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HomeMy WebLinkAbout10/02/1991 MINUTES CCBakersfield, California, October 2, 1991 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., October 2, 1991. Present: Absent: The meeting was called to order by Mayor Medders. Councilmembers Edwards (seated at 5:25), DeMond, Smith, Brunni (seated at 5:20), Peterson, McDermott, Salvaggio (seated at 5:20) None WORKSHOP Burn Foundation. Fire Chief Johnson stated that the Kern County Burn Council is a joint venture between the Bakersfield Fire Department and Kern County Fire Department for the purpose of raising funds for burn survivors throughout the Kern County area. He announced there will be a fund raiser from October 20 through 24, 1991, recommended the use of the aerial truck that is stationed at Sorrano and Akers for the fund raiser, and introduced Steve Dietz, a Board Member of the Burn Council. Mr. Steve Dietz discussed the scope of the program itself, the purpose of the fund raiser, how the funds will be used and outlined the projects that the Burn Council will have throughout the year. Police Chief Patterson provided information regarding a drug bust that had recently taken place in the Rosedale area. He advised there would be a press conference regarding this matter tomorrow. ~DJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned to Closed Session at 6:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw ,'_92 Bakersfield, California, October 2, 1991 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., October 2, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None Upon a motion by Councilmember DeMond, the following item, which arose after the Agenda was prepared and upon which action is necessary, was added to Closed Session: Closed Session pursuant to Government Code Section 54957.6 regarding labor negotiations: Blue and White Color Unit. (Maureen Cotnet) CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(b) (1) regarding potential litigation. Closed Session pursuant to Government Code Section 54957.6 regarding labor negotiations: Blue and White Color Unit. (Maureen Cotnet) Upon a motion by Councilmember DeMond, Council recessed to the city Manager's Conference Room for Closed Session at 6:00 p.m. Upon a motion by Councilmember DeMond, the meeting for Closed Session was recessed to the Council Chambers for the Regular Meeting at 7:00 p.m. Upon a motion by Councilmember Peterson, Council recessed to the City Manager's Conference Room for Closed Session at 9:55 p.m. Council, p.m. ADJOURNMENT There being no further business to come before the the meeting for Closed Session was adjourned at 10:50 ~/~v% [~C' ~' Baker s f i~ MAYOI~ of the City of ATTEST: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, October 2, 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., October 2, 1991. The meeting was called to order by Mayor Medders at 7:10 p.m., followed by the Invocation by Paul Dennis, Member of the First Assembly of God Church, and the Pledge of Allegiance, led by a member of Cub Scout Pack 598. Councilmember McDermott thanked the members of Cub Scout Pack 598, which is headquartered at Sandrini School with students from Sandrini, Seibert, Loudon and seven other schools. He stated it has been one of the quality units in Bakersfield for the last four years, and there is a good representation from Den 7 and Den 5. city Clerk Williams called the roll as follows: Present: Absent: Councilmembers None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio PRESENTATION Mayor Medders presented a Fire Prevention Proclamation to Fire Chief Johnson proclaiming October 6 through 12, 1991, Fire Prevention Week in Bakersfield and urged our citizens to heed the message that fire won't wait and plan your escape in the event of a fire. Fire Chief Johnson commented on the importance of being proactive and prepared to evacuate in case of a fire. We should all know two means of escaping our residences. Mr. Ron Brummett, Interim Executive Director, Kern Council of Governments, presented an award to Mayor Medders for the City of Bakersfield for placing first in its category of 500 employees or more in the Rideshare Employer Challenge, with 42 percent of its employees pledging to rideshare during Rideshare Week, September 23-27, 1991. He commended the City, along with Barbara Lewy and her group of coordinators, for their creative and enthusiastic work which contributed to this award, and thanked the City of Bakersfield for helping make Rideshare Week 1991 a huge success. Mayor Medders presented City of Bakersfield Rideshare T-shirts to the Councilmembers. Councilmember DeMond congratulated all staff for participating in Rideshare Week. Mayor Medders presented a Proclamation to Airport Operations Manager Olislagers proclaiming the week of October 6, 1991, Aviation and Aerospace Week in Bakersfield and urged our citizens to recognize the important contribution of the aviation and aerospace industry to our community and Kern County. Bakersfield, California, October 2, 1991 - Page 2 Calendar: CONSENT CALENDAR The following items were listed on the Consent Approval of Voucher Nos. 1407 to 2384, inclusive, in the amount of $5,637,311.42 and Self Insurance Voucher Nos. 267 to 337, inclusive, in the amount of $67,700.04. Minutes of the Special Meeting of August 20, 1991; and Workshop and Regular Meeting of September 11, 1991, for approval. Communication from: Gary Mullhofer, District Superintendent, Rosedale Union School District, 2553 Old Farm Road, dated September 18, 1991, submitting the annual report for school facilities fees. (RECEIVE AND REFER TO BUILDING DEPARTMENT) George R. Dickey, Alta Engineering Hughes Surveying, 218 South "H" Street, Suite 203, dated September 10, 1991, requesting abandonment of easement for Tract No. 4542. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Curt H. stiles, California State University, Bakersfield, 9001 Stockdale Highway, dated September 23, 1991, submitting a proposal outlining a study to evaluate and project sales tax revenues for a five-year period (1992-97) for the City of Bakersfield. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Donald M. Anderson, 1501 Truxtun Avenue, dated September 23, 1991, submitting his resignation to the Citizens Parks and Recreation Advisory Committee. (RECEIVE AND PLACE ON FILE) Paul Dow, City of Bakersfield Water and Sanitation Manager, to L. Dale Mills, Kern County Public Works Director, dated September 25, 1991, regarding Kern County's investigation of gate fees at the Sanitary Landfills· (RECEIVE AND REFER TO INTERGOVERNMENTAL RELATIONB COMMITTEE) Bakersfield, California, October 2, 1991 - Page 3 de Dedication of Properties: Deed No. 3383, Temporary Drainage Easement from Riverlakes Ranch for an easement located south of Hag·man Road adjacent to and east of Riverlakes Drive. Street Right-of-Way Deed No. 3384 from Carriage Homes for additional right-of-way along the north side of Panama Lane between Monitor Street and Union Avenue. Deed No. 3385, Storm Drain Easement from Lloyd N. Wattenbarger for a storm drain located south of Olive Drive and east of Fruitvale Avenue. Street Right-of-Way Deed No. 3386, from Castle & Cooke Development Corporation for street right-of- way within Parcel Map 9542 located at the northeast corner of Ming Avenue and Haggin Oaks Boulevard. Deed No. 3387, Grant of Public Utilities Easement from Castle & Cooke Development Corporation for utilities within Parcel Map 9542 located at the northeast corner of Ming Avenue and Haggin Oaks Boulevard. Grant of Landscaping Easement from Castle & Cooke Development Corporation for landscaping within Parcel Map 9542 located at the northeast corner of Ming Avenue and Haggin Oaks Boulevard (DELETED). Deed No. 3388, Full Reconveyance for Community Development Loan for C. T. Salas. Notices of Completion and acceptance of work for: Contract No. 90-296 with Piper DeVries dba Omega Construction, for new office building for the Water Resources Facility at 1000 Buena Vista Road, completed September 10, 1991. Contract No. 91-121 with On/Tec West for concrete block pumphouses for Ashe Water Well Nos. 4 and 26, completed September 3, 1991. Contract No. 89-207, Paragraph 4(A) - Phase II, and Paragraph 4(C), with Riverlakes Ranch for Hageman Road and Coffee Road street improvements, completed September 18, 1991. Bakersfield, California, October 2, 1991 - Page 4 go Approval of Negative Declaration for the construction of Coffee Road bridges at Cross Valley Canal and Kern River; and Coffee Road widening between Truxtun Avenue and Brimhall Road. Approval of Plans and Specifications for the following: Construction of Coffee Road bridges at Cross Valley Canal and Kern River and Coffee Road widening between Truxtun Avenue and Brimhall Road. Levee repair of Wastewater Treatment Plant No. 2 west storage reservoirs. Contract Change Order No. 1, Contract No. 91-165 with Kenko, Inc., for the construction of the Jewetta Trunk Sewer, Assessment District No. 90-1. Sewer Extension Reimbursement Agreement No. 91-211 with Sill Properties, Inc. Drainage Improvements Reimbursement Agreement No. 91-212 with Carriage Homes, Inc. Appropriate $1,421,896 bond sale proceeds to the Public Works Capital Improvement Budget within Special Assessment District 90-1 Fund (Jewetta Trunkline). Appropriate $7,325 contributions and $3,417 other revenue to the Community Development Capital Improvements Budget within the Community Development Block Grant (CDBG) fund. City made to delete the Minutes of Clerk Williams announced that a request has been Item d.6., and there is an amendment to Item b., September 11, 1991, that has been distributed. Councilmember McDermott made a recommendation to amend Item c.3. regarding a tax revenue proposal submitted by Curt Stiles from Cal State Bakersfield to change the motion to Receive and Refer to the Budget and Finance Committee. Upon a motion by Councilmember McDermott, Items a, b, c, d, e, f, g, h, i, j, k, 1, and m, with the amendment to Item c.3., of the Consent Calendar were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, October 2, 1991 - Page 5 PUBLIC STATEMENTS Mr. Donald R. Lindsay, 501 Cart Street, representing the Bakersfield Symphony, urged Council's support of Citizens Parks and Recreation Committee Report No. 8-91 regarding the use of the Convention Center by the Bakersfield Symphony for rehearsals on Saturdays prior to its Sunday concerts. Ms. Barbara Don Carlos, representing the Building Industry Association of Kern County, spoke regarding the Congestion Management Program, which is on the Agenda under New Business. She urged Council to scrutinize the document in their packet and provide input. She stated the BIA is hopeful the Council may consider some of the same kinds of requests that it is asking as far as leniency and a maximum flexibility, the