in an effort to gain
fair representation for all Bakersfield residents. She also
requested that Council think about the possibility of adding one or
two seats, if it does not feel that it can give Hispanics fair
representation with the present number of Council seats. Ms. Barro
then left on file with the City Clerk a letter dated April 24,
1991, written to Mayor Medders by Richard B. Fajardo, Staff
Attorney for the Mexican American Legal Defense and Educational
Fund.
Vice Mayor Peterson stated for the record that the
redistricting process is a Council responsibility, and the Mayor
grants that to the Council and he is next door. Mayor Medders has
had Councilmember Peterson sit in as Vice Mayor over this process,
and the Mayor feels that he does not really need to be involved,
but it's not out of any disrespect for those that have come to
participate in this process this evening.
Bakersfield, California, April 24, 1991 - Page 21
Ms. Hortencia Solis, Director of the Central Region
Mexican American Political Association, urged the City of
Bakersfield to delay the decisions on redrawing ward boundaries
until a final determination has been made on the undercount of the
1990 Census, which is anticipated in mid-July. She asked for
assurance that the Hispanics will not be pitted against Black in
an effort to gain fair representation for all Bakersfield
residents. Ms. Soliz suggested that a Hispanic ward can easily be
established under the existing Federal Reapportionment Guidelines.
Mr. Henry Rodriguez, State Secretary for the California
Hispanic Chambers of Commerce, stated that even though the Mayor is
not legally required to be here, Mr. Rodriguez thinks it is an
insult because the Mayor knows this is an important issue to the
Hispanic community, and Mr. Rodriguez asked that the record show
that Mayor Medders chose not to be here.
Mr. Rodriguez then read a prepared statement, which he
filed with the City Clerk, and asked that any consideration of
redistricting efforts be postponed until all factors and Hispanic
community interests and concerns have been fully explored.
Dr. Steve Arvizu, advised that he is an educator/citizen
and not representing any organization, but he is a part of the Kern
County Latino Coalition for Redistricting. He stated that the
Coalition is interested in achieving the ideal of a representative
democracy, and it is asking for fairness in the redistricting
planning and decision making. He feels that it is premature for
those lines to be drawn until the more accurate updated demographic
data is in on the Census because it appears that the Department of
Commerce has already gone on record as indicating that there is a
severe undercount, and that severe undercount has a disproportional
affect on low-income minority populations, and the Hispanic
population is included in that.
Dr. Jess Nieto, a businessman, educator and Local
Regional Director for One Stop Immigration and Education Center, a
member of the Coalition, and also a board member of Impacta 2000,
which is a coalition of Hispanic organizations very much involved
in the reapportionment effort at the state and local levels and a
part of the Coalition for Fair Representation, which is an
outgrowth of Californios for Fair Representation which had a deep
involvement in 1980 in Bakersfield with the reapportionment effort
and the Board of Supervisors. He spoke regarding the personal
impact of Council's decision which could give our City either a
good or bad reputation.
Speaking through an interpreter, Mr. Javier Redondo,
representing One Stop Immigration and Education Center, a community
organization that represents 1500 Hispanic members, advised that
they were determined to be here tonight, as an act of civic
participation, and to demand publicly that the Council redraw the
ward lines, the elective districts of the ward and the City
Councilmembers, because the way that they are presently drawn
impacts negatively the political aspirations and the future of
Hispanics. He further advised that the Spanish-speaking community
of Bakersfield is a group that is politically large and it is very,
very representative and, because of this, should be taken into
account when Council makes its decisions regarding the government
of the City of Bakersfield, so that there will be a more democratic
system in order for the people to be able to participate fully.
Bakersfield, California, April 24, 1991 - Page 22
Ms. (unintelligible), 2308 Carlita Drive, stated that she
did not appreciate the comments made earlier in the meeting by
Mayor Medders that this meeting will not be made a circus. She
further stated that she felt the statement was unfair and
discriminatory, that he would not have said that if the people
would have been Anglo, and she demanded a public apology.
Vice Mayor Peterson advised, once again, that the
comments by Mayor Medders were not directed at any individual or
signs, but that he just wanted to keep control of a public meeting.
Vice Mayor Peterson stated that, out of respect for the Mayor,
there have been enough cheap shots taken.
Ms. Gina Ramon, with the Latino Caucus of the State
Democratic Party, stated that she wanted to comment on the
statement Vice Mayor Peterson made. She advised that she did take
the Mayor's comments personally when he said that the issue was
tedious, and she feels the Mayor owes them an apology. Ms. Ramon
requested that before the Council redraws the boundary lines, it
take into consideration everything that the speakers have asked
here, and to note that there is a great percentage of Hispanics out
there.
Mr. Robert Martinez, a member of the Kern County Latino
Redistricting Coalition, stated that he just wants to re-emphasize
what Dr. Ray Gonzales said earlier. He further stated that he
would not like to see the Hispanic population split up, and he
would like to see a Hispanic ward. He recommended that the Council
should not draw lines based on where the Councilmembers live, and
he urged the Council to postpone any action tonight until the new
Census numbers come out.
Dr. Thomas R. Martinez, a Vice President for the Kern
County Hispanic Educators, stated that he wanted to reiterate and
to reinforce what has been said tonight, specifically, to postpone
any decisions about adopting new district lines tonight, and to
take some time to look at those lines to determine where and how
such a district could be drawn that includes 50 percent Latinos in
it.
Mr. Dan Crisp stated that he would like to have seen an
independent committee involved in this process. He also stated
that he would like to have seen more Hispanics run for office in
the past, and he encouraged Mr. Ray Gonzales to get out there and
to get his people out there to run for office in the future.
Ms. Maria Mayor Yaca (phonetic) stated that, in
Sacramento, the Hispanic forefathers of the Hispanic people that
are here tonight started the strategy and made the map of how our
cities are governed, and that they constructed the idea of having
a mayor and a city council. She urged everyone to work together on
this issue.
Mr. Marvin Dean spoke in support of the Hispanics having
a seat on the Council. He stated that he hopes when the wards are
redrawn that some of things that have been said earlier tonight
regarding the Hispanics being able to have a seat on this Council
be considered and looked at, but not in the sense that it's going
to be at the expense of another minority.
Vice Mayor Peterson closed the public portion of the
hearing for Council deliberation and action.
Upon a motion by Councilmember McDermott, the meeting
recessed at 9:46 p.m. and reconvened at 10:05 p.m.
Councilmember McDermott made a motion to draw preliminary
boundary lines tonight, and then have First Reading of an Ordinance
on May 8th with final adoption on May 22nd.
Bakersfield, California, April 24, 1991 - Page 23
After much discussion, the motion by Councilmember
McDermott to draw preliminary boundary lines tonight with First
Reading of an Ordinance on May 8th and final adoption on May 22nd
was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson, McDermott
Salvaggio
Councilmember Edwards
None
None
Upon a motion by Councilmember Smith, the change of
Precinct 306 and Precinct 304 to Ward 3 was approved.
Upon a motion by Councilmember DeMond, the change of
Precincts 378, 384, 327, 356, 331, 332, 328, 355, 357, 519 and 520
to be picked up by Ward 2 was approved.
Upon a motion by Councilmember DeMond, the proposal to
continue the California and East Truxtun line as is was approved by
the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Salvaggio
Councilmember McDermott
None
None
Noes:
Abstain:
Absent:
Brunni, Peterson,
Upon a motion by Councilmember DeMond, the proposal to
retain Precinct 527 and 528 in Ward 2 and add Precinct 529 to Ward
2, was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond,
Salvaggio
Councilmember McDermott
None
None
Smith, Brunni, Peterson,
Upon a motion by Councilmember Edwards, the proposal for
the northern part of Ward 1 to remain the same, the southern part
of Ward 1 would pick up Precincts 560, 206 and 548, the rest of the
Ward would be retained, and Precinct 535 would be picked up on the
northwest corner of the Ward, were approved by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond,
McDermott
None
Councilmember Salvaggio
None
Smith, Brunni, Peterson,
Upon a motion by Councilmember Brunni, the proposal to
change Precinct 468 from Ward 5 to Ward 4; shift Precincts 411 and
448 from Ward 4 to Ward 5; and change Precincts 353, 362, 392, 345,
336, 352, 374, 375 and 376 from Ward 4 to Ward 5, were approved.
Upon a motion by Vice Mayor Peterson, the proposal to
move Precincts 349, 556, 368, 359 and 360 to Ward 2, were approved.
Vice Mayor Peterson made a motion to move Precincts 451,
405, 446 and 454 from Ward 5 to Ward 4 and to split Precinct 446 on
the east and west sides of E1 Portal going into Amberton.
Vice Mayor Peterson made a motion to add Precincts 404,
417, 410, 423, 414, and 424 from Ward 6 to Ward 5.
Bakersfield, California, April 24, 1991 - Page 24
At the request of Councilmember Brunni, Planning Director
Hardisty summarized the proposed changes made by Vice Mayor
Peterson, as follows: Precincts 404, 417, 424, and 414 would move
from Ward 5 to Ward 6; Precinct 411 would move from Ward 4 to Ward
5; Precinct 448 and 407 would move from Ward 4 to Ward 6; Precincts
451, 405 and 446 (which would be split on the east and west sides
of E1 Portal) would move from Ward 5 to Ward 4.
Assistant City Clerk Gafford asked for clarification on
Ward 454 (no response was given).
Upon a motion by Vice Mayor Peterson, the proposed
changes, as summarized by Planning Director Hardisty, were approved
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Councilmember Brunni
None
None
Peterson,
Upon a motion by Councilmember McDermott, the proposal to
move Precinct 220 from Ward 6 to Ward 7, and re-number Precinct 228
into two separate precincts was approved.
Councilmember Salvaggio made a proposal to move Precinct
560 from Ward 7 to Ward 1, Precinct 220 from Ward 6 to Ward 7, and
that Precincts 548 and 206 be split along South Chester Avenue so
that everything on the east side of South Chester in both of those
precincts would go to Ward 1.
Upon a motion by Councilmember McDermott, the proposal to
move Precincts 536, 538 and 561 from Ward 5 to Ward 1, and Precinct
423 from Ward 6 to Ward 5 was approved by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Brunni, Peterson, McDermott,
Councilmembers Edwards, DeMond, Smith
None
None
Salvaggio
Upon a motion by Councilmember Salvaggio, the changes
made this evening will be submitted by the Council as a first draft
to be released for public review and comment was approved by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson, Salvaggio
Councilmembers Edwards, McDermott
None
None
COUNCIL STATEMENTS
Rosedale Highway and State Highway median
enhancements.
Councilmember Salvaggio requested that staff report back
to the Council at the next meeting with the status of the
commitments made by Cal Trans regarding the interchange project
that is underway at Highway 99 and Rosedale Highway, specifically
with respect to the median islands between Oak Street and Del Rio
Court.
Councilmember Brunni directed staff to work with a lady
named Sydney McFarland, who approached her regarding the potential
planting of peace roses in memorial to our veterans, and suggested
that we may be able to get the roses donated.
Bakersfield, California, April 24, 1991 - Page 25
Councilmember DeMond advised for the record that there
are aspects of the first draft for reapportionment that concern her
and that she is not supportive of everything that is in it, and she
wanted it noted that it is a first draft.
Councilmember DeMond requested the status of the semi-pro
basketball issue, and City Attorney Lunardini advised that his
staff is in the process of reviewing the proposed contract, which
review should be completed by Friday, and then will report their
views to the City Manager.
Upon a motion by Councilmember McDermott, the issue of
reviewing the policy with regard to appointments, specifically with
regard to board and commission members serving at the pleasure of
the Council, and the possibility of redrafting the ordinances
relating to that policy, was referred to the Urban Development
Committee to make a recommendation back to the Council.
Councilmember Smith thanked City Attorney Lunardini for
the pizza.
Councilmember Brunni referred to staff, for investigation
and comment back to Council, a letter from Mr. Buck Rogers to
Supervisor Karl Hettinger regarding the realignment the City did of
Stockdale Highway between Old River and Allen Roads, specifically
with respect to his complaint about the engineering work and how it
puddles there.
Upon a motion by Councilmember Brunni, a letter from
Mr. David Cortese of the San Jose Jammers, stating they are
interested in relocating the Continental Basketball Association
franchise to Bakersfield, was referred to the Convention Center and
Community Services Committee for review and report back to Council.
Councilmember Brunni advised that her attention light
sometimes goes off by itself at the Mayor's station, and she
requested that it be checked by staff.
Councilmember Brunni advised that she would like to
discuss with staff the proposed changes to the business license
fees and its impacts on certain industries.
Upon a motion by Councilmember Brunni, the following item
which is considered an emergency item in the sense that it arose
after the Agenda was printed and upon which action is necessary was
added to the Agenda at this time.
Adoption of Resolution No. 66-91 thanking
Mr. Bill Cooper, one of the founding members
of the Kern River Foundation, for his
tireless efforts on the Kern River Parkway
and beautificatlon of our City.
Upon a motion by Councilmember Brunni, Resolution No.
66-91, to be signed by the Mayor and City Council, was adopted.
Councilmember Brunni advised she would like to know the
status of the group picnic areas along the Kern River Parkway.
Councilmember Peterson requested that the restroom in the
hallway be unlocked during City Council meetings.
Bakersfield, California, April 24, 1991 - Page 26
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 12:52 a.m., April 25, 1991.
MAYOR of the City of 'Bak~e ~field, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
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