HomeMy WebLinkAbout06/13/1990 MINUTES CC2O
Bakersfield, California, June 13, 1990
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 5:15 p.m., June 13, 1990.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni (seated
at 5:20) , Peterson, McDermott,
Salvaggio
None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation involving the Clarion Hotel
Project, Bakersfield Convention Center
Hotel Associates rs. Central District
Development Agency in U.S. Bankruptcy
Court, District of Colorado.
Closed Session pursuant to Government Code
Section 54957 regarding Annual Review of
City Manager.
Upon a motion by Councilmember McDermott, Council
adjourned to the City Manager's Conference Room for Closed
Session at 5:18 p.m. (Closed Session is continued on Page 18.)
Upon a motion by Councilmember Peterson, the meeting
for Closed Session was recessed at 7:05 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
~T'~ C~T¥ ~ ~t~ ~x ~ff~£o ~l~r~ of
the Council of the City of Bakersfield, CA
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Bakersfield, California, June 13, 1990
Minutes of the Regular Meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 7:05 p.m., June 13, 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.
Acting City Clerk Gafford called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
PRESENTATIONS
Mayor Medders presented to Pat Nelson of Houchin
Blood Bank and Stan Marvin of B-Rock a proclamation proclaiming
the week of June 18-23, 1990, as "B-Rock/Houchin Blood Drive
Week."
Fire Chief Dennis Needham presented a Medal of Valor
Award to Mr. Tommy Tees and Mr. Raymond Behill for their heroic
act in saving the life of Mrs. Earlene Fowler on February 5,
1990, when a fire broke out in her home.
Ms. Ethyl Landers introduced the citizens of
Bakersfield who represented the City of Bakersfield in Phoenix,
Arizona, to bring home the All-America City Award.
Calendar:
CONSENT CALENDAR
The following items were listed on the
a. Approval of Warrant Nos. 9310 to
10225, inclusive, in the amount of
$2,199,171 .75 and Self-Insurance
Warrant Nos. 1867 to 2085,
inclusive, in the amount of
$144,499.48.
Minutes of the Workshop, Closed
Session and Regular Meeting of
May 2, 1990; Workshop, Closed
Session and Regular Meeting of
May 16, 1990; and Budget Workshop
of May 30, 1990, for approval.
c. Communications:
Communication from Manny
Bains, Real Estate Sales &
Development, 6700
Nottingham, #39, dated
May 18, 1990, requesting
annexation of property
generally located at the
southeast corner of Panama
Lane and Wible Road
co~taining 3.72 acres.
(RECEIVE AND REFER TO
PLANNING DEPARTMENT)
Consent
Bakersfield, California, June 13, 1990 - Page 2
Communication from Maurice
J. Etchechury, Jr., Cuesta
Engineering, 5055
California Avenue,
Suite 218, dated May 18,
1990, requesting annexation
of property generally
located south of
Arvin-Edison Canal
containing 135.78 acres.
(RECEIVE AND REFER TO
PLANNING DEPARTMENT)
Communication from Kathy H.
Clark, Golden Empire
Transit District, 1830
Golden State Avenue, dated
May 31, 1990, submitting a
copy of the District's
proposed budget for
1990/1991 fiscal year.
(RECEIVE AND PLACE ON FILE)
Communication from Paul
Dow, Community Services
Manager, to L. Dale Mills,
County of Kern Public Works
Director, dated May 7,
1990, regarding the use of
"Land Use Funds" to address
the provisions of Assembly
Bill 939. (RECEIVE AND
REFER TO INTERGOVERNMENTAL
RELATIONS COMMITTEE)
d. Dedication of Properties:
Street Right of Way Deed
No. 3229 from San Dimas
Square Property Owners
Association for additional
right of way at the
northwest corner of
San Dimas Street and
34th Street for a City
traffic signal project.
Street Right of Way Deed
No. 3230 from Greenfield
Union School District for
additional right of way on
the north side of Fairview
Road east of South "H"
Street as required for a
City traffic signal
project.
Water Pipeline Right of Way
Deed No. 3231 to California
Water Service Company for a
new water main to extend
along the south side of the
abandoned portion of east
Planz Road within the
Airpark Expansion Project.
Bakersfield, California, June 13, 1990 Page 3
e
Street Right of Way Deed
No. 3232 from Carl D.
Panattoni, Paul W. Prudler,
Susan R. Prudler, Russell
Porter, and Esther Porter
for additional right of way
along the south side of
Brundage Lane between
Cottonwood Road and
Washington Street.
Deed No. 3233, Landscape
Easement from Dennis W.
DeWalt, Inc. , for
landscaping located along
the west side of Riverlakes
Ranch Drive south of
Hageman Road adjacent to
Tract 4034, Phase 5.
Deed No. 3234, Emergency
Access Easement from ATC
Realty Five, Inc., for
access from Miramonte Drive
into Tract 4786, Phase "B,"
located south of State
Route 178.
Notices of Completion and
Acceptance of Work for the
following:
Reroofing main restroom at
Jastro Park, pool restroom
at Wayside Park and
Saunders Park and utility
room at Centennial Park,
Contract No. 90-17,
completed May 22, 1990.
Construction of curb and
gutter on Panorama Drive
from West Bluff Court to
River Boulevard, Contract
No. 90-44, completed
May 23, 1990.
Traffic signal system on
Pin Oak Park Boulevard at
White Lane, Contract
No. 89-286, completed
May 29, 1990.
Parcel Map No. 7662,
located at the intersection
of Pacheco Road and Wible
Road, Contract No. 86-30,
completed May 24, 1990.
Parcel Map No. 8385,
located on the east side of
Commercial Way, Contract
No. 89-91 , completed
May 11, 1990.
Bakersfield, California, June 13, 1990 - Page 4
fe
Water mainline extension,
Stockdale Highway near
Cal-State University
Campus, Contract No. 90-79,
completed May 25, 1990.
Deed No. 3235, Full Reconveyance
for Home Improvement Loan for Hazel
Delores Barber.
Agreement Nos. 90-118 and 90-119,
approval of Program Supplement
Nos. 44 and 45 to Local Agency-
State Agreement No. 06-5109, with
the State of California for FAU
Project No. M-00 0R ( 3 7) ,
CRP-L089(362) on Brundage Lane,
Columbus Street and Mt. Vernon
Avenue.
Final Map and Improvement
Agreements:
Final Map and Improvement
Agreement No. 90-120 with
Pacific Summit Development
Company for Parcel Map 9301
consisting of 12 parcels on
14 acres located at the
northeast corner of Gosford
Road and White Lane.
Final Map and Improvement
Agreement Nos. 90-121 and
90-122 with Dennis DeWalt,
Inc., for Tract 5033,
Phase 2, consisting of 35
lots on 15.17 acres located
at the southeast corner of
Calloway Drive and Hageman
Road.
Improvement Agreement
No. 90-123 with Antony C.
Evans and Sammy W.
Wilkerson for Tract 4708
located at the southeast
corner of South Renfro Road
and Stockdale Highway for
the construction of a block
wall along Stockdale
Highway.
Final Map of Tract 4786,
Phase "B," subdivided by
Santa Paula Enterprise,
Inc., for condominium
purposes consisting of 1
lot on 2.09 acres located
at the southeast corner of
State Route 178 and
Miramonte Drive.
Bakersfield, California, June 13, 1990 - Page 5
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Agreement No. 90-124, contract with
Musicians' Union Local #263 for
Summer Band Concert Series.
Agreement Nos. 90-125 and 90-126
with the following individuals to
provide instruction for: Tennis-
Gary Woods, Knitting - Kathleen
Sasser.
Agreement Nos. 90-127 and 90-128
with the following individuals to
provide instruction for:
Windsurfing - Mike Braby, Tennis
Lessons - Shane Suthers.
Agreement No. 90-129 with City of
Arvin for assignment of Federal Aid
Urban (FAU) Funds.
Agreement No. 90-130 with City of
McFarland for assignment of Federal
Aid Urban (FAU) Funds.
Agreement No. 90-1 31 with
Riverlakes Ranch, Ltd. , for
oversizing the Olive Drive trunk
sewer.
Agreement No. 90-132 with the
National Association for People
with Disabilities for the
performance of light trash cleanup
at the Municipal Sports Complex.
Agreement No. 90-133 with Records
Systems Associates, Inc., for
installation of computer-controlled
records center for City Clerk's
inactive records.
Agreement No. 90-1 34 between
Homestead Land Development
Corporation, Coleman Homes and the
City of Bakersfield to substitute
Coleman Homes for Homestead Land
Development Corporation under
Agreement No. 85-53.
Agreement No. 90-135 between
Homestead Land Development
Corporation, Coleman Homes and the
City of Bakersfield to substitute
Coleman Homes for Homestead Land
Development Corporation under
Agreement No. 87-68.
Agreement No. 90-136, Third
Amendment to Agreement No. 85-89
with Larry Walker Associates, Inc.,
for consulting services regarding
EPA Grant Audit for Wastewater
Treatment Plant No. 2.
Bakersfield, California, June 13, 1990 - Page 6
Award Annual Contract No. 90-137
for Title Reports to Century Title
and Guaranty Co. in the amount of
$9,375.00, reject the other bid and
authorize the Mayor to execute the
Contract.
Ue
Authorize the Finance Director to
write off as uncollectible accounts
receivable in various funds
totaling $24,606.73.
Transfer Gas Tax appropriations to
the Community Improvement Fund and
make an appropriation in the
Community Improvement Fund to cover
additional cost associated with the
construction o f "H" $ t r ee t
Separation of Grade Project.
Upon a motion by Councilmember Salvaggio, Program
Supplement No. 45 was added to Item 5. g. of the Consent
Calendar.
Upon a motion by Councilmember McDermott, Items a, b,
c, d, e, f, g, h, i, j, k, l, mf n, o, p, q, rf s, t, u, and v
of the Consent Calendar were adopted by the following roll call
vote:
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond, Smith, Brunni,
McDermott, Salvaggio
PUBLIC STAT~u~ENTS
Mr. Ken Champion, 1721 Hendricks Lane, spoke in
opposition to the opening of a youth facility half-way house at
2901 South "H" Street.
Mr. Mark Holliwell, 202 Madison, spoke regarding
Bakersfield Blazer's Track Club fund-raiser dinner.
Ms. Mary Helen Barro, 14500 Las Palmas Drive, spoke
regarding the Proposed Fiscal Year 1990-91 Budget and urged the
Council to keep in mind the needs of the various ethnic groups
in the community.
Mr. Herschel T. Brown, 2708 Houchin Road, spoke in
opposition to the Boys' Home at 2901 South "H" Street.
Ms. Carol Miranda, 913 New Stine Road, spoke in
support of state funding for the Lakeview cleanup plan.
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Bakersfield, California, June 13, 1990 Page 7
HEARINGS
This is the time set for continued public
hearing before the Council of the City of
Bakersfield on an appeal by Tom Faulkner to
the decision of the Board of Zoning
Adjustment denying Conditional Use Permit
(CUP #5007) to allow retail sales of truck
parts and truck repair in a C-2
(Commercial) Zone on that certain property
commonly known as 300 Brundage Lane.
This hearing was continued from the meeting of
May 16, 1990.
Mayor Medders declared the hearing open for public
participation.
Mr. Tom Faulkner spoke in support of the appeal,
presented a petition indicating no objections by property
owners to the operation of John's Truck Repair business, and
provided the following list of proposed improvements:
On June 1, 1990, the Environmental
Assessment was completed. Various
holes were drilled up to the depths of
75 feet. No significant contaminate
was found. All underground tanks have
been removed.
Landscaping as per City standards will
be done. In addition, we propose to
landscape the entire north boundary
with a continuous hedge that will
improve the visual aspects and help to
reduce noise. The hedge will also
extend approximately 50 feet along the
west boundary.
3. Designated parking (including
handicapped) as per City standards.
All of the improvements to be completed
within 90 days of City Council
approval.
Long-term improvements would be to
paint the building to improve the
entire appearance.
No protest or objections being received and no one
else wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilmember Edwards, the appeal
was granted, with the conditions outlined in Mr. Tom Faulkner's
letter, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, June 13, 1990 Page 8
Upon a motion by Councilmember Salvaggio, New
Business Item 11 a., an Interim Emergency Ordinance of the
Council of the City of Bakersfield amending Subsection B. of
Section 17.18.020 and adding Subsection C. to Section 17.18.025
of the Bakersfield Municipal Code relating to Community Care
Facilities in R-4 (Multiple Family Dwelling) Zones, was moved
forward to be heard at this time.
NEW BUSINESS
Adoption of Interim Bmergency Ordinance
No. 3291 of the Council of the City of
Bakersfield amending Subsection B. of
Section 17.18.020 and adding Subsection C.
to Section 17.18.025 of the Bakersfield
Municipal Code relating to Community Care
Facilities in R-4 (Multiple Family
Dwelling) Zones.
The California Legislature has determined that a
Residential Care Facility serving six or fewer persons is a
residential use of property. As such, these facilities may not
be subjected to further regulation or approval unless such
regulation or approval is applied to all residential uses. The
same does not apply to facilities serving more than six
persons.
Petitions containing 716 signatures have been
received by the Clerk's Office in opposition to the proposed
Half-Way House to be located at 2901 "H" Street.
Upon a motion by Councilmember Salvaggio,
were allowed five minutes for each side to speak in
in opposition to this Interim Emergency Ordinance.
speakers
favor and
Mr. Steve Mason, representing Eclectic
Communications, Inc., 1823 Knoll Drive, Ventura, California,
spoke in support of the Interim Emergency Ordinance.
Mr. John Forren, representing Eclectic
Communications, Inc., 1823 Knoll Drive, Ventura, California,
spoke in support of the Interim Emergency Ordinance.
Upon a motion by Councilmember Salvaggio, Interim
Emergency Ordinance ~o. 3291 of the Council of the City of
Bakersfield was adopted, and the word "eleemosynary" was
replaced with the word ~'charitable," by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember Salvaggio also asked for Council's
support in studying the zoning history of the property at
2901 South "H" Street and directed staff to review current R-4
Zoning to make sure it is consistent with this type of zoning.
Mayor Medders recessed the meeting at 8:45 p.m. The
meeting reconvene~ at 8:50 p.m.
Bakersfield, California, June 13, 1990 Page 9
REPORTS
Councilmember Edwards, Chairperson of the Personnel
Committee, read Report No. 4-90 regarding Job Reclassifications
as follows:
At its meeting of June 4, 1990, the
Personnel Committee approved the following
reclassifications:
POLICE: C 1 e r k T y p i s t I I t o
Secretary I.
FINANCE: Accounting Clerk II to
Buyer-Trainee.
PUBLIC WORKS: S e c r e t a r y I I
Administrative Aide.
t o
FIRE:
Clerk-Typist I to Data Entry
Clerk.
The above reclassifications are made in
light of material changes in duties, and to
place positions in existing job
classifications which more accurately
represent the duties being performed. The
reclassifications will be effective the
first pay period beginning July 2, 1990.
The Personnel Committee recommends
acceptance of this Report.
Upon a motion by Councilmember Edwards, Personnel
Committee Report No. 4-90 was accepted.
Councilmember PetersoJ1, Chairperson of the Urban
Development Committee, read Report No. 5-90 regarding "Cable TV
Community Protest" as follows:
At the meeting of April 18, 1990, the City
Council referred to the Urban Development
Committee a complaint from R. L. Lund
regarding cable service to citizens. The
Committee met and discussed options which
are available to the City through both its
franchise agreements with cable providers
and with Federal regulations.
Bakersfield has three network and one
independent television stations and two
cable companies which provide over the air
transmissions. The cable companies relay
programs from the Los Angeles basin into
Bakersfield as part of their service. A
recent Federal Communications Commission
regulation (Syndex) stipulates that local
broadcasters may require cable companies to
block out specific syndicated programs
which appear on Los Angeles television
stations if the local stations have
purchased exclusive rights to that
programming in the community. This is in
addition to another FCC requirement for
having to blackout on cable service network
programming which can be seen concurrently
on local stations.
Bakersfield, California, June 13, 1990 - Page 10
Federal regulations apply to all cities
within the United States. As such, the
City has no control over this aspect of
cable service provision. As the elected
body reDresenting 5~akersfield, the City
Council can encourage the local television
stations an~ cable companies to work
together to the mutual benefit of
themselves and the citizens of Bakersfield.
The Urban Development Committee, therefore,
recommends the City Council direct the City
Manager to write a letter, copying
R. L. Lund, to the four television stations
and two cable companies requesting they
work together tc minimize concerns created
through the implementation of FCC
regulations for the maximum benefit to
citizens.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 5-90 was accepted.
Upon a motion by Councilmember
recommendations of Urban Development Committee
were implemented.
Peterson, the
Report No. 5-90
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 10-90 regarding Tax
Exempt Certificates of Participation for the Development of a
Fifty-Unit Assisted Living Facility for the Elderly as follows:
On May 2, 1990, the Council referred
correspondence from CongreCare, Inc.,
seeking assistance of the City in issuing
tax exempt certificates of participation
for the development of a 50 (fifty) unit
assisted living facility for the elderly to
the Budget and Finance Committee for
review. They also requested an Inducement
Resolution for the certificates of
participation not to exceed $6 million.
CongreCare, in conjunction with United
Community and Housing Development
Corporation, a non-profit corporation, has
proposed that the City provide financing
for the development of the assisted living
facility to be located at Akers Road and
Ardmore Avenue. This facility would be
operated by CongreCare and provide
approximately 58 beds and approximately 16
full-time jobs.
The Committee has reviewed this request
with City staff who explained that the City
may assist with this type of financing in
order to provide essential health care
services and facilities to the residents of
the City, and to aid in containing costs
for health care services by providing low
interest financing which may enable the
corporation to establish lower rates and
charges.
Bakersfield, California, June 13, 1990 Page 11
The City would act as a conduit for the
Certificates of Participation with no
obligation of the City of Bakersfield. The
City will receive an issuers fee of
four-tenths of one percent of the amount of
certificates issued.
Therefore, the Committee recommends that
the City Council adopt the Resolution of
the Council of the City of Bakersfield
concerning the execution and delivery of
not to exceed $6,000,000.00 certificates of
participation on behalf of United Community
Housing and Development Authority to
fiaance a certain residential care facility
for the elderly.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 10-90 was accepted.
Adoption of Resolution No. 75-90 of the
Council of the City of Bakersfield
concerning the execution and delivery of
not to exceed $6,000,000.00 Certificates of
Participation on behalf of United Community
Housing and Development Authority to
finance a certain residential care facility
for the elderly.
Upon a motion by Councilmember McDermott, Resolution
No. 75-90 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Brunni
Peterson,
ACTION ON BIDS
Annual Contract No. 90-138 with Photo Club,
Inc., and 90-139 with Imaging Products
International for camera film stock for
various departments.
Upon a motion by Councilmember DeMond, the low bids
in the amount of $25,417.90 (27 items) from Photo Club, Inc.,
$13,360.39 (20 items) from Imaging Products International were
accepted, all other bids rejected, and the Mayor authorized to
execute the Contracts.
Annual Contract No. 90-140 with Central
California Concrete Coring Company, Inc.,
for removal of striping and pavement
marking.
Upon a motion
from Central California
amount of $50,000.00 was
execute the Contract.
by Councilmember DeMond, the low bid
Concrete Coring Company, Inc., in the
accepted, and the Mayor authorized to
32
Bakersfield, California, June 13, 1990 - Page 12
Contract No. 90-141 with Brown and Fowler
Construction for the construction of bike
path access ramps at Coffee Road, Oak
Street, and Elm Street.
Upon a motion by Councilmember Salvaggio, the low bid
from Brown and Fowler Construction in the amount of $78,502.00
was accepted, all other bids rejected, and the Mayor authorized
to execute the Contract.
Contract No. 90-142 with Griffith Co~pany
for Median Modifications on California
Avenue, Truxtun Avenue, White Lane and Ming
Avenue.
Upon a motion by Councilmember McDermott, the low bid
from Griffith Company in the amount of $81,000.00 was accepted,
the other bid rejected, and the Mayor authorized to execute the
Contract.
Traffic Signal System and Median
Modification on Stockdale Highway and Rio
Bravo Drive.
Upon
were rejected
readvertised.
a motion by Councilmember Peterson, all bids
and authorization given for the project to be
Traffic Signal System on Gosford Road at
South Laurelglen Avenue.
Upon a motion by Councilmember DeMond, all bids were
rejected and authorization given for the project to be
readvertised.
Contract No. 90-143 with Griffith
for Traffic Signal System on Mt.
Avenue at University Avenue.
Company
Vernon
Upon a motion by Councilmember
from Griffith Company in the amount
accepted, the other bids rejected, and the
execute the Contract.
Smith, the low bid
of $717,000.00 was
Mayor authorized to
Contract No. 90-144 with Insituform
Southwest for rehabilitation of an 18-inch
sewer line in Bruudage Lane, 6-inch sewer
line in an easement east of Oleander
Avenue, a 6-inch sewer line in an alley
adjacent to Oak Street and a 6-inch sewer
line in easements between Lawn and 24th
Streets.
Upon a motion by Councilmember Edwards, the low bid
from Insituform Southwest in the amount of $542,934.00 for the
Base Bid and Alternate "A" was accepted, and the Mayor
authorized to execute the Contract.
Bakersfield, California, June 13, 1990 - Page 13
DEWKKRED BUSINESS
Adoption of Ordinance No. 3292 of the
Council of the City of Bakersfield adding
Section 8.60.060 to the Bakersfield
Municipal Code relative to Underground
Storage Tanks.
This Ordinance was given first reading at the meeting
of May 16, 1990, with Intergovernmental Relations Committee
Report No. 3-90.
Upon a motion by Councilmember Smith, Ordinance
No. 3292 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Adoption of Ordinance No. 3293 of the
Council of the City of Bakersfield amending
Section 5.10.130 of the Bakersfield
Municipal Code relating to Liability
Insurance.
This Ordinance was given first reading at the meeting
of May 16, 1990.
Upon a motion by Councilmember McDermott, Ordinance
No. 3293 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Peterson,
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Section 2.32.100 and Subsection L. to
Section 2.36.020 of the Bakersfield
Municipal Code relating to Police and Fire
Reserves.
This Ordinance will allow the Fire Chief and Police
Chief to reimburse a member of the Reserves of the Fire and
Police Departments for out-of-pocket expenses related to his or
her duties as a Reserve. The Bakersfield Municipal Code
currently does not allow for any reimbursement to take place.
Bakersfield, California, June 13, 1990 - Page 14
NEW BUSINESS
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 Bakersfield Municipal Code
regarding prezoning of property known as
the Chester No. 2 Annexation (WARD 2).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 15.511 acres of
Chester No. 2 Annexation as an R-3 (Limited Multiple Family
Dwelling) Zone.
An Ordinance of the Council of the City of
Bakersfield adding Chapter 15.80 to the
Bakersfield Municipal Code, relating to the
Dedication and Development of Land for the
Purposes of Parks and Recreation.
This Ordinance implements the park policies of the
2010 General Plan and establishes the mechanism for parkland
development in response to residential development.
Correspondence has been received from Jack Haddad,
Chairperson, Bakersfield Board of Realtors, P. O. Box 2306,
dated June 8, 1990, in opposition to the assessments.
Correspondence has been received from Barbara Don
Carlos, Executive Vice President, Building Industry Association
of Kern County, 5404 Stockdale Highway, Suite 112A, dated
June 8, 1990, expressing concerns regarding the proposed
Dedication and Development of land for the purposes of Parks
and Recreation Ordinance.
Upon a motion by Councilmember McDermott, this
Ordinance was referred to staff to review concerns, and the
issue of a comprehensive parks and recreation plan was referred
to the Planning Commission Advisory Committee and Planning
Commission for further study to be returned to Council for
first reading July 25, 1990.
First Reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 10.44.010 of the
Bakersfield Municipal Code relating to the
Vehicles Prohibited in Central Traffic
District.
This Ordinance repeals a section of the Bakersfield
Municipal Code which prohibits certain vehicles in the Central
Traffic District between 8 a.m. and 6 p.m. any day, providing
signs giving notice of the restrictions have been posted and
maintained. These provisions were enacted in 1944 but,
apparently, the required signs were never posted and the
section has never been enforced, at least in the memory of any
present staff. Further, the restrictions are of doubtful
validity as they do not conform to California Vehicle Code
provisions. The Public Works Director and Traffic Engineer
recommend repeal of Section 40.44.010.
Bakersfield, California, June 13, 1990 - Page 15
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Subsection C.2. of Section 2.84.550 and
adding Section 2.84.275 to the Bakersfield
Municipal Code relating to Compensation of
Fire Unit and Fire Supervisory Unit
Employees.
It is requested that the language regarding sick
leave in Section 2.84.550 (C2) be revised to conform with the
Memorandum of Understanding dated April 1, 1989, No. 89-195,
with the Fire and Fire Supervisory Units. Section 2.84.275 is
added to designate the payment for holidays for the Fire Unit
and the Fire Supervisory Unit.
Adoption of Resolution No. 76-90 of the
Council of the City of Bakersfield
endorsing a grant application proposal for
Lakeview Crime Resistance Program Grant
from the Office of Criminal Justice
Planning.
Upon a motion by Councilmember Edwards, Resolution
No. 76-90 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. 77-90 of the
Council of the City of Bakersfield
approving the filing of an application for
grant funds for the Per Capita Grant
Program under the California Wildlife
Coastal and Parkland Conservation Act of
1988 for the development of the Kern River
Parkway and Monitor Park and to complete
the acquisition of the Panorama Bills Park
Site. A~reement No. 90-147
Upon a motion by Councilmember Smith, Resolution
No. 77-90 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
Adoption of Resolution No. 78-90 of the
Council of the City of Bakersfield
approving the filing of an application to
amend an existing agreement with the State
which would allow the transfer of grant
funds under the 1984 California Park and
Recreation Facility Act from development of
Sierra Park to development of the Kern
River Parkway, Agreement No. 90-]45.
Councilmember Brunni stated for the record that the
Council is transferring money to help toward beautifying the
Kern River Parkway, and she is very pleased with that and with
the Council's continued support.
Bakersfield, California, June 13, 1990 - Page 16
Upon a motion by Councilmember Smith, Resolution
No. 78-90 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. 90-146 with
Shaffer Psychological Institute for
Psychological Services.
Upon a motion by Councilmember Peterson,
No. 90-146 with Shaffer Psychological Institute was
and the Mayor authorized to execute the Agreement.
Agreement
approved
Referral of Amendments of
1989-90 Operating and Capital
Budget and the Operating
Improvements Budget for
District Development Agency.
Fiscal Year
Improvements
and Capital
the Central
Upon a motion by Councilmember McDermott, the
Amendments of Fiscal Year 1989-90 Operating and Capital
Improvements Budget and the Operating and Capital Improvements
Budget for the Central District Development Agency were
referred to the Budget and Finance Committee.
Adoption of Policy Governing General
Temporary and Seasonal Appointments.
Upon a motion by Councilmember
governing general temporary and seasonal
adopted.
Peterson, policy
appointments was
Five (5) appointments to the Handicapped
Access Appeals Board.
Upon a motion by Councilmember Peterson, Sandra
Bartlett was appointed to the Handicapped Access Appeals Board
representing the handicapped.
Upon a motion by Councilmember Brunni, Phillip
Gaskill was nominated to the Handicapped Access Appeals Board
as an experienced construction member.
Upon a motion by Councilmember McDermott, Derek
Holdsworth was nominated to the Handicapped Access Appeals
Board as an experienced construction member.
One (1) vacancy on the Public Facilities
Corporation due to the death of John E.
Chafin, term expiring December 19, 1990.
Upon a motion by Councilmember Brunni, nominations
were opened for appointment to the Public Facilities
Corporation and nominations will close June 27, 1990.
Bakersfield, California, June 13, 1990 - Page 17
One (1) vacancy on the Kern Mosquito
Abatement District due to the death of John
E. Chafin (City Representative), term
expiring Dec-mher 31, 1991.
Upon a motion by Councilmember McDermott, nominations
were opened for appointment to the Kern Mosquito Abatement
District and nominations will close June 27, 1990.
One (1) vacancy
Council (CAC)
Enterprise Zone)
David Parker.
on the Community Advisory
(Southeast Bakersfield
due to the resignation of
Upon a motion by Councilmember Edwards, nominations
were opened for appointment to the Community Advisory Council
(Southeast Bakersfield Enterprise Zone) and nominations will
close June 27, 1990.
COUNCIL STATEMENTS
City Attorney Art Saalfield announced he will be
leaving the office of City Attorney as of September 7, 1990.
Upon a motion by Councilmember Peterson, the matter
of deciding on a plan of action for recruitment of a new City
Attorney was referred to the Litigation and Legislative
Committee.
Councilmember Brunni requested from the Public Works
Department a listing of west side freeway designations and/or
reservations.
Councilmember Brunni stated she needs information
regarding questions she has received from residents from the
Tevis Ranch area and Sunset Point area regarding the widening
of White Lane west of Old River Road.
Councilmember Brunni stated she would like to know
the date of the next Traffic Committee meeting.
Councilmember Brunni asked the Council to make a
public commitment to contribute to the Jessica Martinez Fund.
Upon a motion by Councilmember Peterson, the matter
of a contribution to the Jessica Martinez Fund arose after the
Agenda was posted and upon which action is necessary.
Upon a motion by Councilmember Brunni, Council will
contribute on a contingency basis $5,000 to the Secret Witness
Program for information leading to the arrest and conviction of
the murderer of Jessica Martinez, and this contribution will
expire at the end of the Fiscal Year 1991, by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers D eMond, Smith, Brunni,
McDermott, Salvaggio
Councilmember Edwards
None
None
Peterson,
Councilmember Salvaggio stated he would like the
construction of bike path access ramps at Coffee Road, Oak
Street and Elm Street and the construction of the bike path
extension expedited.
Bakersfield, California, June 13, 1990 - Page 18
Councilmember Salvaggio requested that the fourteen
Building Department employees who worked on their own time
tearing down the condemned garage for the senior citizen, and
also gave her a dog house for her dog, be commended for their
efforts.
Councilmember McDermott announced the grand opening
of the Par Course at the Kern River Parkway June 15, 1990, at
9:00 a.m.
Councilmember McDermott voiced his appreciation to
City Attorney Saalfield and thanked him for his services.
Councilmember McDermott stated the City should have
open recruitment for the new City Attorney.
Councilmember McDermott asked staff about the changes
in marketing of the incentive area and KEDC, and asked staff to
approach the County and take actions necessary to get an
agreement signed.
Upon a motion by Councilmember Peterson, the subject
of business license fees relative to annexation was referred to
the Budget and Finance Committee.
Upon a motion by Councilmember Peterson, the matter
of the City's medical requirements for employees' use of
pharmacies was referred to the Budget and Finance Committee.
Councilmember Peterson voiced his appreciation to
City Attorney Saalfield for his services as City Attorney.
Councilmember Edwards announced that June 14, ~990,
at 6:00 p.m., the Budget Committee of the Enterprise Zone will
meet and extended an open invitation to Councilmember McDermott
to attend. The issue of the problem with the County will be on
the agenda.
Mayor Medders announced that June 14, 1990, is
National Flag Day, and at 4:00 p.m. the nation will pause for
the Pledge of Allegiance.
Upon a motion by Councilmember DeMond, Council
adjourned to Closed Session pursuant to Government Code
Section 54947 regarding Annual Review of City Manager, at
9:55 p.m.
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54947 regarding Annual Review of
City Manager. (This item was continued
from Page 1 of Closed Session.)
39
Bakersfield, California, June 13, 1990 - Page 19
~DJO~-P~T
There being no further business to come before the
Council, upon a motion by Councilmember De~ond, the meeting was
adjourned at 10:50 p.m.
MAYOR of the City of Bak~r~sfield, CA
ATTEST:
ACTING CITY CLERK and ~EK Officio Clerk of
the Council of the City of Bakersfield, CA
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