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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 kdsc