Loading...
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 ndw 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