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HomeMy WebLinkAbout03/21/1990 MINUTES CC419 Bakersfield, California, March 21, 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 21, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None Present: Agency Members Araujo, Dunn (seated at 5:35), Killmer, Kronenberg, Paynter, Rubin Absent: Agency Member Watson WORKSHOP JOINT CENTRAL DISTRICT DEVELOPMENT AGENCY (C.D.D.A.)/CITY COUNCIL WORKSHOP REGARDING DOWNTOWN CONVENTION CENTER HOTEL ALTERNATIVES. Economic Development overview of the sequence of Convention Center Hotel. Director Jake Wager provided an events regarding the Downtown Mr. Larry Williams, representing williams, Kuebelbeck & Associates, Inc., real estate counselors, summarized a ninety-day study regarding the Clarion Hotel. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned to Closed Session at 6:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, March 21, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., March 21, 1990. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, Peterson, None DeMond, Smith, Brunni, McDermott, Salvaggio CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a), pending litigation, in the ease of City of Bakersfield rs. Rodden. Closed Session pursuant to Government Code Section 54956.9(a), pending litigation, in the case of Mosley vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54957.6 (Labor Negotiations) with City of Bakersfield's Chief Negotiator, Bill Avery, regarding Police Unit Negotiations. Closed Session pursuant to Government Code Section 54957.6 (Labor Negotiations) with City of Bakersfield's Chief Negotiator, Bill Avery, regarding Holiday Schedule for Sanitation Division. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at 6:00 p.m. City Attorney Art Saalfield stated that in the case of City of Bakersfield vs. Rodden, the Council has approved the settlement with the Rodden's for a total settlement amount of $120,000.00. Upon a motion by Councilmember DeMond, Agreement No. 90-66, settlement in the case of City of Bakersfield vs. Rodden in the amount of $120,000.00, was approved. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Brunni, the meeting for Closed Session was adjourned at 6:58 p.m. MAYOR of the City of Bakersfield, CA ATTEST: ~T¥ ~,~ ~ ~x ©ffl~±~ ~l~r~ ~f t~ Council of the City of Bakersfield, CA kdsc Bakersfield, California, March 21, 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 21, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Paul Dennis, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None PRESENTATION Mayor Medders presented a proclamation entitled "Earthquake Preparedness" to Bakersfield City Fire Department Deputy Chief Mike Kelly proclaiming the month of April as Earthquake Preparedness Month. Calendar: CONSENT CALENDAR The following items were listed ae be on the Consent Approval of Warrant Nos. 7029 to 7440, inclusive, in the amount of $2,596,672.88. Minutes of the Special Meeting of December 14, 1989, Special Meeting of December 27, 1989, Workshop and Regular Meeting of February 21, 1990, and Workshop, Closed Session and Regular Meeting of March 7, 1990, for approval. c. Communications: 1. Communication from Mr. David M. Doll, BFGC Architects Planners, Inc., P. O. Box 9698, dated February 26, 1 990, requesting consideration for appointment to the Historic Preservation Commission (Mayor's appointment). (RECEIVE AND PLACE ON FILE) *See be] 0w. 2. Communication has been received from 1 3 individuals requesting Council continue to support the ef forts of the Kern River Parkway Committee for the Kern River Plan . (RECEIVE AND PLACE ON FILE) *Councilmember McDermott requested the use of applications for all Boards and Commissions. Bakersfield, California, March 21, 1990 - Page 2 DELETED. Deed No. 3205, Full Reconveyance for Home Improvement Loan for Kelsey Hendrix. Agreement No. 90-67, Amendment to Improvement Agreement No. 89-60 with Stockdale South for Tract 4902, Unit G, located south of Harris Road at Kettlerock Mountain Court. Notices of Completion and Acceptance of Work for the following: Construction of a multi-purpose building for Monitor (Greenfield) Park, Contract No. 89-224, completed February 26, 1990. Tract No. 5035, Unit 1, located on the south side of Brimhall Road, approximately 1,700 feet west of Coffee Road, Contract No. 89-89, completed March 8, 1990. Tract No. 5110, located north of Ming Avenue and east of Gosford Road, Contract No. 89-124, completed March 8, 1990. Approval of Plans and Specifications for the construction of curb and gutter on Tulare, Inyo, Alta Vista, Sacramento and Kern Streets, and Currans Lane. i. Requests for Extension of Time: Mason, Carosella & Camp Development for Homestead Land Development, to extend the completion date for Improvement Agreements 89-61 and 89-62 for Tract Map 4709, to March 28, 1991. Oceanic Communities, Inc., to extend the completion date for Improvement Agreements 89-50 and 89-63 for Parcel Map 8925, to March 15, 1991. Bakersfield, California, March 21, 1990 Page 3 Deed No. 3206, Settlement Agreement No. 90-68 with Water-Ways Irrigation Engineers, Inc.; Bakersfield Airpark Commercial Lease Agreement No. 90-69 with Water-Ways Irrigation Engineers, Inc. Attorney Retainer Agreement No. 90-70 with McCormick, Barstow, et al., to represent the City in the case of Mosley vs. City of Bakersfield. Staff response to Community Advisory Council (CAC) regarding Minority Contractor and Vendor Set-Aside. Ap~intmen~f At Large and Alternate members to the City/County Fair Housing Advisory Committee for terms which expired October 31, 1989. Upon a motion by Councilmember DeMond, Items a, b, c, e, f, g, h, i, j, k, 1, and m of the Consent Calendar, with the deletion of Item d, were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None PUBLIC STATEMENTS Ms. Kathleen Hannum, 609 "G" Street, spoke regarding Maintenance of the Garces Circle. Councilmember DeMond requested that staff be in contact with Ms. Hannum and report back with a recommendation. Ms. Beverly Burke, 1512 18th Street, spoke regarding the pollution caused by handbills. Ms. Mary McDonald, President of the Kern County Deputy Sheriff's Auxiliary, 1001 Nicki Court, presented a check in the amount of $20.00 to be used for the Kern River Project Foundation for a tree to be planted on the bike path and dedicated to all law enforcement officers during Law Enforcement Week, May 15, 1990. Mr. Eldon Hugie, 5329 Office Center Court, spoke regarding Item 10. h, Consent to Assignment by Tenneco West, Inc., to Valley Communities, Inc., of City Agreement No. 85-142, as amended. Bakersfield, California, March 21, 1990 - Page 4 HEARINGS This is the time set for public hearing for the purpose of receiving input that identifies "unmet public transportation needs which could be reasonably met" within the City of Bakersfield. This hearing has been duly advertised and posted 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. 26-90 of the Council of the City of Bakersfield finding there are no unmet public transportation needs which could be reasonably met. Upon a motion by Councilmember Salvaggio, Resolution No. 26-90 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 Adoption of Resolution No. 27-90 of the Council of the City of Bakersfield authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1990-91. Upon a motion by Councilmember Salvaggio, Resolution No. 27-90 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 This is the time set for a public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1070 declaring its intention to order the vacation of the alley between Baker and King Streets in Block 58, south of Freeway 178, in the City of Bakersfield. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, March 21, 1990 - Page 5 Adoption of Resolution No. 28-90 of the Council of the City of Bakersfield ordering the vacation of the alley between Baker and King Streets in Block 58, sonth of Freeway 178, in the City of Bakersfield. Upon a motion by Councilmember DeMond, Resolution No. 28-90 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 Councilmember Brunni, Chairperson of the Convention Center and Community Services Committee, read Report No. 4-90 regarding Adoption of an Ordinance Establishing a Handicapped Access Appeals Board as follows: On January 29, 1990, the City Attorney received a memorandum from the Building Director stating the need for a Handicapped Access Appeals Board. This issue was referred by the Council to the Convention Center and Community Services Committee. The Committee has met with staff to discuss the draft ordinance. Based on this discussion and review, this Committee has determined that there is a need for the proposed Appeals Board and recommends adoption of the draft ordinance. Upon a motion by Councilmember Brunni, Convention Center and Community Services Committee Report No. 4-90 was accepted. Referral of an Ordinance of the Council of the City of Bakersfield adding Chapter 15.54 to the Bakersfield Municipal Code relating to a Handicapped Access Appeals Board. This Ordinance was given First Reading at the meeting of February 21, 1990. Councilmember Brunni made a motion to adopt an Ordinance of the Council of the City of Bakersfield adding Chapter 15.54 to the Bakersfield Municipal Code relating to a Handicapped Access Appeals Board. Upon a substitute motion by Councilmember McDermott, an Ordinance of the Council of the City of Bakersfield adding Chapter 15.54 to the Bakersfield Municipal Code relating to a Handicapped Access Appeals Board was referred to staff. Bakersfield, California, March 21, 1990 Page 6 Councilmember Edwards read Ad Hoc Committee Report No. 1-90 regarding the Southeast Metropolitan Bakersfield Employment and Economic Incentive Program Area as follows: On Wednesday, March 21, 1990, the Incentive Area Ad Hoc Committee met to discuss the provision of services for the Southeast Metropolitan Bakersfield Incentive Area. By way of background, the City of Bakersfield and the County of Kern entered into an interim agreement with Mid State Development Corporation in March 1989 ~or the provision of certain services in the Incentive Area. The agreement, as amended, was due to expire on January 31 , 1990. During the agreement's original nine-month period both City and County staff, working with the Community Advisory Council (CAC), developed a request for proposal to identify a long-term operating entity. At the conclusion of the RFP process, three bids were received. In reviewing the bids submitted, the CAC approved a recommendation that all bids be rejected and that City/County staff explore other alternatives. In response to a staff request to extend the agreement with Mid State, the City Council and the Board of Supervisors granted an extension of sixty days which is due to expire on April 5, 1990. During this latest time frame, discussions were held with a number of different agencies and organizations involved in economic development activities. This included local organizations such as KEDC, ETR, and NEDA, as well as other agencies such as the State Department of Commerce and other enterprise zones. The City and County staff also analyzed the essential components of the Incentive Area necessary to attract users and create new job opportunities. Having defined the essential components, staff then identified those local agencies which are already providing similar types of services or that have an expertise in that particular field. Some of the tasks identified with the Incentive Area can only be carried out by the City and County who, as co-agents, are legally responsible to the State of California. These tasks are primarily the administrative functions that relate to the Incentive Area. In comparing the other basic components, staff identified KEDC and ETR as major providers of equivalent or parallel services. Recognizing this, a proposal was developed which made use of these existing providers. Bakersfield, California, March 21, 1990 - Page 7 The essence of the proposal is that a "one-stop shopping center" be established where both prospective businesses and area residents can go for information on the benefits and opportunities that are associated with the Incentive Area. In addition to both City and County staff recommending this concept, ETR has indicated its concurrence as well as KEDC. Another new component is the development of recruitment teams made up of business people and residents from the Incentive Area which would work directly with KEDC in marketing the Incentive Area. Under this proposal KEDC would be the lead party regards to all external (out of County) marketing. By involving KEDC more directly in promoting the advantages of the Incentive Area there are a number of significant benefits: More streamlined marketing effort. Clearer definition of responsibility. Increased cost effectiveness. Access to specialized recruitment expertise. Promotion and development of community teain concept. In terms of working with businesses already located in the Incentive Area or within the Metro Bakersfield area, ETR, the City and the County will continue to provide technical assistance as well as access to funding sources such as job training dollars, SBA loans and infrastructure (CDBG) funds. The one-stop center concept may also provide an opportunity for the State's Employment Development Department to establish a job bank for the benefit of the area's residents. It should be also noted that both Mid State Development and City/County staffs are continuing to explore the possibility of having Mid State remain at their current office location. The loan packaging expertise offered by Mid State in addition to their technical proficiency in the Incentive Area benefits could also be an asset to the one-stop shopping center. This proposal was made to the CAC at a special meeting on March 19, 1990. After a thorough discussion, a motion was made and passed accepting the proposal with the deletion of the City's business retention and expansion component. Bakersfield, California, March 21, 1990 - Page 8 The Ad Hoc Committee has met with City and County staff to discuss this issue. The Committee recommends the following: 1 . That the Council accept the proposal. That the Council direct staff to develop a comprehensive list of issues which need to be thoroughly examined regarding the Incentive Area and develop a plan of action to address these issues. This list of issues and plan of action will be reviewed by the CAC and presented to the Council and Board of Supervisors. e That the Council authorize staff to negotiate a lease agreement to establish a one-stop center at the current Incentive Area Information Center. That Council direct staff to prepare the necessary documents to implement the Committee's report and bring them back to the Council for action. Upon a motion by Councilmember Edwards, Ad Hoc Committee Report No. 1-90 was accepted. Upon a motion by Councilmember Edwards, the recommendations of Ad Hoc Committee Report No. 1-90 were implemented. Councilmember Smith, Chairperson of the Intergovernmental Relations Committee, read Report No. 1-90 regarding Proposed Assembly Bill 4058 (Wyman) and Senate Bill 1770 (McCorquodale) as follows: The Intergovernmental Relations Committee recently met with representatives of Kern County to discuss two proposed pieces of legislation. The first bill discussed was Assembly Bill 4058 (Wyman) recommending modifications to the State Health and Safety Code to clarify the definition of the legal authority for local Emergency Medical Services (EMS) agencies. This bill was introduced by local Assemblyman Wyman at the request of Kern County. The Committee was concerned about the legislation which states, "the local EMS agency of the County or region shall be the regulatory authority for cities and unincorporated areas of the County or region." Bakersfield, California, March 21, 1990 - Page 9 The Committee discussed the possible conflicts between this legislation and the City's existing ambulance ordinance and the potential for the County to regulate ambulance rates within the City. This Committee recommends that the City Council adopt a resolution opposing this legislation, and that Assemblyman Wyman be notified of the City's opposition to this bill. The second bill discussed was Senate Bill 1770 (McCorquodale). This legislation proposes the creation of a San Joaquin Valley Air Quality Management District which would be composed of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare counties. This new district would assume all of the authority, responsibilities, functions and duties of the County air pollution control distcicts of those counties. There was considerable discussion on this issue with County representatives, and it was pointed out that a San Joaquin Valley Air Basin Authority has been formed by the aforementioned counties. Issues of loss of local control regarding air quality regulation and loss of certain remedies regarding air pollution migration were discussed. Based on this discussion, the formation of the Air Basin Authority, and our agreement with the position of Kern County on this issue, this Committee recommends that the City Council adopt a resolution opposing SB 1770. Upon a motion by Councilmember Smith, Intergovernmental Relations Committee Report No. 1-90 was accepted. Upon a motion by Councilmember Smith, the recommendations of Intergovernmental Relations Committee Report No. 1-90 were implemented. Adoption of Resolution No. 29-90 of the Council of the City of Bakersfield opposing Assembly Bill No. 4058 relating to Local Administration of Emergency Medical Services System. Upon a motion by Councilmember Smith, Resolution No. 29-90 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 Bakersfield, California, March 21, 1990 - Page 10 Adoption of Resolution No. 30-90 of the Co~cil of the City of Bakersfield opposing Senate Bill No. 1770 relating to C~eation of the San Joaquin Valley Air Quality Management District. Upon a motion by Councilmember Smith, Resolution No. 30-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: Abstain: Absent: None None None Councilmember Edwards, Chairperson of the Personnel Committee, read Report No. 3-90 regarding New and Revised Job Specifications as follows: The Personnel Committee met on March 12, 1990, to review and discuss the requests for new and revised job specifications. New Job Specifications New job specifications have been developed for Automotive Specialist I and Park Technician. It was discussed that the creation of the Automotive Parts Specialist I position would improve the operations and acquisition of the parts and materials function by enabling the Equipment Maintenance Division to fill this position with individuals having skills in this area. The position will be funded without any increase in the budget or change to the personnel complement. The Park Technician position was approved in the 1989-90 budget. The title and job description have been changed to reflect the duties and responsibilities that the incumbent will perform. Revised Job Specifications It was requested that changes be made to the job specifications for Canal Tender I, Light Equipment Operator-Streets, and Senior Property Technician. Revisions were made to the Canal Tender I job specification to more accurately reflect current characteristics, duties and requirements necessary to perform the job. The Light Equipment Operator-Streets position requires a Class 1 or "A" driver's license to meet the qualifications for operating heavy and complex automotive equipment. Employees currently possessing a Class 2 driver's license will be required upon renewal of their license to possess a Class "A" license. It was requested that the title of the Police Property Manager be changed to Senior Property Technician to reflect the incumbent's current responsibilities and duties. This position will report to a Property Room Supervisor. Bakersfield, California, March 21, 1990 - Page 11 All job specifications have been reviewed and approved by the respective Civil Service Boards. The Personnel Committee requests acceptance of the report and adoption of the salary resolution. Upon a motion by Councilmember Edwards, Personnel Committee Report No. 3-90 was accepted. Adoption of Resolution No. 31-90 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, Park Technician). Upon a motion by Councilmember Edwards, Resolution No. 31-90 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 ACTION ON BIDS Turf Maintenance Equipment for Parks Division (56 replacement items). Upon a motion by Councilmember McDermott, the low bid from Kern Turf Supply, Inc., in the amount of $22,740.69 was accepted and the other bid rejected. Approval of Annual Contract No. 90-71 with Pestmaster Services Pest Control for Chemical Application for use by Water Department. Upon a motion by Councilmember Peterson, Contract No. 90-71 with Pestmaster Services Pest Control in the amount of $17,520.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 90-72 with American Fence Co. for Fencing for City Use. Upon a motion by Councilmember Salvaggio, the bid from American Fence Co. in the amount of $39,960.00 was accepted and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 90-73 with Wholesale Fuels, Inc., for Lubricating Products. Upon a motion by Councilmember Peterson, the low bid from Wholesale Fuels, Inc., in the amount of $46,986.41 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, March 21, 1990 - Page 12 Approval of Annual Contract No. 90-74 with Mueller Co./Hersey for Water Meters for Domestic Water Department. Upon a motion by Councilmember DeMand, the low bid from Mueller Co./Hersey in the amount of $84,462.91 was accepted, all other bids rejected, and the Mayor authorized to executed the Contract. Approval of Annual Contract No. 90-75 with Gilliam and Sons for Earthmoving and Hauling for City Use. Upon a motion by Councilmember Peterson, the low bid from Gilliam and Sons in the amount of $143,200.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. D~F~RED BUSINESS Adoption of Ordinance No. 3282 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 Brimhall Road from an M-2 (General Manufacturing) Zone to an R-1 (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 am A-20A (Agricultural-20 Acre Minimum Lot Size) Zone to an R-1 (One Family Dwelling) Zone on 2.27 acres. This Ordinance was given First Reading at the meeting of March 7, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3282 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMand, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 21, 1990 - Page 13 Adoption of Ordinance No. 3283 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-1 (Light Manufacturing) Zone. This Ordinance was given First Reading at the meeting of March 7, 1990. Upon a motion by Councilmember Edwards, Ordinance No. 3283 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3284 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code regarding prezoning of property known as the Polo Grounds/Calloway No. 3 Annexation (Ward 4). This Ordinance was given First Reading at the meeting of March 7, 1990. Councilmember Brunni stated for the record that she has serious reservations about the traffic impact of all of the projects being approved in the northwest area and the desperate need in that area for a circulation system that is coordinated. Upon a motion by Councilmember Brunni, Ordinance No. 3284 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, March 21, 1990 - Page 14 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties located at the southwest corner of Brimhall Road and Harvest Creek Road from an M-2 (General Manufacturing) Zone to an R-3 (Limited Multiple Family Dwelling) Zone and to an R-1 (One Family Dwelling) Zone. On February 15, 1990, the Planning Commission conducted a public hearing and recommended approval of the proposed zone change and Negative Declaration. Adoption of Resolution of Intention No. 1072 of the Council of the City of Bakersfield declaring its intention to order the vacation of the alley on the south side of Brundage Lane, extending west from Olive Street, in the City of Bakers field. This Resolution sets the public hearing for the Council meeting of April 18, 1990. Upon a motion by Councilmember Peterson, Resolution of Intention No. 1072 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 32-90 of the Council of the City of Bakersfield authorizing application for Land and Water Conservation Funds to develop a Kern River Parkway Group Picnic Area (Phase 2), support facilities, and turf areas on 15 acres located west of State Highway 99, north of Empire Drive. Upon a motion by Councilmember Brunni, Resolution No. 32-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Referral of a Resolution of the Council of the City of Bakersfield adopting Investment Policy. Upon a motion by Councilmember McDermott, a Resolution of the Council of the City of Bakersfield adopting Investment Policy was referred to the Budget and Finance Committee. Bakersfield, California, March 21, 1990 - Page 15 Referral of Administration of the Underground Storage Tank Program within the City Bonndaries. Upon a motion by Councilmember Peterson, Administration of the Underground Storage Tank Program within the City boundaries was referred to the Intergovernmental Relations Committee. Approval of Discount Agreements with Familian, Lumberjack, Rankin Electric, Curran Corporation, and Fresno Builders Specialties for the purchase of miscellaneous supplies for the construction of the Homeless Shelter. Upon a motion by Councilmember DeMond, the Finance Director was authorized to enter into Discount Agreements with Familian, Lumberjack, Rankin Electric, Curran Corporation, and Fresno Builders Specialties. Referral of Additional Appropriations to the CDDA Budget (FY 89-90}. Upon a motion by Councilmember Peterson, Appropriations to the CDDA Budget (FY 89-90) were the Budget and Finance Committee. Additional referred to Approval of Request of Leadership Bakersfield to establish an Exercise Par Course Along the Kern River Parkway. Upon a motion by Councilmember McDermott, of Leadership Bakersfield to establish an Exercise along the Kern River Parkway was approved. the request Par Course Exchange surplus vehicle with Bakersfield College for Firefighter Training. Upon a motion by Councilmember Edwards, surplus vehicle #6274 was exchanged with Bakersfield College for Firefighter EMT recertification training valued at $10,000.00. Interviews for Alternate position on Planning Commission, term expiring April 1991. City Manager Dale Hawley recommended the interviews for Alternate position on the Planning Commission be referred to the next Council meeting. Upon a motion by Councilmember Salvaggio, the procedures with respect to the process for appointment to the Planning Commission were suspended in order to accept the application from Mr. Robert Frapwell to be considered for the Alternate position on the Planning Commission. Councilmember McDermott abstained from the vote which made it a tie vote; pursuant to Section ~4 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Medders voted Aye. Bakersfield, California, March 21, 1990 Page Councilmember Peterson made a motion to go forward with the interviews and selection for Alternate position on the Planning Commission. The motion was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Peterson, Edwards, Smith, Councilmembers DeMond, Brunni, Salvaggio None None McDermott Mr. Robert Frapwell, 1654 Olive Street, stated he has served on the Planning Commission previously and left because of business commitments and at that time a potential conflict of interest. He is a licensed architect and has been involved in planning and with the City since 1953 and is interested in what is happening. He is currently retired and there should be no conflict of interest at this time. Mr. Thomas R. Haddad, 6608 Saddleback Drive, stated he has been involved in farming for approximately 25 years and has been involved in land development and real estate in the Los Angeles and Palmdale area. He is no longer farming and has no conflict of interest. He owns no land in the City of Bakersfield other than his own home. Mr. Steve Messner, 9301 Laurel Oak Way, stated he is an Environmental Engineer for a local corporation and in the job of Environmental Engineering he has guided his company through a number of development projects. He stated he has a thorough background in all technical aspects which could support the City of Bakersfield. Mr. Ken Shroeter, 9408 Wandering Oak Drive, stated he has been a professional planner for 38 years and a native of Bakersfield. He is interested in the restoration, preservation and enhancement of the local quality of life in Bakersfield. With his experience in working with communities like Bakersfield throughout California and other parts of the world, he feels he could make a contribution. Mr. John Eckhardt, 2600 Elm Street, stated he has had an interest in the Planning Commission and its function from a historical view since having been in Bakersfield since 1938 and has been in and out of various committees and commissions. He has had the experience of seeing the original expansion of the City of Bakersfield and was primarily responsible for the establishment of seven of the Kern High School District Schools. City Clerk Williams announced the first tally of votes: Mr. Steve Messner sixteen (16), and Mr. Robert Frapwell fourteen (14). City Clerk Williams announced the second tally of votes: Mr. Steve Messner three (3) votes and Mr. Robert Frapwell four (4) votes. Mr. Robert Frapwell was announced the Alternate Planning Commissioner, term expiring April 17, 1991. Bakersfield, California, March 21, 1990 - Page 17 Four (4) vacancies on the Historic Preservation Commission: {1} One vacancy due to the expiration of term by Carl Frazer, term expiring March 30, 1990. (Mayor) {2} One vacancy due to the expiration of term by Lynn Noel, term expiring March 30, 1990. (Ward 1 ) (3) One vacancy due to the expiration of term by Vera K. Gibson, term expiring March 30, 1990. ( Ward 2 ) (4) One vacancy due to the expiration of term by Carol Lee, term expiring March 30, 1990. (Ward 3) No action was taken on the four vacancies on the Historic Preservation Commission. Referral of an Emergency Ordinance of the Council of the City of Bakersfield adopting Negative Declaration and extending Emergency Ordinance No. 3227 New Series. The City Council, on April 26, 1989, adopted Emergency Ordinance No. 3223 New Series. The Ordinance was placed for an initial forty-five (45)-day period. On May 31, 1989, the City Council extended it to the full year as permitted by law. That one-year period will expire on April 26, 1990. Upon a motion by Councilmember Peterson, an Emergency Ordinance of the Council of the City of Bakersfield adopting Negative Declaration and extending Emergency Ordinance No. 3227 New Series was referred to the Urban Development Committee. COUNCIL STATEMENTS Councilmember Peterson addressed the memorandum from City Manager Dale Hawley to the Councilmembers on the Council/City Manager Team Building Session. Several Councilmembers indicated they would not be able to attend June 13-15 or June 20-22. Councilmember Peterson proposed that staff look at their calendars and attempt to come up with a mutually acceptable date. Councilmember Smith stated she received a notice from the High Speed Rail Corridor study group regarding a meeting on March 29, 1990, at 10:00 a.m. in Fresno. She asked if anybody from staff would be attending that meeting or if there is any reason to attend. City Manager Hawley stated he will be sending a member of his staff to the High Speed Rail Corridor meeting on March 29, 1990. Councilmember Brunni spoke about the foul odor released by Texaco Refinery on Rosedale Highway and referred the matter to staff. Bakersfield, California, March 21, 1990 - Page 18 City Manager Hawley stated he would send a letter to the Air Pollution Control District pertaining to this particular item. Councilmember Brunni stated that on March 13, 1990, there was a letter in the Bakersfield Californian in the Teen Scene Section with regard to the young man who appeared before the Council twice regarding theatre prices. She asked staff to write a letter to the lady who wrote the letter and also to the young man in question because she is concerned there may have been a perception on his part that the Council did not take him seriously. Councilmember Brunni stated she received a letter in February from J. E. Baker, 3701 Pinehurst Drive, regarding water and oil wells and asked how it is treated. She stated she would like to draft a response to this gentleman regarding this problem. Councilmember Smith indicated a meeting was held with J. E. Baker and Planning Director Jack Hardisty last week and his concerns are being addressed. Councilmember Brunni stated that in the March 2, 1990, edition of the Legislative Bulletin, there is an article regarding ACA1McClintock--state mandated costs. Upon a motion by Councilmember Brunni, this matter was referred to the Legislative Committee for review and comment. Councilmember Brunni asked Public Works Director Ed Schulz to clarify his memo to City Manager Hawley responding to a letter from Community Construction dated March 15, 1990, regarding Parcel Map Waiver No. 20-89. Public Works Director Schulz clarified his memo stating the City has no authority to require park land dedication through the process of parcel map waivers. The park land dedication would have to come through some other means. Councilmember Brunni asked staff about a memo from Building Director Cal Bidwell regarding demolishing City Fire Station No. 2. Councilmember DeMond stated there will not be a relocation of the functioning personnel in Fire Station No. 2 if they are able to put the mobile location in the lot next to the facility and that will be dependent on Building Director Bidwell's survey of the hotel's walls next door to it. Councilmember DeMond asked staff to prepare a follow-up letter on public comments regarding the young man who came in last year and spoke regarding skateboarding. Councilmember DeMond stated the downtown parking structure will not be closed on Saturdays at this time. Councilmember McDermott brought the Council up to date regarding the $10,000 the Council granted to the Kern Agricultural Foundation to help them build the Kern Agricultural Pavilion. At the current time they have raised over $400,000 and are well on their way to a successful completion of that project. Councilmember Smith stated companies will be running the Council Calendar portion of their programming. that one of the cable Agenda in the Community 439 Bakersfield, California, March 21, 1990 Page 19 Councilmember DeMond stated she spoke to the new manager of one of the cable companies and discussed her written comments to him about their recent rate increase and giving some consideration to a rate decrease to senior citizens. Councilmember Salvaggio stated at the March 7, 1990, Council meeting, Council received a report from the Budget and Finance Committee regarding: City Physician Request for Proposal. He stated he is concerned that the issue of "Referral by City Physician to any Facility Where he has an Interest," was not brought back to Council. There Council, upon a was adjourned at ADJOUP.~q~EN~ being no further business to come before the motion by Councilmember Peterson, the meeting 10:04 p.m. MAYOR of the City of ~]~ersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc