HomeMy WebLinkAbout10/17/1990 MINUTES CCBakersfield, California, October 17, 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., October 17, 1990.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards (seated at 5:35), DeMond,
Smith, Peterson, McDermott (seated at
5:20), Salvaggio (seated at 5:35)
Councilmember Brunni
WORKSHOP
Handicapped Regulations.
Building Director Cal Bidwell spoke
regulations pertaining to handicapped access.
regarding the
Council,
ADJOURNSENT
There being no further business to come before the
Mayor Medders adjourned the Workshop at 5:37 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
Bakersfield, California, October 17, 1990
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 5:45 p.m., October 17, 1990.
Present-
Absent:
The meeting was called to order by Mayor Medders.
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Councilmember Brunni
Peterson,
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation.
Upon a motion by Councilmember DeMond, two items
which arose after the Agenda was prepared and upon which action
is necessary were added to Closed Session.
Closed Session pursuant to Government Code
Sections 54956.9(b) (]) and 54957 regarding
potential litigation and a personnel
matter.
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the case of Cavish rs. City
of Bakersfield.
Upon a motion by Councilmember DeMond, Council
adjourned to Closed Session at 5:45 p.m.
ADJOURNMENT
Upon a motion by Councilmember DeMond, the meeting
for Closed Session was recessed at 6:55 p.m., until the
completion of the Regular Meeting.
MAYOR of the City
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
kdsc
Bakersfield, California, October 17, 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., October 17, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Phillip Poteete, Board of
Trustees, First Assembly of God Church, and the Pledge of
Allegiance.
City Clerk williams called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Absent: Councilmember Brunni
Peterson,
City Clerk Williams advised she received requests to
add two items to the Consent Calendar, as follows:
Authorization for medical leave of
absence without pay beyond thirty (30)
calendar days. (M. Grady)
o. Dedication of Properties:
Grand Deed from Community
Construction, Inc., for a
park site located on the
west side of the extension
of Saddle Drive and
approximately 1,700 feet
south of White Lane.
Street Right of Way Deed
from Community Construction,
Inc., for the extension of
Saddle Drive.
Upon a motion by Councilmember Peterson, Mr. Jack
Balfanz, representing Community Construction, spoke and
requested that the Council add to the Agenda the matters of a
Grant Deed from Community Construction, Inc., for a park site
located on the west side of the extension of Saddle Drive and
approximately 1,700 feet south of white Lane; and a Street
Right of Way Deed from Community Construction, Inc., for the
extension of Saddle Drive.
Upon a motion by Councilmember DeMond, the following
two items which arose after the Agenda was prepared and upon
which action is necessary were added to the Consent Calendar:
Be
Authorization for medical leave of
absence without pay beyond thirty (30)
calendar days. (M. Grady)
o. Dedication of Properties:
Grand Deed from Community
Construction, Inc., for a
park site located on the
west side of the extension
of Saddle Drive and
approximately 1,700 feet
south of White Lane.
Bakersfield, California, October 17, 1990 - Page 2
Calendar:
The
a.
Street Right of Way Deed
from Community Construction,
Inc., for the extension of
Saddle Drive.
CONS~T CAI.,ENDAR
following items were listed on the
Approval of Warrant Nos. 2226 to 2612,
inclusive, in the amount of
$2,225,166.18 and Self-Insurance
Warrant Nos. 347 to 472, inclusive, in
the amount of $68,278.52.
Minutes of the Closed Session and
Regular Meeting of October 3, 1990,
for approval.
Communications:
Communication from Dennis C.
Bazant, Southern California
Edison Company, P. O.
Box 410, Long Beach, dated
September 20, 1990,
regarding Tentative Parcel
Map No. 9451. (RECEIVE AND
REFER TO PUBLIC WORKS
DEPARTMENT)
Communication from John and
Susan Blacksill,
1320 Santiago Court, dated
September 26, 1990,
requesting vacation of
abandoned easement on
property. (RECEIVE AND
REFER TO PUBLIC WORKS
DEPARTMENT)
Communication from Daniels
C. Logue, Development &
Construction, 4212 North
Freeway Boulevard, Suite 4,
Sacramento, dated
September 20, 1990,
regarding the comprehensive
rehabilitation of the
Tegeler Hotel. (RECEIVE AND
REFER TO ECONOMIC AND
COMMUNITY DEVELOPMENT
DEPARTMENT)
Consent
2!1
Bakersfield, California, October 17, 1990 - Page 3
Communication from Jeremy
Bash, West-Kern Corp.,
8383 Wilshire Boulevard,
Suite 770, Beverly Hills,
dated September 28, 1990,
requesting an amendment to
the Land Use Element of the
Bakersfield Metropolitan
Area General Plan for the
area located at the
northwest corner of the
intersection of State
Highway 178 and Miramonte
Drive. (RECEIVE AND REFER
TO PLANNING COMMISSION)
Communication from Patricia
L. Harbison, Sequoia
Engineering, Inc.,
1430 Truxtun Avenue,
Suite 720, dated
September 12, 1990,
requesting an amendment to
the Land Use Element of the
Bakersfield Metropolitan
Area General Plan for the
area located at the
southeast corner of Reina
Road and Jewetta Avenue.
(RECEIVE AND REFER TO
PLANNING COMMISSION )
Communication from Henry and
Albert Pinheiro, dated
September 24, 1990,
requesting annexation of
property generally located
at the northeast corner of
McKee Road and Highway 99.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from Frank and
Norma Frigitt, dated
September 24, 1990,
requesting annexation of
property generally located
at the southwest corner of
Hoskings Road and
Highway 99. (RECEIVE AND
REFER TO PLANNING
COMMISSION )
REMOVED FOR SEPARATE CONSIDERATION.
Communication from Golden
Empire Transit District
(GET), 1830 Golden State
Avenue, dated September 19,
1990, regarding sale of
space on bus stop shelters.
(RECEIVE AN[) REFER TO URBAN
DEVELOPMENT COMMITTEE)
Bakersfield, California, October 17, 1990 - Page 4
de
ee
10.
Communication from Monty H.
Hooper, Director, Department
of Weights and Measures/Fair
Housing, dated October 3,
1990, submitting the Draft
Fair Housing Division's 1990
Audit. (RECEIVE AND PLACE
ON FILE)
Street Right of Way Deed No. 3256 from
Panorama Highlands Development Company
for Samuel Street, Matthew Street and
Isaiah Street north of Panorama Drive
and approximately 2200 feet west of
Morning Drive.
Individual Grant Deed No. 3257 from
Elizabeth Bell Link and Cornelia Rich
(Red Ribbon Ranch).
Deed No. 3258, Full Reconveyance for
Home Improvement Loan for Helen Hunt.
Final Maps and Improvement Agreements:
Final Map and Improvement
Agreement Nos. 90-236 and
90-237 with Renfrow, Inc.,
for Tr act 50 68 - "B"
consisting of 68 lots on
16.22 acres located west of
Calloway Road and south of
Hageman Road.
e
Final Map and Improvement
Agreement No. 90-238 with
Oceanic California Property
Corporation for Tract 4902,
Unit B, consisting of 39
lots on 7.78 acres located
east of Gosford Road and
north of Panama Lane.
Final Map and Improvement
Agreement No. 90-239 with
Oceanic California Property
Corporation for Tract 4902,
Unit D, consisting of 78
lots on 16.8 acres located
east of Gosford Road and
north of Panama Lane.
Final Map and Improvement
Agreement Nos. 90-240 and
90-241 with Brimhall
Partners for Tract 5245,
Phase 1, consisting of 59
lots on 17.56 acres located
at the southwest corner of
Brimhall Road and Harvest
Creek Drive.
Bakersfield, California, October 17, 1990 - Page 5
Final Map and Improvement
Agreement Nos. 90-242 and
90-243 with Community
Construction for Tract 5174
consisting of 85 lots on
22.73 acres located south of
White Lane and east of
Mountain Vista Drive.
Notices of Completion and Acceptance
of Work for the following:
Rehabilitation of 6-inch
sewer lines in easement east
of Oleander Avenue and west
of "H" Street between 1st
and Bank Streets, Contract
No. 90-200, completed
September 27, 1990.
e
Cold surface recycling and
resurfacing portions of
Columbus Street, east
Brundage Lane, Mr. Vernon
Avenue, and construction of
roadway on east Brundage
Lane near Mt. Vernon Avenue,
Contract No. 90-173,
completed October 3, 1990.
Construction of bike path
access ramps at Coffee Road,
Oak Street and Elm Street,
C ont r a c t No. 9 0-1 4 I ,
completed October 3, 1990.
Traffic signal and median
modification on Stockdale
Highway and Rio Bravo Drive,
Contract No. 90-190,
completed October 4, 1990.
Construction of storm drain
on Brundage Lane, 500 feet
west of Quantico, Contract
No. 90-188, completed
October 8, 1990.
Construction of a 16" water
mainline on the east side of
Buena Vista Road near
Stockdale Highway, Contract
No. 9 0-1 52, completed
October 8, 1990.
Bakersfield, California, October 17, 1990 - Page 6
i. Approval of Plans and Specifications
for:
Rehabilitation of 6-inch
sewer lines in easements
bounded by Cedar, Drake,
Spruce, and Lawn Streets~
and between 1st and Verde
Streets east of Oleander
Avenue.
Extension of Marriott Drive
from the existing point of
termination to 800 feet
west.
Agreement No. 90-244 between
Riverlakes Ranch, Donald G.
Wattenbarger and the City of
Bakersfield regarding the Creekside
Drive sewer oversizing.
Attorney Retainer Agreement No. 90-245
with Robinson, Palmer and Stanton for
legal services in the case of Kinnard
vs. City of Bakersfield.
Agreement No. 90-246 with Bakersfield
Association for Retarded Citizens
(BARC) regarding "Carecycling."
Agreement No . 90-247 with
Catalina-Barber Corporation for
extension of domestic water main to
serve Tentative Parcel Map No. 9463
located at Brimhall and Coffee Roads.
n. REMOVED FOR SEPARATE CONSIDERATION.
o. Dedication of Properties:
Grant Deed No. 3259 from
Community Construction,
Inc., for a park site
located on the west side of
the extension of Saddle
Drive and approximately
1,700 feet south of White
Lane.
Street Right of Way Deed
No. 3260 from Community
Construction, Inc., for the
extension of Saddle Drive.
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i, j, k, 1, and m, with the removal of Items n
and c.8. for separate consideration, and with the addition of
Item o, were adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Brunni
Peterson,
215
Bakersfield, California, October 17, 1990 - Page 7
Co 8.
Communication from Golden Empire
Ambulance, 801 18th Street, dated
October 8, 1990, requesting a
rate review for ambulance
services. (RECEIVE AND REFER TO
BUDGET AND FINANCE COMMITTEE)
Upon a motion by Councilmember DeMond, Item c.8.,
communication from Golden Empire Ambulance, 801 18th Street,
dated October 8, 1990, requesting a rate review for ambulance
services, was received and referred to the Budget and Finance
Committee.
Authorization for medical leave of
absence without pay beyond thirty (30)
calendar days. (M. Grady)
Upon a motion by Councilmember Peterson, a ninety-day
medical leave of absence without pay, subject to approval by
the City Manager, was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Salvaggio
Councilmember McDermott
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Peterson,
NEN BUSINESS
Upon a motion by Councilmember Salvaggio, the
following New Business Item was moved forward to be heard at
this time.
Adoption of Resolution No. 139-90 of the
Council of the City of Bakersfield naming
the neighborhood park south of Pacheco Road
at Monitor Street and Kyner Avenue "Walter
Stiern Park."
Councilmember Salvaggio spoke at length regarding the
late Senator Walter Stiern and his 28-year career with the
California State Senate. Councilmember Salvaggio recognized
Senator Stiern's wife, June, and read into the record
Resolution No. 139-90 of the Council of the City of
Bakersfield, as follows:
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD NAMING THE NEIGHBORHOOD PARK
SOUTH OF PACHECO ROAD AT MONITOR STREET AND
KYNw/{ AVENUE "WALTER STIERN PARK."
WHEREAS, a neighborhood park south of
Pacheco Road at Monitor Street and Kyner
Avenue has recently been constructed; and
WWRREAS, the Council wishes to adopt a name
for the park; and
Bakersfield, California, October 17, 1990 Page 8
WHEREAS, WALTER STIERN served this
community as a State Senator for the
16th District for 28 distinguished years,
longer than any other legislator in Kern
County history, and as a respected
community veterinarian for several years
before that; and
WHEREAS, WALTER STIERN was known for his
independence and non-partisan approach to
serving the citizens of his Senate district
with unchallenged honesty, integrity and
courage; and
WHEREAS, WALTER STIERN was a staunch
supporter of providing the disadvantaged
with educational and employment
opportunities and was actively involved in
expanding government protections for
minorities and women; and
W~F~AS, WALTER STIERN served for a number
of years as the Chairman of the Senate
Budget Subcommittee on Higher Education and
was affectionately known as the "Dean of
the Senate"; and
WHEREAS, WALTER STIERN was the central
figure in bringing a California state
college campus to Bakersfield and authored
almost every piece of major legislation
affecting community colleges; and
WHEREAS, WALTER STIERN was a champion of
public education, including free textbooks,
kindergartens and preschools; and
WHEREAS, WALTER STIERN, as part of his
commitment to the youth of his district,
would host a Senate visit by the children
of Maple School each year; and
WHEREAS, WALTER STIERN was a great
statesman and outstanding legislative
representative, very responsive to his
constituents and a genuine "people person";
and
WHEREAS, WALTER STIERN was a most loving
husband, father and grandfather; and
WHEREAS, WALTER STIERN was the epitome of
the caring public servant dedicated to his
constituents, young and old; and
WHEREAS, the legacy left by WALTER STIERN
will long be remembered in the hearts and
minds of the Bakersfield community; and
WHEREAS, the City Council wishes to honor
the contributions of the former State
Senator by naming this park after him.
Bakersfield, California, October 17, 1990 - Page 9
NOW, THEREFORE, BE IT RESOLVED by the
Council of the City of Bakersfield as
follows:
The recently completed park south of
Pacheco Road at Monitor Street and Kyner
Avenue shall be named "Wi%LT~ STIERN PARK."
Upon a motion by Councilmember Salvaggio, Resolution
No. 139-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
(NEW BUSINESS IS CONTINUED ON PAGE 21)
PUBLIC STATEMENTS
Mr. Dominic Colletta, Attorney with Borton, Petrini &
Conton, 1600 Truxtun Avenue, representing Pick Your Part, Inc.,
spoke in support of the business license for Pick Your Part,
Inc.
Mr. Howard Silver, 2115 South Union Avenue, spoke in
opposition to the business license for Pick Your Part, Inc.
Mr. Kevin Cornelius, 1800 Chastain Way, asked the
following question: "Why can't the City Council pass an
Ordinance that allows an appeal to the City Council from a
determination by the planning agency, or by the City Manager,
that a business permit should be allowed when the issue is
whether a non-conforming use has been discontinued for more
than a year?"
Mr. Greg Tinsley, 2100 Gambel Oak Way, spoke in
support of the business license for Pick Your Part, Inc.
Mr. David Goldberg, Attorney, 3300 Truxtun Avenue,
representing the Airpark Business Association, spoke in
opposition to the business license for Pick Your Part, Inc.
Mr. Bill Lewis, 1504 Ivan Avenue,
business license for Pick Your Part, Inc.,
the Casa Loma Specific Plan.
spoke regarding the
and in support of
Reverend Ralph Anthony, 3201
following letter into the record
Development Block Grant Funds:
Timothy Street, read the
regarding Community
Twenty-eight days ago several citizens
representing the concerns of the Southeast
community came before you to request that
unspent CDBG funds not be reprogrammed, but
be used for desperately needed housing and
economic development projects in Ward One.
You acknowledged that concern by delaying
the vote on the reprogramming to allow
applications to be submitted.
Bakersfield, California, October 17, 1990 - Page 10
President
22, spoke
On October 11, 1990, four of the
organizations went before the Budget and
Finance Committee to discuss the
applications they submitted. Although City
staff identified all of projects as
eligible (development of 49 housing units,
rehabilitation of a community center and
creating additional parking for a church
operating social service programs); none of
the applications were recommended for
funding by staff from the available funds.
In fact, we were told by the Committee
Chair that the City was no longer funding
pre-development applications, in spite of
being told by City staff while preparing
the applications that the projects were
eligible, and the fact that the Committee
was recommending approval of
pre-development funds at the September 19,
1990, Council meeting.
In summary, there is a crisis of confidence
as to the motives and intent of the staff
and some of our elected officials of this
City in addressing the needs of the
citizens for decent housing, jobs, social
services and economic development in
Ward One. As concerned citizens, we are
determined to pursue all administrative and
legal remedies to address the issue of the
reprogramming of the funds as well as the
accountability of the City in the
expenditure of federal and state funds for
eliminating blight and poverty. We are
determined to have meaningful participation
as provided by CDBG program regulations in
where, how and for whom these funds are
spent.
We are continuing to pursue the
implementation of the projects and overall
improvement of the Southeast community
using all resources available to our
community, including those that should be
available from federal, state and local
sources, both public and private. We
request that the Council use the funds
proposed for reprogramming for Ward One
projects and fund the staff's proposed
projects with 1990-91 CDBG funds. If you
choose to adopt the Committee ' s
recommendation, we will not accept your yes
vote as a defeat, but as an inspiration to
continue our pursuits with renewed energy,
strength and purpose.
Mr. Archie Barefield, Jr., 2901 Marlene Place,
of a non-profit organization located in Census Tract
regarding Community Development Block Grant Funds.
219
Bakersfield, California, October 17, 1990 Page 11
Mr. Marvin Dean, P. O. Box 2506, read the following
letter into the record regarding Community Development Block
Grant Funds:
This is in response to a letter dated
November 21, 1989, regarding correspondence
to me from City staff that was included in
the CDBG Annual Grantee Performance Report
submitted to HUD; and efforts to reprogram
CDBG funds approved for the Southeast
Bakersfield area.
I am requesting that HUD not approve the
reprogramming of funds and that additional
CDBG funds be frozen until a full and
complete investigation can be conducted and
the following issues resolved:
1. Discrimination in the impact and
expenditure of CDBG funds.
Political influence in the
allocation and award process of
CDBG funds.
Inconsistent and conflicting
procedures at the local level in
the award of CDBG funds to
developers.
Neglect of program priorities in
the allocation of CDBG funds in
the area of the community with
the greatest need for the
intended requested use.
Interference with economic
development opportunities by past
and present City officials to
undermine my housing and
commercial development projects
located in southeast Bakersfield:
Lakeview Inn, Lakeview Motel,
Dino's Deli, and the Lakeview
Community Village Apartment
Project.
In addition, I have filed a claim (it will
be served on the City Clerk tomorrow) for
damages incurred by me against the City. I
am requesting that the full Council receive
my complaint and authorize the City
Attorney to meet with me and my
representative to discuss entering into
binding arbitration to resolve the damages
claim issue. My offer to enter arbitration
is for thirty days from today's date. If
efforts to resolve the issue through
arbitration are not agreed to, I will be
forced to file a lawsuit to resolve the
outstanding issues. I would hope that this
can be avoided. I await your response.
220
Bakersfield, California, October 17, 1990 Page 12
City Manager Dale Hawley read into the record a memo
regarding Pick Your Part, 2120 South Union Avenue, as follows:
As directed by the City Council, I have
reviewed the application and other material
on the proposed junk yard/dismantling
operation at 2120 South Union Avenue, and
comment as follows:
The property is eight acres in size and
zoned light industrial. The primary
purpose of this business will be to provide
to the general public automobiles from
which parts may be removed by hand or with
hand tools. The final disassembly will be
performed by technicians. At such time,
the engine block, radiator, etc., will be
removed and sold to a recycler as will the
remaining automobile shell after it has
been flattened.
The Casa Loma Specific Plan does not allow
a junk yard/dismantling operation at this
location. However, if the property was
being used as a junk yard at the time the
Casa Loma Specific Plan was approved, it
may continue as a legal non-conforming use,
unless there was a period of one year or
longer that the property was not being used
for the storage of junk.
During the last two weeks, I have received
conflicting information regarding the use
of the property between July 1 955 and
October 1989. The property owner, real
estate agent and workers have signed a
statement that junk, salvage, auto and
truck parts, and various pieces of
equipment, were being stored inside the
building and also in the six-acre fenced-in
area. I have received signed statements
from others that the property was bare
during this same period. I also have been
given an aerial photograph that a neighbor
claims was taken on or about July 6, 1988,
that shows the property cleaned. Records
of the State Board of Equalization and the
City Licensing Section show that Jacobson
Bros. Truck Parts, Inc. , had ceased
operation by December 31, 1987. However,
the owner contends that the property still
had an inventory that was disposed of
during 1988 and 1989.
I have no way of knowing which of this
conflicting information is correct. Also,
since most of the property is surrounded by
an eight-foot solid fence, staff has no
first-hand knowledge of how the property
was being used during the period in
question. Therefore, I do not propose to
withdraw the license at this time.
221
Bakersfield, California, October 17, 1990 Page 13
Councilmember DeMond stated that no matter what
happens on this issue in the future, she will not be taking a
position because there is a conflict. Whether it is an issue
that is discussed in Closed Session, whether it ever comes down
to a litigated experience situation, she will not be involved
in a vote.
HEARINGS
This is the time set for a public hearing
regarding a Negative Declaration for the
proposed relocation of a portion of
Calloway Canal within T29S., R27E.,
Sections 17 and 18. (Polo Grounds).
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 Peterson, the Negative
Declaration was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
This is the time set for public hearing
regarding a Negative Declaration for
construction of the Jewetta Trunk Sewer
Line. (Polo Grounds)
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 Peterson, the Negative
Declaration was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Peterson,
Bakersfield, California, October 17, 1990 Page 14
This is the time set for public hearing to
consider an Ordinance of the Council of the
City of Bakersfield adding Section 15.82 to
Title 15 of the Bakersfield Municipal Code
relative to a fee for park development and
improvement.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
Ms. Barbara Don Carlos,
Industry Association of Kern County,
opposition to the Ordinance.
representing the Building
2114 "F" Street, spoke in
Ms. Mary Hoggatt, representing the Board of Realtors,
5501 Stockdale Highway, spoke in opposition to the Ordinance.
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.
Councilmember McDermott suggested that the Ordinance
be amended to set the fees annually and have the Public Works
Director review annually.
Councilmember
Hardisty provide to the
cities with park fees.
Salvaggio requested Planning Director
Council a comparison of California
Councilmember McDermott made a motion to adopt the
fees and set them at 80% of the levels recommended by staff.
Councilmember McDermott made a motion to make
findings and adopt the Negative Declaration. The motion was
approved by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
First Reading of an Ordinance of the
Council of the City of Bakersfield adding
Sect ion 1 5.82 to Title 1 5 of the
Bakersfield Municipal Code relative to a
fee for park development and improvement.
Adoption of Resolution No. 140-90 of the
Council of the City of Bakersfield
approving and adopting fee for the
development and improvement of parks within
the City of Bakersfield.
Bakersfield, California, October 17, 1990 - Page 15
Councilmember McDermott made a motion to make
findings and adopt a Resolution of the Council of the City of
Bakersfield approving and adopting fee for development and
improvement of parks within the City of Bakersfield, with the
amendment to change the figures to 80 percent of the calculated
numbers. The motion failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmember McDermott
Councilmembers Peterson,
Salvaggio
None
Councilmember Brunni
Edwards, DeMond, Smith,
Councilmember DeMond made a motion to make findings
and adopt a Resolution of the Council of the City of
Bakersfield approving and adopting fee for development and
improvement of parks within the City of Bakersfield. The
motion was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
Councilmembers Peterson,
None
Councilmember Brunni
DeMond, Smith, Salvaggio
McDermott
This is the time set for a public hearing
to consider an appeal by Charles and Leora
Adams to the Planning Director's decision
of a garage conversion located at
3304 Pomona Street.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Correspondence has been received from Mrs. John Koeh,
John Farrer, 1713 Duke Drive; Lily R. Itokazu, 3304 Pomona
Street; Richard & Joan Dobbs, 3305 Pomona Street; in support of
the appeal.
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 Smith, the appeal by
Charles and Leora Adams was upheld by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmembers Brunni
Peterson,
Upon a motion by Councilmember Peterson, the meeting
recessed at 9:01 and reconvened at 9:06.
Bakersfield, California, October 17, 1990 - Page 16
REPORTS
Councilmember Edwards, Chairperson of
Committee, read Report No. 9-90 regarding
Specifications as follows:
the Personnel
Revised Job
The Personnel Committee approved the
following:
Revised Job Specifications
1. Supervisor II - #712
2. utility Worker #348
3. Personnel Clerk-Recruitment - #644
The Personnel Clerk-Recruitment job
specification was approved contingent upon
the approval of the Miscellaneous Civil
Service Board at its meeting on October 16,
1990.
The Personnel Committee requests acceptance
of the report and adoption of the Salary
Resolution.
Upon a motion by Councilmember Edwards, Personnel
Committee Report No. 9-90 was accepted.
Adoption of Resolution No. 141-90 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 (Personnel
Clerk-Recruitment).
Upon a motion by Councilmember Edwards, Resolution
No. 141-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Councilmember McDermott, Chairperson of the Budget
and Finance Committee, read Report No. 15-90 regarding
Amendment #1 to the Community Development Block Grant (CDBG)
Application for Fiscal Year 1990-91 as follows:
On September 17, 1990, the Budget and
Finance Committee met to review
Amendment #1 to Fiscal Year 1990-91
Community Development Block Grant (CDBG)
Application.
Approximately $564,168 of previously funded
program funds ($522,868), and program
savings ($41,300) from FY 1988-89 have been
identified for reprogramming for CDBG
eligible projects.
Bakersfield, California, October 17, 1990 - Page 17
At the September 19, 1990, City Council
meeting, it was recommended that this issue
be delayed to allow for additional
proposals to be reviewed for additional
program funds.
On October 11, 1990, the Budget and Finance
Committee met with various organizations to
review their requests for CDBG funds.
Approximately $900,000 in requests were
made by various applicants.
The Committee recommended that the
following project funds be reprogrammed:
Westminster Ceramics, Inc., Site
Work Project - $59,000.
Haven Counseling Center Project
at 728 Chester Avenue - $73,000.
Graffiti Removal Program-
$40,000.
Metropolitan Bakersfield
Employment and Economic Incentive
Area Program - $30,000.
Neighborhood Revitalization Loans
for Special Economic Development
Activities $220,868.
Enterprise Zone Infrastructure
Improvements Phase I $100,000.
It is further recommended that these funds
be designated for the following projects:
Baker Street Library Restoration
Improvements Phase I I-
$100,000.
First Time Home Buyers Loan
Assistance Program - $100,000.
Tegeler Hotel Housing Project-
$224,768.
Fire Station #2 Storage
Building Rehabilitation-
$40,000.
Community
Counseling
$100,000.
Alcohol and Drug
Center Project-
Bakersfield, California, October 17, 1990 - Page 18
The Committee recommends that staff work
with the applicants for the proposal to
expand the child care facility identified
at the September 17, 1990, Budget and
Finance Committee meeting using
approximately $84,360 of CDBG funds. This
proposal must meet all HUD requirements to
be considered for reprogramming of Fiscal
Year 1990-91 CDBG funds and final
application must be submitted to City staff
by November 14, 1990.
In addition, the Committee recommends that
those projects submitted, but not funded
with reprogrammed funds, resubmit their
application for consideration for FY 91-92
CDBG program. The Committee requests that
staff notify those who submitted proposals
of the November 14, 1990, deadline for
FY 91-92 funding cycle and assist them,
where possible, in the preparation of their
request.
The Committee therefore recommends that the
Council approve this report and authorize
staff to resubmit an amended FY 1990-91
CDBG Application for review and approval at
the next City Council meeting.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 15-90 was accepted.
Councilmember Salvaggio requested that the Executive
Summary to Dale Hawley from George Gonzales dated October 15,
1990, be made available to the news media file.
Upon a motion by Councilmember McDermott, the
recommendations of Budget and Finance Committee Report
No. 15-90 were implemented, by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Peterson,
Councilmembers Edwards, Salvaggio
None
Councilmember Brunni
McDermott
Councilmember Peterson read Budget and Finance
Committee Report No. 16-90 regarding Request for Assignment and
Modification of Lease for the Bakersfield Courthouse
Racquetball Facility as follows:
The City Council at its October 3, 1990,
meeting requested that the Budget and
Finance Committee review a request from
Tim Gannon that the City approve the
assignment and modification of the lease
for the Bakersfield Courthouse Racquetball
Facility.
227
Bakersfield, California, October 17, 1990 - Page 19
Provisions of the lease require that any
approval or denial of the assignment be
acted on by the City Council at its next
regular meeting following the request. The
request has been reviewed by the Committee
and by staff who have met with the proposed
assignees, Easton and Moran Physical
Therapists.
Based upon this review and the substantial
changes to the lease which have been
requested, the Committee recommends that
this request for assignment be denied.
However, we would encourage staff to
continue working with Mr. Gannon and Easton
and Moran Physical Therapists to determine
if terms for a future assignment and
modification of the lease to Easton and
Moran are feasible. We further request
that the City Manager inform Mr. Gannon of
this action in writing as soon as possible.
We request that the Council accept this
report and implement its recommendations.
Upon a motion by Councilmember Peterson, Budget and
Finance Committee Report No. 16-90 was accepted.
Upon a motion by Councilmember Peterson, the
recommendations of Budget and Finance Committee Report
No. 16-90 were implemented.
ACTION ON BIDS
Approval of Contract No. 90-248 with Paxin
Electric, Inc. , for Traffic Signal
Modification on Beale Avenue at Monterey
and Miles Streets.
Upon a motion by Councilmember DeMond, the low bid
from Paxin Electric, Inc., in the amount of $61,349.00 was
accepted, all other bids rejected, and the Mayor authorized to
execute the Contract.
Approval of Annual Contract No. 90-249 with
Boise Cascade Office Products for office
supplies.
Upon a motion by Councilmember Peterson, the low bid
from Boise Cascade Office Products in the amount of $24,738.49
was accepted, the other bid rejected, and the Mayor authorized
to execute the Contract.
Bakersfield, California, October 17, 1990 - Page 20
Approval of Contract No. 90-250 with
Halopoff & Sons, Inc., for the Construction
of Bike Path Extension along the Kern River
from Cal State University Bakersfield to
Stockdale Highway.
Councilmember Salvaggio, on behalf of
Councilmember Brunni, stated he is pleased to make the motion
to accept the low bid from Halopoff & Sons, Inc., in the amount
of $110,772.80, reject all other bids, and authorize the Mayor
to execute the Contract, and indicated that he is very pleased
to see that staff has gotten the State on board and the City
can finish this long-awaited project. He thinks it is a real
important quality of life issue for the City, and maybe the
City can go eastward now from Manor Street to Hart Park with
the bike path.
Annual Contract for Curbs, Gutters and
Sidewalks.
Upon a motion by Councilmember Edwards, all bids were
rejected.
DEFERRED BUSINESS
Adoption of Ordinance No. 3324 of the
Council of the City of Bakersfield amending
Subsection B. of Section 17.18.020 and
adding Subsection C. to Section 17.18.025
of the Bakersfield Municipal Code relating
to Residential Care Facilities in R-4
(Multiple Family Dwelling) Zone.
This Ordinance was given first reading at the meeting
of October 3, 1990.
Upon a motion by Councilmember Salvaggio, Ordinance
No. 3324 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Upon a motion by Councilmember Peterson, the
following item which arose after the Agenda was prepared and
upon which action is necessary was approved.
Adoption of Ordinance No. 3325 of the
Council of the City of Bakersfield amending
Map No. 123-]8 of Title Seventeen of the
Bakersfield Municipal Code by changing the
Land Use Zoning of that certain property in
the City of Bakersfield located
approximately 500 feet south of White Lane
on the east side of Mountain Vista Drive to
the Buena Vista Canal, north of the
westerly extension of Campus Park Drive
from an A (Agriculture) Zone to an R-] (One
Family Dwelling) Zone.
This Ordinance was given first reading at the meeting
of September 5, 1990.
229
Bakersfield, California, October 17, 1990 - Page 21
Upon a motion by Councilmember Peterson, Ordinance
No. 3325 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Peterson,
NEW BUSINESS (Continued)
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Chapter 1.16 of the Bakersfield Municipal
Code relating to Elections.
The proposed Ordinance was reviewed and approved by
the Legislative and Litigation Committee on October 2, 1990.
The Ordinance brings the Bakersfield Municipal Code into
compliance with Section 74 of the City Charter as approved by
the electorate in November 1988. Because the Charter takes
precedence over the Municipal Code provisions, this is
essentially a housekeeping issue.
Due to a real or imaginary conflict of interest,
Councilmember Edwards stated he would not participate in the
discussion of the following matter.
Adoption of Resolution of Intention
No. 1075 of the Council of the City of
Bakersfield declaring its intention to
order the vacation of the easterly portion
of 5th Street in Lowell Park Tract
(Block E) in the City of Bakersfield.
This Resolution sets the public hearing for the
Council meeting of November 28, 1990.
Upon a motion by Councilmember Peterson, Resolution
of Intention No. 1075 of the Council of the City of Bakersfield
was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith,
Salvaggio
None
None
Councilmembers Brunni, Edwards
Peterson,
McDermott,
Adoption of Resolution No. 142-90 of the
Council of the City of Bakersfield
appointing Engineer of Work and authorizing
Agreement No. 90-251 for Assessment
Engineering Services for Assessment
District No. 90-2 - Paladino Water Main.
Upon a motion by Councilmember Smith, Resolution
No. 142-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Brunni
Peterson,
Bakersfield, California, October 17, 1990 - Page 22
Adoption of Resolution No. 143-90 of the
Council of the City of Bakersfield
approving Agreement No. 90-252 and
appointing Bond Counsel for Assessment
District No. 90-2 - Paladino Water Main.
Upon
No. 143-90 of
adopted by the
a motion by Councilmember Smith, Resolution
the Council of the City of Bakersfield was
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
McDermott,
None
None
Councilmember Brunni
DeMond, Smith,
Salvaggio
Peterson,
Adoption of Resolution No. 144-90 of the
Council of the City of Bakersfield
concerning certain Certificates of
Participation ($5,500,000) on behalf of
United Community and Housing Development
Corporation to finance a certain licensed
residential care facility for the elderly
and authorizing the distribution of a
preliminary official statement in
connection therewith.
Upon a motion by Councilmember McDermott, Resolution
No. 144-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Noes:
Abstain:
Absent:
Approval of Consultant' s Agreement
No. 90-253 with Dennis E. Hummel for
administration, inspection, and
coordination of the construction phase of
the replacement of Gordon's Ferry Bridge.
Upon a motion by Councilmember DeMond, Agreement
No. 90-253 with Dennis E. Hummel was approved and the Mayor
authorized to execute the Agreement.
Agreement No. 90-254, Amendment to
Agreement No. 88-2 with Bank of America NT
& SA for banking services.
Upon a motion by Councilmember Peterson, Agreement
No. 90-254 with Bank of America NT & SA was approved and the
Mayor authorized to execute the Agreement.
Approval of Agreement No. 90-255 with Sutro
& Co. for underwriting services (Assessment
District 90-1, Jewetta Trunk Sewer).
Upon a motion by Councilmember Peterson, Agreement
No. 90-255 with Sutro & Co. was approved and the Mayor
authorized to execute the Agreement.
231
Bakersfield, California, October 17, 1990 - Page 23
Approval of Agreement No. 90-256, Amendment
No. 3 to Memorandum of Understanding (City
Agreement No o 88-267, County of Kern
Agreement No. 555-88) to implement the Fair
Housing Program.
Upon a motion by Councilmember Salvaggio,
No. 90-256 with the County of Kern was approved and
authorized to execute the Agreement.
Agreement
the Mayor
Appropriation of funds to the Public Works
Capital Improvement Budget for Assessment
District No. 90-1 (Polo Grounds).
Upon a motion by Councilmember Peterson,
authorization was given for the appropriation of $40,000 from
developer funds to the Public Works Capital Improvement Budget
within Assessment District No. 90-1, by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
None
None
Councilmember Brunni
Peterson,
Adoption of Negative Declaration for the
Arthritis Association of Kern County
Adaptive Aquatic Center.
Negative
vote:
Upon a motion by Councilmember McDermott, the
Declaration was adopted by the following roll call
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards,
McDermott,
None
None
Councilmember Brunni
DeMond, Smith,
Salvaggio
Peterson,
COUNCIL STATEMENTS
Councilmember Edwards spoke regarding communication
from the League of California Cities requesting action by every
Council and Mayor to oppose the fees the counties are imposing
on the cities, and he asked if any of the requested actions had
taken place.
Upon a motion by Councilmember Edwards, the following
item which arose after the Agenda was prepared and upon which
action is necessary was added to the Agenda at this time.
Bakersfield, California, October 17, 1990 Page 24
Adoption of Resolution No. 145-90 of the
Council of the City of Bakersfield
supporting the repeal of Senate Bill 2557
and the protection of cities from the State
Budget Process and alternatives that will
provide adequate long-term funding for
cities and counties.
Upon a motion by Councilmember Edwards, Resolution
No. 145-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Brunni
Peterson,
In response to Councilmember Edwards, City Manager
Hawley proposed staff send copies of the Resolution to the
legislators with a cover letter from the Mayor.
Councilmember Edwards spoke regarding the workshop with
the Central District Development Agency currently scheduled for
November 7, 1990, stating that more than 15 minutes is needed
with the Agency Members, and asked staff to set in motion an
opportunity to have an extended workshop with the CDDA.
City Manager Hawley responded that the scheduled
Central District Development Agency Workshop could be canceled
and an extended Workshop within the next couple of months could
be set up.
Councilmember Edwards asked staff about the status of
the comprehensive Park and Recreation Plan and when it is
anticipated to come back to the Council for consideration.
could be
weeks.
City Manager Hawley responded that a status report
given to the Council in approximately a couple of
Councilmember DeMond commended the actions of Sutter
County for not imposing new jail booking fees in their county.
Upon a motion by Councilmember Peterson, the Council
recessed the Regular Meeting to reconvene the Closed Session at
9:40 p.m., for the purpose of litigation as per Government Code
Section 54956.9(c) regarding potential litigation, and
Government Code Section 54956.9(a) regarding pending litigation
in the case of Cavish vs. City of Bakersfield.
The Regular Meeting was reconvened at 10:39 p.m.
Bakersfield, California, October 17, 1990 - Page 25
ADJOURNMENT
There being no further business to come
Council, upon a motion by Councilmember Peterson,
was adjourned at 10:40 p.m.
before the
the meeting
MAy R 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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