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HomeMy WebLinkAbout11/28/1990 MINUTES CCBakersfield, California, November 28, 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., November 28, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 5:20), Peterson, Salvaggio (seated at 5:20) Absent: Councilmember McDermott WORKSHOP Proposed Metropolitan Park District Plan. Mr. Lee Andersen, Assistant Convention Center Manager, explained the issues regarding the Proposed Metropolitan Park District Plan. Mr. Jim Ledoux, Recreation Superintendent, discussed the plans for the Recreation Program. Process for Commercial Development. Mr. Pat Collins, Chairman of the Commercial Industrial Council of the Building Industry Association, presented an overview of the building process. Council, ADJOURNMENT There being no further business to come before the Mayor Medders adjourned the Workshop at 6:00 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLER and /x~O'fficio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, November 28, 1990 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:00 p.m., November 28, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio Absent: Councilmember McDermott CLOSED SESSION Closed Session pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator Bill Avery, regarding Blue and White Collar Unit Negotiations. Upon a motion by Councilmember Peterson, Council recessed to the City Manager's Conference Room for Closed Session at 6:00 p.m. meeting ADJOURNMENT Upon a motion by Councilmember Peterson, the for Closed Session was adjourned at 6:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: Council of the City of Bakersfield, CA ndw 2G1 Bakersfield, California, November 28, 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., November 28, 1990. The meeting was called to order by Mayor Medders, followed by the Invocation by Councilmember Peterson and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio Absent: Councilmember McDermott INTRODUCTION Mayor Medders introduced the student body presidents from nine area schools who will serve as Mayor, City Council and City Manager counterparts for this Council meeting, as follows: Kayole Bradford, North High, Mayor; Doug Gardner, Bakersfield High, Ward 1; Rachel Treick, Community Christian High, Ward 2 (absent); Ryan McClain, East Bakersfield High, Ward 3 (absent); John Beard, Foothill High, Ward 4; Randy Giumarra, Garces Memorial High, Ward 5; Michelle Lohr, Highland High, Ward 6; Starla Anthony, South High, Ward 7; and Jason Christy, West High, City Manager. Mayor Medders welcomed the students to the Council meeting and stated he was pleased they had the day with the City staff, wished them the very best for the future and thanked them for participating in the 36th consecutive "Teen Government Day". Calendar: CONSENT CALENDAR The following items were listed on the Consent Approval of Warrant Nos. 3337 to 4143 inclusive, in the amount of $3,071,389.29 and Self-Insurance Warrant Nos. 721 to 785, inclusive, in the amount of $29,561.35. Minutes of the Workshop, Closed Session and Regular Meeting of October 17, 1990; Closed Session and Regular Meeting of November 7, 1990; and Special Meetings of November 13 and 14, 1990, for approval. Communications: Communication from DeWalt Corporation, 2340 Niles Street, dated October 29, 1990, requesting vacation of a 54-foot wide strip of land lying east of and adjacent to the east right-of-way line of Mt. Vernon and north of Bernard Street. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Bakersfield, California, November 28, 1990 - Page 2 Communication from Bill J. Jackson, Auditor-Controller, 1415 Truxtun Avenue, dated October 30, 1990, submitting the Quarterly Report of Financial Activity for quarter ended 9-30-90. (RECEIVE AND PLACE ON FILE) Communication from Hall Ambulance Service Incorporated, 1001 21st Street, dated November 12, 1990, requesting Council initiate developmental procedures to ensure a timely annual review of Ambulance Service Charges. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) 4. REMOVED FOR SEPARATE CONSIDERATION. Dedication of Properties: Street Right-of-Way Deed No. 3270 from Panorama Highlands Development Company for a portion of Morning Drive north and south of Panorama Drive. Street Right-of-Way Deed No. 3271 from Panorama Highlands Development Company for additional right-of-way along Panorama Drive west of Morning Drive. Deed No. 3272, Grant of Easement from Panorama Highlands Development Company for landscaping easement along Panorama Drive and Morning Drive. Street Right-of-Way Deed No. 3273 from Ming Plaza, for additional right-of-way along Ming Avenue at Lymric Way. Street Right-of-Way Deed No. 3274 from Wal-Mart Stores, Inc., for additional right-of-way along White Lane and Hughes Lane at the northeast corner of White Lane and ~ughes Lane. Street Right-of-Way Deed No. 3275 from John Barber for additional street right-of-way at the southwest corner of Brundage Lane at Olive Street. 