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HomeMy WebLinkAbout03/07/1990 MINUTES CCBakersfield, California, March 7, 1990 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 7, 1990. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, DeMond, Smith (seated at 5:30 p.m.), Peterson, McDermott, Salvaggio Councilmember Brunni WORKSHOP THE EXPANSION OF WASTEWATER TREATMENT PLANT NO. 2 City Manager Dale Hawley introduced Mr. Fred Kloepper who introduced two rep£esentatives of J. C. Corolla Engineers, Mr. Gary Dice, Project Manager, who spoke regarding the Master Plan for the upgraded expansion of Wastewater Treatment Plant No. 2; and Mr. Howard May. KERN COUNTY WATER AGENCY - KERN COUNTY WATER BANK LAND USE COMMITTEE Mr. Tom Clark, Assistant General Manager, Kern Country Water Agency, provided a local overview of the State Water Project in Kern County and the need for water in Kern County froin the State Water Project. Mr. Steve McCully, Prograin Manager, Department of Water Resources for the Kern Water Bank, spoke regarding the need for the Kern County Water Bank. Ms. Deloris Brown, Environmental Program Manager, spoke regarding the Land Use Committee. CLOSED SESSION City Attorney Art Saalfield stated that the City has received an offer in the case of City of Bakersfield vs. Banducci Enterprises, concerning the property at 18th and "K" Streets, and it is important that this be brought before the Council and asked that City of Bakersfield vs. Banducci Enterprises be added to Closed Session. Councilmember Peteuson made a motion that au item arose after the Agenda was prepared upon which action is necessary. The ,notion was approved. Upon a motion by Councilmember DeMond, Closed Session pursuant to Government Code Sections 54956.8 and 54956.9 pending litigation, acquisition of real property, in the case of City of Bakersfield vs. Bandncci Enterprises, was added to Closed Session. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session. Bakersfield, California, March 7, 1990 - Page 2 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 5:35 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc 396 Bakersfield, California, March 7, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:35 p.m., March 7, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 6:05 p.m.), Peterson, McDermott, Salvaggio Absent: None CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) pending litigation, in the case of Seabourn rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) pending litigation, in the case of Nail rs. City of Bakersfield. Closed Session pursuant to Government Code Sections 54956.8 and 54956.9 pending litigation, in the case of City of Bakersfield rs. Banducci Enterprises (18th and "K" Streets). ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:44 p.m. MAYOR of the City of Bakersfield, CA ATTEST: Council of the City of Bakersfield, CA kdsc Bakersfield, California, March 7, 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., March 7, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Reverend Pete Baker, 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 PRESENTATION Councilmember McDermott presented a plaque to the Mayor and the City Council in honor of being Charter Members of the Kern Economic Development Corporation. Calendar: The be CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. 6493 to 7028, inclusive, in the amount of $1 , 465,710.36. Communication received from Melvin Jans, Tenneco West, Inc., P. O. Box 9380, dated February 19, 1990, regarding Quitclaim Deed for Outfall Sewer Properties. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) c. Dedication of Properties: Deed No. 3196, Easement to Pacific Gas and Electric Company for electrical facilities at the northeast corner of Truxtun Avenue and Coffee Road. Street Right of Way Deed No. 3197 from Panorama Highlands Development Company for a portion of Thorner Street north of Panorama Drive and west of Morning Drive. Street Right of Way Deed No. 3198 from Bakersfield City School District for a portion of Thorher Street north of Panorama Drive and west of Morning Drive. Deed NO. 3199, Grant of Easement from Bakersfield City School District for electrical service to a street light north of Panorama Drive and west of Morning Drive. Consent Bakersfield, California, March 7, 1990 - Page 2 o Corporation Grant Deed No. 3200 from Valley Baptist Church for a portion of a sump located north of Hageman Road and east of Fruitvale Avenue. Street Right of Way Deed No. 3201 from Valley Baptist Church for additional right-of-way along the north right-of-way of Hageman Road east of Fruitvale Avenue. Deed No. 3202, Irrevocable Offer of Drainage Easement from Valley Baptist Church for a storm drain along the east right-of-way of Fruitvale Avenue north of Hageman Road. Quitclaim Deed No. 3203 from City of Bakersfield to Chevron USA, Inc., granting Chevron subsurface rights. Final Map and Improvement Agreement Nos. 90-55 and 90-56 with Dennis DeWalt, Inc., for Tract 5034, Phase 5, consisting of 55 lots on 13.08 acres located south of Hageman Road between Calloway Drive and Riverlakes Ranch Drive. Notice of Completion and Acceptance of Work for construction of reinforced box culvert on Inyo Street at the Eastside Canal, Contract No. 89-261, completed February 23, 1990. Approval of Plans and Specifications for the stairway and deck structure at Lagoon B, Wastewater Treatment Plant No. 3. Independent Contractor's Agreement No. 90-57 with Edward J. Wilson, dba Wilson & Associates, for engineering services for Assessment District No. 87-1 (South Jenkins Road to Buena Vista Road Sewer Project), Apportionment No. 1. Deed No. 3204, Subordination Agreement with Robert Jackson to substitute a new lender on a Rental Rehabilitation Loan. Upon a motion by Councilmember Salvaggio, c, d, e, f, g, and h of the Consent Calender were the following roll call vote: Items a, b, adopted by Ayes: Councilmembers Edwards, DeMond, Peterson, McDermott, Noes: None Abstain: None Absent: None Smith, Brunni, Salvaggio Bakersfield, California, March 7, 1990 Page 3 PUBLIC STATEMENTS Mr. Bruce Keith, Chairman, Historic Preservation Commission, 1820 Brundage Lane, Suite C, spoke regarding the Historic Preservation Commission and provided copies of the Historic Preservation Commission Annual Report. Councilmember DeMond informed the public of an upcoming vacancy on the Historic Preservation Committee due to the expiration of term of Mrs. Gibson. Mr. Kevin Rupp, 2702 20th Street, spoke in support of the Historic Preservation Ordinance. Ms. Carol Raupp, 2118 Chester Lane, urged City Council support of Earth Day 1990. Ms. Alison Sheehey, 27588 Acacia Street, spoke regarding Earth Day 1990. Mr. Rick Hewett, Nature Conservancy and Committee Organizing Earth Day 1990, 5401 Business Park South, No. 206, spoke regarding Earth Day 1990. Upon a motion by Councilmember McDermott, Deferred Business Item 9(a), regarding a resolution of the Council of the City of Bakersfield making findings and adopting the Metropolitan Bakersfield 2010 General Plan subject to the changes reflected in Exhibit C, was brought forward to be heard prior to Hearings. Adoption of Resolution No. 19-90 of the Council of the City of Bakersfield making findings and adopting the Metropolitan Bakersfield 2010 General Plan subject to the changes reflected in Exhibit C. Upon a motion by Counc~.lmember McDermott, Resolution No. 19-90 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 Bakersfield, California, March 7, 1990 - Page 4 HEARINGS This is the time set for public hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT I: Martin-Mcintosh for Oceanic Communities, Inc., has applied to amend the Land Use Element of the Bakersfield Plan from Industrial and Open Space to Low Density Residential on 96 acres and add ten acres of commercial to an existing five-acre commercial site for a total commercial development of fifteen acres generally located south of Brimhall Road and east of Calloway Drive. (GPA 4-89, Segment I. ) This hearing has been duly advertised, posted and the 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. Adoption of Resolution No. 20-90 of the Council of the City of Bakersfield making findings, adopting Negative Declaration with Mitigation Measures and approving Segment I of the Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 4-89). Councilmember McDermott stated this Resolution is reserving the right-of-way for a future freeway alignment. Upon a motion by Councilmember Brunni, Resolution No. 20-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, D eMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 7, 1990 - Page 5 SEGMENT II: City of Bakersfield Police Department has applied to amend the Land Use Element of the Bakersfield Plan from Open Space to Public Buildings on 7.22 acres generally located on the south side of the Casa Loma Drive Alignment, approximately 600 feet east of South Mr. Vernon Avenue. (GPA 4-89, Segment II.) This hearing has been duly advertised, posted and the 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. Adoption of Resolution No. 21-90 of the Council of the City of Bakersfield making findings, approving Negative Declaration with Mitigation Measures and approving Segment II of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 4-89). Upon a motion by Councilmember Edwards, Resolution No. 21-90 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 SEGMENT DeWalt-Porter Engineering has applied to amend the Land Use Element of the General Plan from Industrial (Auto-related) to Industrial (General Purpose) on 30.92 acres located between Pacheco Road and Harris Road, and between Wible Road and Highway 99. (GPA 4-89, Segment III.) This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. Clyde Barbou, 52 East Hills Drive, spoke in favor of the General Plan Amendment. Mr. Hal Holden, representing Volkswagen of America, spoke in opposition to the General Plan Amendment. Mr. John Pitre, General Manager, Penske Auto Center, spoke in opposition to the General Plan Amendment. Bakersfield, California, March 7, 1990 - Page 6 Mr. Clyde Barbou spoke in rebuttal in favor of the General Plan Amendment. Mr. Bill Slocumb, representing Volkswagen of America, spoke in rebuttal in opposition to the General Plan ~nendment. 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. 22-90 of the Council of the City of Bakersfield making findings, approving Negative Declaration and approving Segment III of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 4-89). Councilmember McDermott made a motion to approve the General Plan Amendment; however, Council will not grant zoning until improvements are completed, staff will be directed to provide the list of improvements to be completed to Mr. Barbou, Mr. Barbou will have sixty days to complete those improvements, and a zoning will not be granted until those improvements are completed. Upon a motion by Councilmember McDermott, Resolution No. 22-90 of the Council of the City of Bakersfield was adopted, with the condition that staff be directed to provide a list of the needed improvements to Mr. Barbou as soon as possible, and that the applicant be given sixty days to make those improvements, and that Council will hold off on any consideration of zoning until those improvements are made, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None SEGMENT V: Polo Grounds joint venture has applied to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan by expanding the plan through designation of 1,353 acres for Low Density Residential, 15 acres for Medium Density Residential, 31 acres for Commercial, and 53 acres for Recreation Commercial generally located between Calloway Drive, Snow Road, Jewetta Avenue, Noriega Road, Allen Road and Hageman Road. (GPA 4-89, Segment 5.) This hearing has been duly advertised, posted and the property owners notified as required by law. Communication has been ~eceived from B & B Builders, 1430 Truxtun Avenue, dated February 28, 1990, asking the Council to support the project. Bakersfield, California, March 7, 1990 Page 7 Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 23-90 of the Council of the City of Bakersfield making findings, adopting Environmental Impact Report and approving Segment V of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 4-89). Upon a motion by Councilmember Peterson, Resolution No. 23-90 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 REPORTS Upon a motion by Councilmember DeMond, Historic Preservation Commission Report No. 1-90 regarding Historic Preservation Ordinance was referred to the Urban Development Committee. Councilmember Edwards, Chairperson of the Personnel Committee, read Report No. 2-90 regarding Nepotism and Marital Status Policy as follows: At its meeting on Monday, February 26, 1990, the Personnel Committee discussed the revision of the City's current Ordinance on Nepotism. During the past year, the Civil Service Commissions have expressed concerns regarding the City's Nepotism Policy. Therefore, after staff researched, Personnel requested an opinion from the law firm, Liebert, Cassidy & Frierson, specialists in the field of personnel law. We were informed the City of Bakersfield's Policy falls short of complying with California and Federal Law, because it merely presumes that marital status can cause certain problems. Therefore, the City's current Nepotism Policy could give rise to a claim of marital status discrimination, pursuant to California Government Code, Section 12940 (The California Fair Employment & Housing Act) which prohibits discrimination on the basis of marital status. Bakersfield, California, March 7, 1990 - Page 8 The new Nepotism Ordinance prohibits the City from making employment decisions based upon an individual's marital status unless the employer can prove that a reasonably anticipated problem with supervision, safety, security or morale exists which is greater for married employees than for other unmarried employees. In addition, the language in the City's Policy was changed to clearly express the intent of the Ordinance and remove any ambiguities. The three Civil Service Boards have reviewed and approved this Ordinance and the Personnel Committee respectfully requests Council's adoption of same. Upon a motion by Councilmember Edwards, Personnel Committee Report No. 2-90 was accepted. Adoption of Ordinance No. 3279 of the Council 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. This Ordinance was given First Reading at the meeting of January 24, 1990. Upon a motion by Councilmember Edwards, Ordinance No. 3279 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 Peterson read Convention Center and Community Services Committee Report No. 1-90 regarding Correspondence from Faith Tabernacle Assembly Regarding Pornographic Entertainment as follows: On February 13, ~990, a letter was received froIn Reverend Kenneth Lee Price, Faith Tabernacle Assembly, regarding his concern for the type of events held at the Convention Center. This issue was placed on the Council Agenda on February 2~, 1990, and referred to the Convention Center and Community Services Committee. The Committee has met with staff to discuss this issue. After further review, the Committee directed staff to respond in writing to Reverend Price explaining the City' s position. It was further recommended that no additional action be taken. Bakersfield, California, March 7, 1990 Page 9 Upon a motion by Councilmember Peterson, Convention Center and Community Services Committee Report No. 1-90 was accepted. Upon a motion by Councilmember Peterson, the recommendations of Convention Center and Community Services Committee Report No. 1-90 were implemented. Councilmember Brunni, Chairperson of the Convention Center and Community Services Committee, read Report No. 2-90 regarding City-Wide Park Maintenance District as follows: On February 21, 1990, the City Council referred the matter of a City-Wide Park Maintenance District (District) to the Convention Center and Community Services Committee (Committee). Since that time the Committee has reviewed the Public Affairs Survey of Voter Opinion Regarding Creation of a City-Wide Park Maintenance District, received a report from the Citizen's Park and Recreation Advisory Committee (CPRAC), met with the subcommittee of CPRAC and met with staff in an attempt to present the Council with a proposal with regard to the formation of a District. This is a very complex issue and this Committee feels that while not taking a position of support or opposition to the concept of such District, we do believe the citizens of Bakersfield should be heard through the formal process of a protest hearing on the matter of forming such District, and that the process proceed on a schedule that, if approved, the District can be implemented for the next fiscal year. This Committee recommends the following: That Council direct staff to prepare a Resolution of Intention to form a City-Wide Park Maintenance District for approval at the March 21, 1990, Council Meeting. That a protest hearing be set on the proposal that the City of Bakersfield establish a City-Wide Park Maintenance District, divided into four zones. Zone 2 would include those areas now included in existing Maintenance District Nos. 3, 4, 5 and 17. Zone 3 would include the portions of the City within the North Bakersfield Recreation and Parks District. Zone 4 would include the unincorporated areas within Maintenance District No. 14 (Challenger Park). Zone 1 would include the rest of the City. Bakersfield, California, March 7, 1990 - Page 10 That, if the District is formed, the City continue to contribute an amount to parks maintenance equivalent to the present contribution, except that $600,000 of those funds currently contributed be set aside for the acquisition of park lands and development of recreation facilities within Zone 1 for a period of five years. Both contributions shall be adjusted annually. That beginning in fiscal year 1995-96, Zones 1 and 2 be combined into one zone with an equal per residence assessment, and the contribution to park and recreation development be used in the combined zone, as determined by the Council. That, if formed, the District include assessments in Zones 1, 2 and 3 for the maintenance of the Kern River Parkway. That, if the District is formed, the rates of assessment for 1990-91 be set as per the attached chart. That Senior Citizens (65 years or older) be eligible to receive a 50% rebate utilizing the procedure used for refuse rebates. That the protest hearing be scheduled at a special meeting of the Council to be held April 25, 1990. That the Council authorize the transfer of $66,000 from the Council Contingency Fund to the Public Works budget to cover the cost of mailing notice to the public of the protest hearing. The Committee recommends the acceptance of the report and the implementation of its recommendation. Councilmember Salvaggio stated for the record that the word "acquisition" means acquisition and development of park lands. Upon a motion by Councilmember Peterson, Convention Center and Community Services Committee Report No. 2-90 was accepted. Upon a motion by Councilmember Peterson, the recommendations of Convention Center and Community Services Committee Report No. 2-90 were implemented. Bakersfield, California, March 7, 1990 - Page 11 Mayor Medders recessed the meeting at 8:50 p.m. and reconvened at 8:55 p.m. Community Zones for Councilmember Salvaggio read Convention Center and Services Committee Report No. 3-90 regarding Variable Maintenance Districts as follows: The attached Ordinance was given First Reading at the Council meeting of February 21, 1990, and was referred to this Committee for report and recommendation. The Ordinance will authorize creation of zones of benefit within City maintenance districts. The proposed City-Wide Park Maintenance District, regardless of other possible configurations, needs to include separate benefit zones for the unincorporated area in Maintenance District 14 (Challenger Park) and the areas within the North Bakersfield Recreation and Parks District. Zones have been established in landscape maintenance districts in the past, without specific authority to do so in our maintenance district ordinance. The Committee recommends the acceptance of the report and the adoption of the Ordinance. Upon a motion by Councilmember Salvaggio, Convention Center and Community Services Committee Report No. 3-90 was accepted. Adoption of Ordinance No. 3280 of the Council of the City of Bakersfield adding Subsection B. to Section 13.04.080 and amending Subsection A. to Section 13.04.210 of the Bakersfield Municipal Code relating to classification of maintenance district areas into zones. This Ordinance was given First Reading at the meeting of February 21, 1990. Upon a motion by Councilmember Salvaggio, Ordinance No. 3280 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers D eMond, Smith, Brunni, Peterson, McDermott, Salvaggio Councilmember Edwards None None Noes: Abstain: Absent: Bakersfield, California, March 7, 1990 Page 12 Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 3-90 regarding Request for Proposal for City Physician Contract as follows: The City Council referred the issue of the City Physician Request for Proposal to the Budget and Finance Committee for further review. The Committee has met and recommends that staff distribute the requests for proposals for City Physician Services on March 9, 1990. The Committee asked questions about workers' compensation procedures and policies and will continue to work with staff to develop a better understanding of this process and will review opportunities for improvement in this area. The Committee requests that the Council accept this report and implement its recommendations. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 3-90 was accepted. Councilmember McDermott made a motion to refer four letters to staff regarding the contract for further negotiations, and to implement the recommendations of Budget and Finance Committee Report No. 3-90. Councilmember Peterson made a substitute motio~ that the Report from the Budget and Finance Committee regarding the City Physician adopt a new RFP policy: (1) that the RFP include a clause that the City will only pay the relative value schedule instead of the normal and customary fees which are currently being paid; (2) the City Physician cannot refer to any provider where there is a financial interest shared by the two parties; (3) the City Physician will not receive any financial compensation from any referral provider. Councilmember Brunni made a substitute motion that this item be referred to Committee for further action. Upon a substitute motion by Councilmember Salvaggio, the recommendations of Budget and Finance Committee Report No. 3-90 were approved, with the exception that the report or request for proposal not be sent out by March 9th, with the first amendment Vice-Mayor Peterson proposed, and that the second item be referred back to the Budget and Finance Committee for further study to report back to Council at the next Council meeting. Bakersfield, California, March 7, 1990 - Page 13 Economic Development Director Jake Wager provided an oral report regarding the Southeast Bakersfield Employment and Economic Incentive Program Area as follows: At the last Council meeting staff was requested to make a report on the progress being made on the services to be provided for the Southeast Bakersfield Incentive Area. Our approach has been to identify the services necessary to attract new businesses and create new employment in the Incentive Area on a cost effective basis. Over the past thirty days staff has been working closely with the area's co-agent, the County of Kern; we have surveyed other Enterprise Zones, we have analyzed past expenditures, we have had numerous discussions with other agencies actively involved in economic development within the Metropolitan Bakersfield area. My report tonight precedes a joint City/County presentation to the Incentive Area's Community Advisory Council (CAC) scheduled for Thursday, March 8. It should also be noted that my report is a preliminary sketch inasmuch as negotiations are still under way. It is staff's hope that on March 21st we would bring back a formal proposal to the City Council accompanied by any comments by the CAC. If at that point the proposal meets with the City Council's approval, staff would then prepare the necessary agreements for execution by the various parties involved at the next Council meeting following March 21st. As the Council may recall, the existing agreement expires April 5th. Our preliminary proposal is the City and County will "co-locate" into the present Incentive Area Information Center to maintain a visible presence in the area. Such a "co-location will provide a clearinghouse, or one-stop shop," for financial, job training, and business development programs. City and County propose to modify our existing agreement with Mid State Development Corporation to provide for the leasing of space at their current location within the Incentive Area. In the Information Center, City proposes to house its new Business Expansion and Retention Specialist. That proposal was included in my budget proposal to the City Manager for 1990-91. Bakersfield, California, March 7, 1990 - Page 14 Employers' Training Resource (ETR) could use the site, and we have had discussions with them and they have expressed an interest in co-locating there as well, for promoting available job training programs and for qualifying eligible employees. Kern Economic Development Corporation (KEDC) would utilize the Information Center as a place to bring clients interested in locating in the Incentive Area. Mid State would continue to use a portion of the Information Center to carry on their day-to-day business of packaging small business loans. City and County staff also propose to jointly fund one full-time clerical position who would be housed in the Information Center at all times. City and County staff have identified the basic services necessary to retain, expand and attract businesses for the benefit of the Incentive Area and its residents. On the blue sheet that we forwarded to you, you will note the grid illustrates the lead agencies as the current practices as well as those agencies playing a supporting role. Our proposed schedule would be the next one, the green sheet, and if you will notice, basically what we have done is we have transferred the four primary responsibilities of Mid State to either the City and County as co-agents as well as ETR. Most of the other functions remain as current and most of the burden of that falls on the City and County staff as co-agents for the Program Incentive Area. I would like to expand a little bit on one of those items, and that is the business retention and expansion that is about 3/4 of the way down marked for City/County. The Economic Development Departments' major efforts presently are responding to new businesses which show an interest in relocating to our City and we will soon begin an act of recruitment program to increase our leads along with KEDC. But, just as important as business recruitment is the development of a business retention and expansion program. The retention and expansion of existing firms is essential to increasing employment, maintaining a stable tax base, and attracting new businesses. An estimated 70 percent of new employment growth in a community is generated from existing businesses. Bakersfield, California, March 7, 1990 - Page 15 For the City, a formal, organized business retention and expansion program is essential in continuing our City's growth and development. With the emphasis on trying to diversify our economic base and recruiting new industry, one of the greatest assets Bakersfield has is a healthy pro-business environment. There is a need in Bakersfield to encourage our local industries to stay in our City, as well as expand to serve a broader customer service base. The City of Bakersfield's Business Retention and Expansion Program would have one overall goal: to assist existing businesses in their efforts to compete and expand; thus, creating more job opportunities, increased sales, and additional investment in the City. More specifically, the objectives include: Demonstrating the City's pro-business attitude and appreciation of the businesses' and industries' economic contribution to the community. Assisting businesses in solving local issues, and working with local government or departments. Assisting businesses in using state and federal economic development programs, such as SBA loans, etc. Developing a data base of City businesses/companies for local economic strategic planning to improve the local climate for growth and to keep them informed of local opportunities. Establishing an early-warning system for plant/business closures, allowing the community to prevent or ease such situations when possible. Develop a City-wide procurement network in which local businesses would buy from local suppliers thus retaining as many sale dollars within the community as possible for as long as possible. One added task that we are proposing is the development of a recruitment team of community leaders. This is similar to what KEDC is presently doing with their ambassador program. One of the things that we would like to do is work in the Incentive Area and identify businesses, provide some training to them, and actually have them join us and KEDC on our trip visitations to Los Angeles. The feeling here is that if the business is going there in advance and telling them how they fare in the Incentive Area, that that business then can act as a co-sponsor when there is a site visit to the Incentive Area. Bakersfield, California, March 7, 1990 - Page As indicated earlier, the advantage to this approach is that by co-locating, a one-stop shop will be available to businesses interested in receiving information on the many layers of benefits that are available within the Incentive Area. In addition, staff does contemplate adding EDD and NEDA as co-locators. EDD would be providing a job bank where individuals could go to find out about availability of jobs as well as indicating their skills and what jobs they may be seeking. NEDA presently provides services to minority contractors and we have had some preliminary discussions with them about such an office, and they have indicated a preliminary interest. Lastly, by retaining Mid State in its current location and co-locating alongside them, the community does not lose the technical expertise they have acquired over the past twelve months. Councilmember Salvaggio requested from Economic Development Director Wager a copy of his Oral Report. Upon a motion by Councilmember Smith, an ADHOC Committee was formed and Councilmembers McDermott, Salvaggio and Edwards were selected as members of that Committee. Upon a ,notion by Councilmember Peterson, this matter was referred to the ADHOC Committee with a request for a computer run of the actual costs of all expenses in the Southeast Bakersfield Incentive Area. ACTION ON BIDS Approval of Annual Contract No. 90-58 with Granite Construction Company for Type "B" Asphalt Concrete for Street Department. Upon a motion by Councilmember Peterson, the bid from Granite Construction Company in the amount of $158,950.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 90-59 with Battery Center for Automotive Batteries for City Vehicles. Upon a motion by Councilmember Peterson, the low bid from Battery Center in the amount of $17,043.64 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, March 7, 1990 - Page 17 Approval of Annual Contract No. 90-60 with Nu-EASE, Inc., No. 90-61 with National Sanitary Supply Company, and No. 90-62 with San Joaquin Supply for Janitorial Supplies for City use. Upon a motion by Councilmember Peterson, the low bid from Nu-EASE, Inc. (29 items; $6,545.43), National Sanitary Supply Company (32 items; $2,695.76), and San Joaquin Supply (28 items; $2,045.85) were accepted, all other bids rejected, and the Mayor authorized to execute the Contracts. Removing and disposing of four abandoned underground tanks at various City-owned property locations (Fire Station No. 7, Fire Station No. 8, Fire Station No. 11, and Police Department). Upon a motion by Councilmember Brunni, all bids were rejected and authorization given for the project to be readvertised to include the removal of four additional tanks (Fire Station No. 2, Fire Station No. 4, and Fire Station No. 5) for a total of eiqht tanks. The Finance Department will send a letter to the bidders explaining why their bids were rejected. Construction of curb and gutter on Olive, Cypress, Beech, Dracena, Palm and Inyo Streets and wheelchair ramp at 19th and "G" Streets. Upon a motion by Councilmember DeMond, all bids were rejected and authorization given for the project to be readvertised. DEFERRED BUSINESS Adoption of Ordinance No. 3281 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the northwest corner of Real Road and Wilson Road from an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development ) Zone. This Ordinance was given First Reading at the meeting of February 21, 1990. Upon a motion by Councilmember McDermott, Ordinance No. 3281 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 Bakersfield, California, March 7, 1990 - Page 18 Adoption of Zoning Resolution No. 380 of the Council of the City of Bakersfield granting the appeal by DeVille Homes to the decision of the Board of Zoning Adjustment denying Modification (MOD ~4978) to permit the reduction of the required side street side yard setback from 10 feet to 8 feet, 6 inches in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 5300 Valley Brook Drive. ~his Resolution sets forth the decision of the Council following the public hearing on the matter held on February 21, 1990. Upon a motion by Councilmember Brunni, Zoning Resolution No. 380 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 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located southeast of Calloway Drive and Bri~hall Road from an M-2 (General Manufacturing) Zone to an (One Family Dwelling) Zone on 93.75+/- acres, from an M-2 (General Manufacturing) Zone to a C-1 (Commercial) Zone on 10 acres and from A-20A (Agricultural--20-Acre Minimum Lot Size) Zone to an R-{ (One Family Dwelling) Zone on 2.27 acres. This rezoning implements GPA 4-89, Segment I which amends the General Plan Land Use Element from Industrial and Open Space to Low Density Residential and Commercial on approximately 96 acres generally located south of Brimhall Road and east of Calloway Drive. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of Casa Loma Drive alignment, approximately 600 feet east of South Mr. Vernon Avenue from an A (Agriculture) Zone to an M-{ (Light Manufacturing) Zone. This zone change Amendment 4-89, Segment II for training facility. imple~nents General Plan a new police practice range and Bakersfield, California, March 7, 1990 - Page 19 First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as the Polo Grounds/Calloway No. 3 Annexation (Ward 4). This zoning upon annexation implements GPA 4-89, Segment V which expands the General Plan Land Use Element by adding Low Density Residential, Medium Density Residential Commercial and Recreational Commercial totaling 1,452 acres in Northwest Bakersfield. Adoption of Resolution No. 24-90 of the Council of the City of Bakersfield proclaiming April 22, 1990, as "Earth Day 1990" in the City of Bakersfield. Upon a motion by Councilmember Salvaggio, Resolution No. 24-90 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 Referral of a Resolution of the Council of the City of Bakersfield amending Resolution No. 6-89, as heretofore amended, setting salaries and related benefits for Officers and Employees of the City of Bakersfield. (Blue & White Collar Units, Automotive Parts Specialist I, Police Property Manager, Senior Property Technician). Upon a motion by Councilmember McDermott, this matter was referred to the Personnel Committee. Referral of Revised Job Specifications for Canal Tender I , Light Equipment Operator-Streets, Senior Property Technician, and the New Job Specifications for Automotive Parts Specialist I, and Park and Landscape Technician. Upon a motion by Councilmember McDermott, this matter was referred to the Personnel Committee. Bakersfield, California, March 7, 1990 Page 20 Adoption of Resolution No. 25-90 of the Council of the City of Bakersfield appropriating $2,000 of seized property revenue to the General Fund, Police Department budget, for a contribution to the Kern County Pros for Youth for the purpose of combating the use of illegal drugs among youth in the City of Bakersfield and the County of Kern. Upon a motion by Councilmember Peterson, Resolution No. 25-90 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 Approval of Agreement No. 90-63 with the U.S. Department of Housing and Urban Development (HUD) to participate in the Section 312 Loan Program. Upon a motion by Councilmember Salvaggio, Agreement No. 90-63 with the U. S. Department of Housing and Urban Development was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-64, Amendment No. 1 to Agreement No. 89-10 with the Bakersfield City School District to provide the Drug Abuse Resistance Education Program (D.A.R.E.) to seven additional schools from January 1990 to June 1990. Upon a motion by Councilmember Brunni, Agreement No. 90-64 with the Bakersfield City School District was approved and $13,760 was appropriated for school contributions to the Police Department operating budget within the General Fund by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 90-65 with Thorne Environmental, Inc., for mitigation and remediation of fuel contaminated soil at the Rio Bravo Fire Station. Upon a motion by Councilmember Smith, Agreement No. 89-275 with Thorne Environmental, Inc., was resciaded, Agreement No. 90-65 with Thorne Environmental, Inc., was approved, and the Mayor authorized to executed the Contract. Approval for setting date for joint City Council/CDDA Workshop, March 21, 1990, regarding Downtown Convention Center Hotel. Councilmember DeMond made a motion to set the joint City Council/CDDA Workshop on March 14, 1990, at 5:15 p.m. Bakersfield, California, March 7, 1990 - Page 21 Councilmember McDermott made a substitute motion to set the Planning Commission Interviews for New Business on March 21, 1990, and set the City Council/CDDA Workshop on March 15, 1990, at 5:15 p.m. Councilmember DeMond amended her motion to hold the joint City Council/CDDA Workshop on March 21, 1990, at 5:15 p.m. The amended motion was approved. One vacancy on the Planning Co~mission as Alternate, ter~ expiring April 1991. Upon a motion by Councilmember McDermott, the applications for the Alternate Planning Commission were closed and the applicants were invited to interviews to be held on March 21, 1990. Expiration of term for Planning Commissioner Kate Rosenlieb, ter~ expires April 17, 1990. Councilmember Brunni recognized Mr. Pat Dunn, 1700 Crestmont Drive, who spoke regarding the issue of Kate Rosenlieb and her appointment to the Planning Commission. Councilmember Brunni made a motion to suspend with the rules that interfere with making a reappointment of Planning Commissioners prior to the expiration of their term. The motion was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Brunni, Salvaggio Noes: Councilmembers Peterson, Smith, McDermott Abstain: None Absent: None Upon a motion by Councilmember Brunni, Kate Rosenlieb was reappointed to the Planning Commission, term expiring April 17, 1994, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Salvaggio Councilmembers Smith, McDermott None None Brunni, Peterson, COUNCIL STATEMENTS Councilmember DeMond stated she has had some input from the community at large regarding graffiti, and she asked staff to look at community participation programs in regard to this matter. Councilmember Smith alerted the Council to the fact that the Memorandum of Understanding between the City of Bakersfield and the County of Kern for the Provision of Fair Housing Services is due to expire on April 30, 1990, and at the Intergovernmental Relations Committee meeting this week, this will be an item on the Agenda and the Committee will be receiving an update at that time. Councilmember Edwards asked the City Manager about the letter from Mr. Fred Dukes from the Advisory Committee in regards to the 10% set aside in that letter and whether the memo dated March 5, 1990, was his response to that letter. Bakersfield, California, March 7, 1990 - Page 22 City Manager Dale Hawley responded by stating the memo was not a response to Mr. Fred Dukes' letter. It is information their office is gathering to enable them to prepare a response, which will go out in a couple of days. Councilmember Edwards requested from staff that there be some communication with Mr. Fred Dukes indicating that the subject is being studied so that he has some response. Upon a motion by Councilmember Brunni, a letter from Mrs. Etta Lewis regarding the tennis courts throughout the City, specifically at Jastro Park where two of the tennis courts are being used for roller hockey courts, was referred to the Citizens Parks and Recreation Committee. Councilmember Salvaggio spoke regarding the increase of graffiti in his ward and referred this matter to staff. Councilmember Peterson stated that Fred Kloepper, Dale Hawley and himself went out to Kern City to talk to some people about a crosswalk where a senior citizen was run over and killed. He stated someone has put up a "duck crossing" sign at this crosswalk and he asked staff to take action to remove this sign. Mayor Medders asked staff about the Wastewater T~eatment Facility fees. City Manager Dale Hawley responded by stating that the fee that the City presently collects does include money to replace certain components at the plant. However, it does not include upgrading or expansion. Expansion is paid for by development, but upgrading is not. Therefore, the fees the City currently has do not pay for upgrading. ADJOURNMEN~ There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 11:15 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