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HomeMy WebLinkAbout01/24/1990 MINUTES CCBakersfield, California, January 24, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., January 24, 1990. The meeting was calle~ to order by Mayor Medders. Present: Councilmembers Edwards, DeMond~ Smith (seate~ at 5:20), Brunni, Peterson (seated at 5:20)~ McDermott, Sa!vaggio Absent: None CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) pending litigation, in the case of Clifford rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) pending litigation, in the case of John Moore (#1) rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield' s Chief Negotiator, Bill Avery, regarding Police Supervisory Agreement. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at 5:15 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:55 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 kdsc Bakersfield, California, January 24, 1990 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., January 24, 1990. The meeting was called to order by Mayor Menders, followed by the Invocation by Ed Meissner, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None PRESENTATIONS Mayor Medders presented a plaque to and the Cal-State University, Bakersfield, Volleyball Champions. Coach Dave Rubio Lady Roadrunners Calendar: The CONSENT CALENDAR following items were listed on the Consent Minutes of the Workshop, CloseO Session a?d Regular Meeting of January 10, 1990, for approval. c. Communications: Communication from Milazzo & Associates Architects AIA, 3300 Truxtun Avenue, Suite 300, dated January 5, 1990, on behalf of Riverlakes Ranch, Ltd., with Unibell International Co., Ltd., requesting to amend the Bakersfield Metropolitan Area General Plan and the Rancho Laborde Specific Plan ~n 1 , 383 acres bounded by RoseOale Highway on the south, Norris Road on the north, Coffee Road on the east and Calloway Drive on the west. (RECEIVE AND REFER TO PLANNING COMMISSION) Approval of Warrant Nos. 5164 to 5507, inclusive, in the amount of $1,338,298.08. Bakersfield, California, January 24, 1990 - Page 2 w Communication from Wiley D. Hughes, dated January 5, 1990, requesting to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan and zone change on 10.6 acres to C-2 and 97.4 acres to R-1 on property located at the northwest corner of Paladino Drive and Morning Drive. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Cindie Moore, 1522 18th Street, dated January 12, 1990, submitting her resignation from the Fair Housing Advisory Co mmitte e. (RECEIVE AND PLACE ON FILE) Deed No. 3168, Electrical Line Easement from Brookfield Partners for a street light conduit located between Office Park Drive and Commerce Drive. Notices of Completion and Acceptance of Work for the following: Truxtun Avenue Coffee Road north pipeline, Contract No. 89-206, completed January 8, 1990. e Water mainline extension- Stine Road south of Panama Lane, Contract No. 89-260, completed January 12, 1990. e Tract No. 3827 - Unit D, located near the southeast corner of Stine Road and Harris Road, Contract No. 79-103, completed January 4, 1990. Tract No. 3827 Unit E, located near the southeast corner of Stine Road and Harris Road, Contract No. 79-104, completed January 4, 1990. Clarifier modification at Wastewater Treatment Plant No. 2, Contract No. 89-161, completed December 29, 1989. Stine Road Fire Station mobile home entry slab, Contract No. 89-274, completed December 21 , 1989. Bakersfield, California, January 24, 1990 Page 3 Tract No. 5107 - Unit A, located on the south side of Panama Lane east of South "H" Street, Contract No. 89-187, completed January 15, 1990. f. REMOVED AND ACTED UPON IMMEDIATELY FOLLOWING CONSENT CALENDAR. g. Approval of Plans and Specifications for the following: Sewer relocation at Freeway 99 northbound off-ramp and Rosedale Highway. Construction of a flashing yellow beacon on Planz Road at Actis Street. Construction of the runway and taxiway at the Bakersfield Municipal Airpark. h. Contract Change Orders: No. 1, Contract No. 89-225, with Electric Service Company, 1332 South Union Avenue, for construction of Monitor (Greenfield) Park security lighting system. Nos. 17 and 18, Contract No. 88-165, with Granite Construction Company, P. O. Box 5127, for "H" Street Underpass. CITY CLERK ADVISED THE COUNCIL THAT ITEM i SHOULD BE REMOVED AND PLACED AS LAST ITEM UNDER NEW BUSINESS. REMOVED AND ACTED UPON IMMEDIATELY FOLLOWING CONSENT CALENDAR. Independent Contractor's Agreement No. 90-6 with Aerial Photomapping for construction on China Grade Loop Bridge. Independent Contractor's Agreement No. 90-7 with Moore & Taber for construction on China Grade Loop Bridge. Independent Contractor's Agreement No. 90-8 with Video Inspection Service for the Bakersfield Municipal Airpark and Westchester area sewers. Bakersfield, California, January 24, 1990 - Page 4 qe te Ue Independent Contractor's Agreement No. 90-9 with Adair Engineering Design and Construction for design of electrical construction plans for the Kern River Park Group Picnic Area. Independent Contractor's Agreement No. 90-10 with Soils Engineering, Inc., for soils testing for the construction of Madison Street between Brook Street aad Planz Road. Independent Contractor's Agreement No. 90-11 with Edward J. Wilson, dba Wilson & Associates, for engineering services for Assessment District No. 82-1 (Stockdale Trunk Sewer), Apportionment No. 23. Agreement No. 90-12 with R. W. Beck and Associates for an appraisal of the street lighting system owned by Pacific Gas and Electric within the City of Bakersfield. Agreement No. 90-13 with Pacific Gas and Electric Company to relocate two transmissioa towers along Coffee Road at Hageman Road and at Olive Drive. License Agreement No. 90-14 with Arvin-Edison Water Storage District to allow a City domestic water pipeline to cross the Arvin-Edison Canal on Stine Road south of Panama Lane. Agreement No. 90-15 with Kern High School District for use of peace officers at school functions/ activities. Agreement No. 90-16 with California Polytechnic State University, San Luis Obispo, for technical assistance during evaluation of revitalization of Union Avenue. Uncollectible Accounts Receivable- Various Departments. Award Contract No. 90-1 7 for re-roofing main restroom at Jastro Park, pool restrooms at Wayside Park and Saunders Park, and utility room at Centennial Park to J. S. Cagle in the amount of $7,180.00, reject other bid and authorize the Mayor to execute the Contract. x. REMOVED AND ACTED UPON IMMEDIATELY FOLLOWING CONSENT CALENDAR. Bakersfield, California, January 24, 1990 - Page 5 Mayor Medders clarified Item i of the Coasent Calendar, Amendment No. 1 to Fiscal Year 1989-90 final statement Community Development Block Grant Application, was removed from the Consent Calendar and placed as the last item under New Business. This action was approved unanimously by the Council. Upon a motion by Mayor Medders, Item x of the Consent Calendar, correction to various documents regarding Westmiaster Ceramics, Inc., due to error in previous legal description, was removed from the Consent Calendar to be acted upon separately. Upon a motion by Councilmember Brunni, Item f of the Consent Calendar, Agreement with State of California, Department of Transportation (Caltrans), for sewer relocation at Freeway 99, northbound off-ramp, and Rosedale Highway; and Item j of the Consent Calendar, Amendment No. 2 to Agreement No. 89-33 between City of Bakersfield, County of Kern and Mid State Development Corporation for marketing activities within the Southeast Metropolitan Bakersfield Employment and Economic Incentive Area, were removed from the Consent Calendar and acted upon separately by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Upon a motioa by Councilmember Brunni, items a, b, c, d, e, g, h, k, 1, m, n, o, p, q, r, s, t, u, v, and w of the Consent Calendar, with removal for separate consideuat[o~ of Items f, i, j, and x, were adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Agreement No. 90-18 with State of California, Department of Transportatiou (Caltrans), for sewer relocatiD:~ ~ ~reeway 99, northbound off-ramp, and Rosedale Highway. Upon a motion by Councilmember Brunni, Agreement No. 90-18 with State of California, Department of Transportation (Caltrans), for sewer relocation at Freeway 99, northbound off-ramp, and Rosedale Highway, was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, January 24, 1990 - Page 6 Agreement No. 90-19, Amendment No. 2 to Agreement No. 89-33 between City of Bakersfield, County of Kern and Mid State Development Corporation for marketing activities within the Southeast Metropolitan Bakersfield Employment and Economic Incentive Area. Councilmember Salvaggio made a motion to approve Agreement No. 90-19, Amendment No. 2 to Agreement No. 89-33 between the City of Bakersfield, County of Kern and Mid State Development Corporation for marketing activities within the Southeast Metropolitan Bakersfield Employment and Economic Incentive Area. Councilmember McDermott made a substitute motion to refer this matter to staff with a proposal back to Council on February 7, 1990. City Manager Dale Hawley made a recommendation that Council extend this contract for sixty days. During that period of time staff would make every effort to try to resolve the issue with the understanding that it might be necessary to bring this matter back to Council for a further extension. Councilmember McDermott amended his substitute motion to extend the deadline to April 5, 1990. Councilmember McDermott's substitute motion, to approve Agreement No. 90-19, Amendment No. 2 to Agreement No. 89-33 between the City of Bakersfield, County of Kern and Mid State Development Corporation for marketing activities within the Southeast Metropolitan Bakersfield Employment and Economic Incentive Area, to extend the deadline to April 5, 1990, and prorate the dollar amounts accordingly, was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers D eMond, Smith, Brunni, McDermott Councilmembers Edwards, Salvaggio None None Peterson, Correction to various documents regarding Westminster Ceramics, Inc., due to error in previous legal description. Upon a motion by Councilmember McDermott, Item x of the Consent Calendar, Correction to Various Documents regarding Westminster Ceramics, Inc., due to error in previous legal description, was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, McDermott, Salvaggio None Councilmember Brunni None Noes: Abstain: Absent: Bakersfield, California, January 24, 1990 - Page 7 REPORTS Upon a motion by Councilmember Demond, Report No. 2-90 from the City Manager regarding Unreinforced Masonry Building Ordinance, was brought forward to be heard prior to Public Statements. Report No. 2-90 from the City Manager regarding Unreinforced Masonry Building Ordinance. Correspondence has been received from Wilson Call, Architect, regarding the ordinance. City Manager Dale Hawley read Report No. 2-90 regarding Unreinforced Masonry Building Ordinance as follows: At the conclusion of the City Council's hearing on January 10, 1990, the Unreinforced Masonry (URM) Building Ordinance was referred back to staff for study and recommendation with a comment that an expanded committee would be appropriate to study additional URM issues raised at the hearing. Although the committee includes some members who own buildings downtown, it is recommended that the expanded committee include representation from the Downtown Business Association, Historic Preservation Commission and East Bakersfield. Since downtown and East Bakersfield are in Ward 2, it would seem appropriate to have Councilmember DeMond make nominations for those appointments. The committee's purpose would also be expanded from that of drafting an ordinance to that of developing a more comprehensive long-range strategy including financial assistance, time schedules, and a refinement of the priorities to mitigate the hazards. It would consider such other things as type of building occupancy, building height and reinforcement work already done. Pending the committee's report back to the City Council, I recommend the following: The status of unreinforced masonry buildings should be recorded in the County Recorder's Office so that potential buyers of property are officially advised of its status and their potential exposure. Notice of intent to record should be provided owners o f such buildings and they should be given an opportunity to present to the Building Director evidence that their structures do not fall within the definition of a URM building. Bakersfield, California, January 24, 1990 Page 8 e Once it is determined that a building is a URM building, signs at the entrances of buildings should be posted to warn tenants, employees and customers of the potential hazard. The Building Director should specify the size, location and wording of those signs pursuant to an ordinance to be adopted requiring such signs. The City should, whenever possible, work with individuals who desire financial assistance to strengthen their buildings. Such assistance may be available from historic preservation grants, tax increments, block grant funds, Small Business Administration Loans, or Mello-Roose district establishment. Some owners have expressed a desire to reinforce their buildings. The owners and designers need to know what standard they should comply with. The same is true where a certificate of occupancy is needed on a change of use or when a dangerous building is posted. Standards for the strengthening of the URM buildings should be included in our codes. The adoption of the standard in itself does not require the property owners to do anything. A recent article appeared in the "L.A. Times" about the State Seismic Safety Commission' s concern over lack of compliance with the law by others. I have attached it to keep you informed on the State's position or reaction to various responses to the law by different jurisdictions. I would also like to add, as of yesterday, January 23, 1990, out of 301 cities and counties with URM buildings, 153 have completed their inventories, and 95 have implemented mitigation programs. It is recommended that the City Council approve implementation of this report. Councilmember DeMond asked for public participation. Bakersfield, California, January 24, 1990 - Page 9 Mr. Charles Drew, President of the Downtown Business Association, read the following: One aspect of the URM issue which remains constant after working on this problem over the last seven weeks is that there are many more questions than answers. Each side has continued to put forth its arguments and support of their point of view, but very little helpful information has come to light. The plan proposed by the Downtown Business Association was very simple. Form a new committee with a broad cross section of citizens, the committee would establish or should establish potential risk standards and an appropriate mitigation plan to address those potential risks taking into account the social and economic impact on the community, and thirdly, this planning process should be done with the help of the public and local citizens who have unique knowledge of this issue. Unfortunately, this should have been the plan in place prior to the City's premature release of the potential UR~ building list. Unfortunately, many citizens now feel that the property owners in the business community are pressuring the City Council to ignore the potential problem. That is absolutely not the case. The DBA is extremely concerned about public safety and we welcome a public dialogue with anyone on this issue. Let us not forget the DBA held the first public URM on January 3, 1990, and we will be hosting more meetings in the future. From what we have learned in the last few days, it appears unlikely that we can expect much help from the legislature this year. The governor's veto of the Mello-Roose District package means only residential buildings can expect State aid, SBA loans are highly unlikely, and other federal funds are just as tight. The Seismic Safety Commission handbook tells us that the building owners and the public should be involved in the development of the mitigation program. We feel this has not been the case and we need to return to this process before any additional action is taken. This is a difficult problem where we cannot expect everyone to agree, but let's take a common sense approach to the solution. The business community needs to have the faith in our elected officials and City staff that they are sensitive to our concerns, and the public should be aware that businesses are very concerned for the public's safety. After all, it is also the safety of our customers, our employees, our families and ourselves. Bakersfield, California, January 24, 1990 - Page 10 Ms. Diane Rotondo, Greater Bakersfield Chamber of Commerce, requested that the City Council take no action on unreinforced masonry buildings until an expanded community committee is formed and has time to thoroughly study the options to the problems presented, including the legislation which is now pending in the State Legislature as a result of the recent Bay Area earthquake. Attorney Gary O'Neil, representing the Downtown Business Association, spoke in opposition to the signage recommendation contained in Report No. 2-90. Mr. Fred McKenna, past President of the Downtown Business Association, spoke in opposition to the signage recommendation contained in Report No. 2-90. Ms. Beverly Burke, business owner at 1512 18th Street, spoke in opposition to Report No. 2-90 regarding Unreinforced Masonry Building Ordinance. Mr. Egan Gost, URM business owner, spoke in opposition to Report No. 2-90 regarding Unreinforced Masonry Building Ordinance. Upon a motion by Councilmember DeMond, the recommendations of City Manager's Report No. 2-90 were referred to an expanded Advisory Committee with a list of the expanded Committee to be presented to the Council February 7, 1990, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Mayor Medders recessed the meeting at 8:35 p.m., and the meeting was reconvened at 8:40 p.m. PUBLIC STATEMENTS Mr. Gene Tacket, 1001 21st Street, spoke regarding State budget and ambulance rates and read the following: Governor Deukmejian's proposed 1990-91 State budget recommends the elimination of funding for medical transportation from the Medi-Cal Program. Services to Medi-Cal patients represent about 20 percent of Hall Ambulance Service's business. This loss of income would have a drastic effect on Hall Ambulance Service's ability to provide the level of service that is demanded in the City of Bakersfield. If ambulance Medi-Cal reimbursements are not restored to the proposed 1990-91 State budget, which begins July 1, 1990, Hall Ambulance Service will be forced to request an increase in the ambulance rates allowed in the City of Bakersfield. I request that you inform our legislatures and the Governor of the negative effect that this budget proposal will have on the residents of the City of Bakersfield. I have attached a copy of the letter Hall Ambulance Service sent to our legislatures. Thank you for your time and assistance in this most important matter. Bakersfield, California, January 24, 1990 - Page 11 Councilmember McDermott requested that this matter be referred to the City Manager's Office to prepare a letter to the Governor and the legislature. Dr. Larry Cho, Medical Director, Valley Industrial Medical Group, 2501 "G" Street, also representing Occupational Medical Group and Medi-Center, presented correspondence and spoke regarding the City's workers' compensation medical care and pre-placement physical contract. (This correspondence was referred to the Budget and Finance Committee.) Mr. Bernard Bogatte, 1101-23 Oleander, spoke regarding Report No. 3-90 pertaining to the Fox Theatre. HEARINGS This is the time set for a continued hearing to consider Resolution No. 4-90 of the Council of the City of Bakersfield making findings, preliminarily approving adoption of the Metropolitan Bakersfield 2010 General Plan and transmitting report to the Kern County Board of Supervisors. This hearing was continued from the meetings of December 14, and December 27, 1989. At the meeting of December 27, 1989, the public portion of this hearing was closed. Report No. 1-90 from the Urban Development Committee relates to this item. Correspondence has been received from Frank Samora, dated January 21, 1990, submitting information and requesting Council make their own decision regarding the zoning of his property. Mayor Medders referred the matter to Council for deliberation and action. Adoption of Resolution No. 4-90 of the Council of the City of Bakersfield making findings, preliminarily approving adoption of the Metropolitan Bakersfield 2010 General Plan and transmitting report to the Kern County Board of Supervisors. Councilmember McDermott made a motion to consider Urban Development Committee Report No. 1-90 at this time. Report No. 1-90 from the Urban Development Committee regarding 2010 General Plan. Councilmember McDermott read Urban Development Committee Report No. 1-90 regarding 2010 General Plan as follows: During the public hearings on the Bakersfield 2010 General Plan, map change requests and policy document issues that were not acted upon at either of the two public hearings were referred to this Committee for review and recommendation. There were four map change requests and three policy document issues that were reviewed by this Committee on December 28, 1989. The map change requests were as fol lows: Bakersfield, California, January 24, 1990 Page 12 1) Proponent: Request: Location: Alta Hughes Engineering Rearrange LR & HMR, add GC on 320 acres South of White Lane between Old River Road and Buena Vista 2) Proponent: Request: Location: Frank Samora RR to HC on 2.5 acres East of Highway 99 at the southeast corner of Houghton Road and Chevalier Road 3) Proponent: Request: Location: Frank Samora RR to ER on 50.96 acres Southwest corner of Houghton Road and South Union Avenue 4) Proponent: Request: Location: Bryan Haupt, Coleman Company (for Lutheran Church of Prayer) Medium Density Residential to GC on 3.95 acres Northeast corner of Mt. Vernon Avenue and Bernard Street The policy document issues were as follows: 1) Circulation Element Issue: Maintenance service "C" of level of 2) Land Use Element Issue: Net acreage vs . gross acreage for calculating dwelling unit yield 3) Safety Element Issue: Developer fees for constructing fire stations Each case was discussed separately by the Committee. The discussion relative to each map change request and policy document issue that formed the basis of the Committee's recommendation is contained in Attachment I for your review. The staff reports supplied to the entire City Council on December 27, 1989, on the items referred to this Committee are contained in Attachment II. Attachment III is a summary of the map change requests reviewed by the City Council with the proponents' request, Planning Commission/Planning Advisory Committee recommendation and City Council action. 344 Bakersfield, California, January 24, 1990 - Page 13 The Committee is recommending that the following actions be taken for those map change requests and policy document issues referenced above. I. Map Change Requests 1. Alta Hughes Engineering Change LR to GC for that property located at the southwest corner of White Lane and Old River Road, LR to GC for that property located at the northeast corner of Pacheco and Buena Vista, LR to HMR for that property on Pacheco east of Buena Vista northeast of the P.G.& E. pipeline easement, HMR to LR for the property on the northwest and southwest corner of the easterly extension of an unnamed proposed street and Old River Road, LR to for the triangular property located on the west side of Old River Road at the intersection of the Buena Vista Canal, and LR to LMR on the property at the southeast intersection of Mountain Vista Drive and White Lane all as shown on the attached map. 2. Frank Samora Deny request and retain as RR. 3. Frank Samora Deny request and retain as RR. Bryan Haupt, Coleman Company ( for Lutheran Church of Prayer) Deny request and retain as HMR. Bakersfield, California, January 24, 1990 - Page 14 II. Policy Document Issues A. Circulation Element Delete the wording, " with volumes less than 80 percent of capacity" from Paragraph 2 under the heading of Collectors on Page III-13. Change the last sentence in Paragraph 2 under the heading of Collectors on Page III-1 3 to read as follows: "On streets where the existing level of service is below 'C, ' special consideration to identify mitigation measures to prevent and/or delay degradation of the existing level of service would be required." and to change the wording of general policy ~36 on Page III-19 following the phrase, " . or when the existing level of service is below 'C,'" to read as follows: prevent where possible further degradation due to new development or expansion of existing development with a three-part mitigation program: adjacent right-of-way dedication, access improvements and/or an area-wide impact fee. The area-wide impact fee would be used where the physical changes for mitigation are not possible due to existing development and/or the mitigation measure is part of a larger project, such as freeways, which will be built at a later date." B. Land Use Element Retain the use of net acreage for land use density calculations as presented in the plan. Bakersfield, California, January 24, 1990 - Page 15 C. Safety Element Delete general policy #1 on Page VIII-35. Change general Page VIII-35 follows: policy #2 on to read as "Establish and maintain standards with regard to implementation item #3 on Page VIII-37 (I-1, I-2, I-3)." Renumber policies appropriately. And change implementation item #1 on Page VIII-37 to read as follows: "City funding of Police and Fire operations and maintenance costs will be provided through City General Fund Tax Revenues." Change implementation item #2 on Page VIII-37 to read as follows: "Funding for Police and Fire equipment and facilities will be facilitated through bond issues and/or development fees and/or land dedications and/or assessment districts." Recommendation It is recommended: 1. That this report with the referenced attachments be accepted. That the recommended actions contained in this report be implemented. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 1-90 was accepted. Councilmember McDermott made a motion to amend the 2010 General Plan by implementing the recommendations of Urban Development Committee Report No. 1-90. Upon a motion by Councilmember Peterson, Ms. Francis Morgan was allowed to speak at this time. Ms. Francis Morgan spoke regarding the 2010 General Plan. Bakersfield, California, January 24, 1990 - Page 16 Councilmember Peterson made a substitute motion to grant Mr. Frank Samora's requests to change RR to HC on 2.5 acres and RR to ER on 50.96 acres. The motion failed by a group vote. The motion by Councilmember McDermott to amend the 2010 General Plan by implementing the recommendations of Urban Development Committee Report No. 1-90 was approved by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 4-90 of the Council of the City of Bakersfield making findings, preliminarily approving adoption of the Metropolitan Bakersfield 2010 General Plan and transmitting report to the Kern County Board of Supervisors. Upon a motion by Councilmember McDermott, Resolution No. 4-90 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 Councilmember Brunni requested that she receive notification of all meetings before the Board of Supervisors. Mr. Ted James stated that the date of the workshop before the Board of Supervisors is February 5, 1990, at 9:00 a.m. · "ais is the time set for a public hearing to consider an appeal by Mel Blanton to the Board of Zoning Adjustment action approving the addition of five conditions at the reheating of CUP No. 4706 which originally approved an automotive service center at 3901Wible Road. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received from Roger Herrick, owner of Roger's Auto Repair, Ronald Pierce, owner of Victory Quick Oil Change, and Thomas S. Clark, Attorney, representing R & D Mobile Audio, in support of the appeal. Mayor Medders declared the hearing open for public participation. Mr. Mel Blanton spoke in opposition to the staff recommendation and requested reconsideration of Condition No. 1 of the amended CUP No. 4706, limiting the hours of operation to 9:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 5:00 p.m. on Sunday. Mr. Ronald Pierce, Victory Lane Quick Oil Change, spoke in opposition to the staff recommendation. Bakersfield, California, January 24, 1990 - Page 17 Mr. Tom Clark, Attorney for R & D Mobile Audio, spoke in opposition to the staff recommendation. Mr. Steve Merlo, 3412 Adanac, spoke in support of the staff recommendation. Mr. Bobby Woods spoke in support of the staff recommendation. Mr. Thad Rice, 3812 Sweet Springs Street, spoke in support of the staff recommendation. Mr. Jerry Callahan spoke in support of the staff recommendation. Mr. Tom Clark spoke in rebuttal in opposition to the staff recommendation. Ms. Sherry Delfino, Business Manager for R & D Mobile Audio, spoke in rebuttal in opposition to the staff recommendation. Mr. Steve Merlo, 3412 Adanac, spoke in rebuttal in support of the staff recommendation. No further protests 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. The meeting was recessed at 10:05 p.m. and was reconvened at 10:10 p.m. Upon a motion by Councilmember McDermott, the decision of the BZA was upheld, and CUP No. 4706 was amended to allow hours of operation from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 10:00 a.m. to 5:00 p.m. Sunday, by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: Abstain: Absent: None None None DeMond, McDermott, Smith, Brunni, Salvaggio This is the time set for public hearing before the Council of the City of Bakersfield to determine whether the public interest and necessity require taking of property located at 140 East White Lane (Rodden), for municipal airport purposes, pursuant to California Code of Civil Procedures Section 1245. 230. The property owners have been duly notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. William Anderson, Attorney representing Reverend Gary Rodden and Mrs. Rodden, spoke in opposition to the City's process of taking property located at 140 East White Lane for municipal airport purposes. Bakersfield, California, January 24, 1990 - Page 18 Airpark Manager Robert Olislagers spoke in support of the taking of property located at 140 East White Lane for municipal airport purposes. Mr. Egan Gost, Appraiser for the City, spoke in support of the taking of property located at 140 East White Lane for municipal airport purposes. Mr. William Anderson spoke in rebuttal in opposition to the City's process of taking property located at 140 East White Lane for municipal airport purposes. Airpark Manager Robert Olislagers in support of the taking of property located Lane for municipal airport purposes. spoke in rebuttal at 140 East White Mrs. Pat Rodden spoke in rebuttal in opposition to the taking of property located at 140 East White Lane for municipal airport purposes. No further protests 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. Adoption of Resolution No. 5-90 of the Council of the City of Bakersfield declaring the public interest and necessity for the taking of certain property located at 140 East White Lane (Rodden), for Municipal Airport purposes, pursuant to California Code of Civil Procedure Section 1245.230. Upon a motion by Councilmember Salvaggio, Resolution No. 5-90 of the Council of the City of Bakersfield was adopted by tile following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None REPORTS Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 2-90 regarding appointment of an eighth Planning Commissioner as follows: The Urban Development Committee has been meeting quarterly with a Planning Commission committee as directed by the City Council to consider planning issues. In our discussion of the Planning Commission's organization, it was suggested that an alternate eighth Planning Commissioner would be beneficial. Bakersfield, California, January 24, 1990 Page 19 There have been times when the Planning Commission has had to schedule special meetings, cancel meetings and adjourn for lack of a quorum because of absences and conflicts of interest. At other times, even though the Commission has had a majority (4) present, they have felt uncomfortably shorthanded dealing with issues before them. During general plan hearings four affirmative votes are required to change the plan. Some applicants feel they are at a disadvantage if only four Commissioners can hear the case and a unanimous vote is required of them for approval. The advantage of having an alternate Commissioner first came up while we were considering the appointment procedure for Planning Commissioners. Having an alternate would make a vacancy less of a serious problem for the Commission because that person could sit as a regular member while the Council went through its recruitment and appointment of a regular member. The alternative could apply for appointment to the regular seat or express a preference to reassume the alternate position upon appointment to the vacated regular term. The City Council could then take the time necessary to recruit qualified candidates for the regular position without feeling rushed by circumstance of a vacancy. Appointment of the alternate Planning Commissioner should follow the regular appointment process adopted by the City Council. The Commissioner would attend all meetings of the Planning Commission, study all the same material, file conflict of interest statements, take the place o f any disqualified or absent Commissioner and receive the same $25 per meeting stipend. During the Committee's discussion of appointments, terms of office and ethics, the Committee confirmed that Planning Commissioners serve at the pleasure of the City Council. However, this is not addressed by the curcent code. We felt it should be clearly stated. We also recommend that at least five affirmative votes by the Council be required to remove a Planning Commissioner from office. Bakersfield, California, January 24, 1990 - Page 20 A draft ordinance is attached to this report which would authorize appointment of the alternate Commissioner and state the City Council's authority to remove a Planning Commissioner. Since two Planning Commission terms expire in April, and we will be accepting applications for those in the upcoming months, it would be timely to have this ordinance in place if sufficient candidates are available for appointment. It is recommended that this report be implemented by considering the attached ordinance as first reading and subsequently adopting it. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 2-90 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 2.28.030 of the Bakersfield Municipal Code relating to membership of Placing Commission. City Manager Dale Hawley read City Manager's Report No. 1-90 regarding Request to Reinstitute Citizens Committee as follows: Over the past several years the City has grown in population, size and complexity. Along with this growth has come increased demands on Councilmembers ' time and energies. Unfortunately, along with the increased Council responsibilities, public awareness of the time and financial commitments which must be made by Councilmembers has not occurred. At this time, I am requesting Council's permission to reinstitute the Charter Review Committee to review Councilmember activities as they are today. The focus will be to provide our citizens with a current view of the tasks which their Councilmembers perform day-to-day. This would entail, among others, interviews with Councilmembers and community leaders as well as a comparison of compensation paid to Councilmembers in other cities. Information on the findings of the committee will be disseminated to the public through the media as well as public speaking engagements. The Charter Review Committee is an excellent resource for this task as it already has an in-depth knowledge of the City through its work with Charter review. Bakersfield, California, January 24, 1990 Page 21 It is expected that all members of the original committee might not be able to again assist the City in this endeavor. Because of this, I am also requesting permission to add replacement members as needed and to consult with members on a name for the committee which more accurately reflects its current task. I would expect the committee could complete its task within three to six months. Upon a motion by Councilmember DeMond, City Manager's Report No. 1-90 was accepted. Councilmember Salvaggio requested that staff provide to Councilmembers Brunni and Edwards, as well as members of the Citizens Committee, copies of the Citizen Awareness of Mayor and Council Roles which was prepared in May of 1989. Councilmember Salvaggio requested that Council be sensitive to having a cross-section for replacement members. Upon a motion by Councilmember DeMond, the requests of City Manager's Report No. 1-90 were approved. City Manager Dale Hawley read City Manager's Report No. 3-90 regarding the Fox Theatre as follows: On January 10, 1990, Mr. Daniel P. Coffey, representing the architectural firm of Daniel P. Coffee and Associates, presented to the Council at a workshop session, a master plan study of the Bakersfield Fox Theatre located at 20th and "H" Streets. Mr. Coffey's report indicates that the facility could be restored or renovated based on his findings that the structure is sound, the original design lends itself well for modifications and opportunities exist for possible expansion. Mr. Coffey's report indicates three options: A minimum facility primarily in its current configuration would require $2 - $2.5 million. A project including room modifications and additional equipment would cost approximately $4.7 million. A project which would include a restored facility with currently designed features would cost $5.9 million. These budget figures are exclusive of engineering services, bonding, architect's and consultant's fees that could range from $580,000 to $727,000. Also not i~cluded are funds for acquisition and asbestos removal. Bakersfield, California, January 24, 1990 Page 22 Mr. Coffey's report estimates that current construction costs for a new facility would be $15-20 million. Staff estimates the annual budget for the Fox Theatre to be approximately $320,000. Revenues including rental of commercial space are estimated at $100,000 annually. Therefore, an annual subsidy of $220,000 would be required. It is obvious that this project cannot proceed without community-wide funding support. Therefore, I recommend the master plan study be accepted and placed on file at the City Clerk's office with additional copies available for review at the Auditorium Department and City Manager's office. Also, that a letter be sent to the property owner, the various arts, theatre and other user groups to see if they are interested in pursuing a restoration or renovation project. Upon a motion by Councilmember Peterson, City Manager's Report No. 3-90 was accepted. Upon a motion by Councilmember Peterson, the recommendations of City Manager's Report No. 3-90 were implemented. Upon a motion by Councilmember Salvaggio, City Manager's Report No. 4-90 was added to the Agenda as an item on which action is necessary and which arose after the Agenda was prepared, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None City Manager Dale Hawley read City Manager's Report No. 4-90 regarding Health Care for Retirees as follows: At the request of several retirees, I have reviewed the notes in our files, discussed with the staff involved with health care negotiations and talked to Mr. David McCleary, our previous health care consultant, and I have concluded that the City made a commitment to the retirees that the separation of their group from the active employees would not result in the retirees being penalized for the separation. Separation of the groups caused the cost for retired employees' health insurance to increase at a much faster rate. Mr. McCleary's recommendation was to use part of the savings from active employee premiums to offset part of the increase for the retiree premiums. In effect, the retiree Blue Cross premiums should be subsidized approximately 42%. Bakersfield, California, January 24, 1990 - Page 23 In my report to the Council on December 13, 1989, I recommended that the Medical Reserve Trust Account contribute $240,328 toward retiree Blue Cross premiums, which was the same amount as last year, in addition to a $202,000 General Fund contribution for this year. However, in order for the subsidy to equal 42% of 1990 premiums, the Trust Account contribution should be increased to $352,000. The City's funding of retiree health premiums is one of the items that our professional health care advisor will be reviewing. However, until this work is completed, I recommend that the Council accept this report and approve the Trust Account contribution of up to $352,000 for 1990. This amount does not take into account any shift of retirees away from Blue Cross which, if any, would result in a smaller subsidy than being recommended. Councilmember Salvaggio made a motion to accept City Manager's Report No. 4-90. Upon a substitute motion by Councilmember McDermott, this matter was postponed to February 7, 1990, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, McDermott Councilmembers Peterson, Salvaggio None None Noes: Abstain: Absent: ACTION ON BIDS Award of Contract No. 90-20 with Granite Construction Company for Traffic Signal System on Commercial Way at Truxtun Avenue. Upon a motion by Councilmember Brunni, the low bid from Granite Construction Company in the amount of $126,155.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Two 250-Gallon Fiberglass Slip-on Units Used for Fighting Grass Fires. Upon a motion by Councilmember DeMond, Valley Tool and Manufacturing Company, Inc., in $23,797.73 was accepted. the bid from the amount of Four Refuse Trucks (2 Additional, 2 Replacement ). Upon a motion by Councilmember Peterson, the bid from Golden State Peterbilt, in the amount of $403,879.62 was accepted and all other bids rejected. Annual Contract for Water Meters for Ag Water. Bakersfield, California, January 24, 1990 - Page 24 Upon a motion by Councilmember Edwards, all bids submitted on January 5, 1990, were rejected, and staff was authorized to review the specifications and re-bid ~the Contract. Annual Contract Indnstries, Inc., General Services. No. 90-21 with Zumar for Traffic Signs for Upon a motion by Councilmember McDermott, the low bid from Zumar Industries, Inc., in the amount of $27,971.38 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Annual Contract No. 90-22 with Supply, Inc., for PVC Pipe and for City use (Parks Department.) Kern Turf Sprinklers Upon a motion by Councilmember Peterson, Annual Contract No. 90-22 with Kern Turf Supply, Inc., in the amount of $33,047.71 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3270 of the Council of the City of Bakersfield repealing Section 3.40.140 of the Bakersfield Municipal Code relating to enforcement of and penalties for violation of the Trausient Lodging Chapter. This Ordinance was given First Reading at the meeting of January 10, 1990. Upon a motion by Councilmember Peterson, Ordinance No. 3270 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Adoption of Ordinance No. 3271 of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties located on the southeast corner of Teal Street and Hughes Lane from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial). This Ordinance was given First Reading at the meeting of January 10, 1990. Councilmember Petersoil declared a conflict of interest and adjourned from the meeting. Bakersfield, California, January 24, 1990 - Page 25 Upon a motion by Councilmember Salvaggio, Ordinance No. 3271 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio None None Councilmember Peterson Noes: Abstain: Absent: Brunni , NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 8.70 to the Bakersfield Municipal Code relating to the regulation of wells and water systems. On November 1, 1989, the State of California Water Resources Control Board adopted a Model Well Standards Ordinance (Section 13801 of the Water Code) which becomes effective February 15, 1990. This law prescribes that each county, city or water agency must adopt and enforce a water well ordinance that meets or exceeds the standards contained in the State Ordinance, or the State Model Ordinance becomes that jurisdiction's ordinance. First Reading of an Ordinance of the Council of the City of Bakersfield adding Sections 15.04.090 and 15.04.100 to the Bakersfield Municipal Code relating to Uniform Buildings and Construction Code. This Ordinance adds two sections to the City's Uniform Buildings and Construction Code which were inadvertently omitted at the time the Ordinance was adopted. These sections relate to adoption of fees and their disposition. First Reading of an Ordinance of the Council of the City of Bakersfield amending Subsection A. of Section 8.28.010, Section 8.28.030, and adding Section 8.28.022 and Subsection C. to Section 8.28.030 of the Bakersfield Municipal Code relating to weeds and waste matter. This Ordinance amends the penalty provisions for weed abatement violations and allows for the collection of fees for re-inspection if correction notices are not followed. Other changes in the Ordinance are for clarification purposes. First Reading of an Ordinance of the Council of the City of Bakersfield adding Subsection A.15. to Section 5.16.070 of the Bakersfield Municipal Code relating to cardrooms. This Ordinance prohibits the current practice of some cardroom facilities in the City of providing patrons with poker chips having a value much greater than the amount charged to the patron. This practice is prohibited by Kern County, and has been the source of complaints from competing businesses of unfair business practices. :57 Bakersfield, California, January 24, 1990 Page 26 First Reading of an Ordinance of the Council of the City of Bakersfield repealing Chapter 3.08 of the Bakersfield Municipal Code relating to deposits. This Ordinance repeals the chapter which adopts by reference a state law relating to City money deposite~ in banks. The state law adopted in this chapter no longer exists. First Reading of an Ordinance of the Conncil of the City of Bakersfield amending Section 2.72.130 and adding Section 2.72.135 to the Bakersfield Municipal Code relating to nepotism and marital status. It is necessary to revise the Ordinance code provisions setting forth the City's Nepotism and Marital Status Policy in light of an opinion from the Attorney's Office that the current policy is not lawfully binding. The proposed policy is a result of meetings with the Police, Fire and Miscellaneous Civil Service Boards, as well as with the Attorney's Office, to develop a policy which will be applied consistently by the three Civil Service Boards. The Nepotism and Marital Status Policy has been presented and approved by the Police, Fire and Miscellaneous Civil Service Boards. Councilmember Salvaggio requested staff provide each member of the Council a copy of the current ordinance with the changes superimposed. Adoption of Resolution of Intention No. 1069 of the Council of the City of Bakersfield declaring its intention to order the vacation of East Planz Road, from approximately one-quarter mile east of South Union Avenue to Madison Street, within the Bakersfield Airpark expansion project area, in the City of Bakersfield. This Resolution sets the date of hearing for February 21, 1990. Upon a motion by Councilmember Salvaggio, Resolution of Intention No. 1069 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 24, 1990 - Page 27 Adoption of Resolution No. 6-90 of the Council of the City of Bakersfield endorsing application for an Urban Stream Restoration Grant and determining appropriate environmental impact documents, conditionally accepting grant if offered, and designating Contract Manager and Fiscal Agent. Upon a motion by Councilmember Salvaggio, Resolution No. 6-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 7-90 of the Council of the City of Bakersfield endorsing application for an Urban Stream Restoration Grant and determining appropriate Environmental Impact Document, conditionally accepting grant if offered, and designating Contract Manager and Fiscal Agent for the acquisition of real property in the Bakersfield Educational Studies Area of the Kern River Parkway. Upon a motion by Councilmember Peterson, No. 7-90 of the Council of the City of Bakersfield by the following roll call vote: Resolution was adopted Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Peterson, McDermott, Smith, Brunni, Salvaggio Approval of Agreement No. 90-23 with Records Systems Associates, Inc., for the design and installation of a Records Management System for the City Clerk's Office. Upon a motion by Councilmember DeMond, No. 90-23 with Records Systems Associates, Inc., was and the Mayor authorized to execute the Contract. Contract approved One appointment to the Community Advisory Council (Southeast Bakersfield Enterprise Zone) due to the expiration of term by Alice Mack whose term expired December 31, 1989. Upon a motion by Councilmember Edwards, Mr. John Fulton, 275 Adams Street, was nominated to the Community Advisory Council. Mr. Fulton is a resident of the Casa Loma Specific Plan area. Bakersfield, California, January 24, 1990 Page 28 Approval of Agreement No. 90-24 with Woodward-Clyde Consultants for pipeline risk assessment. Upon a motion by Councilmember McDermott, Agreement No. 90-24 with Woodward-Clyde Consultants was approved, the transfer of $27,000 from Council Contingency Account to Planning Department operating budget within the General Fund was authorized, and the Mayor authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Amendment No. 1 to Fiscal Year 89-90 Final Statement Community Development Block Grant Application. Upon a motion by Councilmember ~McDermott, Amendment No. 1 to Fiscal Year 89-90 Final Statement Community Development Block Grant Application was approved and the City Manager authorized to execute and submit to HUD, by the following group vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio None Councilmember Edwards None Peterson, COUNCIL STATEMENTS Councilmember DeMond requested Planning staff give Council a written recommendation and a report regarding the Emergency Ordinance on the housing situation downtown by next week. Councilmember DeMond stated that if anyone knows of someone who would like to be on the URM Committee, note the ward they live in, their occupation, and any special interests they may have and submit the information to her. Councilmember Brunni announced that there is going to be a rededication of the Bakersfield Convention Center on April 4, 1990, with a celebration which will include Julio Iglasius . As a result of this rededication, Councilmember Brunni made a motion to change the date of the Council meeting to Tuesday, April 3, 1990, as a special circumstance to accommodate being able to be a part of the celebration of renaming the Bakersfield Convention Center. The motion was postponed to the next Council meeting. Councilmember Brunni stated she is the Chairperson of the Auditorium and Community Services Committee, and since they have changed the name of the C~vic Auditorium, she would like to have the name of that Committee changed to Convention Center and Community Services Committee, and would like to have this matter placed on the Agenda for the second Council meeting in February 1990. Bakersfield, California, January 24, 1990 - Page 29 Councilmember McDermott stated that he received a letter from Mr. Milazzo stating that he is resigning from the Planning Commission. Councilmember McDermott stated he would like to open the nominations for Planning Commissioner, thereby closing the nominations on the 21st of February 1990. Mr. Jack Hardisty stated that Mr. Milazzo's term of office expires on April 17th, 1990, and another Commissioner's term of office also expires on April 17, 1990, and it appears they will have the ability to appoint an alternate Commissioner by that time. Councilmember DeMond stated this matter should be referred to the next Council meeting. Mr. Jack Hardisty stated he would review this matter and bring it up at the next Council meeting. Councilmember Salvaggio requested staff provide to Councilmembers Brunni and Edwards with a copy of the Citizens Ad Hoc Space Needs report they submitted to the Council on April 26, 1989. Councilmember Salvaggio stated that Pacific Gas & Electric Company, through its interim Branch Manager, Mr. Gary Green, would like to make a major corporate donation in terms of volunteers and time as well as financial support to the Kern River Parkway. He stated he would like staff to ,neet with Mr. Green and come back with a report. Councilmember Brunni stated she will not be present at the next Council meeting. She stated bhat Council should follow the process they have set up for filling vacancies on the Planning Commission. Bakersfield, California, January 24, 1990 - Page 30 ADJOURNMEN~ There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 12:20 a.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK Officio Clerk of the Council of the City of Bakersfield, California kdsc