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HomeMy WebLinkAbout08/22/1990 MINUTES CCBakersfield, California, August 22, 7990 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 22, 1990. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers None Edwards, DeMond, Smith, Brunni (seated at 5:25), Peterson, McDermott, Salvaggio WORKSHOP Presentation by Health Care Consultant Regarding Employee Health Benefits. Mr. Tom Sher, Sher Consultants, spoke regarding health care benefits. Council, ADJOURNMENT There being no further business to come before the Mayor Medders adjourned the Workshop at 5:50 p.m. MAYOR of the City ~f Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, August 22, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:55 p.m., August 22, 1990. The meeting was called to order by Vice Mayor Peterson. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None adjourned CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Garland vs. City of Bakersfield. Two Closed Sessions pursuant to Code Section 54956.9(b)(1) potential litigation. Government regarding Upon a motion by Councilmember DeMond to Closed Session at 5:55 p.m. Council ADJOURNMENT Upon a motion by Councilmember DeMond, the meeting for Closed Session was adjourned at 6:52 p.m. ATTEST: / CITY CLERK and Ex'Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, August 22, 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 22, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Paul Dennis, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None Calendar: The CON$~T CALEND~'~ following items were listed on the Approval of Warrant Nos. 299 to 595, inclusive, in the amount of $1,030,153.64 and Self Insurance Warrant Nos. 29 to 118, inclusive, in the amount of $57,757.86. Minutes of the Closed Session and Regular Meeting of July 25, 1990, and the Workshop and Regular Meeting of August 8, 1990, for approval. Communications: Communication from Jerilyn M. Love, 1001 Eubanks, dated August 1, 1990, regarding water conservation in Bakersfield. (RECEIVE AND REFER TO WATER AND SANITATION DEPARTMENT) Communication from Bryan and Madene Cox, 120 East White Lane, dated July 19, 1990, requesting installation of six-foot concrete block wall along their property line if the property east and/or north of their property has improvements within 500 feet of their property line. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Consent Bakersfield, California, August 22, 1990 - Page 2 Communication from Robert Jackson, President, Bojak Development, 5401 Business Park South, Suite 224, dated August 8, 1990, requesting annexation of the property generally located on the south side of Hosking Avenue, approximately 477 feet east of South "H" Street and containing approximately 40 acres. (RECEIVE AND REFER TO PLANNING COMMISSION) e Communication from Edith E. Ross, 4205 Wilson Avenue, dated August 14, 1990, regarding the proposed sidewalk maintenance ordinance. (RECEIVE AND REFER TO CITY ATTORNEY) Communication from Stanley Grady, City of Bakersfield Assistant Planning Director, 1501 Truxtun Avenue, dated August 15, 1990, requesting amendment to the Land Use Element of the General Plan and also an amendment to the City zoning ordinance. The site is a five-acre parcel located along the south side of Harris Road approximately 1,600 feet east of Ashe Road and 3,000 feet west of Stine Road. (RECEIVE AND REFER TO PLANNING COMMISSION) Approval of Plans and Specifications for the following: Fire Personnel Housing Facilities at Fire Station No. 2. e Hazardous Materials Vehicle Parking Garage at Fire Station No. 11. Agreement No. 90-206, Amendment to Agreement No. 90-18 with State of California, Department of Transportation (Caltrans), for sewer relocation at Freeway 99 northbound off-ramp and Rosedale Highway. Consultant's Agreement No. 90-207 with George Sweet for administration, inspection and coordination of the construction phase of the widening of the Ming Avenue Overcrossing. Bakersfield, California, August 22, 1990 - Page 3 ge Agreement No. 90-208 with Bakersfield Association for Retarded Citizens for the lease of a City refuse truck. h. REMOVED FOR SEPARATE CONSIDERATION. Upon a motion by Councilmember Brunni, Item 4. h. of the Consent Calendar was removed for separate consideration. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, and g of the Consent Calendar, with the removal of Item h, and with the amendment to the Minutes of the Regular Meeting of July 25, 1990, were 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 McDermott, on page 15, the last paragraph of the Minutes of the Regular Meeting of July 25, 1990, was amended to read, "election since 1956," in the place of "election since 1954." Authorize Transmittal of Response to the Kern County Grand Jury regarding the 1 989-90 findings and recommendations. Upon a motion by Councilmember Brunni, the Transmittal of Response to the Kern County Grand Jury regarding the 1989-90 findings and recommendations was referred to the Urban Development Committee. PUBLIC STATEMENTS Misses Kathy Chanpong, Kris and Leigh Reifel, 700 Montclair Street, representing Bakersfield High School, stated they were selected for the Lord Mayor of Westminsters of London's New Year's Parade and asked for support from the Council. Mr. Harvey H. Means, 1326 "H" Street, Suite 11, representing property owners, spoke in opposition to the closure of "G" Street between California Avenue and 14th Street during school hours. Ms. Jennifer Keller, 1400 "G" Street, spoke in opposition to the closure of "G" Street between California Avenue and 14th Street during school hours. Mr. George Thompson, Executive Director of the Food Bank, 1437 "H" Street, spoke in opposition to the closure of "G" Street between California Avenue and 14th Street during school hours. Ms. Irma Carson, 4300 Garnsey, President of the Board of Education, encouraged the adoption of the Resolution designating the Martin Luther King holiday as a City holiday. 135 Bakersfield, California, August 22, 1990 - Page 4 Mr. Bruce Keith, 6104 Preston Court, President of the Downtown Business Association, spoke regarding signage for unreinforced masonry buildings and proposed purchase of 7400 18th Street. HEARINGS This is the time set for public hearing regarding a Negative Declaration for the relocation of water lines and telephone lines from under the westbound 24th Street bridge over the Kern River to separate easements east of the bridge from the City of Bakersfield. (Ward 4) 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. Upon a motion by Councilmember Brunni, Declaration with the mitigation measures listed were adopted by the following roll call vote: the Negative in Exhibit A Ayes: Noes: Abstain: Absent: Councilmembers Edwards, De Mond, Peterson, McDermott, None None None Smith, Brunni, Salvaggio ?his is the time set for public hearing regarding a Negative Declaration for a Master Plan for upgrading and expanding existing Wastewater ?reatment Plant No. 2. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Ms. Myra Barker, 3760 Buena Vista Boulevard, representing Citizens for Clean Environment, spoke in opposition to the Negative Declaration. Mr. Tom Boozer 3829 Di Giorgio Road, spoke in opposition to the Negative Declaration. Ms. Nellie Ogden, Route 6, Box 69, spoke in opposition to the Negative Declaration. 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 Edwards, the hearing was continued until such time as information regarding previous lawsuit and settlement can be assembled for Council review. 136 Bakersfield, California, August 22, 1990 - Page 5 This is the time set for a public hearing (TEFRA) to consider authorization to execute and deliver certain Certificates of Participation not to exceed $6,000,000 to finance the development of certain licensed residential care facilities for the elderly on behalf of the United Community Rousing and Development Authority. law. This hearing has been duly advertised as required by 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. No action is required on this matter. REPORTS Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. 6-90 regarding Continued Brown Act Compliance, as follows: By State law, compliance with many provisions of the Ralph M. Brown Act (the "Brown Act"), relating to open meetings of legislative bodies of public agencies, is not required because reimbursement of such agencies' costs was not included in the State Budget. The Committee believes it appropriate that the Council go on record as committing the City to voluntary compliance with all Brown Act requirements and as supporting action by the State Legislature to reinstate all provisions of the Brown Act. Accordingly, the Committee recommends that the Council adopt the attached resolution. Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 6-90 was accepted. Adoption of Resolution No. 116-90 of the Council of the City of Bakersfield requiring the observance of all provisions of the Brown Act and supporting State legislation reinstating all provisions of the Brown Act. Councilmember DeMond asked staff to make sure a copy of the Resolution is directed to the appropriate State legislature with a cover letter setting forth the intent of the Resolution. 137 Bakersfield, California, August 22, 1990 - Page 6 Upon a motion by Councilmember DeMond, Resolution No. 116-90 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 Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. 