HomeMy WebLinkAbout08/30/1989 MINUTES CC127
Bakersfield, California, August 30, 1989
Minutes of the Regular Meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 7:00 p.m., August 30, 1989.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Ken Keith, Member of the Board of
Deacons, First Assembly of God Church, and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders,
None
Councilmembers Smith, Anthony, DeMond,
Ratty, Peterson,
McDermott, Salvaggio
Calendar:
The
Do
CONSENT CALENDAR
following items were listed on the
Approval of Warrant Nos. 323 to 1088
inclusive, in the amount of
$3,127,584.23.
Minutes of the Closed Session and
Regular Meeting of August 9, 1989, for
approval.
Communications:
Communication from Debbie S.
Kerwin, Commercial Project
Manager, Coleman, 5251
Of f i c e P a r k Dr i v e,
Suite 200, dated August 9,
1989, regarding abandonment
of easement located on the
north side of California
Avenue, 250 feet east of
Chester Lane. (RECEIVE AND
REFER TO PLANNING
DEPARTMENT)
Communication from B. E.
Cain, Trustee, the Mayme M.
Cain Trust c/o Rod Longino,
Waggoner & Associates, Inc.,
2222 "E" Street, dated
August 10, 1989, requesting
vacation of drainage
easement located on the
north side of Fairview Road,
west of Golden State
Highway. (RECEIVE AND REFER
TO PLANNING COMMISSION)
Communication from Carol
Williams, City Clerk, dated
August 21, 1989, setting
forth new Appeal Hearing
procedures. (RECEIVE AND
PLACE ON FILE)
Consent
Bakersfield, California, August 30, 1989 - Page 2
fe
Dedication of Property:
Street Right-of-Way Deed
No. 3138 from William and
Ruby Young for additional
right-of-way for a portion
of Wible Road and White Lane
at the northwest corner of
White Lane and Wible Road.
Maps and Improvement Agreements:
Final Map and Improvement
Agreements Nos. 89-186 and
89-187 with EPCO, Inc., for
Trac t 51 0 7, P h a s e 1 ,
consisting of 78 lots on
15.15 acres located south of
Panama Lane and east of
South "H" Street.
Final Map and Improvement
Agreement No. 89-188 with
Oceanic Communities, Inc.,
for Tract 5103, consisting
of 104 lots on 36.80 acres
located west of Gosford Road
and south of Ming Avenue.
Improvement Agreement
No. 89-189 with Oceanic
Communities, Inc., for
Parcel Map 9077, consisting
of 5 parcels on 31.15 acres
located at the northeast
corner of District Boulevard
and Ride Street.
Notices of Completion and Acceptance
of Work for the following:
Traffic signal system on
E1 Portal Drive at Ming
Avenue, Contract No. 89-98,
completed August 14, 1989.
Monitor sump
ext en s ion ,
No. 89-1 62,
August 4, 1989.
storm drain
Contract
completed
Parcel Map No. 7668, located
at Woodmere Drive and west
of Stine Road, Contract
No. 88-106, completed
August 4, 1989.
Parcel Map No. 8490, located
south of Ardmore Avenue and
west of Akers Road, Contract
No. 87-281 , completed
August 11, 1989.
Bakersfield, California, August 30, 1989 - Page 3
ge
Parcel Map No. 8809, located
at Woodmere Drive and
approximately 1/4 mile west
of Stine Road, Contract
No. 88-271, completed
August 4, 1989.
Parcel Map No. 8881, located
at Woodmere Drive and west
of Stine Road, Contract
No. 89-52, completed
August 4, 1989.
Tract No. 4849, Unit B,
located south of North
Laurelglen Boulevard and
east of Brookside Drive,
Contract No. 86-179,
completed July 12, 1989.
Tract No. 5034, Unit 3
(landscaping), located south
of Hageman Road and east of
Calloway Drive, Contract
No. 88-279, completed
August 11, 1989.
Approval of Plans and Specifications
for:
Widening of the Calloway
Drive Bridge over the
F r i ant - Ke r n Canal
HES-0029 (17).
e
Installation of an 18"
diameter sewer line from
1 6th Street along Oak
Street, California Avenue,
Elm Street, Chester Lane,
and Beech Street to Bank
Street.
Construction of the College
Avenue retaining wall from
Janene Way to Flintridge
Drive.
Contract Change Order No. 1, Contract
No. 89-132, with Do-Da Electric, 235
Pine Street, for construction of
Jenkins Park security lighting system.
Agreement No. 89-190 with 1100 Mohawk
Partnership to convert approximately
220 lineal feet of the Carrier Canal
located east of Mohawk Street, to
concrete box culvert.
Agreement No. 89-191 with Arvin-Edison
Water Storage District to construct a
bridge and for right-of-way across the
District's canal at Westwold Drive.
Bakersfield, California, August 30, 1989 - Page 4
km
Agreement No. 89-192, Amendment to
Agreement No. 89-2 with the U.S.
Department of Commerce, Economic
Development Administration (EDA) for
Wastewater Treatment Plant No. 3
Expansion Grant.
