Loading...
HomeMy WebLinkAbout12/19/1990 MINUTES CC281 Bakersfield, California, December 19, 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., December 19, 1990. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards (seated at 5:25), DeMond, Smith (seated at 5:20), Brunni, Peterson (seated at 5:20), McDermott, Salvaggio Absent: None WORKSHOP Airports. Mr. Joe Drew, Director of the Kern County Airport, spoke and gave a short, informational briefing and overhead projector presentation regarding the Kern County Airport at Meadows Field. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Brunni, the meeting was adjourned to Closed Session at 5:45 p.m. MAYO[{ of the City of a ersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, December 19, 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., December 19, 1990. Present: The meeting was called to order by Mayor Medders. Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a), regarding Davenport vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a), regarding Truitt vs. City of Bakersfield. 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. Closed Session pursuant to Government Code Section 54957 regarding a personnel matter. Upon a motion by Councilmember Brunni, Council recessed to the City Manager's Conference Room for Closed Session at 5:45 p.m. ADJOURNMENT Upon a motion by Councilmember McDermott, the meeting for Closed Session was adjourned at 6:59 p.m. MAYOR of the City of Ba~k~sfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, December 19, 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., December 19, 1990. followed Pledge of Present: Absent: The meeting was called to order by Mayor Medders, by the Invocation by Councilmember Salvaggio and the Allegiance. City Clerk Williams called the roll as follows: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None PRESENTATION Mayor Medders presented retirement plaques to Charles P. Graviss for 26½ years of service to the City of Bakersfield in the Community Services Department and to Margaret Ursin for 31½ years of service in the Finance Department and Personnel Division. Councilmember Salvaggio thanked both employees for all their years of service to the City of Bakersfield, and stated for the record, as follows: It's amazing for one to consider just for a moment the countless City employees and retirees, and their families, too, that Margaret Ursin has assisted and counseled over the years, responding to their many questions, explaining the benefits and, in many cases, reducing their fears and anxieties. I can assure you that I fall in that category at this very moment, as a matter of fact. Undoubtedly one of the most dedicated employees in the City and that this City has had the good fortune to have employed, and has often gone beyond her normal duties and working hours when needed to assist an employee who retired with their problems. The affection she has garnered with employees, retirees, associates and members of the Council was evidenced this afternoon when over 250 guests attended her retirement luncheon to wish her well. The City will lose a valuable asset with the retirement of Margaret Ursin and Charlie Graviss, and I want to thank you both for the tremendous service you have given this community. Councilmember McDermott stated, for the record, as follows: Margaret, Charlie, you both have really helped make Bakersfield a better place to live, and we thank you very much for all your efforts. Bakersfield, California, December 19, 1990 - Page 2 Mayor Medders presented to Mr. Clarke Watson, as a representative of the Building Industry Association of Kern County, a Certificate of Appreciation to members of the building community for their continued assistance in the annual CanTree Food Drive. Upon a motion by Councilmember Peterson, the following item, which arose after the Agenda was prepared and upon which action is necessary, relating to the City Attorney Contract, was added to the Agenda by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, $alvaggio None None Councilmember McDermott Approval of City Attorney's Contract No. 90-280 with Mr. Lawrence M. Lunardini to serve as City Attorney. Upon a motion by Councilmember Peterson, City Attorney's Contract No. 90-280 with Mr. Lawrence M. Lunardini to serve as City Attorney was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Peterson introduced, for the public and the media, Mr. Lawrence Lunardini. New City Attorney Lunardini stated he looks forward to giving first-class legal representation, carrying out the goals of the Council and working with the Department heads to see that the best interests of the people and the City of Bakersfield are protected. Councilmember Brunni welcomed Mr. Lunardini to Bakersfield and stated her pleasure with the process of using an outside search firm in getting the City first-class legal counsel. Councilmember Salvaggio welcomed Mr. Lunardini and stated that Mr. Lunardini comes from the City of Sacramento, where he was one of the Deputy City Attorneys, and has had extensive experience on water law and public works, in land use, environmental review and planning. He further stated that Mr. Lunardini is married with two children, went to Notre Dame University and Georgetown Law School, and has been with the City of Sacramento for several years. Additionally, Councilmember Salvaggio thanked Acting City Attorney Sherfy for a job well done and stated his appreciation for Mr. Sherfy's dedication, integrity and ethics, and his loyalty to the people of the community. Bakersfield, California, December 19, 1990 - Page 3 Councilmember DeMond spoke regarding the use of the outside search firm for this position and stated that more than a sufficient amount of applications had been received, which she feels is due to the energetic growth of Bakersfield and the excitement of being a city that's on the cusp of even greater change than we've gone through, which shows how far we've come in lots of regards. Councilmember Peterson commended Mr. Rich Perry for the wonderful job done by his consulting firm and directed Mayor Medders to make sure that Mr. Perry understands our appreciation for the work he did. Councilmember Peterson congratulated Mr. Lunardini and welcomed him aboard stating that he was an excellent choice for the growth of the City and for the direction that we're going. He thanked Mr. Sherfy for filling in and doing a wonderful job under pressure and duress, and urged Mr. Sherfy to go forward and continue the great work he has been doing. Councilmember Smith thanked Mr. Sherfy for the outstanding job as Acting City Attorney and welcomed Mr. Lunardini. Mayor Medders welcomed Mr. Lunardini to the City. CONSENT CALENDAR Approval of Warrant Nos. 4144 to 4710, inclusive, in the amount of $2,730,838.45 and Self-Insurance Warrant Nos. 786 to 886, inclusive, in the amount of $73,102.05. Minutes of the Special Meeting of November 20, 1990, for approval. Communications: 1. REMOVED FOR SEPARATE CONSIDERATION. Communication from Martin- Mcintosh, 4130 Ardmore Avenue, Suite 101, dated November 26, 1990, requesting abandonment of the old Stockdale Highway right-of-way. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Communication from Robert D. Watson, 2114 "F" Street, dated December 3, 1990, submitting his resignation to the Central District Development Agency. (RECEIVE AND PLACE ON FILE) 4. REMOVED FOR SEPARATE CONSIDERATION. Bakersfield, California, December 19, 1990 - Page 4 de Petition containing four (4) signatures in support of Assessment District No. 90-1 (Jewetta Trunk Sewer) received November 16, 1990. (RECEIVE AND PLACE ON FILE) Communication from Jack Hardisty, City Planning Director, dated December 12, 1990, regarding transfer of staff from Redevelopment to Planning. (RECEIVE AND REFER TO PERSONNEL COMMITTEE) Communication from Joint City/Insurance Committee, dated December 5, 1990, regarding Medical Benefits. (RECEIVE AND REFER TO PERSONNEL DEPARTMENT, BILL AVERY, LABOR NEGOTIATOR) Communication from Cuesta Engineering, 5055 California Avenue, Suite 218, dated December 12, 1990, requesting annexation of property located in the southeast quarter of Section 4, Township 30 South, Range 28 East, southwest of the intersection of Belle Terrace and Mount Vernon Avenue containing 140 acres, and zoning upon annexation. (RECEIVE AND REFER TO PLANNING COMMISSION) Dedication of properties: Deed No. 3277, Traffic Signal Easement from Pacific Summit Development located at the intersection of White Lane and Cernan Way. Deed No. 3278, Grant of Easement from Riverlakes Ranch for a drainage easement located north and south of Hageman Road and east of Riverlakes Ranch Drive. Deed No. 3279, Flowage Easement from Riverlakes Ranch located north of Hageman Road and east of Riverlakes Ranch Drive. o Street Right-of-Way Deed No. 3280 from A. Michael DePetro for additional right-of-way from along the north side of Brimhall Road located approximately 1,300 feet east of Jewetta Avenue. Bakersfield, California, December 19, 1990 - Page 5 ge he Deed No. 3281, Bike Trail and Slope Easement from Oceanic Communities, Inc. for the west end of the bike trail at the east end of Kern River Bridge on Stockdale Highway. Grant Deed No. 3282 from Cambridge Properties for a sump site located north of Panama Lane and West of Stine Road. Grant Deed No. 3283 from Cambridge Properties for a park site located north of Panama Lane and west of Stine Road. Deed No. 3284, Full Reconveyance for Home Improvement Loan for Alice Muck. Notices of Completion and Acceptance of Work for the following: Construction of curb and gutter in area bounded by Snyder Lane, "P" Street, Terrace Way and Vernal Place, Contract No. 90-223, completed December 6, 1990. College Avenue retaining wall from O'Donnell Way to Flintridge Drive, Contract No. 90-209, completed November 20, 1990. Traffic signal installation on Gosford Road at South Laurelglen Avenue, Contract No. 90-170, completed November 19, 1990. Bakersfield Municipal Airport expansion construction, Contract No. 90-98, completed December 19, 1990. Request for Extension of Time from Lawton Powers, Inc. for Improvement Agreement No. 85-110, for Parcel Map No. 7470. Authorization for medical leave of absence without pay for a period of thirty (30) calendar days. (ANTE) Contractor's Agreement No. 90-281 with B. E. Evans for piloting and command of patrol aircraft. Agreement No. 90-282 with St. Francis School to provide the Drug Abuse Resistance Education (DARE) Program to one school from January 1991 through June 1991. Bakersfield, California, December 19, 1990 Page 6 Approval of State-Local Master Agreement No. 90-283 for State participation in locally funded projects. Agreement Nos. 90-284 and 90-285, Approval of Program Supplement Nos. 1 and 2 to State-Local Entity Master Agreement for State participation in locally funded projects. (Stockdale Highway Bridge and Louise Avenue) Agreement No. 90-286 for appraisal services with Gordon D. Stewart. Design Services for Wastewater Treatment Plant No. 2. (REFER TO BUDGET AND FINANCE COMMITTEE) Appropriate $27,000 County Grant funds for the Homeless Facility. Annual Report of Financial Transaction of the Central District Development Agency of the State Controller. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) qe Central District Development Agency of the City of Bakersfield, California Component Unit Financial Report for the Fiscal Year ended June 30, 1990. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Authorize the appropriation of $18,790.00 fund balance to the interfund transfer account within the State Park Fund. Agreement Nos. 90-287 and 90-288, Final Map and Improvement Agreements with Cambridge Properties for Tract 495? Unit 1 consisting of 135 lots on 41.25 acres located north of Panama Lane and west of Stine Road. Quitclaim Deed No. 3285 from Manuel F. Costa and Mary A. Costa for Street Widening purposes on Akers Road south of Pacheco Road. Councilmember Brunni made a motion to adopt Items (a) through (t) of the Consent Calendar. Upon a motion by Councilmember Salvaggio, Item c.1. of the Consent Calendar, Communication from Bertha M. Boullion, Principal, Fairview Elementary School, 425 E. Fairview Road, dated November 16, 1990, regarding low-flying aircraft passing over Fairview Elementary School, was removed to be acted on separately immediately following the Consent Calendar. Bakersfield, California, December 19, 1990 - Page 7 Upon a motion by Councilmember EdwaYds, Item c.4. of the Consent Calendar, Communication from Fred R. Dukes, Chair, Community Advisory Council, 515 Truxtun Avenue, dated December 5, 1990, recommending that an active program for aesthetic improvements be implemented in southeast Bakersfield and requesting capital improvement funding, was removed to be acted on separately immediately following the Consent Calendar. Upon a motion by Councilmember Brunni, Items a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, and t of the Consent Calendar, with the removal of Items c.1. and c.4., were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Communication from Bertha M. Boullion, Principal, Fairview Elementary School, 425 E. Fairview Road, dated November 16, 1990, regarding low-flying aircraft passing over Fairview Elementary School. Upon a motion by Councilmember Salvaggio, the communication from Bertha M. Boullion, Principal, Fairview Elementary School, 425 E. Fairview Road, dated November 16, 1990, regarding low-flying aircraft passing over Fairview Elementary School, was referred to the Public Works Department. C.4o Communication from Fred R. Dukes, Chair, Community Advisory Council, 515 Truxtun Avenue, dated December 5, 1990, recommending that an active program for aesthetic improvements be implemented in southeast Bakersfield and requesting capital improvement funding. Upon a motion by Councilmember Edwards, the communication from Fred R. Dukes, Chair, Community Advisory Council, 515 Truxtun Avenue, dated December 5, 1990, recommending that an active program for aesthetic improvements be implemented in southeast Bakersfield and requesting capital improvement funding, was referred to the Public Works Department to assess the situation and report back to City Council within 45 days with some type of plan to address the issues mentioned in Mr. Dukes' communication. Councilmember McDermott spoke regarding Item t. of the Consent Calendar, regarding the acquisition of a home for street widening on Akers Road, and advised that a citizen called and alerted us to the fact that this property was on the market and, as a result of that call, the City saved considerable acquisition costs. Councilmember McDermott encouraged more community involvement of this nature. Councilmember Brunni requested that, whenever Consent Calendar communications are referred to various members of staff, Council always receive a copy of any responses sent regarding these co~nunications. Bakersfield, California, December 19, 1990 - Page 8 City Manager Hawley advised he would coordinate referrals of correspondence with the City Clerk's Office to ensure that Council receives any responses to that correspondence. PUBLIC STATEMENTS Ms. Carol Miranda, Kern City, Viet Nam Memorial and thanked everyone the students at Foothill High School. spoke regarding the involved, especially HEARINGS This is the time set for continued public hearing before the Council of the City of Bakersfield on the appeal by Virginia Casteen, et. al., of Condition No. 2 of Planning Commission Resolution 12-90 approving the zone change from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone on that certain property in the City of Bakersfield located at 3535 Bernard Street. This hearing was continued from the Council meetings of June 27, July 25, and September 19, 1990. Communication has been received Casteen, 2031 17th Street, Suite 2, dated withdrawing her appeal to the decision of Commission. from Virginia December 17, 1990, the Planning Upon a motion by Councilmember Smith, the hearing was closed without action, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None This is the time set for continued public hearing on an appeal by Mr. Ruben Bartell of a restriction to allow medical related uses of a C-2 (Commercial) Zone approved by the Planning Commission on those certain properties in the City of Bakersfield consisting of 39 +/- acres located in Section 32, Township 29 South, Range 27 East, M.D.B.& M., and generally located south of Brimhall Road, approximately 700 feet west of Coffee Road. This hearing was continued from the meeting of November 7, 1990. Councilmember Brunni made a motion to continue the hearing to January 9, 1991. Mr. Roger Mcintosh with Martin-Mcintosh Engineering and Land Surveying, 4130 Ardmore Avenue, representing the appellant, Mr. Ruben Bartell, advised he would agree to continuing the hearing to January 9, 1991. 291 Bakersfield, California, December 19, 1990 - Page 9 Upon a motion by Councilmember Brunni, this hearing was continued to the Council Meeting of January 9, 1991. This is the time set for protest hearing before the Council for the purpose of hearing objections from any person owning real property within the territory designated as Chester No. 2, on the matter of annexation of such property to the City of Bakersfield. (WARD 2) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. 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. 164-90 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1038, Annexation No. 336 (Chester No. 2), annexed to the City of Bakersfield (Ward 2). Upon a motion by Councilmember DeMond, Resolution No. 164-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni Peterson, McDermott, Salvaggio This is the time set for public hearing before the Council of the City of Bakersfield regarding the sale of surplus property (City Fire Station, 1301 4th Street). This hearing has been duly advertised and posted as required by law. Staff advised this item may be deleted from the Agenda since the offer of purchase has been withdrawn. No action was taken on this item. This is the time set for a public hearing to consider a Conditional Use Permit (CUP) application to allow large assemblies of people for events other than automobile races including but not limited to concerts and motor sports events not to extend beyond March 14, 1994, in an R-S-2½A (Residential Suburban Two and One Half Acre) Zone. This hearing has been duly advertised, posted and property owners notified as required by law. Bakersfield, California, December 19, 1990 - Page 10 Communication has Associates, 1830 "F" Street, 1990, regarding Conditional been received from Dean Gay Suite 4, dated December 19, Use Permit No. 5080 Mayor Medders declared the hearing open for public participation. Mr. Dean Gay, 100 West Bluff Court, spoke in behalf of the surrounding property owners, to reiterate their position in his letter of December 19, 1990, which is the concern that it is understood that, if they acquiesce at this time, it does not waive in any manner their right to speak to any renewal or extension that will be asked for in March of 1994. Additionally, Mr. Gay requested that the staff's recommendations be fully adhered to. Mr. Marion Collins, owner of Mesa Marin Raceway, advised he had no arguments about all the conditions he is being asked to do except for one thing. He requested that the condition with respect to the concerts being over by 10:00 p.m. be extended to 11:00 or 11:30 p.m. because due to the heat in the summer, most of the concerts do not begin until 8:30 p.m., and they usually last 2 to 2½ hours. Mr. Jim Nickel spoke regarding Mr. Gay's letter of December 19, 1990, advising the surrounding property owners would like to see the parking restricted to the Mesa Marin Raceway's parking lot. Additionally, he stated that after a concert, there is trash all over the surrounding property, and he would like to see it picked up. Mr. Gay spoke again, advising that extending the concerts to end at 11:00 p.m. would be satisfactory to him. No further protests or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. At the request of Councilmember Smith, Police Chief Patterson addressed the issue of parking advising that it is the Raceway owner's responsibility to control the parking, and that would be covered by the restrictions of their permit when they put on a program to make sure that the parking is covered when the permit is written up. Councilmember Smith recommended the deletion of the 10 o'clock hour and suggested the Raceway adhere to 11:00 p.m. Councilmember Brunni spoke for the record advising that, at Mr. Collins invitation, she attended a concert at Mesa Marin Raceway on December 3, 1990, and observed about 10,000 people having a really good time. She noted it was the same day that the Potato Bowl was going on, and she felt it was wonderful that a community the size of Bakersfield could have two very large events and have them both sold out. It says a lot for the size and diversity of our community, and it is nice to be able to provide a place, not next to somebody's house, for people to go and have a good time, and have this kind of entertainment come to our community and be able to accommodate it. Councilmember Brunni further stated she is in support of the 11:00 p.m. extension. Bakersfield, California, December 19, 1990 - Page 11 Upon a motion by Councilmember Brunni, Mr. Marion Collins was recognized and spoke advising that there is more than adequate parking for the amount of people who attend the functions at the Raceway, and he cannot tell people they can- not park on the street if they choose to do so. Upon a motion by Councilmember Smith, the Negative Declaration was adopted and the Conditional Use Permit was approved to allow large assemblies to people for events for concerts and special events in addition to automobile racing not to extend beyond March 14, 1994, subject to conditions of approval listed in the staff report, and including the change from the 10 o'clock hour to the 11 o'clock hour, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None This is the time set for public hearing before the Council of the City of Bakersfield to consider approving tentative cancellation of the Williamson Act Contract and diminishing Agricultural Preserve Number 9 for a 240+/- acre site located along the east side of Jewetta Avenue between Reina Road and Hageman Road. Mayor Medders declared the hearing open for public participation. Mr. Bob Smith, representing the appellant, identified himself and advised he was available to answer any questions. 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. 165-90 of the Council of the City of Bakersfield approving tentative cancellation of the Williamson Act contract for a 240+/- acre site located along the east side of Jewetta Avenue between Reina Road and Hageman Road. Councilmember Brunni made a motion to adopt the Resolution making findings, approving the Negative Declaration and approving tentative cancellation of the Williamson Act Contract located on a 240+/- acre site. She stated that cancellation of Williamson Act contracts should never be done capriciously because the contracts are there for a reason, but she feels it is appropriate in this case. Additionally, Councilmember Brunni encouraged people who have a Williamson Act Contract and intend to develop that piece of property to look forward and do their cancellations in a timely manner so that this type of action will not be necessary. Bakersfield, California, December 19, 1990 - Page 12 Upon a motion by Councilmember Brunni, Resolution No. 165-90 of the Council of the City of Bakersfield was adopted and the Negative Declaration was approved by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember $alvaggio requested Planning Director Hardisty inform the Council, later in the meeting during Council Statements, regarding the outcome at the Planning Commission meeting on December 18, 1990, with respect to the Polo Grounds. Adoption of Resolution No. 166-90 of the Council of the City of Bakersfield amending the boundaries of Agricultural Preserve Number 9 by diminishing the size of said preserve by 240+/- acres for that site located along the east side of Jewetta Avenue between Reina Road and Hageman Road. Councilmember Brunni made a motion to adopt the Resolution making findings, approving the Negative Declaration and approving the boundary amendment to Agricultural Preserve Number 9 by diminishing said preserve total of 240+/- acres. a Upon a motion by Councilmember Brunni, Resolution No. 166-90 of the Council of the City of Bakersfield was adopted and the Negative Declaration was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None This is the time set for a public hearing to consider authorization to execute and deliver certain Certificates of Participation (Hilltop and Colonial Project) not to exceed $7,000,000 evidencing proportionate interests in lease payments due from the City of Bakersfield but payable solely from sublease payments received by the City from Source Living Center, Inc., an Illinois nonprofit corporation. This hearing has been duly advertised and posted as required by law. This hearing has been canceled at the request of the developer and requires no action. 295 Bakersfield, California, December 19, 1990 - Page 13 ACTION ON BIDS Approval of Contract No. 90-289 with Griffith Company for Construction of extension of Marriott Drive from the existing point of termination to 800 feet west. Upon a motion by Councilmember Brunni, the low bid from Griffith Company in the amount of $51,990.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Contract No. 90-290 with Spiess Construction Co., Inc., for Construction of Garces Circle Landscape Irrigation System. Upon a motion by Councilmember DeMond, the low bid from Spiess Construction Co., Inc., in the amount of $24,650.00 was accepted, the other bids rejected, and the Mayor authorized to execute the Contract. Fire Hose. Upon a motion by Councilmember Edwards, the bid from Halprin Supply Company in the amount of $22,117.00 was accepted. Approval of Contract No. 90-291 with Granite Construction Company for Wible Road Median from Panama Lane to Auto Mall Drive. Upon a motion by Councilmember McDermott, the low bid from Granite Construction Company in the amount of $37,959.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Approval of Contract No. 90-292 with Insituform Southwest 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. Upon a motion by Councilmember DeMond, the bid from Insituform Southwest in the amount of $287,099.00 was accepted and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 90-293 with Witco Corporation for road oils. Upon a motion by Councilmember Peterson, the bid from Witco Corporation in the amount of $116,875.00 was accepted and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 90-294 with Jim Alfter Cement for curbs, gutters and sidewalks. Upon a motion by Councilmember Peterson, the low bid from Jim Alfter Cement in the amount of $126,230.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, December 19, 1990 - Page 14 Approval of Contract No. 90-295 with Crisp Construction Company for Installation of fuel tanks at the Rio Bravo Fire Station. Upon a request by Councilmember Smith, Fire Chief Needham provided an update regarding the status of the Rio Bravo Fire Station. Upon a motion Dy Councilmember Smith, the low bid from Crisp Construction Company in the amount of $29,948.16 was accepted, the other bids rejected, the Mayor authorized to execute the Contract and a $30,000 transfer from General Fund Council Contingency to the Capital Improvement Budget within the Capital Outlay Fund authorized, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni Councilmembers Peterson, McDermott, $alvaggio None None Approval of Contract No. 90-296 with Piper & De Vries, Inc., dba Omega Construction, for New Office Building for the Water Resources Facility located at 1000 Buena Vista Road, north of the Kern River Canal. Upon a motion by Councilmember Salvaggio, the low bid from Piper & DeVries, Inc., dba Omega Construction, in the amount of $962,600.00 was accepted, all other bids rejected, the Mayor authorized to execute the Contract and the appropriation of $56,000.00 fund balance to the Capital Improvement Budget within the Domestic Water Enterprise Fund authorized, by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Upon a motion by Councilmember McDermott, the issue of the reviewing the concept used for the bidding process was referred to the Budget and Finance Committee for a report back to the Council. Adoption of Resolution No. 167-90 of the Council of the City of Bakersfield determining that certain Automated Refuse Containers can be reasonably obtained from only one vendor, Toter, Inc., and authorizing the Finance Director to dispense with bidding therefor, and purchase said containers for an amount not to exceed $225,000.00. Upon a motion by Councilmember Brunni, Resolution No. 167-90 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, McDermott, Salvaggio None None None Bakersfield, California, December 19, 1990 - Page 15 DEFERRED BUSINESS Adoption of Ordinance No. 3331 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 Hosking No. 1 Annexation. (Ward 7) This Ordinance was given first reading at the meeting of November 7, 1990. Upon a motion by Councilmember Salvaggio, Ordinance No. 3331 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, McDermott, Salvaggio None None None Adoption of Ordinance No. 3332 of the Council of the City of Bakersfield amending Section 4.04.040 and Section 4.04.060 of the Bakersfield Municipal Code relating to Ward Boundaries. (WARDS 4 & 6) This Ordinance was given first reading at the meeting of November 28, 1990. Upon a motion by Councilmember Brunni, Ordinance No. 3331 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map Nos. 123-35 and 123-36 by prezoning that certain property located south of Hosking Avenue east and west of Wible Road contiguous to the boundary of the City of Bakersfield known as the Bosking No. 2 Annexation. (Ward 6) This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 71.8+/- acres of the Hosking No. 2 Annexation as an R-] (One Family Dwelling) Zone, R-1 (One Family Dwelling, 10,000 Square Feet Minimum Lot Size) Zone, C-2 (Commercial) Zone and RS (Residential Suburban) Zone. Bakersfield, California, December 19, 1990 - Page 16 First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Maps No. 123-25 and 123-36 by prezoning that certain property located north and south of Hosking Avenue, west of State Route 99 contiguous to the boundary of the City of Bakersfield known as the Hosking No. 3 Annexation. (Ward 6) This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 144.29+/- acres of the Hosking No. 3 Annexation as an R-S (Residential Suburban) Zone, R-1 (One Family Dwelling) Zone, C-1 (Limited Commercial) Zone and C-2 (Commercial) Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 123-26 by prezoning that certain property located east of Stine Road approximately 850 feet south of the Arvin-Edison Canal contiguous to the boundary of the City of Bakersfield known as the Stine No. 7 Annexation. (Ward 6) Municipal Stine No. This Ordinance amends Title 17 of the Bakersfield Code and prezones approximately 53.54 acres of the 7 Annexation as an R-1 (One Family Dwelling) Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 102-15 by prezoning that certain property located southeast of Westlake Drive and Oakhaven Street contiguous to the boundary of the City of Bakersfield known as the Oakhaven No. 1 Annexation. (Ward 4) This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 10+/- acres of the Oakhaven No. 1 Annexation as an R-1 (One Family Dwelling, 10,000 Square Feet Minimum Lot Size) Zone. Councilmember Brunni encouraged staff to actively pursue annexation of any and all properties in the area that is west of Highway 99 and south of Olive Drive, since it is beginning to urbanize in a very large manner and would be in the interest of the City to annex. Adoption of Resolution of Application No. 168-90 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 340, Hosking No. 1 Annexation. (Ward 7) 299 Bakersfield, California, December 19, 1990 - Page 17 Upon a motion by Councilmember Salvaggio, Resolution of Application No. 168-90 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, McDermott, Salvaggio None None None Adoption of Resolution of Application No. 169-90 of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 339, Wible No. 7 Annexation. (Ward 6) Upon a motion by Councilmember McDermott, Resolution of Application No. 169-90 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 170-90 of the Council of the City of Bakersfield regarding a request by the Local Agency Formation Commission to take legislative action to approve the proposed Annexation No. 4 to County Service Area No. 60 (east of State Route 99 between Seventh Standard Road and Norris Road). Upon a motion by Councilmember Peterson, Resolution No. 170-90 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 Councilmember McDermott None None Adoption of Negative Declaration for the formation of Assessment District 90-2 and construction of a water main to serve two residential areas totaling 358 acres (Paladino Water Main). Upon a motion by Councilmember Smith, the Negative Declaration with mitigation measures listed in Exhibit "A" was adopted. Bakersfield, California, December 19, 1990 - Page 18 Adoption of Resolution No. 171-90 of the Council of the City of Bakersfield describing proposed boundaries of Assessment District, directing filing of Map and Assessment Diagram and the Recordation of Notice of Assessment (Assessment District No. 90-2 - Paladino Water Main). Upon a motion by Councilmember Smith, Resolution No. 171-90 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, McDermott, Salvaggio None None None Approval of Agreement No. 90-297 with Ronald and Debbie Epperson to operate BMX Course located at Bakersfield Municipal Sports Complex. Upon a motion by Councilmember Smith, Agreement No. 90-297 with Ronald and Debbie Epperson was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-298 with Glen Grundeis for a water supply to serve property located along Kern River just east of Hart Memorial Park. Upon a motion by Councilmember Peterson, Agreement No. 90-298 with Glen Grundeis was approved and the Mayor authorized to execute the Agreement. Approval of Agreement No. 90-299, Amendment to Agreement No. 87-121 with California Sportservice, Inc., for operation of the food and beverage concessions at the Bakersfield Convention Center. Upon a motion by Councilmember DeMond, Agreement No. 90-299 with California Sportservice, Inc., was approved and the Mayor authorized to execute the Agreement. Amendments of Fiscal Year 1990-91 Operating and Capital Improvements Budgets for the City of Bakersfield, Community Development Block Grant Funds and the Central District Development Agency. Adoption of Resolution No. 172-90 of the Council of the City of Bakersfield amending Resolution No. 83-90 approving and adopting the Operating and Capital Improvements Budgets for the City of Bakersfield for Fiscal Year 1990-91. Bakersfield, California, December 19, 1990 - Page 19 Unon a motion by Councilmember McDermott, Resolution No. 172-90 of the Council of the City of Bakersfield amending Fiscal Year 1990-91 City of Bakersfield Operating and Capital Improvements Budgets was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 173-90 of the Council of the City of Bakersfield amending Resolution No. 84-90 approving and adopting the Operating and Capital Improvements Budgets for the Central District Development Agency for Fiscal Year 1990-91. Upon a motion by Councilmember McDermott, Resolution 173-90 of the Council of the City of Bakersfield amending Fiscal Year 1990-91 Central District Development Agency Budget was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Councilmember Edwards stated for the record that he would be absent on the next vote. Adoption of Resolution No. 174-90 of the Council of the City of Bakersfield amending Resolution No. 85-90 approving and adopting the Operating and Capital Improvements Budgets for Community Development Block Grant for Fiscal Year 1990-91. Upon a motion by Councilmember McDermott, Resolution No. 174-90 of the Council of the City of Bakersfield amending Fiscal Year 1990-91 Budget for the use of Community Development Block Grant Funds was adopted by the following roll call vote: Ayes: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Edwards Peterson, Adoption of Resolution No. 175-90 of the Council of the City of Bakersfield declaring the results of the Special Municipal Election for the purpose of submitting to the electors of the City an amendment to the Charter of the City of Bakersfield, Measure K, held on November 6, 1990. Bakersfield, California, December 19, 1990 - Page 20 Upon a motion by Councilmember No. 175-90 of the Council of the City of adopted by the following roll call vote: Peterson, Resolution Bakersfield was Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Certificate of Election from Kern County Clerk of Results of Canvass of City of Bakersfield Special Municipal Election for Charter Amendment Measure "K" held on the 6th day of November, 1990. Upon a motion by Councilmember Peterson, the Certificate of Election from the Kern County Clerk was received and placed on file. Appropriation of $55,000 Transportation Development (TDA) funds for a property acquisition settlement related to the Union Avenue Overcrossing Project. Upon a motion by Councilmember Salvaggio, the appropriation of $55,000 fund balance to the Capital Improvement Budget within the TDA Fund was authorized by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None City Clerk Williams stated she has, in response to the Council's procedures, prepared ballots for each of the boards and commissions on the Agenda, and she would pass them out whenever appropriate, if Council wishes to use them. City Clerk Williams advised she had additional correspondence, not yet received by Council, which was received in the City Clerk's Office after the filing period had concluded. She then distributed the material to the Councilmembers. Councilmember DeMond requested staff place in motion the requirement that each person interested in serving on a Board or Commission, including incumbents, complete an application for Council review. Two (2) appointments to the Miscellaneous Department Civil Service Board due to the expiration of term by William E. King and Barbara Donnelly, terms expiring December 31, 1990. (3-year term) City Clerk Williams announced the two candidates who received the most votes were William E. King and Barbara Donnelly. Upon a motion by Councilmember Salvaggio, E. King and Barbara Donnelly were appointed to the Miscellaneous Department Civil Service Board. William Bakersfield, California, December 19, 1990 - Page 21 Councilmember Edwards suggested fine-tuning the tabulating system for appointments to reflect the needs of the Council. Three (3) appointments to the Public Facilities Corporation due to the expiration of term by Katherine Mullen, Bob Clerico and William Hickey, terms expiring December 19, 1990. (2-year term) City Clerk Williams announced the candidates receiving the highest votes were: Ms. Mullen, fourteen (14); Mr. Clerico, fifteen (15); and Mr. Hickey, nine (9). Upon a motion by Councilmember Edwards, Katherine Mullen, Bob Clerico and William Hickey were appointed to the Public Facilities Corporation. One (1) appointment to the Police Department Civil Service Board due to the expiration of term by Kenneth E. Vetter, term expiring December 31, 1990. (3-year term) City Clerk Williams announced the candidate who received the most votes was Mr. Vetter. Upon a motion by Councilmember Peterson, Kenneth E. Vetter was reappointed to the Police Department Civil Service Board. One (1) appointment to the Citizens Convention Center Committee due to the expiration of term by Richard Prado, term expiring January 3, 1991. (3-year term) Upon a motion by Councilmember Salvaggio, Richard Prado was reappointed to the Citizens Convention Center Committee. One (1) appointment to the Fire Department Civil Service Board due to the expiration of term by Don G. Simpson, term expiring December 31, 1990. (3-year term) City Clerk Williams announced the candidate who received the most votes was Mr. Simpson. Upon a motion by Councilmember Edwards, Don G. Simpson was appointed to the Fire Department Civil Service Board. One (1) appointment to the Golden Empire Transit District due to the expiration of term by Larry Robinson, Jr., term expiring January 6, 1991. (4-year term) Councilmember McDermott made a motion to postpone the nomination on this item until January 9, 1991. In response to Councilmember McDermott's request, Mr. Larry Robinson, the City's representative on the G.E.T. Board, responded to questions of Councilmember McDermott. ,%4 Bakersfield, California, December 19, 1990 - Page 22 After much discussion, Councilmember DeMond called for the question. At the request of Councilmember Smith, Mr. Steve Ruggenberg, General Manager of the Golden Empire Transit District, was recognized and explained that, given the severe pollution issues that address our community, G.E.T.'s resolve is for a fair share of any local sales tax that is raised is in the 20 to 25 percent range. He further stated that G.E.T. is completely in support of any half-cent sales tax measure that would be passed or any local sales tax measure, which he felt was not inconsistent with the goals of the Council. The motion by Councilmember McDermott to postpone the nomination to the Golden Empire Transit District until January 9, 1991, failed by the following roll call vote: Ayes: Councilmembers Noes: Councilmembers Abstain: None Absent: None Brunni, Peterson, McDermott Edwards, DeMond, Smith, Salvaggio City Clerk Williams announced the candidate who received the highest number of votes was Mr. Robinson. Upon a motion by Councilmember Edwards, the appointment of Larry Robinson, Jr., to the Golden Empire Transit District was confirmed. Ten (10) appointments to the Community Advisory Council (Southeast Bakersfield Incentive Area) due to the expiration of terms on December 31, 1990. City Clerk Williams announced the candidates who received the highest number of votes were Mr. Bingham, Mr. Davis, Mr. Prado, Mr. Newhouse, Mr. Farthing, and there was a tie between Mr. Church and Ms. Barro. Due to the tie, City Clerk Williams announced the second tally of votes, and the candidate who received the highest number of votes was Ms. Barro. City Clerk Williams advised that it should be noted that the appointment of the City government representatives: Councilmember Edwards, Councilmember Salvaggio, Economic Development Director Wager and Economic Development Principal Planner Lyman, were all unanimous. Upon a motion by Councilmember DeMond, the appointments of Jason Bingham, Robert E. Lee Davis, Richard Prado, Douglas Newhouse, Donald R. Farthing, Mary Helen Barro, Councilmember Lynn Edwards, Councilmember Mark Salvaggio, Economic Development Director Jake Wager and Economic Development Principal Planner David Lyman, to the Community Advisory Council were confirmed. Councilmember Edwards requested Economic Development Principal Planner Lyman to contact Mr. Bill Mungary, Kern County Community Development, to arrange a meeting place for the Community Advisory Council. Bakersfield, California, December 19, 1990 - Page 23 Upon a motion by Councilmember Brunni, the follow- ing item 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, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Agreement No. 90-300 with Alfred B. Fowler, Esq., for services in the implementation of a health care pre-tax contribution plan. Upon a motion by Councilmember Brunni, Agreement No. 90-300 with Alfred B. Fowler was approved and the Mayor authorized to execute the Agreement. Councilmember Brunni stated she would like to encourage and direct staff to work toward expanding this for next year the Section 125 of the IRS Code so that our employees can benefit from paying for child care services on a pre-tax basis, as is being done this evening with the health care premiums on a pre-tax basis. It is a significant savings to employees and is a way to help them with a very large expense. Upon a motion by Councilmember DeMond, the following item which arose after the Agenda was prepared and upon which action is necessary was added to the Agenda under Closed Session by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Closed Session pursuant to Government Code Section 54956.9(a) regarding pending litigation in the case of Kinnard vs. City of Bakersfield. Upon a motion by Councilmember DeMond, Council adjourned to the City Manager's Conference Room for Closed Session at the end of the Council Statements by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, McDermott, Salvaggio Councilmember Peterson None None Bakersfield, California, December 19, 1990 Page 24 COUNCIL STATEMENTS Upon a motion by Councilmember Brunni, staff was directed to give to the Legislative and Litigation Committee copies of AB 3, Regional Government, introduced into the legislative session on December 3, 1990, by Assemblyman Willie Brown, and SB 15, introduced on December 3, 1990, by Senator McC0rgu0da]e~ having to do with the air quality district. She requested that those Bills be tracked very actively so that if there is anything necessary from the Council, they will be in a position to take immediate action, particularly on AB 3. Councilmember DeMond requested direction or input to the Council from staff regarding the communication received from the League of California Cities concerning SB 2557 relating to property taxes and booking fees. The League's recommendation was to freeze DMV registration fees for a year and then use that money to supplement the problem. Councilmember DeMond stated she doesn't see where that solves the problem at all because it really doesn't do anything but raise a tax. She stated she would like to have more imaginative input from staff than that and suggested forming a coalition to talk with other cities and, possibly, the County to come up with ideas. Councilmember $alvaggio spoke regarding a letter received from Assemblyman Trice Harvey in response to the Mayor's letter concerning the booking fee problem. He stated it would be nice if Assemblyman Harvey's letter could go over to the County with a cover letter on it. Mayor Medders reminded the Council that they had previously voted to go to Closed Session at the end of the Council Statements. The Council left the Regular Meeting to go to Closed Session at 10:00 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 10:18 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw