Loading...
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 ndw