HomeMy WebLinkAbout11/20/1991 MINUTES CCBakersfield, California, November 20, 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., November 20, 1991.
Present:
Absent:
The meeting was called to order by Vice Mayor Peterson.
Councilmembers Edwards, DeMond, Smith, Brunni
at 5:20), Peterson, McDermott
Councilmember Salvaggio
(seated
WORKSHOP
Capital Improvements Financing.
Finance Director Klimko made a presentation, assisted
by Assistant Finance Director Rojas, outlining the proposed
improvement projects which have not been funded at this time, and
discussed how they are traditionally financed or can be financed.
Transportation Fees.
Planning Director Hardisty introduced the team of staff
members who worked on the Ordinance.
Principal Planner Gautier, who coordinated the hearing
process and nurtured it through the Planning Department and
Planning Commission's review program, discussed the history of
the Ordinance.
Assistant Public Works Director Kloepper discussed some
of the details of the Ordinance and the proposed fee structure.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned to Closed Session at 5:50 p.m.
MAYOR of the City of sfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, November 20, 1991
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 5:50 p.m., November 20, 1991.
The meeting was called to order by Vice Mayor Peterson.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54957.6 regarding the
reolassification study in the negotiation
process (Reward Strategy Group, Inc.).
Closed Session pursuant to Government Code
Section $4956.9(b) (1) regarding potential
litigation (Property Acguistion).
Upon a motion by Councilmember DeMond, Council recessed
to the City Manager's Conference Room for Closed Session at
5:50 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting for
Closed Session was adjourned at 6:45 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
Bakersfield, California, November 20, 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., November 20, 1991.
The meeting was called to order by Vice Mayor Peterson
followed by the Invocation by Councilmember Salvaggio and the
Pledge of Allegiance led by Boy Scout Troop No. 139.
Vice Mayor Peterson recognized Boy Scout Troop No. 139,
who is sponsored by the First Presbyterian Church.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Vice Mayor Peterson announced that Mayor Medders is in
Sacramento attending the State-wide Mayors' Prayer Breakfast with
the Governor.
ELECTION
Adoption of Resolution No. 226-91 declaring
the results of the General Municipal Eleotlon
for the Election of Councilmembers to the
city Council in the Second, Fifth and Sixth
Wards held in the City of Bakersfield on the
$th day of November, 1991.
This Resolution accepts the Canvass of Election Returns
of the General Municipal Election as certified by the Kern County
Clerk. It declares the following persons elected to the Office
of Councilmember for full, four-year terms:
GENERAL MUNICIPAL ELECTION
Ward No. 2 - Pat DeMond 684
Ward No. 5 - Ken Peterson 1,028
Ward No. 6 - Kevin McDermott 809
Upon a motion by Councilmember Brunni, Resolution
No. 226-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
ADJOURNMENT
There being no further business to come before the 38th
Council of the City of Bakersfield, upon a motion by
Councilmember Brunni, the Council was adjourned at 7:10 p.m.
Bakersfield, California, November 20, 1991 Page 2
NEWLY ELECTED COUNCILMEMBERS SWORN IN BY CITY CLERK
City Clerk Williams administered the Oath of Office to
the following newly-elected Councilmembers:
Patricia J. DeMond
Ken Peterson
Kevin McDermott
- Councilmember Second Ward
- Councilmember Fifth Ward
- Councilmember Sixth Ward
Vice Mayor Peterson convened the 39th Council of the
City of Bakersfield.
City Clerk Williams stated it is her pleasure to call
the roll of the 39th Council of the City of Bakersfield, as
follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
REORGANIZATION OF CITY COUNCIL
Election of Vice-Mayor.
Upon a motion by Vice Mayor Peterson, Councilmember
McDermott was elected as Vice Mayor of the 39th Council of the
City of Bakersfield by the following roll call vote:
Ayes: Councilmembers Edwards, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
Councilmember DeMond
None
Noes:
Abstain:
Absent:
Outgoing Vice Mayor Peterson turned the meeting over to
newly-elected Vice Mayor McDermott at this time.
Appointments to Council Committees.
Vice Mayor McDermott made the following recommendations
to the Council Committees:
Community Services:
Chairperson
Councilmember
Councilmember
Lynn Edwards
Conni Brunni
Mark Salvaggio
Budget and Finance:
Chairperson
Councilmember
Councilmember
Kevin McDermott
Patricia J. DeMond
Ken Peterson
Intergovernmental Relations:
Chairperson
Councilmember
Councilmember
Conni Brunni
Patricia M. Smith
Kevin McDermott
Legislative and Litigation:
Chairperson
Councilmember
Councilmember
Patricia M. Smith
Patricia J. DeMond
Lynn Edwards
Bakersfield, California, November 20, 1991 - Page 3
Personnel:
Chairperson
Councilmember
Councilmember
Patricia J. DeMond
Lynn Edwards
Mark Salvaggio
Urban Development:
Chairperson
Councilmember
Councilmember
Ken Peterson
Kevin McDermott
Patricia M. Smith
Water Resources:
Chairperson
Councilmember
Councilmember
Mark Salvaggio
Conni Brunni
Ken Peterson
Ad Hoc Centennial Committee:
Chairperson
Councilmember
Councilmember
Kevin McDermott
Patricia M. Smith
Lynn Edwards
Councilmember Salvaggio stated he wanted to go on
record as saying that in the past, now and in the future, he
continues to oppose the Council's policy of keeping the public
from its committee meetings. He feels, instead of shutting the
public out, more should be done to encourage citizen
participation in the governing process.
Councilmember Salvaggio read a report dated
approximately two years ago from the City Manager regarding City
Council referrals to committees, which recommended "the City
Council consider a policy wherein issues will routinely be
referred to staff for study and return to the Council for a
decision. At this point, the entire Council would be given
staff's recommendation with backup information. The City Council
could then, at its discretion, act on the item or refer the
matter to committee if further study is required. City Council
could continue to refer complex or controversial issues directly
to committee, if necessary."
Councilmember Salvaggio stated he strongly believes
that Council has not implemented the City Manager's
recommendation and has gotten into a habit, to the contrary, of
referring almost every item to committee. He further stated he
would hope that the Council could go back and take a look at the
City Manager's recommendation two years ago and follow it a lot
more closely.
Vice Mayor McDermott asked staff to prepare a
Resolution of the Council for the next meeting granting to the
committee Chairs the opportunity to open meetings at their own
discretion to whoever they would like to invite to those
meetings.
Upon a motion by Vice Mayor McDermott, the above stated
committees were accepted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson,
Councilmembers Edwards, Salvaggio
Councilmember DeMond
None
McDermott
Vice Mayor McDermott stated that the rest of the
Council reorganization, which would be the appointment of the
Council representatives to each of the bodies on which Council
serves, will be done at the end of the Agenda (see page 17).
?79
Bakersfield, California, November 20, 1991 - Page 4
PRESENTATION
Vice Mayor McDermott, on behalf of the Mayor and the
City Council, welcomed the employees of the City of Wakayama,
which is Bakersfield's sister city in Japan, who are visiting
with the City counterparts in the Parks, Recreation and Economic
Development Divisions. He then asked Mr. Kawasaki to come
forward and introduce the members of the group. Vice Mayor
McDermott presented each individual with a Bakersfield City Mug
filled with Dewar's candy to commemorate their visit.
Mr. Kawasaki then presented the Council with a gift from
Wakayama.
At the request of Vice Mayor McDermott, Mr.
President of the Bakersfield Sister City Corporation,
brief statement regarding the sister city program.
Dave Urner,
made a
Calendar:
CONSENT CALENDAR
The following items were listed on the Consent
Approval of Voucher Nos. 3591 to 4100,
inclusive, in the amount of $1,724,152.06
and Self Insurance Voucher Nos. 734 to 861,
inclusive, in the amount of $74,920.95.
Minutes of the Special Meeting of
October 24, 1991, and Workshop, Closed
Session and Regular Meeting of November 6,
1991, for approval.
Communication from:
Thomas C. Fallgatter and James
Rowland, 5665 California Avenue,
Suite 16, dated October 30, 1991,
requesting annexation of property
located at the northwest corner
of Stine Road and McKee Road
containing 146 +/- acres.
(RECEIVE AND REFER TO PLANNING
DEPARTMENT) (REMOVED FOR SEPARATE
CONSIDERATION - SEE PAGE 7)
Bob Orndorff, Minister, East
Hills Christian Church,
2500 Fairfax Road, dated
October 30, 1991, encouraging
Council action to help combat
the influx of obscenity into
our community. (RECEIVE AND
PLACE ON FILE)
John W. Stinson, Assistant to
the city Manager, regarding
Beautification and Clean-up
Program. (RECEIVE AND REFER TO
BUDGET AND FINANCE COMMITTEE)
271
Bakersfield, California, November 20, 1991 - Page 5
David Parker, New Stadium Project
Manager, Bakersfield Dodgers,
P.O. Box 10031, dated November 13,
1991, requesting financial
assistance to provide a new
baseball stadium or possibly a
multi-purpose facility. (RECEIVE
AND REFER TO INTERGOVERNMENTAL
RELATIONS COMMITTEE)
Peter H. Parra, Citizens'
Advisory Council Chairman, dated
November 14, 1991, regarding
90-day extension of incentive
area office. (RECEIVE AND REFER
TO BUDGET AND FINANCE COMMITTEE)
Dedication of Properties:
Street Right-of-Way Deed No. 3424
from Arnold E. Kirschenman and
Jessie Kerkorian for a portion
of Vista Montana Drive west of
Valley Street.
Deed No. 3425, Grant of Easement
from Arnold E. Kirschenman and
Jessie Kerkorian for drainage
facilities located north of State
Route 178 and west of Valley
Street.
Deed No. 3426, Full Reconveyance for Home
Improvement Loan for Lesley D. Armer.
Final Map and Improvement Agreement
Nos. 91-241 and 91-242 with Truxtun
Management Corporation for Tract 5389,
Phase I, consisting of 46 lots on 10.25
acres located at the southeast corner of
Berkshire Road and Akers Road.
Notices of Completion and Acceptance of
Work for the following:
Contract No. 91-123 with John
Black Electric for traffic signal
on Denise Avenue at Manor Street,
completed November 4, 1991.
Contract No. 91-82 with Griffith
Company for traffic signal on "N"
Street at Truxtun Avenue,
completed November 5, 1991.
Contract No. 91-108 with Gilliam
& Sons, Inc., for levee repair
of Wastewater Treatment Plant
No. 2 east storage reservoirs,
completed November 8, 1991.
Contract No. 91-156 with Griffith
Company for construction of curb
and gutter on Verde, Kern, First,
Second, Third and Eye Streets and
Holtby Road, completed October 18,
1991.
? 72
Bakersfield, California, November 20, 1991 - Page 6
he
Amendment No. 2 to the Final Application
Community Development Block Grant
(CDBG) Program (FY 1991-92). (REMOVED
FOR SEPARATE CONSIDERATION - SEE NEW
BUSINESS - PAGE 15)
Lease negotiations with S & S Flight
Center at Bakersfield Municipal Airport.
(RECEIVE AND REFER TO LEGISLATIVE AND
LITIGATION COMMITTEE)
Agreement No. 91-243, Amendment to
Agreement No. 87-279 with Thomas Reid
Associates regarding additional work
required to finalize the implementing
agreement for the Metropolitan Bakersfield
Habitat Conservation Plan.
Agreement No. 91-244, Amendment to
Agreement No. 88-170 (Memorandum of
Understanding) with Kern County regarding
the joint effort by the City and County
to develop a Habitat Conservation Plan
for the metropolitan area.
Resolution No. 277-91 approving Agreement
No. 91-245, Supplemental Agreement with
the State of California, Department of
Transportation, for the additional project
cost in the construction of the "H" Street
Underpass Grade Separation Project.
(Amendment to City Contract No. 86-110)
Councilmember Brunni advised that due to a real or
perceived conflict of interest, she would be absent during the
discussion and action on Item c.l., communication from Thomas C.
Fallgatter and James Rowland, 5665 California Avenue, Suite 16,
dated October 30, 1991, requesting annexation of property located
at the northwest corner of Stine Road and McKee Road containing
146+/- acres. Therefore, Item c.1. was removed to be acted on
separately immediately following the Consent Calendar (see page
7).
Councilmember DeMond made a motion to adopt Items a.
through 1., with the exception of c.1.
At the request of Councilmember Peterson, Item h.,
Amendment No. 2 to the Final Application Community Development
Block Grant (CDBG) Program (FY 1991-92), was removed from the
Consent Calendar to be acted on separately under New Business
(see page 15).
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, i, j, k, and 1, with the removal of Items c.1. and
h., of the Consent Calendar were adopted by the following roll
call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, November 20, 1991 - Page 7
colo
Communication from Thomas C. Fallgatter
and James Rowland, 5665 California
Avenue, Suite 16, dated October 30,
1991, requesting annexation of property
located at the northwest corner of Stine
Road containing 146+/- acres. (RECEIVE
AND REFER TO PLANNING DEPARTMENT)
Upon a motion by Councilmember DeMond, the
communication from Thomas C. Fallgatter and James Rowland dated
October 30, 1991, was received and referred to the Planning
Department by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
PUBLIC STATEMENTS
Ms. Metee Georgia Brown, 807 So. Brown Street,
addressed the issues and concerns of the Lakeview and Cottonwood
Road community regarding the murders, and the lack of progress
and upkeep to the area. She asked for a commitment from the
Council to get involved.
Mr. David Steiber, 279 Garden Drive, spoke regarding a
letter he received from City Attorney Lunardini threatening to
take legal action against him for harassment if he continues to
distribute a circular suggesting the members of the Rexland acres
community call the Councilmembers immediately when aircraft from
the City's new airport woke them up. Additionally, Mr. Steiber
submitted some photographs and a copy of a speech was originally
going to make concerning the misuse of the City airport property.
Mr. Wesley Crawford, Executive Director of Bakersfield
Anti-Drug, Anti-Violence Network, 814 East California Avenue,
spoke regarding prevention and intervention of young, Black males
and gang members. He submitted a proposal requesting that young
men be allowed to turn in their weapons at the fire stations.
Mr. Bruce Keith, 6104 Preston Court, representing the
Downtown Business Association, spoke regarding unreinforced
masonry buildings and discussed what they are trying to do to
come into compliance with the URM ordinances that were passed
over a year ago.
Mr. Catherine Palla, 6615 Kane Way, URM Chairperson for
the Downtown Business and Property Owners Association, spoke
regarding unreinforced masonry buildings, and stated they have
some very important and legitimate concerns concerning the
testing requirements of City Ordinance Nos. 3302 and 3303.
Mr. Todd Jones, 6101 Alderpointe Street, spoke
regarding the park being planned for the Silver Creek area and
expressed his concerns regarding alcohol in the park, as well as
placing the park next to an elementary school. He submitted a
letter which he had written to the Planning Commission regarding
this issue.
Mr. Dennis Holland, 6016 Alderpointe Street, spoke in
opposition to the proposed Central Park in Silver Creek.
,?4
Bakersfield, California, November 20, 1991 - Page 8
Mr. George Thomson, 3013 Dwight Street, representing
the Food Bank, spoke regarding Community Development Block Grant
funds for the Food Bank, and stated it would be important to the
underprivileged of the community. He advised that the six
warehouses they have throughout the City will be combined into
one, and the Food Bank will be responsible neighbors and will be
working with the folks who live in that area to make sure there
are no problems.
HEARINGS
Public hearing regarding amendment to the
Riverlakes Ranch/Unibe11 Specific Plan
concerning the following area:
SDecific Plan Amendment 1-91:
Milazzo and Associates, representing Unibell
International Co., Ltd., has applied to amend
the Riverlakes Ranch/Unibe11 Specific Plan
consisting of changing Riverlakes Ranch Drive
to Main Plaza Drive and Creekside Drive to
Riverlakes Drive generally located between
Norris Road, Rosedale Highway, Coffee Road
and Calloway Drive.
This hearing has been duly advertised and posted as
required by law.
Vice Mayor McDermott declared the hearing open for
public participation. No protest or objections being received
and no one wishing to speak in favor, Vice Mayor McDermott closed
the public portion of the hearing for Council deliberation and
action.
Adoption of Resolution No. 228-91 making
findings and approving Specific Plan
Amendment 1-91.
Upon a motion by Councilmember Brunni, Resolution
No. 228-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Hearing regarding an Ordinance amending Title
15 of the Bakersfield Municipal Code to
include a Transportation Impact Fee on all
new developments within the Metropolitan
Bakersfield 2010 General Plan area.
This hearing has been duly advertised and posted as
required by law.
Vice Mayor McDermott declared the hearing open for
public participation.
275
Bakersfield, California, November 20, 1991 - Page 9
The following individuals spoke in opposition to the
proposed Transportation Impact Fee:
Mr. Chester Moland, Operations Manager with
the Golden Empire Transit District, 1830
Golden State Avenue, expressed his concern
that public transit is not included in the
fee;
Ms. Judy Salamacha, representing Castle &
Cooke Development Corporation, expressed her
concern regarding the impact the fee will
have on new, commercial and industrial
development, and suggested this issue be sent
to committee for further study;
Mr. Don Lindsay, representing the Kern County
Building Association, expressed that all of
the Association's concerns have not been
resolved with regard to: (1) the scope of
the capital improvement project list used as
a basis for the fee calculation, (2) placing
an ever-increasing funding burden on new home
buyers and new businesses in the community,
(3) unreasonable escalation of the impact
fee, (4) the target date of March 1, 1992,
for implementation of the impact fee, and (5)
the whole array of impact fees that are being
considered and their impact on new homes and
development;
Mr. Roy Weygand, Executive Director of Kern
County Taxpayers Association, requested
Council consider two additional points: a
fixed fee for at least two years, and a
sunset clause in the Ordinance which would
require going back at the end of the second
year and completely study the fee in a more
objective manner; and
Ms. Beverly Davis, Vice President of the
Bakersfield Association of Realtors,
expressed the concern that this fee will
impact affordable housing.
The following individual spoke in support of the
proposed Transportation Impact Fee:
Mr. Lloyd Norton, Kern County Public Works
Department.
The following individuals spoke in rebuttal in
opposition to the proposed Transportation Impact Fee:
Ms. Beverly Davis, Vice President of the
Bakersfield Association of Realtors; and
Mr. Bob Swanson, 15830 Manon, asked Council
to consider exempting first-time buyers to
make it more affordable.
No further protest or objections being received and no
one else wishing to speak in favor, Vice Mayor McDermott closed
the public portion of the hearing for Council deliberation and
action.
Bakersfield, California, November 20, 1991 - Page 10
First Reading of an Ordinance amending Title
15 of the Bakersfield Municipal Code by
adding Chapter 15.84 implementing a
Transportation Impact Fee on all new
development.
Vice Mayor McDermott made a motion to amend the
Ordinance, adopt the amendments as first reading and to refer it
to the Urban Development Committee prior to final adoption by the
Council. The amendments are as follows:
Include the construction of the south beltway
in the road improvement list.
Decrease the percentage, that new development
would pay with regard to the right-of-way
acquisition for the cross-town freeway
extension, from 45 percent to 33 percent.
Increase the percentage that new development
would pay with regard to the entire project
list (which includes bridges over the Kern
River, bridge widenings over major highways,
canal culverts, relocating canals, railroad
grade separations, as well as freeway right-
of way acquisition) from 45 percent to 50
percent.
Instead of asking new development to pay for
construction of new freeways, since they
benefit the entire community, consideration
should be given to alternative funding and
the possibility of adopting a half-cent sales
tax that will allow the City to receive
matching funds that are already being
collected by the State as a result of
Proposition 111.
Under "CMP Roadway Improvements", the
percentage that new development is required
to pay should be changed to 10 percent of the
cost of the freeways instead of 45 percent.
With regard to the "Transit Improvements", it
is not fair to ask new development to pay for
bus replacement. However, with regard to
expansion of the system, a 10 percent
allocation is recommended.
In Section 15.84.020.C., add the words: "and
in no instance in the period prior to January
1, 1994, will the fee be raised upwardly by
more than 5 percent per annum over the local
Consumer Price Index."
With regard to the implementation date of the
Ordinance, instead of adopting it 60 days
after passage by the Council, that it be
adopted 60 days after the adoption of a
similar ordinance by the County.
With regard to the widening of Highways 99
and 58, the funding for those widenings
should be put back into the project, which
would add approximately $15 to the
residential fee as a result of this proposal.
Bakersfield, California, November 20, 1991 - Page 11
Councilmember Brunni suggested that consideration be
given by the Urban Development Committee to addressing the
improvements of the bridges at Allen Road and Kern River, and
Calloway Drive at Kern River sooner than 6 years.
Councilmember Brunni suggested that the widening
projects on Stine Road at Arvin-Edison and South "H" at Arvin-
Edison, as well as the Canal Bridge at Calloway and Cross Valley,
be pushed forward if at all possible.
Councilmember Brunni noted that the Mohawk at Cross
Valley Bridge is scheduled to take place prior to the Calloway at
Cross Valley Bridge, and she felt realistically it was needed
sooner than the Mohawk Bridge.
Councilmember Brunni stated she has a problem with the
Coffee Road Grade Separation not being funded for at least 6
years.
Councilmember Peterson stated he had asked staff at the
last Council meeting to prepare a report on the developmental
fees, City versus County, and he would hope that report is
available for the Urban Development Committee meeting of
November 26th.
Councilmember Salvaggio requested, between the first
reading and when this comes back to the Council, a report listing
the current development costs to build a home in our community,
as compared to the County, and a report comparing the differences
in other areas of the State.
After much discussion, upon a motion by Vice Mayor
McDermott, the Ordinance, with amendments, was referred to the
Urban Development Committee and considered as first reading.
Vice Mayor McDermott called for a 10-minute recess and
reconvened the meeting at 9:20 p.m.
ACTION ON BIDS
Approval of Annual Contract No. 91-246 with
Valley Tree and Construction for building
demolition.
Upon a motion by Councilmember Edwards, the low bid
from Valley Tree and Construction in the amount of $118,255.00
was accepted, and the Mayor was authorized to execute the
Contract.
Approval of Annual Contract No. 91-247 with
Safety Electric for vehicle loop cutting.
Upon a motion by Councilmember Salvaggio, the low bid
from Safety Electric in the amount of $93,115.00 was accepted,
and the Mayor was authorized to execute the Contract.
Bakersfield Senior Center - 5th Street
Addition Modular Building.
Councilmember Edwards requested the record show that he
is absent during the vote on this item.
Upon a motion by Councilmember Peterson, the bid
received from Bussard Construction was rejected with
Councilmember Edwards absent.
Bakersfield, California, November 20, 1991 - Page 12
Bakersfleld Senior Center - $th Street
Addition Site Improvements.
Councilmember Edwards requested the record show that he
is absent during the vote on this item.
Upon a motion by Councilmember DeMond, all bids
received were rejected with Councilmember Edwards absent.
Approval of Contract NO. 91-248 with Griffith
Company for resurfacing portions of
University Avenue, South Chester Avenue,
California Avenue, New Stine Road, Ming
Avenue and White Lane.
Upon a motion by Councilmember Peterson, the low bid
from Griffith Company in the amount of $1,203,000.00 was
accepted, appropriation of $278,200.00 grant revenue to the
Public Works Capital Improvement Budget in the FAU Fund was
approved, and the Mayor was authorized to execute the Contract by
the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Resolution finding that the removal of
regulated waste at the Bakersfield Municipal
Airport is an urgent necessity for the
preservation of health and property.
(DELETED)
Vice Mayor McDermott announced this item has been
deleted due to a 30-day extension from the State.
DEFERRED BUSINESS
Adoption of Ordinance No. 3414 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 102-18 by changing the
land use zoning of those certain properties
in the city of Bakersfield consisting of
58+/- acres generally located along the
northwest corner of Hageman Road and Verdugo
Lane from A-20A (Agriculture, 20-Acre Minimum
Lot Size) to R-1 (One Family Dwelling), from
R-S (Residential Suburban, Minimum Lot Area
Not Less Than 24,000 Square Feet) to R-l,
from R-S to R-I-CH (Church Overlay) and from
A-20A to R-i-CH (Ward 4).
This Ordinance was given first reading at the meeting
of November 6, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3414 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, November 20, 1991 - Page 13
Adoption of Ordinance No. 3415 amending
Sections 17.64.110, 17.64.120, 17.64.130 and
17.64.140, and repealing Chapter 17.68 of the
Bakersfield Municipal Code relating to zone
changes.
This Ordinance was given first reading at the meeting
of November 6, 1991.
Upon a motion by Councilmember Smith, Ordinance
No. 3415 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. 3416 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 123-35 by prezonlng
property located along the west side of Wible
Road between McKee Road and State Highway 119
known as Wible No. 11 Annexation (Ward 6).
This Ordinance was given first reading at the meeting
of November 6, 1991.
Vice Mayor McDermott made a motion to adopt the
Ordinance.
Upon a motion by Councilmember Brunni, this item was
reconsidered.
Councilmember Brunni stated for the record that due to
a real or perceived conflict of interest she will be absent
during the discussion and action on this item, as well as the
next item.
Upon a motion by Vice Mayor McDermott, Ordinance
No. 3416 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Adoption of Ordinance No. 3417 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 123-35 by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield consisting of
20+/- acres generally located along the south
side of McKee Road approximately one-half
mile west of Wible Road from R-l, 10,000 (One
Family Dwelling, Minimum Lot Area Not Less
Than 10,000 Square Feet Per Dwelling Unit)
Zone to R-1 (One Family Dwelling, Minimum Lot
Area Not Less Than 6,000 Square Feet Per
Dwelling Unit) Zone. (Ward 6)
This Ordinance was given first reading at the meeting
of November 6, 1991.
Bakersfield, California, November 20, 1991 - Page 14
Upon a motion by Vice Mayor McDermott, Ordinance
No. 3417 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
NEW BUSINESS
Adoption of Resolution No. 229-91 adopting
the Jewetta Planned Sewer Area and making
findings relative thereto. (Ward 4)
Upon a motion by Councilmember Brunni, Resolution
No. 229-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
First Reading of an Ordinance amending
Subsection E. of Section 16.32.060 of the
Bakersfield Municipal Code relative to fees
for construction of planned sanitary sewer
facilities pursuant to adopted plans, or
connection to sanitary sewer facilities, and
adding reference to plans adopted for Jewetta
Planned Sewer Area. (Ward 4)
This Ordinance amends Subsection E of Section 16.32.060
of the Bakersfield Municipal Code to add the Jewetta Planned
Sewer Area.
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. 102-19 by prezoning
property located at the northwest corner of
Rosedale Highway and Calloway Drive known as
Calloway No. 4 Annexation (Ward 4).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones 23 +/- acres of the Calloway No.
Annexation as C-2 Zone.
4
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. 124-30 by prezoning
property located along south of Panama Lane
to the Arvin-Edison Canal between Lowry
Street and Nadeau Street known as Panama No.
10 Annexation (Ward 7).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones 20 +/- acres of the Panama No. 10
Annexation as R-i, C-1 and C-2 Zones.
Bakersfield, California, November 20, 1991 - Page 15
First Reading of an Ordinance amending
Subsectlon E. of Section 2.04.120, Section
2.04.130; adding Subsection C. to Section
2.04.080; and repealing Subsection F. of
Section 2.04.120 and Section 2.04.160 of the
Bakersfield Munlcipal Code relating to
Minutes of the Council Meetings.
On September 11, 1991, the City Manager, City Clerk and
City Attorney presented a Workshop on Agenda and Minutes
Preparation. The Council directed staff to prepare an Ordinance
regarding City Council Minutes in action format and directed the
Clerk to preserve the audio tapes permanently. This Ordinance
accomplishes said directive.
First Reading of an Ordinance amending
Subsection D. of Section 2.04.150 of the
Bakersfield Municipal Code relating to
Ordinances.
On September 11, 1991, the Council directed staff to
prepare an Ordinance regarding Ordinance Agenda Format. This
Ordinance accomplishes said directive.
First Reading of an Ordinance amending
Subsections D. and I. of Section 2.04.070 of
the Bakersfleld Municlpal Code relating to
Bids and Bidding.
On September 11, 1991, the Council directed staff to
prepare an Ordinance amending the Agenda Order of Business as it
relates to Bids and Bidding. This Ordinance accomplishes said
directive.
Adoption of Resolution No. 230-91 fixing the
dates of meetings, budget workshops and
budget hearings of the Council for the months
of January through December 1992.
Upon a motion by Councilmember Brunni, Resolution
No. 230-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
The following item, which was Consent Calendar Item h.
and removed for separate consideration, was considered at this
time:
Approval of Agreement No. 91-249, Amendment
No. 2 to the Final Application community
Development Block Grant Program (CDBG) (FY
1991-92).
Councilmember Peterson asked the following question for
the record: Is the Kern County Food Bank aware that they will
need to have a Conditional Use Permit if they plan to hand out
food on an individual basis from this new facility?
Mr. George Thomson, representing the Kern County Food
Bank replied that they do not plan to dispense food from this
facility; it simply would be a warehouse, but if that should
change, the Food Bank would ask for a Conditional Use Permit.
Bakersfield, California, November 20, 1991 - Page 16
Upon a motion by Councilmember Peterson, Agreement
No. 91-249 was approved, and the Mayor was authorized to execute
the Agreement by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Approval of Agreement No. 91-250 between the
City of Bakersfield, Kern County Food Bank,
Inc., and County of Kern for acquisition,
design and renovation of a food bank
facility.
Upon a motion by Councilmember Peterson, Agreement
No. 91-250 was approved, 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
Approval of Purchase Agreement No. 91-251
with, and Deed No. 3427 from, Melvin G. Davis
for the lot on the northwest corner of 15th
and Eye Streets for parking.
Agreement
Mayor was
roll call
Upon a motion by Councilmember DeMond, Purchase
No. 91-251 and Deed No. 3427 were approved, and the
authorized to execute the Agreement by the following
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Three (3) appointments to the Citizens' Parks
and Recreation Committee due to the
expiration of terms of Joyce Tanner (Ward 2),
Leonard J. Schroeder (Ward 5), and
resignation of Don Anderson (Ward 6), terms
expiring November, 1991.
Upon a motion by Councilmember Peterson, Mr. Leonard J.
Schroeder was reappointed to the Citizens' Parks and Recreation
Committee, term to expire November, 1995 (Ward 5).
Upon a motion by Councilmember DeMond, Joyce Tanner was
reappointed to the citizens' Parks and Recreation Committee, term
to expire November, 1995 (Ward 2).
Vice Mayor McDermott advised he is not ready at this
time to make the Ward 6 appointment to the Citizens' Parks and
Recreation Committee.
Bakersfield, California, November 20, 1991 - Page 17
TWO (Z) appointments to the Board of Zoning
Adjustment due to the expiration of terms of
Lawrence M. Lunardini and Louise T. C1oss
(Alternate), terms expiring December 1, 1991.
Upon a motion by Councilmember Peterson, Lawrence M.
Lunardini was reappointed as the member to the Board of Zoning
Adjustment, with Robert Sherfy and Louise T. Closs as alternates,
terms to expire December 1, 1994.
REORGANIZATION OF CITY COUNCIL (CONTINUED)
Vice Mayor McDermott announced that this Item was
deferred from the Council Reorganization (see page 3), and a list
has been provided of those committees that are appointments
traditionally made by the Council at reorganization time.
Therefore, the following are those appointments.
Water Board
Upon a motion by Councilmember McDermott, the members
of the Water Resources Committee were appointed to the Water
Board (Councilmembers Salvaggio, Brunni and Peterson).
Community Advisory Council
Upon a motion by Councilmember McDermott,
Councilmembers DeMond and Edwards were reappointed to the
Community Advisory Council.
Kern Council of Governments
Councilmember Brunni nominated Vice Mayor McDermott as
representative for the Kern Council of Governments.
Councilmember Edwards nominated incumbent,
Councilmember Salvaggio, as representative for the Kern Council
of Governments.
Vice Mayor McDermott called for a ballot vote.
City Clerk Williams announced Councilmember Salvaggio
received the highest number of votes.
Upon a motion by Councilmember Peterson, Vice Mayor
McDermott was appointed as alternate to the Kern Council of
Governments.
Kern Economic Development Corporation
Upon a motion by Councilmember Salvaggio, Councilmember
Peterson was appointed to the Kern Economic Development
Corporation.
Solid Waste Management Committee
Upon a motion by Vice Mayor McDermott, Councilmember
DeMond was reappointed to the Solid Waste Management Committee.
Consolidated Transportation Services Association
Upon a motion by Vice Mayor McDermott, Councilmember
Edwards was reappointed to the Consolidated Transportation
Services Association.
2,q4
Bakersfield, California, November 20, 1991 - Page 18
Planning Commission
Upon a motion by Vice Mayor McDermott, Councilmember
smith was reappointed Planning Commission Liaison.
COUNCIL STATEMENTS
Upon a motion by Councilmember Brunni, a letter dated
November 13, 1991, from Sports Service regarding an increase in
their bar prices was referred to the Community Services
Committee.
Councilmember Brunni referred to the City Attorney the
issue of hanging advertising material on residents' door knobs on
a regular basis.
Councilmember Brunni stated she is still looking for
the information which she referred to staff in early October
regarding the question that was raised at an Association of
Realtors' meeting in September and the assertion that was made
about the per unit cost of utility rates within the Bakersfield
area being much higher than in other areas of the State.
Councilmember Brunni directed staff to meet with
Messrs. Todd Jones and Dennis Holland, who were here this evening
from the Silver Creek area, to discuss their concerns regarding
the park and go over any letters that were submitted by either of
the gentlemen or other people in that area. She requested that,
in addition to the Parks Department staff, John Stinson attend
that meeting.
Councilmember Brunni stated that she and Councilmember
Peterson will be at the Council Chambers at noon, November 21st,
for recognition of National Adoption Awareness Month.
Councilmember Brunni further stated she will be there to address
the group, along with some adoptive parents, and she hoped anyone
who can will come.
Councilmember Edwards advised he was very displeased
and disappointed by the Vice Mayor's reorganization of the
Council committees.
Vice Mayor McDermott responded that traditionally the
Vice Mayor is given the prerogative to appoint the committees
that he thinks can help the City continue to function, and in his
opinion, the best makeup was the one he suggested.
Councilmember Salvaggio referred to a memorandum dated
October 9th from Planning Director Hardisty regarding Annexation
Status Report, and asked if the Council was going to be getting
an updated one in the near future. He expressed his concern,
regarding the Panama 10 annexation, that the report shows nothing
under population, and it is an inhabited area.
Union No.
be split.
Councilmember Salvaggio requested feedback regarding
3 or Union No. 9, as to whether or not it is going to
Councilmember Salvaggio requested clarification
regarding the Action on Bids item relating to contamination at
the Airport with respect to the packet of information and the 30-
day extension from the State.
Bakersfield, California, November 20, 1991 - Page 19
Assistant to the City Manager Stinson responded that it
had been anticipated that this item would have to be conducted as
an emergency item. However, subsequent to that occurring, the
City was able to get a 30-day extension; therefore, the normal
bidding process could take place, and that is why the item was
pulled off the Agenda. He also indicated the item will be coming
back at the next Council meeting with the actual bid and the
information.
Councilmember Salvaggio thanked Councilmember Peterson
for his service as Vice Mayor for the last two years. He stated
he was very impressed with Councilmember Peterson's fairness and
leadership ability, and the way he worked with the Council.
Councilmember Salvaggio referred to a letter from City
Attorney Lunardini to Mr. Dave Steiber and stated he wanted the
record to show that he is not in agreement with the sentiments
expressed in the letter regarding legal action and the part about
Mr. Steiber's "right under the Constitution to express his views,
however misguided they may be".
Upon a motion by Councilmember DeMond, the issue of the
selection and renewal of benefits (Health care plan provider,
Prepaid dental care plan provider, PERS two percent at 55, Sec.
125 Pre-Tax contributions) for City employees was referred to the
Personnel Committee.
Upon a motion by Councilmember DeMond, the issue of the
B.I.D. tax was referred to the Budget and Finance Committee.
City Attorney Lunardini responded to Councilmember
Salvaggio's statement regarding his letter to Mr. Steiber, and
stated he did not think it appropriate to encourage people to
harass elected officials, and that was the purpose of the letter.
He further stated it was a private letter and that
Mr. Steiber chose to make it public; it was never his intention
to do so.
Upon a motion by Councilmember Smith, a letter dated
November 18, 1991, from Clarence Medders regarding Council
Elections on Even Numbered Years was referred to the Legislative
and Litigation Committee.
Upon a motion by Councilmember Peterson, a letter dated
November 11, 1991, from the Olcese Water District regarding a
treatment plant located in northeast Bakersfield was referred to
the Water Board.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 10:00 p.m.
MA the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw