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