confusing language which is in the document which should be clarified and perhaps more flexible criteria for GET as far as allowing them a 5-year leeway period in order to meet the standards that are outlined in the Transit section of the Congestion Management Program. Mr. Ilo J. Scatena, 1727 Glenwood Drive, representing the 15th District Convention Corporation of the American Legion, spoke regarding the Convention Center Hotel and expressed his concerns regarding its completion and availability for the California American Legion Convention scheduled for Bakersfield in 1994. Councilmember DeMond expressed her hopes that Economic Development Director Wager will be able to meet with Mr. Scatena regarding the Convention Center Hotel situation as to whether or not it will be in any better position in 1994. Ms. Liz Keogh, 1311 Water Street, spoke on behalf of the residents who oppose the Haley No. 1 Annexation, which is on the Agenda under New Business. Ms. Martha Walters, 3301 Dwight Street, expressed her concerns regarding what she feels is unreasonable and unlawful restriction of public participation at public meetings. HEARINGS Hearing as required by Resolution of Intention No. 1085 declaring the Cit¥'s intention to amend the boundaries of Underground Utility District No. Z, Division 18 (East White Lane at Madison Street). (Ward 1) 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, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, October 2, 1991 - Page 6 Adoption of Resolution No. 194-91 amending the boundaries of an existing Underground Utility District No. 2, Division 18 (east White Lane, from Z$0' east of centerline Madison Street to 930' west of centerline Madison Street). Upon a motion by Councilmember Edwards, Resolution No. 194-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Protest hearing for the Wilson NO. 4 Annexation. (Ward 1) 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, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 195-91 making findings that no written protest has been filed and ordering the territory designated as Proceeding NO. 1071, Annexation No. 349, Wilson No. 4, annexed to the City of Bakersfield (Ward 1). Upon a motion by Councilmember Edwards, Resolution No. 195-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Protest hearing for the Wible No. 9 Annexation and inclusion into the Greater Bakersfield Separation of Grade District (Ward 7). 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, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, October 2, 1991 - Page 7 Adoption of Resolution No. 196-91 making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1073, Annexation No. 350, Wible No. 9, annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District (Ward 7). Upon a motion by Councilmember Salvaggio, Resolution No. 196-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Protest hearing for the Wible No. 10 Annexation and inclusion into the Greater Bakersfield Separation of Grade District (Ward 7). 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 objection being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 197-91 making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1074, Annexation No. 351, Wible No. 10, annexed to the city of Bakersfield and included in the Greater Bakersfield Separation of Grade District (Ward 7). Upon a motion by Councilmember Salvagglo, Resolution No. 197-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, October 2, 1991 - Page 8 Hearing to determine whether the public interest and necessity require taking by eminent domain property located on the northwest corner of lSth and Eye Streets parking purposes. for This hearing has been posted and property owners notified as required by law. Councilmember DeMond made a motion to continue the hearing to October 23, 1991. Mayor Medders declared the hearing open for public participation and restated Councilmember DeMond's motion to continue the hearing to October 23, 1991. Upon a motion by Councilmember DeMond, the hearing was continued to October 23, 1991, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Public hearing to consider the report by the Building Director specifying work done, cost of work and description of property upon which a hazardous health nuisance has been abated, and hearing protests or objections thereto. (1920 Clark, Ward 7) This hearing must be opened, comments received and continued to October 23, 1991, to allow for proper legal notification. 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 recognized Councilmember Salvaggio who made a motion to continue the hearing to October 23, 1991. Upon a motion by Councilmember Salvaggio, the hearing was continued to October 23, 1991, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 2,!! Bakersfield, California, October 2, 1991 - Page 9 REPORTS Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 14-91 regarding Funding for Demolition of Dangerous Buildings and Weed Abatement Programs, as follows: The City Council referred the matter of funding for demolition of dangerous buildings and weed abatement to the Budget and Finance Committee for review. Staff indicated to the Committee that the City Council has placed increased emphasis on the abatement of unsafe conditions of property. It was explained that an attorney has been hired to provide additional legal support for the City's enforcement efforts. There is a need to