HomeMy WebLinkAbout07/19/1989 MINUTES CC94
Bakersfield, California, July 19, 1989
Minutes of a Closed Session of the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., July 19, 1989.
The meeting was called to order by Mayor Medders.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders, Councilmembers Anthony, DeMond,
McDermott
Councilmembers Smith, Peterson, Salvaggio
Ratty,
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding Clifford v. City
of Bakersfield.
Upon a motion by Councilmember DeMond, Council
adjourned to the City Manager's Conference Room for Closed
Session at 5:18 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember McDermott, the meeting
was adjourned at 5:45 p.m.
MAYOR of the City of Bakersfield, CA'
ATTEST:
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CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, CA
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Bakersfield, California, July 19, 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., July 19, 1989.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Dick Ferris, Administrator,
Stockdale Christian School, and the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders, Councilmembers
Councilmember Peterson
Smith, Anthony, DeMond,
R a t t y, M c De rmo t t ,
Salvaggio
Calendar:
The
CONSENT CALENDAR
following items were listed on the
Approval of Warrant Nos. 10698 to 10825
inclusive, in the amount of $982,967.55
and approval of Warrants Nos. 001 017
in the amount of $14,567.25.
Minutes of the Workshop and Regular
Meeting of June 28, 1989, for approval.
Communications:
Communication from San Joaquin
Community Hospital, 2615 Eye
Street, dated July 5, 1989,
requesting abandonment of 27th
Street between Chester Avenue
and "H" Street to allow for
diagonal parking. (RECEIVE
AND REFER TO PLANNING
COMMISSION)
Communicatio~ from David Cohn,
Chairman, Bakersfield Planning
Commission, dated July 6,
1989, confirming the June 1,
1989, action of the Planning
Commission recommending
approval of the 1989-94
Capital Improvements Program.
(RECEIVE AND PLACE ON FILE)
Notices of Completion and Acceptance of
Work for the following:
Traffic signal on Hughes Lane
at Planz Road, Contract
No. 89-56, completed July 5,
1989.
2e
Removing and disposing of
contaminated soil on the
extension of Louise Avenue
between Elliott Street and
Union Avenue, Contract
No. 89-116, completed July 5,
1989.
Consent
e. Deleted.
Bakersfield, California, July 19, 1989 - Page 2
f. Deleted.
Agreement No. 89-168 with County of Kern
for construction of signal and lighting
system for Louise Avenue at Union
Avenue.
Award Contract No. 89-169 for
construction of concrete block pumphouse
for Pump Plant No. 25 to Brown and
Lawrence, Inc., in the amount of
$24,333.00 and authorize the Mayor to
execute the Contract.
Upon a motion by Councilmember McDermott, Items a, b,
c, d, g, and h of the Consent Calendar, with the deletion of
Items e and f, were adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
HEARINGS
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.04 of
the Bakersfield Municipal Code relating to
the Uniform Buildings and Construction Code.
of July 1
posted as
This Ordinance was given first reading at the meeting
2, 1989. This hearing has been duly advertised and
required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Ben Benton spoke regarding possible effects on the
Haberfeld Building.
Building Director Cal Bidwell spoke regarding deletion
of Chapters 15.12.200 and 15.12.210.
Industry
Chapters
Barbara Don Carlos, representative
Association of Kern County, spoke in
15.12.200 and 15.12.210.
of the Building
favor of deleting
No further protests or objections being received and no
one else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Adoption of Ordinance No. 3239 of the Council
of the City of Bakersfield amending
Chapter 15.04 of the Bakersfield Municipal
Code relating to the Uniform Buildings and
Construction Code.
Councilmember McDermott informed the Council that the
next several items were referred to and discussed by the Urban
Development Committee.
Bakersfield, California, July 19, 1989 - Page 3
Upon a motion by Councilmember McDermott, Ordinance
No. 3239 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.12 of
the Bakersfield Municipal Code relating to
the Uniform Building Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Ben Benton spoke in opposition to the amendment of
Chapter 15.12 of the Bakersfield Municipal Code.
Building Director Cal Bidwell stated that the codes to
be adopted would not effect existing construction.
No further protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3240 of the Council
of the City of Bakersfield amending
Chapter 15.12 of the Bakersfield Municipal
Code relating to the Uniform Building Code.
No. 3240
with the
following
Upon a motion by Councilmember McDermott, Ordinance
of the Council of the City of Bakersfield was adopted,
deletion of Sections 15.12.200 and 15.12.210, by the
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond, Ratty,
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.16 of
the Bakersfield Municipal Code relating to
the Uniform Mechanical Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3241 of the Council
of the City of Bakersfield amending
Chapter 15.16 of the Bakersfield Municipal
Code relating to the Uniform Mechanical Code.
