HomeMy WebLinkAbout01/06/1988 MINUTES CCBakersfield, California, January 6, 1988
Minutes of the Special Meeting of the Council of the
City of Bakersfield, California, for the purpose of a Workshop
held in the Basement Conference Room - Annex Building at 5:15
p.m., January 6, 1988.
The meeting was called to order by Mayor Payne.
Present:
Mayor Payne.
Absent: None
Councilmembers Childs, DeMond, Smith,
Ratty, Peterson, McDermott,
Salvaggio
CITY CLERK'S OFFICE
City Clerk Carol Willjams gave a presentation on the
Clerk's Office.
Councilmember McDermott requested a report be sent to
the Council regarding the cost of tape recorders.
ADJOURNMENT
There being no further business to come beEore the
Council, Mayor Payne adjourned the meeting at 5:45 p.m.
ATTEST:
f
MAYOR o. the City of Bakersfield, Calif.
CITY CLERK and Ex 0 i io Clef o e Council
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of the City of Bakersfield, California
jlm
JAN6.sm
Bakersfield, California, January 6, 1988
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., January 6, 1988.
The meeting was called to order by Mayor Payne followed
by the Pledge of Allegiance and Invocation by Richard Williams,
Member of the Board of Deacons, First Assembly of God Church.
City Clerk Williams called the roll as follows:
Present:
Mayor Payne.
Councilmembers Childs, DeMond, Smith,
Ratty, 'Peterson,
McDermott, Salvaggio.
Absent: None
PUBLIC STATEMENTS
Dan Marble, Executive Director, Kern Bridges Youth Homes,
1901 Truxtun Avenue, spoke regarding their program.
Dr. D. C. Parks, 2639 Belle Terrace, spoke regarding
Zack Vallee's Poem and introduced Zack Vallee who presented an
award to the Mayor for the City's participation in the Addictlye
Drug Organization Foundation.
Mr. Bob Hutchinson, 5404 Claire Street spoke regarding
the sale of surplus property at Langston and Jonah Streets
~equesting that this item be deferred for two months.
Gonzalo E. Ramirez, United Community Coalition, 4021
University Avenue, spoke regarding the City Manager.
Tommie Townsend, 1010 Chester Avenue, spoke regarding
the City Manager.
A. E. "Ai" Nava, President, Kern County Hispanic Chamber
o.~ Commerce, 927 Niles Street, spoke regarding the City Manager.
Henry Rodriguez, Representative, Mexican American
Political Association (MAPA), 4301 Keith Way, spoke regarding the
City Manager.
HEARINGS
This is the time set for a continued public
hearing on an appeal by Raymond A. Sanders
to the decision of the Board of Zoning
Adjustment denying his application of
modification for the elimination of the
required off-street parking in an R-1
(One Family Dwelling) Zone, on that certain
property commonly known as 2719 Blade
Avenue.
Upon a motion by Councilmember Smith the hearing will be
continued to April 13, 1988 by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None
None
Bakersfield, California, January 6, 1988 - Page 2
This is the time set for public hearing
to consider a Resolution of the Council
of the City of Bakersfield confirming
report of Superintendent of Streets as to
work done, costs of work, and assessment
of costs for installation of curb, gutter,
sidewalk and connecting paving along Auburn
Street between Eissler Street and Piper
Way and along Eissler Street between Auburn
Street and Eissler School, adjacent to
Assessor's Parcel 146-020-26, and ordering
notices of liens delivered to County
Auditor for collection of liens with taxes.
Public Works Director Hawley gave background information
regarding street improvements along Auburn Street and Eissler
Street.
Mayor Payne declared the hearing open for public parti-
cipation.
No protests or objections being received, and no one
wishing to speak in favor, Mayor Payne closed the public portion
of the hearing for Council deliberation and action.
Adoption of Resolution No. 1-88 of the
Council of the City of Bakersfield
confirming report of Superintendent of
Streets as to work done, costs of work,
and assessment of costs for installation
of curb, gutter, sidewalk and connecting
paving along A'~burn Street between
Eissler Street and Piper Way and along
Eissler Street between Auburn Street and
Eissler School, adjacent to Assessor's
Parcel 146-020-26, and ordering notices
of liens delivered to County Auditor for
collection of liens with taxes.
Upon a motion by Councilmember Smith, Resolution No.
1-88 of the CounciZ[ of the City of Bakersfield was adopted by the
following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None
None
REPORTS
Councilmember Childs read Budget and Finance Committee
Report No. 1-88 regarding Amendment to Agreement No. 87-8
increasing the loan limits for Westminster Ceramics as follows:
On December 9, 1987 'the Budget and Finance Committee
met to discuss Amendment to Agreement No. 87-8
between the City and Westminster Ceramics.
In January 1987, City Council approved an agreement
which subordinated the City's existing loan to
Westminster to a $350,000 loan from San Joaquin
Bank. This loan was for the expansion of their
facilities. Additional improvements added while
the structure was being constructed resulted in a
total project cost of $420,000. Westminster subse-
quently requested an amendment by the City to
approve the additional. $70,000.
Bakersfield, California, January 6, 1988 - Page 3
After considerable discussion, it was determined that
subordination of the City loan was in the best
interest of the City and in accordance with
Agreement 84-32 which is the original agreement
with Westminster. The purpose of the
original agreement was to broaden the area's economic
base by assisting in the development of a ceramics
manufacturing facility. The agreement specified
that growth and expansion would continue over the
following 20 years and employment opportunities
would increase until eventually 300+ persons would
be employed. Therefore, this new loan and the sub-
ordination are in keeping with the intent and the
letter of the original contract.
Therefore, based on this consideration, this com-
mittee recommmends approval of the Amendment to
Agreement No. 87-8..
Upon a motion by Councilmember Childs, Budget and Finance
Committee Report No. 1-88 was accepted and recommendations
implemented.
Councilmember Ratty, Chairman of 'the Budget and Finance
Committee, read Report No. 2-88 regarding use of Transportation
Development Act (TDA) funds for improvements as part of the 19th
Street Specific Plan as follows:
On December 9, 198'7 this committee met to discuss
the use of Transportation Act funds for certain
eligible improvements to be constructed for the
implementation of the 19th Street Specific Plan.
It was determined that TDA funds are routinely used
in the repair and maintenance of city streets
including streets and roadways within our central
city.
This committee feels that the use of TDA funds to
make certain improvements on 19th Street would be a
worth while and cost effective use of these monies.
The use of these funds o~n 19th Street will have
additional value of causing other development and
improvements to both public and private properties.
We therefore recommend in concept, the use of TDA
funds in the amount of $250,000 to assist in the
implementation of the 19th Street Specific Plan
improvement projec't.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 2-88 was accepted and recommendations
implemented.
Councilmember Ratty, Chairman of the Budget & Finance
Committee, read Report No. 3-88 regarding Banking Services as
follows:
The Budget and Finance Committee met on November 24
and December 23, 1987, to discuss consolidation of
City banking services. Through the :summer and fall,
City staff had itemized needs and sent out a request
for proposals to area banks. After evaluating the
responses, the recommendation is to consolidate
banking services with Bank of America due to its
submitted proposal and track record of good service
on some past City accounts.
316
Bakersfield, California, January 6, 1988 - Page 4
The Budget and Finance Committee requests acceptance
of this report and approval of the recommendation
authorizing the Mayor to execute the attached
agreement.
Upon a ~motion by Councilmember Ratty, Budget and Finance
Committee Report No. 3-88 was accepted, recommendations implemented
and the Mayor authorized to execute Agreement No. 88-2.
Councilmember McDermott read Budget and Finance Committee
Report No. 4-88 regarding Golden Empire Sports Complex as follows:
On December 23, 1987, the Budget and Finance
Committee met to discuss the possi~bility of leasing
the Golden Empire Sports Complex. The proposal
submitted by the owner provides the City with the
opportunity to lease the soft ball facility at the
cost of $6,000 per month with the first right of
refusal should there be ~omeone who is desirous of
purchasing the property.
Since the time staff began negotiating this contract,
an individual has begun to lease the facility on a
month-to-month basis. Since the private sector is
providing the softball services to the public and
the terms and conditions offered by the owner of
the complex were not sufficiently advantageous to
the City of Bakersfield, it is the recommendation
of the Budget and Finance Committee that no agreement
be executed to lease the Golden Empire Sports Complex.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 4-88 was accepted.
Upon a motion by Councilmember McDermott, the issue of
an Agreement to lease Golden Empire Sports Complex was referred
back to Budget and Finance Committee.
Councilmember Ratty, Chairman of Budget and Finance
Committee, read Report No. 5-88 regarding Self-Help Program as
follows:
On March 11, 1987, the Budget and Finance Committee
Report No. 10-87 authorized staff to acquire 10 R-1
lots for the development of the Self-Help Housing
project in Tract 455.1 (Gaylene Avenue). Because of
the problems in acquiring title to these properties
from the Federal Insset Disposition Agency, Community
Development Staff investigated other sites for this
project. On September 2, 1987, staff was directed
by the Budget and Fi2nance Committee to develop the
Self-Help Project on tentative Tract 4758 (Cottonwood
and Bradshaw Street). Because the owner of the
property was in bankruptcy, the property is not
available until such time as this issue is resolved
by the owner. In a letter received from Self-Help
Enterprises (SHE) on December 10, 1987, the City
was notified that if site control was not obtained
for the Self-Help Project, SHE would initiate the
process to disencumber the funds set aside for the
Self Help Project in Bakersfield. Because site
control was not obtainable, there is no other
alternative than to agree with SHE's action.
Community Development staff will continue to develop
projects that would ultimately produce affordable
housing and we will continue to pursue other sites
that may ultimately develop into a project with SHE.
Upon a motion by Council. member Ratty, Budget and Finance
Committee Report No. 5-88 was accepted.
Bakersfield, California, January 6, 1988 - Page 5
Councilmember Childs, Chairman of Personnel Committee,
read Report No. 1-88 regarding Job Specifications for Supervisor
II (Crime Prevention), Civil Engineer IV (Streets), Personnel
Technician, Clerk-Typist I, and Clerk-Typist II. (Proposed
Amendment to Salary Resolution) as follows:
On December 22, 198'7, the Personnel Committee met
to review the changes to the job classifications
for Supervisor II (Crime Prevention), Civil
Engineer IV (Streets), Personnel Technician,
Clerk-Typist I and Clerk-Typist II.
The revisions to the Supervisor II (Crime Prevention),
recognizes the incumbent's increased responsibility
as a result of a grant from the DARE Program. The
position will also .now supervise sworn Police
Officers and civilian staff assigned to the Crime
Prevention Unit.
The Street Maintenance Superintendent has been
replaced with the Civil Engineer IV (Streets),
which defines the department's need for more flexi-
bility in the position and an individual with a
Civil Engineering background.
The Personnel Technician and Clerk-Typist I and II
were changed to be consistent with the duties and
responsibilities being performed by the incumbents.
The Committee recommends acceptance of the Report,
and adopt[on of the Salary Resolution for the
Supervisor II (Crime Prevention) and ,Civil Engineer
IV (Streets).
Upon a motion by Councilmember Childs, Personnel Committee
Report No. 1-88 wa:~B accepted.
Adoption of Resolution No. 2-88 of the Council of
the City of Bakersfield .amending Resolution No.
11-87, 23-87, and 24-87 setting salaries and
related benefits for officers and employees of the
City of Bakersfield.
Upon a motion by Councilmember Childs, the recommendations
of Personnel Committee Report No. 1-88 were implemented and
Resolution No. 2-88 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Councilmember McDermott, Chairman of the Urban Development
Committee, read Report No. 1-88 regarding Garage Conversions as
follows:
On December 10, 1987, the Urban Development Committee
met to discuss the subject of garage conversions.
A draft ordinance was reviewed that would allow the
Planning Director to permit garage conversions of
single family residences which area not less than
ten years old given certain conditions. The
Planning Director's decision would be appealable to
the City Council according to this draft ordinance.
This draft ordinance will now be sent to the
Planning Commission since all significant changes
Bakersfield, California, January 6, 1988 - Page 6
to the zoning code are reviewed by this body. The
Planning Commission will make its recommendations
regarding the ordinance and send it back to the
Urban Development Committee which will then make a
final recommendation to the City Council.
No action is required by the City Council at this
time regarding this subject other than to accept
this report.
Upon a motion by Councilmember McDermott, Urban Develop-
ment Committee Report No. 1-88 was accepted.
Oral Report regarding Air Quality.
Assistant City Manager Pulskamp gave an update on the
issue of Air Quality in Kern County.
Upon a request by Counci. lmember Salvaggio, staff will
supply a written report. Staff will look into how diesel emissions
are affecting the area and whether EPA has facts on impact.
Upon a motion by Councilmember Childs, the issue of the
disappearance of Daisy Herrera was considered an item that arose
after the agenda was prepared.
Upon a motion by Councilmember Childs, the amount of
$5,000 from the Emergency Contingency Fund was added to the
Secret Witness Program by the following vote:
Ayes:
Noes:
Absent:
Councilmember Smith, Ch~2Llds, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None.
None.
CONSENT CALENDAR
The following items were listed on the Consent
Calendar:
Approval of Warrant Nos. 3864 to 4446 inclusive,
in the amount of $3,149,668.43.
Ralph Anderson & Associates' Draft Report on
the Civil Service System. (RECEIVE AND REFER
TO THE PERSONNEL COMMITTEE)
2010 General Plan Update. (RECEIVE AND REFER
TO THE URBAN DEVELOPMENT COMMITTEE)
Communication from Roy D. Friedlos, Chief
Executive Officer, Bakersfield Community
Hospital, 901 Olive Drive, requesting correction
to the Assessor's Parcel Number for Assessment
District No. 86-2, 'from 369-030-17-01-6 to
369-030-17-02-5c. (RECEIVE AND REFER TO THE
PUBLIC WORKS DEPARTMENT)
Communication from the Convention Bureau, 1033
Truxtun Avenue, dated December 14, 1987,
expressing appreciation for Council's assistance
during the Convention Bureau's reorganization.
(RECEIVE AND PLACE ON FILE)
Bakersfield, California, January 6, 1988 - Page 7
319
Communication from Bechtel Petroleum Operations,
Inc., 28590 Highway 119, Tupman, dated December
11, 1987, submitting comments regarding the
City's "Air Quality in Bakersfield" document.
(RECEIVE AND REFER TO STAFF)
Communication from John Carollo Engineers, 450
North Wiget Lane, Walnut Creek, dated December
9, 1987, submitting a report regarding new
connection fees for Wastewater Treatment Plant
No. 3 1988 Expansion. (RECEIVE AND REFER TO
THE BUDGET AND FINANCE COMMITTEE)
Communication from Fairfax School District, 1501
South Fairfax Road, dated December 18, 1987,
regarding levying of developer fees. (RECEIVE
AND REFER TO THE BUDGET AND FINANCE COMMITTEE)
Communication from the State Department of
Conservation, Division of Mines and Geology, 1416
Ninth Street, Room 1.341, Sacramento, dated
December 15, 1987, regarding possible non-
compliance with the Alquist-Priolo Act.
(RECEIVE AND REFER TO THE PLANNING DIVISION)
Communication from the Kern County Homeless
Coalition Task Force, dated December 17, 1987,
requesting Council approve appointments to
vacancies on the Task Force. (RECEIVE AND
PLACE ON FILE)
Communication froin First Interstate Finance
Company, 707 Wilshire Blvd., Los Angeles, dated
December 21, 1987, requesting the City to act
as Issuer for the acquisition of San Joaquin
Community Hospital by Adventist Health
System/West. (RECEIVE AND REFER TO THE BUDGET
AND FINANCE COMMITTEE)
Communication froin Tandoor India Restaurant,
2014 "L" Street, regarding amendment of lease
agreement for City-owned property. (RECEIVE
AND REFER TO THE BUDGET AND FINANCE COMMITTEE)
Claim for Damages and Personal Injuries from the
following:
2.
3.
4.
w
Darrell Francis, 3104 Linden Avenue;
Frank Arthur Ponce, 2707 San Pablo;
U. S. Federal Government, 101L 17th Street;
Raymond Joseph Geniesse, Jr., 313 Oakdale
Drive;
Paul Alan Smith, 111 Silver Lane, Santa Maria:
Chris Hendricks, Route 1, Box 187;
Automobile Club of Southern California for
William Flanagan, 3401 Christmas Tree Lane;
Ronnell Hopkins, 1113 Third Street; and
Pacific Gas and Electric Company, 1918 "H"
Street.
n. Dedication of Properties:
Corporation Quitclaim Deed from the City of
Bakersfield to Tenneco Realty Development
Corporation and Public Utilities Easement
fcom Tenneco Realty Development Corporation
to the City of Bakersfield. This is an
e~change of easements located South of Ming
Avenue and East of Old River Road.
Bakersfield, California, January 6, 1988 - Page 8
Easement from the City of Bakersfield to
P.G.& E. for existing facilities within the
municipal ~farm adjacent to the East line of
Section 21, T.30S., R.28E., North of Panama
Lane.
Grant Deed from Stockdale South for land-
scape lots located between Harris Road and
Panama Lane and East of Gosford Road.
Street Right-of-Way Deed for a portion of
Fruitvale Avenue South of Olive Drive and
Grant of Easement (Water Pipeline) adjacent
to Olive Drive, East of Fruitvale Avenue
from DeVille Homes.
Grant of Easement from Morningside Ventures
for line of sight along the West side of
Akers Road south of Panama Lane.
Corporation Quitclaim Deed from the City of
Bakersfield to Tenneco Realty Development
Corporation and Road Easement from Tenneco
Realty Development Corporation to the City
of Bakersfield. This is an exchange of
right-of-way located at Commerce Drive and
Commerce Way.
7.
Street Right-of-Way Deed from Republic
Federal Savings and Loan Association for a
portion of Brimhall Road, east of Coffee
Road.
Public Utility Easement from Tenneco Realty
Development Corporation located North of
High Oak Drive and West of Scarlet Oak Blvd.
Notices of Completion and Acceptance of Work
for the following projects:
1.
Union Avenue Overcrossing Landscaping between
21st Street and Route 178, Contract No.
85-250, was completed on December 10, 1987.
Buena Vista Trunk Sewer, Contract No.
86-211, was completed on November 10, 1987.
Construction of Curb and Gutter on Hughes
Lane between Fairview Road and Earlene
Avenue, Contract No. 87-247, was completed
on December 23, 1987.
Installation of Chainlink Fence along
Madison Street ~rom Planz Road to Watts
Drive, Contract No. 87-240, was completed
on December 23, 1987.
Pin Oak Park Blvd. and Sumner Creek Road,
Contract No. 84-169, completed on December
23, 1987.
Bakersfield, California, January 6, 1988 - Page 9
Approval of Plans and Specifications for the
construction of curb and gutter on East Brundage
Lane, west of Westminster Ceramics, Williams
Street from KentLucky Street to Quincy Street,
"L" Street from 7th Street to llth Street, "M"
Street from 6th Street to 8th Street, and 10th
Street from "K" Street to "L" Street.
!Application for Encroachment Permit from the
following:
Mr. Buford K. Jones, 3401 Steinbeck Way,
requesting approval to install 2'6" wooden
fence in back of the sidewalk in front of
3401 Steinbeck Way.
Mr. Jerry Goldberg, 2600 21st Street,
requesting approval to install 6 ft. high,
~ inch square steel tube fence painted
green with no spikes or share edges and
columns with concrete blocks along 21st
Street and Pine Street. This item was
approved (Resolution No. 37-87) by the
Board of Zoning Adjustment of the City of
Bakersfield on November 24, 1987, with
following additional condition: To provide
clearance of minimum 5 feet between the
said ~ence and the curb along Pine Street,
and also placing 4'6" concrete sidewalk
behind the curb.
Mr. Tom W. Guderian, 2801 Raval Street,
requesting approval to construct an 8-inch
concrete block retaining wall with maximum
o.lf 4-ft. high along north side Cerin Way
behind sidewal~ at 2801 Judith Street·
Mr. Rick Bell, 9400 Poe Court, requesting
approval to install 6-ft. high cedar fence
along west side of Poe Lane behind the
sidewalk at 9400 Poe Court.
Mr. John Lewis, ~t. 6, Box 330, requesting
approval to install an awning (with min. 12
ft. clearance) and grease interceptor (with
app. capacity of 4000 gallons) in an alley
j~st South of Pyrenees Cafe at 601 Sumner
Street; also approval of planter, irriga-
tion system, stairs, and landing along east
side of Kern Street at the same address
(601 Sumner Street).
Improvement Agreement No. 88-3 for Parcel Map
8585 for one (1) parcel on 0.936 acres located
East o~ Calloway Drive South oE Hageman Road.
Contract Change Order No. 1, Resurfacing Gorbett
Lane between Caravalho Court and Coulter Court,
Caravalho Court between Devlin Court and Park
View Drive, and Wilson Road between White Lane
and Sage Drive.
Contract Change Order No. 2, Construction Buena
Vista Trunk Sewer, City Contract No. 86-211.
Bakersfield, California, January 6, 1988 - Page 10
Contract Change Order Nos. 4, 25, 54, 54A, 61,
and 62. Union Avenue Overhead, Contract No.
85-250.
v. Approval of Worker's Compensation Settlement.
Upon a motion by Councilmember Smith, items a, b, c, d,
e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s, t, u, and v of the
Consent Calendar were accepted with the addition of the word
"fence" in the first sentence following the word tube to item
q.2. by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
ACTION ON BIDS
Upon a motion by Councilmember Ratty, low bid from West
Covina Wholesale Nursery, in the amount of $4,427.30; Varela's
Nursery, in the amount of $1,721.44; Oki Nursery, in the amount
of $624.98; and American Wholesale Nurseries, in the amount of
$530.00, for plants and trees for Median Islands and Parks was
accepted and all other bids rejected.
Upon a motion by Councilmember Salvaggio, low bid from
ZIM Industries, in the amount of $16,360.00, to furnish and
install deep well turbine pump and motor for Ashe Water Well No.
20, was accepted, all other bids rejected and the Mayor was
authorized to execute Contract No. 88-4.
Upon a motion by Councilmember McDermott, the Annual
Contract for propane for Ag Water to Cal Gas Bakersfield was
rescinded and contract was awarded to Suburban/Vangas, in the
amount of $4,452.00 and the Mayor was authorized to execute
Contract No. 88-5.
DEFERRED BUSINESS
Adoption of Ordinance No. 3130 New Series
of the Council of the City of Bakersfield
amending Section 2.04,070 to the
Bakersfield Municipal Code relating to
the order of business.
This Ordinance was given first reading at the meeting
of December 16, 1987.
Councilmember Childs made a motion not to adopt
Resolution No. 3130.
Councilmember McDermott made a substitute motion to
adopt O~dinance No. 3130.
Councilmember DeMond requested staff prepare a quarterly
report reflecting Consent Calendar items for Award of Bids and
the dollar amounts.
Councilmember McDermott's substitute motion to adopt
Ordinance No. 3130 was approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
Councilmember Childs.
None.
Bakersfield, California, January 6, 1988 - Page 11
Adoption of Ordinance No. 3131 New Series
of the Council of the City of Bakersfield
amending Title Seventeen of the Bakersfield
Municipal Code by changing the land use
zoning of that certain property in the
City of Bakersfield located at 2660 Oswell
Street, South of State Highway 178 and
North of Bernard Street from and R-4-D
(Multiple Family Dwelling-Architectural
Design) Zone to a P.C.D. (Planned
Commercial Development) Zone.
This Ordinance was given first reading by the Council's
action at the close of the appeal hearing on this matter held
December 9, 1987.
Upon a motion by Councilmember Smith, Ordinance No. 3131
was adopted by the ~ollowing vo'te:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Adoption of Ordinance No. 3132 New Series
of the Council of 'the City of Bakersfield
adding Section 3.20.126 to the Bakersfield
Municipal Code relating to lease spaces
in City-owned parking lots and facilities.
This Ordinance was given first readi~ng at the meeting of
December 16, i987.
Upon a motion by Councilmember DeMond, Ordinance No.
3132 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Adoption of Zoning Resolution 352 of the
Council of the City of Bakersfield Granting
the Appeal of Jon Paul White from the
decision of the Board of Zoning Adjustment
approving a Conditional Use Permit, with
conditions, affecting that certain property
as hereinafter described and zoned C-0
(Commercial and Professional. Office) to
allow the sale of Christmas Trees and
sale of pumpkins on that certain property
commonly known as 2300 Oak Street.
Upon a motion by Councilmember Childs, Zoning Resolution
No. 352 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
324
Bakersfield, California, January 6, 1988 - Page 12
Adoption of Zoning Resolution No. 353 of
the Council of the City of Bakersfield
Granting the Appeal of Clifford E. Meeks
from the decision of the Board of Zoning
Adjustment denying the application
requesting a modification to permit the
elimination of the required off-street
parking spaces in an R-1 (One Family
Dwelling) Zone on that certain property
commonly known as 2805 Akers Road.
Upon a motion by Councilmember McDermott, Zoning
Resolution No. 353 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Adoption of Zoning Resolution No. 354 of
the Council of the City of Bakersfield
Granting the Appeal of Bert Justus ~rom
the decision of the Board of Zoning
Adjustment denying a modification for the
elimination of the required 10-foot side
yard setback and the reduction of the
rear yard setback £rom five feet to two
feet in an R-1 (One Family Dwelling) Zone
on that certain property commonly known
as 2600 Sunset Street.
Upon a motion by Councilmember DeMond, Zoning Resolution
No. 354 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Adoption of Zoning Resolution No. 355 of
the Council oil the City of Bakersfield
denying the Appeal of Rosemead Sanitariums
from the decision of the Board of Zoning
Adjustment Denying an application for a
Conditional Use Permit to allow the addi-
tion of a 68-room (136-bed) retirement
center to an existing 184-bed convalescent
hospital and to allow the reduction of
parking from 206 spaces to 142 spaces in
an R-1 (One Family Dwelling) Zone on that
certain property commonly known as 329
Real ~Road.
Upon a motion by Councilmember Peterson, Zoning
Resolution No. 355 was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Bakesfield, California, January 6, 1988 - Page 13
Authorization of the sale as surplus
property the City-owned former drainage
basin site located at the southwest corner
of Jonah Street and Langston Street.
Upon a motion by Councilmember Salvaggio, the property
located at the ~outheast corner of Jonah Street and Langston
Street was declared as surplus, with the sale of the property by
the City Finance Director and authorized and the proceeds
directed to the development of the Greenfield Junior High park
site by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
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 east
side of Fruitvale Avenue between Olive
Drive and the extension of Hageman Road
from a R-1 (One Family Dwelling) Zone to
an R-1-CH (One Family Dwelling-Church)
Zone.
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield
Municipal Code by changing Land Use
Zoning of that certain property in the
City of Bakersfield commonly known as
5101 l~ing Avenue from P.C.D. (Planned
Commercial Development) Zone to a revised
P.C.D. (Planned Commercial Development)
Zone.
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 south
side of White Lane approximately 600 ~eet
east of Buena Vista Road from an R-3
(Limited Multiple Family Dwelling) Zone
to an R-1 (One Family Dwelling) Zone.
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Section 14.12.390 B. of the Municipal
Code relating to sewer charges.
First Reading of an Ordinance of the
Council of the City of BakersfieLd amending
Section 2.04.010 F. of the Bakersfield
Municipal Code relating to Council
Meeting Time and Place.
First. Reading of an Ordinance of the
Council of the City of Bakersfield Adding
Section 16.32.020 F. to the Bakersfield
Municipal Code relating to Subdivision
Improvement Security.
Bakersfield, California, January 6, 1988 - Page 14
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
section 16.40,020 oi~ the Bakersfield
Municipal Code relating to Waiver of
Direct Street Access.
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Chapter 12.20 of the Municipal Code
relating to Encroachments.
Adoption of Resolution No. 3-88 of the
Council of the City of Bakersfield fixing
the dates of meetings and workshops of
the Council for the months of February,
March, April, May, June, July, August,
September, October, November, December,
1988, and January 1989.
Councilmember DeMond made a motion to adopt Resolution
No. 3-88 with the following amendments: change the meeting of
November 16 to November 30 and December 7 to December 14, and
delete the meeting of December 21.
This motion was approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Adoption of Resolution No. 4-88 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. 317, LAFCO
proceeding No. 955, Oswell No. 6
Annexation.
Upon a motion by Councilmember McDermott, Resolution No.
4-88 was adopted with the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None.
None.
Approval of Agreement No. 88-6 between
the City of Bakersfield and Minner &
Davis to provide structural and consultant
engineering services and field supervision
for the Bakersfield Police Department
Transmitter Relocation to the Bank of
America Building.
Upon a motion by Councilmember Ratty, Agreement No. 88-6
was approved and the Mayor authorized to execute the Agreement.
Approval of Commercial Lease Agreement
No. 88-7 between the City of Bakersfield
and D & J Harmon Company for work space
and one office totaling approximately
2].60 square feet at the Bakersfield
Airpark.
Upon a motion by Councilmember Salvaggio, Agreement No.
88-7 was approved and the Mayor authorized to execute the
Agreement.
Bakesfield, California, January 6, 1988 - Page 15
327
Approval of Commercial Lease Agreement
No. 88-8 between the City of Bakersfield
and Valley Propeller Company for tie down
spaces (400 sq. ft.) at the Bakersfield
Airpark.
Upon a motion by Councilmember Salvaggio, Agreement No.
88-8 was approved and the Mayor authorized to execute the
Agreement.
Approval of Supplemental Construction &
Maintenance Agreement No. 88-9 between
the City of Bakersfield and A. T. & S. F.
Railway Company for the "H" Street
Underpass Project.
Upon a motion by Councilmember Ratty, Agreement No. 88-9
was approved.
Approval of Agreement No. 88-10 between
the City of Bakersfield and P. G. & E. to
relocate overhead electrical ~acilities
in Assessment District 86-1.
Upon a motion by Councilmember Smith, Agreement No.
88-10 was approved, and the Mayor authorized to execute the
Agreement.
Declaration of ten (10) mobile homes at
6201Wible Road as surplus property.
Upon a motion by Councilmember McDermott, the property
located at 6201 was declared surplus by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
Acceptance of Letter of Understanding,
Agreement No. 88-11, regarding property
acquisition tot "H" Street Underpass at
A. T. & S. F. Project.
Upon a motion by Councilmember Ratty, Letter of
Understanding, Agreement No. 88-11, was accepted making city
properties available for the subject Project and accepting the
Separation of Grade District offfer of $220,980 as compensation
therefore.
Two appointments to the Citizen's
Auditorium Committee.
Upon a motion by Councilmember McDermo'tt, W. R. Lamb,
3601 Purdue Street, was reappointed to the Citizens Auditorium
Committee, term expiring January 6, 1995.
Upon a motion by Council2member DeMond, Richard Prado,
2304 Earlene Court, was appointed to the Citizens Auditorium
Co2mmittee, term expiring January 3, 1991.
Approval of Agreement No. 88-12 between
the City of Bakersfield and John Carollo
Engineers for Wastewater Treatment Master
Plan for the City of Bakersfield.
Upon a motion by Councilmember Smith, Agreement No.
88-12 was approved, and the Mayor authorized to execute the
Agreement.
Bakersfield, California, ,January 6, 1988 - Page 16
CLOSED SESSION
Upon a motion by Councilmember Childs, the meeting was
recessed to a Closed Session at 8:43 p.m. as follows:
Closed Session pursuant to Government Code Section
54956.9(a) regarding Sand Creek Associates, et al.
vs. City of Bakersfield and Terry L. Moreland vs.
City of Bakersfield; and
Closed Session pursuant to Government Code Section
54957 regarding Personnel Matters.
Council reconvened from Closed Session at 1:58 a.m.
Mayor Payne stated that during the Closed Session the
Council voted to terminate the services of City Manager, George
Caravalho, effective immediately by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Salvaggio, McDermott, Peterson, Smith,
DeMond.
Councilmembers Ratty, Childs.
None.
Councilmember Childs clarified his vote, stating that he
made a substitute motion that Mr. Caravalho not be terminated,
but that he be re-evaluated in 90 days. If there would be suffi-
cient proof at that time, then he should be terminated, if those
would be the desires of the Council, but he wanted to give him a
chance to correct the ills prior to any action by the Council.
Mayor Payne stated the following Council action was
taken during Closed Session:
1. The session with outside counsel relative to the
Moreland litigation was deferred by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDecmott, Salvaggio.
None.
None.
2. A motion to consider the appointment of an Interim
City Manager wets approved by the following vote:
Ayes:
Noes:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
None.
None.
3. Public Works Director Hawley was appointed Interim
City Manager by the following vote:
Ayes:
Noes:
Absent:
Councilmembers SmitTh, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio.
'None.
None.
4. The firm of Burke, Williams and Sorenson was authorized
to commence representation for the City of Bakersfield regarding
the Sand Creek litigation by the following vote:
Ayes: Councilmembers Salvaggio, Peterson, Smith, DeMond, Ratty.
Noes: Childs.
Abstain: McDermott.
Absent: None.
Bakersfield, California, January 6, 1988 - Page 17
Councilmember Childs clarified his vote, stating that he
voted no because the Council asked that the firm come before them
prior to making the decision. Because it was not possible to
interview them due to the length of the meeting, he did not feel
that he could vote in an affirmative manner until such time as
they could be interviewed.
Mayor Payne stated that during the closed session
Council discussed the appointment of an Interim City Manager with
Chief Price and Chief Needham who pledged 100% of their support
for Dale Hawley's appointment.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Childs, the meeting
adjourned at 2:02 a.m.
MAYOR of the City of l~akersfield, Calif.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the ,City of! Bakersfield, California
jlm