HomeMy WebLinkAbout07/11/1990 MINUTES CCBakersfield, California, July 11, 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., July 11, ~990.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni (seated
at 6:15), Peterson, McDermott,
Salvaggio (seated at 6:10)
None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.8 to instruct City's
negotiator regarding price and terms for
the purchase of real property located at
the southwest corner of 13th and Eye
Streets, Bakersfield, from Stephen and
Penelope Parrish.
Upon a motion by Councilmember DeMond, Council
recessed to the City Manager's Conference Room for Closed
Session at 6:05 p.m.
ADJOURNMENT
Upon a motion by Councilmember Peterson, the meeting
for Closed Session was adjourned at 6:20 p.m.
MAYOR o~~f the~t~'~f Bak sf~'
ATTEST:
CITY ~LERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
kdsc
Bakersfield, California, July 11, 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., July 11, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Ken Keith, 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
Calendar:
The
CONS F. NT CALENDAR
following items were listed on
the Consent
Minutes of the Budget Hearings of
June 12, 1990; Minutes of the Closed
Session and Regular Meeting of June 13,
1990; and Minutes of the Closed Session
and Regular Meeting of June 27, 1990,
for approval.
c. Communications:
Communication from George
Gonzales, Community Development
Coordinator, dated June 26,
1990, requesting vacation of
5th Street from the western
property boundary of the
building at 600 5th Street
easterly 110'+/- to the canal
right-of-way. (RECEIVE AND
REFER TO PLANNING COMMISSION)
2. REMOVED AND ACTED UPON SEPARATELY.
d. Dedication of Properties:
Grant Deed No. 3238 from Buena
Vista Development for a
drainage basin within
Tracts 4860 and 4861 located
south of white Lane between
Mountain Vista Drive and Buena
Vista Road.
e
Deed No. 3239, Grant of
Pedestrian Walkway Easement
from The Automobile Club of
Southern California, located at
the southeast corner of Truxtun
Avenue and Commercial Way.
Approval of Warrant Nos. 10654 to
11090, inclusive, in the amount of
$1,864,387.82, and Self Insurance
Warrant Nos. 2171 to 2284, inclusive,
in the amount of $125,714.46.
Bakersfield, California, July 11, 1990 - Page 2
e. Maps and Improvement Agreement:
Final Map from Community First
Bank for Tract 5166 located at
the southeast corner of "Q"
Street and 36th Street.
e
Final Map and Improvement
Agreement No. 90-164 with
Oceanic Communities, Inc., for
Tract 5128 consisting of 37
lots on 19.35 acres located at
the intersection of Haggin Oaks
Drive and Limoges Way.
Notices of Completion and Acceptance of
Work for the following:
Tract No. 5041 (Landscaping),
located at the northeast corner
of Pin Oak Park Boulevard and
South Laurelglen Boulevard,
Contract No. 89-112, completed
June 4, 1990.
2e
Tract No. 4861, located south
of White Lane between Mountain
Vista Drive and Buena Vista
Road, Contract No. 89-251,
completed June 6, 1990.
Tract No. 5098, located on the
north side of White Lane
between Park View Drive and Pin
Oak Park Boulevard, Contract
No. 89-253, completed June 28,
1990.
Stockdale Highway widening and
realignment between Allen Road
and Old River Road, Contract
No. 89-246, completed June 21,
1990.
Stine Road Fire Station Engine
House, Contract No. 89-288,
completed June 22, 1990.
Approval of Plans and Specifications
for the following:
College Avenue retaining wall
from O' Donnel 1 Way to
Flintridge Drive.
2. Traffic signal modification at
Coffee Road and Rosedale
Highway.
Bike path extension from
Cal-State Bakersfield to
Stockdale Highway Bridge.
Bakersfield, California, July 11, 1990 - Page 3
Contract No. 90-165 with Brown, Waits,
and Armstrong for auditing services for
Fiscal Year 1989-90.
Street and Utilities Improvement
Agreement No. 90-166 with Oceanic
Communities, Inc., to construct road,
sidewalks, and utilities for City Water
Facilities property on Buena Vista
Road.
Award Contract No. 90-167 for the
installation of floor hatch and ladders
at Wastewater Treatment Plant No. 2 to
Contronics dba Micon in the amount of
$9,580.50 and authorize the Mayor to
execute the Contract.
Award Contract No. 90-168 for
installation of flashing yellow beacon
on Planz Road at Actis Street to Safety
Electric Corporation in the amount of
$20,401.00, reject the other bid and
authorize the Mayor to execute the
Contract.
Upon a motion by Councilmember McDermott, Items a, b,
c, d, e, f, g, h, i, j, and k of the Consent Calendar, with the
removal of Item c.2., were adopted by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember Brunni abstained from discussion and
action on Item C.2 of the Consent Calendar due to a legal
conflict of interest.
Co 2o
Communication from Herschel and
Clarissa Moore, 5959 Houghton
Road, dated June 28, 1990,
requesting annexation of
approximately 145 acres of
property extending from Taft
Highway to McKee Road between
Wible Road and Stine Road.
(RECEIVE AND REFER TO PLANNING
COMMISSION)
Upon a motion
of the Consent Calendar
vote:
by Councilmember McDermott, Item c.2.
was adopted by the following roll call
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
McDermott,
None
Councilmember Brunni
None
DeMond, Smith,
Salvaggio
Peterson,
70
Bakersfield, California, July 11, 1990 - Page 4
PUBLIC STATEMENTS
Mr. Charles Drew, President of the Downtown Business
Association, 1401 19th Street, clarified the URM Ad Hoc
Committee Report.
Mr. Scott Grey, 625 19th Street, requested that the
Ordinance pertaining to the URM buildings not become permanent,
but be voluntary only.
Ms . Pat Griffin, Griffin Communications,
1910 "L" Street, spoke regarding the URM Ordinance.
HEARINGS
This is the time set for public hearing on
the appeal to the decision of the Board of
Zoning Adjustment by BFGC Architects
Planners, Inc., on an application for a
Conditional Use Permit to allow a secondary
dwelling unit (750 square feet) to be used
as a maid's quarters in an R-1 (One Family
Dwelling) Zone on that certain property
commonly known as 90 Portales Real Street.
The appeal is to Condition #2 of the
Discretionary Conditions which requires
removal of an access gate and replacement
with a solid wall.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Mark Ingleline spoke in support of the appeal.
Mr. John Erickson, owner of the subject property,
spoke in support of the appeal.
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 Brunni, the appeal was
granted, the decision of the Board of Zoning Adjustment was
overturned as to Condition #2, with the following conditions:
1. That a permanent curb, gutter and sidewalk be
placed in front of the gate;
2. That it be recorded on the property as part of
the Covenants, Conditions and Restrictions; and
3. That the property owner include a clause to "hold
City harmless" from liability.
The motion was approved by the following roll call vote:
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond, Smith, Brunni,
McDermott, Salvaggio
71
Bakersfield, California, July 11, 1990 - Page 5
This is the time set for public hearing
before the Council of the City of
Bakersfield on an appeal by Margaret
Schulte, Isabel Banducci, Marie Souza and
Rita Whittaker to the decision of the Board
of Zoning Adjustment approving Conditional
Use Permit (CUP t5039) to allow
construction and operation of a
freestanding 350-foot tall broadcasting
tower and associated simulsat earth station
and equipment building in an A
(Agriculture) Zone on that certain property
commonly known as 8101 Ashe Road.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Ms. Margaret Schulte spoke in support of the appeal.
Ms. Rita Whittaker spoke in support of the appeal.
Ms. Marie Souza spoke in support of the appeal.
Ms. Georgia Picante spoke in support of the appeal.
Ms. Isabel Banducci spoke in support of the appeal.
Mr. Tom Walsh spoke in support of the appeal.
Mr. Dan Crisp, representing Valley Wireless Cable,
spoke in opposition to the appeal.
Mr. Tom Ash spoke in rebuttal in support of the
appeal.
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.
Councilmember McDermott made a motion to uphold the
Board of Zoning Adjustment's decision, with the deletion of the
words "that there are no significant impacts"; and instruct the
appraiser to make separate consideration in assessment of
property for the buffer zone; to include a restriction for
trees, one tree per each twenty feet; and delete No. 4 in the
Board of Zoning Adjustment Resolution, which states that "the
view of the tower would be obstructed by mature tree growth."
Mr. Merrill, co-owner of Valley Wireless Cable, spoke
in response to questions from Councilmember Brunni.
Mr. Edward Bordges, Conline
Construction Corporation, spoke in response
Councilmember Smith.
Engineering and
to questions from
Bakersfield, California, July 11, 1990 - Page 6
Councilmember Salvaggio asked Mr. Dan Crisp, for the
record, whether Valley Wireless Cable will be offering Playboy
and Rendezvous channels and that type of programming.
Mr. Crisp stated no.
Councilmember Brunni stated for the record that there
are alternate sites for this tower.
Councilmember McDermott's motion to uphold the Board
of Zoning Adjustment's decision, with the deletion of the words
"that there are no significant impacts"; and instruct the
appraiser to make separate consideration in assessment of
property for the buffer zone; to include a restriction for
trees, one tree per each twenty feet; and delete No. 4 in the
Board of Zoning Adjustment Resolution, which states that "the
view of the tower would be obstructed by mature tree growth,"
was approved by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
Councilmember Brunni
None
None
Noes:
Abstain:
Absent:
Upon a motion by Councilmember Peterson, the Council
recessed at 8:45 p.m. and reconvened at 8:55 p.m.
REPORTS
Report No. 1-90 from the Ad Hoc Unreinforced Masonry
Committee regarding an Ordinance of Voluntary Standards for
Unreinforced Masonry Buildings, reads as follows:
At the Council meeting of January 24, 1990,
the Council established this Committee and
referred to it the issue of the formulating
standards for the reinforcement of
unreinforced masonry bearing wall
buildings, as well as a program for the
mitigation of the hazards presented by such
buildings, and options for financial aid to
the owners of such buildings.
This Committee has met 13 times since its
establishment, and has wrestled with the
problem of balancing the need to protect
the safety of the City's residents, and the
expenses to be borne by the owners of the
unreinforced masonry buildings. Based on
these discussions, the Committee has agreed
on the standards to be used for
reinforcement of these buildings. These
have been placed in the form of an
ordinance and, when enacted, will be the
basis for a voluntary program for
reinforcement of those buildings having
unreinforced masonry bearing walls.
The Committee recommends that the Council
approve this report and enact the proposed
ordinance.
Bakersfield, California, July 11, 1990 - Page 7
Upon a motion by Councilmember DeMond, Ad Hoc
Unreinforced Masonry Committee Report No. 1-90 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Chapter 15.40 of the Bakersfield Municipal
Code relating to Unreinforced Masonry
Buildings.
Report No. 2-90 from the Ad Hoc Unreinforced Masonry
Committee regarding Unreinforced Masonry Buildings (Minority
Report), reads as follows:
At the Council meeting of January 24, 1990,
the Council expanded this Committee to
include a wider representation of property
owners and other community members. The
Council referred to it the issue of
standards for the reinforcement of
unreinforced masonry bearing wall
buildings, as well as incentives and
financial assistance for the mitigation of
hazards.
This expanded Committee has met 14 times
since its establishment. We began by
unanimously adopting a mission statement
which originates from a guidebook published
by the State's Seismic Safety Commission.
It states we would "First, determine which
of the potentially hazardous buildings are,
in fact, hazardous" and that we would "take
into account the problems of building
owners."
Unfortunately, we were not able to follow
through with either of these premises.
There was much pressure by members of the
original committee to immediately recommend
standards . We agreed to work on
establishing standards--only if these were
to be considered on an interim basis in a
voluntary program, and that the program
include:
--an appeals process and,
--a two-year building evaluation
period with follow-up reports and
subsequent development of standards
and an ordinance requiring
compliance to correct
life-threatening conditions only.
Please consider:
The standards proposed are more
stringent than those in the Los Angeles
Division 88 model.
74
Bakersfield, California, July 11, 1990 - Page 8
Division 88 has served as a model
ordinance by the state. It is
considered to be among one of the most
all-inclusive ordinances, as it was
designed to mitigate both life-safety
elements and building integrity
elements. In Los Angeles, those who
drafted the standards there were
concerned about protecting the
buildings from roof cracks, etc., as
more than 90,000 people are housed in
URM buildings and these need to remain
operational. Although we do not have
this problem in Bakersfield, the
standards proposed here would require
even more from those retrofitting their
buildings.
This is due, for the most part, to the
fact that Los Angeles has accepted an
alternative method of strengthening
called the "RGA," or Rule of General
Application. By following the RGA,
property owners in Los Angeles can
retrofit much more cost effectively.
This methodology has not been
officially accepted in Bakersfield.
Under the proposed standards, the
burden of proving the alternative
methodology lies directly with the
building owner, further adding to
his/her financial burden.
The standards, if made mandatory, would
result in considerable financial
hardship--without, in many cases,
additional life safety.
The all-inclusive measures proposed as
standards should not ever become part
of a mandatory program of compliance.
Instead, we should follow the lead of
many cities which are requiring that
property owners retrofit only those
items that add to life safety, rather
than the additional elements that
primarily protect building integrity.
Such was also the suggestion of experts
John Kariotis of Kariotis and
Associates, who helped develop both Los
Angeles' Division 88 and the RGA, and
Floyd Apodaca, Chief Structural
Engineer, plan review services of the
International Conference of Building
Officials. (Kariotis and Associates
conducted a workshop in Bakersfield.
Mr. Kariotis also has offered to return
to Bakersfield to conduct a workshop
for City Council members, building
officials, plan checkers, and local
architects/engineers.)
Bakersfield, California, July 11, 1990 - Page 9
e
The state recommends cities "First
determine which of the potentially
hazardous buildings are, in fact,
hazardous."
We feel that this is extremely
important, especially if the Council
were to establish standards in a
mandatory program. Our Committee (or
any entity) cannot write legitimate
standards or an ordinance to correct a
problem if there is not adequate
information on the nature of the
problem.
There was (and continues to be) much
confusion about which buildings are--or
are not--actually URM.
Several buildings have been removed
from the list, or were never put on the
list, while others which are supposedly
similar remain.
Previous retrofitting work may already
provide adequate strengthening for many
buildings.
Many property owners state that their
buildings have considerable
retrofitting work already due to the
1952 earthquake According to the
City Building Department, plans are no
longer available to document much of
that work. However, several of those
property owners who sought out plans
from other channels have been told they
are in compliance with standards and
need no further retrofitting work.
To dispel the rumors and confusion, we
feel that it is extremely important
that the evaluation procedure be
established.
Currently, the situation is ripe for
controversy. However, by establishing
the evaluation program and requiring
quarterly oversight reports to the
Council and the public, the process is
put out in the open. It becomes a
community problem--rather than another
possible avenue for assisting special
interests.
76
Bakersfield, California, July 11, 1990 Page 10
We recommend that the Council adopt the
proposed standards only as an interim
measure to satisfy those property Owners
who wish to voluntarily retrofit, that the
standards be adopted as one part of an
overall program which includes the appeal
process and the evaluation program, and
that future actions of the Council
regarding this matter follow the mission
statement adopted by this Committee.
It follows:
"A good program will:
First determine which of the
potentially hazardous buildings are, in
fact, hazardous.
Require action to improve life safety
and will take into account the problems
of building owners.
Have a schedule to carry out the
mitigation procedures in a manner which
allows adequate time for owners to
comply.
Include provisions
architectural, historic
resources.
to protect
and housing
Include measures that a jurisdiction
may incorporate into the mitigation
program include requiring seismic
analysis and/or building strengthening,
allowing an opportunity for owners to
demonstrate that the building is safe,
r equ i r i ng a change in use or
restricting occupancy, or allowing
demolition.
- Include incentives for compliance."
Upon a motion by Councilmember DeMond, Ad Hoc
Unreinforced Masonry Committee Report No. 2-90 was accepted.
Report No. 3-90 from the Ad Hoc Unreinforced Masonry
Committee regarding an Ordinance Requiring a Seismic Safety
Analysis of Unreinforced Masonry Buildings, reads as follows:
At the Council meeting of January 24, 1990,
the Council established this Committee and
referred to it the issue of the formulating
standards for the reinforcement of
unreinforced masonry bearing wall
buildings, as well as a program for the
mitigation of the hazards presented by such
buildings, and options for financial aid to
the owners of such buildings.
Bakersfield, California, July 11, 1990 - Page 11
This Committee has met 14 times since its
establishment, considering not only
standards for reinforcement of these
buildings, but related issues such as
requiring a seismic safety analysis of
unreinforced masonry bearing wall
buildings. Based on these discussions, the
Committee has agreed that an ordinance
should be enacted requiring all owners of
such buildings to have an analysis prepared
and submitted to the City within two years
of enactment of Chapter 15.40. If a
building owner fails to conduct such
analysis, the City would be required to do
so, and would then record the costs of the
analysis as a lien on the property.
The Committee recommends
approve this report and
ordinance.
that the Council
enact the proposed
Upon a motion by Councilmember DeMond, Ad Hoc
Unreinforced Masonry Committee Report No. 3-90 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Chapter 15.41 to the Bakersfield Municipal
Code relating to Seismic Safety Analyses of
Unreinforced Masonry Buildings.
Report No. 4-90 from the Ad Hoc Unreinforced Masonry
Committee regarding Seismic Safety Analysis of Unreinforced
Masonry Buildings (Minority Report), reads as follows:
At the Council meeting of January 24, 1990,
the Council established this Committee and
referred to it the issue of the formulating
standards for the reinforcement of
unreinforced masonry bearing wall
buildings, as well as a program for the
mitigation of the hazards presented by such
buildings, and options for financial aid to
the owners of such buildings.
The Committee voted to recommend an
ordinance requiring all owners of URM
buildings to have an analysis prepared and
submitted to the City within two years of
enactment of Chapter 15.40. If a building
owner fails to conduct such analysis, the
City would be required to do so, and would
then record the costs of the analysis as a
lien on the property.
Bakersfield, California, July 11, 1990 - Page 12
It is the recommendation of this report
that this ordinance not be enacted by the
City Council. Two years is an unreasonable
length of time to allow for a visual
inspection of a building. The purpose of
formulating standards and programs for
reinforcement of unreinforced masonry
buildings is the protection of our citizens
from potential hazard. Such a long time
period does not sufficiently protect those
citizens, and demonstrates a lack of regard
for public safety. Moreover, although the
list of unreinforced masonry bearing wall
buildings is a public record, the general
population will not be aware of that list,
or of which buildings contain these
potential hazards.
Upon a motion by Councilmember DeMond, Ad Hoc
Unreinforced Masonry Committee Report No. 4-90 was accepted.
Report No. 5-90 from the Ad Hoc Unreinforced Masonry
Committee regarding an Ordinance Relating to the Board of
Building Appeals, reads as follows:
At the Council meeting of January 24, 1990,
the Council established this Committee and
referred to it the issue of the formulating
standards for the reinforcement of
unreinforced masonry bearing wall
buildings, as well as a program for the
mitigation of the hazards presented by such
buildings, and options for financial aid to
the owners of such buildings.
The Committee has met 14 times since its
establishment, considering not only
standards for reinforcement of these
buildings, but related issues concerning
the Board of Building Appeals. Based on
these discussions, the Committee has agreed
that a paragraph should be added to
Section 15.05.120 relating to the Board of
Building Appeals, requiring that the City
retain a structural engineer selected from
the hazardous building subcommittee of
SEAOC to advise the Board at the hearing.
The Committee recommends that
approve this report and enact
ordinance.
the Council
the proposed
Upon a motion by Councilmember DeMond, Ad Hoc
Unreinforced Masonry Committee Report No. 5-90 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Subsection D.9. to Section 15.05.120 of the
Bakersfield Municipal Code relating to the
Board of Building Appeals.
Councilmember McDermott thanked all the members of
the Ad Hoc Unreinforced Masonry Committee, including
Councilmember DeMond, for all their hard work.
Bakersfield, California, July 11, 1990 - Page 13
Councilmember DeMond, Chairperson of
and Litigation Committee, read Report No.
Selection of Search Firm for City Attorney
follows:
the Legislative
5-90 regarding
Recruitment as
The Committee met on July 3rd to discuss
proposals received from Personnel
Associates, Norm Roberts & Associates, and
Hughes, Heiss & Associates.
Personnel Associates proposes a cost of
$10,000 plus up to $2,000 in expenses; Norm
Roberts & Associates, $14,500 plus up to
$4,000 in expenses; and Hughes, Heiss,
$12,000 plus up to $4,500 in expenses.
The Committee believes that Norm Roberts &
Associates and Hughes, Heiss Associates are
well qualified to handle this process for
the City. Both firms would take
approximately the same time to reach final
interviews by the Council. The tentative
schedule proposed by Norm Roberts &
Associates calls for initiation of final
interviews from 60 to 75 days into the
process; Hughes, Heiss and Associates'
proposal calls for selection of the
finalists in the 10th week of the process.
The Committee finds the detailed schedule
of work tasks and time-lines, the use of
video tapes (both to "sell" possible
candidates on the City and to acquaint the
City with the applicants), and the
uniformly enthusiastic responses by
references to staff inquiries, support the
selection of Hughes, Heiss & Associates to
conduct the search for the City.
The Committee recommends that the Council
direct staff to prepare a contract with
Hughes, Heiss & Associates, incorporating
the proposal from that firm, that a
contract with that firm be approved and
that the Mayor be authorized to execute
such contract.
Upon a motion by Councilmember DeMond, Legislative
and Litigation Committee Report No. 5-90 was accepted.
Approval of Agreement No. 90-169 for City
Attorney recruitment services.
Upon a motion by Councilmember DeMond, Agreement
No. 90-169 was approved and the Mayor authorized to execute the
Agreement.
8O
Bakersfield, California, July 11, 1990 Page 14
ACTION ON BIDS
Approval of Contract No. 90-170 with A-C
Electric Company for a Traffic Signal
System on Gosford Road at South Laurelglen.
Upon a motion by Councilmember Brunni, the low bid
from A-C Electric in the amount of $92,000.00 was accepted, all
other bids rejected, and the Mayor authorized to execute the
Contract.
Approval of Contract No. 90-171 with A-C
Electric Company for a Traffic Signal
System on San Dimas Street at 34th Street.
Upon a motion by Councilmember DeMond, the bid from
A-C Electric Company in the amount of $56,000.00 was accepted,
and the Mayor authorized to execute the Contract.
Approval of Contract No. 90-172 with
Granite Construction Company for hot
surface recycling and resurfacing at
Chester Avenue from Brundage Lane to
4th Street, Chester Avenue from 24th Street
to 30th Street, West Col~mhUS Street from
North Chester Avenue to Union Avenue and
Akers Road from Parker Avenue to Wilson
Road.
Upon a motion by Councilmember DeMond, the low bid
from Granite Construction Company in the amount of $482,534.00
was accepted, the other bid rejected, and the Mayor authorized
to execute the Contract.
Approval of Contract No. 90-173 with
Granite Construction Company for cold
surface recycling and resurfacing portions
of Columbus Street, East Brundage Lane,
Mr. Vernon Avenue, and construction of
roadway on East Brundage Lane near
Mr. Vernon Avenue.
Upon a motion by Councilmember Edwards, the low bid
from Granite Construction Company in the amount of $395,690.00
was accepted, the other bid rejected, and the Mayor authorized
to execute the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3298 of the
Council of the City of Bakersfield
establishing sewer connection charges for
Fiscal Year 1990-91.
This Ordinance was given first reading at the Council
meeting of June 27, 1990.
Upon a motion by Councilmember McDermott, Ordinance
No. 3298 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, July 11, 1990 Page 15
Adoption of Ordinance No. 3299 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 west side of
Gasoline Alley Drive at Motor Center Drive,
and on the east side of Gasoline Alley
Drive, north of Harris Road from an M-1
(Light Manufacturing, Auto Related) Zone to
an M-1 (Light Manufacturing, General
Purpose) Zone.
This Ordinance was given first reading at the Council
meeting of June 27,1990.
Upon a motion by Councilmember McDermott, Ordinance
No. 3299 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond, Smith, Brunni,
McDermott, Salvaggio
Adoption of Ordinance No. 3300 of the
Council of the City of Bakersfield amending
Rancho Laborde Development Agreement
No. 86-54 approved by Ordinance No. 3039.
Approval of Agreement No. 90-174 with
Riverlakes Ranch/Unibell for partial
amendment of Development Agreement
No. 86-54.
This Ordinance was given first reading at the Council
meeting of June 27, 1990.
Councilmember Brunni stated for the record that she
feels this is a new standard of development for the City with a
public golf course, beach club, lakes and other space that has
been agreed to by this developer, and she appreciates their
willingness to do so.
Upon a motion by Councilmember Brunni, Ordinance
No. 3300 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, July 11, 1990 - Page 16
Adoption of Zoning Resolution No. 381 of
the Council of the City of Bakersfield
granting, with conditions, the appeal by
Community Construction, Inc., from the
decision of the Planning Commission denying
the zone change from an A (Agriculture)
Zone to an R-1 (One Family Dwelling) Zone
on that certain property located
approximately 500 feet south of White Lane
on the east side of Mountain Vista Drive to
the Buena Vista Canal, north of the
westerly extension of Campus Park Drive.
This Resolution sets forth the decision of the
Council following the public hearing on the matter held on
May 2, 1990.
Councilmember Brunni stated for the record that this
incident clearly illustrates the need for a park ordinance as
soon as possible.
Upon a motion by Councilmember Brunni, Zoning
Resolution No. 381 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 Zoning Resolution No. 384 of
the Council of the City of Bakersfield
approving and adopting negative declaration
and approving Conditional Use Permit (CUP
No. 4997) requested by Bakersfield Memorial
Hospital to allow the relocation of a
previously approved private use hellpad
(CUP No. 4101) in an R-1 HOSP (One Family
Dwelling-Hospital) Zone.
This Resolution sets forth the decision of the
Council following the public hearing on the matter held on
June 27, 1990.
Upon a motion by Councilmember Peterson, Zoning
Resolution No. 384 of the Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson
Councilmembers McDermott, Salvaggio
None
None
Noes:
Abstain:
Absent:
Bakersfield, California, July 11, 1990 - Page 17
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Map no. 123-18 of Title Seventeen of the
Bakersfield Municipal Code by changing the
Land Use Zoning of that certain property in
the City of Bakersfield located
approximately 500 feet south of White Lane
on the east side of Mountain Vista Drive to
the Buena Vista Canal, north of the
westerly extension of Campus Park Drive
from an A (Agriculture) Zone to an R-1 (One
Family Dwelling) Zone.
This Ordinance includes conditions
applicant during the public hearing on the
matter heard by the Council on May 2, 1990.
accepted by the
appeal of this
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 at the
southeast quarter of Section 12 of
Township 29 South, Range 28 East from an A
(Agricultural) Zone to an R-1 (One Family
Dwelling) Zone for 108 +/- acres.
This Ordinance sets forth the recommended action
taken by the Planning Commission on June 7, 1990, approving the
zone change request of Wiley Hughes/Alta Engineering on 108 +/-
acres from an A (Agricultural) Zone to an R-1 (One Family
Dwelling) Zone.
Adoption of Resolution No. 92-90 of the
Council of the City of Bakersfield setting
forth the appeal procedure for applicants
for relocation payments under the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970.
Upon a motion by Councilmember Peterson, Resolution
No. 92-90 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
84
Bakersfield, California, July 11, 1990 Page 18
Adoption of Resolution No. 93-90 of the
Council of the City of Bakersfield
authorizing collection of assessments by
the Kern County Tax Collector for
demolition and/or removal of dangerous
buildings and/or structures.
Upon a motion by Councilmember Peterson, Resolution
No. 93-90 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
Adoption of Resolution No. 94-90 of the
Council of the City of Bakersfield
approving the destruction of certain
obsolete City records, documents,
instruments, books and papers, pursuant to
Section 34090, et seq., of the Government
Code of the State of California. (Finance
Department)
Upon a motion by Councilmember Salvaggio, Resolution
No. 94-90 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. 95-98 of the
Council of the City of Bakersfield
modifying the Engineers Report and
authorizing release of acquisition funds
for early bond call. (A.D. 87-3)
Upon a motion by Councilmember Salvaggio, Resolution
No. 95-90 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
o°5
Bakersfield, California, July 11, 1990 - Page 19
Adoption of Resolution No. 96-90 of the
Council of the City of Bakersfield ordering
judicial foreclosure of delinquent
assessments pursuant to the Improvement
Bond Act of 1915, and ordering that the Tax
Collector be credited with those
assessments. (A.D. 86-2A)
Upon a motion by Councilmember Peterson, Resolution
No. 96-90 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
Adoption of Resolution No. 97-90 of the
Council of the City of Bakersfield ordering
judicial foreclosure of delinquent
assessments pursuant to the Improvement
Bond Act of 1915, and ordering that the Tax
Collector be credited with those
assessments. (A.D. 87-2)
Upon a motion by Councilmember Brunni, Resolution
No. 97-90 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. 98-90 of the
Council of the City of Bakersfield changing
the name of a public street from South "O"
Street to "Priscilla Way" located west of
South "P" Street, north of Terrace Way, in
the City of Bakersfield.
Upon a motion by Councilmember Edwards, Resolution
No. 98-90 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, July 11, 1990 Page 20
Adoption of Resolution No. 99-90 of the
Council of the City of Bakersfield
proposing proceedings for annexation of
territory to the City of Bakersfield
identified as Annexation No. 336, Chester
No. 2 Annexation. (Ward 2)
Upon a motion by Councilmember DeMond, Resolution
No. 99-90 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. 90-175 with the
Greenfield School District to provide the
Drug Abuse Resistance Education (D.A.R.E.)
Program to five schools from July 1990
through January 1991.
Upon a motion by Councilmember Salvaggio, Agreement
No. 90-175 with the Greenfield School District was approved and
the Mayor authorized to execute the Agreement.
Approval of Agreement No. 90-176 with the
Rosedale School District to provide the
Drug Abuse Resistance Education (D.A.R.E.)
Program to two schools from August 1990
through January 1991.
Upon a motion by Councilmember DeMond, Agreement
No. 90-176 with the Rosedale School District was approved and
the Mayor authorized to execute the Agreement.
Approval of Agreement NO. 90-177 with the
Bakersfield City School District to provide
the Drug Abuse Resistance Education
(D.A.R.E.) Program to thirty-three schools
from July 1990 through June 1991.
Upon a motion by Councilmember Peterson, Agreement
No. 90-177 with the Bakersfield City School District was
approved and the Mayor authorized to execute the Agreement.
Approval of Sewer Pipeline Reimbursement
Agreement No. 90-178 with Renfrow, Inc.,
for construction of sewer pipeline.
Upon a motion by Councilmember Brunni, Agreement
No. 90-178 with Renfrow, Inc., was approved and the Mayor
authorized to execute the Agreement.
Approval of Agreement No. 90-179 with
Community Construction, Inc., for
satisfaction of conditions of Zone Change
No. 4989.
Upon a motion by Councilmember Brunni, Agreement
No. 90-179 with Community Construction, Inc., was approved and
the Mayor authorized to execute the Agreement.
Bakersfield, California, July 11, 1990 - Page 21
Approval of Agreement No. 90-180 with the
Friendship Honse Community Center to
construct recreational improvements at
2424 Cottonwood Road.
Upon a motion by Councilmember Edwards, Agreement
No. 90-180 with the Friendship House Community Center was
approved and the Mayor authorized to execute the Agreement.
Charter Review and Governmental Operations
Committee Report of June 27, 1990.
Upon a motion by
and Governmental Operations
was accepted.
Councilmember Smith, Charter Review
Committee Report of June 27, 1990,
Upon a motion by Councilmember Smith, the
recommendations of Charter Review and Governmental Operations
Committee Report of June 27, 1990, were implemented.
Councilmember Smith recognized Dr.
who spoke regarding the Charter Review
Operations Committee Report.
Clifford Loader,
and Governmental
Councilmember McDermott thanked the members of the
Charter Review and Governmental Operations Committee for all
their hard work, and requested the City Attorney clarify what
was going to be on the November ballot.
City Attorney Saalfield stated that documents will be
brought back to the Council meeting of July 25 that would add
to the Charter a provision that will read as provided in the
Charter Review and Governmental Operations Committee Report of
June 27, 1990, with the suggestion from Councilmember McDermott
with respect to the deletion of Subsection 36516(a)(5) of the
State Government Code that refers specifically to cities the
size of Bakersfield and that the actual rate would be set by
ordinance not to exceed that in the Government Code which at
this time is $800.
Councilmember Salvaggio thanked Dr. Clifford Loader,
Chairperson of the Charter Review and Governmental Operations
Committee, for all the hard work he and the members of the
Committee did and requested that Dr. Loader relay the Council's
thanks to the other members, and expressed his hope that the
Committee would be willing to lend their services to other
issues in the future.
Councilmember Salvaggio requested from the City
Attorney that Council be furnished with a copy of State
Government Code Section 36516, and expressed his support of the
salary increase going on the November ballot.
Councilmember Brunni spoke in support of the salary
increase going on the November ballot.
Councilmember Edwards spoke in support of the salary
increase going on the November ballot.
Bakersfield, California, July 11, 1990 - Page 22
One (1) vacancy on the Kern Mosqnito
Abatement District dne to the death of
John E. Chafin (City Representative), term
expiring December 31, 1991.
Councilmember Salvaggio suggested that staff locate
someone in the community who would be interested in serving on
the Mosquito Abatement District.
Nomination of a Councilme~er to serve on
the Kern Water Bank Land Use Advisory
Committee.
Upon a motion by Councilmember Smith, Councilmember
Peterson was nominated to serve on the Kern Water Bank Land Use
Advisory Committee.
Councilmember Brunni nominated herself to serve on
the Kern Water Bank Land Use Advisory Committee.
Councilmember Peterson was appointed to the Kern
Water Bank Land Use Advisory Committee with a vote of 5-2.
COUNCIL STATEMENTS
Councilmember Brunni stated that the Stockdale
Highway realignment and bridge dedication had been held earlier
in the day and the Council participated in it, and she thanked
the Council for its support of such a project.
Upon a motion by Councilmember Brunni, correspondence
regarding public notice of URM buildings was referred to the
Legislative and Litigation Committee.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember McDermott, the meeting
was adjourned at 10:05 p.m.
~~'~ ~' Bake f~
MAYOR of the City of
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
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