HomeMy WebLinkAbout03/13/1991 MINUTES CCBakersfield, California, March 13, 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., March 13, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards (seated at 5:18), DeMond
(seated at 5:18), Smith (seated at
5:18), Brunni (seated at 5:23),
Peterson, McDermott, $alvaggio
(seated at 5:18)
None
WORKSHOP
High Speed Rail/Light Rail Update.
Public Works Director Schulz introduced Mr. Ron
Brummett, Assistant Executive Director of Kern COG, who spoke
about rail studies and presented a 14-minute video regarding
light rail and its use in other communities.
Councilmember DeMond left the Workshop at 5:20 p.m.
Business Licenses.
Councilmember McDermott did not participate in this
segment of the Workshop and left the meeting at 5:30 p.m.
Treasurer Bill Descary introduced himself, advising
that he oversees the day-to-day administration of the City's
Business License Ordinance under the direction of Finance
Director Klimko. He also introduced Supervisory Accountant
Melanie Duis, advising that she helps with the administration
of the Ordinance and also played a large role in the analysis
of the data in preparation of the slide presentation made
this evening.
Treasurer Descary then gave some background
information regarding business license ordinances and
provided an overview of the current Business License
Ordinance in relation to the rate changes in the proposed
business license ordinance.
Councilmember Smith left the Workshop at 5:45 p.m.
Mayor Medders left the Workshop at 5:45 p.m., and
Vice Mayor Peterson chaired the meeting at this time.
Councilmember Salvaggio left the Workshop at
5:56 p.m.
Councilmember McDermott returned to the Workshop at
5:59 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Brunni, the meeting
was adjourned to Closed Session at 5:59 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLER a Ex Officio Clerk of the
Council of the City of Bakersfield, CA
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Bakersfield, California, March 13, 1991
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 6:00 p.m., March 13, 1991.
The meeting was called to order by Mayor Medders.
Present: Councilmembers Edwards, Brunni, Peterson, McDermott
Absent: Councilmembers DeMond, Smith, Salvaggio
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.9(b)(1), regarding
potential litigation.
Closed Session pursuant to Government
Code Section 54957 regarding Annual
Review of the City Manager.
Upon a motion by Councilmember Brunni, Council
recessed to the City Manager's Conference Room for Closed
Session at 6:00 p.m.
meeting
ADJOURNMENT
Upon a motion by Councilmember Peterson, the
for Closed Session was adjourned at 6:36 p.m.
CA
ATTEST:
Council of the City of Bakersfield, CA
ndw
403
Bakersfield, California, March 13, 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., March 13, 1991.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Ken Keith, Member of the Board
of Deacons, First Assembly of God Church, and the Pledge of
Allegiance.
Assistant City Clerk Gafford called the roll as
follows:
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Calendar:
CONSENT CALENDAR
The following items were listed on the Consent
Ce
Approval of Warrant Nos. 6943 to
7412, inclusive, in the amount of
$2,188,366.62, and Self Insurance
Warrant Nos. 1454 to 1581, inclusive,
in the amount of $99,186.28.
Minutes of the Workshop, Closed
Session and Regular Meeting of
February 13, 1991, for approval.
Communications:
Communication from Brown,
Waits & Armstrong, 4100
Truxtun Avenue, Suite 200,
received March 5, 1991,
regarding Independent
Auditor's Report on
Internal Control Structure
Related Matters noted in a
financial statement audit
conducted in accordance
with "Government Auditing
Standards". (RECEIVE AND
REFER TO FINANCE DEPARTMENT)
Communication from Planning
Director Jack Hardisty,
dated March 15, 1991,
regarding "Transportation
Development Fee" report by
Kern Council of Governments.
(RECEIVE AND REFER TO
INTERGOVERNMENTAL RELATIONS
COMMITTEE TO COORDINATE CITY
AND COUNTY CONSIDERATION AND
REFER TO PLANNING COMMISSION
FOR STUDY OF DETAILS AND
REPORT AND RECOMMENDATION)
-04
Bakersfield, California, March 13, 1991 - Page 2
Dedication of Properties:
Street Right-of-Way Deed
No. 3311 from MTK Corporation
of America for additional
street right-of-way at the
northeast corner of California
Avenue and Chester Avenue.
Deed No. 3312, Temporary
Flowage Easement from
Panorama Highlands Development
Company for a temporary
drainage basin located south
of Panorama Drive and west of
Morning Drive.
Notices of Completion and acceptance
of work:
Contract No. 90-157 with
Granite Construction
Company for traffic signal
modification on Belle
Terrace at South Chester
Avenue, completed February
21, 1991.
Contract No· 90-260 with
Halopoff & Sons, Inc., for
construction of Kern River
Parkway parking lot,
completed February 19, 1991.
Contract No. 89-250 with
Buena Vista Development for
Tract No. 4861, landscaping,
located at Buena Vista Road
south of White Lane, completed
March 1, 1991.
Contract No. 91-3 with William
and Patty Alexander, et al.,
for Tract No. 5156, located at
Auburn and Eissler Streets,
completed March 1, 1991.
Contract No. 90-214 with
Coleman Homes, Inc., for
Tract No. 5035, Unit 2,
located at Brimhall Road
and Coffee Road, completed
March 5, 1991.
Agreement No. 91-40 with Pacific Gas
and Electric Company for the
relocation of substation located at
the southwest corner of Panama Lane
and South "H" Street.
Agreement No. 91-41 with Ed Rodgers
to provide auctioneer services for
surplus equipment.
Bakersfield, California, March 13, 1991 Page 3
Consultant's Agreement No. 91-42 with
Boyle Engineering Corporation for
design services for the expansion and
upgrade of Wastewater Treatment Plant
2.
Improvement Agreement No. 91-43 with
Southwest Contractors for Parcel Map
No. 8337 located at the northeast
corner of Downing Avenue and Coffee
Road.
j o
Authorize the appropriation of
$10,800 SB 90 revenues to the Finance
Department operating budget in the
General Fund to provide cost
accounting services for State
Mandated Cost Reimbursement claims
(David M. Griffith).
Upon
c, d, e, f, g,
adopted by the
a motion by Councilmember Brunni, Items a, b,
h, i and j of the Consent Calendar were
following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
PUBLIC STATEMENTS
Assistant Chief Bob Rudder of the Bakersfield
Police Department spoke regarding the upcoming First Annual
K-9 Competition to be held at 8:00 a.m., Saturday, March 16,
1991, at the West High School Football Stadium. On behalf of
Police Chief Patterson and the members of the Police
Department, Assistant Chief Rudder presented the
Councilmembers with a T-shirt and a copy of the program, and
encouraged each member of the Council and the community to
attend the competition.
HEARINGS
Protest hearing for the Akers No. 4
Annexation to the City of Bakersfield and
of inclusion of all portions of the
proposed Akers No. 4 into the Greater
Bakersfield Separation of Grade District
(Ward 6).
This hearing has been duly advertised, posted and
property owners notified as required by law.
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.
Bakersfield, California, March 13, 1991 - Page 4
Adoption of Resolution No. 33-91 making
findings that no written protest has been
filed and ordering the territory designated
as Proceeding No. 1049, Annexation No. 338,
Akers No. 4, annexed to the City of
Bakersfield and included in the Greater
Bakersfield Separation of Grade District
(Ward 6).
Upon
Resolution No.
vote:
a motion by Councilmember McDermott,
33-91 was adopted by the following roll
call
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
(THIS HEARING IS CONTINUED ON PAGE 5)
Hearing on an appeal by Rickett, Ward,
Delmarter and Deifel to the decision of
the Planning Commission conditions of
Tentative Parcel Map No. 9462 (Public
Works Condition No. VIII.A) and Tentative
Tract No. 5450 (Public Works Condition
No. VIII.C.i.a) requiring the developer
to construct a full-width landscaped
median island, additional travel lane and
offsite transitional paving on Wible Road.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Jim Delmarter, representing the owners of the
property, advised that he has met with the Public Works
Department and an agreement has been reached as to a
compromise in that the median island will not be required in
lieu of the developer providing an additional lane to
accommodate striping and left-turn movements and, in lieu of
paying for the median island, as the developer had requested,
the developer would agree to construct the additional paving
and the City Traffic Department would then do the striping,
as necessary, to provide the left-turn movements.
No protest or objections being received and no one
else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Upon a motion by Councilmember McDermott, the
appeal was granted with the condition that it be changed
require pavement of the additional lane and deleting the
language regarding the median island requirement by the
following roll call vote:
to
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, $alvaggio
None
None
None
407
Bakersfield, California, March 13, 1991 - Page 5
(THIS IS A CONTINUATION OF RESOLUTION NO. 33-91 ON PAGE 4)
Councilmember Brunni advised that due to a legal
conflict of interest, the record must reflect that she must
be absent on the vote regarding the adoption of Resolution
No. 33-91.
Upon a motion by Councilmember
regarding the adoption of Resolution No.
reconsidered.
Brunni, the vote
33-91 was
Upon a motion by Councilmember McDermott,
Resolution No. 33-91 making findings that no written protest
has been filed and ordering the territory designated as
Proceeding No. 1049, Annexation No. 338, Akers No. 4, annexed
to the City of Bakersfield and included in the Greater
Bakersfield Separation of Grade District was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Hearing for the sale of surplus property
(City Fire Station, 1301 4th Street).
This hearing has been duly advertised and posted.
Mayor Medders declared the hearing open for public
participation.
Mr. Rick Ross, Regional Director for Turning Point
of Central California, spoke in opposition, and requested
that Council delay approval on this matter at this time and
direct staff to respond to Turning Point as to why its bid
for $50,000 was rejected and another bid for $25,000 was
accepted.
No other protests or objections being received and
no one wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Councilmember Edwards made a motion to defer any
action on the bid until such time as the City has had an
opportunity to allow a realty firm to market the property and
try to get something nearer to the value of it.
Councilmember Edwards requested that Mr. Ross'
remarks be addressed in the interim.
Finance Director Klimko advised that because of the
deteriorating condition of the property, the offer presented
by Mr. Ross for $50,000 was going to require either a
Conditional Use Permit or rezoning of the property, and the
offer was not in accordance with the terms under which the
City had offered the property for sale.
Councilmember McDermott made a substitute motion to
adopt the Resolution of the Council of the City of
Bakersfield authorizing the sale of surplus real property and
finding that such sale is in the best interests of the City.
4:08
Bakersfield, California, ~arch 13, 1991 Page 6
Councilmember Edwards advised that his motion would
include that staff be instructed to list the property with a
competent realtor and allow them to market the property
throughout the City.
After much discussion, the motion by Councilmember
Edwards to defer action on the bid until the property can be
marketed and instruct staff to list with a competent realtor
was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond,
Councilmembers Smith, McDermott
Councilmember Brunni
None
Peterson,
Salvaggio
Hearing for the sale of
(City Fire Station, 790
Lane).
surplus property
East Brundage
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.
Councilmember Edwards made a motion to reject the
offer and instruct staff to list the property with a
competent broker for 90 to 120 days. The motion was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
Councilmember McDermott
None
None
Noes:
Abstain:
Absent:
REPORTS
Councilmember Brunni, Chairperson of the Convention
Center and Community Services Committee, read Report No. 2-91
regarding Review of Ordinance Appointing Members to the
Citizens' Parks and Recreation Committee, as follows:
On January 30, 1991, the City Council
referred the issue of appointing members
at-large, rather than by ward, to the
Convention Center and Community Services
Committee for review. The Committee met
with staff to discuss this matter.
After discussion with everyone concerned,
it was determined that the existing
ordinance adequately addresses all issues,
and that fair and equal representation is
assured.
Based on the above, it is the recommendation
of this Committee that no further action be
taken.
Upon a motion by Councilmember Brunni, Convention
Center and Community Services Committee Report No. 2-91 was
accepted.
Upon a motion by Councilmember Brunni, the
recommendations of Convention Center and Community Services
Committee Report No. 2-91 were implemented.
Bakersfield, California, March 13, 1991 - Page 7
Councilmember Peterson, Chairperson of the Urban
Development Committee, read Report No. 3-91, regarding
Alternate Planning Commissioner, as follows:
Approximately a year ago the City Council
appointed an alternate Planning
Commissioner who would serve in the
absence of regular Planning Commissioners.
The appointment was made for one year to
synchronize expiration dates to minimize
vacancies at the same time and to try out
the new system.
The Urban Development Committee met with a
committee of the Planning Commission on
February 25, 1991. The consensus we
reached was that having an alternate
Planning Commissioner has worked well.
The alternate is fully prepared for each
meeting and usually serves as a
Commissioner during all of them. No
unforeseen problems have occurred.
It is recommended that the position of
alternate Planning Commissioner be
continued and that the upcoming
appointment be for a one year period.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 3-91 was accepted.
Upon a motion by Councilmember Peterson, the
recommendations of Urban Development Committee Report
No. 3-91 were implemented.
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 4-91, regarding City
Audit, as follows:
The review of the Annual Financial Audit
of the City of Bakersfield was referred
to the Budget and Finance Committee for
review.
The Committee met with representatives of
the firm of Brown, Waits and Armstrong to
review the management letter for the
1990-91 Fiscal Year audit. The Committee
reviewed each of the items mentioned in
the management letter and the staff
responses to each finding.
Generally, staff has implemented the
recommendations or adequately responded
to the findings of the management letter.
However, the City Manager has indicated
that he intends to have the City Internal
Auditor review the process for senior
citizen refuse refunds and make
recommendations for improving the process
during this next year.
4t0
Bakersfield, California, March 13, 1991 - Page 8
The Committee would like to express its
thanks to the staff of the Finance
Department for their cooperation with the
audit firm during their first year
performing the City audit. Their
assistance was noted by the audit firm.
The Committee would also like to recommend
that prior to the performance of the
Fiscal Year 1991-92 audit that a pre-audit
meeting be conducted with the Budget and
Finance Committee to identify areas of
special concern or interest to be reviewed
by the auditor.
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 4-91 was accepted.
Upon a motion by Councilmember McDermott, the
recommendation of Budget and Finance Committee Report
No. 4-91 was implemented.
Report No. 2-91 from the Personnel
Committee regarding Job Title Changes,
Reclassifications and Revisions to Job
Specifications.
Upon a motion by Councilmember Edwards, Personnel
Committee Report No. 2-91 and any recommendations were
deferred, due to the fact that the Committee did not have the
time to meet and act on all of the items.
ACTION ON BIDS
Approval of Contract No. 91-44 with S. A.
Camp Pump Company for drilling, casing
and pump testing, Pump Station No. 26,
Mondavi Way.
Upon a motion by Councilmember DeMond, the low bid
from S.A. Camp Pump Company in the amount of $89,122.00 was
accepted, all other bids rejected and the Mayor authorized to
execute the Contract.
Approval of Annual Contract No. 91-45
with Sullivan Petro Company and Annual
Contract No. 91-46 with Wholesale Fuels,
Incorporated, for lubricating products.
Upon a motion by Councilmember Salvaggio, the low
bids from Sullivan Petro Company in the amount of $12,834.00
(11 items) and Wholesale Fuels, Incorporated, in the amount
of $3,991.50 (4 items) were accepted, all other bids rejected
and the Mayor authorized to execute the Contracts.
Approval of Annual Contract No. 91-47
with Simpson Janitorial and Annual
Contract No. 91-48 with San Joaquin
Supply Company for janitorial supplies.
Upon a motion by Councilmember Peterson, the low
bids from Simpson Janitorial in the amount of $16,520.07 (42
items) and San Joaquin Supply Company in the amount of
$5,973.46 (48 items) were accepted, all other bids rejected
and the Mayor authorized to execute the Contracts.
411
Bakersfield, California, March 13, 1991 Page 9
Sedans, pickups, cab and chassis for
various City departments (9 additional
and 7 replacement).
Upon a motion by Councilmember Brunni, the low bid
from Jim Burke Ford in the amount of $171,947.29 was
accepted and the appropriation of $22,300 fund balance to the
Public Works Operating Budget within the Equipment Management
Fund was authorized by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Turnout coats and pants for Fire
Department.
Upon a motion by Councilmember DeMond, all bids
were rejected.
Annual Contract for appraisals for real
property.
Upon a motion by Councilmember Peterson, all bids
were rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 3344 amending
Title 17 of the Bakersfield Municipal
Code and Zoning Map No. 101-25 by changing
the Land Use Zoning of properties located
along the north side of Brimhall Road
between Allen Road and Jewetta Avenue from
an A-20A (Agriculture-20 Acre Minimum)
Zone to an R-1 (One-Family Dwelling,
18,000 Square Feet Minimum Lot Size) Zone.
This Ordinance was given first reading at the
meeting of February 27, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3344 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 Ordinance No. 3345 amending
Title 17 of the Bakersfield Municipal Code
and Zoning Map No. 102-18 by changing the
Land Use Zoning of property located at the
southeast corner of Jewetta Avenue and
Reina Road from C-1 (Limited Commercial)
to R-1 (One-Family Dwelling) on 8+/- acres;
and from R-1 (One-Family Dwelling) to C-1
(Limited Commercial) on 3+/acres located
south of Olive Drive and west of Calloway
Drive.
This Ordinance was given first reading at the
meeting of February 27, 1991.
412
Bakersfield, California, March 13, 1991 Page 10
Upon a motion by Councilmember Brunni, Ordinance
No. 3345 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, $alvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3346 adding
Chapter 15.38 to the Bakersfield Municipal
Code relating to water meters.
This Ordinance was given first reading at the
meeting of February 27, 1991. Since that time, the Ordinance
was amended. The word "new" was added in Paragraph A. of
Section 15.38.020.
Upon a motion by Councilmember McDermott, Ordinance
No. 3346 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
NEW BUSINESS
First Reading of an Ordinance amending
Title Seventeen of the Bakersfield
Municipal Code and Zoning Map No. 101-34
by prezoning property located on the
southwest corner of Renfro Road and
Johnson Road known as the Renfro No. 2
Annexation (Ward 4).
The Planning Commission, on February 7, 1991,
adopted a Resolution approving the Negative Declaration
recommended both the prezoning and the annexation.
and
First Reading of an Ordinance amending
Title 17 of the Bakersfield Municipal
Code and Zoning Map No. 122-02 by changing
the Land Use Zoning for properties located
at 13001 Stockdale Highway from a P.C.D.
(Planned Commercial Development) Zone to a
P.C.D. (Planned Commercial Development)
Zone for a neighborhood commercial shopping
center consisting of a one-story 41,210
square foot building, 3,000 square foot and
3,312 square foot building pads totaling
47,522 square feet.
On February 7, 1991, the Planning Commission
recommended approval of the proposed zone change.
First Reading of an Ordinance amending
Title 17 of the Bakersfield Municipal Code
and Zoning Map 103-22 by changing the Land
Use Zoning of property located at the
northerly end of Corrientes Street from an
R-1 (One Family Dwelling) Zone to an R-3
(Limited Multiple Family Residential) Zone.
On February 7, 1991, the Planning Commission
conducted a public hearing and recommended approval of the
proposed zone change and Negative Declaration.
Bakersfield, California, March 13, 1991 - Page 11
First Reading of an Ordinance amending
Section 16.32.060 E. of the Bakersfield
Municipal Code relative to fees for
construction of planned sanitary sewer
facilities pursuant to adopted plans, or
connection to sanitary sewer facilities,
and adding reference to plans adopted for
Gibson-Burr Planned Sewer Area.
This Ordinance amends Section 16.32.060 of the
Bakersfield Municipal Code to add the Gibson-Burr Planned
Sewer Area to Subsection E.
Adoption of Resolution No. 34-91 of the
Council of the City of Bakersfield
adopting the Gibson-Burr Planned Sewer
Area and making findings relative thereto.
Upon a motion by Councilmember Brunni, Resolution
No. 34-91 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. 35-91 of the
Council of the City of Bakersfield
adopting the City's Investment Policy.
Upon a motion by Councilmember DeMond, Resolution
No. 35-91 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
A Resolution designating the Kern
Congestion Management Agency for Kern
County.
Councilmember Salvaggio provided some background
information with regard to the process used in determining
the voting percentages allocated to the various
representatives who will comprise the Board of Directors of
the proposed Kern Congestion Management Agency.
At the request of Councilmember Salvaggio, Mr. Bart
Meays, Executive Director of the Kern Council of Governments,
was recognized and discussed the necessity of getting on with
the establishment of the Kern Congestion Management Agency
and the development of a congestion management program.
Councilmember Salvaggio made a motion to adopt the
Resolution designating the Kern Congestion Management Agency
for Kern County.
Councilmember Smith made a substitute motion to
send this back to the Intergovernmental Relations Committee.
Bakersfield, California, March 13, 1991 Page 12
Councilmember
the Councilmembers with
required and some facts.
Brunni requested that staff provide
the text of the laws of what is
The substitute motion by Councilmember Smith to
send this back to the Intergovernmental Relations Committee
was approved.
Approval of Agreement No. 91-49, Amendment
to Agreement No. 90-165 (Audit Contract)
with Brown, Waits and Armstrong.
No. 91-49
the Mayor
Upon a motion by Councilmember McDermott, Agreement
with Brown, Waits and Armstrong was approved and
authorized to execute the Agreement.
Agreement with Roger Ernst & Associates
Auctioneers, for public auction services.
(Police Asset Forfeiture)
Councilmember DeMond acknowledged that a group from
the Communication Writing Class at Cal State Bakersfield is
present tonight.
Councilmember Salvaggio stated that the local City
auctioneer is entitled to an explanation in advance that the
City has decided to use another auctioneer, and he asked that
the City Manager look into that.
Upon a motion by Councilmember McDermott, the
agreement for public auction services was referred to the
Budget and Finance Committee for recommendation back to the
Council.
Approval of Agreement No. 91-50 with
Bethel Apostolic Academy for installation
of pedestrian footbridge across the
Carrier Canal just east of Chester Avenue.
Upon a motion by Councilmember DeMond, Agreement
No. 91-50 with Bethel Apostolic Academy was approved and the
Mayor authorized to execute the Agreement.
Approval of Consultant's Agreement No.
91-51 with Carl Warren and Company for
claims administration services.
Councilmember Brunni made a motion to execute the
Agreement and authorize the Mayor to execute the Agreement.
Councilmember Brunni advised she made the motion
with the understanding that at the end of this Fiscal Year
there will be a Request for Proposal done for this kind of
service, so that it will be open to all in the community who
provide this service.
Upon a motion by Councilmember Brunni, Consultant's
Agreement No. 91-51 with Carl Warren and Company was approved
and the Mayor authorized to execute the Agreement.
Appropriation for 1990-91 Property Tax
Administration Cost.
Councilmember Peterson made a motion to authorize
the appropriation of $380,000 fund balance to the Financial
Services Department's Operating Budget in the General Fund.
415
Bakersfield, California, March 13, 1991 - Page 13
Councilmember McDermott advised that the
Administrative Report mis-states the intent of the Budget and
Finance Committee, and should read: "The Budget and Finance
Committee reluctantly agrees with staff recommendation".
Upon a motion by Councilmember Peterson, the
appropriation of $380,000 fund balance to the Financial
Services Department's Operating Budget in the General Fund
was authorized by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
COUNCIL STATEMENTS
Upon a motion by Councilmember Peterson, the
issue to start the process of extending the sphere of
influence in the northwest and southwest of Bakersfield was
referred to the Planning Commission.
Councilmember Brunni thanked Terry Franey of the
Parks Department and Paul Dow, Water and Sanitation Manager,
for arranging a neighborhood meeting with the people who live
in Maintenance District No. 3. She advised that the
residents were having difficulty with some of the
landscaping, so staff stayed after work to meet with them and
came up with some very constructive ideas.
Councilmember thanked the Traffic Engineering staff
for so quickly acting on a referral that she made at the last
Council meeting. She received notification this evening that
as of March 20th, there will be signs along Commercial Way
pointing people to the Social Security Office.
Councilmember Brunni referred to staff SB 463
regarding Wetlands in the Sacramento and San Joaquin Valley,
and a mitigation bank that's been proposed. She would like
to know how this will integrate or impact our Habitat
Conservation Plan, and requested an analysis on SB 463 and
how we might participate if it's to our benefit.
Councilmember Brunni requested that staff
participate in the meeting that the United Way is
spearheading on Monday, March 18th, from 2:00 to 4:00 p.m.,
in the Ag Building at 1031 south Mt. Vernon, in the large
lecture room, to discuss both the freeze and the drought.
She stated that there will be a tour of people from
Washington, D.C., in April, who will ultimate here in Kern
County.
Councilmember Brunni advised that last week she
went to the opening of the compressed natural gas filling
station at the PG&E office at Wible and White Lane. She
stated that the City has retrofitted two of its trucks, and
she encouraged staff, as quickly as possible, to retrofit a
car.
Bakersfield, California, March 13, 1991 - Page 14
Councilmember McDermott advised that he attended a
hearing in Washington last week on the drought's impact here
on agriculture and was very thankful for the efforts of our
Congressman, Bill Thomas, in trying to help work and mitigate
some of the impacts here. He stated he is hopeful that the
rain does continue and will allow us to have a little more
normal situation; however, just because we're having the
rain, it doesn't mean that the drought is broken.
Councilmember McDermott advised that there has been
a foreclosure on one of the Economic Development projects,
and staff would like Council to try and reprogram the funds.
Upon a motion by Councilmember McDermott, the reprogramming
of CDBG Funds was referred to the Budget and Finance
Committee.
Councilmember McDermott referred the matter of AB
3158 to the Legislative and Litigation Committee for review
and possibly taking some position against the fees or trying
to find out any other ways that cities are doing this.
Councilmember McDermott advised that he attended a
special meeting of the Kern Economic Development Corporation
dealing with Indirect Source Review, and there will be a
workshop in the community tomorrow. He stated it is
important that the City is represented and requested staff
respond as to how we're going to be attending.
Planning Director Hardisty advised that Assistant
Planning Director Grady will be attending on behalf of the
City staff to present the City's position, which is that the
rules that are being proposed neither comply with the
guidelines issued by the State of California for those rules
nor do they substantially have an effect on the problem.
Councilmember McDermott expressed some of his
concerns with regard to the Indirect Source Review issue,
which include the following:
There is a question about how the fee is
set, and we have to be more specific on
how the fee is spent.
With regard to credits for existing
programs, we've adopted the 2010 Plan
with specific land use policies of the
centers concept. How do we get credits
for those type of policies?
It is important to work with some of the
people who are going to be affected,
which is a broad base of the community,
and that has not been done yet.
We also have to look at the equity here.
Basically, we're talking about placing
the entire burden of cleaning up the air
on the new development that we have,
which is 3½ percent of that growth each
year. It's not real equitable to do it
that way.
We need to look at more equitable ways to
achieve some of the goals.
417
Bakersfield, California, March 13, 1991 - Page 15
Councilmember Smith requested that the Traffic
Committee take a look at the intersection of Meadow Vista and
Panorama. She advised that some constituents have mentioned
to her that there is a traffic guard there, but they feel as
though the traffic is not heeding all of the guard's signals,
so there could be a potential problem.
Councilmember Salvaggio thanked City Manager
Hawley, City Attorney Lunardini and Police Chief Patterson
for meeting last week on the issue of the expansion of the
Deja Vu Adult Bookstore and Theater. Councilmember Salvaggio
stated he was pleased to see that City Attorney Lunardini
quickly reviewed the City's bookstore ordinance, which
regulates adult bookstores, and he is going to come forth
with the Council at the next meeting with an enhancement of
the ordinance that will enable the City to vigorously
regulate and control such things as the interior design and
layout of the viewing area of the stores and their movie
screening booths.
Councilmember Edwards stated he wanted the
Councilmembers to know that a serious problem exists in Ward
One relative to the prostitutes on Union Avenue and that
something must be done to abate this issue.
Councilmember Edwards requested that with regard to
the League meeting scheduled for April, he would appreciate
knowing the date, time and place so that the Councilmembers
can put it on their calendars and be prepared to attend.
Councilmember Edwards requested that staff check
into the possibility of the City street sweepers being put on
a schedule and signs posted to let people know that their
cars will be ticketed if they a~e parked on the streets
during street sweeping days.
Councilmember Edwards made a motion to refer to
staff the task of preparing several alternative maps for
consideration by the Council for the purpose of redrawing
Council ward boundary lines. The motion was not approved.
Councilmember DeMond announced that the ribbon
cutting for the homeless facility, which was to be on
April 3rd, has been postponed due to repair work that has to
be done because of the rain, and is tentatively scheduled for
April 17th.
Councilmember DeMond advised she would like to meet
with City Manager Hawley and a representative from the Police
Department regarding an ordinance that will be going into
effect as soon as the homeless shelter is open, and to
discuss the implementation of that ordinance.
Councilmember Brunni advised that she will be
attending the meeting tomorrow night regarding the Indirect
Source Review rule, and she will be taking notes. She stated
she appreciated Councilmember McDermott's feelings and would
appreciate any other feelings of Councilmembers.
Councilmember Brunni advised she plans to make a personal
statement so that it is reflected in the record of the
San Joaquin Valley Unified Air Basin Authority (UABA) for
their meeting on March 20th, and that's the reason she is
going to attend. She further advised that there will be
another workshop in Bakersfield on April 11th regarding
Indirect Source Review rule, and it would be helpful if she
could share that somehow and the Council could research it,
and come up with a consensus as to its feeling on the rule,
as it is proposed, so that it can be officially communicated
by staff to the UABA on March 20th.
Bakersfield, California, March 13, 1991 Page 16
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned at 9:18 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw