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HomeMy WebLinkAbout11/15/1989 MINUTES CCBakersfield, California, November 15, 1989 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., November 15, 7989. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers None Anthony, DeMond, Smith, Ratty (seated at 5:25 p.m.), Peterson, McDermott, Salvaggio (seated at 5:20 p.m.) Mr. David Milazzo of the Bakersfield Art Foundation Board of Directors spoke regarding working towards accreditation and stated that their physical facility needs to be modified by adding an administration and classroom area and a humidified air conditioned vault and work area. He stated they would be expanding the gallery by using property to the east of the present building. Mr. Jack Hardisty, Planning Director, introduced Mr. Ted James from the County of Kern and then explained various documents and information relating to the 2010 General Plan, which were given to Councilmembers. Mr. Jack Hardisty explained the purpose of the special meeting scheduled for December 14, 1989, which is to consider the 2010 General Plan and to take comments and requests from the public. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 5:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA kdsc Bakersfield, California, November 15, 1989 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of ~' ~lty Hall at 7:00 p.m., November 15, 1989· The meeting was called to order by Mayor Medders, followed by the Invocation by Randy Rankin, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Abs~_nt. None INTRODUCTION Mayor Medders introduced the student body presidents from nine area high schools who will serve as Mayor, City Council and City Manager counterparts for this Council meeting as follows: Jamie Brady, Community Christian, Mayor; Scott Stanley, Bakersfield High, Ward 1; Shondra Wonderly, Garces High, Ward 2; Carolyn Ferris, Highland High, Ward 3; Eric Mueller, North High, Ward 4; Katie Dezember, West High, Ward 5; Nate Cooper, East Bakersfield High, Ward 6; Christine Koffs, South High, Ward 7. The City Manager is Diego Reese from Foothill High. Mayor Medders introduced Conni Brunni and Lynn Edwards, the two newly elected Councilmembers. Calendar: CONSENT CALENDAR The following items were listed on the Approval of Warrant Nos. inclusive, in the $1 ,081 ,866.73. 3056 to 3467, amount of b. Minutes of the Workshop and Regular Meeting of November 1, 1989, for approval. c. Communications: Communication from Cal-Colorado, Inc., P. O. Box 40310, dated October 9, 1989, requesting abandonment of the alley between "N" and "M" Streets, north of ~4th Street. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Ray Trichell, P. O. Box 40310, dated October 9, 1989, requesting conveyance of a small parcel of property located on property at 2101 White Lane. (RECEIVE AND REFER TO PUBLIC WORKS) Consent Bakersfield, California, November 15, 1989 - Page 2 Communication from DeWalt-Porter Civil Engineering, 2340 Niles Street, dated October 27, 1989, requesting two additional points of access on property located at the southwest corner of Ashe and White Lane. (RECEIVE AND REFER TO PUBLIC WORKS) Approved by separate action following adoption of the Consent Calendar. d. Dedication of Properties: 1. DELETED. Two Quitclaim Deeds, Nos. 3152 and 3153, to County of Kern for right-of-way along Wilson Road (formerly Louise Avenue) between Elliott Street and South Union Avenue. Street Right of Way Deed No. 3154 from Panorama Highlands and Quitclaim Deed No. 3155 to Panorama Highlands for a portion of Panorama Drive between Morning Drive and Juniper Ridge Road. Deed No. 31 56, Sewer Line Easement (Permanent) from CenterCal Properties, Inc. , located east of Coffee Road and south of Truxtun Avenue. Partial Reconveyance for the domestic water well lot (#62 of Tract No. 5035) from Paramount Capital Corp. to River Ranch Estates. f. ~ap and Improvement Agreements: Final Map and Improvement Agreement Nos. 89-250 and 89-251 with Buena Vista Development for Tract 4861, consisting of 72 lots on 15.169 acres located south of White Lane and east of Buena Vista Road. Bakersfield, California, November 15, 4989 Page 3 Final Map and Improvement Agreement Nos. 89-252 and 89-253 with Oceanic Communities, Inc., for Tract 5098, consisting of 46 lots on 16.5 acres located at the northeast corner of White Lane and Park View Drive. g. Approved by separate action following adoption of the Consent Calendar. See Resolution No. 194-89 on page 17. h. Notices of Completion and Acceptance of Work for the following: Concrete Block Pumphouse for Pump Plant No. 19, Contract No. 89-179, completed November 6, 1989. e Concrete Block Pumphouse for Pump Plant No. 25, Contract No. 89-1 69, completed November 6, 1989. Contract Change No. 89-231 with site grading at Fire Station. Order No. I Contract Whitten Excavation for the proposed Stine Road Contractor's Agreement No. 89-254 with James D. Pierce for piloting and command of patrol aircraft. Contractor's Agreement No. 89-255 with Patrick A. House for piloting and command of patrol aircraft. Contractor's Agreement No. 89-256 with Edward M. Kelly for piloting and command of patrol aircraft. me Agreement No. 89-257 with Arvin-Edison Water Storage District to construct a sewer line and for right-of-way across the District's canal. Councilmember McDermott made a motion to remove Item c.4.. of the Consent Calendar, Communication from Barbara Patrick, dated November 7, 1989, submitting her resignation from the Planning Commission, effective immediately, for separate consideration. Councilmember Salvaggio made a motion to remove Item d.1. of the Consent Calendar, Improvement Agreement No. 89-258 with Milton Rudnick for GPA 3-89 Segment IV and Zone Change 4923 (South "H" and Panama Lane), for separate consideration. Bakersfield, California, November 15, 1989 Page 4 The motion by Councilmember McDermott to remove Item c.4. of the Consent Calendar for separate consideration was approved. Item g of approved. The motion by Councilmember Salvaggio to remove the Consent Calendar for separate consideration was Upon a motion by Councilmember Demond, Items a, b, c, d, e, f, h, i, j, k, 1, and m, with the deletion of Item d.l., and removal for separate consideration of Items c.4. and g, were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, De Mond, Peterson, McDermott, Salvaggio None None None Ratty, Councilmember McDermott made a motion that a need for action arose after the Agenda was posted, "To open the process for applications to fill the vacancy generated by the resignation of Barbara Patrick from the Planning Commission." This motion was approved by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, Peterson, McDermott, DeMond, Ratty, Salvaggio Councilmember McDermott made a motion to open the Planning Commission "application process" at tonight's meeting. The motion was approved by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Upon a motion by Councilmember Salvaggio, Improvement Agreement No. 89-258 with Milton Rudnick for GPA 3-89 Segment IV and Zone Change 4923 (South "H" and Panama Lane) was approved. Upon a motion by Councilmember DeMond, communication from Barbara Patrick, dated November 1 , 1 989, submitting her resignation from the Planning Commission, effective immediately, was received and placed on file. PUBLIC STATEMENTS Ms. Donna Hayes spoke regarding handicapped parking. Mr. Robert Ashbeck, 4283 County Club Drive, spoke regarding handicapped parking. Mr. Donald W. Aukland, 3708 Balboa Drive, spoke regarding handicapped parking. Councilmember Salvaggio requested staff to meet with Mr. Aukland to discuss assist in any way they can. Police Department his concerns and 223 Bakersfield, California, November 15, 1989 - Page 5 HEARINGS This is the time set for public hearing of an appeal by Harding and Tesch Architects regarding the decision of the Planning Commission to require a concrete block wall in lieu of a pre-cast concrete wall on Site Plan Review 35-89-A for a church facility located on the northeast corner of Fruitvale Avenue and Hageman Road. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received from Harding and Tesch Architects, dated October 31, 1989, in support of the appeal. Mayor Medders declared the hearing open for public participation. Mr. Clifford Harding, Architect, spoke in favor of the appeal. No protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. approved permitted Upon a motion by Councilmember Ratty, the appeal was and the installation of the pre-cast wall was by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, This is the time set for a public hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following areas: 1. SEGMENT I: Dewalt-Porter Engineering requests to amend the Bakersfield Metropolitan Area General Plan and proposed text and land use amendments to the Rancho Laborde Specific Plan. This hearing has been duly advertised, posted and the property owners notified as required by law. Correspondence has been received from Mr. and Mrs. Dallas Moore, 8025 Peanut Avenue, in opposition to the amendment. Mayor Medders declared the hearing open for public participation. 224 Bakersfield, California, November 15, 1989 - Page 6 Mr. Steve DeBranch, Dewalt-Porter Engineering, spoke in support of the hearing. No protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 188-89 of the Council of the City of Bakersfield making findings, approving Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-89). Adoption of Resolution No. 189-89 of the Council of the City of Bakersfield making findings, adopting Negative Declaration, denying request to amend required rear-yard setbacks for R-1 lots to five feet, and approving remaining portions of the amendments to the Rancho Laborde Specific Plan. Upon a motio~ by Councilmember Ratty, Resolution No. 188-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Upon a motion by Councilmember Ratty, Resolution No. 189-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes;: Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, Peterson, McDermott, DeMond, Ratty, Salvaggio SEGMENT IV: Epco, Inc., has requested to amend the Land Use Element by modifying previously approved conditions of approval on 40 acres located at the southeast corner of South "H" Street and Panama Lane. The conditions of approval generally relate to street and other improvements. This hearing has been duly advertised, posted and the property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, November 15, 1989 - Page 7 Adoption of Resolution No. 190-89 of the Council of the City of Bakersfield making findings, approving Negative Declaration and approving Segment IV of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-89). Upon a motion by Councilmember No. 190-89 of the Council of the City adopted by the following roll call vote: Salvaggio, Resolution of Bakersfield was Ayes: Noes: Abstain: Absent: Councilmembers Smith, Anthony, Peterson, McDermott, None None None DeMond, Ratty, Salvaggio This is the time set for a public hearing to consider a Negative Declaration for proposed recreational improvements to The Friendship House Community Center (an existing recreational and social services center) at 2424 Cottonwood Road. This hearing has been duly posted and the property owners notified as required by law. Correspondence has been received from The Friendship House Community Center requesting the block wall requirement be deferred until the subdivision map is recorded on the residential property or an industrial tenant occupies the Friendship House property. (THIS CORRESPONDENCE WAS RECEIVED AND REFERRED TO PLANNING DIRECTOR LATER ON THE AGENDA ON PAGE 18 OF THE MINUTES.) Councilmember Anthony stated for the record he would not participate in the vote due to a real or imaginary conflict of interest. Mayor Medders declared the hearing open for public participation. Mr. Merrill Gibson, Board of Directors for the Friendship House, spoke in support of the Negative Declaration. No protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Approval of Negative Declaration with no mitigation measures. Upon a motion by Councilmember DeMond, the Negative Declaration with no mitigation measures was approved by the following roll call vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Anthony Peterson, Bakersfield, California, November 15, 1989 - Page 8 REPORTS Councilmember Ratty, Chairperson Finance Committee, read Report No. 48-89 Television Service Connections as follows: of the Budget and regarding Cable The Council referred the issue of cable television service connections to the Budget and Finance Committee for review. The Committee has reviewed with representatives of both cable companies and the Building Industry Association the placement of these service connections on property zoned for single family residential use. The Committee was most concerned about the appearance and placement of above-ground pedestals in residential neighborhoods. After discussion with these groups and staff, it was determined that pursuant to the franchise agreements with both cable companies, rules and regulations should be adopted that provide that newly installed pedestals be located either: ae Within four feet of a side lot line, within the public right-of-way or utility easement which parallels the front lot line, and the four-square foot area immediately adjacent to such pedestal shall, at the request of the homeowner, be screened by shrubbery installed by the cable television provider at such time and in such manner as is approved by the Planning Director, such approval not to be unreasonably withheld. The cable television provider shall not be responsible for maintenance or replacement of such shrubbery; or Whenever such easements exist or can be or will be obtained, service connections pedestals may be located within a side-yard public utility easement within three feet (either forward of or behind) the front yard setback specified in the zoning ordinance. Both cable companies have agreed to and accepted the proposed cable television rule. Therefore, the Committee recommends that the City Council adopt Cable Television Rules and Regulations No. 89-1, regarding Cable Television Service Connection Pedestals. Bakersfield, California, November 15, 1989 - Page 9 Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 48-89 was accepted. Adoption of Cable Television Rules and Regulations No. 89-1 regarding Cable Television Service Connection Pedestals. Upon a motion by Councilmember Ratty, Cable Television Rules and Regulations No. 89-1 were adopted. Councilmember Anthony read Budget and Finance Committee Report No. 49-89 regarding Extension of the Marketing Contract for the Program Incentive Area as follows: On November 1, 1989, the Council referred the issue of the extension of the marketing contract for the program incentive area to the Budget and Finance Committee for review. The agreement in which the County of Kern, in conjunction with the City, contracted with Mid State Development to market the Metro Bakersfield Incentive Area (Enterprise Zone) is due to expire on November 30, 1989. Responses to the Request for Proposals for a new contract were received on November 3rd. The Citizens Advisory Committee for the Incentive Area, along with City and County staff, have requested additional time to review, analyze and negotiate with the contractors on the proposals received. A new contractor will not be available to continue the marketing program by November 30, 1989. Since it is extremely important that the marketing program efforts be continuous and not be suspended even for a short time, staff has recommended that an extension of the existing contract with Mid State Development be granted through January 31, 1990, at which time the new contract should be finalized and approved. Unexpended funds are available in the Incentive Area project budget to provide for the extension without having to utilize additional funds. Therefore, the Committee recommends that the Council authorize the Mayor to execute the Amendment to Agreement No. 89-33 Community Development Project (Community Development Activity #36.87.2 Employment and Economic Incentive Act Marketing Program). Upon a motion by Councilmember Anthony, Budget and Finance Committee Report No. 49-89 was accepted. Bakersfield, California, November 15, 1989 Page 10 Approval of Agreement No. 89-259, Amendment No. 1 to Agreement No. 89-33 with the County of Kern and Mid State Development Corporation for Community Development Project (Community Development Activity No. 36.87.2 Employment and Economic Incentive Act Marketing Program). Upon a motion by Councilmember Anthony, Agreement No. 89-259 was approved, and the Mayor was authorized to execute the Agreement. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 18-89 regarding Changing Street Names as follows: The City has received requests to change the names of existing streets to honor distinguished local personalities and former residents. These have been referred to the Urban Development Committee and to the Planning Commission. The Planning Commission has developed policies for adoption by the Council . Planning Commission Resolution No. 30-89 is attached for Council review. In summary, the Commission's recommended policies are: The Planning Commission will continue to be the approval agency for street name changes, subject to appeal to the City Council. The Planning Commission will conduct advertised public hearings to consider street name changes. A single application is all that is needed to initiate consideration of a street name change to honor an individual or entity for which federal or state holidays are observed (Class I). A petition of 66 percent of business owners along commercial streets or 66 percent of property owners along residential streets would be required to initiate a hearing to consider a street name change for a deceased individual or defunct entity (Class II). A petition of 100 percent of the business owners along commercial streets or 100 percent of property owners along residential streets would be required to initiate hearings to consider street name changes to honor living individuals or existing entities (Class III). Bakersfield, California, November 15, 1989 Page 11 Approval or denial of the application will be based on staff analysis and public testimony. Costs for changing street names to honor living individuals or existing entities will be borne by the applicant. Otherwise, it will be a city expense. 8. Replacement of street signs will be paid for by the city. 9. An appropriate fee will be set to process the applications. The Urban Development Committee has reviewed the recommended policies and agrees with them except for the 66 percent and 100 percent requirements for petitions. It was felt that a requirement of 100 percent business owners or property owners would be unreasonable just to bring the request up for consideration. Out-of-town property owners are often difficult to find and it was felt unfair that one or two obstreperous people would block consideration of an otherwise very popular proposal. The Urban Development Committee recommends that the City Council adopt the policies recommended by the Planning Commission with an adjustment in the petition requirements from 100 percent to 75 percent for Class III changes and from 66 percent to 50 percent for Class II changes. It is recommended that the City Council accept this report and direct the City Attorney to prepare a resolution adopting the policies with the adjustments proposed in this report. Upon a motion by Councilmember McDermott, Urban Dew~lopment Committee Report No. 18-89 was accepted. Upon a motion by Councilmember McDermott, the recommendations of Urban Development Committee Report No. 18-89 were implemented. Mayor Medders introduced Scout Troop 53 from the Southwest Area. Mayor Medders recessed the meeting at 8:00 p.m. and reconvened at 8:05 p.m. Bakersfield, California, November 15, 1989 - Page Councilmember McDermott read Urban Development Committee Report No. 19-89 regarding Metropolitan Bakersfield 2010 General Plan Adoption Process as follows: The Bakersfield Planning Commission and Kern County Planning Advisory Committee concluded their public hearings of the Bakersfield Metropolitan 2070 General Plan and Environmental Impact Report on October 24, 1989. By unanimous vote they recommended adoption of them by the City Council and Board of Supervisors. The Urban Development Committee was asked by the City Council to monitor this plan's progress since release of its first draft a year ago . It has been improved considerably and we look forward to the full City Council review of the plan beginning with a workshop on November 15, 1989, and commencement of public hearings on December 14, 1989. As you know, a special meeting of the City Council was scheduled for Thursday, December 14, 1989, just to conduct a hearing of the recommended plan. Staff has recommended that we take testimony for at least four hours but avoid letting the hearing last to the very late night hours. If necessary, the hearing could be continued to the following week. The Council's hearings should be shorter than the Commission's since any new significant requests must be referred to the Planning Commission for report and recommendation. New requests should be processed through the standard general plan amendment process. Even at that there are likely to be issues raised about some plan policies or land use designations for the Council ' s consideration. The Council should accept all the testimony both written and verbal and rather than debate each point as it is raised, at the end of each session refer those matters to the Urban Development Committee for report and recommendation to be considered in early January 1990. At its January hearing, the City Council would give approval to the plan as it may be revised and recommend adoption by the Board of Supervisors. The Board would then conduct its hearings in late January and early February. If the Board is in agreement with the Council ' s recommendation, the Board would adopt the plan and it would be returned for Council adoption. If there are any substantial differences in the plan approved by the Council and Board, these would be referred back to the City Council for consideration. It is recommended that the City Council accept this report and the hearing and adoption process outlined herein. Bakersfield, California, November 15, 1989 - Page 13 Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 19-89 was accepted. Upon a motion by Councilmember McDermott, the recommendations of Urban Development Committee Report No. 19-89 were implemented. Councilmember DeMond, Chairperson of the Legislative Committee, read Report No. 8-89 regarding Ordinance Prescribing Procedures Relating to Election of Vice-Mayor and Creation and Appointment to Committees as follows: The attached ordinance, drafted at the request of Vice-Mayor Smith, provides for the filling of the Vice-Mayor position should such position become vacant mid-term and prohibits any Vice-Mayor from succeeding himself/herself. It also formally sets forth the procedures informally used to create and make appointments to committees. The ordinance calls for committee appointments to be made by the Vice-Mayor, subject to confirmation by the Council. The Legislative Committee recommends adoption of this ordinance and that it be given first reading this evening. Upon a motion by Councilmember DeMond, Legislative Committee Report No. 8-89 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 2.02 to Title 2 of the Bakersfield Municipal Code relating to Council organization. City Manager Dale Hawley read Joint City/Insurance Committee Report No. 1-89 regarding Health and Dental Benefits as follows: Beginning on October 4, 1989, City staff and the Joint City/Insurance Committee have met on a weekly basis to discuss changes to the City's Health and Dental coverage. There are still several issues to be resolved, but the Committee would like to have the Council's approval to implement the following agreed upon changes: Request formal bid proposals to be submitted as soon as possible for the Pre-Paid Dental Plan. Change Health Net (HMO) Plan from Plan A to Plan G, which would reduce the City's total premium increase from 18% to 6%. This would add a $5 co-pay for doctor's visits and change prescription drug co-pay from $2 generic and $4 brand name to $5 generic and $7 brand name. The change will be effective on December 1, 1989. 232 Bakersfield, California, November 15, 1989 - Page 14 The staff and Joint City/Insurance Committee requests acceptance of the Report and approval of the recommendations to implement the new Health Net rates, and to request formal bids for the Pre-Paid Dental Insurance Plan. Upon a motion by Councilmember Peterson, Joint City/Insurance Committee Report No. 1-89 was accepted. Upon a motion by Councilmember Peterson, the recommendations of Joint City/Insurance Committee Report No. 1-89 were implemented. ACTION ON BIDS Approval of Contract No. 89-260 with Halopoff & Sons, Inc., for a water mainline extension on Stine Road south of Panama Lane and appropriate capital outlay funds therefor. Upon a motion by Councilmember McDermott, the low bid froin Halopoff & Sons, Inc., in the amount of $43,123.60 was accepted, all other bids rejected, $43,500.00 appropriated for the capital outlay fund balance, and the Mayor authorized to execute the Contract by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Smith, Anthony, Peterson, McDermott, DeMond, Ratty, Salvaggio Approval of electronic video equipment for the Civil Auditorium. Upon a motion by Councilmember Peterson, Photo and Sound Co. in the amount of $28,657.10 and the other bid rejected. the bid from was accepted Approval of Agreement No. and Lawrence for the reinforced box culvert the Eastside Canal. 89-261 with Brown construction of on Inyo Street at Upon a motion by Councilmember DeMond, the low bid from Brown and Lawrence in the amount of $124,021.60 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Approval of Agreement No. 89-262 with A-C Electric Company for vehicle loop cutting. Upon a motion by Councilmember McDermott, the low bid from A-C Electric Company in the amount of $101,120.00 was accepted, the other bid rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, November 15, 1989 - Page 15 Approval of Agreement No. 89-263 with GillJam and Sons, Inc., for building demolition. Upon a motion by Councilmember Peterson, the low bid from GillJam and Sons, Inc., in the amount of $137,750.00 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3262 of the Council of the City of Bakersfield amending Ward Boundaries. (WARDS 4, 6 & 7) This Ordinance was given First Reading at the meeting of November 1, 1989. Upon a motion by Councilmember Peterson, Ordinance No. 3262 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located generally east and west of Rancho Laborde Drive and north of Rosedale Highway from a C-1 (Limited Commercial - Church) Zone to an R-1 (One-Family Dwelling) Zone on 4.9 acres, from a C-1 (Limited Commercial) Zone to an R-1 (One-Family Dwelling) Zone on 6.0 acres, from an R-2 (Limited Multiple-Family Dwelling) Zone to an R-1 (One-Family Dwelling) Zone on 14.6 acres, and from an R-1 (One-Family Dwelling) Zone to an R-2 (Limited Multiple-Family Dwelling) Zone on 23.9 acres. This Ordinance implements General Plan Amendment 3-89, Segment I. Bakersfield, California, November 15, 1989 - Page 16 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 at the southeast corner of Panama Lane and South H Street to modify four previously approved conditions related to street improvements. This is concurrent rezoning for GPA 3-89, Segment IV which amends the conditions of approval to be consistent with the General Plan. It amends Ordinance 3101N.S. Adoption of Interim Emergency Ordinance No. 3263 of the Council of the City of Bakersfield prohibiting the erection and relocation of off-site advertising signs, including outdoor advertising signs. The Planning Commission Sign Ordinance Committee has been working on various alternative regulations of outdoor advertising signs. As discussions with the industry representatives have progressed, the proliferation of outdoor adw~rtising signs has continued. The Committee is about to report its recommendation to the Commission for public hearings and subsequent consideration by the City Council. Adoption of this Ordinance and extension of it would require an affirmative vote by 4/5 of the City Council (6). Upon a motion by Councilmember Peterson, Mr. Edwin Smith, 905 Charter Oaks, a representative of 3M Advertising Company, spoke regarding Emergency Ordinance No. 3263. Councilmember Ratty made a motion to adopt Emergency Ordinance No. 3263 of the Council of the City of Bakersfield. Councilmember McDermott made a suggestion to amend the motion by Councilmember Ratty, changing the title to eliminate the words "alteration" and "maintenance" to read, " · prohibiting the erection or relocation of off-site advertising . . . ,,, which would be more consistent with the actual ordinance. The motion by Councilmember Ratty to adopt Emergency Ordinance No. 3263, with the amendment changing the title to eliminate the words "alteration" and "maintenance, approved by the following roll call vote: " was Ayes:: Councilmembers Smith, Anthony, Noes: None Abstain: None Absent: None Peterson, McDermott, DeMond, Ratty, Salvaggio Bakersfield, California, November 15, 1989 - Page 17 Adoption of Resolution No. 191-89 of the Council of the City of Bakersfield fixing the dates of meetings, workshops and budget hearings of the Council for the months of January through December, 1990. Councilmember McDermott made a motion to adopt Resolution No. 191-89 of the Council of the City of Bakersfield with the following amendment: Change the dates of the Budget Hearings to June 5 and June 6; change the June 13 Council meeting to June 6; change the December 12 Council meeting to December 19; change the June 13 Workshop to June 6; and change the December 12 Workshop to December 19. The motion was approved by the following roll call vote: Ayes: Councilmembers Smith, Anthony, Peterson, McDermott, Noes: None Abstain: None Absent: None DeMond, Salvaggio Ratty, Adoption of Resolution No. 192-89 of the Council of the City of Bakersfield approving plans for an addition to the Cunningham Memorial Art Gallery. Upon a motion by Councilmember Peterson, Resolution No. 192-89 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: Abstain: Absent: None None None Ratty, Adoption of Resolution No. 193-89 of the Council of the City of Bakersfield endorsing and supporting efforts to encourage the Board of Regents of the University of California to consider Kern County as the site for a new University of California Campus. Upon a motion by Councilmember McDermott, Resolution No. 193-89 of the Council of the City of Bakersfield was adopted with the amendment changing the word "counsel" to "Council," by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None *See Below. Adoption of Resolution No. 194-89 of the Council of the City of Bakersfield concerning the delivery of Certificates of Participation to finance certain health care facilities for Southern Care Corporation and authorizing the Finance Director to execute certain documents in connection therewith. (Agreement Nos. 89-264, 89-265, 89-266, 89-267, and 89-268) *Resolution No. 194-89 was Item g. of the Consent Calendar. Bakersfield, California, November 15, 1989 - Page 18 Upon a motion by Councilmember Peterson, Resolution No. 194-89 of the Council of the City of Bakersfield was adopLed by the following roll call Counci linetubers vote: Ayes: Smith, Anthony, Peterson, McDermott, Noes: None Abstain: None Absent: None DeMond, Ratty, Salvaggio Approval of Property Purchase Agreement No. 89-269 with Gannon Wattenbarger Partnership to acquire 103.354 acres of floodplain located in the Kern River Parkway between Chester Avenue and Manor Street. Upon a motion by Councilmember Ratty, Agreement No. 89-269 with Gannon Wattenbarger Partnership was approved and the Mayor authorized to execute the Agreement. Approval of Amendment No. 1 to U. $. Department of Housing and Urban Development (HUD) Grant No. R-88-MC-06-0510, adding an additional $50,000 to the Rental Rehabilitation Program. Upon a motion by Councilmember DeMond, Amendment No. 1 to U.S. Department of Housing and Urban Development (HUD) Grant No. R-88-MC-06-0510 was approved and the City Manager was authorized to execute the amendment and appropriate funds by the following roll call vote: Ayes: Councilmembers Smith, Anthony, DeMond, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Mayor Medders stated there was action on Item 7.c. of Hearings, a public hearing to consider a Negative Declaration for proposed recreational improvements to The Friendship House Community Center at 2424 Cottonwood Road. Correspondence was received from the Friendship House Community Center. Upon a motion by Councilmember DeMond, correspondence received from the Friendship House Community Center was receJ[ved and referred to the Planning Director. COUNCIL STATEMENTS Councilmember McDermott stated that since he would not be available at the November 29, 1989, Council meeting, he commended Councilmember Ratty for twelve years of tremendous service to the City of Bakersfield and stated his appreciation. Councilmember McDermott addressed Councilmember Anthony and commended him for an outstanding job done in a time of crisis. Councilmember McDermott addressed Vice-Mayor Smith and commended her on an excellent job as Vice-Mayor. Bakersfield, California, November 15, 1989 Page 19 Councilmember Peterson expressed his appreciation to Councilmembers Ratty and Anthony. Councilmember Peterson referred a letter from Otis Gillaspie, Kern City, to the Traffic Committee and to the City Eng!ineer for review. Councilmember Peterson nominated Harold Murphy, 1400 South Union, to the Planning Commission. Councilmember Smith stated she hoped staff would come up with a plan to help with the budgetary procedure. Councilmember DeMond reflected on Councilmembers Ratty and Anthony's assistance. Councilmember Anthony stated his respect for the Council, Mayor and staff. Councilmember Salvaggio referred a letter from four people in his ward directed to Superintendent George Swick, Water Storage District, to the Public Works Department staff. Councilmember Salvaggio reminded Council of their efforts to secure an agreement with Banducci Enterprises regarding their downtown property by December 13, 1989. Councilmember McDermott congratulated the City Attorney's Office on their recent victory. Councilmember McDermott thanked Mr. Schulz and his staff for helping to secure a four-way stop. Councilmember Ratty stated his appreciation to the Councilmembers' comments. Councilmember Smith thanked the Council for their comments and support. Councilmember Peterson requested received from Darren Powers be included in Commission application process. correspondence the Planning ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:20 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California kdsc