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HomeMy WebLinkAbout04/12/1989 MINUTES CCBakersfield, California, April 12, 1989 Minutes of a Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., April 12, 1989. The meeting was called to order by Mayor Medders. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, Councilmembers DeMond, Smith, Ratty, McDermott, Peterson, (seated at 5:50 p.m.) Salvaggio (seated at 5:45 p.m.) Councilmember Childs WORKSHOP COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. (GEORGE GONZALES) City Manager Hawley stated that this Workshop is part of the Budget Process. Funds used for this program are specifically to benefit the low and moderate income residents. 2010 GENERAL PLAN. City Manager Hawley introduced and provided background on the 2010 Plan. Planning Director Hardisty presented the 2010 Plan to the Council and provided background on the differences in the previous plan and the process to adopt the new plan. to the p.m. Upon a motion by Councilmember DeMond, Council adjourned City Manager's Conference Room for Closed Session at 5:55 CLOSED SESSION Closed Session pursuant to Government Code Section 54957, regarding Labor Negotiations with City of Bakersfield's Chief Negotiator, Bill Avery, for the Firefighters and Fire Supervisory Units. Closed Session pursuant to Government Code Section 54956.9(a) regarding Noemi Del Toro-Lopez vs. City of Bakersfield. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 6:50 p.m. MAYOR of the City of Bakersfield, C~ ATTEST: C~T¥ C~E~ an~ Ex ©ff±¢i~ ~lerk of t~e C~¢il of the City of Bakersfield, California bz Bakersfield, California, April 12, 1989 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers City Hall at 7:00 p.m., April 12, 1989. of followed Assembly The meeting was called to order by Mayor Medders by the Invocation by Reverend Pete Baker of the First of God Church and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, Councilmembers DeMond, Smith, Ratty, Peterson, McDermott $alvaggio Councilmember Childs City Attorney Saalfield stated that Councilmember Childs is still on suspension and, as such, will not be participating on any votes before the Council. For purposes of the Minutes and voting procedure, it is not necessary to reflect his absence with each vote, it will be reflected on the Minutes. MINUTES Upon a motion by Councilmember Ratty, the Minutes of the Special Meeting of March 29, 1989, and Regular Meeting of March 29, 1989, were approved. PUBLIC STATEMENTS Ms. Karen Watts, Director of Bakersfield Board of Realtors, 331 18th Street, stated that April 29 - May 26, 1989, has been proclaimed American Home Week. Ms. Watts invited the Council to the American Home Week events. The first event will be a Community Home Faire held on Saturday, April 29, 1989, at Unicorn Court, 11:00 a.m. to 5:00 p.m., and the second event will be a luncheon with the Local Government Relations Committees and the Board Officers on Tuesday, May 2, 1989, at the Petroleum Club. Mr. Jim Morin, stated that they are a physical therapy business and they desire to move into the Courthouse Racquetball Facility if the City would be willing to sublease a portion of the Courthouse. They are a sports physical therapy clinic and are also accessible as a gymnasium to handicapped people. Ms. Randi Battaglia, member of Homeless Task Force, 404 Quailridge, reinforced her support of the Homeless Center. Mr. Grover H. Waldon, 1430 Truxtun Avenue, Chairman for Bethany Service Center, encouraged the Council to approve the additional investment in the Homeless Facility. Mr. Bruce A. Ball, 407 Baker Street, Executive Director of the Bethany Service Center, expressed appreciation to the Council and the City for support of the Homeless Center project and asked for continued support. Adrienne Maria Herd, 525 Roberts Lane, representing the Housing Authority of the County of Kern, requested Council sup- port the efforts to complete the Homeless Facility and also sup- port the Housing Authority's efforts to house the homeless until the center is completed. Mr. Roy Malahowski, 5016 Pamela Street, Greater Bakersfield Legal Assistance and Homeless Task Force member, reviewed the expenses of the Homeless Center, and urged the Council to pursue this project through it completion. Bakersfield, California, April 12, 1989 - Page 2 Mr. Gene Saint-Amand, 6700 Auburn Street, Chairperson of the Homeless Coalition Task Force, read the following letter dated April 12, 1989: Honorable Mayor and Members of City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 the Council RE: Bakersfield Homeless Center Dear Mayor Medders and Members of the Council: The Homeless Coalition Task Force met for the last time Tuesday, April 11, 1989. At that meeting, the Task Force accepted the recommendations of a sub- committee as to the make-up of an Advisory Committee. This newly formed committee will be comprised of members of the Task Force Executive Committee and The Bethany Service Center. As recommended in the Homeless Coalition Task Force Report of August 11, 1987, this Advisory Committee has been formed to assist the city in program development. The Task Force would like to take this opportunity to thank the Council and City staff, particularly Community Development, for their dedication and support during the past two years. Although the Task Force has completed its prescribed objective - develop plans for a 24-hour facility and the serv- ices to be provided there - we have by no means abandoned this project. Each and every member of this group as well as the entities they represent are deeply committed to the success of this project. After a long un-anticipated delay, a construction start date is expected in the near future. The Task Force has every confidence in the newly formed Homeless Center Advisory Committee. They will be able to address any concerns that may arise during the next phase of this project. Of course, the Task Force members will remain available for advice and assistance and stand ready to implement the support services needed when the center opens. The Task Force has been in contact with a wide range of service organizations, corporations and non-profit groups who have all expressed their sup- port for our concept of a full service, 24-hour facility. We strongly urge your continued commitment to the long term resolution of the problems of the homeless, the merchants affected by these problems and to the community's desire to help those less fortunate. Very truly yours, Gene $aint-Amand Chairman Mr. B. D. Benton, 1424 17th Street, spoke regarding the past and present parking problems in Downtown. Bakersfield, California, April 12, 1989 - Page 3 HEARINGS This is the time set for a continued public hearing to consider an appeal by Jack Clare to the decision of the Board of Zoning Adjust- ment denying a Conditional Use Permit (CUP #4819) to allow an antique shop and a modi- fication to permit parking to encroach into the five foot front yard setback in a C-O (Commercial and Professional Office) Zone on that certain property commonly known as 1106 "H" Street. This hearing has been duly advertised, posted and prop- erty owners notified as required by law. This hearing was continued from the meeting of February 15, 1989. Mayor Medders declared the hearing open for public participation. Mrs. Laura Clare, 1100 Fairway Drive, stated she was ~.ot notified of the meeting and feels the City should be required to notify applicants. Ms. Clare spoke in support of the appeal; asked the City to grant her a temporary permit until January 1, 1990; and permit her to lease yearly since she is not able to lease on five-year terms. No protests 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. Upon a motion by Councilmember Peterson, the appeal was granted with the requirement that the applicant provide documen- tation of adequate parking on a yearly basis by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, This is the time set for a public hearing before the Council of the City of Bakersfield on Resolution of Intention No. 1056 declaring its intention to order the vacation of the east half of the alley in Block 284 in the City of Bakersfield. This hearing has been duly advertised and posted as required by law. Correspondence has been received from Terry Moreland, Moreland Corporation, 4520 California Avenue, dated April 11, 1989, revoking the application to vacate the east half of the alley in Block 284. As a result of the application being withdrawn, a hearing was not held on this matter. This is.the time set for a 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. Assistant City Manager Strenn provided an update. Bakersfield, California, April 12, 1989 - Page 4 Mayor Medders declared the hearing open for public participation. No protests or objections being received, and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 47-89 of the Council of the City of Bakersfield authorizing the sale of Surplus Real Property and finding that such sale is in the best interests of the City. Upon a motion by Councilmember McDermott, Resolution ~1o. 47-89 of the Council of the City of Bakersfield authorizing the sale of surplus property and finding that such sale is in the best interest of the City was approved by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, REPORTS Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 16-89 regarding Appointment of City Auditor for Fiscal Year 1988-89 as follows: On March 15, 1989, the City Council referred the issue of the appointment of City Auditor for Fiscal Year 1988-89 to the Budget and Finance Committee for review. The firm of Peat Marwick Main & Co. has performed the City's annual audit for the past two fiscal years and has expressed a desire to continue as the City's independent auditors for the 1988-89 fiscal year. The Committee met with City staff who recommend the reappointment of Peat Marwick Main & Co. for a third year with a $38,400 fee. In recent years, the City has requested audit proposals every three years. Staff has requested that in order to promote efficiency in the audit process, as well as to achieve cost effectiveness, beginning Fiscal Year 1989-90, the term for the audit contract be for a one-year period, with four one-year extensions. Therefore, this Committee recommends that the firm of Peat Marwick Main & Co. be appointed City auditor for Fiscal Year 1988-89 and that the Mayor be authorized to execute the appropriate agreement. We further recommend that beginning Fiscal Year 1989-90, the term for the audit contract be for a one-year period, with four one-year extensions. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 16-89 was accepted. Approval of Agreement No. 89-70 with Peat Marwick Main & Co., to conduct auditing services for Fiscal Year 1988-89. Upon a motion by Councilmember Retry, the recommenda- tions of Budget and Finance Committee Report No. 16-89 were implemented, Agreement No. 89-70 was approved, and the Mayor was authorized to execute the agreement. Bakersfield, California, April 12, 1989 - Page 7 Upon a motion by Councilmember Peterson, the recommenda- tions of Urban Development Committee Report No. 4-89 were implemented. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 5-89 regarding California Youth Authority Facility as follows: The California Youth Authority is considering the establishment of a detention facility in either Delano, Shafter or southwest of Bakers- field near Interstate 5 and Bear Mountain Boulevard. The Urban Development Committee has reviewed this matter with Police Chief Patterson and found that siting of such a facility would not be detrimental to the City. And, in fact, certain benefits would likely be realized by the City. A 1,800 bed juvenile detention center would have approximately 1,050 employees. Of them, approxi- mately 40 percent would be hired locally. The annual payroll would exceed $40,000,000. Construction cost would be between 180 to 200 million dollars. The operational budget of 7.2 million dollars would include the purchase of food and supplies. A review of crime rates shows that counties with prisons generally have lower crime rates. However, considering their locations, it is obvious that the prisons have negligible effect on crime rate. It should also be noted that less than one percent of inmates' families move to be near them. As for escapees, including accidental releases, there were only 35 out of 72,000 inmates in California last year. It is recommended that the Council authorize the mayor to send a letter to the State encouraging the siting of the California Youth Authority facility in Kern County with a preference indicated for the southwestern site. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 5-89 was accepted. Upon a motion by Councilmember McDermott, the recommen- dations of Urban Development Committee Report No. 5-89 were implemented. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 6-89 regarding Adult Bookstores as follows: The City Attorney's office has reviewed recent amendments to state law and court decisions relative to adult book stores. The City Attorney has recommended adoption of the attached ordinance to maintain consistency between state law, court decisions and the Municipal Code. These changes would not change the city's basic policy of regulating adult book stores. The definitions of "harmful matter" and "matter" would be amended to refer to the Penal Code since state law changes these from time to time. Thus the city's definition would always be current. The definitions of "adult motion picture theater" and "adult mini-motion picture theater" would be amended in response to a recent court decision Bakersfield, California, April 12, 1989 - Page 8 which held that must be "adult" "adult". a preponderance of a theater's films films in order to label the theater It is recommended that the Council approve this as first reading of the ordinance. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 6-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Subsections B. and C. of Section 5.06.010 and Subsections E. and F. of Section 17.69.020 of the Bakersfield Municipal Code Relating to Adult Bookstores. Upon a motion by Councilmember McDermott, the recommen- dations of Urban Development Committee Report No. 6-89 were implemented and First Reading given to an ordinance of the Council of the City of Bakesfield amending Subsections B. and C. of Section 5.06.010 and SuDsections E. and F. of Section 17.69.020 of the Bakersfield Municipal Code relating to Adult Bookstores. Councilmember Smith read Urban Development Committee Report No. 7-89 regarding Encroachment Permits as follows: The Municipal Code authorizes the City Engineer to grant permits for encroachments into the public right-of-way. These are generally for minor items of little consequence, such as canopies, fences and architectural features on the surfaces of buildings. However, other more substantial structural encroach- ments may also be allowed. The Public Works Director believes that structural encroachments for buildings into the right-of-way at or above grade, should be reviewed by and approved by the City Council before the City Engineer grants an encroach- ment permit for construction of such significance in the right-of-way. The Urban Development Committee agrees with the Public Works Director's proposal, which would be implemented by adoption of the attached ordinance. It is recommended that the City Council approve this report and give first reading to the attached ordinance. Upon a motion by Councilmember Smith, Urban Development Committee Report No. 7-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 12.20.035 to the Bakersfield Municipal Code relating to Encroachments. Upon a motion by Councilmember Smith, the recommenda- tions of Urban Development Committee Report no. 7-89 were implemented and First Reading given to an ordinance of the Council of the City of Bakersfield adding Chapter 12.20.035 to the Bakersfield Municipal Code relating to Encroachments. Councilmember Peterson read Urban Development Committee Report No. 8-89 regarding Uniform Fire Code as follows: Bakersfield, California, April 12, 1989 - Page 5 Upon a motion by Councilmember Ratty Budget and Finance Report Committee Report No. 17-89 regarding the ~akersfield Courthouse Racquetball Facility was deferred back to committee and staff for review. Councilmember McDermott read Budget and Finance Committee Report No. 18-89 regarding the Homeless Facility as follows: On February 15, 1989, the City Council referred the issue of the additional $400,000 cost for the Homeless Facility to the Budget and Finance Committee for review. The Committee has met with staff, who have explained the reasons for the increased costs. This information was also presented to the full Council at a Workshop on March 29, 1989. This Committee has expressed concerns regarding the increased costs of this project, as well as the extent of the financial commitment and partic- ipation by the County of Kern and the corporate community in this project. However, staff has indicated that every effort will be made to contain costs and pursue additional support from the County and the business community necessary to make this project a reality. Therefore, this Committee recommends that: The City proceed with the Homeless Facility project, including the Night Shelter, Administration Building, Day Center, Family Shelter and other improvements necessary to complete Phase I and Phase II of the project; and 2 o That staff make every effort to contain costs for construction of the facility, including the additional donation of materials and in-kind services; and That the additional funding required to complete the project be provided in the following public/private partnership: $100,000 $100,000 $200,000 City of Bakersfield County of Kern Private contributions by individuals and/or businesses $400,000 Total Appropriate $100,000 of 1988 Unobligated Community Development Block Grant Funds for the City's share of this project. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 18-89 was accepted. Upon a motion by Councilmember McDermott, dations of Budget and Finance Committee Report No. implemented by the following roll call vote: the recommen- 18-89 were Ayes: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Bakersfield, California, April 12, 1989 Page 6 Councilmember $alvaggio read Personnel Committee No. 2-89 regarding New and Revised Job Specifications and Salaries as follows: Report At its meeting of April 5, 1989, the Personnel Committee approved the following: I. New Job Specifications and Salaries: 1) Development Associate (506) 2) Development Assistant (507) 3) Trades Assistant (Equipment) (446) II. Revised Job Specifications 1) Trades Assistant (447) 2) Maintenance Craftworker I (420) 3) Engineer II (515) These actions have been approved by the Miscellaneous Civil Service Board. These changes are title and specification changes only and do not reflect an increase in the complement of personnel in the respective divisions. The Personnel Committee requests acceptance of the report and adoption of the salary resolution. Upon a motion by Councilmember Salvaggio, Personnel Committee Report No. 2-89 was accepted. Adoption of Resolution No. 48-89 of the Council of the City of Bakersfield amending Resolution No. 6-89 setting salaries and related benefits for Officers and Employees of the City of Bakersfield. Upon a motion by Councilmember Salvaggio, the recommen- dations of Personnel Committee Report No. 2-89 were implemented, and Resolution No. 48-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, $alvaggio None None Councilmembers Childs Councilmember Peterson read Urban Development Committee Report No. 4-89 regarding Ward Boundaries and Population as follows: The Planning Department has reviewed estimated populations of the wards with the Urban Development Committee to consider whether the ward boundaries should be adjusted. The chart used in our review is attached to this report for reference. It shows that the ward populations are still within the legal parameters for citizen representation. Therefore, it is recommended that the ward boundaries not be changed at this time. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 4-89 was accepted. Bakersfield, California, April 12, 1989 - Page 9 Chapter 15.64 of the Municipal Code is based on the 1985 Uniform Fire Code. The 1988 edition of the Uniform Fire Code has been published to update the previous edition and an ordinance (attached to this report) has been prepared for its adoption. The updated code has been published adopted by the Western Fire Chiefs Association and the International Conference of Building Officials. The Fire Marshal has reviewed the provisions of the ordinance with the Urban Development Committee to add a reasonable degree of flexibility in fire protection as well as some special provisions necessary to supplement the code for the city. A public hearing is required prior to adoption of the code. It is recommended that the Council direct the City Clerk to publish notice of a public hearing to consider adoption of the ordinance and give first reading to the ordinance. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 8-89 was accepted. Upon a motion by Councilmember Peterson, the recommenda- tions of Urban Development Committee Report No. 8-89 were imple- mented. Upon clarification by Councilmember McDermott, the or~[i- nance was not given first reading. The Clerk was directed to schedule a public hearing. Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 8-89 regarding the formation of a Parks and Recreation Board as follows: A request by the Bakersfield Parks and Recreation staff regarding the formation of a city-wide Parks and Recreation Committee was referred to the Auditorium and Community Services Committee. The Committee met with staff to discuss this issue. After much review and discussions with everyone concerned, it was determined that the formation of a city-wide Parks and Recreation Board would provide an excellent means for citizen input. The City Attorney was directed to prepare a draft ordinance creating the Board consisting of seven members, each of whom shall be appointed by councilmember of his/her respective ward and appointed by the City Council. The term of office shall be four years, to run concurrently with the term of the Councilmember from the same ward. Based on the above, this committee recommends the formation of the Board as directed by the attached Ordinance and considered as first readin~ Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 8-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 2.60.060 to the Bakers- field Municipal Code, relating to the Formation of a Citizen's Parks and Recreation Committee. Bakersfield, California, April 12, 1989 - Page 10 Upon a motion by Councilmember Peterson, the recommenda- tions of Auditorium and Community Services Committee Report No.. 8-89 were implemented and First Reading given to an Ordinance of the Council of the City of Bakersfield adding Section 2.60.060 to the Bakersfield Municipal Code, relating to the formation of a Citizen's Parks and Recreation Committee. Chairperson Committee Report No. follows: Smith read Auditorium and Community Services 9-89 regarding Charitable Solicitations as At the January 4, 1989, City Council meeting, the issue of amending the Ordinance of the Bakersfield Municipal Code relating to charitable solicitations was referred to the Auditorium and Community Services Committee. The Committee met with staff to discuss this issue. After several meetings and much review, it was determined that this amendment of the charitable solicitations ordinance eliminates the require- ment for disclosure by the soliciting party of information which is not necessary for the issuance of the solicitation permit, and which was cumbersome both for the solicitor and the City to gather and investigate. The amendment also elim- inates the requirement that the solicitor main- tain records for a period of one year following the expiration of the permit, and eliminates the requirement that the solicitor furnish the City with a financial statement following the solicitation. On behalf of the Police Department, A. M. Anderson, Assistant Chief, reaffirmed the need for the solicitation ordinance as a means of pro- tection for the citizens of Bakersfield. On numerous occasions, the police have been called by citizens who were concerned as to the legiti- macy of door-to-door solicitors. Without the ordinance, police have no effective law to assist them against illegal and unwanted solicitors. Based on the above, and with concern for citizens of Bakersfield, this Committee recommends the Solicitation Ordinance be amended as directed by the attached Ordinance and considered as first reading. Upon a motion by Councilmember Smith, Auditorium and Community Services Committee Report No. 9-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Subsection C. of Section 5.18.040, Subsection B. of Section 5.18.050, Sections 5.18.10 and 5.18.170 and repealing Section 5.18.180 of the Bakersfield Municipal Code relating to charitable solicitations. Upon a motion by Councilmember Smith the recommendations of Auditorium and Community Services Committee Report No. 9-89 were implemented and First Reading given to an Ordinance of the Council of the City of Bakersfield amending Subsection C. of Section 5.18.040, Subsection B. of Section 5.18.050, Sections 5.18.10 and 5.18.170 and repealing Section 5.18.180 of the Bakersfield Municipal Code relating to charitable solicitations. Bakersfield, California, April 12, 1989 - Page 11 CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 7339 to 7776 inclusive, in the amount of $1,118,460.88. b. Communications: Communication from Rick Garcia, Agent for Joe Leon, Zoom Graphics and Technical Art, 2820 Alder Street, dated March 24, 1989, requesting abandonment of the east four (4) feet of Inyo Street between California Avenue and Alpine Streets. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Paul Meyer, Stockdale Annex Mutual Water Company, 5655 California Avenue, dated March 28, 1989, requesting that their firm be considered to connect to the City's Ash Water system for emergency back-up only. (RECEIVE AND REFER TO WATER RESOURCES COMMITTEE) c. Maps and Improvement Agreements: Agreements Nos. 89-71 with California Harvest Shops, Inc., for Tract 5087 for 59 lots on 29.13 acres located at the northeast corner of Scarlet Oak Blvd. and McInnes Blvd. Agreements Nos. 89-72 and 89-73 with California Harvest Shops, Inc., for Tract 5097 for 24 lots on 8.54 acres located at the southeast corner of Pin Oak Park Boulevard and south of Laurelglen Boulevard. o Agreements Nos. 89-74 and 89-75 with California Harvest Shops, Inc., for Tract 5099 for 31 lots on 10.14 acres located north of White Lane and east of Old River Road. Agreements Nos. 89-76 and 89-77 with Fruitvale Properties for Tract 5130 Phase 1 for 130 lots on 38.59 acres located at the northeast corner of Hageman Road and Patton Way. d. Approval of Plans and Specifications for: 1. Installation of gas and diesel fuel tanks at the Rio Bravo Fire Station. Improvement and widening of Gilmore Avenue at Pierce Road and resurfacing of 19th Street from "N" Street to Union Avenue. Construction of Madison Street between Brook Street and White Lane. 4. Jenkins Park irrigation and security lighting systems. Bakersfield, California, April 12, 1989 - Page 12 Agreements Nos. 89-78 and 89-79, approval of Program Supplement Nos. 41 and 42 to Local Agency State Master Agreement No. 06-5109 covering FAU projects M-F254(1) for resurfacing of 19th Street from "N" Street to Union Avenue, and M-F322(2) for improve- ment and widening of Gilmore Avenue at Pierce Road. Special Facilities Contract No. 89-80 with Centercal Properties to allow Centercal, as developer, to be reimbursed for oversizing water mains along Truxtun Avenue and Coffee Road. Agreement No. 89-81 with Keil & Avery for Negotiations and Consultant Services in Employer-Employee Relations. Agreement No. 89-82 with Glendale Federal Savings and Loan Association to perform various services regarding the City's Deferred Compensation Plan. Award annual Contract No. 89-106 for paint and supplies for Community Development Division to Ameritone Paint Center in the amount of $8,752.84 and reject other bids. Upon a motion by Councilmember McDermott, Items a, b, c, d, e, f, g, h, and i of the Consent Calendar were approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, $alvaggio None None Councilmember Childs ACTION ON BIDS Street Patch Truck for Public Works (Replacement). Upon the amount of and the other a motion by Councilmember DeMond, the low bid in $64,124.80 from Three-Way Chevrolet was accepted bid rejected. Agreement No. 89-83 with Turman Construction Co., for Wastewater Treatment Plant No. 2, landleveling of 140 acre parcel. Upon a motion by Councilmember Salvaggio, the award to Odis Dykes, Inc. was rescinded and the next lowest bidder, Turman Construction Co., in the amount of $30,100.00 was accepted and the Mayor was authorized to execute the Contract. Adoption of Resolution No. 49-89 of the Council of the City of Bakersfield determining that a certain hazardous gas detector can be reasonably obtained from only one Vendor, HNU Systems, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $7,000.00. Bakersfield, California, April 12, 1989 - Page 13 Upon a motion by Councilmember DeMond, Resolution No. 49-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio None None Councilmember Childs Peterson, Adoption of Resolution No. 50-89 of the Council of the City of Bakersfield determining that certain digester pump parts can be reasonably obtained from only one vendor, Lawrence Pump & Engine Co., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $12,200.00. Upon a motion by Councilmember Peterson, Resolution No. 50-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, Adoption of Resolution No. 51-89 of the Council of the City of Bakersfield determining that certain pump replacement parts can be reasonably obtained from only one vendor, Flo-Systems Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $20,250.00. Upon a motion by Councilmember DeMond, Resolution No. 51-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Ratty, Peterson, McDermott, $alvaggio Councilmember Smith None Councilmember Childs Removing and disposing of four (4) abandoned underground tanks at various locations on City-owned property. Upon a motion by Councilmember McDermott, the contract awarded to Dames & Moore on March 15, 1989, was rescinded; the next lowest bidder RLW Equipment in the amount of $12,975.00, was accepted; staff was authorized to proceed against the bid bond from Dames & Moore; and the Mayor was authorized to execute the new contract with RLW Equipment. Upon a motion by Councilmember McDermott, Council reconsidered the vote on Resolution No. 51-89. Adoption of Resolution No. 51-89 of the Council of the City of Bakersfield determining that certain pump replacement parts can be reasonably obtained from only one vendor, Flo-Systems inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $20,250.00. Bakersfield, California, April 12, 1989 - Page 14 Upon a motion by Councilmember Smith, Resolution No. 51-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, DEFERRED BUSINESS Adoption of Ordinance No. 3213 of the Council of the City of Bakersfield amending Section 2.52.020 of the Muni- cipal Code relating to terms of members of the Citizen's Auditorium Committee. This Ordinance was given first reading at the meeting of March 29, 1989, with Auditorium and Community Services Committee Report No. 6-89. Upon a motion by Councilmember Peterson, Ordinance No. 3213 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Childs Adoption of Ordinance No. 3214 of the Council of the City of Bakersfield amending Sections 3.20.060, 3.20.090 and 3.20.100 of the Bakersfield Municipal Code relating to Purchasing. This Ordinance was given first reading at the meeting March 29, 1989, with Budget and Finance Committee Report No. 12-89. of Councilmember McDermott made a motion to adopt Ordinance No. 3214 of the Council of the City of Bakersfield. Councilmember Salvaggio made a substitute motion to change the Oral Quotes and Open Market to $1,000 as delineated Alternative 3. The motion failed by the following roll call: vote: Ayes: Councilmembers Peterson, Salvaggio Noes: Councilmembers Smith, DeMond, Ratty, McDermott, Abstain: None Absent: Councilmember Childs Councilmember McDermott's motion to adopt Ordinance No. 3214 of the Council of the City of Bakersfield was approved by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott Noes: Councilmember Salvaggio Abstain: None Absent: Councilmember Childs Peterson, Adoption of Ordinance No. 3215 of the Council of the City of Bakersfield repealing Section 6.04.240 of the Bakersfield Municipal Code relating to entry on property by animal control officers. Bakersfield, California, April 12, 1989 - Page 15 This Ordinance was given first reading at the meeting of March 29, 1989, with Budget and Finance Committee Report No. 13-89. Upon a motion by Councilmember DeMond, Ordinance No. 3215 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, $alvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, Adoption of Ordinance No. 3216 of the Council of the City of Bakersfield amending Section 16.32.060 F. of the Bakersfield Municipal Code relative to fees for construction of bridges or major thoroughfares pursuant to Section 66484 of the Map Act. This Ordinance was given first reading at the meeting of March 29, 1989. Upon a motion by Councilmember Ratty, Ordinance No. 3216 of the Council of the City of Bakersfield was adopted by the fol- lowing roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Childs NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located on the north side of Hageman Road between Coffee Road and Patton Way from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling). On March 16, 1989, the Planning Commission conducted a public hearing and recommended approval of the proposed zone change, amendment to the Rancho Laborde Specific Plan and associ- ated negative declaration. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the northeast corner of Camino Media and Old River Road from an A (Agricultural) Zone to a C-O (Commercial and Professional Office) Zone. On March 16, 1989, the Planning Commission conducted a public hearing and recommended approval of the proposed zone change and associated negative declaration. Bakersfield, California, April 12, 1989 - Page 16 Adoption of Resolution No. 52-89 of the Council of the City of Bakersfield delegating authority to the City Manager to sign public employee retirement system applications for disability retirement. Upon a motion by Councilmember DeMond, Resolution No. 52-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, Adoption of Resolution No. 53-89 of the Council of the City of Bakersfield appropriating $2,000 of seized property revenue to the General Fund, Police Department budget, for a contribution to the Kern County Pros For Youth for the purpose of combating the use of illegal drugs among youth in the City of Bakers- field and the County of Kern. Upon a motion by Councilmember Peterson, Resolution No. 53-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Childs Adoption of Resolution No. 54-89 of the Council of the City of Bakersfield to give the Subdivider of Parcel Map 6868 Notice to Proceed with the Work under Improvement Agreement No. 84-119. Upon a motion by Councilmember McDermott, Resolution ~o. 54-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, $alvaggio Noes: None Abstain: None Absent: Councilmember Childs Peterson, Agreement No. 89-85 with BSK & Associates for site assessment for hazardous materials at 410 E. Planz Road on the Bakersfield Airpark. Upon a motion by Councilmember $alvaggio, Agreement No. 89-85 and the Mayor was authorized to execute the Agreement and appropriate $9,520.00 of FAA Grant Revenue to the Economic Development budget by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Childs Peter son, Bakersfield, California, April 12, 1989 - Page 17 Agreement No. 89-86 with BSK & Associates for site assessment for hazardous materials and buried rubble at the City Police Pistol Range. Upon a motion by Councilmember McDermott, Agreement No. 89-86 was approved and the Mayor was authorized to execute the Agreement. Consideration of salary adjustment from Step 4 to Step 5 for City Manager. Upon a motion by Councilmember Smith, the salary adjust- ment from Step 4 to Step 5 for City Manager effective March 1, 1989 was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Childs Two (2) vacancies on the Central District Development Agency. One vacancy due to the expiration of term by William Paynter, term expiring April 22, 1989. One vacancy due to the expiration of term by Mel Rubin, term expiring April 22, 1989. Upon a motion by Councilmember McDermott, William Paynter and Mel Rubin were appointed to the Central District Development Agency, term expiring April 22, 1993. One (1) vacancy on the Planning Commission due to the expiration of term by David Cohn, term expiring April 17, 1989. Upon a motion by Councilmember Ratty, David Cohn was reappointed to the Planning Commission, term expiring April 17, 1993. Compromise and Settlement Agreement No. 89-87 with Pennzoil Products Company. Upon a motion by Councilmember McDermott, Agreement No. 89-97 was approved and the Mayor was authorized to execute the Agreement. COUNCIL STATEMENTS Council support for Assembly Bill 1242, regulating the sale or rental of X-rated videos and R-rated videos to minors. (Salvaggio) Councilmember Salvaggio asked that on the next Council Agenda and at that time Legislative Committee. this item be placed refer it to the Councilmember $alvaggio referred the "No Trespassing" signs at the area of South H Road and Calcutta Street to Chief Patterson. issue of posting Street, Pacheco Bakersfield, California, April 12, 1989 Page 18 Councilmember $alvaggio expressed his appreciation for Chief Needham for his additional work he has taken on during the past year. Councilmember Peterson also expressed his appreciation to Chief Needham. Upon a motion by Councilmember Peterson, the issue of a vacancy on the Historic Preservation Commission was considered as an item that arose after the agenda was prepared and requires action at this meeting by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Councilmember Childs Upon a motion by Councilmember Peterson, Gwen Hare was nominated on the Historic Preservation Commission. Upon a motion by Councilmember Smith, to explore the cost of a feasibility study for ter. staff was directed a future arts c~n- Upon a motion by Councilmember Ratty, the placement and upgrade of the City's telephone system was referred to the Budget and Finance Committee for review. Upon a motion by Councilmember Ratty, the review and possible funding sources for Fiscal Year 1989-90 Budget was referred to the Urban Development Committee. Councilmember McDermott commended the D.A.R.E. Program for the Beautiful Bakersfield Committee commendation. Councilmember McDermott requested staff set up a program for the Council to promote the City of Bakersfield in the County islands. Councilmember McDermott volunteered to go out with staff and promote the City. Councilmember DeMond stated she is supportive of giving her time to promote the City of Bakersfield. Councilmember DeMond stated that when staff does studies on the Cultural Arts Center everyone will be considered. Upon a motion by Councilmember DeMond, the issue of blight and further deterioration in Downtown was referred to the Urban Development Committee. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Ratty, the meeting was adjourned at 9:15 p.m. ? MAYOR of the City of Bakersfield, C~ ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz