HomeMy WebLinkAbout01/09/1991 MINUTES CCBakersfield, California, January 9, 1991
Minutes of the Special Joint Meeting of the Council
of the City of Bakersfield and the Central District
Development Agency of the City of Bakersfield, California,
held in the Council Chambers of City Hall, 1501 Truxtun
Avenue, at 5:15 p.m., January 9, 1991.
The meeting was called to order by Mayor Medders.
was ill
Session
Mayor Medders announced that Councilmember Edwards
and will not be attending either the Workshop, Closed
or Regular Meeting of the City Council this evening.
City Clerk Williams called the roll of the City
Council as follows:
Present:
Absent:
Councilmembers DeMond, Brunni, Peterson (seated at
5:25), McDermott, Salvaggio
Councilmembers Edwards, Smith
City Clerk Williams called the roll of the Central
District Development Agency as follows:
Present:
Absent:
Agency Members Rubin, Ruddell, Araujo, Dunn
at 5:20), Paynter
Agency Member Sceales
(seated
CITY COUNCIL/CDDA JOINT WORKSHOP
Economic Development Director Wager gave an oral
presentation regarding the status of the Central District
Development Agency, as follows:
In 1986, the City Council delegated the
responsibility for the implementation of
the Redevelopment Plan to the Central
District Development Agency. The
creation of the CDDA was, given the time,
the most effective way to facilitate the
revitalization of the Downtown. With
this formation, the Agency inherited two
major projects: the need to resolve a
major lawsuit, as well as assuming the
financial obligations previously incurred.
Responding to that challenge, the Agency
first addressed the lawsuit which, after
considerable discussion, was settled. As
is well-known, the two projects the
Agency was entrusted with has met with
some difficulties. Lastly, the Agency
has continued to struggle to meet its
financial obligations while still trying
to implement the revitalization of the
Downtown.
In regards to the two projects the Agency
was involved in, the Agency has
experienced mixed results. The Hotel
Project came to a halt largely because of
the impending failure of what, at the
time, was considered to be one of the
most vigorous savings and loan
institutions. The Agency has fared
remarkably well since the shutdown by
prevailing in a number of legal actions.
Bakersfield, California, January 9, 1991 - Page 2
The conclusion of those actions has
resulted in the Agency having clear title
to land and improvements whose value
approximate $6,000,000. This has not
come about without cost. Originally, the
Agency invested approximately $2,000,000
in land acquisition. Of late, the Agency
agreed to utilize an additional $2,000,000
to resolve nearly $5,000,000 in claims
filed against the Project. Adding to the
Agency's frustration, nearly $400,000 in
legal costs have been incurred by the
Agency in asserting its position as a
wronged party and resolving the issues of
claims filed by numerous parties.
Fiscal Year 1990-91 holds out a prospect
for improvement on two counts: the first
being a substantial reduction in legal
cost as a result of the Hotel settlement;
perhaps, more importantly, the selection
of a development entity to bring about
the completion of the Hotel. Recently,
the Developer has completed some in-house
studies, and negotiations should begin in
earnest this month. In fact, as of this
morning, an appointment was set for the
Developer for next week. Staff remains
cautiously optimistic that an accord will
be reached between the Developer and the
Agency. If an accord is reached,
construction could resume by Summer, 1991.
In regards to the second project, the
Agency experienced mixed success here.
The City Center Project was indeed
completed on time and per the Owner
Participation Agreement. Unfortunately,
the Developer experienced some financial
difficulties, and the Lender took back
the building. The Lender, U.S. Bancorp,
is in the process of resolving the final
outstanding issues with both the City and
the Agency.
Assuming the responsibility to carry out
these projects to completion has also
meant inheriting the fiscal constraints,
as well. For some time now, there has
been a general awareness that the Agency
would eventually face a cash flow
shortage. Efforts to hold off that point
in time have, so far, succeeded. The
majority of the Agency's revenue is
committed to debt service. It is
anticipated that the Agency will continue
to be able to meet its debt service needs.
Among those debts being repaid are the
following:
Principal and interest payment
to the City Sewer Fund - an
annual payment of $169,000,
which expires in 2000.
Bakersfield, California, January 9, 1991 - Page 3
Principal and interest payment
for a City-owned parcel at the
Hotel site - annual payment of
$59,000, which expires in 1998.
Principal and interest payment
to Wells Fargo - an annual
payment of $350,000, which
expires in 1999.
Principal and interest payment
for a Tax Allocation Bond -
annual payment of $604,000,
which expires in 2008.
Principal and interest payment
for parking structure at the
Bank of America site - annual
payment of $130,000, which
expires in 1999.
Total Debt Service - $1,300,000.
Total Tax Increment Revenue
$1,400,000.
On a more positive note, in the last year
we have seen some encouraging signs that
the Downtown has stabilized. In fact,
there are indications of a mild resurgence
in the Downtown area. We distributed an
article to the Agency at its Monday
meeting, written by Joe Stevenson, and
included in the Council's folder tonight.
Other things that we've seen happen in
the Downtown, previously unoccupied
buildings have been purchased and have
been put to use: The Pavilion (formerly
the Brock's building) and American Way
(formerly the J C Penney building); the
Kress Building, the new owners have
created new interest in the available
space, and much of the building has been
leased.
Past difficulties with projects and
critical reports from the Grand Jury
have had a positive impact.
The Agency's philosophy on granting
assistance is now predicated on post
facto assistance, meaning only after a
project is in place and generating tax
increment is the assistance granted to
the developer. To an extent, this is
necessary due to the fiscal constraints
that the Agency is faced with, but the
Agency also feels it's essential in
order to reduce all risk to the extent
that it is feasible. Some of the more
recent example of that:
Bakersfield, California, January 9, 1991 - Page 4
Banducci-Walker, where
inducements were offered which
would cause the development of
4.5 Million Dollars of
improvements within the next 5
years. Should that take place,
then the Agency would incur
that obligation and pay the
City out of the tax increment
generated.
The Tegeler Hotel Project -
assistance from the Agency will
be granted only upon completion
of the Project.
And thirdly, we're in the
initial stages of negotiations
with a medium-sized engineering
firm for its office location in
the Project Area. Again,
assistance for off-site
improvements would come only
after the project is completed
and generating tax increment,
and the assistance would be
limited to a percentage of that
tax increment to be generated.
The Agency has been instrumental in the
development of submittal guidelines,
which the Council will find in their
packets.
Urban Design Guidelines - which
were recently adopted by the
Redevelopment Agency;
Revised parking requirements
for the Downtown area contained
within the newly-adopted
Parking Ordinance; and
The final stages of creating a
Master Tree Plan for the
Downtown.
Finally, through an Agency-appointed
citizen panel representing many divergent
interests, a draft revision of the
Redevelopment Element has been completed.
The Executive Director has established an
administrative policy that now requires a
review and sign-off of any CDDA agreement
by the City Attorney's Office, Finance
Department, and the Economic and Community
Development Department prior to any
legislative action.
Also, at his direction, an Administrative
Work Plan for Fiscal Year 1990-91 has been
prepared in order to better guide staff
resources, and I believe the Council will
find that in its packets, and copies of
that have been distributed to the Agency
this evening.
311
Bakersfield, California, January 9, 1991 - Page 5
Work is also under way by both the Finance,
and Economic and Community Development
Departments to address some medium-term
solutions to the Agency's financial
difficulties. This includes the
disposition of Agency-owned property.
Lastly, efforts have already been initiated
to reduce operating costs by not filling a
position that has become vacant and the
transfer of personnel from Redevelopment to
Planning.
Agency Member Araujo made a brief statement
regarding the need for better communication between the
Agency and the Council, as follows:
In order for the Council to be kept
abreast of the Agency's progress and
potential problems, a closer working
relationship should be arranged.
Regularly scheduled meetings between the
Agency and the Council, open to the
public, would be the most straightforward
way to accomplish this. Communication
between the Agency and the Council should
not be solely the responsibility of staff.
With regard to the need for open, two-way
communication between the Agency and the
public, regularly scheduled Agency
Workshops, open to the public, would do
much to eliminate misunderstandings. For
example, Downtown business people often
ask questions about such matters as the
current disposition of funds which were
once to be allocated for certain programs
later suspended or eliminated, such as
the highly-successful Facade Improvement
Program, which is currently on hold.
Councilmember McDermott stated that this Workshop
was set up at the direction of Councilmember Edwards and,
although Councilmember Edwards was ill this evening, staff
has been asked to tape this Workshop in the event he wishes
to listen to it at a later date. Councilmember McDermott
further stated that, in the past, Council had asked the Urban
Development Committee to stay in communication with the CDDA
by having regularly-scheduled luncheons and requested the
Chairman of that Committee check into resuming the quarterly
luncheons.
Agency Chairperson Rubin stated he wished to echo
the comments regarding the need for closer communication. He
further stated it is an excellent idea to resuscitate the
luncheons, and he will be happy to participate and felt all
the Agency Members would, as well.
Councilmember Salvaggio stated he would like to see
the Facade Improvement Program back on track.
Bakersfield, California, January 9, 1991 - Page 6
Councilmember DeMond urged staff to offer any
existing funds, or when funds do become available, to the
community for facade improvement. Councilmember DeMond
requested staff determine and advise when the Facade
Improvement Program would become available.
ADJOURNMENT
There being no further business to come before the
Council and the Central District Development Agency, Mayor
Medders adjourned the Special Joint Meeting, Council went
into Closed Session, and the Central District Development
Agency went into its Special Meeting at 5:45 p.m.
ATTEST:
Council of
the
the City of Bakersfield, CA
ndw
Bakersfield, California, January 9, 1991
Minutes of
City of Bakersfield,
of City Hall at 5:45
the Closed Session of the Council of the
California, held in the Council Chambers
p.m., January 9, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers
Councilmembers
DeMond, Brunni, Peterson, McDermott,
Salvaggio
Edwards, Smith
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(b) and 54957
regarding potential litigation and a
personnel matter.
Upon a motion by Councilmember McDermott, two items
which arose after the Agenda was posted and upon which action
is necessary were added to Closed Session, by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Brunni, Peterson, McDermott,
Salvaggio
None
None
Councilmembers Edwards, Smith
Closed Session pursuant to Government
Code Section 54956.9(a) regarding
Bender et al. vs. City of Bakersfield.
Closed Session pursuant to Government
Code Section 54956.9(b)(1) regarding
potential litigation.
Councilmember McDermott made a motion to go to
Closed Session.
In response to a question by Councilmember DeMond,
Acting City Attorney Sherfy advised that it was okay for her
to vote to go to Closed Session.
Upon a motion by Councilmember McDermott, Council
recessed to the City Manager's Conference Room for Closed
Session at 5:45 p.m.
ADJOURNMENT
Upon a motion by Councilmember Brunni, the meeting
for Closed Session was adjourned at 6:57 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, January 9, 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., January 9, 1991.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Reverend Ed Meissner, First
Assembly of God Church, and the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers DeMond, Smith (seated at 7:10),
Brunni, Peterson, McDermott,
Salvaggio
Councilmember Edwards
Calendar.
CONSENT CALENDAR
The following items were listed on the Consent
so
Approval of Warrant Nos. 4711 to
5300, inclusive, in the amount of
$3,409,592.11, and Self Insurance
Warrant Nos. 887 to 1087, inclusive,
in the amount of $94,957.88.
Minutes of the Workshop, Closed
Session and Regular Meeting of
November 28, 1990, and the Special
Meeting of December 10, 1990, for
approval.
Communications:
Communication from Hill
Top Developers, Inc.,
1830 Brundage Lane, dated
November 27, 1990,
requesting annexation of
property generally located
on the south side of Louise
Street approximately 600
feet west of South Union
Avenue and containing
approximately five acres.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from Cuesta
Engineering, 5055 California
Avenue, Suite 218, dated
December 17, 1990, requesting
annexation of property
located south of Panama Lane
between Gosford Road and
Stine Road, and zone change.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Dedication of Properties:
Street Right-of-Way Deed
No. 3286 from Dennis W.
DeWalt for a portion of
Spokane Avenue east of
Calloway Drive and south
of Hageman Road.
Bakersfield, California, January 9, 1991 Page 2
Street Right-of-Way Deed
No. 3287 from Timothy J.
Banks dba, Patriot's
Enterprises for a portion
of Spokane Avenue east of
Calloway Drive and south
of Hageman Road.
Quitclaim Deed No. 3288 to
Donald H. and Paula R.
Kinzel for a portion of
Spokane Avenue east of
Calloway Drive and south
of Hageman Road.
Quitclaim Deed No. 3289 to
Piper-Stephens for a
portion of Spokane Avenue
east of Calloway Drive and
south of Hageman Road.
Quitclaim Deed No. 3290 to
Dennis W. DeWalt for a
portion of Spokane Avenue
east of Calloway Drive and
south of Hageman Road.
Deed No. 3291, Irrevocable Offer of
Dedication from Brimhall Partners to
reserve right-of-way for a portion
of the Kern River Freeway between
Calloway Drive and Coffee Road.
Final Maps and Improvement Agreements:
Agreement Nos. 91-1 and
91-2, Final Map and
Improvement Agreements
with M.J.J. Developers
for Tract 5135 A Phase I
consisting of 57 lots on
11.78 acres located south
of White Lane between
Mountain Vista Drive and
Buena Vista Road.
Agreement Nos. 91-3 and
91-4, Final Map and
Improvement Agreements
with William and Patty
Alexander, and Dewayne and
Joanne Adams for Tract 5156
consisting of 20 lots on
5.08 acres located at the
northeast corner of Auburn
Street and Eissler Street.
Notices of Completion and Acceptance
of Work for the following:
Contract No. 90-222 with
Griffith Company for
construction of Madison
Street from White Lane to
Planz Road, completed
December 14, 1990.
Bakersfield, California, January 9, 1991 - Page 3
Contract No. 90-143 with
Griffith Company for
traffic signal modification
on Mt. Vernon Avenue at
University Avenue, completed
December 14, 1990.
Contract No. 90-234 with
Tumblin Company for Stine
Canal Culvert at Ashe Road,
completed December 27, 1990.
Agreement No. 91-5, Amendment No. 1
to Agreement No. 86-129 (Memorandum
of Understanding) with the County of
Kern for the restoration of the Baker
Street Library - Phase II.
i. DELETED.
Upon a motion by Councilmember DeMond, Item i. of
the Consent Calendar was deleted.
Upon a motion by Councilmember DeMond, Items a, b,
c, d, e, f, g, and h of the Consent Calendar were adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Brunni, Peterson, McDermott,
$alvaggio
None
None
Councilmembers Edwards, Smith
Noes:
Abstain:
Absent:
Councilmember Brunni stated for the record that the
reason action was taken this evening on Item f.1. of the
Consent Calendar was because the applicant's financing will
expire on January 21, 1991, and the next Council meeting is
not until January 30, 1991; therefore, action was required
this evening subject to the Planning Commission meeting of
January 10, 1991.
Councilmember McDermott stated he was pleased to
see continued efforts regarding Item e. of the Consent
Calendar, the right-of-way for a portion of the Kern River
Freeway, and stressed how very important it is to keep moving
on that.
PUBLIC STATEMENTS
Mrs. Laura Klugow, 4212 Northwind Drive, spoke
regarding the problem with the City sewer in her
neighborhood backing up and running into the storm drains,
and voiced her displeasure at the length of time it has taken
to correct the problem and wanted to know what the policy is
for contacting somebody from the City to do so.
Public Works Director Schulz advised the proper
procedure during the daytime is to call the Public Works
Department, or there is a telephone number listed in the
directory for sewer maintenance problems, and during the
weekends and evenings, the procedure is to call the Com
Center at the Police Department, which is 327-7111. The Com
Center has a list of individuals to contact during off-duty
hours, and the call is then forwarded to the appropriate
individual.
Bakersfield, California, January 9, 1991 - Page 4
Mr. Bob Ashbeck, 4283 Country Club Drive,
representing the State of California Community Access
Network, which is sponsored by the Department of
Rehabilitation, spoke regarding access to the parking
structure of the City Center Building for the physically
handicapped. He advised that in some sections of the parking
structure, there is not enough clearance, due to water pipes,
lights and sprinklers, for a handicap van to pass through,
and there are no signs indicating where the handicap parking
spaces are located. He further advised that there are two
handicap spaces accessible from the east end of 18th Street;
however, when leaving the garage, the only way out of those
spaces is to back out onto 18th Street, which allows no
visibility. Mr. Ashbeck suggested moving one of the pipes,
putting in signs and moving the location of the handicap
parking in order to eliminate backing out onto 18th Street.
Councilmember DeMond requested that the Building
Department check into the possibility of posting signs to
clarify the path of travel that's necessary to reach the
handicap parking spaces and to look into relocating the two
spaces on the east end of 18th Street to alleviate any
difficulty and traffic congestion.
Mr. Bruce Keith, President, Downtown Business
Association, 1820 Brundage Lane, Suite C, spoke regarding the
appointment to the Central District Development Agency and
asked that sincere consideration be given to Stan Ferguson's
nomination to that seat. Mr. Keith also spoke in support of
the First Reading of the Historic Preservation Ordinance that
is on tonight's Agenda.
Mr. Jim Parker, 2330 20th Street,
of the Historic Preservation Ordinance and
history.
spoke in support
reviewed its
Ms. Ruth Adams, 2311 19th Street, spoke in support
of the Historic Preservation Ordinance and stated when it
goes back to committee that consideration be given to
lowering the 75 percent signature request for approval,
because of absentee owners, elderly owners and rental
property.
HEARINGS
This is the time set for continued public
hearing on an appeal by Mr. Ruben Bartell
of a restriction to allow medical related
uses of a C-2 (Commercial) Zone approved
by the Planning Commission on those
certain properties in the City of
Bakersfield consisting of 39+/- acres
located in Section 32, Township 29 South,
Range 27 East, M.D.B.&M., and generally
located south of Brimhall Road,
approximately 700 feet west of Coffee
Road.
This hearing was continued from the meeting of
December 19, 1990.
Bakersfield, California, January 9, 1991 - Page 5
Mr. Roger Mcintosh, with Martin-Mcintosh
Engineering and representing the appellant, spoke in
opposition to the motion to deny the appeal and proposed
that, instead of requesting a C-2 Zone, the zoning be allowed
to go to a PCD (Planned Commercial Development) Zone.
Mr. Mcintosh also stated he would like to continue to pursue
the appraisal of the freeway right-of-way and work towards a
negotiated settlement of the City acquiring the right-of-way
on that property.
No protest or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Councilmember Brunni asked Mr. Mcintosh, for the
record, if he and the applicant understood what a PCD means
to each of them.
Mr. Roger Mcintosh advised that they do understand,
and stated that one of the reasons for the PCD request is
that it will allow everyone to see what that use is and look
at the mitigation impacts at the time of public hearing.
Councilmember Brunni made a motion to grant the
zone change on condition that the property be developed upon
subsequent approval of a PCD, and directed staff to continue
with an appraisal for the right-of-way acquisition.
Upon a motion by Councilmember Brunni, the zone
change was granted on condition that the property be
developed upon subsequent approval of a PCD, and staff was
directed to continue with an appraisal for the right-of-way
acquisition, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
None
None
Councilmember Edwards
Peterson,
Mayor Medders advised that, as mentioned in the
Workshop, Councilmember Edwards is ill this evening.
REPORTS
Councilmember DeMond read Personnel Committee
Report No. 1-91 regarding Revised Job Specifications and
transfer of staff from Redevelopment to Planning, as follows:
At its meeting on December 20, 1990, the
Personnel Committee reviewed recommendations
from staff to reclassify a Clerk-Typist II
position in Water and Sanitation, and
Personnel Clerk positions in Community
Services, Public Works, Water & Sanitation
and the Police Department.
Desk audits were conducted by the Personnel
Division which revealed that the incumbents'
current job responsibilities and duties are
not consistent with the duties and
responsibilities associated with the
Personnel Clerk or Clerk-Typist II job
specifications. The Personnel Committee
recommends the following reclassifications
in the above-mentioned departments:
3!9
Bakersfield, California, January 9, 1991 Page 6
Personnel Clerk I to Secretary II
Clerk-Typist II to Secretary II
Personnel Clerk (Police
Department) to Sr. Police Records
Clerk
There will be a financial impact for the
reclassification of the Clerk-Typist II to
Secretary II, however, sufficient funds are
available within the department. The
reclassification requests have been
approved by the Miscellaneous Civil Service
Board and the Police Civil Service Board.
The Committee also reviewed staff's request
to transfer a Principal Planner from
Redevelopment to the Planning Department.
The Principal Planner will replace the
position of Planning Technician in the
department and will also enable the
department to keep pace with the growing
work load. The transfer can be accomplished
without any current year fiscal impact.
It is requested that the Council accept this
report and approve the changes outlined,
including adoption of the Salary Resolution.
Upon a motion by Councilmember DeMond, Personnel
Committee Report No. 1-91 was accepted.
Adoption of Resolution No. 1-91 of the
Council of the City of Bakersfield
amending Resolution No. 6-89 setting
salaries and related benefits for
employees of the Blue and White Collar
Units of the City of Bakersfield, adopting
Salary Schedule and adopting City Schedule
of Paid Holidays (deleting Personnel Clerk
and adding Senior Police Records Clerk).
Upon a motion by Councilmember DeMond, Resolution
No. 1-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember Edwards
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 1-91 regarding
Implementation of Jail Booking Charge by Kern County, as
follows:
The City Council requested that the
Budget and Finance Committee review the
proposed County implementation of the
Jail booking charge authorized by Senate
Bill 2557 (Maddy).
Bakersfield, California, January 9, 1991 - Page 7
For several months, City staff has worked
with representatives from the County
Administrative Office regarding the
proposed implementation of the charge by
the Kern County Board of Supervisors
The Committee expressed various public
policy concerns involving the proposed
booking fee, including what constituted a
"booking" and the disincentive to law
enforcement created by a per booking
charge. The Committee directed staff to
review the booking procedure and, after
further study by City and County staff,
it has been determined that an agreement
could be reached with the County to
provide a contract for the average 350
City bookings per month at $57.00 each,
for the period of July 1, 1990, through
June 30, 1991. The total booking charge
for Fiscal Year 1990-91 would be $239,400.
While the Committee does not agree with,
in principle, any booking charges by the
County, it is evident that it will be
implemented as allowed by current State
law. Therefore, the Committee recommends
that the City Council authorize the Mayor
to execute the proposed agreement with the
County for the payment of booking fees
subject to the implementation of the
booking fee by the County. In addition,
the Committee recommends the transfer of
$239,400 from Council Contingency to the
Police Department Budget.
The Committee further recommends that the
City support actions which would limit or
eliminate the ability of the State or
Counties to pass on the costs of their
public services to Cities.
We request that the Council accept this
report and implement its recommendations.
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 1-91 was accepted.
Councilmember McDermott made a motion to implement
the recommendations of Budget and Finance Committee Report
No. 1-91.
Councilmember McDermott stated for the record, as
follows:
This has been a very contentious issue
since it was first brought up in September
of this last year. At that time, it
appeared that the impacts upon the City
could be in excess of $1.2 Million but,
even probably more significant than that,
I think it could have had some significant
impacts on the quality of life in our
community. If indeed we'd gone to a per
booking charge, I think it would have
been a disincentive to provide the level
of police protection that our community
desired.
32t
Bakersfield, California, January 9, 1991 Page 8
follows:
Through the discussions that finally did
take place with the County, we were able
to work through these concerns and, while
we don't think that our City taxpayers
ought to have to pay twice for these
services, as they will here, at least this
is a more reasonable recommendation than
the one originally submitted. It's a
million dollars less that our citizens are
going to be asked to pay twice, and it is
going to allow our police to provide the
level of police protection the citizens of
Bakersfield deserve.
So, I am supportive of this compromise,
but I do think that we ought to continue
to express to our legislatures that they
must work to prevent this type of action
to take place and that they need to
rescind Senate Bill 2557.
Councilmember Brunni stated for the record, as
Senate Bill 2557 was a last-ditch effort
to rope cities into the State's inability
to deal with its budget problems. This
has happened before. At one time, cities
went to the State and basically got them
off our backs. We thought that was it.
We were wrong. The State Legislature
views the coffers of cities as an untapped
resource for them. Since the State
Legislature doesn't want to be responsible
for tax increases, they simply put a
squeeze on cities' coffers and asked us to
do the same for you. We're forced to
provide continuing services with lesser
and lesser dollars to do the same job.
The implementation of booking fees and
property tax administration charges are
the result of the State Legislature's
actions. I want to make sure that
everyone understands that.
I feel that accepting these fees without
a fight is a dangerous precedent, for the
residents of our City, specifically. As
a charter city, we are not a political
subdivision of the State, as counties are
by design and by law. We are a completely
different entity. As the squeeze on
cities continues, the conflict between
cities and counties will continue to
heighten and, as I view it, the State then
would like to step in and solve the very
problem that they've created by regional
government legislation. Specifically, now
we see AB 3 fathered by Willie Brown, the
Speaker of the Assembly. This one little act
act has very far-reaching implications for
our governmental structure in the entire
State.
Bakersfield, California, January 9, 1991 - Page 9
Having said that and expressed my
philosophical distaste for this whole
situation and letting you know that I do
feel that the culprit in this situation is
the State, I am pragmatic enough to
recognize and realize that this proposal
does represent a significant compromise
between the City and the County from what
was initially proposed. Since the City
of Bakersfield represents one-third of the
County's entire population, it is extremely
critical that the City and County work
together in solving these kinds of problems
and in asking the State to stay out of our
business. It's only in the spirit of
cooperation that I can reluctantly support
this motion.
Councilmember DeMond advised that this was an
extremely repugnant situation and, since Councilmember
Edwards was not here, she wanted to state something that he
had indicated to her, which was the good that $240,000 could
do in other areas of this community, and he was very sad and
dismayed by the manner that this money is going to be used
and by the double-taxation method.
Councilmember Salvaggio stated his disapproval and
advised the matter of booking fees is a rip-off for the
residents of the City of Bakersfield. He further stated it
is inequitable and represents double taxation for people
living in Bakersfield. Councilmember Salvaggio stated he
places the blame partially on the Board of Supervisors
because, historically, booking prisoners and collecting
property taxes are a County-wide responsibility, and they are
currently financed by the County General Fund and paid for
by all County property owners; City residents are also County
residents, and a share of their property taxes goes to the
County. Councilmember Salvaggio then read a portion of a
letter by Assemblyman Trice Harvey, which was written in
response to a letter from Mayor Medders, as follows:
Thank you for your letter and
resolution regarding $B 2557
appreciate hearing your views
matter.
the enclosed
(Maddy). I
on this
As you know. $B 2557 authorizes the county
auditor to "determine property tax
administrative costs proportionately
attributable to local jurisdictions and to
submit invoices for those costs". This
measure does not mandate that counties
impose such fees nor does it set the level
of fees to be imposed. In essence, this
bill provides local governments with
greater flexibility to recover their costs,
if they decide to do so.
The key to this issue is how the county
proceeds.
Councilmember Salvaggio stated he wanted to
reaffirm his opposition and urge the County not to proceed.
Bakersfield, California, January 9, 1991 Page 10
Councilmember McDermott stated he felt compelled to
respond to some of the comments in Assemblyman Harvey's
letter and advised that the State Legislature and those
people who supported them, including Mr. Harvey, didn't have
the necessary abilities to address the issue directly and
solve the State budget problem. He further stated he is very
happy that two of our local legislators, Senator Rogers and
Assemblyman Wyman, are working to remedy this, and he urged
all members of our community to communicate with Assemblyman
Harvey to join the bandwagon and help eliminate the inequity.
Councilmember Brunni requested a change on page 4
of the Agreement, in Section 4, Amendments, as follows:
"This Agreement may not be modified or altered except upon
written consent of County 'Board of Supervisors' and City
'Council'".
City Manager Hawley indicated that this change
could be made.
Councilmember Smith recognized staff and the Budget
and Finance Committee for their diligent efforts to reduce
the booking fee. Councilmember Smith advised that she is not
pleased about passing on any fee above what the City
residents are already paying to maintain our justice system
and urged the Council to resist any attempt at regionalism by
experiencing a passing down of the collection of fees from
the State to the local level.
Councilmember Peterson requested Police Chief
Patterson to come forward publicly and state his feelings
regarding this issue.
Police Chief Patterson advised that a lot of work
has been put into reaching this Agreement. He felt the
agreement to pay a flat amount is very good from our
perspective and, considering there are 21,000 arrests a year,
that it is as good an agreement as we could have struck. He
further stated that when the Legislature convened last month,
four bills were introduced to overturn the booking fee, and
there is still a lot pending on this.
Approval of Agreement No. 91-6 with the
County of Kern for County Jail Booking
and Processing Services.
Upon a motion by Councilmember McDermott, the
recommendations of Budget and Finance Committee Report No.
1-91 were implemented; Agreement No. 91-6 was approved and
the Mayor authorized to execute the Agreement pending
implementation of booking fee by Kern County; and transfer of
$239,400 from Council Contingency to Police Department Budget
in the General Fund, by the following roll call vote:
Ayes: Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott
Councilmember Salvaggio
None
Councilmember Edwards.
Noes:
Abstain:
Absent:
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 2-91 regarding
Ambulance Rates, as follows:
On October 9, 1990, the Council referred
the issue of Ambulance Rates to the
Budget and Finance Committee for review.
Bakersfield, California, January 9, 1991 - Page 11
Both Golden Empire and Hall Ambulance have
submitted requests for the annual review
of ambulance rates. Both companies have
provided the City information regarding
the need for the increase. Staff has
reviewed the information with the Committee
and provided information regarding other
comparative rates and increases in selected
cost indexes for medical personnel, medical
expenses and transportation costs. Based
on the information provided by the
companies and the cost index information,
the Committee has determined that an
increase is warranted. We recommend the
following rates:
Basic Life Support $164.00
Advanced Life Support
(without procedures)
$200.00
Advanced Life Support
(with procedures)
$364.00
Mileage (per mile from
pick-up point to
delivery point)
$ 10.00
Night Charge (7:00 p.m. $ 46.00
to 7:00 a.m.)
Emergency Response (911
responses and private
emergency calls that
are responded to code 3)
$ 36.00
Oxygen (per cylinder or $ 33.00
portion used thereof)
Waiting Time (per hour,
chargeable in 15 minute
increments)
$ 17.00
The Committee felt this recommendation is
in line with other charges throughout the
State and provides the ambulance operators
with an approximate 11.2 percent adjustment.
This will bring the companies more closely
in line with current Medicare reimbursement
rates and also take into account that other
regulated rates, including Medi-Cal, will
not be affected by this action.
It is the intent of the Committee that
these rates will be reviewed again next
year. This process of annual rate review,
which was started in 1989, will continue
to be refined by both the City and the
ambulance companies in the future.
Therefore, the Committee recommends
approval of this report and the adoption
of a resolution of the City of Bakersfield
establishing ambulance service charges.
Bakersfield, California, January 9, 1991 Page 12
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 2-91 was adopted.
Adoption of Resolution No. 2-91 of the
Council of the City of Bakersfield
Establishing Ambulance Service Charges.
Upon a motion by Councilmember McDermott, the
recommendations of Budget and Finance Committee Report
No. 2-91 were implemented and Resolution No. 2-91 of the
Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott
Councilmember Salvaggio
None
Councilmember Edwards
Councilmember Peterson, Chairperson of the Urban
Development Committee, read Report No. 1-91, as follows:
Certain changes have
studied by the Urban
Committee on Monday,
been requested and
Development
December 21, 1990.
Those changes include the requirement for
75 percent property owner signature
threshold for a petition requesting
historic district designation. It is
also recommended that a cost recovery
provision for both a cultural resource
and a historic district be incorporated
into the proposed ordinance.
The Committee recommends that this report
be implemented by considering the proposed
ordinance for first reading.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 1-91 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 15.72 of the Bakersfield
Municipal Code relating to Historic
Preservation.
Councilmember Brunni expressed her concerns
regarding page 5 of the ordinance, specifically with respect
to Section 15.72.040, "Historic Preservation Commission
Established - Membership", Subsections A. and B. She felt
the two subsections were unclear and asked for clarification.
Councilmember Brunni spoke regarding page 10,
Section 15.72.090, "Hearing procedure for designation of
cultural resources and historic districts", Item 2. She
stated that she would prefer to see owners within 500, 700 or
even 1,000 feet noticed, instead of 300 feet as written.
Councilmember Brunni spoke regarding Section
15.72.160, "Alteration, demolition or relocation of a
designated cultural resource or property within a historic
district - Hearing required - Appeal", Subsection G., on page
14. Her concern here was that Subsection G. did not provide
for a fee to be charged to file an appeal and whether it has
to be stated in order for the City to legally charge a fee.
Bakersfield, California, January 9, 1991 Page 13
Councilmember Salvaggio stated his disappointment
over the process of this ordinance coming before Council this
evening. He stated this ordinance first came before the
Council in March of 1990, when it was referred to the Urban
Development Committee, and since that time, there has been no
communication between the Committee and the Council until
now.
Councilmember Salvaggio advised that at the time it
was first brought before the Council, the ordinance provided
that all petitions for designation of a historic district
must be signed by owners of no fewer than 60 percent of the
parcels within the proposed historic district, whereas
tonight's ordinance is proposing 75 percent. He stated he
has been a strong supporter of private property rights, but
he also believes the people who are already there have the
right to protect the quality of life in their neighborhood.
At the request of Councilmember Salvaggio, Ms. Mary
Hoggatt, representing the Bakersfield Board of Realtors, was
recognized and advised that the Bakersfield Board of Realtors
is very supportive of the ordinance before Council now.
Councilmember DeMond requested that Subsections A.,
B. and G., under Section 15.72.040, on pages 5 and 6, be
reviewed and brought back to the table.
Councilmember DeMond requested, with regard to the
recommended $2,000 application fee, that staff check with
other historic districts to see what they charge, and to also
look at some alternatives to having the full amount in hand.
the
met.
Councilmember DeMond voiced her concern about all
time that was spent on this and the agreement that was
Councilmember Peterson, speaking in defense of the
Councilmembers who sit on the Urban Development Committee,
advised that this is a part-time Council, and the Committee
has been working very hard on this ordinance and other
historical preservation issues. He felt there were many
issues in the ordinance that concerned the Committee that had
to be worked out, specifically with respect to the 75 percent
figure and the issue of the 300 feet noticing. He stated it
boils down to a balance, as the law profession has, with
personal property rights on one side and the historical
preservation district on the other, and which is more
important since a person's right to control his property is
involved. He felt it was a compromise on the Committee's
part to go for a 75 percent figure as a fair amount. With
respect to the 300 feet noticing figure, Councilmember
Peterson stated that it is standard with the City, whenever
there's a zone change or anything that involves the property
values, to notice property owners within 300 feet. He
advised you get into some astronomical mailing costs when you
go much beyond that.
Councilmember McDermott advised for the benefit of
the audience that this ordinance is to allow the City to
establish historic districts anywhere in the City of
Bakersfield.
Councilmember McDermott spoke in defense of the
time spent by the Urban Development Committee on this
ordinance and the decision reached specifically with respect
to the 75 percent figure. He further stated he is very
concerned about taking away personal property rights and will
not support anything less than 75 percent.
327
Ba,:ersfield, California, January 9, 1991 - Paqe 14
Councilmember Smith stated she, too, sees this as
matter of fairness and preservation of property rights and
believes that the 75 percent figure is appropriate. She
indicated the Urban Development Committee worked very well
with the Historic Preservation Commission to come up with
this ordinance, and she is very pleased with it.
a
Councilmember DeMond, Chairperson of the
Legislative and Litigation Committee, read Report No. 1-91
regarding City Council Response to Request from the City of
Lynwood and Information Provided by the League of California
Cities regarding SB 2557, as follows:
The City Council has recently referred to
the Legislative and Litigation Committee
several requests relating to regional
governance, including a request from the
City of Lynwood for Bakersfield to
establish a task force on regional
governmental concerns, a request to
review both AB 3 (regional government)
and SB 124 (air quality), and legislative
concerns of the regional issues of
$B 2557 (booking fees and administration
charges).
The Committee strongly feels that the
duties of Bakersfield elected officials
include involvement in regional issues
affecting not only the City of Bakersfield
but other cities and counties. This
includes taking proactive stances on
matters such as growth management, air and
water quality, and protection of city
resources.
The City of Bakersfield monitors regional
issues through its affiliation with the
League of California Cities Sacramento
office as well as the South San Joaquin
Valley Division. In addition to the
Division's regular meeting of February 15
in Reedley, the SSJV Division is hosting
a special joint meeting with the Central
Valley Division on March 28 to discuss
specific regional governance issues. The
City of Bakersfield will be represented
at both these meetings to provide input
and gain insight on the needs of cities
on these issues. The City Manager also
represents the City as a standing member
of the South San Joaquin Valley City
Managers Association's Committee on
Regional Issues.
The Legislative and Litigation Committee
commends the City of Lynwood for taking
proactive steps to deal with issues of
regional concerns and wishes to be kept
informed as progress is made. In addition,
the Committee urges the City of Bakersfield
and its Councilmembers to increase their
working relationships with the existing
SSJV Division of the League and other
existing organizations addressing regional
Bakersfield, California, January 9, 1991 - Page 15
concerns endemic not only to the South
San Joaquin Valley but to the State of
California as a whole. Regarding SB 2557,
the City continues to support legislative
action repealing all its provisions
excluding those granting counties
authority to impose business license and
utility user taxes.
Therefore, the Legislative and Litigation
Committee recommends that the City Council
accept this report, concur with its
recommendations, and authorize the Mayor
to forward this report to the City of
Lynwood, the SSJV Division of the League,
and our State officials to indicate the
Council's expanding role regarding regional
issues affecting Bakersfield.
Upon a motion by Councilmember DeMond, Legislative
and Litigation Committee Report No. 1-91 was accepted.
Councilmember DeMond made a motion to implement the
recommendations of Legislative and Litigation Committee
Report No. 1-91 and spoke to the motion. She advised that,
in an effort to become more involved as Councilmembers, staff
has been asked to check into the possibility of our hosting
the special meeting of the SSJV in March so that all the
Councilmembers can attend. Councilmember DeMond stated that
Fresno and Bakersfield are the two largest cities in the
South San Joaquin Valley, and we should have more voice in
what is going on.
Upon a motion by Councilmember DeMond, the
recommendations of Legislative and Litigation Committee
Report No. 1-91 were implemented.
Councilmember Brunni spoke regarding an article in
The Bakersfield Californian on Sunday, January 6, 1991, about
AB 3 (Willie Brown) now entitled "Growth Management".
Councilmember Brunni pointed out that this is the same bill
Willie Brown tried to get passed last year entitled "Regional
Government", and it is the same bill with a different title,
even though he would like the public to believe that
something has changed from last year's bill. She advised
that this bill was criticized openly by any number of people,
particularly those in local jurisdictions and municipalities,
because it strives to eliminate or reduce the need for local
control of land use decisions and, specifically, it deals
with replacing the need for local land use, hazardous
facilities siting, annexation decisions, etc., which are
basic local control issues that concern everyone.
Councilmember Brunni then quoted from The Legislative
Council's Digest, as follows:
This bill would create, in State
government, the State Growth Management
Commission that would establish seven
geographic regions encompassing the State
and would establish a regional development
and infrastructure agency in each region.
By requiring participation of cities,
counties and special districts in the
regional agency, this bill would impose a
State-mandated program. No reimbursement
shall be made from the State Mandates
Claim Fund for costs mandated by the State
pursuant to this act.
Bakersfield, California, January 9, 1991 - Page 16
Councilmember Brunni advised that it is an unfunded
State mandate which is tantamount to something dealt with
earlier this evening known as booking fees and administration
charge for property taxes. She then continued to quote from
The Legislative Council's Digest, as follows:
This bill would state the declaration of
the Legislature of the need to reorganize
local government. The agency replaces
the powers and duties of councils of
governments, regional transportation
planning agencies, air quality management
districts, air pollution control
districts, regional water quality control
boards, and the Planning and Advisory
Assistance Council. The Commission shall
prepare and thereafter shall cause to be
maintained a State Conservation and
Development Plan. In preparation of the
plan, priority shall be given to the
development of Statewide land use policy.
Upon completion of the plan and prior to
approval, the State Growth Management
Commission shall seek the advice of the
Legislature, and for this purpose shall
transmit the plan to the Speaker of the
Assembly (Willie Brown) and to the State
Senate Rules Committee.
Councilmember Brunni stated that this is an
extremely tenuous piece of legislation, and she encouraged
everyone on the Council, and also the public, to please be
involved in this sort of legislation because it has a
profound affect on each and every one of us, not just today
but into the long-term future.
ACTION ON BIDS
Approval of Contract No. 91-7 with A. C.
Electric Co. for Traffic Signal
Modifications at intersections of Beale
Avenue at Flower Street, "F" Street at
21st Street, Brundage Lane at "H" Street
and Planz Road at Stine Road.
Upon a motion by Councilmember DeMond, the low bid
from A. C. Electric Co. in the amount of $86,295.00 was
accepted, all other bids rejected, and the Mayor authorized
to execute the Contract.
Pumper Truck for Fire Department
(replacement).
Upon a motion by Councilmember Peterson, the
bid from Quality Manufacturing, Inc., in the amount of
$213,399.00, was accepted and all other bids rejected.
]ow
Approval of Annual Contract No. 91-8
with Jim Alfter Cement Contractor for
Canal Liner Repair.
Upon a motion by Councilmember DeMond, the bid from
Jim Alfter Cement Contractor in the amount of $23,975.00 was
accepted and the Mayor authorized to execute the Contract.
Bakersfield, California, January 9, 1991 - Page 17
DEFERRED BUSINESS
Adoption of Ordinance No. 3333 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map Nos. 123-35 and 123-36 by
prezoning that certain property located
south of Hosking Avenue east and west of
wible Road contiguous to the boundary of
the City of Bakersfield known as the
Hosking No. 2 Annexation. (Ward 6)
This Ordinance was given first reading at the
meeting of December 19, 1990.
Upon a motion by Councilmember McDermott, Ordinance
No. 3333 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Brunni, Peterson, McDermott,
Salvaggio
None
None
Councilmembers Edwards, Smith
Adoption of Ordinance No. 3334 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map Nos. 123-25 and 123-36 by
prezoning that certain property located
north and south of Hosking Avenue, west
of State Route 99 contiguous to the
boundary of the City of Bakersfield known
as the Hosking No. 3 Annexation. (Ward 6)
This Ordinance was given first reading at the
meeting of December 19, 1990.
Upon a motion by Councilmember McDermott, Ordinance
No. 3334 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Brunni, Peterson, McDermott,
$alvaggio
None
None
Councilmembers Edwards, Smith
Upon a motion by Councilmember McDermott, the
meeting recessed at 9:00 p.m. and reconvened at 9:06 p.m.
Adoption of Ordinance No. 3335 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map No. 123-26 by prezoning that
certain property located east of Stine
Road approximately 850 feet south of the
Arvin-Edison Canal contiguous to the
boundary of the City of Bakersfield known
as the Stine No. 7 Annexation. (Ward 6)
This Ordinance was given first reading at the
meeting of December 19, 1990.
Bakersfield, California, January 9, 1991 - Page 18
Upon a motion by Councilmember McDermott, Ordinance
No. 3335 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember Edwards
Adoption of Ordinance No. 3336 of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map No. 102-15 by prezoning that
certain property located southeast of
Westlake Drive and Oakhaven Street
contiguous to the boundary of the City of
Bakersfield known as the Oakhaven No. 1
Annexation. (Ward 4)
This Ordinance was given first reading at the
meeting of December 19, 1990.
Upon a motion by Councilmember Brunni, Ordinance
No. 3336 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Edwards
Peterson,
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.70.040 of the
Bakersfield Municipal Code relating to
the schedule of fees and service charges
for processing of historic district
applications.
This ordinance amends Service Center S-18 to add
Historic Preservation Review to the schedule of fees and
service charges for processing historic district applications.
Adoption of Resolution of Application
No. 3-91 of the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
341, Pacheco No. 10 Annexation. (Ward 7)
Councilmember Salvaggio made a motion to adopt the
Resolution and advised he is very pleased to see the City
moving forward towards annexing the County island known as
Pacheco No. 10. He further stated it is a neighborhood of
about 500 people that has no street lights and some of
their roads are in need of repair, and he feels we can do
them a lot of good in improving their neighborhood. It is
the one area in Ward 7 that is totally surrounded by the
City, and Councilmember Salvaggio stated he is excited about
the possibility of their joining the City of Bakersfield. He
then thanked staff, specifically Planning Director Hardisty
and City Manager Hawley, for supporting him on this.
Bakersfield, California, January 9, 1991 - Page 19
Councilmember McDermott thanked Councilmember
Salvaggio for his hard work on this and stated he thinks the
annexation is not only going to be in the best interest of
the neighborhood, but that it is in the best interest of the
City of Bakersfield.
Upon a motion by Councilmember Salvaggio,
Resolution of Application No. 3-91 of the Council of the City
of Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember Edwards
Adoption of Resolution No. 4-91 of the
Council of the City of Bakersfield
ordering the summary vacation of 5 feet
of the 10-foot wide public utilities
easements located in Tract No. 5033-2 in
the City of Bakersfield (Southeast corner
of Hageman Road and Calloway Drive).
Upon a motion by Councilmember Brunni, Resolution
No. 4-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Edwards
Peterson,
Referral of a Resolution of the Council
of the City of Bakersfield amending
Resolution No. 6-89 for Employees of the
Blue and White Collar Units of the City
of Bakersfield, adopting Salary Schedule
and adopting City Schedule of Paid
Holidays. (Reclassification of
Engineering Drafter to Computer Drafting
Technician II and adding Computer
Drafting Technician I).
Upon a motion by Councilmember Peterson, Resolution
of the Council of the City of Bakersfield amending Resolution
No. 6-89 for Employees of the Blue and White Collar Units of
the City of Bakersfield, adopting Salary Schedule of Paid
Holidays (Reclassification of Engineering Drafter to Computer
Drafting Technician II and adding Computer Drafting
Technician I) was referred to the Personnel Committee.
Adoption of Resolution No. 5-91 of the
Council of the City of Bakersfield
Endorsing Application for an Urban Stream
Restoration Grant and Determining
Appropriate Environmental Impact Document,
Conditionally Accepting Grant if offered,
and Designating Contract Manager and
Fiscal Agent for the Acquisition of Real
Property in the Bakersfield Educational
Studies Area of the Kern River Parkway.
Bakersfield, California, January 9, 1991 Page 20
Upon a motion by Councilmember Brunni, Resolution
No. 5-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember Edwards
Approval of Agreement No. 91-9 with the
County of Kern for Solid Waste Management
Activities.
Upon a motion by Councilmember Peterson, Agreement
No. 91-9 was approved and the Mayor authorized to execute the
Agreement.
Approval of Consultant's Agreement No.
91-10 with Boyle Engineering Corporation
for design services for the upgrade and
expansion of Wastewater Treatment Plant 2.
Councilmember Brunni
authorize the Mayor to execute
Engineering Corporation.
made a motion to approve and
the Agreement with Boyle
Councilmember Brunni stated for the record that she
appreciated Public Works Director Schulz and all his staff
for their willingness to do a Request for Proposal on this
particular function when she asked for it. She further
appreciated the fact that they kept an open mind throughout
this process and came to what she considered to be a very
sound conclusion for the City, overall, economically.
Upon a motion by Councilmember Brunni, Consultant's
Agreement No. 91-10 was approved and the Mayor authorized to
execute the Agreement.
Adoption of Negative Declaration for a
Community Development Block Grant proposal
to purchase and rehabilitate the Tegeler
Hotel into 53 units of low and moderate
income housing.
Upon a motion by Councilmember Peterson, the
Negative Declaration with mitigation measures listed in
Exhibit "A" was adopted.
One appointment to the Central District
Development Agency due to the resignation
of Robert D. Watson, term expiring
April 22, 1991. (4-year term)
Mayor Medders stated he was not prepared at this
time to make a recommendation and requested to extend the
deadline for receiving applications to January 11, 1991.
Upon a motion by Councilmember McDermott, the
deadline for receiving applications for the Central District
Development Agency vacancy was extended to January 11, 1991.
B~kersfield, California, January 9, 1991 - Page 21
Councilmember McDermott stated he was impressed
with the number of people who applied for this position, and
he felt some very significant progress has been made in our
process of getting the information out. He stated further
that he is happy that so many people in our community have
applied for the position.
COUNCIL STATEMENTS
Councilmember Salvaggio spoke regarding New
Business Item, Application for Urban Stream Restoration
Grant, and conveyed his appreciation to staff for their
aggressive stance in trying to secure funding to further
develop the Kern River Parkway, which we all hope will
increasingly become the focal point for recreation and
wildlife needs in our community.
see the
Parkway:
Councilmember Salvaggio advised
following accomplishments made in
he would like to
1991 regarding the
The Texaco parking lot should be laid in
approximately the next five weeks.
More volunteers are needed for the third
tree planting project on the River,
hopefully in the Spring.
Now that the funds are available, the
Bike Path needs to be put in down to the
Stockdale Highway Bridge. Since the
contract has been awarded, that should be
coming forth fairly soon.
The funding is now available for the group
picnic areas by Empire Drive, Group Picnic
Area #1 and #2.
He further stated if all of that can be done this year, it
would really enhance the aesthetics of the Parkway and
improve our image, and really put us on the map.
Councilmember Salvaggio advised he was in receipt
of a letter to Paul Dow regarding the volleyball courts that
are going to be in between the Par Course and the parking
lot, and he requested that the City Clerk give a copy of the
letter to Jack Hardisty, Dale Hawley, Ed Schulz and the
Councilmembers.
Councilmember Salvaggio urged the continual
coordination between Parks and Recreation, and the Water
Department (since most of the legwork regarding the Parkway
comes out of the Water Department) to further enhance the
development of the Kern River Parkway, and also to continue
planning coordination with the Planning Department.
Councilmember Smith discussed the recycling program
and the possibility of the City, or perhaps an interested
service organization, getting involved next year in helping
out some of the citizens who do not have ways to get their
Christmas trees to the recycling areas.
Water and Sanitation Manager Dow advised that the
City has volunteered a truck for that purpose, and next year
efforts will be coordinated to pick up trees all over town.
335
Bakersfield, California, January 9, 1991 Page 22
Councilmember Brunni requested that an article from
Transit California Magazine regarding the California Transit
Finance Corporation be furnished to the Mayor, Council and
G.E.T. City representatives. She advised that the California
Transit Finance Corporation is a company that allows transit
needs to be met "to finance capital facilities, improvements,
acquire equipment and rolling stock, or simply meet operating
cash flow needs". She stated this is a way to have debt
service and debt financing for transit-type entities, and the
City might want to look into encouraging some of our transit
entities to learn about it.
Councilmember Brunni advised she will be attending
a luncheon sponsored by the Community Connection for Child
Care on March 22, 1991, at 11:30 a.m., at the Stockdale
Country Club. She encouraged any other Councilmembers
interested in attending to do so and stated that, as one of
the larger employers in Bakersfield, it is important to the
City to take the lead in these kinds of issues and show other
employers that the City is committed to child care issues.
In response to Councilmember Brunni's question,
City Manager Hawley provided an update regarding the
horseshoe courts advising that the Council authorized the
horseshoe group to proceed with their construction and since
they have the authorization, the next step would be up to
them.
Councilmember Brunni thanked The
Californian for their editorial on January
politicians.
Bakersfield
1, 1991, regarding
Councilmember McDermott stated he is looking
forward to the day that the Kern River Parkway is not just
parkway along a dry riverbed, but it's a parkway along a
riverbed with running water in it.
Upon a motion by Councilmember McDermott, the issue
of air quality in the San Joaquin Valley was referred to the
Intergovernmental Relations Committee.
Councilmember Peterson spoke regarding a memo
Council received from the Mayor recommending the City
traditionally designate a tree at Christmas time, have a
ceremony and light it officially. He stated it would be a
nice ceremony to add to our City and suggested saving enough
Council Contingency Funds to provide that.
City Manager Hawley advised, with respect to the
Christmas tree, that it can be worked into the budget.
In response to a question by Councilmember DeMond,
City Manager Hawley advised that the City does have a policy
regarding smoking in City buildings and there are certain
designated areas in each building where smoking is allowed.
Upon a motion by Councilmember DeMond, the issue
regarding no smoking in the work place was referred to the
Legislative and Litigation Committee.
Acting City Attorney Sherfy advised that this is
his last meeting as Acting City Attorney and he wished to
thank everybody for the opportunity to serve in that
capacity.
Bakersfield, California, January 9, 1991 - Page 23
Councilmember DeMond thanked Acting City Attorney
Sherfy for taking the Council through an interim period where
there were a lot of controversial issues. Councilmember
DeMond stated that he served ably during this time, and she
appreciated knowing that Mr. Sherfy was still going to be on
staff helping in many areas.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting
was adjourned at 9:45 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