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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 7 o 8 o 9 o 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. ~b~4 ~ B ak rsfi~ MAYfOR of the City of ATTEST: ' CITY~L~RKVan~--Ex O~fici~C~k of the Council of the City of Bakersfield, CA ndw