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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