HomeMy WebLinkAbout07/25/1990 MINUTES CC89
Bakersfield, California, July 25, 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 25, 1990.
The meeting was called to order by Mayor Medders.
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio (seated
at 6:01)
Absent: None
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9 b.(1) regarding potential
litigation.
Upon a motion by Councilmember McDermott,
adjourned to Closed Session at 6:00 p.m.
Council
ADJOURNMENT
Upon a motion by Councilmember DeMond, the meeting
for Closed Session was adjourned at 6:59 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY C~ERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
kdsc
90
Bakersfield, California, July 25, 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 25, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Randy Rankin, Member of the Board
of Trustees, First Assembly of God Church, and the Pledge of
Allegiance.
follows:
Assistant City Clerk Gafford called the roll as
Present:
Absent:
Councilmembers Edwards,
Peterson,
None
DeMond, Smith, Brunni,
McDermott, Salvaggio
Calendar:
The
CONSENT CALENDAR
following items were listed on the
Approval of Warrant Nos. 11091 to
11436, inclusive, in the amount of
$1,262,385.98; and approval of Warrant
Nos. 01 to 70, inclusive, in the
amount of $1,861,746.30; and Self
Insurance Warrant Nos. 2285 to 2381,
inclusive, in the amount of
$65,848.69; and Self Insurance Warrant
Nos. 01 to 07, inclusive, in the
amount of $544,581.01.
Communications:
Ninety-four petitions have
been received urging the
Council to support the
continued development of the
Parkway emphasizing
open-space, parks and
recreation. (RECEIVE AND
REFER TO PLANNING
COMMISSION)
Communication from various
merchants and business
persons in the Westchester
area, dated July 6, 1990, in
opposition to offering
inducements to Price Club to
locate in Bakersfield.
(RECEIVE AND REFER TO URBAN
DEVELOPMENT COMMITTEE)
Consent
91
Bakersfield, California, July 25, 1990 - Page 2
Communication from Sunshine
Village West Condominium
Association, P. O.
Box 10015, dated July 11,
1990, requesting Council
stipulate that a masonry
wall be constructed between
the commercial property and
existing Homeowners
Association property along
the old center line of the
Old Stine Road, running
south of Wilson Road out to
the existing Stine Road
boundary. (RECEIVE AND
REFER TO PLANNING
DEPARTMENT)
Communication from Heather
Hamilton, 1100 White Lane,
dated July 12, 1990,
suggesting that the
E1 Rancho Bakersfield be
used to shelter the homeless
people. (RECEIVE AND REFER
TO COMMUNITY DEVELOPMENT)
Communication from Norman H.
Riley, dated June 28, 1990,
requesting that the
representatives be
recognized for the City of
Bakersfield Retired
Employees. (RECEIVE AND
PLACE ON FILE)
Improvement Agreement NO. 90-181 with
Oceanic Communities, Inc., to provide
for the construction of improvements
along Old River Road, Howell Drive,
and Camino Media.
Improvement Agreement No. 90-182 with
Oceanic Communities, Inc., to provide
for the construction of Stockdale
Highway from Old River Road to 1,430
feet east.
REMOVED FOR SEPARATE CONSIDERATION.
Notices of Completion and
Acceptance of Work for the
following:
Traffic signal system on
Allen Road at Stockdale
Highway, Contract
NO. 89-244, completed
July 6, 1990.
Paving of the Monitor Park
parking lot, Contract
No. 90-112, completed
June 20, 1990.
Bakersfield, California, July 25, 1990 - Page 3
me
Removing and disposing of
eight abandoned underground
storage tanks at various
City locations (Fire
Stations No. 2, 4, 5, 7, 8t
11 and the Police Station),
Contract No. 90-91,
completed June 18, 1990.
Approval of Plans and Specifications
for the following projects:
Construction of roadway on
Panorama Drive from West
Bluff Court to Bryn Mawr.
2. Gordon's Ferry Bridge
replacement.
3. Construction of the Kern
River Parkway parking lot.
Deed No. 3240, Storm Drain Easement
from Kern Building Materials located
on the south side of District
Boulevard, at the intersection of
District Boulevard and the Stine
Canal.
Request for authorization to enter
into a discount agreement with
W. W. Grainger, Inc. , for
miscellaneous electrical, heating and
air conditioning items.
Request for authorization to enter
into a discount agreement with
Champion Company for miscellaneous
building specialty items.
Request for authorization to enter
into a discount agreement with Advance
Distribution for automotive parts and
supplies.
Request for authorization to enter
into a discount agreement with Home
Club for miscellaneous tools and
supplies.
Agreement No. 90-1 83 with the
Atchison, Topkea and Santa Fe Railway
Company granting the City of
Bakersfield a license to place a sewer
pipeline on AT&SF property.
Agreement No. 90-184 with Kern High
School District regarding Handicap
Access Improvements at Harvey
Auditorium.
Bakersfield, California, July 25, 1990 - Page 4
Agreement Nos. 90-185, 90-186, and
90-187 with the following individuals
to provide instruction for the
following activity: Tennis - Cindy
Burr, Kris Smetzer and Robert Fleming.
Award Contract No. 90-188 for
construction of a storm drain on
Brundage Lane 500 feet west of
Quantico Avenue to Brown and Fowler
Construction Co. in the amount of
$9,242.00, and authorize the
appropriation of $14,641.00 developer
contributions to the Capital
Improvement Budget within the Capital
Outlay Fund.
Property Ownership Disclosure pursuant
to Section 33130(a) of the Health and
Safety Code for James R. Parker, Jr.,
member of the Historic Preservation
Commission.
r. REMOVED FOR SEPARATE CONSIDERATION.
Upon a motion by Councilmember Salvaggio, Item 4. r.
of the Consent Calendar was removed for separate consideration.
Upon a motion by Councilmember McDermott, Item 4. e.
of the Consent Calendar was removed for separate consideration.
Upon a motion by Councilmember DeMond, Items a, b, c,
d, f, g, h, i, j, k, 1, m, n, o, p, and q of the Consent
Calendar, with the removal of Items e and r, were adopted by
the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Authorization for medical leave of
absence without pay beyond thirty (30)
calendar days.
Upon a motion by Councilmember Salvaggio, a
ninety-day medical leave of absence without pay subject to
approval of the City Manager, pursuant to Section 2.84.560 of
the Bakersfield Municipal Code, was approved by the following
roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, July 25, 1990 - Page 5
Improvement Agreement No. 90-189 with
Panattoni Development Company for
Parcel Map Waiver 13-89 consisting of
six parcels on 15.12 acres located on
the south side of Brundage Lane
between Cottonwood Road and Washington
Street.
Councilmember McDermott disqualified himself from
voting on Item e. of the Consent Calendar due to a real or
imaginary conflict of interest.
Councilmember Smith disqualified herself from voting
on Item e. of the Consent Calendar due to a real or imaginary
conflict of interest.
Upon a motion by Councilmember DeMond, Agreement
No. 90-189 with Panattoni Development Company was approved and
the Mayor authorized to execute the Agreement by the following
roll call vote:
Ayes: Councilmembers Edwards, DeMond, Brunni,
Salvaggio
None
None
Councilmembers Smith, McDermott
Noes:
Abstain:
Absent:
Peterson,
PUBLIC STATEMENTS
MS. Diane Dunn, 1701 "F" Street, spoke regarding
Unreinforced Masonry Buildings and read a letter as follows:
My name is Diane Dunn, and I am a member of
the URM Committee.
The State of California, in order to avoid
more tragedy, as that which befell the
people in San Francisco, has decreed that
an action plan be devised to mitigate the
dangers that unreinforced masonry buildings
present to the community. That is why you
appointed a committee--to devise a plan
whereby the safety of the people would be
protected.
I come before you this evening with the
very deep concern that the Committee' s
action to protect the citizens of
Bakersfield is grossly inadequate.
A two-year time period for analysis only of
a URM building is entirely too long a time
period . Earthquakes are not
predictable--they may occur at any minute.
What provision have we made for the
protection of those working in URM
buildings and the general public that may
wish to contract business in a URM
building?
Bakersfield, California, July 25, 1990 - Page 6
How is the public to know which buildings
are URM buildings and which are not?
Should each citizen not have the right to
make the decision for him or herself as to
whether they wish to patronize or be
employed in a URM building?
This should be our priority when preparing
an action plan.
I submit it is the Council's consummate
duty to protect the public against
potential tragedy.
In the Committee hearings there was very
little discussion regarding the public
identification of the buildings so that the
people could judge for themselves which
facilities to patronize.
It is my suggestion that the ordinance
pertaining to Seismic Safety Analysis of
Unreinforced Masonry Bearing Wall Buildings
not be voted on tonight, but that the
Committee be reconvened to bring forth a
plan to the Council whereby the URM
building may be physically identified so
that concerned citizens of Bakersfield be
given full disclosure of potentially
hazardous buildings.
Thank you.
Judge Delbert Wong, 2416 West Silverlake Drive,
Los Angeles, speaking on behalf of Mrs. Alice Wong,
407 17th Street, Bakersfield, spoke regarding Unreinforced
Masonry Buildings.
Ms. Medelyian Grady, Assistant City Attorney,
2301-6 Barrington, spoke regarding a ninety-day unpaid medical
leave of absence, and stated for the record as follows:
I received a hand-delivered notice from the
City Attorney's Office indicating that the
issue of my request for a ninety-day unpaid
leave of absence was on the Agenda to be
discussed with the City Council in Closed
Session at 6:00 tonight.
Exercising my personnel rights, I appeared
to attend that part of the process that
related to my leave request only. I did
not request to be present during the
briefing and discussion of any other
pending litigation.
Councilmember Peterson, I want to express
my appreciation to you, sir, for making a
motion to permit my presence at that
meeting. It was denied.
Bakersfield, California, July 25, 1990 Page 7
I am aware of no State law, Municipal Code
or written City policy which precluded my
presence at this routine personnel hearing.
If any Councilmember, the Honorable Mayor
or any other City official knows of any
written legal authority which precluded my
presence at this meeting, I am asking that
he or she complete the record by citing it
when I am finished speaking.
Leave of absence requests and discussions
concerning them are personnel matters which
by law cannot be discussed in public
without violating the personnel rights of
the employee. I do not waive my personnel
rights or my right to privacy; therefore, I
will not address those pertinent issues in
this forum.
The only way any citizen or employee can
insure that what is said regarding their
rights, whether those rights are personnel
rights or the rights of a defendant in a
criminal trial, is to be present. This is
old-fashioned Constitutionally mandated due
process. By the procedures that were
followed tonight, I have been denied that
precious right that is basic to our
democratic principles. If I cannot speak
in a public forum, and I am denied access
to a private one, I am denied the basic
opportunity to be heard and, just as
importantly, to hear the issues concerning
me. These matters, folks, are basic civil
rights issues. By this record I enter my
protest. Thank you.
Mr. Scott Gray, 3031 19th Street, spoke regarding
Unreinforced Masonry Buildings.
Mr. Bill Tanner, Westchester TV, 2618 20th Street,
spoke in opposition to the City of Bakersfield using tax
dollars as incentives to Price Club to relocate to Bakersfield.
Mr. Jame s Hudgins, Pepper Tree Mar ket,
3001 "F" Street, spoke in opposition to the City of Bakersfield
using tax dollars as incentives to Price Club to relocate to
Bakersfield.
Mr. Fred McKenna, Community First Bank, spoke
regarding Unreinforced Masonry Buildings.
Bakersfield, California, July 25, 1990 - Page 8
HEARINGS
This is the time set for continued public
hearing before the Council of the City of
Bakersfield on the appeal by Virginia
Casteeu, et al., of Condition No. 2 of
Planning Commission Resolution 12-90
approving the zone change from a P.U.D.
(Planned Unit Development) Zone to a
Revised P.U.D. (Planned Unit Development)
Zone on that certain property in the City
of Bakersfield located at 3535 Bernard
Street.
This hearing was continued from the Council meeting
of June 27, 1990.
Correspondence has been received from Virginia
Casteen dated July 23, 1990, requesting an extension of
sixty (60) days to hear the appeal.
Mayor Medders declared the hearing open for public
participation.
Upon a motio~ by Councilmember Smith, this hearing
was continued to the Council meeting of September 19, 1990, by
the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
This is the time set for public hearing on
the appeal to the decision of the Board of
Zoning Adjustmeut by Allen West on an
application for a Modification to permit
the reduction of the rear yard setback from
five feet to three feet and to allow the
reduction of the minimum separation between
a dwelling and an accessory structure in an
R-1 (One Family Dwelling) Zone at
2017 Birchwood Court.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Correspondence has been received from Kathryn R.
Noroian, 1938 Birchwood Court; Ronald Favron, 2004 Driftwood
Street; William Peeren, 2016 Meadowood Court; L. Q. Logan,
2004 Birchwood Court; Carol Madison, 2005 Birchwood Court;
Mr. & Mrs. Henry R. Cotton, 1943 Birchwood Court; Dominic and
Kathie Othart, 3813 Oro Vista Avenue; and Craig and Leticia
Butler, 3817 Oro Vista Avenue, in support of the appeal.
Mayor Medders declared the hearing open for public
participation.
Mr. Allen West spoke in support of the appeal.
Bakersfield, California, July 25, 1990 - Page 9
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 McDermott, the appeal
by Allen West to the decision of the Board of Zoning Adjustment
was granted by the following roll call vote:
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
This is the time set for public hearing
before the Council of the City of
Bakersfield for the purpose of receiving
oral and/or written comments concerning
proposed purchase of that property at
1400 18th Street, and the proposed sale of
that property at the southwest corner of
17th and "G" Streets.
Cooperation Agreement by and between
the Central District Development
Agency of the City of Bakersfield and
the City of Bakersfield.
Joint Escrow Instruction for ]~xchange
of Property by City of Bakersfield,
Central District Development Agency of
the City of Bakersfield and
Banducci-Walker Enterprises.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Upon a motion by Councilmember DeMond, this hearing
was continued to the City Council meeting of August 8, 1990.
This is the time set for public hearing
before the Council of the City of
Bakersfield adopting negative declaration
and an interim ]~nergency Ordinance a~ending
Subsection B. of Section 17.18.020 and
adding Subsection C. to Section 17.18.025
of the Bakersfield Municipal Code relating
to Residential Facilities in R-4 (Multiple
Family Dwelling) Zones.
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. Roy Malahowski, 5016 Pamela Street, spoke in
opposition to the Interim Emergency Ordinance.
99
Bakersfield, California, July 25, 1990 - Page 10
Mr. Lance Withers, Stockdale Management and
representing the Mental Health Association of Kern
spoke in opposition to the Interim Emergency Ordinance.
Realty,
County,
Mr. Ken Champion spoke in support of the Interim
Emergency Ordinance.
Mr. Harshell Brown, 2708 Houchin Road, spoke in
support of the Interim Emergency Ordinance.
Ms. Vicki Champion, 1721 Hendrix Lane, spoke in
support of the Interim Emergency Ordinance.
Mr. Lance Withers spoke in rebuttal in opposition to
the Interim Emergency Ordinance.
Ms. Adriene Hearn spoke in rebuttal in opposition to
the Interim Emergency Ordinance.
Ms. Judy Newman, Senior Case Manager, Desert
Counseling Clinic, support in rebuttal in opposition to the
Interim Emergency Ordinance.
Mr. Roy Malahowski spoke in rebuttal in opposition to
the Interim Emergency Ordinance.
Mr. Harshell Brown spoke in rebuttal in support of
the Interim Emergency Ordinance.
no one
public
action.
No further protests or objections being received and
else wishing to speak in favor, Mayor Medders closed the
portion of the hearing for Council deliberation and
Adoption of Interim Emergency Ordinance
No. 3301 of the Council of the City of
Bakersfield adopting Negative Declaration
and amending Subsection B . of
Section 17.~8.020 and adding Subsection C.
to Section 17.~8.025 of the Bakersfield
Municipal Code relating to residential
facilities in R-4 (Multiple Family
Dwelling) Zones.
Councilmember Salvaggio made a motion to adopt
Interim Emergency Ordinance No. 3301 of the Council of the City
of Bakersfield.
Councilmember Peterson expressed his appreciation for
the great amount of work by Councilmember Salvaggio in going
beyond the call of duty on this matter.
Assistant City Attorney Alan Daniel stated that the
law allows Council only two extensions beyond the 45-day period
for passing an emergency ordinance.
Councilmember McDermott suggested staff invite the
people who spoke, as well as the property owners, to address
the Committee, become involved in the process and talk about
their concerns.
100
Bakersfield, California, July 25, 1990 - Page 11
The motion by Councilmember Salvaggio to adopt
Interim Emergency Ordinance No. 3301 of the Council of the City
of Bakersfield was approved by the following roll call vote:
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Upon a motion by Councilmember Peterson, the meeting
was recessed at 8:30 p.m. and reconvened at 8:35 p.m.
This is the time set for public hearing
before the Council of the City of
Bakersfield on an Ordinance making certain
findings and approving the Sanwa Bank
Development Agreement.
Mayor Medders declared the hearing open for public
participation.
Ms. Donna Cazacus spoke regarding the Ordinance.
Mr. Paul Klum, Harrington, Fox, Dubrow & Canter,
spoke in support of the Ordinance and provided an overview of
the project.
Mr. Eli Dubrow, with Harrington, Fox, Dubrow &
Canter, attorneys for Sanwa Bank, spoke in support of the
Ordinance.
Mr. John Scott spoke in opposition to the Ordinance.
Mr. Eli Dubrow spoke in rebuttal in support of the
Ordinance.
Mr. Roger Mcintosh spoke regarding landscaping and
the maintenance district.
No further protests or objections being received and
no one else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Adoption of Resolution No. 100-90 of the
Council of the City of Bakersfield in
support in concept to the Sanwa Bank
Development Agreement.
First Reading of an Ordinance of the
Council of the City of Bakersfield making
findings and approving the Sanwa Bank
Development Agreement.
Councilmember Brunni suggested that Page 15,
paragraph 15, of the Sanwa Bank Development Agreement be
changed to read, " and in the case of the City such
operating memoranda may be acted upon by the City Manager," in
the place of Planning Director, prior to adoption of the
Ordinance.
101
Bakersfield, California, July 25, 1990 - Page 12
Mr. Eli Dubrow stated that changing
Manager" in the place of "Planning Director"
Sanwa Bank.
the words "City
is acceptable to
Upon a motion by Councilmember McDermott, Resolution
No. 100-90 of the Council of the City of Bakersfield in support
in concept to the Sanwa Bank Development Agreement, along with
the change suggested by Councilmember Brunni to replace the
words "Planning Director" with the words "City Manager," in the
Sanwa Bank Development Agreement, was adopted by the following
roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
This is the time set for public hearing
before the Council of the City of
Bakersfield as mentioned in Resolution of
Intention No. 1074 declaring its intention
to order the establishment of Underground
Utility District No. 2, Division 21 (Kern
River Parkway).
This public hearing has been duly advertised, posted
and the property owners notified as required by law. The
district will be constructed at no cost to the private property
owner.
Mayor Medders declared the hearing open for public
participation.
Mr. Gary Green, 9504 Valley Oak Court, representing
PG&E, spoke in support of the Resolution.
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.
Adoption of Resolution No. 101-90 of the
Council of the City of Bakersfield
establishing Underground Utility District
No. 2, Division 21 (Kern River Parkway).
Upon a motion by Councilmember Brunni, Resolution
No. 101-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
ACTION ON BIDS
Refuse Trucks ( 2 additional; 1
replacement ).
Upon
Golden State
accepted.
a motion by Councilmember DeMond, the bid from
Peterbilt in the amount of $319,408.75 was
Bakersfield, California, July 25, 1990 - Page 13
Approval of Contract No. 90-190 with
Griffith Company for Traffic Signal and
Median Modification on Stockdale Highway
and Rio Bravo Drive.
Upon a motion by Councilmember Peterson, the low bid
from Griffith Company in the amount of $54,281.00 was accepted,
all other bids rejected, and the Mayor authorized to execute
the Contract.
Approval of Contract No. 90-1 91 with
Tumblin Company for Ming Avenue
Overcrossing Widening at Highway 99.
Upon a motion by Councilmember McDermott, the low bid
from Tumblin Company in the amount of $993,000.00 was accepted,
the other bid rejected, authorization was given for the
appropriation of $245,470 TDA fund balance to the Capital
Improvement Budget within the TDA Fund, and the Mayor
authorized to execute the Contract by the following roll call
vote:
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond, Smith, Brunni,
McDermott, Salvaggio
DEFERRED EOSINESS
Approval of Agreement No. 90-192 with the
Downtown Business Association regarding
Administration Service to the Business
Improvement District and the Fiscal Year
1990-91 Downtown Improvement District
Budget.
Upon a motion by Councilmember DeMond, the Mayor was
authorized to execute the Contract.
Upon a motion by Councilmember DeMond, the Fiscal
Year 1990-91 Downtown Improvement District Budget was accepted
and approved by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3302 of the
Council of the City of Bakersfield adding
Chapter 15.40 of the Bakersfield Municipal
Code relating to Unreinforced Masonry
Buildings.
This Ordinance was given first reading at the meeting
of July 11, 1990, with Ad Hoc Unreinforced Masonry Committee
Report No. 1-90.
Bakersfield, California, July 25, 1990 - Page 14
Correspondence has been received from Gary Stein,
t219 19th Street, dated July 17, 1990, in opposition to the
Unreinforced Masonry Ordinance and standards.
Upon a motion by Councilmember DeMond, the Negative
Declaration and Ordinance No. 3302 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. 3303 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 Bnildings.
This Ordinance was given first reading at the meeting
of July 11, 1990, with Ad Hoc Unreinforced Masonry Committee
Report No. 3-90.
Councilmember DeMond made a motion to adopt the
Negative Declaration and Ordinance.
Councilmember McDermott suggested that the Ordinance
be amended to give procedural notice of a two-year requirement.
Upon a motion by Councilmember DeMond, the Negative
Declaration and Ordinance No. 3303 of the Council of the City
of Bakersfield was adopted with the amendment that there be
given procedural notice of a two-year requirement, by the
following roll call vote:
Ayes: Councilmembers Edwards, De Mond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3304 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.
This Ordinance was given first reading at the meeting
of July 11, 1990, with Ad Hoc Unreinforced Masonry Committee
Report No. 5-90.
Upon a motion by Councilmember DeMond, the Negative
Declaration and Ordinance No. 3304 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
Councilmember DeMond
participated in the hearings on
Buildings.
commended everyone who
the Unreinforced Masonry
104
Bakersfield, California, July 25, 1990 - Page 15
Adoption of Ordinance No. 3305 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 on the north
side of Paladino in the southeast quarter
of Section 12, Township 29 South, Range 28
East from an A (Agricultural) Zone to an
R-1 (One Family Dwelling) Zone for 108+/-
acres.
This Ordinance was given first reading at the meeting
of July 11, 1990.
Upon a motion by Councilmember Smith, Ordinance
No. 3305 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
Upon a motion by Councilmember Salvaggio, the meeting
was recessed at 9:38 p.m, and reconvened at 9:48 p.m.
NEW BUSINESS
Adoption of Resolution No. 102-90 of the
Council of the City of Bakersfield calling
a Special Municipal Election for the
purpose of submitting to the electors of
the City an Amendment to the Charter of the
City of Bakersfield, and providing for the
consolidation of said Special Municipal
Election with the State of California
General Election, all to be held on
Tuesday, November 6, 1990, and requesting
the Board of Supervisors of the County of
Kern to order the consolidation of said
elections.
Councilmember McDermott made a motion to adopt
Resolution No. 102-90 of the Council of the City of Bakersfield
and to direct staff to draft a resolution that if this ballot
measure passes, Council will set a salary of $600.00 per month.
Upon a motion by Councilmember Edwards, a referendum
was submitted effective immediately, that states, "Should the
salary of Councilmembers of the City of Bakersfield be
increased for the first time since 1956, it will be increased
to $700.00 per month, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
105
Bakersfield, California, July 25, 1990 - Page 16
Adoption of Resolution No. 103-90 of the
Council of the City of Bakersfield
requesting the Board of Supervisors of the
County of Kern to order the consolidation
of the Special Municipal Election for the
purpose of submitting to the electors of
the City an amendment to the Charter of the
City of Bakersfield with the State of
California General Election to be held on
Tuesday, November 6, 1990, and setting
forth the exact form of the measure to be
voted upon at such election as the same is
to appear on the ballot.
Upon a motion by Councilmember DeMond, Resolution
No. 103-90 of the Council of the City of Bakersfield was
adopted, with the amendment in the language to reflect
Council's motion regarding the Resolution, 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. 104-90 of the
Council of the City of Bakersfield amending
the Official List of Designated Speed
Zones, pursuant to Section 10.24.020 of the
Bakersfield Municipal Code.
Upon a motion by Councilmember Brunni, Resolution
No. 104-90 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
A Resolution of the Council of the City of
Bakersfield approving a Supplemental
Cooperation Agreement with the Housing
Authority of the County of Kern (HACK) for
the issuance of multi-family revenue bonds
and the submission of an application to the
California Debt Limit Allocation Committee.
Upon a motion by Councilmember Smith, this Resolution
was referred to the Urban Development Committee.
Bakersfield, California, July 25, 1990 - Page 17
Adoption of Resolution No. 105-90 of the
Council of the City of Bakersfield amending
Exhibit "A" (Estimate of Cost for Community
Improvements for 10-Year Period 1989-1999)
of Site Plan Review Policy Approved by
Council Resolution No. 21-85, as amended by
Resolution Nos. 122-87, 130-88, and 124-89,
and specifying fee per vehicle trip
established by that policy.
Upon a motion by Councilmember McDermott, Resolution
No. 105-90 of the Council of the City of Bakersfield was
adopted, with an amendment changing the reimbursement rate for
1990 at 62%, 1991 at 80%, 1992 at 95%, and 1993 at 100%, for as
long as the cost remains the same, and the acquisition of
freeway right-of-ways be referred to the Urban Development
Committee, 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. 90-193 with The
Price Company for the provision of
assistance relating to permit fees.
Councilmember McDermott made a motion to adopt
Agreement No. 90-193 with The Price Company with the amendment
to include the $25,000 maximum loan figure and replace the
$35,000,000 hurdle rate with $70,000,000.
City Manager Dale Hawley suggested that the City
offer the Price Company a choice of accepting the Agreement as
written, the $12,500 at $35,000,000, or increasing it to
$25,000 at $70,000,000.
Assistant City Attorney Alan Daniel clarified the
motion by Councilmember McDermott to adopt Agreement
No. 90-193, giving the Price Company an option to accept the
Agreement as written, or if they chose to increase the
requested loan to $25,000, there would be a corresponding
increase of $70,000,000 and a threshold amount they must reach.
The motion was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, Brunni, Peterson,
Councilmembers DeMond, Smith, Salvaggio
None
None
McDermott
107
Bakersfield, California, July 25, 1990 - Page 18
Acceptance of the Fiscal Year 1990-91
Rental Rehabilitation Program Funds and
amendments to Memorandum of Understanding
No. 87-201 with the Housing Authority of
the County of Kern.
Upon a motion by Councilmember
were accepted, and $73,000 of Block Grant
Development operating budget within the
Block Grant funding was approved by the
vote:
Salvaggio, the funds
Revenue to Community
Community Development
following roll call
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Upon a motion by Councilmember Salvaggio, Agreement
No. 90-194 was adopted and the Mayor authorized to execute the
Amended Memorandum of Understanding.
Sale of four Surplus Aerators and Ancillary
Equipment for Wastewater Treatment to the
City of Taft.
Upon a motion by Councilmember Peterson,
authorization of the sale was approved.
Appointment of a Councilmember to
the Kern Water Bank Land Use
Committee.
serve on
Advisory
Upon a motion by Councilmember Smith,
taken at the Council Meeting of July 11, 1990, was
by the following roll call vote:
the action
reconsidered
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Upon a motion by Councilmember Smith, Councilmember
Ken Peterson was appointed to the Water Bank Land Use Advisory
Committee, and Councilmember Conni Brunni was appointed as an
alternate to serve on the Water Bank Land Use Advisory
Committee, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
one (11 vacancy on the Kern Mosquito
Abatement District due to the death of John
E. Chafin (City Representative), term
expiring December 31, 1991.
Upon a motion by Councilmember
Gerald Ladd was appointed to the Kern
District, term expiring December 31, 1991.
Salvaggio, Mr. Scott
Mosquito Abatement
108
Bakersfield, California, July 25, 1990 - Page 19
A Resolution of the Council of the City of
Bakersfield regarding a request by the
Local Agency Formation Commission to take
legislative action to approve the proposed
formation of County Service Area No. 79
(Tract 5077, north of State Highway 178-
Northeast Area).
Councilmember Peterson made a motion to adopt a
Resolution of the Council of the City of Bakersfield regarding
a request by the Local Agency Formation Commission to take
legislative action to approve the proposed formation of County
Service Area No. 79.
Councilmember McDermott made a substitute motion to
direct staff to communicate to LAFCO that Council is not in
support and the matter will be referred to the
Intergovernmental Relations Committee and to request that LAFCO
delay action until after that time. 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
COUNCIL STATEMENTS
Upon a motion by Councilmember Peterson, the matter
of preparing for a disaster was referred to the Urban
Development Committee and the Fire Chief, and they were
directed to obtain a copy of the tape from the League of
California Cities Meeting in Monterey and to review the tape
regarding disaster planning.
Councilmember McDermott suggested that the Council
hold another Disaster Planning Workshop.
Councilmember McDermott spoke regarding the threat to
revenue sources in the City, and stated that threat is the
failure of the State legislature to deal with the very
important issue and pass the budget. He directed staff to take
steps necessary to make sure the City does not have a financial
problem caused by the inability of the State legislature to act
and that the City take the appropriate steps necessary and to
keep the Budget and Finance Committee and the Council informed
as to the status of this issue.
109
Bakersfield, California, July 25, 1990 - Page 20
Councilmember Edwards spoke regarding the Monterey
League of California Cities trip and stated that there was a
theme that ran through the whole conference, which was the
diversity of the communities of California and the future of
California and how the diversity is going to become more
dramatic as time goes on; that diversity among the ethnic
groups in California. He stated that they heard this from a
number of sources and he hopes that the Council does not just
absorb that information and forget it, but begin to prepare for
the future of Bakersfield in that diversity. The Council ought
to be doing the things right now that will make the City
proactive rather than reactive to change in Bakersfield.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Brunni, the meeting was
adjourned at 11:59 p.m.
of
of
Bakersfield, CA
ATTEST:
CITY CLERK and E~ O~ficio Clerk of the
Council of the City of Bakersfield, CA
kdsc
110
Bakersfield, California, August 8, 1990
Minutes of the Workshop of the Council of the City of
Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., August 8, 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
WORKSHOP
BUFFER AROUND SEWAGE PLANT NO. 3.
Public Works Director Ed Schulz spoke
buffer zone around Sewage Plant No. 3.
Mr. Fred Kloeper spoke regarding
around Sewage Plant No. 3.
Planning Director Jack Hardisty
various options for development of the
Sewage Plant No. 3.
regarding the
the buffer zone
spoke regarding
buffer zone around
ADJOURNI~q~IT
There being no further business to come before the
Council, Mayor Medders adjourned the Workshop at 5:42 p.m.
MAYOR of the City of BakerSfield, CA
ATTEST: ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
kdsc