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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 c 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