HomeMy WebLinkAbout05/22/1991 MINUTES CCBakersfield, California, May 22, 1991
Minutes of the Closed Session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., May 22, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers DeMond, Smith, Peterson
McDermott, Salvaggio
Councilmembers Edwards, Brunni
(seated at 5:20),
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation; Section 54957.6 regarding Labor
Negotiations with the City's Chief Negotiator
Bill Avery regarding Police, Fire and Fire
Supervisory Unit Negotiations; and Section
54957 regarding Annual Review of city Manager.
Upon a motion by Councilmember DeMond, Council recessed
to the City Manager's Conference Room for Closed Session.
ADJOURNMENT
There being no further business to come before
Council, the meeting for Closed Session was adjourned.
MAYOR of the City of Bakersfield, CA
the
ATTEST: ·
CITY CLERK and Ex officio Clerk of the
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, May 22, 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., May 22, 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.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
PRESENTATION
Mayor Medders presented a retirement plaque to Fire Chief
Dennis S. Needham for 31 years of service to the City of
Bakersfield Fire Department.
Chief Needham introduced his wife, Carmen, and expressed
his appreciation to staff, Mayor and Councilmembers.
All of the Councilmembers thanked Chief Needham for his
service to the City and wished him well in his new endeavors.
Mayor Medders presented a Proclamation to Assistant
Public Works Director Fred Kloepper proclaiming May 19-25, 1991, as
"National Public Works Week".
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 9414 to 9795,
inclusive, in the amount of $2,095,631.56,
and Self-Insurance Warrant Nos. 2066 to
2192, inclusive, in the amount of
$43,015.55.
b. REMOVED FOR SEPARATE CONSIDERATION.
c. Communications:
Communication from Wayne L.
Vaughn, Jr., True Spirit Homes,
P. O. Box 2353, May 1, 1991,
requesting annexation into
Sewer Assessment District 87-1
and Landscape Maintenance
District 9 for Tract 5084.
(RECEIVE AND REFER TO PUBLIC
WORKS DEPARTMENT)
Communication from Gregory G.
Owens, DeWalt Corporation,
2340 Niles Street, dated
April 11, 1991, requesting
establishment of Maintenance
District for Tracts 5416 and
5419. (RECEIVE AND REFER TO
PUBLIC WORKS DEPARTMENT)
Bakersfield, California, May 22, 1991 - Page 2
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Communication from Arthur
Unger, Sierra Club,
2815 La Cresta Drive, dated
May 2, 1991, regarding the
Metropolitan Bakersfield
Habitat Conservation Plan and
Environmental Impact Report.
(RECEIVE AND REFER TO PLANNING
DEPARTMENT)
Communication from Peter Parra,
Chairman, Community Advisory
Council, dated May 1, 1991,
regarding Employment Incentive
Area Community Advisory Council
Capital Improvement Projects
Committee Report. (RECEIVE AND
REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from George H.
Mitsanas, Churchill Mortgage
Corporation, dated May 9, 1991,
requesting abandonment of King
Street. (RECEIVE AND REFER TO
PUBLIC WORKS DEPARTMENT)
Communication from Dianne
Eash, Development Director,
California Living Museum,
P. O. Box 6613, dated May 13,
1991, requesting financial
support of CALM. (RECEIVE AND
REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from Terry L.
Moreland, Chairman,
International Medical and
Missionary Foundation, dated
May 13, 1991, requesting tax
exempt bond financing for the
Veteran's Hospital. (RECEIVE
AND REFER TO BUDGET AND
FINANCE COMMITTEE)
Communication from David Y.
Milazzo, President, Bakersfield
Museum of Art, 1930 "R" Street,
dated May 14, 1991, requesting
renewal of building lease for
the Cunningham Memorial Art
Gallery and surrounding grounds
at Central Park. (RECEIVE AND
REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from the City of
Bakersfield Planning Department
regarding the Metropolitan
Bakersfield Habitat Conservation
Plan (MBHCP). (RECEIVE AND
REFER TO INTERGOVERNMENTAL
RELATIONS COMMITTEE)
Bakersfield, California, May 22, 1991 - Page 3
Deed No. 3330, Grant Deed of Temporary
Easement from Castle & Cooke Silver Creek,
Inc., for a temporary turnaround located
north of Harris Road and east of Spring
Creek Loop.
Approval of Plans and Specifications for
landscape irrigation system for a portion
of the Kern River Parkway project between
Mohawk Street and Commercial Way.
Agreement No. 91-100 with the County of
Kern for participation in the Work
Release Program.
go
Agreement No. 91-101, Amendment No. 4 to
Agreement No. 88-43, Emergency Shelter
Grant (ESG) Program with the County of
Kern and Appropriate $53,000, County
Grant Revenue, to the Community
Development Capital Improvement Budget
within the CDBG Fund.
Request authorization to transfer $16,000
budgeted in the current year for
remodeling the Water-Ways building to
fencing improvements along Watts Drive
at the Bakersfield Municipal Airport.
Upon a motion by Councilmember Salvaggio, Item b. of the
Consent Calendar, Minutes of the Workshop, Closed Session and
Regular Meeting of April 24, 1991, and Closed Session and Regular
Meeting of May 8, 1991, was removed for separate consideration.
Councilmember Salvaggio requested that Councilmember
Edwards' comments regarding Convention Center and Community
Services Report No. 3-91, relating to Prohibitive Acts in Parks -
Hitting of Hardballs, be added to page 12 of the Minutes of the
Regular Meeting of April 24, 1991.
City Clerk Williams acknowledged that
change would be made to page 12 of the Minutes
Meeting of April 24, 1991.
the requested
of the Regular
Upon a motion by Councilmember Brunni, Items a, b, c, d,
e, f, g and h of the Consent Calendar were adopted by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
PUBLIC BTATEMENTS
Ms. Nancy Berrigan, 1504 White Lane, spoke as a member of
the Kern County Democratic Central Committee and advised that the
Committee supports the efforts of the Hispanic community to
establish a City ward redistricting plan that would provide
reasonable opportunity to have elected representation for all major
ethnic groups to be on the City Council. Ms. Berrigan then spoke
in opposition to the New Business item regarding the City Manager's
salary.
Bakersfield, California, May 22, 1991 - Page 4
Mr. Dan Crisp, 4400 La Farge Drive, spoke regarding the
business license tax and requested that this issue be brought
forward to Council in two weeks because he feels that there is some
important dialogue that needs to be wrapped up in regard to a
concept relating to a flat fee that is equitable to all businesses
and to ensure that 20 years from now, we are not faced with the
same situation.
Ms. Carolyn Corbett, 4220 California Avenue, representing
Jimmy's Arcade, thanked the City staff and Councilmembers for
listening to the concerns of the citizens affected by the recent
business license tax increase. She advised that they have reviewed
and accepted the City's proposal to use a gross receipts tax plan.
Ms. Carol Miranda, 913 New Stine Road, spoke regarding
redistricting and in support of boosting Hispanic representation in
the Second Ward.
Mr. Dennis Fox, 918 Blossom, spoke regarding the proposed
Habitat Conservation Plan and the communication from the Sierra
Club dated May 2, 1991, referred to in Consent Calendar Item c.3.
Dr. Ray Gonzales, 315 Stine Road, spoke regarding Council
Ward Redistricting and provided a written statement for the record.
HEARINGS
Hearing for the sale of surplus property (city
Fire Station, 1301 4th Street).
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Marvin Dean spoke and suggested that, in the future,
an effort be made to notify the nonprofit organizations in the
area, possibly through some sort of a request for proposal process,
that property is available, in order to allow those organizations
to come up with projects for those sites before being put on the
market to private developers.
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. 71-91 authorizing
the sale of surplus real property and finding
that such sale is in the best interests of the
city (Fire Station, 1301 Fourth Street), and
approval of Quitclaim Deed No. 3331 to Willie
Lee Parker, Sr., Leon E. Francis, Jr., and H.
L. Tapley.
At the request of Councilmember Edwards, Mr. G. W. Dean
of Dean Realty was recognized and responded to questions.
Bakersfield, California, May 22, 1991 - Page 5
Upon a motion by Councilmember Edwards, the City Attorney
was directed to prepare Resolution No. 71-91 confirming the sale of
surplus property at 1301 4th Street to Parker/Francis/Tapley in the
amount of $60,200.00 and the Mayor authorized to execute all
documents required for the process of sale, by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Hearing for the sale of surplus property (City
Fire Station, 790 East Brundage Lane).
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. 72-91 authorizing
the sale of surplus real property and finding
that such sale is in the best interests of the
City (Fire Station, 790 East Brundage Lane),
and approval of Quitclaim Deed No. 3332 to
Ahmed Saleh and Dan S. Abdulla.
Upon a motion by Councilmember Edwards, the City Attorney
was directed to prepare Resolution No. 72-91 confirming the sale of
surplus property at 790 East Brundage Lane to Ahmed Saleh in the
amount of $45,000.00 and the Mayor authorized to execute all
documents required for the process of sale, by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Hearing to consider a Resolution concerning
the delivery of certain Certificates of
Participation (in an amount not to exceed
$6,000,000), issue of 1991, on behalf of
United Community and Housing Development
Corporation to finance certain residential
care facilities for the elderly and approving
and authorizing the execution of certain
documents in connection therewith.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Marvin Dean, representing the Kern Minority
Contractors' Association, requested that the City, in its
negotiations with the developers, ask the developers to make a
commitment to the minority and women contractors in this community
in terms of when they build these facilities.
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.
Bakersfield, California, May 22, 1991 - Page 6
Adoption of Resolution No. 73-91 of the
Council of the city of Bakersfield concerning
the delivery of certain Certificates of
Participation (in an amount not to exceed
$6,000,000), issue of 1991, on behalf of
United Community and Housing Development
Corporation to finance a certain residential
care facility for the elderly and approving
and authorizing the execution of certain
documents in connection therewith.
Approval of Agreement Nos. 91-102, 91-103, 91-
104, and 91-105.
73-91 of
Agreement
the Mayor
roll call
Upon a motion by Councilmember McDermott, Resolution No.
the Council of the city of Bakersfield was adopted,
Nos. 91-102, 91-103, 91-104 and 91-105 were approved and
authorized to execute the Agreements, by the following
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Hearing regarding amendment to the Land Use
Element of the Metropolitan Bakersfleld 2010
General Plan and proposed enviroumental
documents concerning the following area:
SEGMENT III
Sequoia Engineering, agent for BB&R, has
applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
from GC (General Commercial) to LR (Low
Density Residential) on 40+/- acres generally
located along the northwest corner area of
Hageman Road and Verdugo Lane (extended).
This hearing has been duly advertised, posted and
property owners notified 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. 74-91 making
findings, adopting Negative Declaration and
approving Segment III of proposed Amendment to
the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan (Land Use
Amendment 1-91).
Councilmember Brunni made a motion to adopt Resolution
No. 74-91 with a change to the second paragraph on page 2, after
"Exhibit 'A'", add "and mitigation measures listed in Exhibit 'B'".
The motion was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Bakersfield, California, May 22, 1991 - Page 7
Hearing regarding an amendment to the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan and proposed environmental
documents concerning the following area:
SEGMENT IV
property
Amendment to the Land Use Element of the
Bakersfield Metropolitan Area 2010 General
Plan consisting of a change from LR (Low
Density Residential) to OS-P (Open Space-
Parks) on 1.85 acres, and OS-P (Open Space-
Parks) to LR (Low Density Residential) on 0.93
acres for that site generally located with a
portion of the northwest quarter of Section
32, Township 29 South, Range 27 East, located
southwesterly of the intersection of Brimhall
Road and Calloway Drive. (Ward 4)
This hearing has been duly advertised, posted
owners notified as required by law.
and
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. 75-91 making
findings, adopting Negative Declaration and
approving segment IV of proposed Amendment to
the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan (Land Use
Amendment 1-91).
Upon a motion by Councilmember Brunni, Resolution No.
75-91 making findings set forth in the staff report, adopting the
Negative Declaration with mitigation, and approving General Plan
Amendment 1-91, Segment IV, to the Land Use Element, with
condition, was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Hearing regarding an amendment to the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan and proposed environmental
documents concerning the following area:
SEGMENT VII
Debbie Kerwin, Coleman Company, agent for
Thomas M. Coleman, dba Truxtun Management
Corporation, has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan by amending a condition of GPA 2-
90, Segment VII. Said amendment would allow a
break in the required Bernard Street traffic
median located approximately 400 to 500 feet
east of Mt. Vernon Avenue.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Bakersfield, California, May 22, 1991 - Page 8
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. 76-91 making
findings and approving Segment VII of proposed
Amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
(Land Use Amendment 1-91).
Upon a motion by Councilmember Smith, Resolution No.
76-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Hearing regarding amendment to the Circulation
Element of the Metropolitan Bakersfield 2010
General Plan.
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. 77-91 making
findings and approving proposed Amendment to
the Circulation Element of the Metropolitan
Bakersfield 2010 General Plan (Circulation
Element 1-91).
Upon a motion by Councilmember McDermott, Resolution No.
77-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
Protest hearing as required by Resolution of
Intention No. 1078 and Resolution No. 41-91 to
construct certain improvements in proposed
Assessment District No. 90-1 (Jewetta Trunk
Sewer/Calloway Canal Relocatlon).
This hearing has been duly advertised, posted and
property owners notified 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. 78-91 adopting the
Engineer's Report; confirming the assessment;
and ordering the work.
Bakersfield, California, May 22, 1991 - Page 9
Councilmember Brunni made a motion to accept the changes
to the Engineer's Report, waiver of property owners protest, adopt
Resolution No. 78-91 adopting the Engineer's Report in final form;
confirming the assessment in final form; ordering the work; and
ordering the recordation, notice and collection of the assessment.
The motion was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
None
Peterson,
REPORTS
Report No. 10-91 from the Budget and Finance
Committee regarding Amendment to Chapter 5.02
of the Bakersfield Municipal Code relating to
Business License Tax.
An Ordinance amending Chapter 5.02
of the Bakersfield Municipal Code
relating to Business License Tax.
This Ordinance was given first reading at the meeting of
April 10, 1991.
Councilmember Peterson made a motion to refer this matter
back to Committee for a two-week period in order to re-visit a
couple of issues.
Councilmember McDermott advised he would like the record
to show that he is absent due to a potential conflict of interest.
Councilmember Smith advised she would like the record to
show that she is absent due to a potential conflict of interest.
Upon a motion by
Finance Committee Report No.
for a two-week period, with
absent.
Councilmember Peterson, Budget and
10-91 was referred back to Committee
Councilmembers McDermott and Smith
Oral Report from the City Manager presenting
to the city Council the Fiscal Year 1991-92
Operating, Capital Improvements and Central
District Development Agency Budgets.
Mayor Medders announced, at 8:00 p.m., that he was
leaving the meeting for approximately 45 minutes to represent the
City and present an item to an individual from Lion's
International, and Vice Mayor Peterson chaired the meeting at this
time.
Assistant to the City Manager Stinson presented the
1991-92 Fiscal Year proposed Budget for the City of Bakersfield.
He discussed the major budget issues and gave a brief overview of
the budgetary process. Mr. Stinson pointed out the Budget calendar
which shows the schedule for the Budget Workshop on June 4th
followed by the Budget Hearings, as well as the hearings for the
various maintenance districts, that same evening and, if necessary,
the following evening. Then it is anticipated that a report would
come back from the Budget and Finance Committee with
recommendations to the City Council for the meeting of June 19th,
at which time it would be proposed to adopt the Budget for 1991-92.
Bakersfield, California, May 22, 1991 - Page 10
Mr. Stinson advised that the proposed Budget totals
$162,000,000.00. The General Fund, which is the primary fund that
supports the City services such as public safety, and police and
fire, and streets and roads totals $72,087,500.00. That is an
increase of approximately $3,000,000.00 over the current year and
represents a 4.6 percent increase, which is slightly less than
inflation. He also advised that 29 additional positions are being
requested as part of this Budget.
Upon a motion by Councilmember McDermott, the Budget was
referred to the Budget and Finance Committee.
Upon a motion by Councilmember Edwards, the proposed new
classifications were referred to the Personnel Committee.
ACTION ON BIDS
Annual Contract for Chlorine Gas and Potassium
Hydroxide for Wastewater Treatment.
Upon a motion by Councilmember McDermott, all bids were
rejected.
Approval of Contract No. 91-106 with ON/TEC
West Construction for Construction of the
Bakersfield Homeless Center Social Services
Building.
Upon a motion by Councilmember DeMond, the low bid from
ON/TEC West Construction in the amount of $63,719.00 was accepted
and the Mayor authorized to execute the Contract, with
Councilmember Brunni absent.
Approval of Contract No. 91-107 with Works
Striping and Marking for Installation of
Reflectorized Pavement Markers at Various
Locations.
Upon a motion by Councilmember McDermott, the low bid
from Works Striping and Marking in the amount of $24,455.00 was
accepted and the Mayor authorized to execute the Contract, with
Councilmember Brunni absent.
Approval of Contract No. 91-108 with GillJam &
Sons, Inc., for Levee Repair of Wastewater
Treatment Plant No. 2 Bast Storage Reservoirs.
Gilliam &
the Mayor
Upon a motion by Councilmember Smith, the low bid from
Sons, Inc., in the amount of $86,475.00 was accepted and
authorized to execute the Contract.
Approval of Contract No. 91-109 with J. L.
Denio, Inc., for Wible Road Median Island
Earthwork from Auto Mall Drive to Panama Lane.
Upon a motion by Councilmember McDermott, the low bid
from J. L. Denio, Inc., in the amount of $15,741.00 was accepted
and the Mayor authorized to execute the Contract.
Approval of Contract No. 91-110 with Granite
Construction Company for Resurfacing of 17th
Street, Alta vista Drive, Bernard Street, E.
California Avenue, Chester Avenue, Panorama
Drive, Panama Lane, Oak Fair Way, Stine Road,
Stockdale Highway, Agate Street, Balboa Drive
and Benton Street.
Bakersfield, California, May 22, 1991 - Page 11
Upon a motion by Councilmember DeMond, the low bid from
Granite Construction Company in the amount of $907,742.00 was
accepted and the Mayor authorized to execute the Contract.
Approval of Contract No. 91-111 with Granite
Construction company for Planz Road
Overcrossing Widening at Freeway 99.
Upon a motion by Councilmember Salvaggio, the low bid
from Granite Construction Company in the amount of $824,430.00 was
accepted, $46,514.00 was appropriated from FAU fund balance to the
Public Works Capital Improvements budget within the FAU Fund, and
the Mayor authorized to execute the Contract, by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
DEFERRED BUSINESS
Adoption of Ordinance No. 3363 amending Title
17 of the Bakersfield Municipal Code and
Zoning Map Nos. 102-08, 102-17 and 102-20 by
changing the Land Use Zoning of property
within the Riverlakes Rand/Unibell Specific
Plan area to be compatible with the approved
Specific Plan located south of Norris Road,
west of Coffee Road, north and east of the
Friant-Kern Canal and the northeast corner of
Calloway and Meacham Drive.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Upon a motion by Councilmember Brunni, Ordinance No. 3363
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. 3364 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 123-23 by changing the Land
Use Zoning from an R-2-D and an R-3-D (Limited
Multiple Family Dwelling - Design Overlay)
Zone to a C-2 (Commercial) Zone on property
located at the northwest corner of S-mmerfield
Drive and Panama Lane.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Upon a motion by Councilmember McDermott, Ordinance No.
3364 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
None
Bakersfield, California, May 22, 1991 - Page 12
Adoption of Ordinance No. 3365 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 123-18 by changing the Land
Use Zoning from an R-2 (Limited Multiple
Family Dwe11ing) Zone to an R-1 (One Family
Dwelling) Zone on property located on the east
side of Buena Vista Road approximately 1/2
mile south of White Lane.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Upon a motion by Councilmember Brunni, Ordinance No. 3365
was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
None
Brunni, Peterson,
Adoption of Ordinance No. 3366 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 102-30 by changing the Land
Use Zoning from an RS (Residential Suburban)
Zone to an R-1 (One Family Dwelling) Zone on
property located on the north side of Brimhall
Road approximately 1/4 mile east of Jewetta
Avenue.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Upon a motion by Councilmember Brunni, Ordinance No. 3366
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. 3367 amending
Subsection A. of Section 2.52.020 of the
Bakersfield Municipal Code relating to the
Convention Center committee - Creation.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Upon a motion by Councilmember Salvaggio, Ordinance No.
3367 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. 3368 adding Section
17.10.075 to the Bakersfield Municipal Code
relating to "E" (Estate One Family Dwelling)
Zone.
This Ordinance was given first reading at the meeting of
May 8, 1991.
Bakersfield, California, May 22, 1991 - Page 13
Councilmember Brunni made a motion to adopt the
Ordinance. She stated that she is in support of the Ordinance and
it sets in motion a new zone in our City. She advised that when
something is zoned with an "E" Zone, it will have a residential use
with a 10,000-minimum square foot lot size, and this will clarify
it for buyers, for sellers and for everyone else involved in the
process.
Upon a motion by Councilmember Brunni, Ordinance No. 3368
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. 3369
of the City of Bakersfield
Boundaries.
of the Council
amending Ward
On May 8, 1991, the City Council reviewed and discussed
options for amending ward boundaries. The City Council gave first
reading to the Ordinance as depicted on the map.
Councilmember Brunni made a motion to adopt the
Ordinance.
Councilmember McDermott made a substitute motion to make
the following changes to the draft ordinance: Going from Ward 6 to
Ward 7 would be Precinct 214; keeping Precincts 219, 225 and 450 in
Ward 6; going from Ward 6 to Ward 5 would be Precinct 457; keeping
Precinct 407 in Ward 4 instead of going to Ward 6, and going to
Ward 6 would be Precinct 442; Precinct 520 would go to Ward 2
instead of Ward 5; Precinct 536 would go from Ward 2 to Ward 1; and
Precinct 208 would go from Ward 1 back to Ward 7.
Upon a motion by Councilmember Edwards, the meeting
recessed at 8:45 p.m. and reconvened at 9:10 p.m.
At the request of Vice Mayor Peterson, Councilmember
McDermott restated his substitute motion which was to amend the
current Council draft changing 10 precincts from the original
draft, as follows: Precinct 208 from Ward 1 to Ward 7; Precinct
214 from Ward 6 to Ward 7; Precinct 219 from Ward 7 to Ward 6;
Precinct 225 from Ward 7 to Ward 6; Precinct 407 from Ward 6 to
Ward 4; Precinct 442 from Ward 4 to Ward 6; Precinct 450 from Ward
7 to Ward 6; Precinct 457 from Ward 6 to Ward 5; Precinct 520 from
Ward 5 to Ward 2; Precinct 536 from Ward 2 to Ward 1.
Councilmember McDermott's substitute motion failed by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Peterson, McDermott
Councilmembers Edwards, DeMond, Smith, Brunni, Salvaggio
None
None
Councilmember Brunni made a motion to adopt the ordinance
with the following proposed changes: Precinct 219 from Ward 7 to
Ward 6; Precinct 225 from Ward 7 to Ward 6; Precinct 450 from Ward
7 to Ward 6; Precinct 214 from Ward 6 to Ward 7; Precinct 208 split
at Fairview Road; Precinct 407 from Ward 6 to Ward 4; and Precinct
442 from Ward 4 to Ward 6.
Councilmember Brunni made an amendment to her motion to
take Precinct 450 from Ward 6 to Ward 7.
Bakersfield, California, May 22, 1991 - Page 14
The motion by Councilmember Brunni to adopt Ordinance No.
3369 with the changes and the amendment, which shall be referred to
as Ward 4, Option Plan 8, was approved by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
Councilmembers Peterson, McDermott
None
None
Brunni, Salvaggio
Mayor Medders returned to the meeting at this time.
Councilmember DeMond stated for the record that she
wanted to indicate that this City has had a good history in keeping
up with its growth and in changing its ward boundaries. She sees
no reason why, in the future, this cannot continue in that regard.
She knows that there are annexations in a variety of places in
town, and that there are a minimum of 2 that she has initiated, and
they have been initiated. Two of them will go before the Planning
Commission for prezoning in July or August of this year. The two
of them together will combine 5500 people. So far, there has been
favorable input from the residents. Councilmember DeMond
completely supports this. If, for some reason, that they do not
come to fruition, it will not be because this City's staff does not
support it. The Hispanic proportion in the one annexation is at
least 70% and in the second one will be over 40%, and this will
allow more into the City and more into a larger Hispanic ward
without delineating and defeating the purpose of representation in
other wards. Councilmember DeMond stated that anybody out there
who wants to continue to support this, please do so. She further
stated she looks to those people in those areas to support it
because they would be more than welcome into Ward 2.
Upon a motion by Councilmember McDermott, the policy
regarding annexations was referred to the Urban Development
Committee for updating and to bring a report back to the Council,
specifically with respect to the issue of what criteria would be
used when dealing with annexations.
Councilmember Salvaggio stated for the record he wanted
to indicate that he is sure staff will respond like they have
already done the last several weeks in giving the Latino Coalition
the plan that the Council just adopted.
Continuation of proceedinqs on proposed
Assessment District No. 90-2 (Paladino Water
Main).
Councilmember Smith made a motion to recognize some
people who did not speak during the Public Statements portion of
the meeting, to allow them to speak for three minutes at this time.
The motion failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Salvaggio
Councilmembers Edwards, DeMond,
McDermott
None
None
Brunni, Peterson,
City Clerk Williams clarified that there were four
requests under Public Statements to speak regarding this item. The
individuals had requested to speak to the item during Deferred
Business and had indicated bringing in a video cassette to play for
the Council.
Upon a motion by Councilmember Smith, the individuals who
presented cards and did not speak earlier were allowed to speak at
this time.
Bakersfield, California, May 22, 1991 - Page 15
Mr. Danny Russell, 10901 Pitts Avenue, spoke in support
of the proposed Assessment District.
Mr. Ted Ahlen, 4544 Cosmo Street, spoke in support of the
proposed Assessment District.
Mr. Bart Camps, 4500 Cosmo Street, showed a video
presentation and spoke in support of the proposed Assessment
District.
Mr. Henry Gallego, 10920 Pitts Avenue, spoke in support
of the proposed Assessment District.
Councilmember McDermott left the meeting at 10:35 p.m.
and returned at 10:40 p.m.
Upon a motion by Councilmember Smith, this issue was
referred to staff to prepare a scope of work and cost estimate for
the Frank Reina proposal, which could be presented to the Council
as a modified Engineer's Report and Assessment, along with the west
half of the proposed area.
Upon a motion by Councilmember Brunni, the meeting
recessed at 10:40 p.m. and reconvened at 10:50 p.m.
NEW BUSINESS
First Reading of an Ordinance amending Title
Seventeen of the Bakersfield Municipal Code by
amending Condition No. 4 set forth in
Ordinance No. 3309 related to Zone Change
5027.
The Planning Commission conducted a hearing on March 21,
April 4, and April 18, 1991, and recommended approval of an
amendment to allow a break in the required Bernard Street traffic
median located approximately 400 to 500 feet east of Mt. Vernon
Avenue to implement Segment VII of general plan amendments. Under
the California Environmental Quality Act Guidelines, Section 15061,
the project is exempt from said act.
First Reading of an Ordinance amending
Subsection F. of Section 3.20.120 of the
Bakersfield Municipal Code relating to Surplus
Supplies and Equipment.
This Ordinance is being amended to allow the sale of
surplus supplies and equipment to non-profit organizations.
Councilmember Edwards stated he wanted to be assured that
all the nonprofits that might be interested in surplus supplies and
equipment have a way of knowing that there is surplus material
available, in order to have an opportunity to bid on it.
City Manager Hawley advised that there will be a report
prepared to the Council at the next meeting providing more detail
on this matter.
Adoption of Resolution No. 79-91 approving the
Application for Grant Funds for the Urban
Forestry Grant Program under the California
Wildlife, Coastal and Park Land Conservation
Bond Act of 1988 for the following project:
Rosedale Interchange Landscaping.
Bakersfield, California, May 22, 1991 - Page 16
Upon a motion by Councilmember Brunni, Resolution of
Application No. 79-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Councilmember Brunni asked about the status of her
referral regarding the possibility of getting some roses donated
for this area from Mrs. McFarland and was advised by Community
Services Manager Andersen that Mrs. McFarland has been contacted,
and we are still awaiting a response from her regarding what can be
donated in the way of roses for this particular plan.
Adoption of Resolution No. 80-91 requesting
the Board of Supervisors of the County of Kern
approve the taking of certain proceedings
pursuant to the Municipal Improvement Act of
1913, City of Bakersfield Assessment District
No. 91-1 (Hosking Trunk Sewer).
Upon a motion by Councilmember Salvaggio, Resolution No.
80-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution No. 81-91 adopting
Pinewood Lake Drive as an official street name
for properties currently addressed as 3500
Akers Road, n,~mhers I through 94, inclusive,
and assigning official street addresses for
each individual unit in the project located at
the southeast corner of Akers Road and Planz
Road.
Upon a motion by Councilmember McDermott, Resolution No.
81-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution No. 82-91 providing for
the adjustment of property tax revenues upon
local agency jurisdictional change resulting
from Annexation No. 348, LAFCO Proceeding No.
1069, Mr. Vernon No. 5 Annexation (Ward 1).
Upon a motion by Councilmember Edwards, Resolution No.
82-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Bakersfield, California, May 22, 1991 - Page 17
Adoption of Resolution No. 83-91 providing for
the adjustment of property tax revenues upon
local agency jurlsdiotlonal change resulting
from Annexation No. 347, LAFCO Proceeding No.
1068, Buena Vista No. 4 Annexation (Ward 6).
Upon a motion by Councilmember McDermott, Resolution No.
83-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution No. 84-91 providing for
the adjustment of property tax revenues upon
local agency jurlsdictional change resultlng
from Annexation No. 346, LAFCO Proceeding No.
1067, Wible No. 8 Annexation (Ward 6).
Upon a motion by Councilmember McDermott, Resolution No.
84-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution No. 85-91 amending
Resolution No. 23-91 setting salaries and
related benefits (city Manager).
Upon a motion by Councilmember Smith, Resolution No.
85-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott
Councilmember Salvaggio
None
Councilmember Peterson
Adoption of Resolution of Intention No. 1079
declaring intention to establish Maintenance
District No. 27 (Polo Grounds) and setting
time and place for hearing protests to the
proposed district.
This resolution sets the protest hearing for the Council
meeting of June 19, 1991.
Upon a motion by Councilmember Brunni, Resolution of
Intention No. 1079 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Bakersfield, California, May 22, 1991 - Page 18
Adoption of Resolution No. 86-91 primarily
adopting, confirming and approving the Public
Works Director's Report; appointing time and
place for hearing protests to the proposed
District; setting the houndaries thereof; the
fairness of the benefit formula; the amount of
assessment to be levied against each parcel
and the reservation of right to perform work
by City forces (Resolution of Intention No.
1079, Maintenance District No. Z7, Polo
Grounds).
Upon a motion by Councilmember Brunni, Resolution No.
86-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution of Intention No. 1080
declaring intention to add territory to
existing Maintenance District No. 7 (Stockdale
Center); confirming and approving Public Works
Director's Report; setting amended boundaries
thereof; the fairness of the benefit formula;
the amount of assessment levied against each
parcel and setting time and place for hearing
protests on the addition of territory to
Maintenance District No. 7 and related
matters.
This resolution sets the protest hearing for the Council
meeting of June 19, 1991.
Upon a motion by Councilmember Erunni, Resolution of
Intention No. 1080 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Brunni
Councilmember Brunni stated that she needs a better
explanation on the maintenance districts.
Adoption of Resolution of Application No.
87-91 proposing proceedings for annexation of
territory to the city of Bakersfield
identified as Annexation No. 353, Dennen No. 1
Annexation (Ward 6 and Ward ?).
Upon a motion by Councilmember McDermott, Resolution of
Application No. 87-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Adoption of Resolution of Application No.
88-91 proposing proceedings for annexation of
territory to the City of Bakersfield
identified as Annexation No. 354, Ashe No. 2
Annexation located south of Panama Lane, east
of Gosford Road (Ward 6).
Bakersfield, California, May 22, 1991 - Page 19
Upon a motion by Councilmember McDermott, Resolution of
Application No. 88-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni, McDermott,
Salvaggio
None
None
Councilmember Peterson
Agreement with Sutro & Co. for underwriting
services (Assessment District 90-2, Paladino).
Upon a motion by Councilmember Smith, the Agreement with
Sutro & Co. was deferred to the Council meeting of June 5, 1991.
One (1) appointment to the Citizen's
Convention Center Committee due to the
resignation of Richard Prado, term expiring
January 3, 1994.
At the request of Councilmember Salvaggio, another News
Release will be submitted for this position, and it will come back
on the Agenda at a future date. Additionally, he advised that he
was aware that he still has an appointment to make regarding the
Citizens' Parks and Recreation Committee, and there is an
individual who may be interested.
Councilmember DeMond stated for the record that she spoke
several times with Mr. Prado, Mr. Tomas Martinez and Ms. Gina Roma
regarding a replacement for Mr. Prado, and there was indication
that some people were interested in being appointed, but no
applications have yet been received.
COUNCIL STATEMENTS
Planning Director Hardisty presented the map of the Ward
Boundaries as adopted this evening.
Councilmember Salvaggio advised that he wanted the City
Manager, City Attorney and Public Works to be aware that he spoke
with Traffic Engineering regarding the young boy who was hit by a
car at the intersection of Planz and Hughes Lane recently and the
feasibility of having a crossing guard at that intersection.
Additionally, Councilmember Salvaggio stated he also asked Traffic
Engineering to take a look at possibly eliminating the on-street
parking on the southwest corner of that intersection if there is a
site distance problem there. Councilmember Salvaggio further
stated he would like to be informed as soon as possible as to what
actually happened with regard to the accident.
Councilmember Salvaggio requested that staff look at the
feasibility of putting stop signs at the corner of Langston and
Jonah Street.
Councilmember Brunni reminded the Council and the public
that on Friday, May 24th, at 9:00 a.m., the park that is near
Stockdale and Jenkins will be dedicated and called Bill Park
Greens, and she invited everyone to come.
Councilmember Brunni stated, with respect to SB 198 which
has to do with CAL-OSHA and new enforcement, she would like to know
how the City is addressing it and how it will affect us
financially.
Bakersfield, California, May 22, 1991 - Page 20
Councilmember Brunni stated that the Federal Accounting
Standards Board (FASB) is coming out with new standards effective
January 1, 1992, having to do with retiree health benefits and the
way they are accounted. Councilmember Brunni stated she would like
to know how that is going to affect the City financially.
Councilmember Edwards suggested that the Council respond
to the Governor and the Legislature with respect to the League
Bulletin of May 10th regarding the State Budget's affect on our
City Budget, specifically with respect to the continuation of SB
2557, booking fees and property tax charges; cut in special
supplemented subventions for redevelopment agencies; and shifting
city vehicle license fee revenues to help fund county trial courts.
He stated that the Council needs to express its concern and feeling
that the impacts are going to be disastrous for the cities.
Councilmember Edwards invited everyone to attend a public
meeting that the Community Development Department is having on June
4th at 6:00 p.m. on Gorrill Street in Ward 1, regarding starting a
Neighborhood Revitalization Project.
Councilmember Edwards advised he attended a meeting today
at the Volunteer Center regarding a plan that they are developing
where they match volunteers with the needs of those who need
volunteers. He further advised that the Volunteer Center would
love to have the City involved in this plan, although at this point
it is still in the talking stage; however, one of the things that
will be needed when the plan is concrete is someone at the City who
could be a contact person.
Councilmember Edwards thanked the Public Works Department
for erecting stop signs on "N" Street between 4th Street and
Brundage Lane.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 11:20 p.m.
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MAYfOR of the City of
ATTEST: '
CITY~L~RKVan~--Ex O~fici~C~k of the
Council of the City of Bakersfield, CA
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