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HomeMy WebLinkAbout08/30/1989 MINUTES CC127 Bakersfield, California, August 30, 1989 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., August 30, 1989. The meeting was called to order by Mayor Medders, followed by the Invocation by Ken Keith, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, None Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Calendar: The Do CONSENT CALENDAR following items were listed on the Approval of Warrant Nos. 323 to 1088 inclusive, in the amount of $3,127,584.23. Minutes of the Closed Session and Regular Meeting of August 9, 1989, for approval. Communications: Communication from Debbie S. Kerwin, Commercial Project Manager, Coleman, 5251 Of f i c e P a r k Dr i v e, Suite 200, dated August 9, 1989, regarding abandonment of easement located on the north side of California Avenue, 250 feet east of Chester Lane. (RECEIVE AND REFER TO PLANNING DEPARTMENT) Communication from B. E. Cain, Trustee, the Mayme M. Cain Trust c/o Rod Longino, Waggoner & Associates, Inc., 2222 "E" Street, dated August 10, 1989, requesting vacation of drainage easement located on the north side of Fairview Road, west of Golden State Highway. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Carol Williams, City Clerk, dated August 21, 1989, setting forth new Appeal Hearing procedures. (RECEIVE AND PLACE ON FILE) Consent Bakersfield, California, August 30, 1989 - Page 2 fe Dedication of Property: Street Right-of-Way Deed No. 3138 from William and Ruby Young for additional right-of-way for a portion of Wible Road and White Lane at the northwest corner of White Lane and Wible Road. Maps and Improvement Agreements: Final Map and Improvement Agreements Nos. 89-186 and 89-187 with EPCO, Inc., for Trac t 51 0 7, P h a s e 1 , consisting of 78 lots on 15.15 acres located south of Panama Lane and east of South "H" Street. Final Map and Improvement Agreement No. 89-188 with Oceanic Communities, Inc., for Tract 5103, consisting of 104 lots on 36.80 acres located west of Gosford Road and south of Ming Avenue. Improvement Agreement No. 89-189 with Oceanic Communities, Inc., for Parcel Map 9077, consisting of 5 parcels on 31.15 acres located at the northeast corner of District Boulevard and Ride Street. Notices of Completion and Acceptance of Work for the following: Traffic signal system on E1 Portal Drive at Ming Avenue, Contract No. 89-98, completed August 14, 1989. Monitor sump ext en s ion , No. 89-1 62, August 4, 1989. storm drain Contract completed Parcel Map No. 7668, located at Woodmere Drive and west of Stine Road, Contract No. 88-106, completed August 4, 1989. Parcel Map No. 8490, located south of Ardmore Avenue and west of Akers Road, Contract No. 87-281 , completed August 11, 1989. Bakersfield, California, August 30, 1989 - Page 3 ge Parcel Map No. 8809, located at Woodmere Drive and approximately 1/4 mile west of Stine Road, Contract No. 88-271, completed August 4, 1989. Parcel Map No. 8881, located at Woodmere Drive and west of Stine Road, Contract No. 89-52, completed August 4, 1989. Tract No. 4849, Unit B, located south of North Laurelglen Boulevard and east of Brookside Drive, Contract No. 86-179, completed July 12, 1989. Tract No. 5034, Unit 3 (landscaping), located south of Hageman Road and east of Calloway Drive, Contract No. 88-279, completed August 11, 1989. Approval of Plans and Specifications for: Widening of the Calloway Drive Bridge over the F r i ant - Ke r n Canal HES-0029 (17). e Installation of an 18" diameter sewer line from 1 6th Street along Oak Street, California Avenue, Elm Street, Chester Lane, and Beech Street to Bank Street. Construction of the College Avenue retaining wall from Janene Way to Flintridge Drive. Contract Change Order No. 1, Contract No. 89-132, with Do-Da Electric, 235 Pine Street, for construction of Jenkins Park security lighting system. Agreement No. 89-190 with 1100 Mohawk Partnership to convert approximately 220 lineal feet of the Carrier Canal located east of Mohawk Street, to concrete box culvert. Agreement No. 89-191 with Arvin-Edison Water Storage District to construct a bridge and for right-of-way across the District's canal at Westwold Drive. Bakersfield, California, August 30, 1989 - Page 4 km Agreement No. 89-192, Amendment to Agreement No. 89-2 with the U.S. Department of Commerce, Economic Development Administration (EDA) for Wastewater Treatment Plant No. 3 Expansion Grant. Accept low bids for furniture for the Civic Auditorium offices and meeting rooms from Advanced Business Interiors (53 items, $19,213.94), Sam Yocum, Inc. (15 items, $4,282.77), Eastman, Inc. (8 items, $733.52), Elite Interiors (4 items, $465.76), and reject other bids. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, j, k, and 1 of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None PUBLIC STATEMENTS Mr. Harold D. Figard, 1921 Harbor, spoke regarding inadequate parking spaces for the handicapped. He proposed that the Council support the formation of a special unit consisting of handicapped persons to police the handicapped parking spaces and that the parking violation fine be increased to $200. Upon a motion by Councilmember McDermott, the matter of handicapped parking problems was referred to the Police Chief. Mr. Ron Brummett, Director of American Planning Association, Central Section Chapter, 1401 19th Street, Suite 200, stated that the City of Bakersfield has won the Section Award for the Central Section of California. Mr. Brummett presented a plaque in honor of that award for the Kern River Parkway Program. The City also received Honorable Mention at the Chapter level. Ms. Stacy Zimmerman, 4124 DeEtte Avenue, spoke in opposition to Harris No. 5 annexation. Mr. Steve Ruggenberg, General Manager of the Golden Empire Transit (GET) District, 1830 Golden State Highway, explained amendments to Assembly Bill No. 2184 and the impact on GET. Upon a motion by Councilmember Salvaggio, the issue of Assembly Bill No. 2184 was considered as an item that arose after the Agenda was prepared and required action at this time. Councilmember Salvaggio made a motion thatCity Manager communicate with Senator Rogers immediately in support of Assembly Bill No. 2184. The motion was approved. Bakersfield, California, August 30, 1989 - Page 5 Mr. Michael Keate, 4207 Renee Avenue, spoke in opposition to Harris No. 5 annexation. Ms. Joanne Wilhite, Royal Palm Park, 4312 Jewetta, spoke in opposition to the City Council Ordinance pertaining to Kern City. Ms. Vi Munson, 6316 wolfe Creek Drive, spoke regarding Kern City. Mr. Hurshell T. Brown, 2708 Houchin Road, spoke in opposition to ambulance rate increase and water rate increase. Councilmember Peterson made a motion to move forward Item 9b of the Agenda to be heard at this time. Upon a substitute motion by Councilmember DeMond, Deferred Business Items 9a and 9b of the Agenda were moved forward to be heard at this time. DEFERRED BUSINESS An Ordinance 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 Harris No. 5 Annexation (WARD 6). This Ordinance was of July 19, 1989, and was August 9, 1989. given first reading at the meeting deferred from the meeting of Councilmember McDermott made a motion to adopt an ordinance 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 Harris No. 5 Annexation (Ward 6). The motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, McDermott, Salvaggio Councilmembers DeMond, Ratty, Peterson Councilmember Anthony Mayor Medders An Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located in "Kern City" from an R-1 (One Family Dwelling) Zone to an R-1 -SC (One Family Dwelling-Senior Citizen) Zone; from an R-2 (Limited Multiple Family Dwelling) Zone to an R-2-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; from an R-2-D (Limited Multiple Family Dwelling- Architectural Design) Zone to an R-2-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; from an R-3 (Limited Multiple Family Dwelling) Zone to an R-3-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone; and from a P.U.D. (Planned Unit Development) Zone to an R-2-SC (Limited Multiple Family Dwelling-Senior Citizen) Zone. Bakersfield, California, August 30, 1989 - Page 6 This Ordinance was given first reading at the meeting of August 9, 1989. Correspondence has been received from Carol Bogue, 612 Cherry Hills Drive, dated August 25, 1989, regarding her previous correspondence of July 30, 1989, in opposition to the senior citizen zoning of Kern City. Upon a motion by Councilmember Peterson, the Ordinance regarding zoning for Kern City was referred to the Planning Commission with the two amendments as follows: (1) Adding to the definition of "qualifying resident" owners of property in the zone on the date the zone change becomes effective, and (2) Adding to the definition of "qualified permanent resident" persons inheriting property within the Senior Citizen Zone. HEARINGS This is the time set for a continued public hearing regarding amendment to the Land Use Element of the General Plan, Zone Change and proposed environmental documents concerning: SEGMENT I: Charles Ulbrich's request to amend the Bakersfield Metropolitan Area General Plan to Commercial and rezone from R-3-D to C-2 a 41,000+/- square foot site located along the west side of Oswell Street between Bernard Street and Pico Avenue. This hearing was continued from the meeting of August 9, 1989. This hearing has been duly advertised, posted and the property owners notified as required by law. Communication has been received from Charles Ulbrich, Venture Properties, dated August 25, 1989, requesting to defer his appeal until the next regularly scheduled Council meeting, September 13, 1989. Communication was received on August 28, 1989, from Dana S. Munn, 4906 Ojai, in opposition to the requested General Plan Amendment. Upon a motion by Councilmember Smith, the hearing was continued to the Council meeting of September 13, 1989. Bakersfield, California, August 30, 1989 - Page 7 This is the time set for a public hearing to consider an appeal by Gary L. Wanagitis to the decision of the Board of Zoning Adjustment denying a Modification (MOD #4910) to permit required off-street parking within the 25-foot front yard setback where the existing garage has been converted into living space on that certain property commonly known as 5901 Diamond Oaks Avenue. Correspondence has been received from Jane McFadden, dated August 14, 1989, protesting the garage conversion. This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. Gary Wanagitis spoke in support of the appeal. No protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember Smith made a motion to grant the appeal and approve the modification. Councilmember Ratty made a substitute motion to uphold the decision of the Board of Zoning Adjustment and enforce the ordinance. The motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty Councilmembers Smith, Anthony, Salvaggio None None Peterson, McDermott, The motion by Councilmember Smith to grant the appeal was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Peterson, McDermott, Councilmembers Anthony, DeMond, Ratty None None Salvaggio This is the time set for hearing objections from any person owning real property within the Ashe No. 1 Annexation on the matter of inclusion of all portions of the proposed Ashe No. 1 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto. There is related action making findings and ordering the territory designated as Proceeding No. 1002, Annexation No. 333, Ashe No. 1, annexed to the City of Bakersfield. (Ward 6.) This hearing has been duly advertised, posted and the property owners notified as required by law. Bakersfield, California, August 30, 1989 - Page 8 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. 147-89 of the Council of the City of Bakersfield making findings and ordering the territory designated as Proceeding No. 1 002, Annexation No. 333, Ashe No. 1, annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District when contiguous thereto. (Ward 6.) Upon a motion by Councilmember McDermott, Resolution No. 147-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio None None None Ratty, This is the time set for hearing objections from any person owning real property within the Stine No. 5 Annexation on the matter of inclusion of all portions of the proposed Stine No. 5 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto. There is related action making findings and ordering the territory designated as Proceeding No. 1001, Annexation No. 332, Stine No. 5, annexed to the City of Bakersfield. (Ward 6.) This hearing has been duly advertised, posted and the 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. 148-89 of the Council of the City of Bakersfield making findings and ordering the territory designated as Proceeding No. 1001 , Annexation No. 332, Stine No. 5, annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District when contiguous thereto. (Ward 6.) Upon a motion by Councilmember McDermott, Resolution No. 148-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Bakersfield, California, August 30, 1989 Page 9 This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within territory designated as Allen No. 1, proposed to be annexed to the City of Bakersfield, and the time set for hearing objections from any person owning real property within the Allen No. 1 Annexation on the matter of inclusion of all portions of the proposed Allen No. 1 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District when contiguous thereto. (Ward 4.) Correspondence has been received from Michael H. McAlister, 2104 "H" Street, dated August 17, 1989, and Harvey L. Hall, 11701 Palm Avenue, dated August 18, 1989, protesting the Allen No. 1 Annexation. It should be noted the Clerk has been notified these two individuals are not property owners within the area. Correspondence has also been received from Mr. William James, Jr., and Mrs. Linda Rutherford, 1730 Greenhaven Street, dated August 24, 1989, protesting the Allen No. 1 Annexation. This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. Mr. Terry Coats, 11501 Pine Haven Avenue, spoke in opposition to the annexation. Ms. Jerry Moffitt spoke in opposition to the annexation. No further 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. Mr. Jack Hardisty, Planning Department, stated for the record that there was a protest received from Mr. Jack Rutherford and the value of his protest as compared to the value of the assessed land is 3/10 of one percent, and Mr. Coats' property is similar and perhaps will get 6/10 of one percent. Mr. Coats spoke in opposition to the annexation. Adoption of Resolution No. 149-89 of the Council of the City of Bakersfield making findings that insufficient written protests have been filed and ordering the territory designated as Proceeding No. 1000, Annexation No. 331, Allen No. 1, annexed to the City of Bakersfield and included within the Greater Bakersfield Separation of Grade District when contiguous thereto. (Ward 4.) Bakersfield, California, August 30, 1989 Page 10 Upon a motion by Councilmember Ratty, Resolution No. 149-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, REPORTS Councilmember Anthony read Budget and Committee Report No. 40-89 regarding identification of material in City facilities as follows: Finance asbestos On August 9, 1989, the Council referred the issue of identification of asbestos material to the Budget and Finance Committee for review. The Committee has reviewed these issues with the City Attorney and the City Manager. They explained that the City needed to develop a coordinated and proactive approach for the identification and removal of asbestos in City facilities. This can be best accomplished by the establishment of a policy concerning asbestos testing and mitigation. Therefore, the Committee recommends that the City Council establish a policy by resolution which includes the following: All City facilities will be evaluated; Testing sites will be prioritized according to criteria regarding the risk to employees; Based on test results, a mitigation plan will be formulated; Mitigation measures will be undertaken based upon the risk to employees. Upon a motion by Councilmember Anthony, Budget and Finance Committee Report No. 40-89 was accepted. Adoption of Resolution No. 150-89 of the Council of the City of Bakersfield establishing a policy concerning asbestos testing and mitigation. Upon a motion by Councilmember Anthony, Resolution No. 150-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Bakersfield, California, August 30, 1989 - Page 11 Councilmember McDermott read Budget and Finance Committee Report No. 41-89 regarding Certificates of Participation for the acquisition and rehabilitation of two nursing care facilities as follows: On August 9, 1989, the Council referred correspondence seeking assistance of the City in issuing certificates of participation for the acquisition and rehabilitation of two nursing homes from attorneys representing AMG International, to the Budget and Finance Committee for review. They also requested an Inducement Resolution for Tax Exempt Certificates of Participation not to exceed $9 million. The Health Care Division of AMG International is a non-profit corporation which has proposed that the City provide financing for the acquisition of two skilled nursing care facilities located within the City, specifically the Hilltop and Colonial Care Centers. These two facilities currently provide approximately 337 beds and have approximately 315 employees. The Committee has reviewed this request with City staff who explained that the City may assist with this type of financing in order to provide essential health care services and facilities to the residents of the City, and to aid in containing costs for health care services by providing low interest financing which may enable the corporation to establish lower rates and charges. The City would act as a conduit for the certificates with no obligation of the City of Bakersfield. The City would receive an issuers fee not to exceed 4/10ths of 1% and, in addition, the Health Care Division of AMG International would enter into a PILOT (Payment in Lieu of Taxes) Agreement with the City of Bakersfield to assure continued payment of ad valorem taxes. If the Council adopts the attached Inducement Resolution, a TEFRA (Tax Equity Fiscal Responsibility Act of 1982) Hearing will be scheduled, at which time the City Council will be presented with the related financing documents. Therefore, the Committee recommends that the City Council adopt the Inducement Resolution concerning the execution and delivery of certificates of participation to finance certain health care facilities for AMG International. Bakersfield, California, August 30, 1989 - Page 12 Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 41-89 was accepted. Mr. Steve Hewing, President Corporation, 317 Strathford Drive, Texas, National Care Corporation. of National Care spoke on behalf of Adoption of Resolution No. 151-89 of the Council of the City of Bakersfield concerning the execution and delivery of Certificates of Participation to finance certain health care facilities for AMG International. Upon a motion by Councilmember ~cDermott, Resolution No. 151-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Mayor Medders recessed the meeting at 8:45 p.m., and the meeting reconvened at 8:55 p.m. Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 5-89 regarding flag burning as follows: At the July 12, 1989, meeting of the City Council, a request was made for the City of Bakersfield to adopt regulations which would prevent flag burning. The Legislative Committee has met on this highly emotional issue. Political leaders at both the state and national levels are attempting to protect the symbol that epitomizes that for which America stands while guaranteeing First Amendment rights of American citizens. A Constitutional amendment as well as a federal statute have been proposed and are being reviewed to see what ramifications they might have on the United States Constitution. The Legislative Committee commends the efforts of state and national leaders to effectively prohibit flag burning while protecting American political expression. Therefore, the Legislative Committee recommends that the City Council accept this report and adopt the resolution supporting efforts to protect the American flag from desecration. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 5-89 was accepted. Mr. Tom Walsh asked the Council to consider directing citizens to speak out and sign petitions. Bakersfield, California, August 30, 1989 - Page 13 Adoption of Resolution No. 152-89 of the Council of the City of Bakersfield supporting efforts of state and national leaders to effectively prohibit desecration of the American flag. Upon a motion by Councilmember DeMond, Resolution No. 152-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember McDermott read Legislative Committee Report No. 6-89 regarding Senate Bill 1424 (Parking and Business Improvement Area Law of 7989) as follows: A request from the Mayor of the City of Salinas for support for SB 1424 (the Parking and Business Improvement Area Law of 1989) was referred to the Legislative Committee by the City Council for review and comment. The Legislative Committee has reviewed the bill and possible effects it may have on the City of Bakersfield. One of the provisions of SB 1424 would allow the levying of assessments for property related improvements and activities upon businesses located and operating in a business district of a city. The passage of SB 1424 would not affect the City of Bakersfield Downtown Improvement District which is funded through business licenses. The Legislative Committee recommends that no action be taken on the request from the City of Salinas to support SB 1424 as the bill does not directly affect the City of Bakersfield. It further recommends that the City Council accept this report and implement its recommendation. Upon a motion by Councilmember McDermott, Legislative Committee Report No. 6-89 was accepted. Councilmember Salvaggio read Legislative Committee Report No. 7-89 regarding Assembly Bill 1242, Minors: Harmful Matter: Videos, as follows: Existing law makes it a misdemeanor, or a felony, to provide or exhibit defined harmful matter of a sexual nature to any minor, as specified, and with certain exceptions. AB 1242 makes provisions on harmful matter applicable to video recordings. It further requires any person who sells or rents video recordings of harmful matter to create an area for the placement of these recordings in a location labeled "adults only." Bakersfield, California, August 30, 1989 Page 14 At the request of the City Council, the Legislative Committee has reviewed the bill and finds that it is in keeping with other City Council legislation regarding the display of harmful matter to minors. The Legislative Committee therefore recommends the City Council accept this report, support AB 1242, and direct the City Manager to notify our state legislators of this position. Upon a motion by Councilmember Salvaggio, Legislative Committee Report No. 7-89 was accepted. Councilmember Salvaggio, Chairperson of the Water Resources Committee, read Report No. 4-89 regarding adoption of resolution and management plan for the Bakersfield Educational Studies Area and 2800 Acre Recharge Facility as follows: On November 30, 1988, the City Council adopted the Kern River Parkway Plan and established the Bakersfield Educational Studies Area to provide for educational and environmental studies along the Kern River corridor. To implement this plan, on March 1, 1989, the City Council created the Bakersfield Educational Studies Area Advisory Committee to provide expertise and advice to the City regarding management of the areas. A major purpose of the Advisory Committee was to formulate a long-range plan to protect and manage those City properties containing significant environmental and educational values. Since that time the Water Resources Committee, City Staff and the Advisory Committee have been working to formalize this long-range management plan. Pursuant to the objectives of the Kern River Parkway Plan, the proposed Management Plan submitted with this report recognizes the priorities necessary for flood control and water conservation while at the same time providing for the long-range protection and enhancement of the Kern River floodplain for present and future generations. With the above information, the Water Resources Committee recommends that the City Council receive this Report and adopt the attached Resolution and Management Plan for the Bakersfield Educational Studies Area and 2800 Acre Recharge Facility. Upon a motion by Councilmember Salvaggio, Water Resources Committee Report No. 4-89 was accepted. Adoption of Resolution No. 153-89 of the Council of the City of Bakersfield and establishing goals for the Bakersfield Educational Studies Area and 2800 Acre Recharge Facility. Bakersfield, California, August 30, 1989 - Page 15 Upon a motion by Councilmember Salvaggio, Resolution No. 153-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio None None None Ratty, Ambulance Ambulance Councilmember Peterson, Chairperson of Service Committee, read Report No. 1-89 Companies' Service Areas as follows: the Ad Hoc regarding At the Council meeting of August 9, 1989, the Council established this Committee and referred to this Committee the issue of a change in the boundary line between the service areas of the two ambulance companies. The Committee met with the City Attorney and City Manager on August 21st to review this matter. Staff has also met with Fred Drew, Kern County's Director of the Emergency Medical Services Department, and received his input. Based upon these meetings, the Committee has determined that: It is likely that the County EMS, not the City, has legal authority to implement a change in the boundary line. Mr. Drew is committed to redrawing the boundary line, unilaterally if the ambulance companies do not agree, and will report back to the Council as to progress made at the Council's meeting on September 13th. Pending Mr. Drew's report to the Council and the continuing legal analysis of the City's authority to act vis-a-vis this matter, it is appropriate that neither the Committee nor the Council take further action on this issue and no action is recommended. The Committee recommends that the Council approve this report. Councilmember Peterson made a motion to accept Ad Hoc Ambulance Service Committee Report No. 1-89. Councilmember McDermott made a substitute motion to reject Ad Hoc Ambulance Service Committee Report No. 1-89 and refer the matter back to the Budget and Finance Committee. The motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Anthony, Ratty, McDermott Councilmembers Smith, DeMond, Peterson, Salvaggio None None Bakersfield, California, August 30, 1989 Page 16 Ambulance following The motion by Councilmember Peterson to accept Ad Hoc Service Committee Report No. 1-89 was approved by the roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Councilmembers Anthony, Ratty, None None Peterson, Salvaggio McDermott Services ordinance Councilmember Smith read Auditorium and Community Committee Report No. 11-89 regarding proposed relating to prohibited acts in parks as follows: The issue of amending the Ordinance relating to Prohibited Acts in Parks was referred to the Auditorium and Community Services Committee. On August 24, 1989, this Committee met with staff to discuss this issue. Complaints have been received from users and residents of neighboring parks that baseballs and other potentially harmful projectiles were being thrown in the parks. This Committee feels these objects should not be allowed and that the Ordinance should be amended to prohibit those objects. Based on the above, this Committee recommends the Prohibited Acts in Parks Ordinance be amended as directed by the attached Ordinance and considered as first reading. First Reading of an Ordinance of the Council of the City of Bakersfield amending Subsection A of Section 12.56.050 of the Bakersfield Municipal Code relating to Prohibited Acts in Parks. Upon a motion by Councilmember Smith, Auditorium and Community Services Committee Report No. 11-89 was accepted, and First Reading given to an Ordinance of the Council of the City of Bakersfield amending Subsection A of Section 12.56.050 of the Bakersfield Municipal Code relating to Prohibited Acts in Parks as amended to include "allow throwing of baseballs but prohibiting the hitting of baseballs." Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 12-89 regarding the Fox Theatre Third Report as follows: It is the intent of this report to inform the City Council of an issue currently being addressed by the Auditorium and Community Services Committee. It is for informational purposes only and will be followed, in due course, by a fiaal report. Bakersfield, California, August 30, 1989 Page 17 During the City Council meeting of January 4, 1989, the Auditorium and Community Services Committee recommended and the Council voted in favor of allocating $1 5,000 from the Council Contingency Fund for the purpose of researching the Fox Theatre for potential purchase. The City was provided access to the facility in mid-April. To date, a hazardous materials report, preliminary title search and appraisal document have been completed. A complete set of original architectural plans has been located with copies provided to assist in the research of the facility. The most recent development has been a request for proposal document seeking qualified consultants to provide proposals for development of an architectural master plan study concerning possible restoration of the Bakersfield Fox Theatre. Items included in the scope of work are site inspections, listings of restoration materials including fixtures and equipment, itemized construction estimates, stagecraft requirements and options for restoration of original or existing interior decor. During the week of July 10, 1989, requests for proposal documents were mailed to fifteen architectural firms. Seven were local, five (5) to Southern California and three (3) to the Midwest. Of the fifteen, nine firms provided representation at the mandatory job site inspection on July 28, 1989. Seven firms submitted proposals by the August 8, 1989, deadline. Upon review of the seven submittals, the firm of Daniel P. Coffey and Associates of Chicago, Illinois, provided the low bid and is recommended by staff to complete the master plan study. Mr. Coffey's firm has an impressive background in restoration work including theatres such as Radio City Music Hall in New York, Chicago Theatre and the Carolina Theatre in Greensboro, North Carolina. Mr. Coffey is tentatively prepared to begin work with a site inspection and potential user meeting on September 6, 1989. The completed master plan study should be available by mid-October. Upon completion, City Staff will again review the research material and provide their findings to the Auditorium and Community Services Council Committee. With the above in mind, this Committee would like to go on record as being in favor of Daniel P. Coffey and Associates to complete a master plan study. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 12-89 was accepted. Bakersfield, California, August 30, 1989 - Page 18 ACTION ON BIDS Stacking chairs (1000) for the Civic Auditorium. Upon a motion by Councilmember DeMond, the low bid from Virco Manufacturing in the amount of $51,887.00 was accepted and the other bid rejected. Forty-one (41) Lightbars and Sirens for Police Department (40 new, ~ replacement). Upon a motion by Councilmember McDermott, the low bid from Pursuit Specialties in the amount of $46,366.95 was accepted and the other bid rejected. Shotguns, Pistols and Accessories for Police Department. Upon a motion by Councilmember Anthony, the low bids from Traders Tactical (60 pistols and ammunition, $30,738.63) and Adamson Equipment Co. (65 shotguns, $15,636.86) were accepted and all other bids were rejected. Approval of Contract No. 89-193 with West Valley Construction Co., Inc., in the amount of $28,937.50 for sewer relocation at County Administration Building site. Upon a motion by Councilmember DeMond, the low bid from West Valley Construction Co., Inc., in the amount of $28,937.50 was accepted, all other bids rejected, and the Mayor was authorized to executed the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3249 of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties located on the northeast corner of South Chester Avenue and Richland Street from a C-1-D (Limited Commercial-Architectural Design) Zone to a C-2 (Commercial) Zone. This Ordinance was given first reading at the meeting of August 9, 1989. Upon a motion by Councilmember Anthony, Ordinance No. 3249 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Bakersfield, California, August 30, 1989 - Page 19 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the northeast corner of Buena Vista Road and Ming Avenue from a C-2 (Commercial), C-0 (Commercial and Professional Office), R-3 (Limited Multiple Family Residential) and R-2 (Limited Multiple Family Residential) Zones to an R-1 (One Family Dwelling) Zone. Adoption of Resolution No. 154-89 of the Council of the City of Bakersfield superseding Resolution No. 112-89 approving the Memorandum of Understanding setting salaries and related benefits for Fire Fighters and Engineers of the Fire Department of the City of Bakersfield. Approval of Contract No. 89-194 with the Bakersfield Fireman's Labor Organization, for Memorandum of Understanding setting salaries and related benefits for Fire Fighters and Engineers of the Fire Department of the City of Bakersfield. Upon a motion by Councilmember Salvaggio, Resolution No. 154-89 of the Council of the City of Bakersfield was adopted, Contract No. 89-194 was approved, and the Mayor was authorized to execute the Contract by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Adoption of Resolution No. 155-89 of the Council of the City of Bakersfield superseding Resolution No. 111-89 approving the Memorandum of Understanding setting salaries and related benefits for Fire Captains of the Fire Department of the City of Bakersfield. Approval of Contract No. 89-195 with the Bakersfield Fireman's Labor Organization, for Memorandum of Understanding setting salaries and related benefits for Fire Captains of the Fire Department of the City of Bakersfield. Upon a motion by Councilmember Salvaggio, Resolution No. 155-89 of the Council of the City of Bakersfield was adopted, Contract No. 89-195 was approved, and the Mayor was authorized to execute the Contract by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, D eMond, Peterson, McDermott, Salvaggio None None None Ratty, Bakersfield, California, August 30, 1989 - Page 20 Adoption of Resolution No. 156-89 of the Council of the City of Bakersfield amending Section 9(D) of Resolution No. 10-89 adopted on January 18, 1989, setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Upon a motion by Councilmember DeMond, Resolution No. 156-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Adoption of Resolution No. 157-89 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. 334, LAFCO Proceeding No. 1010, Stine No. 6 (Ward 6). Upon a motion by Councilmember McDermott, Resolution No. 157-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, ~eMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Resolution No. 158-89 of the Council of the City of Bakersfield approving the applications for grant funds for the Trail Grant Program under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 for acquisition of real property in the Kern River Parkway for Open Space areas for equestrian and bicycle trails, and rest and staging area. Upon a motion by Councilmember Salvaggio, Resolution No. 158-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, De Mond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Adoption of Resolution No. 159-89 of the Council of the City of Bakersfield approving the applications for grant funds for the Trail Grant Program under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 to restripe and channelize certain streets for Class II bicycle lanes in the City of Bakersfield. Bakersfield, California, August 30, 1989 - Page 21 Upon a motion by Councilmember Peterson, Resolution No. 159-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio None None None Ratty, Adoption of Resolution No. 160-89 of the Council of the City of Bakersfield approving the filing of an application for grant funds for the per capita grant program under the California Wildlife, Coastal and Park Land Conservation Act of 1988 for the development of the Kern River Parkway. Upon a motion by Councilmember Salvaggio, Resolution No. 160-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Adoption of Resolution No. 161-89 of the Council of the City of Bakersfield superseding Resolution 23-89 to include a boycott of meetings in the Cities of Berkeley and San Jose, California. Upon a motion by Councilmember McDermott, Resolution No. 161-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Adoption of Resolution No. 162-89 of the Council of the City of Bakersfield amending the boundaries of the City of Bakersfield Domestic Water Service Areas. Upon a motion by Councilmember Salvaggio, Resolution No. 162-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio None None None Ratty, Adoption of Resolution No. 163-89 of the Council of the City of Bakersfield ordering the summary vacation of the drainage easement in Parcel 2 of Parcel Map No. 4821 adjacent to Fairview Road, west of Golden State Highway, in the City of Bakersfield. Bakersfield, California, August 30, ~989 - Page 22 Upon a motion by Councilmember No. 163-89 of the Council of the City adopted by the following roll call vote: Salvaggio, Resolution of ~akersfield was Ayes- Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, Peterson, McDermott, DeMond, Ratty, Salvaggio Adoption of Resolution No. 164-89 of the Council of the City of Bakersfield authorizing Fuel Efficient Traffic Signal Management (FETSIM) Program Grant Application. Upon a motion by Councilmember McDermott, Resolution No. 164-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Approval of Agreement No. 89-196, amendment to Service Agreement No. 82-134 with Carl Warren and Company for outside claims administration. Upon a motion by Councilmember Peterson, Agreement No. 89-196 was approved and the Mayor was authorized to execute the Agreement. Approval of Agreement No. 89-197 with County of Kern for sewer maintenance and sewage transport, treatment and disposal. (Portion of County Service Area 71.) Upon a motion by Councilmember Ratty, No. 89-197 was approved and the Mayor was authorized the Agreement. Agreement to execute Approval of Agreement No. 89-198 with Thorne Environmental for the completion of the site characterization of the airpark property associated with pesticide contamination adjacent to the existing crop dusting facility. Upon a motion by Councilmember Salvaggio, Agreement No. 89-198 was approved and the Mayor was authorized to execute the Agreement and appropriate $25,000.00 from F.A.A. grant revenue by the following roll call vote: *See Below. Approval of Agreement No. 89-199 with Daniel P. Coffey and Associates, Ltd., for evaluating the opportunities and difficulties inherent in the use of the Fox Theatre as a multipurpose mid-size facility for the perfor~ning arts. *Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Bakersfield, California, August 30, 1989 - Page 23 Upon a motion by Councilmember Peterson, No. 89-199 was approved and the Mayor was authorized the Agreement by the following roll call vote: Agreement to execute Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Sale of Surplus Pickup to the City of Arvin. Upon a motion by Councilmember DeMond, the sale of the surplus pickup was approved. One vacancy on the Civil Service Commission, due to the resignation of William Jing, term expiring December 31, 1990. Upon a recommendation by Councilmember McDermott, nominations to the Civil Service Commission will be made by the September 13, 1989, Council meeting, and appointments will be made at the September 27, 1989, Council meeting. One (1) appointment to the Citizens' Parks and Recreation Committee. Upon a motion by Councilmember Anderson was appointed to the Citizens' Parks Committee. McDermott, Don and Recreation One (1) appointment to Masonry (URM) Committee. Representative.) the Unreinforced (Councilmember Since most of the buildings are in the Central Business District, the Council representative from Ward 2 would be appropriate. Upon a motion by Councilmember Salvaggio, Councilmember DeMond was appointed to the Unreinforced Masonry Committee. COUNCIL STATEMENTS Councilmember Smith requested staff report back regarding long-range plans for abandoned landfill. Councilmember Smith requested research into the possibility of a paved shoulder on Highway 178 and the possibility of having Highway 178 designated as a scenic highway east of Fairfax. Upon a motion by Councilmember Smith, the long-range plans for the abandoned landfill, the paving of the shoulder on Highway 178, and designating Highway 178 as a scenic highway were referred to the Planning Commission. Upon a motion by Councilmember McDermott, the request by the Kern Agricultural Foundation for a Resolution of Support was referred to the Budget and Finance Committee. Upon a motion by Councilmember DeMond, the matter of the lights on the outside near the front steps and along the Eye Street side of City Hall was referred to staff. Bakersfield, California, August 30, 1989 - Page 24 Councilmember Salvaggio inquired as trucks parking at White Lane and E1 Potrero. Councilmember Salvaggio inquired as the parking lot at the bike path on Manor. to the status of to the status of ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 10:30 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California kdsc