provide additional financial resources to carry out the abatement of these hazards due to the increased number of requests and increased enforcement efforts by the Fire Department, Building Department and City Attorney. The Committee expressed its support of these efforts and proposed that some additional funding be provided. However, due to budget constraints there are limited funds available for this work. Therefore, the Committee recommends that the Council transfer $7,500 from Council Contingency to the Fire Department Operating Budget in the General Fund for weed abatement, and $25,000 from Council Contingency to the Building Department Operating Budget in the General fund for building demolition. The Committee further encourages City staff to continue their efforts to encourage compliance by property owners once they have been cited, prior to having funds expended by the City to abate these hazards. The Committee also feels that all costs incurred by the City in the abatement of these conditions which are legally recoverable should be included in the assessment levied on the property. Councilmember McDermott made a motion to accept the Report and implement the recommendations. Mayor Medders advised that there were three steps with respect to the Report, the first being the motion to accept the Report. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 14-91 was accepted. Councilmember Edwards stated he supports the transfer of funds for the two causes, weed abatement and demolition of buildings; however, he feels $7,500 is totally insufficient. Bakersfield, California, October 2, 1991 - Page 10 After much discussion, upon a motion by Councilmember McDermott, $7,500 was transferred from Council Contingency to the Fire Department Operating Budget in the General Fund by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Upon a motion by Councilmember McDermott, $25,000 was transferred from Council Contingency to the Building Department Operating Budget in the General Fund by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Councilmember Edwards, Chairperson of the Personnel Committee, read Report No. 6-91 regarding the Designation of Cities, Agencies and Organizations to be used in conducting Comparison Surveys of Employees' Compensation, as follows: At its meeting of September 4, 1991, the Personnel Committee reviewed the recommendations of Reward Strategy Group, the consultants conducting the comprehensive classifications study, regarding the selection of designated survey cities. The principal consultants presented their recommendations to the Committee, and the Committee reviewed the comments expressed by the Bargaining Units on those initial recommendations. When these recommendations were presented to Council at the September 11 Council meeting, Council directed staff to meet and confer with the Bargaining Units on this issue. Staff met and conferred with the Bargaining Units on September 19. Their concerns were reported to the Personnel Committee and taken under advisement. Some revisions are proposed to be incorporated into the recommended list of survey cities. This listing now reflects the same municipalities to be used for comparison purposes for all employee groups, with further allowances for validation of salary data for Blue and White Collar and General Supervisory employees in the local labor market. Separate consideration is given for employees at the Convention Center, because of the unique nature of the facility and the associated job functions. It is recommended that those cities, agencies and organizations designated on the attached Resolution be adopted as Compensation Survey Cities. Upon a motion by Councilmember Edwards, Personnel Committee Report No. 6-91 was accepted. Bakersfield, California, October 2, 1991 - Page 11 Adoption of Resolution No. 198-91 designating cities, agencies and organizations to be used in conducting comparison surveys of employees, compensation. Upon a motion by Councilmember Edwards, Mr. Charles G. Waide, Assistant General Manager of the Kern County Public Employees Association, Service Employees' International Union, AFL-CIO-CLC, Local 700, was recognized and requested two changes to the list of agencies in the survey groups; specifically, by substituting State of California for clerical, in place of Cal Trans, to the local government sector and adding Pacific Gas and Electric Company to the private sector. At the request of Councilmember McDermott, Mr. Jerry Mulkey, representing Reward Strategy Group, responded to questions and advised he is reasonably comfortable with the change in the survey group as long as Reward is able to factor in the cost of compensation differentials to the data base. Upon a motion by Councilmember Edwards, Resolution No. 198-91 was adopted, with the changes to add PG&E and substitute number 16, Cal-Trans, with the State of California, by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Councilmember Salvaggio read Convention Center and Community Services Committee Report No. 7-91 regarding Sound from Vehicles Adjacent to City Parks, as follows: On April 23, 1991, the Vice-Mayor referred the issue of sound from vehicles adjacent to parks to the Convention Center and Community Services Committee. Municipal Code Section 12.56.050 sub-paragraph "L" regulates sound emanating from radios and other sound equipment to city parks. After several meetings, the Committee determined to amend the subject paragraph by deleting only the language which prohibited sound emanating from vehicles parked on street right-of-ways within or adjacent to city parks. This language was deleted for two reasons: (1) The California Vehicle Code already prohibits the operation of vehicle sound equipment in most of the same circumstances, and (2) The recent city amplified sound ordinance (passed in 1989) regulates all other similar conduct. By deleting this language, the Committee is eliminating unnecessary language from the Ordinance while retaining with the Director of Parks the necessary authority to prohibit excessive noise levels in city parks. ,e!4 Bakersfield, California, October 2, 1991 - Page 12 During discussion, Councilperson Edwards voiced his concern that another part of the same ordinance which limited the audible sound to any person of normal hearing sensitivity to fifty feet, is restrictive and may be impractical. Based on the above information, the Committee hereby recommends amending Municipal Ordinance 12.56.050 sub-paragraph "L" as shown in the attached proposed ordinance. Further, the Committee recommends the Council give the proposed ordinance its first reading this evening. First Reading of an Ordinance amending Subsection L of Section 12.56.050 of the Bakersfield Municipal Code relating to prohibited acts in parks. Upon a motion by Councilmember Salvaggio, Center and Community Services Committee Report No. accepted and the Ordinance was given First Reading. Convention 7-91 was Councilmember Edwards requested Council give serious consideration to sub-paragraph "L" of the Ordinance with regard to the language "at such volume as permits the noise therefrom to be audible to any person of normal hearing sensitivity fifty feet from said radio, tape player". He stated he felt it was very restrictive in a public park to say if someone's radio can be heard within 50 feet that they are in violation. Councilmember Brunni, Chairperson of the Convention Center and Community Services Committee, read Report No. 8-91 regarding Convention Center Usage by Bakersfield Symphony, as follows: At the August 28, 1991, City Council meeting the issue of Convention Center usage by Bakersfield Symphony was referred to the Convention Center and Community Services Committee. On September 10, 1991, the Committee met with staff to discuss this issue. Currently the Bakersfield Symphony performs six concerts each year on Sunday afternoon at 4:00 p.m. In addition, they rehearse four times prior to each performance - three times at the Harvey Auditorium or other locations, and once at the Convention Center just prior to Sunday's show. Because of acoustical differences encountered during transition from other facilities to the Convention Center, the Symphony is requesting they be given priority on Saturday for rehearsals. Currently rehearsal revenues from the Symphony, including stagehand and equipment, would be approximately $510. A full rental, including concession, novelties, etc., could bring in as much as $15,000 to $20,000 per day. Bakersfield, California, October 2, 1991 - Page 13 In an effort to address Symphony needs, the City of Bakersfield will continue providing a 10% discount on all performances along with a $29,900 annual contribution. In addition we recommend a 45-day cut-off period be established. This time frame would allow the symphony ample time to adjust its rehearsal schedule as well as provide the Convention Center with much-needed flexibility. Based on the above information and further deliberation, this Committee recommends the following: 1) The Bakersfield Symphony be given a tentative hold on all requested open dates. 2) If the tentative dates are not rented for other events within 45 days of the scheduled concert, a contract shall be issued to the Symphony securing that date. 3) Whenever possible, joint usage between the Bakersfield Symphony and other events should continue to be considered. 4) Mr. John Farrer, Director of the Bakersfield Symphony, be advised of the above recommendations. Councilmember Brunni made a motion to accept the Report and to implement the recommendations. After some discussion, upon a motion by Councilmember Brunni, Convention Center and Community Services Committee Report No. 8-91 was accepted. Upon a motion by Councilmember Brunni, the recommendations of Convention Center and Community Services Committee Report No. 8-91 were implemented. ACTION ON BIDS Approvement of Contract No. 91-213 with Griffith Company for median modifications for Truxtun Avenue between "A" Street and "H" Street. Upon a motion by Councilmember DeMond, the low bid from Griffith Company in the amount of $155,880.00 was accepted, $15,000 fund balance to the Public Works Capital Improvement Budget within the Gas Tax Fund was appropriated, and the Mayor was 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 216 Bakersfield, California, October 2, 1991 - Page 14 Approval of Contract No. 91-214 with Loop Electric for traffic signal on "A" Street at Truxtun Avenue. Upon a motion by Councilmember DeMond, the low bid from Loop Electric in the amount of $71,400.00 was accepted, and the Mayor was authorized to execute the Contract. Approval of Contract No. 91-215 with Loop Electric for traffic signal on Stockdale Highway at Village Lane. from Loop the Mayor Upon a motion by Councilmember Peterson, the low bid Electric in the amount of $88,601.00 was accepted, and was authorized to execute the Contract. Approval of Contract No. 91-216 with Climate Control Systems, Inc., for Bakersfield Senior Center - heating, ventilating and air conditioning (replacement). Councilmember Edwards stated for the record that he would be absent on the vote for this item. Upon a motion by Councilmember DeMond, the low bid from Climate Control Systems, Inc., in the amount of $87,623.00 was accepted, and the Mayor was authorized to execute the Contract. TWO refuse trucks (1 additional, 1 replacement). Upon a motion by Councilmember Peterson, the low bid from Golden State Peterbilt in the amount of $219,390.60 was accepted. Truck mounted aerial manlift device for Parks Division (replacement). Upon a motion by Councilmember Salvaggio, the low bid from Altec Industries, Inc., in the amount of $77,269.93 was accepted. Three police black and white sedans (replacement). Upon a motion by Councilmember McDermott, the low bid from Downtown Ford in the amount of $49,568.16 was accepted. Approval of Annual Contract No. 91-217 with Abate-A-Weed, No. 91-218 with Van Waters & Rogers, Inc., and No. 91-219 with Target Specialty Products for chemicals- insecticides/herbicides. Councilmember Peterson made a motion to accept the low bids from Abate-A-Weed ($47,809.63; 618 items), Van Waters & Rogers, Inc. ($39,251.14; 851 items), and Target Specialty Products ($2,575.13; 35 items) and authorize the Mayor to execute the Contracts. Councilmember Edwards pointed out that the figures in the Recommendation did not coincide with the figures in the Background portion of the Administrative Report, and staff was requested to clarify the amounts. Bakersfield, California, October 2, 1991 - Page 15 Assistant Finance Director Rojas advised that the correct figures are the ones in the Background portion of the Administrative Report. Upon a motion by Councilmember Peterson, the low bids from Abate-A-Weed, for 645 items in the amount of $50,172.09, Van Waters & Rogers, Inc., for 834 items in the amount of $37,107.00, and Target Specialty Products for 25 items in the amount of $2,365.99 were accepted, and the Mayor was authorized to execute the Contracts. Approval of Contract No. 91-ZZ0 with Granite Construction for Bakersfield Municipal Airport taxiway, roadway and tie-down apron improvements. Upon a motion by Councilmember DeMond, the low bid from Granite Construction in the amount of $849,618 and Alternate 1 in the amount of $42,600, was accepted, all other bids, including Alternates 2 and 3, were rejected, and the Mayor was authorized to execute the Contract by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 3402 repealing Section 17.08.260 and adding Chapter 5.51 to the Bakersfield Municipal Code relating to Temporary Promotional Activities. This Ordinance was given first reading at the meeting of September 11, 1991, with Urban Development Committee Report No. 6-91. Upon a motion by Councilmember Peterson, Ordinance No. 3402 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3403 amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code and City Zoning Map No. 102-30, by prezonlng property east of Jewetta Avenue, 300 feet north of Brimhall Road known as Brimhall No. I Annexation (Ward 4). This Ordinance was given first reading at the meeting of September 11, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3403 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Bakersfield, California, October 2, 1991 - Page 16 Adoption of Ordinance No. 3404 amending Subsection A of Section 17.64.070 and repealing Subsection C of Section 17.64.070 of the Bakersfield Municipal Code relating to modifications. This Ordinance was given first reading at the meeting of September 11, 1991. Upon a motion by Councilmember Salvaggio, Ordinance No. 3404 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None Councilmember Peterson Brunni, Adoption of Zoning Resolution No. 397 upholding the Planning Commission approval of Proposed Haley No. 1 Annexation, Zoning Upon Annexation No. 5175 located north of Freeway 178, east of River Boulevard, west of Haley Street south of Col,,mhus (Ward following 1991. This Resolution sets forth the decision of the Council the public hearing on the matter held on September 11, Councilmember DeMond requested the Planning Department staff contact Ms. Liz Keogh, 1311 Water Street, regarding her comments made during Public Statements involving this annexation and the petitions to which she referred. Upon a motion by Councilmember DeMond, Zoning Resolution No. 397 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None Councilmember Peterson Brunni, NEW BUSINESS First Reading of an Ordinance amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code and city Zoning Map No. 103-21 by prezoning property located north of Freeway 178 to Col~mhus Street between River Boulevard and Haley Street known as Hale No. I Annexation (Ward 2). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 166 +/- acres of the Haley No. 1 Annexation as R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling) and C-1 (Limited Commercial) Zones. 219 Bakersfield, California, October 2, 1991 - Page 17 First Reading of an Ordinance amending Subsections A, B, and C of Section 17.52.080 of Title 17 of the Bakersfield Munlcipal Code relating to the PUD (Planned Unit Development) Zone. This Ordinance would require a noticed public hearing to determine what zoning should apply to an incomplete Planned Unit Development and it would require completion of the PUD within five years. First Reading of an Ordinance amending Section 17.51.040 and adding Subsection F to Section 17.51.050 of the Bakersfield Municipal Code relating to the SC (Senior citizen) Zone. This change makes it clear that the right to stay in Kern City as a houseguest cannot exceed 60 days in any calendar year. Previously the right to stay was for up to 60 consecutive days. Councilmember Brunni requested staff provide a background memo to help her understand what prompted this issue. Adoption of Resolution No. 199-91 amending Resolution of Application No. 186-91 proposing proceedings for annexation of territory to the city of Bakersfield identified as Meatham No. I Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 199-91 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. 200-91 amending Resolution of Application No. 174-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Brlmha11 No. 2 Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 200-91 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, October 2, 1991 - Page 18 Adoption of Resolution of Application No. 201-91 proposing prooeedings for annexation of territory to the city of Bakersfield identified as Annexation No. 358, Noriega No. 1 Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution of Application No. 201-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution of Application No. 202-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 359, Stine No. Annexation (Ward 5). 0 Upon a motion by Councilmember Peterson, Resolution of Application No. 202-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 203-91 authorizing agreement for design engineering services for Assessment District No. 91-1 (Hosking Trunk Sewer). (Wards 6 & 7) Approval of Independent Contractor's Agreement No. 91-221 with DeWalt Corporation for design engineering services. Upon a motion by Councilmember McDermott, Resolution No. 203-91 was adopted, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, October 2, 1991 - Page 19 Adoption of Resolution No. 204-91 specifying that, unless excluded by Council, all portions of the proposed Dennen No. 1 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Ward 7). This Resolution initiates proceedings to include Dennen No. 1 within the Greater Bakersfield Separation of Grade District and sets Wednesday, November 6, 1991, as the date for protest hearing on the matter. Upon a motion by Councilmember Salvaggio, Resolution No. 204-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 205-91 specifying that, unless excluded by Council, all portions of the proposed Ashe No. 2 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District (Wards 4 & 6). This Resolution initiates proceedings to include Ashe No. 2 within the Greater Bakersfield Separation of Grade District and sets Wednesday, November 6, 1991, as the date for protest hearing on the matter. Upon a motion by Councilmember McDermott, Resolution No. 205-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 206-91 restricting parking on certain public streets for the purpose of street sweeping. Upon a motion by Councilmember Smith, Resolution No. 206-91 was adopted, with a status report to come back to Council within six months, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, October 2, 1991 - Page 20 Adoption of Resolution No. 207-91 recommending appointment of a task force to study and make recommendations on development impacts on school districts to the City Council. Upon a motion by Councilmember Brunni, Resolution No. 207-91 was adopted, with the understanding that there is one representative from the school districts, by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Referral of Resolutlon approving the 1991 Kern Congestion Management Program. Upon a motion by Councilmember Smith, Mr. Ron Brummett, Interim Executive Director of Kern Council of Governments, was recognized and provided an overview of the Kern Congestion Management Program. Councilmember McDermott made a motion to refer the Kern Congestion Management Plan to the Urban Development Committee. At the request of Councilmember Edwards, Mr. Brummett was recognized again and responded to comments made and questions posed by several Councilmembers. Upon a motion by Councilmember Edwards, Ms. Barbara Don Carlos and Mr. Chester Moland were recognized to speak at this time. Ms. Barbara Don Carlos, representing the Building Industry Association, stated that the BIA has some of the same concerns raised by the Councilmembers and could not support the Kern Congestion Management Plan document in its current form. Mr. Chester Moland, representing the Golden Empire Transit District, spoke regarding the transit standards of the Kern Congestion Management Plan. He advised that the District will be preparing a detailed response regarding the impact of the transit portion of the Program and will give that report wide distribution in order that City staff and the Councilmembers can be aware of GET's position. After much discussion, Councilmember Salvaggio called for the question. Upon a motion by Councilmember McDermott, the Kern Congestion Management Plan was referred to the Urban Development Committee. Bakersfield, California, October 2, 1991 - Page 21 Designation of voting delegate for League of California Cities Annual Conference. Upon a motion by Councilmember McDermott, Councilmember Edwards was appointed the voting delegate for the League of California Cities Annual Conference. City Manager Hawley requested direction from Council regarding their desire with respect to the 50 resolutions that will be considered at the League meeting. Councilmember DeMond suggested that the information be gathered and given to all the Councilmembers, and then any specific input from the Councilmembers could be given directly to Councilmember Edwards. Confirm appointments made by Board of Supervisors to the Fair Housing Advisory Committee. Upon a motion by Councilmember Salvaggio, the following appointments made by the Board of Supervisors to the Fair Housing Advisory Committee were confirmed: Members - John Willingham (Bakersfield Board of Realtors), Gonzalo E. Ramirez (Kern Mexican-American Political Association), Barbara Don Carlos (Building Industry Association of Kern County), Eddie L. Carter (NAACP), Paul C. Atkins (Kern County Apartment Association), and Nancy Burciaga (League of Women Voters); Alternates - Dorothy Parrish (Bakersfield Board of Realtors), Juan Rivera (Kern Mexican-American Political Association), Jeffrey K. Williams (Building Industry Association of Kern County), William G. Youngblood (NAACP), Cheryl A. Brudvig (Kern County Apartment Association), and Beverly Tomlin (League of Women Voters). COUNCIL STATEMENTS Upon a motion by Councilmember Salvaggio, the issue of revision of the Adult Entertainment Ordinance was referred to the Legislative and Litigation Committee. Upon a motion by Councilmember Salvaggio, a request by the Kern County Water Agency Board for a meeting was referred to the Water Resources Committee° Councilmember Salvaggio stated he would like Public Works Director Schulz to find out whether the City was responsible for removing the graffiti on Fremont Street. Councilmember Salvaggio asked if the City Attorney had personally met with Mr. Gillespie and his group regarding the ordinance that would amend the Senior citizens' Zone. City Attorney Lunardini advised that he had met with that group. 224 Bakersfield, California, October 2, 1991 - Page 22 Councilmember Brunni read the following prepared statement: There was a story in Monday's newspaper about Castle & Cooke's proposal to build a large neighborhood park in Silver Creek instead of three small ones. Whether there will be one or three parks is now being heard by the Planning Commission. We have also received a letter today from Castle & Cooke asking for City Council review of the financial and programatic issues which might result from their donation of facilities in the park which we would not usually put in a neighborhood park because of our limited resources and space. We should begin our evaluation of this as soon as possible so we will be better prepared to deal with it when the Planning Commission's recommendation is forwarded to the Council. I move that this be referred to the Convention Center and Community Services Committee. Upon a motion by Councilmember Brunni, the issue regarding Castle & Cooke's proposal to build a park or parks in the Silver Creek area was referred to the Convention Center and Community Services Committee. Upon a motion by Councilmember Brunni, a letter dated September 20, 1991, from the Resource Management Agency, trying to solicit the City's support of the EPA Clean Fuel Program was referred to the Legislative and Litigation Committee. Councilmember Brunni stated she wished to applaud Karen Shaffstall from the Police Department for being elected President of the California Crime Prevention Officers' Association. Councilmember Brunni referred to staff a letter dated September 23, 1991, from Alan Shorr regarding the new system of the automated refuse containers. She asked that staff respond directly to Mr. Shorr to see if the City can help him understand the program, and perhaps take care of whatever needs he might have, and then report back to her. Councilmember Brunni referred to staff a letter dated September 24, 1991, to the Kern County Public Works Department regarding gate fees, or land use fees, for the collection of the County's garbage situation, specifically with respect to the fact that "because Kern County does not require mandatory refuse service in the unincorporated area, many of those residents dump their refuse illegally into commercial bins in both the City and the County, and avoid paying their share of landfill costs". Councilmember Brunni referred to staff a letter dated September 20, 1991, from the Governor's Office of Planning and Research regarding the interagency Council on Growth Management. She asked that Council get copies of the appropriate drafts of research and issue papers (but not the testimony that was taken at the public hearings) that will be released and made available for public review and comment. Bakersfield, California, October 2, 1991 - Page 23 C~OSED SESSION Closed Session pursuant to Government Code Section 5496.9(b)(1) regarding potential litlgation. Upon a motion by Councilmember Peterson, Council recessed to the City Manager's Conference Room for Closed Session at 9:55 p.m. Mayor Medders and Councilmember DeMond were absent during Closed Session. The Regular Meeting was reconvened at 10:53 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Brunni, the meeting was adjourned at 10:54 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw