HomeMy WebLinkAbout01/30/1991 MINUTES CCBakersfield, California, January 30, 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., January 30, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers
None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
WORKSHOP
Major Budget Issues Fiscal Year 1991-92.
Mr. John Stinson, Assistant to the City Manager,
outlined the major General Policy Issues and Budget Issues
that will be reviewed by departments in the preparation of
their budget.
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilmember Peterson,
was adjourned to Closed Session at 5:45 p.m.
before the
the meeting
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 30, 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., January 30, 1991.
Present:
Absent:
The meeting was called to order by Mayor Medders.
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54957, regarding Labor
Negotiations with City of Bakersfield's
Chief Negotiator Bill Avery, regarding
Blue and White Collar Unit Negotiations.
Closed Session pursuant to Government
Code Sections 54956.9(b)(1) and 54957,
regarding potential litigation and a
personnel matter.
Closed Session pursuant to Government
Code Section 54956.9(c), regarding
potential litigation.
Upon a motion by Councilmember Peterson, Council
recessed to the City Manager's Conference Room for Closed
Session at 5:50 p.m.
ADJOURNMENT
Upon a motion by Councilmember Brunni, the meeting
for Closed Session was adjourned at 6:58 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, January 30, 1991
the City
Chambers
Minutes of the Regular Meeting of the Council of
of Bakersfield, California, held in the Council
of City Hall at 7:00 p.m., January 30, 1991.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Randy Rankin, Member of the
Board of Trustees, First Assembly of God Church, and the
Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Upon a motion by Councilmember Peterson, the
following item which arose after the Agenda was prepared and
upon which action is necessary was added to the Agenda at
this time, by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Adoption of Resolution No. 6-91 of the
Council of the City of Bakersfield
recognizing the efforts of the Men and
Women serving in the Armed Forces engaged
in "Operation Desert Storm".
Councilmember Peterson read Resolution No. 6-91, as
follows:
Whereas, the sons and daughters of
Bakersfield and Kern County have joined
forces with other citizens from 28
nations in pursuit of the liberation of
Kuwait and peace in the Middle East; and
Whereas, we are proud of our service men
and women who are bravely and skillfully
fighting for freedoms we all hold dear;
and
Whereas, support for our loved ones who
have been called to participate in
"Operation Desert Storm" is uppermost in
the hearts and minds of a preponderance
of our citizens; and
Whereas, we encourage endeavors to keep
our troops safe from harm's way through
efforts of local military and civilian
personnel and have confidence in their
ability to protect universal ideals and
basic human rights; and
Whereas, we support and offer solace to
those families and friends of loved ones
involved in "Operation Desert Storm."
340
Bakersfield, California, January 30, 1991 - Page 2
Now, therefore, be it resolved that the
Mayor and the Council of the City of
Bakersfield recognize the efforts of the
more than 440 men and women from the City
of Bakersfield and the County of Kern who
are serving in the Armed Forces of the
United States and are currently engaged
in the allied effort known as "Desert
Storm" in the Persian Gulf.
It is further resolved that our prayers
and expressions of hope are extended to
our President and military leaders for a
speedy end to hostilities and the
reestablishment of peace in the Middle
East and the quick reuniting of our
American troops with their families,
friends and loved ones.
Upon a motion by Councilmember Peterson, Resolution
No. 6-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Calendar.
CONSENT CALENDAR
The following items were listed on the Consent
ae
be
Approval of Warrant Nos. 5301 to
5886, inclusive, in the amount of
$2,846,623.26, and Self Insurance
Warrant Nos. 1088 to 1235, inclusive,
in the amount of $146,962.80.
Minutes of the Workshop, Closed
Session and Regular Meeting of
December 19, 1990, for approval.
Communications:
Communication from Sequoia
Engineering, Inc., 1430
Truxtun Avenue, Suite 720,
dated December 26, 1990,
requesting amendment to
the Land Use Element of the
Bakersfield Metropolitan
Area General Plan on 40+
acres gross at the
southwest corner of Verdugo
Lane and Noriega Road.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Bakersfield, California, January 30, 1991 - Page 3
o
Communication from B.H.B.,
Inc., 921 Bermuda Street,
dated December 20, 1990,
requesting annexation of
property generally located
on the east side of Jewetta
Avenue, approximately 300
feet north of Brimhall Road,
containing approximately
eight acres. (RECEIVE AND
REFER TO PLANNING COMMISSION)
Communication from Telstar
Engineering, Inc., 5000
California Avenue, Suite
207, dated December 26,
1990, requesting annexation
of property on the east
side of Jewetta Avenue
approximately 300 feet
north of Brimhall Road,
containing eight acres.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from R. A.
Campbell, 3005 Horace Mann
Avenue, dated January 2,
1991, regarding traffic.
(RECEIVE AND REFER TO
TRAFFIC ENGINEER)
Communication from Alexander
& Adams, 1652 Oak Street,
dated January 15, 1991,
requesting a landscape
maintenance district at
Piper Way, Auburn Street
and Eissler Street. (RECEIVE
AND REFER TO PUBLIC WORKS
DEPARTMENT)
Communication from James C.
"Bo" Lundy, ASU & Associates,
5500 Ming Avenue, Suite 160,
dated January 14, 1991,
requesting amendment to the
Land Use Element of the
Bakersfield Metropolitan
Area General Plan for the
area located on the west
side of Oswell between Pico
Street and Bernard Street.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from Terry C.
Gosney, P.O. Box 9989,
dated January 17, 1991,
submitting his resignation
to the Citizen's Parks and
Recreation Committee.
(RECEIVE AND PLACE ON FILE)
Bakersfield, California, January 30, 1991 - Page 4
10.
Communication from B. D.
Lewis, California Water
Service Company, 1920 Eye
Street, dated January 18,
1991, regarding water
conservation and request to
meter all new construction
in the City. (RECEIVE AND
REFER TO URBAN DEVELOPMENT
COMMITTEE)
Communication from
Bakersfield Society for the
Prevention of Cruelty to
Animals, 6851 Edison
Highway, dated January 22,
1991, requesting Council
support the Spay/Neuter
Program. (RECEIVE AND
REFER TO BUDGET AND
FINANCE COMMITTEE)
Communication from City
Manager Dale Hawley, dated
January 22, 1991, informing
the Council of Barbara
Lomas' resignation to the
Citizens' Parks and
Recreation Committee.
(RECEIVE AND PLACE ON FILE)
Dedication of Properties:
Deed No. 3292, Flowage and
Drainage Easement from
John R. Harris, Jr., and
Nettie Rae Harris for
temporary drainage basin
located south of Fairview
Road and east of Monitor
Street.
2 o
Deed No. 3293, Grant Deed
of Easement from Fruitvale
Properties for a landscape
easement along the east
side of Patton Way south
of Hageman Road.
Deed No. 3294, Grant of
Utilities Easement from
Mercy Hospital for a
utility easement located
east of Old River Road and
south of Stockdale Highway.
Grant Deed No. 3295 from
John R. Harris, Jr., and
Nettie Rae Harris for a
portion of a park site
located south of Fairview
Road and east of Monitor
Street.
Bakersfield, California, January 30, 1991 Page 5
Road Deed No. 3296 from
John R. Harris, Jr., and
Nettie Rae Harris for
right-of-way located south
of Fairview Road and east
of Monitor Street.
Road Deed No. 3297 from
John R. Harris, Jr., and
Nettie Rae Harris for a
portion of the south half
of Fairview Road located
east of Monitor Street.
o
Deed No. 3298, Sewer Line
Easement from John Stanley
Antongiovanni, et al. for
new sewer line along Stine
Road from Panama Lane to
McCutcheon Road.
Deed No. 3299, Grant of Easement to
Pacific Gas and Electric Company to
underground utilities on City property
north of Empire Drive within the
proposed Kern River Parkway project.
Final Map and Improvement Agreement
No. 91-11 with Summerhill Farms for
Tract 5310, Unit 1, consisting of 70
lots on 14.92 acres located at the
southeast corner of Fairview Road and
Monitor Street.
Notices of Completion and acceptance
of work for the following:
Contract No. 90-220 with
Safety Electric Corporation
for traffic signal
modification on Coffee Road
at Rosedale Highway,
completed December 21, 1990.
Contract No. 90-171 with A-C
Electric Company for traffic
signal system on San Dimas
at 34th Street, completed
January 10, 1991.
Improvement Agreement No.
90-164 with Oceanic
Communities, Inc., for
Tract No. 5128, located at
the intersection of Haggin
Oaks Drive and Limoges Way,
completed December 28, 1990.
Improvement Agreement No.
90-121 with Dennis W.
DeWalt, Inc., for Tract No.
5033, Unit 2, located at
the intersection of Hageman
Road at Calloway Drive,
completed December 28, 1990.
Bakersfield, California, January 30, 1991 - Page 6
Improvement Agreement No.
90-134 with Coleman Homes
for Tract No. 4734, Unit 3,
located at the intersection
of So. "H" Street at
Pacheco Road, completed
December 28, 1990.
Improvement Agreement No.
90-135 with Coleman Homes
for Tract 4734, Unit 4,
located at the intersection
of South "H" Street at
Pacheco Road, completed
December 28, 1990.
Approval of Plans and Specifications
for the following:
Traffic Signal Modification
on Hughes Lane at Wilson
Road.
o
Stine Road - McCutcheon
Road Interceptor Sewer.
Agreement Nos. 91-12, 91-13, 91-14,
91-15, and 91-16, Approval of Program
Supplement Nos. 3, 4, 5, 6 and 7 to
State-Local Master Agreement for
State participation in locally funded
projects.
REMOVED FOR SEPARATE CONSIDERATION.
Agreement No. 91-17 with Kern Union
High School District for use of City
pools and softball facilities during
the school year.
Landscape Maintenance Agreement No.
91-18 with County of Kern for Tract
4940 (County Service Area No. 71,
Zone of Benefit No. 8).
Use of Gas Tax Savings for the
acquisition of a tape backup for
Computer Aided Design/Drafting
System.
the
Upon a motion by Councilmember DeMond, Item j. of
the Consent Calendar, Agreement with Ed Rodgers to provide
auctioneer services for miscellaneous surplus equipment, was
removed for separate consideration immediately following the
Consent Calendar.
Upon a motion by Councilmember DeMond, Items a, b,
c, d, e, f, g, h, i, k, 1 and m of the Consent Calendar, with
the removal of Item j, were adopted by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, January 30, 1991 - Page 7
Agreement with Ed Rodgers to provide
auctioneer services for miscellaneous
surplus equipment.
Councilmember DeMond made a motion to refer this
item back to staff for a redraft.
City Manager Hawley suggested revising paragraph 3.
of the Agreement to read: "Said property to be located and
sold at a location approved by the City Building Director."
Councilmember DeMond requested that this item be
delayed until the next Council meeting.
PUBLIC STATEMENTS
Mr. Timothy R. Hemphill, Executive Director of the
Greater Bakersfield Convention & Visitors Bureau, 1033
Truxtun Avenue, submitted for the record an Executive Summary
report regarding the Bureau's Tourism Economic Action Plan to
the City Clerk and distributed copies to the City Council for
their review. He spoke regarding the future of tourism in
Bakersfield and the Bureau's efforts to extend it's impact on
the local economy. He asked that Council give consideration
to investing, over the course of five years, an increase in
the percentage of the Transient Occupancy Tax from 9 percent
to 14 percent dedicated to the Bureau. Mr. Hemphill also
requested that the Bureau be allowed to present a full report
to the Budget and Finance Committee for consideration during
budget deliberations.
Upon a motion by Councilmember McDermott, the issue
of the Tourism Economic Action Plan from the Greater
Bakersfield Convention & Visitors Bureau was referred to the
Budget and Finance Committee.
Mr. Timothy Hemphill presented the Councilmembers
with a Ben Hogan golf hat and advised that the Ben Hogan
Bakersfield Open Golf Tournament is currently going on in
Bakersfield this week.
Mr. Donald Lora, 2811 20th Street, stated he would
like to go on record that he and his wife are here, along
with many other citizens who will be part of the historic
preservation concerns. He also spoke regarding the auction
lot at 24th and "M" Streets, and encouraged Council to
consider moving that location or to screen it off in some
way.
Mr. Ken Sewell, 212A Brink Drive, asked about the
status of the frozen facade improvement funds and wanted to
know when the funds are going to be released.
Economic Development Director Wager advised that
his department is trying to incorporate the facade
improvement program and find funds for that program in the
1991-92 budget. He stated there are no funds in an account
somewhere waiting for a facade grant or waiting for the
program to be reactivated. It would be part of the 1991-92
budget.
Councilmember DeMond suggested the need for
dialogue with staff and the Downtown Business Association
regarding the facade improvement program.
Bakersfield, California, January 30, 1991 - Page 8
Mr. Bruce Keith, 1820 Brundage Lane, Suite "C",
advised that the Historic Preservation Commission would like
to go on record as being in support of the Historic
Preservation Ordinance but it feels that the 75 percent to
initiate public dialogue is onerous. He further advised the
Historic Preservation Commission would like to see the
percentage reduced, even if it doesn't go back to the 60
percent the Commission has proposed, to perhaps a more
reasonable percentage of 66-2/3.
Ms. Susan Benham, 1931 Cedar Street, spoke in
support of historic preservation.
Hr. Jim Parker, 2330 20th Street, spoke regarding
the Historical Preservation Ordinance.
Ms. Joann Spencer Brown, 1321 "N" Street, spoke
regarding historic preservation and passed out a newspaper
article written about her home in 1986. She advised she was
at tonight's meeting to protest fees.
Planning Director Hardisty advised the fee is to
recover costs in the processing of applications to establish
districts, or to have specific sites or structures designated
as historic sites, and to recover the cost of publishing the
notices of public hearings which will be conducted before the
Historic Preservation Commission and the City Council, and to
recover the cost of the analysis and the review of the
application.
Mr. Kenneth Reed, 4008 Erin Court, representing the
Downtown Business Association, spoke in support of the
Historic Preservation Ordinance but in opposition to the 75
percent needed to initiate the public forum process for the
discussion of a historic district.
Ms. Janet Newton, 2115 22nd Street, spoke in
support of historic preservation and the 60 percent figure.
Ms. Ruth Adams, 2311 19th Street, spoke in support
of stabilized zoning and historic preservation but in
opposition to the 75 percent figure.
Mr. Larry Adams, 2311 19th Street, spoke in support
of historic preservation but in opposition to a fee being
charged for processing applications.
Mr. Michael McCarthy, 816 "C" Street, spoke
regarding historic preservation and stated he supported the 60
percent number.
HEARINGS
This is the time set for protest hearing
before the Council for the purpose of
hearing objections from any person owning
real property within the territory
designated as Quantico No. 1, on the
matter of annexation of such property to
the City of Bakersfield (Ward 1).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Bakersfield, California, January 30, 1991 - Page 9
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and
no one wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Adoption of Resolution No. 7-91 of the
Council of the City of Bakersfield making
findings that no written protest has been
filed and ordering the territory designated
as Proceeding No. 1047, Annexation No. 337
(Quantico No. 1), annexed to the City of
Bakersfield (Ward 1).
Upon a motion by Councilmember Edwards, Resolution
No. 7-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
(HEARINGS ARE CONTINUED ON PAGE 11)
DEFERRED BUSINESS
Upon a motion by Councilmember DeMond, the
following Deferred Business items were moved forward to
heard at this time.
be
Adoption of Ordinance No. 3337 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 was given first reading at the
meeting of January 9, 1991.
Councilmember Peterson made a motion to adopt
Ordinance No. 3337 of the Council of the City of Bakersfield.
Councilmember DeMond advised if the Ordinance
passes, she wanted to make a motion to direct the Historic
Preservation Commission to pursue with the Planning Director
and his staff to see what would be feasible fee structures.
She also suggested that perhaps the procedures could be
simplified so there would not be a necessity of going through
all of the hearings and publications that are currently on
line.
Councilmember Salvaggio respectfully requested that
the Mayor inform the audience of the next Item on the Agenda.
Mayor Medders directed City Clerk Williams to read
the Agenda Item, as follows:
An Ordinance of the Council of the City
of Bakersfield amending Chapter 15.72 of
the Bakersfield Municipal Code relating
to Historical Preservation.
Bakersfield, California, January 30, 1991 - Page 10
This Ordinance was given first reading at
the meeting of January 9, 1991 with the
Urban Development Committee Report No. 1-91.
Minor revisions were made at that meeting
regarding qualifications of Historic
Preservation Commission members and fees
for filing of appeals. The Ordinance has
been corrected to reflect these changes.
Councilmember
consider charging a fee
of public hearings, and
Finance Committee.
McDermott requested that staff
to people who ask for postponements
to report back to the Budget and
Upon a motion by Councilmember Peterson, Ordinance
No. 3337 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers
Noes: Councilmembers
Abstain: None
Absent: None
Smith, Brunni, Peterson, McDermott
Edwards, DeMond, $alvaggio
Upon a motion by Councilmember DeMond staff was
requested to meet with the Historic Preservation Commission
to look at the procedures that will be followed in securing
historic preservation and attempt to make that procedure as
cost-effective as possible, and to report back to Council
with the recommendations.
Adoption of Ordinance No. 3338 of the
Council of the City of Bakersfield
amending Chapter 15.72 of the Bakersfield
Municipal Code relating to Historical
Preservation.
This Ordinance was given first reading at the
meeting of January 9, 1991, with Urban Development Committee
Report No. 1-91. Minor revisions were made at that meeting
regarding qualifications of Historic Preservation Commission
members and fees for filing of appeals. The Ordinance has
been corrected to reflect these changes.
Councilmember Peterson made a motion to adopt
Ordinance No. 3338 of the Council of the City of Bakersfield.
Councilmember DeMond made a substitute motion to
change the 75 percent needed on a request for designation be
changed to 60 percent.
Councilmember McDermott suggested the Ordinance be
amended to include the following: to change the 75 percent
to two-thirds; to add a section requiring a two-thirds vote
of the Council to generate the historic district application;
and by deleting, on page 5, Section 15.72.040.B., except for
the last sentence.
Councilmember Peterson amended his original motion
to include Councilmember McDermott's recommended changes.
Bakersfield, California, January 30, 1991 - Page 11
The substitute motion by Councilmember DeMond to
amend the Ordinance to change the 75 percent needed on a
request for designation to 60 percent failed by the following
roll call vote:
Ayes: Councilmembers Edwards, DeMond, Salvaggio
Noes: Councilmembers Peterson, Smith, Brunni, McDermott
Abstain: None
Absent: None
For the record, Councilmember McDermott restated
his recommended amendments, as follows:
On page 5, Section 15.72.040.B., beginning
with the word "The", striking until the
last sentence and ending with the word
"builders", so that B. would read: "All
members shall be residents of the city."
On page 9, Section 15.72.080.B., line 5,
striking the words "seventy-five percent
(75%)" and adding the words "two-thirds
(2/3)", and at the end of Subsection B.,
adding the line: "An application
initiated by the City Council shall
require two-thirds (2/3) approval of the
Council."
Upon a motion by Councilmember Peterson, Ordinance
No. 3338 of the Council of the City of Bakersfield was
adopted with the amendments recommended by Councilmember
McDermott, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Brunni, Peterson, McDermott
Councilmembers Edwards, DeMond, Salvaggio
None
None
Upon a motion by Councilmember Peterson, the
meeting recessed at 9:10 p.m. and reconvened at 9:25 p.m.
(DEFERRED BUSINESS IS CONTINUED ON PAGE 14)
HEARINGS (Continued)
This is the time set for public hearing
to consider an appeal by Simpson-VanCuren,
Inc., to the decision of the Planning
Commission condition Xl.G (Public Works)
of Tentative Tract 5424 relating to
improving access to a future park by
requiring additional park frontage along
the easterly extension of Pebbles Drive to
Saddle Drive.
This hearing has been duly advertised, posted and
property owners notified as required by law.
been
1991,
1991.
City Clerk Williams advised that correspondence has
received from Community Construction dated January 30,
requesting the hearing be continued to February 13,
Mayor Medders declared the hearing open for public
participation.
Bakersfield, California, January 30, 1991 - Page 12
Councilmember Brunni made a motion to continue the
hearing to the meeting of February 13, 1991, at the request
of the applicant.
Councilmember Smith expressed her concerns
regarding the expense involved and the volume of paperwork
that has to be recopied and redistributed whenever a hearing
item is continued, and she asked for suggestions from staff.
City Manager Hawley stated during the review of
MSI items, this issue will be looked at, and it will be
considered during the budget hearing process.
the
Councilmember DeMond suggested that when staff is
aware of an applicant's interest in continuing a hearing, it
might be suggested to continue it for perhaps 30 days rather
than two weeks.
City Manager Hawley suggested instead of the
Councilmembers throwing away their packet material after the
meeting, that they leave it in the binders in the event there
is some that can be re-used for the following meeting.
Upon a motion by Councilmember Brunni, this hearing
was continued to the meeting of February 13, 1991, at the
request of the applicant.
ACTION ON BIDS
Engine Analyzer and Smog Tester for
Public Works. (Replacement)
Upon a motion by Councilmember DeMond, all bids
were rejected.
Three Street Patch Rollers for Public
Works. (Replacement)
Upon a motion by Councilmember Peterson, the low
bid from Bakersfield Compaction in the amount of $30,210.00
was accepted and the other bids rejected.
Two Vans with 30-foot Aerial Devices.
(One replacement vehicle for traffic
signal and existing street light
maintenance and one additional vehicle
for new street light maintenance
program.)
Upon a motion by Councilmember DeMond, the low bid
from Mobile Equipment Company in the amount of $92,246.50 was
accepted, the other bid rejected, the transfer of $50,000.00
from the Public Works General Fund operating budget and the
appropriation of $50,000.00 to the Public Works operating
budget within the Equipment Management Fund authorized, by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Councilmember Brunni requested when the cost of
acquiring the street lights is being looked at, that the cost
of purchasing the truck for the new street light maintenance
program is included in that breakdown.
Bakersfield, California, January 30, 1991 - Page 13
Approval of Annual Contract No. 91-19
with AmeriGas Propane for Propane.
Upon a motion by Councilmember Peterson, the low
bid from AmeriGas Propane in the amount of $26,044.20 was
accepted, the other bid rejected and the Mayor authorized to
execute the Contract.
Approval of Annual Contract No. 91-20
with Safeway Sign Company for Traffic
Signs.
Upon a motion by Councilmember McDermott, the low
bid from Safeway Sign Company in the amount of $28,289.28 was
accepted, the other bids rejected and the Mayor authorized to
execute the Contract.
Approval of Annual Contract No. 91-21
with Kern Turf Supply, Inc., for PVC
Pipe and Sprinklers.
Upon a motion by Councilmember Salvaggio, the low
bid from Kern Turf Supply, Inc., in the amount of $45,328.02
was accepted, the other bids rejected and the Mayor
authorized to execute the Contract.
Approval of Annual Contract No. 91-22
with Granite Construction Company for Oil
Sand for Public Works.
Upon a motion by Councilmember Peterson, the low
bid from Granite Construction Company in the amount of
$182,500.00 was accepted, the other bids rejected and the
Mayor authorized to execute the Contract.
Approval of Contract No. 91-23 with
Kenko, Incorporated, for Stine and
McCutcheon Roads Interceptor Sewer
construction and appropriation therefor.
Councilmember McDermott thanked staff for attending
to this issue so quickly.
Upon a motion by Councilmember McDermott, the low
bid from Kenko, Incorporated, in the amount of $1,006,330.00
was accepted, all other bids rejected, the appropriation of
$1,100,000.00 fund balance to the Public Works Capital
Improvement budget within the Sewer Enterprise Fund was
authorized and the Mayor authorized to execute the Contract,
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 8-91 of the
Council of the City of Bakersfield
determining that certain Radio
Communication Equipment can be reasonably
obtained from only one vendor, Motorola
C & E, and authorizing the Finance
Director to dispense with bidding
therefor, not to exceed $493,180.00.
Bakersfield, California, January 30, 1991 Page 14
Upon a motion by Councilmember DeMond, Resolution
No. 8-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Adoption of Resolution No. 9-91 of the
Council of the City of Bakersfield
determining that certain telephone
equipment can be reasonably obtained
from only one vendor, Ericson Business
Communications, and authorizing the
Finance Director to dispense with
bidding therefor, not to exceed $28,000.00.
Upon a motion by Councilmember Peterson, Resolution
No. 9-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
DEFERRED BUSINESS (Continued)
Adoption of Zoning Resolution No. 390 of
the Council of the City of Bakersfield,
upon the appeal of Charles and Leora
Adams, overturning the decision of the
Planning Director to condition a garage
conversion by requiring that the
applicant provide two off-street parking
spaces behind the front yard setback
area on that property located at 3304
Pomona Street.
This Resolution sets forth the decision of the
Council following the public hearing on the matter held on
October 17, 1990.
Upon a motion by Councilmember Smith, Zoning
Resolution No. 390 of the Council of the City of Bakersfield
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, January 30, 1991 - Page 15
Adoption of Zoning Resolution No. 391 of
the Council of the City of Bakersfield
approving and adopting Negative
Declaration and approving Conditional Use
Permit (CUP No. 5080) requested by Marion
Collins to allow large assemblies of
people for events other than automobile
racing including, but not limited to,
concerts and motor sports events not
to extend beyond March 14, 1994, in an
R-S-2½ A (Residential Suburban Two and
One-Half Acre) Zone.
This Resolution sets forth the decision of the
Council following the Public Hearing on the matter held on
December 19, 1990.
Upon a motion by Councilmember Smith, Zoning
Resolution No. 391 of the Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Zoning Resolution No. 392 of
the Council of the City of Bakersfield,
upon the appeal of Ruben Bartell,
overturning the decision of the Planning
Commission to allow only medical-related
uses of a C-2 (Commercial) Zone approved
on those certain properties in the City
of Bakersfield consisting of 39+/- acres
generally located south of Brimhall Road,
approximately 700 feet west of Coffee
Road, and prohibiting development until a
PCD (Planned Commercial Development) is
adopted on said property.
This Resolution sets forth the decision of the
Council following the Public Hearing on the matter held on
January 9, 1991.
In response to a question by Councilmember Brunni,
Planning Director Hardisty advised that the City relies on
the State law that requires the seller disclose any defect in
property at the time of sale, and since a PCD restriction
would be considered a defect, any failure to disclose that
defect would be a cause for action against the seller of the
property and would not involve the City.
Upon a motion by Councilmember Brunni, Zoning
Resolution No. 392 of the Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, January 30, 1991 - Page 16
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and City
Zoning Map No. 123-18 by prezoning that
certain property located south of White
Lane, east of Buena Vista Road contiguous
to the boundary of the City of Bakersfield
known as the Buena Vista No. 4 Annexation.
(Ward 4)
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 12.17+/- acres of
the Buena Vista No. 4 Annexation as a C-1 (Limited
Commercial) Zone.
First Reading of an Ordinance 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 south of the
Arvin-Edison Canal to Hosking Avenue,
west of Wible Road contiguous to the
boundary of the City of Bakersfield
known as the Wible No. 8 Annexation.
(Ward 6)
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 97.41+/- acres of
the Wible No. 8 Annexation as an R-1 (One Family Dwelling)
Zone and C-1 (Limited Commercial) Zone.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code adopting (1)
Zoning Map #101-13 with the approved
zoning upon annexation designations
located south of Reina Road, west of
Jewetta Avenue, east of Allen Road to
Hageman Road, and (2) Zoning Map #123-35
with the approved zoning upon annexation
designations located south of Hosking
Avenue, west of Wible Road, east of Stine
Road to Taft Highway.
This Ordinance amends Title 17 of the Bakersfield
Municipal Code.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Title Seventeen of the
Bakersfield Municipal Code and Zoning
Map No. 102-32 by changing the Land Use
Zoning of that certain property in the
City of Bakersfield located on the South
Side of Brimhall Road approximately 700
Feet West of Coffee Road from an M-2
(General Manufacturing) Zone to a C-2
(Commercial) Zone.
Bakersfield, California, January 30, 1991 Page 17
The Planning Commission, on September 6, 1990,
approved the negative declaration and zone change requested
by Ruben Bartell (Martin-Mcintosh) on 30+/-acres from an M-2
(General Manufacturing) Zone to a C-2 (Commercial) Zone with
restrictions to allow only medical-related and medical
support services in accordance with the EIR for the Mcintosh
Plan in that area.
Adoption of Resolution No. 10-91 of the
Council of the City of Bakersfield
setting the time and date for hearing a
Report of the Building Director concerning
the demolition of dangerous buildings, and
hearing protests or objections thereto.
This Resolution sets the public hearing for the
Council meeting of February 13, 1991.
Upon a motion by Councilmember Peterson, Resolution
No. 10-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 11-91 of the
Council of the City of Bakersfield
amending the Official List of Designated
Speed Zones, pursuant to Section 10.24.020
of the Bakersfield Municipal Code.
Councilmember Brunni requested the Public Works
Department work with her to further reduce the speed on North
Laurelglen Boulevard.
Upon a motion by Councilmember Edwards, Resolution
No. 11-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution of Application
No. 12-91 of the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
342, Oakhaven No. 1 Annexation. (Ward 4)
Upon a motion by Councilmember Brunni, Resolution
of Application No. 12-91 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, January 30, 1991 - Page 18
Adoption of Resolution of Application
No. 13-91 of the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
344, Hosking No. 2 Annexation. (Ward 6)
Upon a motion by Councilmember McDermott,
Resolution of Application No. 13-91 of the Council of
City of Bakersfield was adopted by the following roll
vote:
the
call
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution of Application
No. 14-91 of the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
345, Hosking No. 3 Annexation. (Ward 6)
Upon a motion by Councilmember McDermott,
Resolution of Application No. 14-91 of the Council of the
City of Bakersfield was adopted by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution of Application
No. 15-91 of the Council of the City of
Bakersfield proposing proceedings for
annexation of territory to the City of
Bakersfield identified as Annexation No.
343, Stine No. 7 Annexation. (Ward 6)
Upon a motion by Councilmember McDermott,
Resolution of Application No. 15-91 of the Council of the
City of Bakersfield was adopted by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 16-91 of the
Council of the City of Bakersfield
endorsing application for a Division of
Recycling Grant for the Sanitation
Division to initiate a Dropoff Recycling
Program.
Bakersfield, California, January 30, 1991 - Page 19
Upon a motion by Councilmember DeMond, Resolution
No. 16-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 17-91 of the
Council of the City of Bakersfield
endorsing application for an Urban
Streams Restoration Grant and determining
appropriate environmental impact
documents, conditionally accepting grant,
if offered, and designating contract
manager and fiscal agent for improvements
along the Kern River Parkway.
Upon a motion by Councilmember Brunni, Resolution
No. 17-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Approval of Agreement No. 91-24 with the
County of Kern, State of California, for
modification, operation and maintenance
of traffic control signal systems and
lighting at the intersection of South
Union Avenue and White Lane.
Upon a motion by Councilmember Salvaggio, Agreement
No. 91-24 with the County of Kern, State of California, was
approved and the Mayor authorized to execute the Agreement.
Approval of Agreement No. 91-25 with
Ecosource International, Inc., and
Community Environmental Council for
Solid Waste Planning Services.
Upon a motion by Councilmember Peterson, Agreement
No. 91-25 with Ecosource International, Inc., and Community
Environmental Council was approved and the Mayor authorized
to execute the Agreement.
Horseshoe Courts at Beach Park.
Upon a motion by Councilmember Brunni, the Park and
Recreation Citizens' Committee recommendation was adopted and
staff was directed to work with the Bakersfield Shoe Crew to
meet their goal.
One (1) appointment to the Board of
Zoning Adjustment.
Upon a motion by Councilmember Peterson, City
Attorney Lawrence Lunardini was appointed to the Board of
Zoning Adjustment.
Bakersfield, California, January 30, 1991 - Page 20
One (1) appointment to the Central
District Development Agency due to the
resignation of Robert D. Watson, term
expiring April 22, 1991.
Mayor Medders advised he would not make the
appointment this evening.
Resolution No. 18-91 of the Council of
the City of Bakersfield specifying that,
unless excluded by Council, all portions
of the proposed Akers No. 4 Annexation
shall, upon annexation to the City of
Bakersfield, be included within the
Greater Bakersfield Separation of Grade
District and setting hearing for
objections thereto (Ward 6).
This Resolution initiates proceedings to include
Akers No. 4 within the Greater Bakersfield Separation of
Grade District and sets Wednesday, March 13, 1991, as the
date for protest hearing on the matter.
At the request of Councilmember Brunni, Mr. Joe
Garone was recognized and asked if any fees or assessments
accrue to this property upon annexation to the Separation of
Grade District.
Public Works Director Schulz advised there are
fees but there is a very small, nominal tax that was in
existence prior to the adoption of Proposition 13.
no
Upon a motion by Councilmember McDermott,
Resolution No. 18-91 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Councilmember Brunni stated for the record she
cannot vote on Resolution No. 18-91 due to a conflict of
interest.
Councilmember McDermott made a motion to reconsider
Resolution No. 18-91.
conflict
from the
Councilmember Brunni advised, due to a legal
of interest, the record must reflect she is absent
vote on Resolution No. 18-91.
Upon a motion by Councilmember McDermott,
Resolution No. 18-91 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Bakersfield, California, January 30, 1991 - Page 21
Upon a motion by Councilmember Smith, the following
item which arose after the Agenda was prepared and upon which
action is necessary was added to the Agenda at this time by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 19-91 of the
Council of the City of Bakersfield
ordering the summary vacation of the
remainder portion of the Mt. Vernon
Avenue frontage road, north of Bernard
Street.
Upon a motion by Councilmember Smith, Resolution
No. 19-91 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
COUNCIL STATEMENTS
Councilmember DeMond requested that two letters
from Senator Bill Leonard of the State Senate to Mayor
Medders regarding drug issues be referred to Police Chief
Patterson and the City Attorney's Office for review. She was
advised that staff has already responded to those letters, so
no action was required.
Upon a motion by Councilmember Salvaggio, the
Ordinance relating to the Citizen's Parks and Recreation
Committee was referred to the Auditorium and Community
Services Committee for review, specifically with respect to
the qualification that members must be residents of the City
of Bakersfield instead of residents of specific wards.
Councilmember Salvaggio requested that the
Legislative and Litigation Committee review Senate Bill 169,
which would repeal the charging of cities for booking
prisoners and tax collection, and report back to the Council
as soon as possible as to whether or not Council should take
a support position on the legislation.
Councilmember Salvaggio advised that a letter was
received from Gordon R. Porter, Interim Director of the M. L.
Case Center at Bakersfield College, regarding a school
function on the evening of February 7, 1991, in which Roger
Smith will be performing a 20-minute excerpt from his show at
the reception in honor of Black History Week. Councilmember
Salvaggio requested that Council direct staff to approve
payment of the cost of the tickets, which are $25 per person,
for any Councilmember who would like to attend the function.
No action was taken on this matter.
Bakersfield, California, January 30, 1991 - Page 22
Councilmember Salvaggio spoke regarding a report
from the Bakersfield Airport Manager, Robert Olislagers,
regarding the expansion of the runway that was recently
completed. He stated there have been some strong concerns
expressed by residents in the Rexland Acres area regarding
the impact that the expansion has had on their neighborhood.
Councilmember Salvaggio advised he wanted to let staff and
the Council know that he is going to be asking staff some
more questions regarding the concerns raised by those
residents and regarding the contents of Mr. Olislagers'
report.
Councilmember Salvaggio spoke regarding the
Historic Preservation Ordinance and expressed his concern
about the documentation generated between March of 1990 and
January 9, 1991, that the full Council did not receive. He
felt that since there were major changes, there should have
been a report back from the Urban Development Committee to
the full Council. Councilmember Salvaggio further stated he
would hope that, in the future, particularly on issues that
were potentially controversial and emotional, there is
dialogue between a respective committee and the full Council,
and also with respect to receiving the paperwork that goes
along with those issues.
Upon a motion by Councilmember McDermott, the issue
regarding funding for the Underground Storage Tank Program
was referred to the Budget and Finance Committee.
Upon a motion by Councilmember McDermott, the issue
of the salaries and benefits of the Management Group was
referred to the Budget and Finance Committee to make
recommendations back to the Council.
Councilmember Salvaggio requested City Attorney
Lunardini check into the issue, and get back to Council as
soon as possible, regarding whether it is illegal for the
representatives of the Management Group to meet with the full
Council and, if this happens, does it set a precedent for the
employee unions to meet with a committee.
Councilmember Brunni spoke regarding a copy of a
press release she received issued out of Governor Wilson's
office on January 18, 1991, regarding the creation of the
Council on Growth Management. She referred the matter to
staff requesting they research the issue, and analyze and
contrast it to legislation being proposed in the Legislature,
specifically AB 3 regarding regional government.
Councilmember Brunni further stated she would like to see our
City involved and take an active role in this new process
created by our government to ensure that our interests are
protected.
Councilmember Brunni advised she will be riding
with the Fire Department on Friday, Pebruary 1, and Saturday,
February 2. She stated she is very much looking forward to
the opportunity and appreciates the invitation to do so.
Councilmember Smith requested the Traffic Committee
check into putting a left-turn signal on Haley Street, at
Columbus, due to a number of accidents that have occurred
there, including one fatality on Saturday, January 26, 1991.
Bakersfield, California, January 30, 1991 - Page 23
Upon a motion by Councilmember Smith, the matter of
fireworks, during this particular Fourth of July and drought
season, was referred to the Urban Development Committee.
In response to a question by Councilmember Edwards,
Planning Director Hardisty advised the detailed census
information that the Council would need for redrawing the
ward boundary lines would be available April 1, 1991.
Councilmember Edwards suggested that the Council,
as a whole, propos the ward boundary lines based on the
information provided by staff and avoid the kind of political
designs that have happened in the past.
Councilmember McDermott suggested that staff
develop the information and then, to follow procedures adopted
in the past, it should go through the Urban Development
Committee.
Councilmember DeMond advised her recollection
regarding redistricting was that it was done with an ad hoc
committee.
Councilmember Peterson asked which committee
currently dealing with the issue of smoking in public
buildings, and was advised it was the Legislative and
Litigation Committee.
is
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned at 10:35 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY C~LERK a~n~ Ex/~Offici~ the
Council of the City of Bakersfield, CA
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