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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 kdsc