HomeMy WebLinkAbout08/08/1990 MINUTES CC110
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
ADJOURNMEN?
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
111
Bakersfield, California, August 8, 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., August 8, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Chaplain Ed Meissner, First
Assembly of God Church, and the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Absent: None
CONSENT CALENDAR
The following items were listed on the Consent
Calendar:
ae
be
Approval of Warrant Nos. 11437 to
11687, inclusive, in the amount of
$1,320,306.57; and approval of Warrant
Nos. 71 to 298, inclusive, in the
amount of $440,430.36; and Self
Insurance Warrant Nos. 2382 to 2428,
inclusive, in the amount of $40,212.37;
and Self Insurance Warrant Nos. 08 to
28, inclusive, in the amount of
$26,540.63.
Minutes of the Closed Session and
Regular Meeting of July 11, 1990, for
approval.
c. Communications:
de
1. REMOVED AND ACTED UPON SEPARATELY.
Communication from Bill
Jackson, Auditor-Controller,
1415 Truxtun Avenue, Room 111,
dated July 27, 1990, submitting
the San Joaquin Valleywide Air
Pollution Study Agency
Quarterly Report of Financial
Activity for Quarter ending
June 30, 1990. (RECEIVE AND
PLACE ON FILE)
Communication from Monty H.
Hopper, Director, Weights &
Measures/Fair Housing,
1116 East California Avenue,
dated July 27, 1990, submitting
the Kern County Fair Housing
Division Annual Report.
(RECEIVE AND PLACE ON FILE)
Deed No. 3241, Irrevocable Offer of
Street Dedication from Harold and Norma
Tyner for a portion of Brundage Lane at
the southwest corner of Brundage Lane
and Oswell Street.
Bakersfield, California, August 8, 1990 - Page 2
Deed No. 3242, Full Reconveyance for
Home Improvement Loan for Lucille
Howard.
Final Map and Improvement Agreement
Nos. 90-195 and 90-196 with Metco
Development Corporation for Tract 5309,
consisting of 32 lots on 6.42 acres
located south of White Lane and west of
Mountain Vista Drive.
Notice of Completion and acceptance of
work for Tract No. 5103, located at the
intersection of Oak Grove Street and
Westwold Drive, Contract No. 89-188,
completed July 26, 1990.
h. Approval of Plans and Specifications
for the following:
Resurfacing of Bernard Street,
California Avenue, Stockdale
Highway and Panama Lane at
various locations.
2. Installation of signs at the
Convention Center.
Request for Extension of Time from
Oceanic Communities, Inc., to extend
the completion date for Improvement
Agreement No. 89-189, Parcel Map 9077,
to August 29, 1991.
Agreement No. 90-197, Amendment to
Agreement No. 88-46 with Bakersfield
Municipal Sports Complex (Mesa Marin).
k. REMOVED AND ACTED UPON SEPARATELY.
Award Contract No. 90-198 for Highway
Lighting System on State Highway 178
and Morning Drive to Safety Electric
Corporation in the amount of $13,323.00
and authorize the Mayor to execute the
Contract.
Upon a motion by Councilmember McDermott, the last
paragraph on page 13 of the Minutes of the Regular Council
Meeting of July 11, 1990, was changed to read, "Councilmember
McDermott thanked all the members of the Ad Hoc Unreinforced
Masonry Committee, including Councilmember DeMond, for all
their hard work," and the paragraph was moved to the bottom of
page 12.
Upon a motion by Councilmember Brunni, Items c.1. and
k. of the Consent Calendar were removed and acted upon
separately.
113
Bakersfield, California, August 8, 1990 - Page 3
Upon a motion by Councilmember McDermott, Items a, b,
c, d, e, f, g, h, i, j, and 1, with the exception of c.1. and
k., with the correction to the Minutes of July 11, 1990, were
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Communication from Samuel
Alvarado, 4601 Axminister,
regarding Sewer Treatment Plant
No. 3. (RECEIVE AND REFER TO
PUBLIC WORKS DEPARTMENT)
Upon a motion by Councilmember Brunni, a written
response will be sent to Mr. Samuel Alvarado, with copies to
Council.
Re
Attorney Retainer Legal Services
Agreement No. 90-199 with Donald H.
Maynor to provide legal services.
Councilmember Brunni stated she was uncomfortable
with the Contract for Legal Services with Donald H. Maynor
because there is no maximum limit.
Assistant City Attorney Bob Sherfy stated that the
reason the Contract is worded the way it is and should not be
changed is because outside attorney fees are not something that
you can have an exact lid on, although there is an idea of what
they may cost. The estimate for the cost is approximately
$120,000 total attorney fees. It is the feeling of the City
Attorney's Office that it is best not to spell out in the
Contract, but rather to closely monitor the billings received
from the attorney and report back on a regular basis to the
Litigation Committee with the goal of keeping it under that
figure.
Upon a motion by Councilmember McDermott, Attorney
Retainer Legal Services Agreement No. 90-199 with Donald H.
Maynor was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
McDermott,
Councilmember Brunni
None
None
DeMond, Smith,
Salvaggio
Peterson,
114
Bakersfield, California, August 8, 1990 - Page 4
HEARINGS
This is the time set for continued 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.
This hearing was continued from the Council meeting
of July 25, 1990.
Mayor Medders declared the hearing open for public
participation.
Mr. Robert Hudspeth spoke in opposition and suggested
there be more studies conducted and more input by everybody.
No further protests or objections being received and
no one wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Upon a motion by Councilmember DeMond, the purchase
documents relating to the 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 were continued to the
Regular Council Meeting of August 22, 1990.
This is the time set for public hearing
regarding amendment to the Land Use Element
of the Bakersfield Metropolitan Area
General Plan and proposed environmental
documents concerning the following area:
SEGMENT 1:
John Sarad requests to amend the
Metropolitan Bakersfield 2010 General Plan.
The amendment to Land Use Element of the
General Plan would change Low Density
Residential to Commercial on 5+/- acres for
the site generally located at the northeast
corner of Ashe and Harris Roads.
This hearing has been duly advertised, posted and
property owners notified as required by law.
115
Bakersfield, California, August 8, 1990 - Page 5
Mayor Medders declared the hearing open for public
participation.
Mr. John Sarad spoke in support of the hearing.
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. 106-90 making
findings, approving and adopting the
Negative Declaration and approving
Segment I of Proposed Amendment to the Land
Use Element of the Bakersfield Metropolitan
2010 General Plan (Land Use Amendment
2-90).
Upon a motion by Councilmember McDermott, Resolution
No. 106-90 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
This is the time set for public hearing
regarding amendment to the Land Use Element
of the Metropolitan Bakersfield 2010
General Plan and proposed environmental
documents concerning the following area:
SEGMENT II:
Amendment to the Land Use Element of the
Bakersfield Metropolitan Area 2010 General
Plan consisting of a change from HMR (High
Medium Density Residential) to LI (Light
Industrial) on 5.48 acres, for that site
generally located at the northeast corner
of Texas Street and Quantico Avenue.
(Ward 1)
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
116
Bakersfield, California, August 8, 1990 - Page 6
Adoption of Resolution No. 107-90 of the
Council of the City of Bakersfield making
findings, approving and adopting Negative
Declaration with Mitigation Measures and
approving Segment II of Proposed Amendment
to the Land Use Element of the Bakersfield
Metropolitan 2010 General Plan (Land Use
Amendment 2-90).
Upon a motion by Councilmember Edwards, Resolution
No. 107-90 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
This is the time set for public hearing
regarding amendment to the Land Use Element
of the Metropolitan Bakersfield 2010
General Plan concerning the following area:
SEGMENT III:
Lutheran Church of Prayer has applied to
amend the Land Use Element by changing land
use designations from HMR (High Medium
Density Residential) to GC (General
Commercial) on a 3.88-acre site located
along the northeast corner of Mr. Vernon
Avenue and Bernard Street. (Ward 3)
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. Bryan Haupt, Coleman Company, spoke in favor of
the hearing.
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. 108-90 of the
Council of the City of Bakersfield making
findings, approving and adopting Negative
Declaration and approving Segment III of
Proposed Amendment to the Land Use Element
of the Bakersfield Metropolitan 2010
General Plan (Land Use Amendment 2-90).
Upon a motion by Councilmember Smith, Resolution
No. 108-90 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
117
Bakersfield, California, August 8, 1990 - Page 7
This is the time set for public hearing
regarding amendment to the Land Use and
Circulation Elements of the Metropolitan
Bakersfield 2010 General Plan concerning
the following area:
SBGMENT IV:
Oceanic California, Inc., has applied to
amend the Land Use Element by rearranging
land use designation boundaries on
1,067.3+/- acres, and a Circulation Element
Amendment eliminating two designated
collector roadways, all located in
Section 6 and 7, Township 30 South,
Range 27 Bast, M.D.B.&M., and generally
located between the Kern River Canal, White
Lane, Old River Road and Buena Vista Road.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for publ%c
participation.
Ms. Becky Ulman, representing Oceanic Communities,
Inc., spoke in support of the hearing.
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. 109-90 of the
Council of the City of Bakersfield making
findings, approving and adopting Negative
Declaration and approving Segment IV of
Proposed Amendment to the Land Use and
Circulation Elements of the Metropolitan
Bakersfield 2010 General Plan (Land Use
Rlement and Circulation Element Amendment
2-90).
Councilmember Brunni suggested the wording regarding
parks be changed to state, "the parks in Sections 6 and 7 shall
be improved as neighborhood parks by the applicant within one
year of the time 25 percent of the residential acreage in
Sections 6 and 7 is recorded as a final subdivision map.
Improvements shall include those referenced for neighborhood
parks in the Parks Element of the Metropolitan Bakersfield 2010
General Plan."
Planning Director Hardisty stated that the references
to the sections should always be 6 and 7 since there are parks
in both.
Ms. Becky Ulman, Oceanic Communities, Inc., asked if
someone could read the definition of a neighborhood park
according to the 2010 General Plan.
118
Bakersfield, California, August 8, 1990 Page 8
Planning Director Hardisty stated that the park
referred to is one whose development includes a variety of
facilities, including single and group areas, drinking
fountains, playground area and equipment, game courts or tennis
courts, open turf area and landscaping, and parking and
security lighting. They also, depending on their location,
have concrete block walls between them and the adjacent
neighbors, and streets, curbs, gutters and utilities stub-outs
are a part of that. The facilities on the park are directed
from the 2010 Plan; the peripheral improvements are a matter of
design standards that the City has.
Councilmember Brunni stated there is a reference to
habitat fees that will be paid. The City has applied for a
Section 7 hearing on this and she would like a public answer as
to whether or not the habitat conservation fee is waivable as a
result of the City's request for a Section 7 hearing.
Planning Director Hardisty stated the condition would
apply to the full property and the habitat conservation fee
would be paid over the total property. It would not be waived
as a result of the Section 7 consultation.
In response to a question by Councilmember Brunni,
Planning Director Hardisty stated they have reviewed some of
the street sections which include bikeways. He is not sure if
the complete program for bike linkages is approved at this
time; that is something that is generally developed along with
the more detailed planning for the subdivisions.
Councilmember Brunni made a
Resolution No. 109-90 of the Council of the
with the amended wording regarding parks.
motion to adopt
City of Bakersfield
Mr. Don Lindsay, Oceanic Communities, Inc., asked
Councilmember Brunni to clarify her request regarding the
habitat conservation fee.
by a memo
a Section
regard to
about how
not waive
wanted that answer on the public record because she is
that is accurate.
Councilmember Brunni stated that Council was informed
to the City Attorney's Office that the City requested
7 consultation on these particular properties with
habitat conservation. She stated she was unclear
it worked. The answer she received was that it would
the $680 per acre habitat conservation fee and she
not sure
Mr. Don Lindsay stated that with regard to the
Section 7 consultation referred to, the fee that will be
required for mitigation of habitat is going to be equal or more
than the fee that is currently being paid to the City of
Bakersfield for its interim HCP. He also stated that if
Oceanic Communities pays a fee under the Section 7 permit, they
do not have to pay another fee for the same land under the
Bakersfield HCP once it becomes effective.
119
Bakersfield, California, August 8, 1990 - Page 9
Planning Director Hardisty stated that the emphasis
is that the habitat be protected and that if it is disrupted, a
preserve or other conservation area be established in lieu of
the disturbed habitat. Whether that is done is a matter of an
actual development of another piece of property or a cash
payment to the City to do it, or a cash payment to the federal
government or the state government or some other organization
recognized to do that, is not so important as the requirement
that it be done. It is not necessary that the City receive the
money, but that the necessity is that the work be done. They
are not to be absolved from paying their habitat conservation
fee as a result of simply going through a Section 7
consultation.
In response to a question by Councilmember Salvaggio,
Planning Director Hardisty stated Oceanic Communities would not
be required to pay the habitat conservation fee as well as the
mitigation costs required by the Fish & Wildlife Service, which
is what is done with other developments such as this. The
option under the ordinance is that in lieu of paying that fee,
they may enter into a separate agreement with the federal
government that satisfies their demands for habitat
preservation. They have the option as the ordinance stands
today.
Councilmember Salvaggio stated that the request for a
Section 7 consultation pursuant to the Federal Endangered
Species Act is irrelevant in this case. It has nothing to do
with what fees they may have to pay.
Planning Director Hardisty stated he does not feel it
is irrelevant. It is relevant as to the potential impacts on
the environment and the assurance is here on the record that
those impacts will be mitigated and accounted for.
Councilmember Salvaggio stated he understood it to
mean where there is a Section 7 consultation or a Section 10a
permit, the level of mitigation would not be any different as
required by Fish & Wildlife Services. It just expedites the
process from nine months to ninety days.
Planning Director Hardisty stated that that was his
understanding also. Oceanic will still be held responsible for
mitigating impacts, regardless of whether they come under a 10a
permit.
In response to a question by Councilmember Salvaggio,
Planning Director Hardisty stated the City has not, in the
past, required any other applicant to pay HCP fees in addition
to mitigation costs; however, on occasion the City has required
the payment of fees and some extraordinary care, even in the
process of developing the property. They may pay the fee, but
then they are also prohibited from disturbing kit fox dens
between January and April or between a later date for burrowing
owls. Even though they pay the fee, they are not allowed to go
in and destroy a nesting situation.
120
Bakersfield, California, August 8, 1990 Page 10
Councilmember Salvaggio
Councilmember receive a copy of the
opinion upon receipt by the City.
requested that each
Fish & Wildlife Service
In response to a question by Councilmember Brunni,
Acting City Attorney Sherfy stated the area designated for open
space parks is enforceable based upon the information he has.
The motion by Councilmember Brunni
Resolution No. 109-90 of the Council of the City of
was adopted by the following roll call vote:
to adopt
Bakersfield
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond,
McDermott,
Smith, Brunni,
Salvaggio
Rancho Laborde Development Agreement annual
review.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no
one 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
development of Riverlakes Ranch was found to be in good faith
compliance with the terms of the Rancho Laborde Development
Agreement by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
REPORTS
Report No. 5-90 from the Personnel
Committee regarding Fire Department Pension
Fund o
Councilmember
Committee, read Report
Pension Fund as follows:
Edwards, Chairperson
No. 5-90 regarding
of the Personnel
Fire Department
The Personnel Committee met on August 1,
1990, to review the proposed addition of
Subsection E to Section 2.92.330 of the
Bakersfield Municipal Code. The Fire
Department Relief and Pension Fund is a
retirement program which was formed prior
to the existence of the Public Employees
Retirement System and currently 33 retired
employees or dependents are in the Fund.
121
Bakersfield, California, August 8, 1990 - Page 11
Based on an actuarial study completed by
Peat, Marwick, Main & Company, the Fund has
$600,000.00 of uncommitted assets over and
above the amount required to fully fund the
actuarially projected liabilities. The
Fire Department Relief and Pension Fund
Board's proposed ordinance recommends
passing the proceeds on to the retirees in
the program by giving them a 10% increase
in monthly benefits effective July 1, 1990.
The Personnel Committee concurs with this
recommendation and requests Council
approval of this report and the attached
ordinance.
Upon a motion by Councilmember Edwards, Personnel
Committee Report No. 5-90 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Subsection E to Section 2.92.330 of the
Bakersfield Municipal Code relating to
increases in monthly allowance paid by the
Fire Department Pension Fund.
Report No. 6-90 from the Personnel
Committee regarding New and Revised Job
Specifications; Reclassification of
Administrative Aide (Mayor's Office) to
Secretary I.
Councilmember Edwards, Chairperson of the Personnel
Committee, read Report No. 6-90 regarding New and Revised Job
Specifications; Reclassification of Administrative Aide
(Mayor's Office) to Secretary I as follows:
At its meeting on August 1, 1990, the
Personnel Committee approved the following:
I. New Job Specification
1) Supervisor II (Recycling) (722)
II. Revised Job Specifications
1) Secretary I (645)
2) Secretary II (649)
3)
Waste Water Treatment Plant
Lab Technician and Operator
(436)
4) Financial Investigator (608)
The Personnel Committee also reviewed a
recommendation from staff to reclassify the
Administrative Aide position in the Mayor's
Office to a Secretary I. A desk audit was
conducted by the Personnel Division which
determined that the job duties and
responsibilities performed more accurately
reflected the Secretary I position than the
Administrative Aide. The reclassification
request has been approved by the
Miscellaneous Civil Service Board.
Bakersfield, California, August 8, 1990 - Page 12
The Personnel Committee requests approval
of the revised job specifications and
adoption of the attached salary resolution.
The Committee also requests Council
approval of the reclassification of the
Administrative Aide position in the Mayor's
Office to a Secretary I.
Upon a motion by Councilmember Edwards, Personnel
Committee Report No. 6-90 was accepted.
Upon a
recommendations of
implemented.
motion by Councilmember Edwards, the
Personnel Committee Report No. 6-90 were
Adoption of Resolution No. 110-90 of the
Council of the City of Bakersfield Amending
Resolution No. 10-89 setting salaries and
related benefits for officers and employees
of the General Supervisory, Police
Supervisory, and Management Units of the
City of Bakersfield (Supervisor II-
Recycling).
Upon a motion by Councilmember Edwards, Resolution
No. 110-90 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
ACTION ON BIDS
Award of Contract No. 90-200 with
Insituform Southwest for rehabilitation of
6-inch Sewer Lines in Easement east of
Oleander Avenue and west of "H" Street
between 1st and Bank Streets.
Upon a motion by Councilmember Edwards, the Base Bid
from Insituform Southwest in the amount of $184,070.00 was
accepted, authorization given for the appropriation of
$9,070.00 fund balance to the Public Works Capital Improvement
Budget within the Sewer Enterprise Fund, and the Mayor
authorized to execute the Contract.
Adoption of Resolution No. 111-90 of the
Council of the City of Bakersfield
determining that used cars cannot be
reasonably obtained through usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefor,
not to exceed $184,000.
Councilmember Brunni stated
trying to circumvent policy, and that it
that the used vehicles will be purchased
to be used for police purposes.
that Council is not
was her understanding
at an auction and are
City Manager Hawley confirmed Councilmember Brunni's
statement.
Bakersfield, California, August 8, 1990 - Page 13
Upon a motion by Councilmember Peterson, Resolution
No. 111-90 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
DEFERRED BUSINESS
Adoption of Ordinance No. 3306 of the
Council of the City of Bakersfield making
certain findings and approving Sanwa Bank
Development Agreement No. 90-201.
This Ordinance was given first reading at the meeting
of July 25, 7990.
Councilmember McDermott made a motion to adopt
Ordinance No. 3306 of the Council of the City of Bakersfield.
Councilmember ~runni stated for the record that the
Kern Economic Development Corporation is to be applauded for
working with State Farm from day one, showing them around our
County and helping them to make their decision to locate in
Bakersfield. She stated she does believe that this kind of
employer/corporate neighbor will be a catalyst for future
economic growth. She stated she has been told by those who
have State Farm in their cities, they are a four-star neighbor,
and she happily awaits the ground-breaking.
The motion by Councilmember McDermott to adopt
Ordinance No. 3306 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
NEW BUSINESS
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 consisting of 86+/-
acres located in Sections 6 and 7,
Township 30 South, Range 27 East,
M.D.B.&M., and generally located between
the Kern River Canal, White Lane, Old River
Road and Buena Vista Road from an R-2
(Limited Multiple Family Dwelling) Zone to
an R-1 (One Family Dwelling) Zone, from an
R-3 (Limited Multiple Family Dwelling) Zone
to R-l, from an R-1 to R-2, from an R-1 to
C-2 (Commercial) Zone, R-1 to R-3, and C-2
to R-3.
This Ordinance rezones approximately 90 acres located
within Sections 6 and 7.
124
Bakersfield, California, August 8, 1990 Page 14
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 that certain property in the City
of Bakersfield generally located along the
northeast corner of Mr. Vernon Avenue and
Bernard Street from an R-I-C~ (One Family
Dwelling-Chnrch) Zone to a C-2 (Commercial)
Zone on 3.88 acres.
The Planning Commission conducted a public hearing on
June 21, and July 5, 1990, and recommended approval of the
Negative Declaration and zone change amendment request.
First Reading of an Ordinance of the
Conncil 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
northeast corner of Ashe and Harris Roads
from an R-1 (One Family Dwelling) Zone to a
C-1 (Limited Commercial) Zone on 5+/-
acres.
This Ordinance sets forth the recommended action
taken by the Planning Commission on July 5, 1990, approving the
zone change request of John Sarad, JTM Joint Ventures on 5+/-
acres from an R-1 (One Family Dwelling) Zone to a C-1 (Limited
Commercial) Zone.
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Section 17.06.020 of Chapter 17.06 (Zoning
Map) of the Bakersfield Municipal Code
regarding prezoning of property known as
the Quantico No. 1 Annexation. (WARD 1)
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 4.15 acres of
Quantico No. 1 Annexation as an R-2 (Limited Multiple Family
Dwelling) Zone and approximately 5.48 acres as an M-1 (Light
Manufacturing) Zone.
Adoption of Resolution No. 112-90 of the
Council of the City of Bakersfield
approving Memorandum of Understanding
No. 90-202 setting salaries and related
benefits for employees of the Police Unit
of the City of Bakersfield.
Upon a motion by Councilmember Peterson, Resolution
No. 112-90 of the Council of the City of Bakersfield was
adopted, and $480,000 was transferred from Council Contingency
to the Police Department Operating Budget in the General Fund,
by the following roll call vote:
Ayes: Councilmembers Edwards,
Peterson,
Noes: None
Abstain: None
Absent: None
DeMond, Smith, Brunni,
McDermott, Salvaggio
Bakersfield, California, August 8, 1990 Page 15
Councilmember Salvaggio stated he is in support of
the Resolution and that the police officers are deserving of
this raise.
Adoption of Resolution No. 113-90 of the
Council of the City of Bakersfield amending
Resolution No. 10-89 setting salaries and
related benefits for officers and employees
of the General Supervisory, Police
Supervisory and Management Units of the
City of Bakersfield. (Hazardous Materials
Coordinator).
Upon a motion by Councilmember DeMond, Resolution
No. 113-90 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. 114-90 of the
Council of the City of Bakersfield amending
Resolution No. 6-89 setting salaries and
related benefits for officers and employees
of the City of Bakersfield. (Financial
Investigator and Landscape Designer)
Upon a motion by Councilmember Edwards, Resolution
No. 114-90 of the Council of the City of Bakersfield was
adopted, effective July 2, 1990, 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. 115-90 of the
Council of the City of Bakersfield amending
Resolution No. 10-88 setting salaries and
related benefits for temporary employees of
the City of Bakersfield. (Stagehand and
Wardrobe)
Upon a motion by Councilmember Edwards, Resolution
No. 115-90 of the Council of the City of Bakersfield was
adopted, effective August 13, 1990, by the following roll call
vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
126
Bakersfield, California, August 8, 1990 - Page 16
Approval of License Agreement No. 90-203
with Madene and Bryan Cox to allow entry
into a water collection sump.
Upon a motion by Councilmember Salvaggio, Agreement
No. 90-203 with Madene and Bryan Cox was approved and the Mayor
authorized to execute the Agreement.
Approval of Agreement NO. 90-204 with
County of Kern to share the costs of the
Incentive Area Information Center.
Upon a motion by Councilmember Smith, Agreement
No. 90-204 with the County of Kern was approved, authorization
given for the appropriation of $37,085 County contribution to
the ED/CD Operating Budget within the General Fund, and the
Mayor authorized to execute the Agreement, 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. 90-205 with
Stephan C. and Penelope J. Parrish for the
sale of real property, commonly known as
1617 13th Street and 1231 Eye Street.
Upon a motion by Councilmember DeMond, Agreement
No. 90-205 with Stephan C. and Penelope J. Parrish was approved
and the Mayor authorized to execute the Agreement.
Designation of Voting Delegate for League
of California Cities Annual Conference.
Upon a motion by Councilmember McDermott,
Councilmember Peterson was appointed as the Voting Delegate for
the League of California Cities Annual Conference.
Upon a motion by Councilmember Smith, Councilmember
DeMond was appointed as the Alternate Voting Delegate for the
League of California Cities Annual Conference.
127
Bakersfield, California, August 8, 1990 - Page 17
COUNCIL STA?EMENTS
Councilmember McDermott stated that when he first ran
for Council, one of the highest things on his priority list was
to address some of the circulation needs of the community. The
Council has been working for over three years and has finally
adopted the 2010 General Plan to address some of these needs,
but he feels very frustrated in that he does not see the
Council moving forward towards accomplishing the goal of
building some of the needed freeways the community needs. He
thinks the City needs to accelerate the priority placed upon
this so that the Council can tell the people of the community
that the City is going to accomplish the goal of getting these
freeways. The Council needs to place some of the highest
priority on trying to acquire the rights-of-way. The Council
has taken some of the appropriate steps on directing staff to
get the specific plan lines drawn on the west side freeway. He
feels the Council needs to be even more directive and make sure
the corridor study gets going on the east-west portion of the
loop freeway on the southern end of town. He thanked staff for
the outline of the schedule for getting the west side freeway
system going. In order to place higher priority on the
freeways, Councilmember McDermott made a motion to refer this
matter to the Urban Development Committee to try to come up
with an acquisition plan for the right-of-way plan. The motion
was approved.
Councilmember Brunni spoke regarding growth in the
City. She stated the Council will not be able to implement the
2010 General Plan without the necessary ordinances, which means
acquiring right-of-ways, getting dedications, park ordinances,
regional transportation fees, etc. She stated the City does
not have the mechanisms in place to implement the 2010 General
Plan, and urged the Council to work quickly with the Planning
Commission to get ordinances drafted to bring to the Council
and to implement them right away to accelerate the Circulation
Plan and other types of plans in the 2010 General Plan to stay
ahead of the growth.
Councilmember Brunni announced that she is no longer
employed at San Joaquin Bank. She is now the Executive
Director of the Bakersfield Memorial Physicians Independent
Practice Association, effective August 1, 1990.
Upon a motion by Councilmember Smith, the matter of
getting sewer service out to the area between Morning Drive and
the Rio Bravo area was referred to the Urban Development
Committee.
Upon a motion by Councilmember Smith, the matter of
setting up a metropolitan recreation and cultural arts district
was referred to the Intergovernmental Relations Committee.
Upon
regarding the
referred to the
a motion by Councilmember Smith, the matter
proposed Kern County Ambulance Ordinance was
Intergovernmental Relations Committee.
Councilmember Edwards asked staff to put on the
Agenda for the next Council meeting a resolution declaring
Martin Luther King holiday an official holiday of the City of
Bakersfield.
Councilmember DeMond asked staff to look at
implementing a mandatory recycling program.
Bakersfield, California, August 8, 1990 - Page 18
Councilmember Salvaggio discussed the recent
emergency ordinance with respect to larger residential
facilities or group homes being placed in residential areas.
This would require a conditional use permit and subsequent to
that action, there was some dialogue between the Planning
Department and some of the social service agencies in the
community expressing concerns that the CUP process would be
burdensome and discriminatory. The emergency ordinance came
back to Council and they were asked to modify it and in effect
pass it all over again because of the modification that would
exempt the physically and mentally disabled people from the CUP
process. He stated his concern is that he attended a meeting
by the Advocacy Committee for the Chronically Mentally Ill, and
they had as a guest speaker, Mr. Benny Howard, Section 504
Coordinator for Region 9 of the U.S. Department of Housing and
Urban Development. His topic was fair housing issues affecting
the disabled. Councilmember Salvaggio felt this is an issue
the City should be handling locally without the need for state
government. He stated he hopes the Council can work with those
groups and come up with something that is fair and reasonable,
something that is balanced, that protects those people who need
to be in group homes, and at the same time making sure wherever
those group homes are located that they are in character rather
than out of character with the surrounding neighborhood. He
suggested the City obtain a copy of the County ordinance and
other cities' ordinances pertaining to this matter and look at
them and make that part of the deliberative process.
Councilmember Salvaggio stated that one of the cost
saving measures in the state 1990-91 budget would allow
counties and cities to suspend the Ralph M. Brown Act as
modified in 1986, the open meeting law of this state, by
eliminating the requirement of a 72-hour posting of agendas.
Also, the state-mandated program was suspended for this fiscal
year with respect to having a public comment portion on the
agenda. He asked staff to prepare a resolution for the next
Council meeting indicating that the City is going to continue
to post agendas and continue the public statement portion of
the agenda.
Upon a motion by Councilmember Edwards, the issue of
a Resolution endorsing the City's continued compliance with the
Brown Act was referred to the Legislative and Litigation
Committee.
/~J~'OURNN_RN?
There being no further business to come before the
Council, upon a motion by Councilmember Brunni, the meeting was
adjourned at 8:30 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
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