263 Bakersfield, California, November 28, 1990 - Page 3 Notices of Completion and Acceptance of Work for the following: Resurfacing of Wilson Road, Cherry Hills Drive, Pebble Beach Drive, Ming Avenue, East Truxtun Avenue, Pacheco Road, and Panama Lane at various locations, Contract No. 90-158 with Granite Construction Company, completed November 5, 1990. Traffic signal system on Fairview Road at South "H" Street, Contract No. 90-156 with Loop Electric, completed November 5, 1990. Painting of Oak Street Bridge existing steel and Truxtun Avenue Underpass girder protectors, Contract No. 90-153 with Parker Painting, completed November 13, 1990. Tract No. 5034, Phase V (Landscaping), located at Hageman Road and Rancho Laborde Drive, Agreement No. 90-56 with Dennis DeWalt, Inc., completed November 7, 1990. Tract No. 5109, located at the intersection of St. Gobain Street and Aboudara Court, Contract No. 90-26 with Oceanic Communities, Inc., completed November 2, 1990. Tract 5098, landscape improvements located north of White Lane at Parkview Drive, Contract No. 89-252 with Oceanic Communities, Inc., completed November 15, 1990. Flashing yellow beacon on Planz Road at Actis Street, Contract No. 90-168 with Safety Electric Corporation, completed November 16, 1990. Plans and Specifications for traffic signal modifications on Beale Avenue at Flower Street, 21st Street at "F" Street, Brundage Lane at "H" Street, and Planz Road at Stine Road. Resolution No. 153-90 of the Council of the City of Bakersfield accepting a portion of the Irrevocable Offer of Dedication for public right-of-way for Paladino Drive in the City of Bakersfield (approximately 2 miles east of Fairfax Road). 2S4 Bakersfield, California, November 28, 1990 - Page 4 Agreement No. 90-266 with Stockdale Christian School to provide the Drug Abuse Resistance Education (DARE) Program to one school from January 1991 through June 1991. Agreement No. 90-267 with the Fruitvale School District to provide the Drub Abuse Resistance Education (DARE) Program to two schools from January 1991 through June 1991. Agreement No. 90-268 with Heritage Academy School to provide the Drug Abuse Resistance Education (DARE) Program to one school from January 1991 through June 1991. Agreement No. 90-269 with Bakersfield Academy School to provide the Drug Abuse Resistance Education (DARE) Program to one school from January 1991 through June 1991. Agreement No. 90-270 with Our Lady of Perpetual Help School to provide the Drug Abuse Resistance Education (DARE) Program to one school from January 1991 through June 1991. Agreement No. 90-271 with the Panama School District to provide the Drug Abuse Resistance Education (DARE) Program to fourteen schools from January 1991 through January 1992. Agreement No. 90-272, Amendment to Agreement No. 81-2 with Brandon Communications, Inc. (dba Kern AM/FM Radio), to renew ground lease for transmission site. Appropriation of $13,000 from the Homeless Center donation trust account to the 1990-91 Community Development Capital Improvement Budget. Hazardous Substance Release and Indemnity Agreement No. 90-273 with the State of California. (Homeless Center) Agreement No. 90-274, Amendment No. to Agreement No. 89-110, Emergency Shelter Grants Program to increase Bethany Service Center's financial obligation to the construction of Bakersfield Homeless Center by $279,500. 1 265 Bakersfield, California, November 28, 1990 - Page 5 Agreement No. 90-275, Amendment No. 1 to City Agreement No. 89-235, County Agreement No. 532-89, to allow for additional time for completion of the Bakersfield Homeless Center, to change the description of the work to be done at the Homeless Center and to add a reference to a new Federal regulation. Agreement No. 90-276 with the State of California, Department of Transportation, for Sharing Cost of State Highway Electrical Facilities with the City of Bakersfield. t. REMOVED TO ACTION ON BIDS. u. REMOVED FOR SEPARATE CONSIDERATION. Upon a motion by Councilmember Brunni, Item c.4. of the Consent Calendar, Communication from Jim Bailey, dated November 5, 1990, requesting annexation of the property generally located at the southeast corner of White Lane and Buena Vista Road containing 12.17 acres, and Item u. of the Consent Calendar, Acceptance of Comprehensive Annual Financial Report and the Federally Required Single Audit Report for the 1989-90 Fiscal Year, were removed to be acted on separately immediately following the Consent Calendar. Upon a motion by Councilmember DeMond, Item t. of the Consent Calendar, Acquisition of five (5) undercover vehicles for the Bakersfield Police Department, using Asset Forfeiture Funds, was removed from the Consent Calendar to Action on Bids. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, and s of the Consent Calendar, with the correction to Item m and the removal of Items c.4., t, and u, were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: c.4. Communication from Jim Bailey, dated November 5, 1990, requesting annexation of the property generally located at the southeast corner of White Lane and Buena Vista Road containing 12.17 acres. Upon a motion by Councilmember Brunni, Item c.4., Communication from Jim Bailey, dated November 5, 1990, requesting annexation, was received and referred to the Planning Commission, and staff was directed to ensure that the appropriate road dedications are obtained, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Bakersfield, California, November 28, 1990 - Page 6 Acceptance of Comprehensive Annual Financial Report and the Federally Required Single Audit Report for the 1989-90 Fiscal Year. Upon a motion by Councilmember Peterson, Item u, Comprehensive Annual Financial Report and the Federally Required Single Audit Report for the 1989-90 Fiscal Year, was received and referred to the Budget and Finance Committee, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: HEARINGS This is the time set for public hearing before the Council of the City of Bakersfield to determine whether the public interest and necessity require taking of certain public utility facilities (street lighting facilities) located within the territorial limits of the City of Bakersfield. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Hr. Gary Green, 9504 Vallejo Court, spoke, as a representative of Pacific, Gas and Electric Company, regarding the fair market value of the utilities. Mr. Green distributed some material to the Councilmembers and City staff, and discussed, at some length, Pacific Gas and Electric Company's position on this issue. 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. Adoption of Resolution No. 154-90 of the Council of the City of Bakersfield declaring the public necessity for the acquisition by the City of Bakersfield of street lighting facilities by eminent domain (Code of Civil Procedure Section 1245.230). Upon a motion by Councilmember Peterson, Resolution No. 154-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, $alvaggio None None Councilmember McDermott 267 Bakersfield, California, November 28, 1990 - Page 7 Councilmember Brunni asked that the Council be kept apprised of the outcome of the pending lawsuits of the other cities involved in condemnation proceedings. This is the time for public hearing on Resolution of Intention No. 1075 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 hearing has been duly advertised, posted and property owners notified as required by law. Communication has been received from Pacific Bell, 2515 S. Orange Avenue, Room 1A, Fresno, dated November 14, 1990, stating they have no objections to the vacation of the easterly portion of 5th Street in Lowell Park Tract (Block E). Due to a real or imaginary conflict of interest, Councilmember Edwards stated he would not participate in the discussion and action on this item. 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. Adoption of Resolution No. 155-90 of the Council of the City of Bakersfield ordering the vacation of the easterly portion of 5th Street in Lowell Park Tract (Block E) in the City of Bakersfield. Upon a motion by Councilmember DeMond, Resolution No. 155-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmembers Edwards, McDermott REPORTS Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 12-90 regarding landscaping the area near the Kern River and Interchange of Highway 99 and Rosedale Highway, as follows: Bakersfield, California, November 28, 1990 - Page 8 On August 9, 1989, a proposal by the Kern River Committee to landscape the Kern River area near State Highway 99 and Rosedale Highway was referred to the Urban Development Committee. The Committee requested staff to coordinate the planning of such landscaping with Caltrans and pursue funding of the project. Caltrans has budgeted $275,000 to replace the landscaping lost in its revamping of the Highway 99 and Rosedale Highway interchange but deferred it as a low priority. Councilwoman DeMond forwarded correspondence from Assemblyman Trice Harvey concerning the availability of State grant funds (AB471) for landscaping as mitigation of Caltrans projects which previously was not financially feasible. With that, staff expanded the landscape plan referred to the Committee and has prepared a grant application for $500,000 to purchase landscaping materials for the entire area of the Kern River, Highway 99 and Rosedale Highway interchange. It is anticipated that the strong community support which has been shown for enhancement of the River and City will continue. The Urban Development Committee has reviewed the proposed landscaping plans and recommends approval of them and adoption of the resolution to apply for funds for the project. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 12-90 was accepted. Adoption of Resolution No. 156-90 of the Council of the City of Bakersfield endorsing application for an Environmental Enhancement and Mitigation Program Grant for landscape improvements at Highways 99, 58, and 178 Interchange. Upon a motion by Councilmember Peterson, Resolution No. 156-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: ACTION ON BIDS Approval of Contract No. 90-277 with W. M. Lyles Company for Construction of McCutcheon Road Sewer Replacement from Ashe Road to 1200 feet west. 2C9 Bakersfield, California, November 28, 1990 Page 9 Upon a motion by Councilmember Peterson, the low bid from W. M. Lyles Company in the amount of $191,120.00 was accepted, the other bid rejected, the appropriation of $191,120.00 fund balance to the Capital Improvement Budget within the Sewer Enterprise Fund authorized, and the Mayor authorized to execute the Contract, by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Two Street Sweepers for Public Works. Upon a motion by Councilmember DeMond, the low bid in the amount of $203,405.00 from Nixon-Egli Equipment was accepted and the other bid rejected. One Hundred Fire Hydrants and Miscellaneous Bury Extensions for Fire Department. Upon a motion by Councilmember $alvaggio, the low bid in the amount of $37,283.13 from Long Beach Iron Works was accepted and all other bids rejected. Approval of Contract No. 90-278 with On/Tec West for Construction of the Homeless Center. Upon a motion by Councilmember DeMond, the low bid from On/Tec West in the amount of $310,540 was accepted, all other bids rejected, subject to Council action with Bethany Service Center, the appropriation of $279,000 Project Revenue from Bethany Service Center to the Capital Improvement Budget within the Community Development Block Grant Fund authorized, and the Mayor authorized to execute the Contract, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott The following item was Item t. of the Consent Calendar, Acquisition of five (5) undercover vehicles for the Bakersfield Police Department, using Asset Forfeiture Funds, which was removed from the Consent Calendar to Action on Bids. Adoption of Resolution No. 157-90 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 $60,000 and authorizing the appropriation of this amount from the Seized Property Account to the Public Works Operating Budget in the Equipment Management Fund. q7O Bakersfield, California, November 28, 1990 - Page 10 Upon a motion by Councilmember No. 157-90 of the Council of the City of adopted by the following roll call vote: DeMond, Resolution Bakersfield was Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Peterson, Salvaggio None None Councilmember McDermott Brunni, DEFERRED BUSINESS Adoption of Ordinance No. 3328 of the Council of the City of Bakersfield Amending Title 17 of the Bakersfield Municipal Code and City Zoning Map 103-25 by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the south side of College Avenue between Morning Drive and Sherrell Way from an R-3 and a C-2-D Zone to a C-2 (Commercial) Zone, from an R-1 and R-2-D Zone to an R-2 (Limited Multiple Family Dwelling) Zone and from an R-2-D Zone to an R-1 (One Family Dwelling) Zone. This Ordinance was given first reading at the meeting of November 7, 1990. Upon a motion by Councilmember Smith, Ordinance No. 3328 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Adoption of Ordinance No. 3329 of the Council of the City of Bakersfield amending Map No. 123-22 of Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of that certain property in the City of Bakersfield located along the south side of Harris Road approximately 1,600 feet east of Ashe Road and approximately 3,000 feet west of Stine Road from a C-1 (Limited Commercial) Zone to an R-1 (One Family Dwelling) Zone. This Ordinance was given first reading at the meeting of November 7, 1990. Upon a motion by Councilmember Peterson, Ordinance No. 3329 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Bakersfield, California, November 28, 1990 - Page 11 Adoption of Ordinance No. 3330 of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as the Wible No. 7 Annexation (Ward 6). This Ordinance was given first reading at the meeting of November 7, 1990. Upon a motion by Councilmember Peterson, Ordinance No. 3330 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Adoption of Zoning Resolution No. 389 of the Council of the City of Bakersfield granting, with condition, the appeal by L. Bruce Nybo from the decision of the Board of Zoning Adjustment denying the modification to permit the reduction of the street side yard setback from ten feet to four feet eight inches and the reduction of the distance between an accessory structure and a residence from ten feet to three feet in an R-1 (One Family Dwelling) Zone on that certain property commonly known as 7501 Shetland Drive. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on November 7, 1990. Upon a motion by Councilmember Brunni, Zoning Resolution No. 389 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Adoption of Subdivision Resolution No. 12 of the Council of the City of Bakersfield upholding the decision of the City Engineer, denying the Appeal of Carriage Homes and approving Parcel Map Waiver 30-90 and related conditions. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on November 7, 1990. 272 Bakersfield, California, November 28, 1990 - Page 12 Upon a motion by Councilmember Salvaggio, Subdivision Resolution No. 12 of the Council of the City Bakersfield was adopted by the following roll call vote: of Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, $alvaggio None None Councilmember McDermott Adoption of Resolution No. 158-90 of the Council of the City of Bakersfield concerning the delivery of certain Certificates of Participation (in an amount not to exceed $6,000,000) on behalf of United Community Housing and Development Authority to finance a certain residential care facility for the elderly and authorizing the execution of certain documents in connection therewith. Upon a motion by Councilmember Edwards, Resolution No. 158-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Ward Boundaries. (Wards 4 & 6) This Ordinance amends the ward boundaries to include Calloway No. 3 and Stine No. 6 annexations. The Council of the City of Bakersfield recently completed annexation of these areas. Councilmember Edwards requested that, when this comes back, only the affected ward be included and the changes be highlighted, or in a different print, so that it is easy to follow. Referral of a Resolution of the Council of the City of Bakersfield Amending Resolution No. 6-89 Setting Salaries and Related Benefits for Employees of the Blue and White Collar Units of the City of Bakersfield (Deleting Personnel Clerk and Adding Senior Police Records Clerk). Upon a motion by Councilmember Peterson, Resolution of the Council of the City of Bakersfield Amending Resolution No. 6-89 Setting Salaries and Related Benefits for Employees of the Blue and White Collar Units of the City of Bakersfield (Deleting Personnel Clerk and Adding Senior Police Records Clerk was adopted by the following roll call vote: Ayes: Brunni, Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Peterson, $alvaggio None None Councilmember McDermott Bakersfield, California, November 28, 1990 Page 13 Councilmember Edwards made a motion to reconsider this Resolution. The motion was approved with Councilmember Brunni voting "no". Councilmember Edwards made a motion to refer the Resolution to the Personnel Committee. Councilmember Brunni clarified her "no" stating that the policy that matters be referred only when they are complex or controversial, and matter doesn't appear to be controversial. vote by to committee that this Upon a substitute motion by Councilmember Brunni, the following item was moved forward to be acted on at this time. Reclassification of Personnel Clerks and Clerk-Typist II Miscellaneous Departments. Upon a motion by Councilmember Edwards, Reclassification of Personnel Clerks and Clerk-Typist II Miscellaneous Departments was referred to the Personnel Committee. Upon a motion by Councilmember Edwards, the Resolution of the Council of the City of Bakersfield Amending Resolution No. 6-89 Setting Salaries and Related Benefits for Employees of the Blue and White Collar Units of the City of Bakersfield (Deleting Personnel Clerk and Adding Senior Police Records Clerk), was referred to the Personnel Committee. Upon a motion by Councilmember Peterson, the meeting recessed at 8:00 p.m. and reconvened at 8:10 p.m. Adoption of Resolution No. 159-90 of the Council of the City of Bakersfield fixing the dates of meetings, budget workshops and budget hearings of the Council for the months of January through December 1991. Upon a motion by Councilmember DeMond, Resolution No. 159-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Peterson, Salvaggio Noes: None Abstain: None Absent: Councilmember McDermott Brunni Adoption of Resolution No. 160-90 of the Council of the City of Bakersfield, Ordering Change and Modification to Engineer's Report, Assessment Diagram and Assessment Roll for Assessment District No. 86-2 Riverlakes Ranch/Unibell. Upon a motion by Councilmember Brunni, Resolution No. 160-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni Peterson, Salvaggio None None Councilmember McDermott 574 Bakersfield, California, November 28, 1990 Page 14 Adoption of Resolution No. 161-90 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 337, LAFCO Proceeding No. 1047, Quantice No. 1 Annexation (Ward 1). Upon a motion by Councilmember Edwards, Resolution No. 161-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Adoption of Resolution No. 162-90 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 338, LAFCO Proceeding No. 1049, Akers No. 4 Annexation (Ward 6). Upon a motion by Councilmember Peterson, Resolution No. 162-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Adoption of Resolution No. 163-90 of the Council of the City of Bakersfield expressing its intention to authorize the execution and delivery of Certificates of Participation for the Hilltop and Colonial Nursing Home, subject to the satisfaction of certain conditions. Upon a motion by Councilmember Smith, Resolution No. 163-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, $alvaggio None None Councilmember McDermott Noes: Abstain: Absent: Referral of Agreement with Kern Refuse Disposal, Inc., for the collection of refuse. Upon a motion by Councilmember Peterson, the Agreement with Kern Refuse Disposal, Inc., was referred the Budget and Finance Committee. to 275 Bakersfield, California, November 28, 1990 - Page 15 Approval of Agreement No. 90-279 with Valley Wireless Cable, Inc., for a ground lease for a transmission site. Councilmember Brunni made a motion to include the conditions placed on the Conditional Use Permit be placed on the lease. Finance Director Klimko requested that the general terms and conditions of this lease be approved subject to the final approval of the format as approved by the City Attorney. Councilmember Peterson made a substitute motion to set the rent at $250 a month, increasing at the rate of five percent annually, that no bond be put on the construction and that the tower not be limited to Wireless Cable and several sublessees. Councilmember Edwards made a substitute motion that the Agreement be referred back to staff and that it come back after some continuing negotiations between Mr. Crisp, Valley Wireless, and staff. Councilmember Edwards' substitute motion that the Agreement be referred back to staff for negotiation failed with three Ayes and four Noes, with Councilmember McDermott absent. Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Medders voted No. Upon a motion by Councilmember Peterson, Agreement No. 90-279 was approved with the changes to set the rent at $250 a month, increasing at a rate of five percent annually, to delete the bond requirement and to allow multiple-use on the tower, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Peterson, Mayor Medders Councilmembers Edwards, DeMond, None Councilmember McDermott Salvaggio, Brunni Pursuant to Section 14 of the City Charter, which states that in case of a tie vote by the Council the Mayor shall cast the deciding vote, Mayor Medders voted Aye. Councilmember Brunni stated for the record she felt it is unfortunate that Council ignored the people who live in this area in making the decision. Councilmember Peterson stated for the record he felt it is fortunate that Council took some concerns for some people who couldn't afford cable and desperately want it, for the educational system that Bakersfield can now broadcast their items into many homes that don't have cable and to the many outlying areas that simply don't have cable reaching out that far. He thanked staff for the work they did and stated he felt they did a good job. Bakersfield, California, November 28, 1990 - Page 16 Councilmember DeMond stated Council took the step to afford this opportunity for all those people when it originally voted to have the facility on that site. Mayor Medders clarified his "yes" vote by stating that the people had been jacked around and jerked around since April, and it was time to get on with the project. Notice of Assignment of Development Agreement No. 90-201 from Sanwa Bank, as Trustee under Trust No. 27128-00-8, to State Farm Mutual Automobile Insurance Company. Upon a motion by Councilmember Brunni, the Assignment of Development Agreement No. 90-201 from Sanwa Bank, as Trustee under Trust No. 27128-00-8, to State Farm Mutual Automobile Insurance Company was approved and the Mayor authorized to execute the Consent to Assignment. Reclassification of Engineer II to Civil Engineer III (Public Works). Upon a motion by Councilmember Peterson, reclassification of Engineer II to Civil Engineer Works) was approved. the III (PuDlic Two (2) appointments to the Board of Zoning Adjustment due to the expiration of terms by Calvin A. Bidwell and Dennis Fidler (Alternate) whose terms expire December 1, 1990. (3-year term) Upon a motion by Councilmember Salvaggio, Calvin A. Bidwell and Dennis Fidler as Alternate were appointed to the Board of Zoning Adjustment. One (1) appointment to the Bakersfield Airpark Advisory Committee, due to the resignation by Rev. Fred L. Thomas, term expiring June 17, 1991. (2-year term) Councilmember Peterson made a motion to appoint Bernell Whitaker to the Bakersfield Airpark Advisory Committee. In response to a question by Councilmember Edwards regarding appointment procedure, City Clerk Williams stated it was her understanding that Council had given direction to use the ballot process for each appointment. She also advised that 13 candidates were listed for selection to the Bakersfield Airpark Advisory Committee. In response to a question by Councilmember Salvaggio, City Manager Hawley stated that the policy had been checked, and it is his opinion that Council gave the direction that the ballot process does apply to all commission appointments, with the exception of appointments made within specific Wards. Bakersfield, California, November 28, 1990 - Page 17 City Clerk Williams announced the first tally of votes. The top two candidates were Mr. Whitaker and Mr. Robertson. City Clerk Williams then announced the second tally of votes: Mr. Whitaker five (5) votes and Mr. Robertson one (1) vote. She advised that a motion was needed to actually make the appointment. Upon a motion by Councilmember Peterson, Mr. Bernell Whitaker was appointed to fill the unexpired term on the Bakersfield Airpark Advisory Committee. COUNCIL STATEMENTS Councilmember Brunni spoke regarding a letter she received from the North of the River Municipal Water District requesting a meeting with the Water Resources Committee to discuss some water supply needs in the Urban Bakersfield Plan. She stated that the North of the River Municipal Water District has met with various water districts to deal with this issue and, at this point, would like to involve the Water Resources Committee of the City of Bakersfield. Upon a motion by Councilmember Brunni, the letter from the North of the River Municipal Water District was referred to the Water Resources Committee. Councilmember Brunni thanked staff, specifically Planning Director Hardisty, for asking for a public hearing, at her request, that was not legally required, dealing with the potential changes in the polo grounds annexations and plans. She advised the hearing is scheduled for December 6, 1990, before the Planning Commission and will give the people living in that area an opportunity to have public input on the proposed changes. Councilmember Brunni spoke regarding a letter received by the Councilmembers from the City of Lynwood dealing with regional government issues and requesting that the cities continue to oppose regional government legislation, such as AB 4242 that was proposed during the last legislative session at the State level, and to set in motion task forces in each region to work on solutions to solve problems of regional importance. Councilmember Brunni stated further that she would like to see our City involved in that and perhaps form a subcommittee of the Council to deal with the issue. Upon a motion by Councilmember Brunni, the issue regarding regional government legislation was referred to the Legislative and Litigation Committee. In response to a question from Councilmember Brunni regarding a letter she received from Golden Empire Ambulance requesting a rate review, Assistant to the City Manager Stinson advised that staff is in the process of reviewing the requests, from both Golden Empire Ambulance and Hall Ambulance, as a part of the annual review process, and will be meeting with the Budget and Finance Committee to go over those recommendations and coming back to the Council with the results. Councilmember Brunni requested if anyone from staff, Council or the public knows something about a potential half-cent sales tax, to please bring the Council up-to-date on this issue. Bakersfield, California, November 28, 1990 - Page 18 Councilmember Salvaggio requested that the Mayor send a letter on behalf of the Council to the Kern County Southern Baptist Association thanking them for purchasing and planting 50 trees along the Kern River Parkway at the location of the par course. Councilmember Salvaggio spoke regarding an article in The Bakersfield Californian regarding a newly-completed 88-unit apartment on the southeast corner of Coventry Place and Larson Lane. He expressed his concern with the traffic impact in the area of the Valley Plaza Shopping Center and urged staff to do everything they can to expedite the widening of the Planz Road freeway overcrossing. Upon a motion by Councilmember Salvaggio, the matter involving the Salvation Army bell ringers, which arose after the Agenda was prepared and upon which action is necessary, was added to the Agenda at this time by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: Councilmember Salvaggio made a motion that the City Council go on record, in the form of a letter, in support of the Salvation Army bell ringers being able to place their kettles outside the stores of Valley Plaza and East Hills Mall. Councilmember Smith spoke in support of Councilmember Salvaggio's motion. Councilmember DeMond spoke in support of Councilmember Salvaggio's motion. Councilmember Edwards urged the Council to be fair to every group and not be selective. In response to questions from Councilmember Peterson, Acting City Attorney Sherfy stated he doesn't feel the Council or City exposes itself to litigation simply because it says it supports the Salvation Army's efforts at the malls during the Christmas season. He advised it is an issue for the mall managers to determine: "If they let one group in, does that mean they have to let everyone in?" Councilmember Brunni suggested that the letter to the mall managers state that the Council supports the efforts of the Salvation Army, and not mention anything about bell ringing for fund raising. Councilmember Edwards suggested, as an alternative, that it might more appropriate and more effective for each Councilmember to write a letter to the mall managers, and in that way the Council is not acting as a unit in support of one organization. 2,79 Bakersfield, California, November 28, 1990 Page 19 U~on a motion by Councilmember Salvaggio, the motion that the City Council go on record, in the form of a letter, in support of the Salvation Army bell ringers being able to place their kettles outside the stores of Valley Plaza and East Hills Mall was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Peterson, None Councilmembers Edwards, Brunni Councilmember McDermott Salvaggio Councilmember Peterson requested that Item 4.u. of the Consent Calendar, the Comprehensive Annual Financial Report, which was removed and acted on separately, be referred to the Budget and Finance Committee and that staff work up a presentation for the Committee on the Report. Councilmember Smith spoke regarding a call she received about not having an adequate number of facilities for Little League and advised that she would like to refer the matter to the Convention Center and Community Services Committee. Upon a motion by Councilmember Smith, the issue of an inadequate number of facilities for Little League was referred to the Convention Center and Community Services Committee. ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, was adjourned at 9:35 p.m. before the the meeting 'of B~rsfield, CA ATTEST: CITY C L~R~K and/~Sx Of 'f~~Clo~Cle-~r~e Council of the City of Bakersfield, CA ndw Bakersfield, California, December 10, 1990 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 11:30 a.m., December 10, 1990, for the purpose of a Closed Session. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 11:33), Peterson, McDermott (seated at 11:33), Salvaggio (seated at 11:33) ~bsent: None Pursuant to City Manager Hawley, all members were present at 11:35 a.m. CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding a personnel matter. Upon a motion by Councilmember Peterson, Council recessed to the City Manager's Conference Room for Closed Session at 11:33 a.m. for ADJOURNMENT Upon a motion by Councilmember Smith, the meeting Closed Session was adjourned at 12:28 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY C LER/~a n d~x 0/~ c i o~e r~t h e Council of the City of Bakersfield, CA ndw