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