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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