7-90 regarding Special Signage or Recording of Notices for Unreinforced Masonry Buildings, as follows: After months of deliberation, the Unreinforced Masonry Building ("URM") Advisory Committee presented its reports to the Council at the Council's meeting of July 11, 1990. The Council followed that Committee's recommendations and proceeded to adopt ordinances applicable to URM buildings on July 25th. One such ordinance requires that each such building shall be subject to seismic safety analysis, and the results provided to the City within 24 months. This Committee believes that further Council action as to URM buildings, such as requiring special signage or recording of notices, should await the completion of the seismic safety analyses to determine the extent of actual hazard, if any, of each such structure. The Committee recommends that Council take no such action at this time. Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 7-90 was accepted. Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 6-90 regarding Resolution to approve a Supplemental Cooperation Agreement with the Housing Authority of the County of Kern for the Issuance of Multi-Family Revenue Bonds, as follows: On August 6, 1990, the Urban Development Committee reviewed a request from the Housing Authority of the County of Kern to execute a Cooperative Agreement relating to the issuance of a Multi-Family Bond. The Committee recognizes the need to assist in the development of housing opportunities throughout the City. It is equally important that any assistance granted by the City of Bakersfield must be consistent with the goals established in the 2010 Plan and its various elements. Since the Housing Element of the City's General Plan is presently under study and is subject to revision, it is difficult to establish at this time how this bond issue affects the implementation of the 2010 Plan. Bakersfield, California, August 22, 1990 - Page 7 In updating the Housing Element, a comprehensive approach to the provision of assistance by public agencies for multi-family projects should be examined, including an evaluation of all forms of public assistance, such as property tax increments, Community Development Block Grant Funds, and other such funds as may be available. It is therefore recommended that this request not be considered until the Housing Element has been completed. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 6-90 was accepted. Upon a motion by Councilmember Peterson, the recommendations of Urban Development Committee Report No. 6-90 were implemented. Councilmember Salvaggio voted no. ACTION ON BIDS Emergency Response Vehicles for the Fire Department (3 replacement vehicles). Upon a motion by Councilmember McDermott, the low bids from Jim Burke Ford (two vehicles, $35,999.62) and Three-Way Chevrolet (one vehicle, $22,790.17) were accepted and the other bids rejected. Approval of Agreement No. 90-209 with Brown & Fowler Construction Company for a College Avenue Retaining Wall from O'Donnell Way to Flintridge Drive. Upon a motion by Councilmember Smith, the low Base Bid from Brown & Fowler Construction Company in the amount of $54,847.95 was accepted, the other bids rejected, authorization given for the appropriation of $12,000.00 TDA fund balance to the Public Works Capital Improvement Budget within the TDA Fund, and the Mayor authorized to execute the Contract, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Brunni asked staff for an accounting of the Transportation Development Act Fund. 139 Bakersfield, California, August 22, 1990 - Page 8 DEFERRED BUSINESS Proposed purchase of property at '1400 lSth Street, and the proposed sale of property at the southwest corner of 17th and "G" Streets. This item was continued from the public hearing of August 8, 1990. Councilmember DeMond stated that communication has been received from Banducci-Walker regarding their compensating usage of the proposed site, stating, "Please be sure that Banducci-Walker will not attempt to further develop the subject real property unless and until it appears that there is a demand for the development of a large office building in the downtown area." Additionally, Council received a proposed revision to the Banducci-Walker Agreement from the City Manager. City Manager Dale Hawley stated the suggested changes to the Banducci-Walker Agreement are as follows: Based on CDDA action on August 20, 1990, substitute John Stinson as Interim Contract Administrator in place of Jake Wager. This would meet the original intent of the CDDA having an independent impartial review. Further, the Permanent Contract Administrator will be appointed prior to the close of escrow. e The following language be added to Exhibits E-F ( Permitted Title Exceptions) of the Exchange Agreement. "The City Manager/Executive Director shall approve all permitted title exceptions." The following clauses be addeed to the Joint Escrow Instructions under Section 2 "Deposit of Documents in Escrow" (Page 2-3). Add to Subsection 2.1. (7) A fully executed copy of the Cooperation Agreement including Exhibits A-C. Add to Subsection 2.2. (7) A fully executed copy of the Cooperation Agreement including Exhibits A-C. A fully executed copy of the Exchange Agreement including Exhibits A-G. Add to Subsection 2.3. (7) A fully executed copy of the Exchange Agreement including Exhibits A-G. 140 Bakersfield, California, August 22, 1990 Page 9 Adoption of Resolution No. 117-90 of the Council of the City of Bakersfield anthoriziug the sale of surplus real property and findiug that snch sale is in the best interests of the City. Upon a motion by Councilmember DeMond, Resolution No. 117-90 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 Approval of Cooperation Agreement No. 90-210 by and between the Central District Development Agency of the City of Bakersfield, and the City of Bakersfield. Upon a motion by Councilmember DeMond, Cooperation Agreement No. 90-210 by and between the Central District Development Agency and the City of Bakersfield, as amended by the foregoing suggestions made by the City Manager was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-211, Joint Escrow Instructions of Exchange of Property by City of Bakersfield, Central District Development Agency of the City of Bakersfield and Banducci-Walker Enterprises. Upon a motion by Councilmember DeMond, Agreement No. 90-211, as amended by the foregoing suggestions made by the City Manager, was approved and the Mayor authorized to execute the Agreement 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. 3307 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. This Ordinance was given first reading at the meeting of August 8, 1990, with Personnel Committee Report No. 5-90. Upon a motion by Councilmember Salvaggio, Ordinance No. 3307 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 !4] Bakersfield, California, August 22, 1990 Page 10 Adoption of Ordinance No. 3308 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 Bast, 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-I, from an R-1 to R-2, from an R-1 to C-2 (Commercial) Zone, R-1 to R-3 Zone, and C-2 to R-3 Zone. This Ordinance was given first reading at the meeting of August 8, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3308 of the Council of the City of Bakersfield was adopted, with the revised wording provided by Planning Director .Tack Hardisty regarding the parks in Sections 6 and 7, Item No. 11, as follows, by the following roll call vote: "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." Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Peterson, McDermott, None None None Smith, Brunni, Salvaggio Adoption of Ordinance No. 3309 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-CH (One Family Dwelling-Church) Zone to a C-2 (Commercial) Zone on 3.88 acres. This Ordinance was given first reading at the meeting of August 8, 1990. Upon a motion by Councilmember Smith, Ordinance No. 3309 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, August 22, 1990 - Page 11 Adoption of Ordinance No. 3310 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Mnnicipal Code by changing the Land Use Zoning of that certain property 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 was given first reading at the meeting of August 8, 1990. Upon a motion by Councilmember McDermott, Ordinance No. 3310 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 Ordinance No. 3311 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 was given first reading at the meeting of August 8, 1990. Upon a motion by Councilmember Edwards, Ordinance No. 3311 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 Zoning Resolution No. 385 of the Council of the City of Bakersfield granting, with conditions, the appeal by BFGC Architects Planners, Inc., from the decision of the Board of Zoning Adjustment's Condition No. 2 of its approval of an application for a Conditional Use Permit to allow a secondary dwelling unit (750 square feet) to be used as a maid's quarters in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 90 Portales Real Street. Council July 11, This Resolution sets forth the decision of the following the public hearing on the matter held on 1990. 143 Bakersfield, California, August 22, 1990 - Page 12 Upon a motion by Councilmember Brunni, Zoning Resolution No. 385 of the Council of the City of Bakersfield was adopted, with the revisions on Page 2 provided by City Attorney Art Saalfield, as follows: 1st condition, add "Stockdale Highway" after "gate"; 2nd condition, add "restriction" after "deed," by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Zoning Resolution No. 386 of the Council of the City of Bakersfield denying the appeal by Margaret Schulte, Isabel Banducci, Marie Souza and Rita Whittaker from the decision of the Board of Zoning Adjustment approving Conditional Use Permit (CUP #5039) to allow construction and operation of a freestanding 350-foot tall broadcasting tower and associated simulsat earth station and equipment building in an A (Agriculture) Zone on that certain property commonly known as 8101Ashe Road. This Resolution sets forth the decision of the Council following the public hearing on the matter held on July 11, 1990. Councilmember Peterson made a motion to adopt Zoning Resolution No. 386 of the Council of the City of Bakersfield. Councilmember McDermott stated the original motion was to not consider the impact of the tower. Assistant City Attorney Bob Sherfy read the revised language on Item No. 2, Page 2, as follows: " , the City's appraiser shall separately identify any negatlv~ impact of the tower on the value of any properties to be acquired." The motion by Councilmember Peterson to adopt Zoning Resolution No. 386 of the Council of the City of Bakersfield, with the revised language, was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, McDermott, Salvaggio Noes: Councilmember Brunni Abstain: None Absent: None Peterson, NEW BUSINESS Adoption of Emergency Ordinance No. 3312 levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo annexation, a percentage rate of taxation upon each dollar of valuation for the Fiscal Year beginning July 1, 1990, and ending June 30, 1991. The General Obligation Bonds were authorized by the voters on September 28, 1965, for improvements to sewer and sewage treatment facilities and a fire station. 144 Bakersfield, California, August 22, 1990 - Page 13 Upon a motion by Councilmember McDermott, Emergency Ordinance No. 3312 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 First Reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal O~de by changing the Land Use Zoning of those certain properties commonly known as 4900 through 5224 (even only) and 490~ Gaylene Avenue from an R-2 (Limited Multiple Family Dwelling) Zone, R-2-D (Limited Multiple Family D~elling-Design O~erlay) Zone and an MI{ (Mobilehome) Zone to an R-1 (One Family Dwelling) Zone and from an R-2-D (Limited Multiple Family Dwelling) Zone to an MI{ (Mobilehome) Zone. On July 5, 1990, the Planning Commission recommended approval of this project. The project is a zone change that will correct a mapping error on the adopted zoning maps. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties located on the east side of Patton Way approximately 1100 feet south of Hageman Road from an R-~ (One Family Dwelling) Zone to a P (Parking) Zone. On July 5, 1990, the Planning Commission conducted a public hearing and recommended approval of the proposed zone change and Negative Declaration. Adoption of Resolution No. 118-90 of the Council of the City of Bakersfield specifying that, unless excluded by Council, all portions of the proposed Calloway No. 3 Annexation shall, upon annexation to the City of Bakersfield, be included within the Greater Bakersfield Separation of Grade District and setting hearing for objections thereto. (Ward 4) This Resolution initiates proceedings to include Calloway No. 3 within the Greater Bakersfield Separation of Grade District and sets Wednesday, October 3, 1990, as the date for protest hearing on the matter. Upon a motion by Councilmember Brunni, Resolution No. 118-90 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 145 Bakersfield, California, August 22, 1990 - Page 14 Adoption of Resolution No. 119-90 of the Council of the City of Bakersfield authorizing closure of "G" Street between California Avenue and 14th Street to vehicular traffic between 7:30 A.M. and 3:30 P.M. when school is in session. Upon a motion by Councilmember DeMond, Mr. Bill Bruce, Principal at Bakersfield High School, responded to questions by the Council. Lieutenant Mahan, Bakersfield Police Department, responded to questions by the Council. Chief of Police Patterson spoke regarding the Resolution. Upon a motion by Councilmember DeMond, Resolution No. 119-90 of the Council of the City of Bakersfield was adopted, with the amendment that the closure of the street be phased, beginning August 27, 1990, by closing the street for the full lunch periods until November 1, 1990, at which time go to a full closure from 7:30 a.m. to 3:00 p.m., by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio Councilmember Edwards None None Peterson, Adoption of Resolution No. 120-90 of the Council of the City of Bakersfield declaring Dr. Martin Luther King, Jr., Day a City holiday. Upon a motion by Councilmember Edwards, Resolution No. 120-90 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 Councilmember Salvaggio stated he is pleased to be a part of the decision of the Council to declare Dr. Martin Luther King Jr., Day, a City holiday. Approval of Agree~ment No. 90-212, A~endment to Agreement No. 89-247 with Pacificorp Capital, Inc. , for fiuancing a City telephone system and related equipment. Upon a motion by Councilmember Peterson, Agreement No. 90-212 with Pacificorp Capital, Inc., was approved, the Mayor authorized to execute the Agreement, and the Finance Director authorized to execute the documents related thereto, by the following roll call vote: Ayes: Councilmembers Edwards, De Mond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 146 Bakersfield, California, August 22, 1990 - Page 15 Transfer appropriations for the settlement of property acquisition for the Convention Center Hotel Project. Upon a motion by Councilmember DeMond, authorization was given for the transfer of $100,000 of appropriations from the Redevelopment Operating Budget to the Redevelopment Capital Improvement Budget to cover the settlement of a previously approved acquisition (Rudnick Property) related to the Convention Center Hotel Project, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Convention Center temporary help compliance with California State Department of Employment Development. Upon a promoter revenue Operating Budget call vote: motion by Councilmember DeMond, $77,000 was appropriated to the Convention Center within the General Fund by the following roll Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio COUNCIL STATEMENTS Upon a motion by Councilmember Smith, the matter of water service in the northeast was referred to the Urban Development Committee. Upon a motion by Councilmember Edwards, the review of the fee structure for the Convention Center and the Martin Luther King Center was referred to the Convention Center Committee. Councilmember Peterson stated he is very concerned about the ambulance rates. The City has protected the citizens by providing safety, both in fire and police, at the cheapest possible rate and the City has been on guard about the rates that have been charged by ambulance companies. There is a discrepancy by the companies that charge in the County versus the City. There is a public hearing August 23, 1990, at 7:00 p.m., at Beale Memorial Library, and he asked the City Fire Chief to attend the meeting and state the City's interests at the public hearing. Councilmember McDermott asked the City Council to look at propositions on the ballot for November. They could have some very serious impacts on the City. The first are the two propositions, Big Green and the Careful Initiative that could effect the use of water. Upon a motion by Councilmember McDermott, these matters were referred to the Water Resources Committee. 147 Bakersfield, California, August 22, 1990 - Page 16 Upon a motion by Council McDermott, the Forestry Initiatives, Nos. 130 and 138, were referred to the Water Resources Committee. Councilmember Brunni thanked Police Chief Patterson and the Police Department for allowing her to ride with two sergeants of the Bakersfield Police Department for approximately seven hours. Upon a motion by Councilmember Brunni, the matter of budgeting for a person to be placed in the Planning Department who would specifically take on the project of ordinances, standards and procedures necessary to implement the 2010 Plan was referred to the Budget and Finance Committee. Councilmember Brunni asked staff to exterminate bugs in the Council Chambers. Councilmember Salvaggio requested from the Public Works Department a time schedule for the installation of the traffic signal at Fairview Road and South "H" Street. *See be] 0w. Upon a motion by Councilmember Salvaggio, communication received from Norman H. Riley dated July 25, 1990, requesting that certain retirees be recognized as City of Bakersfield retired employees was referred to staff for a response. Councilmember Salvaggio stated he hopes the City Attorney's Office is standing by with some form of a plan of action regarding the ambulance rate issue. Councilmember Salvaggio stated that the recent team building session that the Council and the City Manager had at Stallion Springs was very beneficial. Councilmember Salvaggio spoke regarding the Congestion Management Program as mandated by Proposition 111, the Gas Tax Measure recently passed by the voters of the State. Councilmember Peterson re-emphasized the importance to the City Legal Department of looking at the Legal Opinion formed by the County Counsel over the Emergency Medical Services (EMS) authority. Councilmember Peterson stated the Kern Water Bank Land Use Committee is holding a meeting August 23, 1990, at 6:30 p.m. and asked if a Councilmember or a staff member could attend that meeting. Councilmember DeMond stated there are a lot of delicate issues between the City and the County, and staff needs to look at how these issues are going to be approached. *Councilmember Salvaggio requested that staff advise Council when approval is received from the State to advertise for bids on the extension of the Kern River Bike Path from Cal State Bakersfield to Stockdale Highway Bridge. Bakersfield, California, August 22, 1990 - Page 17 /M~'OURNMEN'~ There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:30 p.m. Bakersfield, CA ATTEST: CITY CLERK and"Ex Offici~ Clerk of the Council of the City of Bakersfield, CA kdsc