98
Bakersfield, California, July 19, 1989 Page 4
Upon a motion by Councilmember McDermott, Ordinance
No. 3241 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.20 of
the Bakersfield Municipal Code relating to
the Uniform Housing Code.
This Ordinance was given first reading at the meeting
of July 72, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3242 of the Council
of the City of Bakersfield amending
Chapter 15.20 of the Bakersfield Municipal
Code relating to the Uniform Housing Code.
Upon a motion by Councilmember McDermott,
No. 3242 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,.
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.24 of
the Bakersfield Municipal Code relating to
the Uniform Abatement of Dangerous Buildings
Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public:
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3243 of the Council
of the City of Bakersfield amending
Chapter 15.24 of the Bakersfield Municipal
Code relating to the Uniform Abatement of
Dangerous Buildings Code.
99
Bakersfield, California, July 19, 1989 - Page 5
Upon a motion by Councilmember McDermott,
No. 3243 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.28 of
the Bakersfield Municipal Code relating to
the Uniform Plumbing Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3244 of the Council
of the City of Bakersfield amending
Chapter 15.28 of the Bakersfield Municipal
Code relating to the Uniform Plumbing Code.
Upon a motion by Councilmember McDermott,
No. 3244 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.32 of
the Bakersfield Municipal Code relating to
the National Electrical Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and nc.
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3245 of the Council
of the City of Bakersfield amending
Chapter 15.32 of the Bakersfield Municipal
Code relating to the National Electrical
Code.
100
Bakersfield, California, July 19, 1989 - Page 6
Upon a motion by Councilmember McDermott, Ordinance
No. 3245 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,.
This is the time set for a public hearing to
consider an Ordinance of the Council of the
City of Bakersfield amending Chapter 15.36 of
the Bakersfield Municipal Code relating to
the Uniform Sign Code.
This Ordinance was given first reading at the meeting
of July 12, 1989. This hearing has been duly advertised and
posted as required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Ordinance No. 3246 of the Council
of the City of Bakersfield amending
Chapter 15.36 of the Bakersfield Municipal
Code relating to the Uniform Sign Code.
Upon a motion by Councilmember DeMond, Ordinance
No. 3246 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
This is the time set for a public hearing
before the Council of the City of Bakersfield
on Resolution of Intention No. 1065 declaring
its intention to order the vacation of the
alley in Block 272 (also being a portion of
17th Place between "K" and "L" Streets) in
the City of Bakersfield.
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. Ben Benton requested the same consideration and
attitude be given the Haberfeld Building.
No protests or objections being received and no one
wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Adoption of Resolution No. 135-89 of the
Council of the City of Bakersfield ordering
the vacation of a portion of the alley in
Block 272 (also being a portion of 17th Place
between "K" and "L" Streets) in the City of
Bakersfield.
Bakersfield, California, July 19, 1989 Page 7
Upon a motion by Councilmember Ratty, Resolution
No. 135-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
REPORTS
Correspondence has been received from the League of
Women Voters, P. O. Box 6332, and the United Communities
Coalition, P. O. Box 60285, in support of the stipend for the
Fair Housing Volunteer Testers.
Councilmember Anthony recognized Ed Woodruff of the
NAACP and David Burciaga to address the Council regarding fair
housing. Councilmember Anthony also commended the Council for
their commitment towards fair housing. He also commended the
League of Women Voters and the United Communities Coalition for
their support.
Councilmember Anthony read Budget and Finance
Report No. 36-89 regarding Stipend for the Fair Housing
Testers as follows:
Committee
Volunteer
On June 28, 1989, the City Council referred
communication from the Kern County Department
of Weights and Measures concerning the
payment of a stipend for the Fair Housing
Volunteers.
On July 5, 1989, the Budget and Finance
Committee met with staff to consider this
issue. For the last four years, City and
County CDBG programs have funded the Fair
Housing program. The program has been
administered by the Department of Weights and
Measures of the County of Kern.
On May 30, 1989, the Board of Supervisors
approved the payment of stipends to volunteer
testers checking on the validity of housing
discrimination complaints conducted in the
County incorporated area. The amount of this
stipend is set at $25 per test.
Since this is a jointly-funded project, it is
requested that the City consider this issue.
The Budget and Finance Committee recommends
that payment of a stipend for volunteer
testers be approved. Community Development
staff will report back to the City Council
during the 1990-91 budgeting process
(approximately one year) to review the
results of the stipend program.
Total cost for these stipends is $3,000 with
the City's share amounting to $1,500. Funds
are available to cover this cost.
Bakersfield, California, July 19, 1989 - Page 8
Therefore, it is recommended that the Council
follow the recommendation of the County Board
of Supervisors to allow payment of stipends
for volunteers performing tests for the Fair
Housing Program.
Upon a motion by Councilmember Anthony, Budget and
Finance Committee Report No. 36-89 was accepted.
Mr. Ed Woodruff, NAACP, spoke in support of the Board
of Supervisors and the City Council for their support in the fair
housing of Kern County.
Mr. David Burciaga, United Communities Coalition, spok~
in support of the Fair Housing Program.
Upon a motion by Councilmember Anthony, the
recommendations of Budget and Finance Committee Report No. 36-8!)
were implemented and the payment of stipends for the Fair Housing
Volunteer Testers was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers S m i t h, A n t h o n y,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond, Ratty~.
ACTION ON BIDS
Adoption of Resolution No. 136-89 of the
Council of the City of Bakersfield
determining that certain prime computer
equipment can be reasonably obtained from
only one vendor, the prime dealer, Infocel,
and authorizing the Finance Director to
dispense with bidding therefor, not to exceed
$436,580.00.
Upon a motion by Councilmember Ratty, Resolution
No. 136-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
DEFERRED BUSINESS
Adoption of Zoning Resolution No. 375 of the
Council of the City of Bakersfield denying
the appeal by Domenico J. Scatena from the
decision of the Board of Zoning Adjustment
approving Conditional Use Permit No. 4881 to
amend a previously approved Conditional Use
Permit (No. 4756) allowing a homeless shelter
on that certain property commonly known as
1600 East Truxtun Avenue.
This Resolution sets forth the decision of the Council
following the hearing on the matter held on June 28, 1989.
Bakersfield, California, July 19, 1989 - Page 9
Upon a motion by Councilmember DeMond, Zoning
Resolution No. 375 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond, Ratty,
NEW BUSINESS
First Reading of 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 amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 52.27 acres of the
Harris No. 5 Annexation as an R-S (Residential Suburban) Zone.
First Reading of an Ordinance of the Council
of the City of Bakersfield amending
Section 2.56.030 of the Bakersfield Municipal
Code relating to Museums and Art Galleries.
The Auditorium and Community Services Committee met on
this item (Auditorium and Community Services Report No. 10-89)
and, at the Council meeting of July 12, 1989, recommended that
the Museum Ordinance be changed to be consistent with the leas.e
agreement with the Art Foundation and their operation of th~
Cunningham Art Gallery.
Adoption of Resolution No. 137-89 of the
Council of the City of Bakersfield adopting a
Negative Declaration for the extension of
Louise Avenue east to connect with Union
Avenue.
Upon a motion by Councilmember Salvaggio, Resolution
No. 137-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, De Mond, R atty,
McDermott, Salvaggio
None
None
Councilmember Peterson
Noes:
Abstain:
Absent:
City Clerk Williams announced that there was a change
in the staff recommendation to read, "Motion to approve and
authorize the Mayor to execute the Agreement and Finance Directo~c
to execute documents related thereto."
Approval of Agreement No. 89-170 with Prime
Leasing for financing of Prime 6150 Upgrade.
Bakersfield, California, July 19, 1989 - Page 10
Upon a motion by Councilmember Ratty, Agreement
No. 89-170 was approved, the Mayor was authorized to execute the
Agreement and the Finance Director was authorized to execute
documents related thereto by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
None
None
Councilmember Peterson
DeMond,
Ratty,
Two (2) appointments to the Citizens' Parks
and Recreation Committee.
Upon a motion by Councilmember
Lomas, 1321 O'Neill Avenue, was nominated to
and Recreation Committee.
Salvaggio, Barbara
the Citizens' Parks
COUNCIL STATEMENTS
Councilmember McDermott spoke regarding an article in
the newspaper on a study that implied some criticism of
Bakersfield because the growth rate had slowed to the 68th
fastest growing city out of 448 and stated there were some unfair
evaluations. He urged the Mayor to send a letter to the center'
that believes that rising home costs is a reason to be proud and[
tell them that we are proud because our home costs are staying~
affordable here in Kern County.
Upon a motion by Councilmember Anthony, the matter of
reclassification of several positions within the Fire Department
was referred to the Personnel Committee.
Councilmember Anthony spoke on behalf of Wesley
Crawford, 2720 Mt. Vernon Avenue, and referred the issue of
hiring ex-convicts to the Personnel Committee.
There being no further business to come before the
Council, upon a motion by Councilmember McDermott, the meeting
was adjourned at 7:34 p.m.
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
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