Accept low bids for furniture for the
Civic Auditorium offices and meeting
rooms from Advanced Business Interiors
(53 items, $19,213.94), Sam Yocum,
Inc. (15 items, $4,282.77), Eastman,
Inc. (8 items, $733.52), Elite
Interiors (4 items, $465.76), and
reject other bids.
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i, j, k, and 1 of the Consent Calendar were
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
PUBLIC STATEMENTS
Mr. Harold D. Figard, 1921 Harbor, spoke regarding
inadequate parking spaces for the handicapped. He proposed
that the Council support the formation of a special unit
consisting of handicapped persons to police the handicapped
parking spaces and that the parking violation fine be increased
to $200.
Upon a motion by Councilmember McDermott, the matter
of handicapped parking problems was referred to the Police
Chief.
Mr. Ron Brummett, Director of American Planning
Association, Central Section Chapter, 1401 19th Street,
Suite 200, stated that the City of Bakersfield has won the
Section Award for the Central Section of California.
Mr. Brummett presented a plaque in honor of that award for the
Kern River Parkway Program. The City also received Honorable
Mention at the Chapter level.
Ms. Stacy Zimmerman, 4124 DeEtte Avenue, spoke in
opposition to Harris No. 5 annexation.
Mr. Steve Ruggenberg, General Manager of the Golden
Empire Transit (GET) District, 1830 Golden State Highway,
explained amendments to Assembly Bill No. 2184 and the impact
on GET.
Upon a motion by Councilmember Salvaggio, the issue
of Assembly Bill No. 2184 was considered as an item that arose
after the Agenda was prepared and required action at this time.
Councilmember Salvaggio made a motion thatCity Manager
communicate with Senator Rogers immediately in support of
Assembly Bill No. 2184. The motion was approved.
Bakersfield, California, August 30, 1989 - Page 5
Mr. Michael Keate, 4207 Renee Avenue, spoke in
opposition to Harris No. 5 annexation.
Ms. Joanne Wilhite, Royal Palm Park, 4312 Jewetta,
spoke in opposition to the City Council Ordinance pertaining to
Kern City.
Ms. Vi Munson, 6316 wolfe Creek Drive, spoke
regarding Kern City.
Mr. Hurshell T. Brown, 2708 Houchin Road, spoke in
opposition to ambulance rate increase and water rate increase.
Councilmember Peterson made a motion to move forward
Item 9b of the Agenda to be heard at this time.
Upon a substitute motion by Councilmember DeMond,
Deferred Business Items 9a and 9b of the Agenda were moved
forward to be heard at this time.
DEFERRED BUSINESS
An Ordinance of the Council of the City of
Bakersfield amending Section 17.06.020 of
Chapter 17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield regarding
prezoning of property known as the Harris
No. 5 Annexation (WARD 6).
This Ordinance was
of July 19, 1989, and was
August 9, 1989.
given first reading at the meeting
deferred from the meeting of
Councilmember McDermott made a motion to adopt an
ordinance of the Council of the City of Bakersfield amending
Section 17.06.020 of Chapter 17.06 (Zoning Map) of the
Municipal Code of the City of Bakersfield regarding prezoning
of property known as the Harris No. 5 Annexation (Ward 6). The
motion failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, McDermott, Salvaggio
Councilmembers DeMond, Ratty, Peterson
Councilmember Anthony
Mayor Medders
An Ordinance of the Council of the City of
Bakersfield amending Title Seventeen of the
Bakersfield Municipal Code by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield located in "Kern
City" from an R-1 (One Family Dwelling)
Zone to an R-1 -SC (One Family
Dwelling-Senior Citizen) Zone; from an R-2
(Limited Multiple Family Dwelling) Zone to
an R-2-SC (Limited Multiple Family
Dwelling-Senior Citizen) Zone; from an
R-2-D (Limited Multiple Family Dwelling-
Architectural Design) Zone to an R-2-SC
(Limited Multiple Family Dwelling-Senior
Citizen) Zone; from an R-3 (Limited
Multiple Family Dwelling) Zone to an R-3-SC
(Limited Multiple Family Dwelling-Senior
Citizen) Zone; and from a P.U.D. (Planned
Unit Development) Zone to an R-2-SC
(Limited Multiple Family Dwelling-Senior
Citizen) Zone.
Bakersfield, California, August 30, 1989 - Page 6
This Ordinance was given first reading at the meeting
of August 9, 1989.
Correspondence has been received from Carol Bogue,
612 Cherry Hills Drive, dated August 25, 1989, regarding her
previous correspondence of July 30, 1989, in opposition to the
senior citizen zoning of Kern City.
Upon a motion by Councilmember Peterson, the
Ordinance regarding zoning for Kern City was referred to the
Planning Commission with the two amendments as follows:
(1)
Adding to the definition of
"qualifying resident" owners of
property in the zone on the date the
zone change becomes effective, and
(2)
Adding to the definition of "qualified
permanent resident" persons inheriting
property within the Senior Citizen
Zone.
HEARINGS
This is the time set for a continued public
hearing regarding amendment to the Land Use
Element of the General Plan, Zone Change
and proposed environmental documents
concerning:
SEGMENT I:
Charles Ulbrich's request to amend the
Bakersfield Metropolitan Area General Plan
to Commercial and rezone from R-3-D to C-2
a 41,000+/- square foot site located along
the west side of Oswell Street between
Bernard Street and Pico Avenue.
This hearing was continued from the meeting of
August 9, 1989.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Communication has been received from Charles Ulbrich,
Venture Properties, dated August 25, 1989, requesting to defer
his appeal until the next regularly scheduled Council meeting,
September 13, 1989.
Communication was received on August 28, 1989, from
Dana S. Munn, 4906 Ojai, in opposition to the requested General
Plan Amendment.
Upon a motion by Councilmember Smith, the hearing was
continued to the Council meeting of September 13, 1989.
Bakersfield, California, August 30, 1989 - Page 7
This is the time set for a public hearing
to consider an appeal by Gary L. Wanagitis
to the decision of the Board of Zoning
Adjustment denying a Modification (MOD
#4910) to permit required off-street
parking within the 25-foot front yard
setback where the existing garage has been
converted into living space on that certain
property commonly known as 5901 Diamond
Oaks Avenue.
Correspondence has been received from Jane McFadden,
dated August 14, 1989, protesting the garage conversion.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Gary Wanagitis spoke in support of the appeal.
No protest or objections being received and no one
else wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Councilmember Smith made a motion to grant the appeal
and approve the modification.
Councilmember Ratty made a substitute motion to
uphold the decision of the Board of Zoning Adjustment and
enforce the ordinance. The motion failed by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty
Councilmembers Smith, Anthony,
Salvaggio
None
None
Peterson,
McDermott,
The motion by Councilmember Smith to grant the appeal
was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Peterson, McDermott,
Councilmembers Anthony, DeMond, Ratty
None
None
Salvaggio
This is the time set for hearing objections
from any person owning real property within
the Ashe No. 1 Annexation on the matter of
inclusion of all portions of the proposed
Ashe No. 1 Annexation, upon annexation to
the City of Bakersfield, into the Greater
Bakersfield Separation of Grade District
when contiguous thereto.
There is related action making findings and
ordering the territory designated as
Proceeding No. 1002, Annexation No. 333,
Ashe No. 1, annexed to the City of
Bakersfield. (Ward 6.)
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Bakersfield, California, August 30, 1989 - Page 8
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Resolution No. 147-89 of the
Council of the City of Bakersfield making
findings and ordering the territory
designated as Proceeding No. 1 002,
Annexation No. 333, Ashe No. 1, annexed to
the City of Bakersfield and included in the
Greater Bakersfield Separation of Grade
District when contiguous thereto. (Ward
6.)
Upon a motion by Councilmember McDermott, Resolution
No. 147-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
None
None
None
Ratty,
This is the time set for hearing objections
from any person owning real property within
the Stine No. 5 Annexation on the matter of
inclusion of all portions of the proposed
Stine No. 5 Annexation, upon annexation to
the City of Bakersfield, into the Greater
Bakersfield Separation of Grade District
when contiguous thereto.
There is related action making findings and
ordering the territory designated as
Proceeding No. 1001, Annexation No. 332,
Stine No. 5, annexed to the City of
Bakersfield. (Ward 6.)
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Resolution No. 148-89 of the
Council of the City of Bakersfield making
findings and ordering the territory
designated as Proceeding No. 1001 ,
Annexation No. 332, Stine No. 5, annexed to
the City of Bakersfield and included in the
Greater Bakersfield Separation of Grade
District when contiguous thereto. (Ward
6.)
Upon a motion by Councilmember McDermott, Resolution
No. 148-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Bakersfield, California, August 30, 1989 Page 9
This is the time set for protest hearing
before the Council for the purpose of
hearing any person owning real property
within territory designated as Allen No. 1,
proposed to be annexed to the City of
Bakersfield, and the time set for hearing
objections from any person owning real
property within the Allen No. 1 Annexation
on the matter of inclusion of all portions
of the proposed Allen No. 1 Annexation,
upon annexation to the City of Bakersfield,
into the Greater Bakersfield Separation of
Grade District when contiguous thereto.
(Ward 4.)
Correspondence has been received from Michael H.
McAlister, 2104 "H" Street, dated August 17, 1989, and Harvey
L. Hall, 11701 Palm Avenue, dated August 18, 1989, protesting
the Allen No. 1 Annexation. It should be noted the Clerk has
been notified these two individuals are not property owners
within the area.
Correspondence has also been received from
Mr. William James, Jr., and Mrs. Linda Rutherford, 1730
Greenhaven Street, dated August 24, 1989, protesting the Allen
No. 1 Annexation.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Terry Coats, 11501 Pine Haven Avenue, spoke in
opposition to the annexation.
Ms. Jerry Moffitt spoke in opposition to the
annexation.
No further protest or objections being received and
no one wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Mr. Jack Hardisty, Planning Department, stated for
the record that there was a protest received from Mr. Jack
Rutherford and the value of his protest as compared to the
value of the assessed land is 3/10 of one percent, and Mr.
Coats' property is similar and perhaps will get 6/10 of one
percent.
Mr. Coats spoke in opposition to the annexation.
Adoption of Resolution No. 149-89 of the
Council of the City of Bakersfield making
findings that insufficient written protests
have been filed and ordering the territory
designated as Proceeding No. 1000,
Annexation No. 331, Allen No. 1, annexed to
the City of Bakersfield and included within
the Greater Bakersfield Separation of Grade
District when contiguous thereto. (Ward
4.)
Bakersfield, California, August 30, 1989 Page 10
Upon a motion by Councilmember Ratty, Resolution
No. 149-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
REPORTS
Councilmember Anthony read Budget and
Committee Report No. 40-89 regarding identification of
material in City facilities as follows:
Finance
asbestos
On August 9, 1989, the Council referred the
issue of identification of asbestos
material to the Budget and Finance
Committee for review.
The Committee has reviewed these issues
with the City Attorney and the City
Manager. They explained that the City
needed to develop a coordinated and
proactive approach for the identification
and removal of asbestos in City facilities.
This can be best accomplished by the
establishment of a policy concerning
asbestos testing and mitigation.
Therefore, the Committee recommends that
the City Council establish a policy by
resolution which includes the following:
All City facilities will be
evaluated;
Testing sites will be prioritized
according to criteria regarding
the risk to employees;
Based on test results, a
mitigation plan will be
formulated;
Mitigation measures will be
undertaken based upon the risk to
employees.
Upon a motion by Councilmember Anthony, Budget and
Finance Committee Report No. 40-89 was accepted.
Adoption of Resolution No. 150-89 of the
Council of the City of Bakersfield
establishing a policy concerning asbestos
testing and mitigation.
Upon a motion by Councilmember Anthony, Resolution
No. 150-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Bakersfield, California, August 30, 1989 - Page 11
Councilmember McDermott read Budget and Finance
Committee Report No. 41-89 regarding Certificates of
Participation for the acquisition and rehabilitation of two
nursing care facilities as follows:
On August 9, 1989, the Council referred
correspondence seeking assistance of the
City in issuing certificates of
participation for the acquisition and
rehabilitation of two nursing homes from
attorneys representing AMG International,
to the Budget and Finance Committee for
review. They also requested an Inducement
Resolution for Tax Exempt Certificates of
Participation not to exceed $9 million.
The Health Care Division of AMG
International is a non-profit corporation
which has proposed that the City provide
financing for the acquisition of two
skilled nursing care facilities located
within the City, specifically the Hilltop
and Colonial Care Centers. These two
facilities currently provide approximately
337 beds and have approximately 315
employees.
The Committee has reviewed this request
with City staff who explained that the City
may assist with this type of financing in
order to provide essential health care
services and facilities to the residents of
the City, and to aid in containing costs
for health care services by providing low
interest financing which may enable the
corporation to establish lower rates and
charges.
The City would act as a conduit for the
certificates with no obligation of the City
of Bakersfield. The City would receive an
issuers fee not to exceed 4/10ths of 1%
and, in addition, the Health Care Division
of AMG International would enter into a
PILOT (Payment in Lieu of Taxes) Agreement
with the City of Bakersfield to assure
continued payment of ad valorem taxes.
If the Council adopts the attached
Inducement Resolution, a TEFRA (Tax Equity
Fiscal Responsibility Act of 1982) Hearing
will be scheduled, at which time the City
Council will be presented with the related
financing documents.
Therefore, the Committee recommends that
the City Council adopt the Inducement
Resolution concerning the execution and
delivery of certificates of participation
to finance certain health care facilities
for AMG International.
Bakersfield, California, August 30, 1989 - Page 12
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 41-89 was accepted.
Mr. Steve Hewing, President
Corporation, 317 Strathford Drive, Texas,
National Care Corporation.
of National Care
spoke on behalf of
Adoption of Resolution No. 151-89 of the
Council of the City of Bakersfield
concerning the execution and delivery of
Certificates of Participation to finance
certain health care facilities for AMG
International.
Upon a motion by Councilmember ~cDermott, Resolution
No. 151-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Mayor Medders recessed the meeting at 8:45 p.m., and
the meeting reconvened at 8:55 p.m.
Councilmember DeMond, Chairperson of the Legislative
Committee, read Report No. 5-89 regarding flag burning as
follows:
At the July 12, 1989, meeting of the City
Council, a request was made for the City of
Bakersfield to adopt regulations which
would prevent flag burning.
The Legislative Committee has met on this
highly emotional issue. Political leaders
at both the state and national levels are
attempting to protect the symbol that
epitomizes that for which America stands
while guaranteeing First Amendment rights
of American citizens. A Constitutional
amendment as well as a federal statute have
been proposed and are being reviewed to see
what ramifications they might have on the
United States Constitution.
The Legislative Committee commends the
efforts of state and national leaders to
effectively prohibit flag burning while
protecting American political expression.
Therefore, the Legislative Committee
recommends that the City Council accept
this report and adopt the resolution
supporting efforts to protect the American
flag from desecration.
Upon a motion by Councilmember DeMond, Legislative
Committee Report No. 5-89 was accepted.
Mr. Tom Walsh asked the Council to consider directing
citizens to speak out and sign petitions.
Bakersfield, California, August 30, 1989 - Page 13
Adoption of Resolution No. 152-89 of the
Council of the City of Bakersfield
supporting efforts of state and national
leaders to effectively prohibit desecration
of the American flag.
Upon a motion by Councilmember DeMond, Resolution
No. 152-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember McDermott read Legislative Committee
Report No. 6-89 regarding Senate Bill 1424 (Parking and
Business Improvement Area Law of 7989) as follows:
A request from the Mayor of the City of
Salinas for support for SB 1424 (the
Parking and Business Improvement Area Law
of 1989) was referred to the Legislative
Committee by the City Council for review
and comment.
The Legislative Committee has reviewed the
bill and possible effects it may have on
the City of Bakersfield. One of the
provisions of SB 1424 would allow the
levying of assessments for property related
improvements and activities upon businesses
located and operating in a business
district of a city. The passage of SB 1424
would not affect the City of Bakersfield
Downtown Improvement District which is
funded through business licenses.
The Legislative Committee recommends that
no action be taken on the request from the
City of Salinas to support SB 1424 as the
bill does not directly affect the City of
Bakersfield. It further recommends that
the City Council accept this report and
implement its recommendation.
Upon a motion by Councilmember McDermott, Legislative
Committee Report No. 6-89 was accepted.
Councilmember Salvaggio read Legislative Committee
Report No. 7-89 regarding Assembly Bill 1242, Minors: Harmful
Matter: Videos, as follows:
Existing law makes it a misdemeanor, or a
felony, to provide or exhibit defined
harmful matter of a sexual nature to any
minor, as specified, and with certain
exceptions. AB 1242 makes provisions on
harmful matter applicable to video
recordings. It further requires any person
who sells or rents video recordings of
harmful matter to create an area for the
placement of these recordings in a location
labeled "adults only."
Bakersfield, California, August 30, 1989 Page 14
At the request of the City Council, the
Legislative Committee has reviewed the bill
and finds that it is in keeping with other
City Council legislation regarding the
display of harmful matter to minors. The
Legislative Committee therefore recommends
the City Council accept this report,
support AB 1242, and direct the City
Manager to notify our state legislators of
this position.
Upon a motion by Councilmember Salvaggio, Legislative
Committee Report No. 7-89 was accepted.
Councilmember Salvaggio, Chairperson of the Water
Resources Committee, read Report No. 4-89 regarding adoption of
resolution and management plan for the Bakersfield Educational
Studies Area and 2800 Acre Recharge Facility as follows:
On November 30, 1988, the City Council
adopted the Kern River Parkway Plan and
established the Bakersfield Educational
Studies Area to provide for educational and
environmental studies along the Kern River
corridor. To implement this plan, on
March 1, 1989, the City Council created the
Bakersfield Educational Studies Area
Advisory Committee to provide expertise and
advice to the City regarding management of
the areas. A major purpose of the Advisory
Committee was to formulate a long-range
plan to protect and manage those City
properties containing significant
environmental and educational values.
Since that time the Water Resources
Committee, City Staff and the Advisory
Committee have been working to formalize
this long-range management plan.
Pursuant to the objectives of the Kern
River Parkway Plan, the proposed Management
Plan submitted with this report recognizes
the priorities necessary for flood control
and water conservation while at the same
time providing for the long-range
protection and enhancement of the Kern
River floodplain for present and future
generations.
With the above information, the Water
Resources Committee recommends that the
City Council receive this Report and adopt
the attached Resolution and Management Plan
for the Bakersfield Educational Studies
Area and 2800 Acre Recharge Facility.
Upon a motion by Councilmember Salvaggio, Water
Resources Committee Report No. 4-89 was accepted.
Adoption of Resolution No. 153-89 of the
Council of the City of Bakersfield and
establishing goals for the Bakersfield
Educational Studies Area and 2800 Acre
Recharge Facility.
Bakersfield, California, August 30, 1989 - Page 15
Upon a motion by Councilmember Salvaggio, Resolution
No. 153-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
None
None
None
Ratty,
Ambulance
Ambulance
Councilmember Peterson, Chairperson of
Service Committee, read Report No. 1-89
Companies' Service Areas as follows:
the Ad Hoc
regarding
At the Council meeting of August 9, 1989,
the Council established this Committee and
referred to this Committee the issue of a
change in the boundary line between the
service areas of the two ambulance
companies. The Committee met with the City
Attorney and City Manager on August 21st to
review this matter. Staff has also met
with Fred Drew, Kern County's Director of
the Emergency Medical Services Department,
and received his input.
Based upon these meetings, the Committee
has determined that:
It is likely that the County EMS,
not the City, has legal authority
to implement a change in the
boundary line.
Mr. Drew is committed to
redrawing the boundary line,
unilaterally if the ambulance
companies do not agree, and will
report back to the Council as to
progress made at the Council's
meeting on September 13th.
Pending Mr. Drew's report to the
Council and the continuing legal
analysis of the City's authority
to act vis-a-vis this matter, it
is appropriate that neither the
Committee nor the Council take
further action on this issue and
no action is recommended.
The Committee recommends that the Council
approve this report.
Councilmember Peterson made a motion to accept Ad Hoc
Ambulance Service Committee Report No. 1-89.
Councilmember McDermott made a substitute motion to
reject Ad Hoc Ambulance Service Committee Report No. 1-89 and
refer the matter back to the Budget and Finance Committee. The
motion failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Anthony, Ratty, McDermott
Councilmembers Smith, DeMond, Peterson, Salvaggio
None
None
Bakersfield, California, August 30, 1989 Page 16
Ambulance
following
The motion by Councilmember Peterson to accept Ad Hoc
Service Committee Report No. 1-89 was approved by the
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond,
Councilmembers Anthony, Ratty,
None
None
Peterson, Salvaggio
McDermott
Services
ordinance
Councilmember Smith read Auditorium and Community
Committee Report No. 11-89 regarding proposed
relating to prohibited acts in parks as follows:
The issue of amending the Ordinance
relating to Prohibited Acts in Parks was
referred to the Auditorium and Community
Services Committee. On August 24, 1989,
this Committee met with staff to discuss
this issue.
Complaints have been received from users
and residents of neighboring parks that
baseballs and other potentially harmful
projectiles were being thrown in the parks.
This Committee feels these objects should
not be allowed and that the Ordinance
should be amended to prohibit those
objects.
Based on the above, this Committee
recommends the Prohibited Acts in Parks
Ordinance be amended as directed by the
attached Ordinance and considered as first
reading.
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Subsection A of Section 12.56.050 of the
Bakersfield Municipal Code relating to
Prohibited Acts in Parks.
Upon a motion by Councilmember Smith, Auditorium and
Community Services Committee Report No. 11-89 was accepted, and
First Reading given to an Ordinance of the Council of the City
of Bakersfield amending Subsection A of Section 12.56.050 of
the Bakersfield Municipal Code relating to Prohibited Acts in
Parks as amended to include "allow throwing of baseballs but
prohibiting the hitting of baseballs."
Councilmember Peterson, Chairperson of the Auditorium
and Community Services Committee, read Report No. 12-89
regarding the Fox Theatre Third Report as follows:
It is the intent of this report to inform
the City Council of an issue currently
being addressed by the Auditorium and
Community Services Committee. It is for
informational purposes only and will be
followed, in due course, by a fiaal report.
Bakersfield, California, August 30, 1989 Page 17
During the City Council meeting of
January 4, 1989, the Auditorium and
Community Services Committee recommended
and the Council voted in favor of
allocating $1 5,000 from the Council
Contingency Fund for the purpose of
researching the Fox Theatre for potential
purchase. The City was provided access to
the facility in mid-April. To date, a
hazardous materials report, preliminary
title search and appraisal document have
been completed. A complete set of original
architectural plans has been located with
copies provided to assist in the research
of the facility.
The most recent development has been a
request for proposal document seeking
qualified consultants to provide proposals
for development of an architectural master
plan study concerning possible restoration
of the Bakersfield Fox Theatre. Items
included in the scope of work are site
inspections, listings of restoration
materials including fixtures and equipment,
itemized construction estimates, stagecraft
requirements and options for restoration of
original or existing interior decor.
During the week of July 10, 1989, requests
for proposal documents were mailed to
fifteen architectural firms. Seven were
local, five (5) to Southern California and
three (3) to the Midwest. Of the fifteen,
nine firms provided representation at the
mandatory job site inspection on July 28,
1989. Seven firms submitted proposals by
the August 8, 1989, deadline. Upon review
of the seven submittals, the firm of Daniel
P. Coffey and Associates of Chicago,
Illinois, provided the low bid and is
recommended by staff to complete the master
plan study. Mr. Coffey's firm has an
impressive background in restoration work
including theatres such as Radio City Music
Hall in New York, Chicago Theatre and the
Carolina Theatre in Greensboro, North
Carolina.
Mr. Coffey is tentatively prepared to begin
work with a site inspection and potential
user meeting on September 6, 1989. The
completed master plan study should be
available by mid-October. Upon completion,
City Staff will again review the research
material and provide their findings to the
Auditorium and Community Services Council
Committee.
With the above in mind, this Committee
would like to go on record as being in
favor of Daniel P. Coffey and Associates to
complete a master plan study.
Upon a motion by Councilmember Peterson, Auditorium
and Community Services Committee Report No. 12-89 was accepted.
Bakersfield, California, August 30, 1989 - Page 18
ACTION ON BIDS
Stacking chairs (1000) for the Civic
Auditorium.
Upon a motion by Councilmember DeMond, the low bid
from Virco Manufacturing in the amount of $51,887.00 was
accepted and the other bid rejected.
Forty-one (41) Lightbars and Sirens for
Police Department (40 new, ~ replacement).
Upon a motion by Councilmember McDermott, the low bid
from Pursuit Specialties in the amount of $46,366.95 was
accepted and the other bid rejected.
Shotguns, Pistols and Accessories for
Police Department.
Upon a motion by Councilmember Anthony, the low bids
from Traders Tactical (60 pistols and ammunition, $30,738.63)
and Adamson Equipment Co. (65 shotguns, $15,636.86) were
accepted and all other bids were rejected.
Approval of Contract No. 89-193 with West
Valley Construction Co., Inc., in the
amount of $28,937.50 for sewer relocation
at County Administration Building site.
Upon a motion by Councilmember DeMond, the low bid
from West Valley Construction Co., Inc., in the amount of
$28,937.50 was accepted, all other bids rejected, and the Mayor
was authorized to executed the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3249 of the
Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those certain properties located
on the northeast corner of South Chester
Avenue and Richland Street from a C-1-D
(Limited Commercial-Architectural Design)
Zone to a C-2 (Commercial) Zone.
This Ordinance was given first reading at the meeting
of August 9, 1989.
Upon a motion by Councilmember Anthony, Ordinance
No. 3249 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Bakersfield, California, August 30, 1989 - Page 19
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield amending
Title Seventeen of the Bakersfield
Municipal Code by changing the Land Use
Zoning of those certain properties in the
City of Bakersfield located on the
northeast corner of Buena Vista Road and
Ming Avenue from a C-2 (Commercial), C-0
(Commercial and Professional Office), R-3
(Limited Multiple Family Residential) and
R-2 (Limited Multiple Family Residential)
Zones to an R-1 (One Family Dwelling) Zone.
Adoption of Resolution No. 154-89 of the
Council of the City of Bakersfield
superseding Resolution No. 112-89 approving
the Memorandum of Understanding setting
salaries and related benefits for Fire
Fighters and Engineers of the Fire
Department of the City of Bakersfield.
Approval of Contract No. 89-194 with the
Bakersfield Fireman's Labor Organization,
for Memorandum of Understanding setting
salaries and related benefits for Fire
Fighters and Engineers of the Fire
Department of the City of Bakersfield.
Upon a motion by Councilmember Salvaggio, Resolution
No. 154-89 of the Council of the City of Bakersfield was
adopted, Contract No. 89-194 was approved, and the Mayor was
authorized to execute the Contract by the following roll call
vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Adoption of Resolution No. 155-89 of the
Council of the City of Bakersfield
superseding Resolution No. 111-89 approving
the Memorandum of Understanding setting
salaries and related benefits for Fire
Captains of the Fire Department of the City
of Bakersfield.
Approval of Contract No. 89-195 with the
Bakersfield Fireman's Labor Organization,
for Memorandum of Understanding setting
salaries and related benefits for Fire
Captains of the Fire Department of the City
of Bakersfield.
Upon a motion by Councilmember Salvaggio, Resolution
No. 155-89 of the Council of the City of Bakersfield was
adopted, Contract No. 89-195 was approved, and the Mayor was
authorized to execute the Contract by the following roll call
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, D eMond,
Peterson, McDermott, Salvaggio
None
None
None
Ratty,
Bakersfield, California, August 30, 1989 - Page 20
Adoption of Resolution No. 156-89 of the
Council of the City of Bakersfield amending
Section 9(D) of Resolution No. 10-89
adopted on January 18, 1989, setting
salaries and related benefits for officers
and employees of the General Supervisory,
Police Supervisory and Management Units.
Upon a motion by Councilmember DeMond, Resolution
No. 156-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Adoption of Resolution No. 157-89 of the
Council of the City of Bakersfield
providing for the adjustment of property
tax revenues upon local agency
jurisdictional change resulting from
Annexation No. 334, LAFCO Proceeding
No. 1010, Stine No. 6 (Ward 6).
Upon a motion by Councilmember McDermott, Resolution
No. 157-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, ~eMond, Ratty,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 158-89 of the
Council of the City of Bakersfield
approving the applications for grant funds
for the Trail Grant Program under the
California Wildlife, Coastal, and Park Land
Conservation Act of 1988 for acquisition of
real property in the Kern River Parkway for
Open Space areas for equestrian and bicycle
trails, and rest and staging area.
Upon a motion by Councilmember Salvaggio, Resolution
No. 158-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, De Mond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Adoption of Resolution No. 159-89 of the
Council of the City of Bakersfield
approving the applications for grant funds
for the Trail Grant Program under the
California Wildlife, Coastal, and Park Land
Conservation Act of 1988 to restripe and
channelize certain streets for Class II
bicycle lanes in the City of Bakersfield.
Bakersfield, California, August 30, 1989 - Page 21
Upon a motion by Councilmember Peterson, Resolution
No. 159-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
None
None
None
Ratty,
Adoption of Resolution No. 160-89 of the
Council of the City of Bakersfield
approving the filing of an application for
grant funds for the per capita grant
program under the California Wildlife,
Coastal and Park Land Conservation Act of
1988 for the development of the Kern River
Parkway.
Upon a motion by Councilmember Salvaggio, Resolution
No. 160-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Adoption of Resolution No. 161-89 of the
Council of the City of Bakersfield
superseding Resolution 23-89 to include a
boycott of meetings in the Cities of
Berkeley and San Jose, California.
Upon a motion by Councilmember McDermott, Resolution
No. 161-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Adoption of Resolution No. 162-89 of the
Council of the City of Bakersfield amending
the boundaries of the City of Bakersfield
Domestic Water Service Areas.
Upon a motion by Councilmember Salvaggio, Resolution
No. 162-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
None
None
None
Ratty,
Adoption of Resolution No. 163-89 of the
Council of the City of Bakersfield ordering
the summary vacation of the drainage
easement in Parcel 2 of Parcel Map No. 4821
adjacent to Fairview Road, west of Golden
State Highway, in the City of Bakersfield.
Bakersfield, California, August 30, ~989 - Page 22
Upon a motion by Councilmember
No. 163-89 of the Council of the City
adopted by the following roll call vote:
Salvaggio, Resolution
of ~akersfield was
Ayes-
Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, Anthony,
Peterson, McDermott,
DeMond, Ratty,
Salvaggio
Adoption of Resolution No. 164-89 of the
Council of the City of Bakersfield
authorizing Fuel Efficient Traffic Signal
Management (FETSIM) Program Grant
Application.
Upon a motion by Councilmember McDermott, Resolution
No. 164-89 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Approval of Agreement No. 89-196, amendment
to Service Agreement No. 82-134 with Carl
Warren and Company for outside claims
administration.
Upon a motion by Councilmember Peterson, Agreement
No. 89-196 was approved and the Mayor was authorized to execute
the Agreement.
Approval of Agreement No. 89-197 with
County of Kern for sewer maintenance and
sewage transport, treatment and disposal.
(Portion of County Service Area 71.)
Upon a motion by Councilmember Ratty,
No. 89-197 was approved and the Mayor was authorized
the Agreement.
Agreement
to execute
Approval of Agreement No. 89-198 with
Thorne Environmental for the completion of
the site characterization of the airpark
property associated with pesticide
contamination adjacent to the existing crop
dusting facility.
Upon a motion by Councilmember Salvaggio, Agreement
No. 89-198 was approved and the Mayor was authorized to execute
the Agreement and appropriate $25,000.00 from F.A.A. grant revenue by the
following roll call vote: *See Below.
Approval of Agreement No. 89-199 with
Daniel P. Coffey and Associates, Ltd., for
evaluating the opportunities and
difficulties inherent in the use of the Fox
Theatre as a multipurpose mid-size facility
for the perfor~ning arts.
*Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty, Peterson, McDermott,
Salvaggio
None
None
None
Bakersfield, California, August 30, 1989 - Page 23
Upon a motion by Councilmember Peterson,
No. 89-199 was approved and the Mayor was authorized
the Agreement by the following roll call vote:
Agreement
to execute
Ayes: Councilmembers Smith, Anthony, DeMond,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty,
Sale of Surplus Pickup to the City of
Arvin.
Upon a motion by Councilmember DeMond, the sale of
the surplus pickup was approved.
One vacancy on the Civil Service
Commission, due to the resignation of
William Jing, term expiring December 31,
1990.
Upon a recommendation by Councilmember McDermott,
nominations to the Civil Service Commission will be made by the
September 13, 1989, Council meeting, and appointments will be
made at the September 27, 1989, Council meeting.
One (1) appointment to the Citizens' Parks
and Recreation Committee.
Upon a motion by Councilmember
Anderson was appointed to the Citizens' Parks
Committee.
McDermott, Don
and Recreation
One (1) appointment to
Masonry (URM) Committee.
Representative.)
the Unreinforced
(Councilmember
Since most of the buildings are in the Central
Business District, the Council representative from Ward 2 would
be appropriate.
Upon a motion by Councilmember Salvaggio,
Councilmember DeMond was appointed to the Unreinforced Masonry
Committee.
COUNCIL STATEMENTS
Councilmember Smith requested staff report back
regarding long-range plans for abandoned landfill.
Councilmember Smith requested research into the
possibility of a paved shoulder on Highway 178 and the
possibility of having Highway 178 designated as a scenic
highway east of Fairfax.
Upon a motion by Councilmember Smith, the long-range
plans for the abandoned landfill, the paving of the shoulder on
Highway 178, and designating Highway 178 as a scenic highway
were referred to the Planning Commission.
Upon a motion by Councilmember McDermott, the request
by the Kern Agricultural Foundation for a Resolution of Support
was referred to the Budget and Finance Committee.
Upon a motion by Councilmember DeMond, the matter of
the lights on the outside near the front steps and along the
Eye Street side of City Hall was referred to staff.
Bakersfield, California, August 30, 1989 - Page 24
Councilmember Salvaggio inquired as
trucks parking at White Lane and E1 Potrero.
Councilmember Salvaggio inquired as
the parking lot at the bike path on Manor.
to the status of
to the status of
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned at 10:30 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
kdsc