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
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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
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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
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