HomeMy WebLinkAbout06/28/1989 MINUTES CCBakersfield, California, June 28, 1989
Minutes of a Workshop of the Council of the
Bakersfield, California, held in the Council Chambers
Hall at 5:15 p.m., June 28, 1989.
City of
of City
The meeting was called to order by Mayor Medders.
Assistant City Clerk Gafford called the roll as
follows:
Present:
Mayor Medders,
Absent: None
Councilmembers Smith, Anthony (seated at
5:30), DeMond, Ratty,
Peterson, McDermott,
Salvaggio
WORKSHOP
Planning Director, Jack Hardisty, provided a brief
explanation of the Transportation Control Measures Project by the
Kern Council of Governments.
Mr. Bart Meays, Kern COG, introduced John Mooneyham and
stated that Kern COG is working with the Air Quality Control
District to clean up the air from mobile resources.
John Mooneyham provided an overview of the
Transportation Control Measures Plan and explained the schedule
for implementation of the "Plan."
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.8 to discuss real property
acquisition (Una Baker, 132 134 East White
Lane).
Upon a motion by Councilmember
adjourned to the City Manager's Conference
Session at 5:38 p.m.
DeMond, Council
Room for Closed
Upon a motion by Councilmember
adjourned from Closed Session regarding real
at 6:07 p.m.
McDermott, Council
property acquisition
Closed Session pursuant to Government Code
Section 54596.9C to initiate litigation.
Councilmember McDermott made a motion to consider
Closed Session pursuant to Government Code Section 54596.9C to
initiate litigation as a matter that arose after the Agenda was
prepared and required action at this time. The ,notion was
approved.
Upon a motion by Councilmember Ratty, Council adjourne~
to Closed Session pursuant to Government Code Section 54596.9C to
initiate litigation at 6:10 p.m.
Bakersfield, California, June 28, 1989 - Page 2
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember McDermott, the meeting
was adjourned at 6:36 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK/an~~ ~/'O~f~i~o~C~le~~L J~noll
of the City of Bakersfield, CA
kds
Bakersfield, California, June 28, 1989
Minutes of the Regular Meeting of
City of Bakersfield, California, held in the
City Hall at 7:00 p.m., June 28, 1989.
the Council of the
Council Chambers of
The meeting was called to order by Mayor Medders,
followed by the Invocation by Reverend Frank Wooden, First
Assembly of God Church, and the Pledge of Allegiance.
Assistant City Clerk Gafford called the roll as
follows:
Present:
Absent:
Mayor Medders,
None
Councilmembers Smith, Anthony, DeMond,
Ratty, Peterson,
McDermott, Salvaggio
PRESENTATIONS
Mayor Medders introduced Georgia Herald, Executive
Director of the volunteer Center of Kern County.
Georgia Herald presented the 1989 Environmental
Volunteer of the Year Award to Bill Cooper for his work on the
Bike Path and the Kern River Parkway Plan.
Mrs .
introduced Bart
the Individual
competition.
Berthiaume of Stockdale Christian School
Pinking, who won first place in the Nationals in
Media Presentation in the National History Day
Mayor Medders presented a plaque to Stockdale Christian
School in recognition of outstanding student performance in the
County, State and National History Day Competition.
Bart Pinking provided a brief overview of his media
presentation regarding former School Superintendent Leo B. Hart.
PUBLIC STATEMENTS
Jeffrey C. Brown, 828 "L" Street, spoke regarding
legitimate rights and needs of Ward 1.
Courtney A. Schieber, 1801 Panorama Drive, spoke
regarding democracy in China.
Mayor Medders presented to Courthey Schieber a
proclamation setting forth June 28 through July 4 as Democracy
Week in Bakersfield.
Upon a motion by Councilmember Salvaggio, Item 12F of
the Agenda was moved forward on the Agenda to be acted upon at
this time.
Adoption of Resolution No. 114-89 of the
Council of the City of Bakersfield supporting
Pro-Democracy efforts in the City of Beijing,
People's Republic of China.
Upon a motion by Councilmember Salvaggio,
No. 114-89 of the Council of the City of Bakersfield
by the following roll call vote:
Resolution
was adopted
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty,
Peterson,
Bakersfield, California, June 28, 1989 - Page 2
Upon a motion by Councilmember Salvaggio, the Council[
urged the Kern County Board of Supervisors to pass a similar
resolution to support the Pro-Democracy Movement in China.
Bruce Ball, 5905 Azalea Avenue, Director of Bethany
Service Center, spoke regarding Bakersfield Homeless Center..
Mr. Ball submitted and read a letter from William Thomas dated
June 16, 1989, congratulating Bethany Service Center for
receiving the $200,000 Federal Emergency Shelter Grant.
William Pinckard, 7618 South Union
regarding Carpenters for Homeless Center. Mr.
they have people available to build the Homeless
Avenue, spoke
Pinckard stated
Center.
Edward Watts, 2109 Earlene Court, President of the
Firemen's Labor Organization, spoke regarding the Fire Department
Budget.
Douglas L. Zimmerman, 200 West Jeffrey Street, Building
Trades Secretary for the Kern Building Trades, stated that they
will donate labor for the construction of the Homeless Shelter.
Councilmember Ratty directed staff to send a message to
the Community Development Director that people have an interest
in building the Homeless Shelter.
HEARINGS
This is the time set for a public hearing to
consider a referral from Kern County amending
the Kern County General Plan, Kern River Plan
Element for property located south of Roberts
Lane, 300 feet east of Hart Street.
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.
the staff
large map
Leland Yeoman, 1727 27th Street, spoke in opposition to
recommendation and submitted 8-1/2" X 11" maps and one
with photographs of the project area.
the staff
the Board
Scott Meyers, B & B Builders, spoke in opposition to
recommendation to recommend denial of the amendment to
of Supervisors.
the staff
the Board
Gerry Hendrix,
recommendation
of Supervisors.
Civil Engineer, spoke in opposition to
to recommend denial of the amendment to
Bill Cooper, Chairman of the Kern River Parkway
Committee, spoke in support of the staff recommendation to
recommend denial of the amendment to the Board of Supervisors.
Debra Olsen spoke in support of the staff
recommendation to recommend denial of the amendment to the Boarfl
of Supervisors.
Arthur Unger, 2815
of the Kern Kawaii Chapter of
of the staff recommendation.
LaCresta Drive, Conservation Chair
the Sierra Club, spoke in support
Bakersfield, California, June 28, 1989 - Page 3
Gerry Hendrix spoke in rebuttal in opposition to the
staff recommendation.
Bill Cooper spoke in rebuttal in support of the staff
recommendation.
Arthur Unger spoke in rebuttal in support of the staff
recommendation.
Joe ?latz, 9001 Andrew Court, spoke in rebuttal
support of the staff recommendation.
No further protests or objections being received, and
no one else wishing to speak in favor, Mayor Medders closed th~
public portion of the hearing for Council deliberation and
action.
Upon a motion by Councilmember
recommended denial of the amendment to the
by the following roll call vote:
Salvaggio, Council
Board of Supervisors
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony,
McDermott, Salvaggio
Councilmember Peterson
None
None
DeMond,
Ratty,
This is the time set for public hearing
before the Council for hearing protests by
property owners on the amount of assessments
or the fairness of the benefit formula for
maintaining certain local improvements, to be
borne by all parcels of property within
Maintenance District No. 1 (Vineyards).
This hearing was rescheduled from the Budget Hearings
held on June 5, 1989. This hearing has been duly advertised,
posted, and the property owners notified as required by law.
Upon the request of Councilmember McDermott, Mayor
Medders recessed the meeting at 8:36 p.m. The meeting reconvened
at 8:45 p.m.
Mayor Medders declared the hearing open for public
participation.
Paul Kronenberg spoke in opposition to Maintenance
District No. 1 and submitted correspondence dated June 28, 1989~.
regarding Protest of Maintenance District No. 1 Fees for 1989-90.
Don Lindsey, Oceanic, spoke in support of staff
recommendation.
Paul Kronenberg spoke in rebuttal in opposition to the
staff recommendation.
Don Lindsey, Oceanic, spoke in rebuttal in support
the staff recommendation.
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.
Bakersfield, California, June 28, 1989 - Page 4
Adoption of Resolution No. 715-89 of the
Council of the City of Bakersfield for
Maintenance District No. I approving and
adopting the 1989-90 Budget, levying
assessments, reserving the right to perform
maintenance work by City forces and
authorizing collection of assessments by the
Kern County Tax Collector.
Upon a motion by Councilmember Peterson, Resolution
No. 115-89 of the Council of the City of Bakersfield approving
budget, levying assessments, reserving the right to perform
maintenance work by City forces and authorizing collection of
assessments by the Kern County Tax Collector was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,.
This is the time set for a public hearing to
consider an appeal by Domenico J. Scatena to
the decision of the Board of Zoning
Adjustment approving Conditional Use
Permit #4881 to relocate a portion of the
shelter and retaining an existing building
for the homeless shelter previously approved
by Conditional Use Permit #4756 at 1600 East
Truxtun Avenue.
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.
Domenico J. Scatena, 616 Magnolia, spoke in support of
the appeal.
Elwood Champness, 7804 Merry Court, spoke in support of
the appeal.
Bruce Ball, 5905 Azalea, spoke in opposition to the
appeal.
Jeffrey Brown, 828 "L" Street, spoke in opposition to
the appeal.
Domenico J. Scatena spoke in rebuttal to support the
appeal.
Elwood Champness spoke in rebuttal to support the
appeal.
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.
Councilmember DeMond made a motion to uphold the
decision of the Board of Zoning Adjustment.
John Spaulding, Operating Engineers' Local 12, verified
their commitment to the Homeless Shelter Project.
Councilmember DeMond made a motion to call for the
question. The motion was approved.
Bakersfield, California, June 28, 1989 - Page 5
The motion made by Councilmember DeMond to uphold the
decision of the Board of Zoning Adjustment was approved by the
following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Councilmember DeMond requested that any agreements o~
items regarding the Homeless site be brought back at the next
meeting.
This is the time set for a public hearing to
consider and act upon the adoption of an
Ordinance of the Council of the City of
Bakersfield establishing sewer connection
charges for Fiscal Year 1989-90.
This Ordinance was given first reading at the meeting
of May 31, 1989. This hearing has been duly advertised and
posted as required by law.
City Attorney Arthur J. Saalfield stated that under New
Procedures, when scheduled Hearings have not commenced prior to
10:00 p.m., the Council should decide whether to contiaue such
matters at the next Regular Meeting of the Council or to proceed
with such matters.
Councilmember Peterson made a motion
item after the 10:00 p.m. deadline for Hearings.
approved.
to consider this
The motion was
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. 3233 of the Council
of the City of Bakersfield establishing sewer
connection charges for Fiscal Year 1989-90.
Upon a motion by Councilmember Ratty, Ordinance
No. 3233 of the Council of the City of Bakersfield establishing
sewer connection charges for Fiscal Year 1989-90 was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
Councilmembers Peterson, Salvaggio
None
None
Ratty, McDermott
REPORTS
Councilmember Peterson, Chairperson of the Litigation
Committee, read Report No. 4-89 regarding Public Statements
addressing matters on the agenda for hearing as follows:
On April 26, 1989, the City Council referred
to this Committee the problem raised when the
Public Statement portion of the Council's
agenda is used to address the Council on
matters set for hearing. Such a practice is
cumbersome, can be used to circumvent
ordinance-set time limits for hearings, and
may present legal difficulties when input on
hearing matters is received outside of and is
not part of the record of such hearings.
Bakersfield, California, June 28, 1989 - Page 6
The statement which appears on the Council's
agenda under Public Statements needs to be
revised to inform the public that "Public
Statements" are for non-hearing matters only.
The Committee recommends that the statement
on the agenda and on the Public Statement
Speaker' s Card be r evis ed to read
substantially as follows:
You are invited to address the Council
at this time on any matter related to
City business except matters set for
hearing at this meeting before this
Council. To do so, fill out a Speaker's
Card and present it to the Clerk before
the meeting. (If your name appears on
the agenda for a Scheduled Public
statement, you need not fill out a
card.) Statements are limited to three
(3) minutes. The Council will take no
action other than referring the issue
to a Committee or Staff.
The Committee also recommends that the
Council show restraint in exercising its
discretion to defer public statements on
non-hearing agenda items to the point where
such items appear on the agenda. Such a
practice can lead to "mini" hearings under
deferred and new business. Where a number of
public statements relate to an agenda item,
the Council may always elect to take that
item out of order and act upon it immediately
after such statements.
Upon a motion by Councilmember Peterson, Litigation
Committee Report No. 4-89 was accepted.
Councilmember McDermott requested Litigation Committee
Report No. 4-89 be amended as follows:
You are invited to address the Council at
this time on any matter related to City
business except matters set for hearing at
this meeting before this .
Upon a motion by Councilmember Peterson, the
recommendations of Litigation Committee Report No. 4-89 were
implemented with the amendment.
Councilmember Smith read Urban Development Committee
Report No. 12-89 regarding Skateboards at City Buildings as
follows:
The Municipal Code prohibits the riding of
bicycles, roller skates, coasters, toy
vehicles or similar devices upon any sidewalk
in any business district (10.52.010).
Bakersfield, California, June 28, 1989 - Page 7
In response to concern over the use of
skateboards on steps, ramps and landings of
City Hall, the City Attorney has drafted an
amendment to the Municipal Code to
specifically prohibit skateboarding upon
steps, landings, entranceways or halls of
City Hall or any other City-owned building
not specifically designated for such use.
The ordinance is amended to focus
applicability to the "Central Traffic
District" (boundaries are F, Q, and 25th
Streets and the Santa Fe Tracks) rather than
generally referencing "business district."
This ordinance is necessary to protect the
public safety of citizens and employees of
City buildings, but also of those tempted to
try their skills at our door step. The Urban
Development Committee agrees with our City
Attorney that allowing skateboarding around
our public buildings needlessly exposes the
City to liability because of accidents which
may occur and damage to our facilities.
It is recommended that the attached ordinance
be adopted.
Upon a motion by Councilmember Smith, Urban Development
Committee Report No. 12-89 was accepted.
First Reading of an Ordinance of the Council
of the City of Bakersfield amending
Section 10.52.010 of the Bakersfield
Municipal Code relating to use of bicycles,
skateboards and similar vehicles in the
Central Traffic District.
Upon a motion by Councilmember Smith, First Reading was
given to an ordinance of the Council of the City of Bakersfield
amending Section 10.52.010 of the Bakersfield Municipal Code
relating to use of bicycles, skateboards and similar vehicles in
the Central Traffic District.
Councilmember McDermott, Chairperson of the Urban
Development Committee, read Report No. 13-89 regarding Land
Divisions and Oil Well Sites as follows:
The Planning Commission
adoptioa of the attached
the City's Subdivision
proposed changes are:
has recommended
ordinance amending
Ordinance. The
Section 16.08.020 to clarify that
the advisory agency for waiver of
signatures for right of surface
entry is the City Engineer and the
advisory agency for reservations
and delineations of drill sites on
tentative maps is the Planning
Commission.
Section 16.12.030(F) to allow a
parcel map waiver or a lot line
adjustment to be used to make
substandard lots more conforming to
the law.
Bakersfield, California, June 28, 1989 - Page 8
Section 16.20.060(B2) and (3) to
clarify that express waivers by
recorded document may be used in
lieu of signatures on maps waiving
right of surface entry and that
publication once in a newspaper of
general circulation can be
substituted for registered mail if
it is impractical to mail notices
to all mineral right holders.
Section 16.22.030(B) refers to the
provisions of Section 16.20.060(B)
as providing the requirements for
waiver of signatures on
certificates as they relate to
mineral rights holders.
Section 16.32.100(B3) to allow
"penny tags" to be used in place of
redwood stakes, iron rod or iron
pipe as survey markers for lot
corners.
Section 16.20.060(D) exempts the
same property for which the issues
of oil well sites have been
resolved from going through
reconsideration of those issues
upon further subdivision.
The Planning Commission conducted hearings on
this ordinance on April 6, 1989, and
April 20, 1989. At the conclusion of their
hearing they approved the negative
declaration and recommended Council adoption
of the ordinance.
The Urban Development Committee has reviewed
the ordinance and record of proceedings and
agrees with the proposed changes.
It is recommended that the attached ordinance
be adopted.
First Reading of an Ordinance of the Council
of the City of Bakersfield amending
Section 16.08.020, Subsections D. and F. of
Section 16.12.030, Subsection B. of
Section 16.20.060, Subsection B of Section
16.22.030 and Subsection B.3. of Section
16.32.100, and adding Subsectioa D. to
Section 16.20.060 of the Bakersfield
Municipal Code relating to parcel and tract
maps.
Upon a motion by Councilmember McDermott, Urban
Development Committee Report No. 13-89 was accepted and First
Reading was given to an Ordinance of the Council of the City of
Bakersfield amending Section 16.08.020, Subsections D. and F. of
Section 16.12.030, Subsection B. of Section 16.20.060, Subsection
B of Section 16.22.030 and Subsection B.3. of Section 16.32.100,
and adding Subsection D. to Section 16.20.060 of the Bakersfield
Municipal Code relating to parcel and tract maps.
70
Bakersfield, California, June 28, 1989 - Page 9
Councilmember McDermott read Budget and Finance
Committee Report No. 31-89 regarding approval and adoption of
Fiscal Year 1989-90 Budget as follows:
On June 14, 1989, this Committee presented to
the Council the Budget and Finance Committee
Report No. 30-89 regarding the Fiscal Year
1989-90 Operating, Capital Improvements and
Central District Development Agency Budgets.
That Report recommended various changes to
the Proposed Budget and the adoption and
approval of the City's appropriation's limit
and Fiscal Year 1989-90 Budgets by resolution
of the Council.
This Report, therefore, includes the
appropriate resolutions implementing the
City' s Appropriation Limit; the City of
Bakersfield Operating and Capital
Improvements Budget; the Central District
Development Agency Operating and Capital
Improvements Budget; and Budgets for the use
of Community Development Block Grant Funds.
This Committee recommends acceptance of this
Report and the adoption of these Resolutions.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 31-89 was accepted.
Adoption of Resolution No. 116-89 of the
Council of the City of Bakersfield
establishing the City of Bakersfield
Appropriation Limit for Fiscal Year 1989-90
Upon a motion by Councilmember McDermott, Resolution
No. 116-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson~,
Adoption of Resolution No. 117-89 of the
Council of the City of Bakersfield approving
and adopting the Operating and Capital
Improvements Budgets for the City of
Bakersfield, California, for the Fiscal Year
1989-90.
Upon a motion by Councilmember McDermott, Resolution
No. 117-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Bakersfield, California, June 28, 1989 - Page 10
?!
Adoption of Resolution No. 118-89 of the
Council of the City of Bakersfield approving
and adopting the Operating and Capital
Improvements Budgets for the Central District
Development Agency for the Fiscal Year
1989-90.
Councilmember Ratty disqualified himself from votin~
due to a possible conflict of interest.
Upon a motion by Councilmember McDermott, Resolutio~
No. 118-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
Councilmember Ratty
Peterson,
Adoption of Resolution No. 119-89 of the
Council of the City of Bakersfield approving
and adopting the Operating and Capital
Improvement Budgets for the use of Community
Development Block Grant Funds for the Fiscal
Year 1989-90.
Councilmember Anthony disqualified himself from voting
due to a possible conflict of interest.
Upon a motion by Councilmember McDermott, Resolution
No. 119-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, R atty,
McDermott, Salvaggio
None
None
Councilmember Anthony
Peterson~
Councilmember Ratty, Chairman of the Budget and Finance
Committee, read Report No. 32-89 regarding the Society for the
Prevention of Cruelty to Animals (S.P.C.A.) Fiscal Year 1989-90
Funding as follows:
The Budget and Finance Committee has reviewed
a request for additional funding for Animal
Control Services as part of its review of the
Proposed 1989-90 Budget, and has discussed
the request with City staff. The S.P.C.A.
has a five-year agreement with the City,
which allows for adjustment due to increased
operating costs. After considerable
discussion, it was determined that additional
funding in the proposed Fiscal Year 1989-90
Budget was necessary to provide adequate
animal control services for the City by the
S.P.C.A.
Therefore, the Committee recommends the
approval of this report and the adoption of
the Resolution amending Agreement No. 86-116
between the City of Bakersfield and the
S.P.C.A.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 32-89 was accepted.
Bakersfield, California, June 28, 1989 - Page 11
Approval of Agreement No. 89-153, Amendment
to Agreement No. 86-166 with the Society for
the Prevention of Cruelty to Animals.
Upon a motion by Councilmember Ratty, the
recommendations of Budget and Finance Committee Report No. 32-89
were implemented, Agreement No. 88-153 was approved, and the
Mayor was authorized to execute the Agreement.
Councilmember DeMond requested staff to review problems
with response from people at S.P.C.A.
Councilmember Ratty, Chairperson of the Budget an~
Finance Committee, read Report No. 33-89 regarding the Greater
Bakersfield Convention and Visitors Bureau as follows:
On May 17, 1989, the City Council referred to
the Budget and Finance Committee the annual
contract with the Greater Bakersfield
Convention and Visitors Bureau.
The Committee met with representatives of the
Convention and Visitors Bureau, including the
Executive Director, to review their
anticipated work plan. They outlined their
plans to continue their marketing efforts and
to further promote the City of Bakersfield as
a convention and visitors destination.
Based upon this review, the Committee
recommends that the Mayor be authorized to
execute the Agreement between the City of
Bakersfield and the Greater Bakersfield
Convention and Visitors Bureau.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 33-89 was accepted.
Approval of Agreement No. 89-154 with the
Greater Bakersfield Convention and Visitors
Bureau.
Upon a motion by Councilmember Ratty, the
recommendations of Budget and Finance Committee Report No. 33-89
were implemented, Agreement No. 89-154 was approved, and the
Mayor was authorized to execute the Agreement.
Councilmember McDermott read Budget and Finance
Committee Report No. 34-89 regarding amendments to Fiscal Year
1988-89 Operation and Capital Improvements Budgets for the City
of Bakersfield as follows:
On March 29, 1989, the City Council adopted
the amendments to Resolution No. 118-88, the
Fiscal Year 1988-89 Operating and Capital
Improvements Budgets for the City of
Bakersfield. Since adopting the amendments,
the Council has taken several actions which
have impacted the amended appropriations.
These actions include the appropriation of
funds from Community Development Block Grant
Revenue, Seized Property Trust, Council
Contingency, and other sources as indicated
on Exhibit "A" of the proposed Resolution.
Bakersfield, California, June 28, 1989 - Page 12
Exhibit "A" includes both the items adopted
in the Mid-Year Budget Amendments and the
additional items for which appropriations are
being requested in the Year End Budget
Amendments. Additional items include the
refund of Refuse Fees to fund Gate Fee costs;
Land and Land Improvement costs for the
Homeless Facility Project; funds for the
purchase of the Grand Drape for the Civic
Auditorium; salary settlement increases for
Fire Safety; and additional equipment funding
for the Police Vehicle Take-Home Program.
As a matter of conformance to City accounting
practices and budgetary controls, it is
necessary that the budget be amended to
reflect these changes. The total net change
in appropriations are as follows:
Operation and Debt
Service
Capital Improvements
Council Amended Council Amended
Mid Year Year End Net Chang~
$100,309,738
31,040,340
$ 98,340,958 ($1,968,7801~
31,666,870 626,530
Total Appropriations $131,350,078 $130,007,828 $1,342,250
Upon review of these amendments, the
Committee recommends the approval of this
report and the adoption of the proposed
Resolution.
Councilmember Ratty disqualified himself from voting
due to a possible conflict of interest.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 34-89 was accepted.
Adoption of Resolution No. 120-89 of the
Council of the City of Bakersfield amending
Resolution Nos. 118-88 and 42-89, approving
and adopting the Operating and Capital
Improvements Budgets for the City of
Bakersfield for Fiscal Year 1988-89.
Upon a motion by Councilmember McDermott, Resolution
No. 120-89 of the Council of the City of Bakersfield was adopte~[
by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Resolution No. 121-89 of the
Council of the City of Bakersfield amending
Resolution No. 119-88 approving and adopting
the Operating and Capital Improvements
Budgets for the Central District Development
Agency for the Fiscal Year 1988-89.
74
Bakersfield, California, June 28, 1989 - Page 13
Upon a motion by Councilmember McDermott, Resolution
No. 121-89 of the Council of the City of Bakersfield was adopteS
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
Councilmember Ratty
Peterson,
The
Calendar:
CONSENT CALENDAR
following items were listed on the
Approval of Warrant Nos. 9765 to 10213
inclusive, in the amount of
$2,064,157.95.
Communications:
Communication from R. Brian
Kidney, Chief Clerk,
California Assembly
Legislature, P. O. Box
9422849, dated June 6, 1989,
regarding Assembly Concurrent
Resolution No. 25 relative to
victims of pornography.
(RECEIVE AND PLACE ON FILE)
Communication from National
Advertising Company, 11233
N. Stemmons Freeway, Dallas,
Texas, dated June 12, 1989,
regarding proposed changes to
the Sign Ordinance. (RECEIVE
AND REFER TO PLANNING
COMMISSION)
e
Communication from Kevin Rupp,
2702 20th Street, dated
June 14, 1989, submitting his
resignation from the Historic
Preservation Commission.
(RECEIVE AND PLACE ON FILE)
Communication from City
Manager, Dale Hawley, dated
June 27, 1989, regarding
automobile expenses. (RECEIVE
AND REFER TO BUDGET AND
FINANCE COMMITTEE)
Dedication of Properties:
Grant Deed from River Ranch
Estates for a domestic water
well lot in Tract No. 5035.
(Deed No. 3125)
e
Grant of Easement to Pacific
Bell for underground
communicatiou facilities on
City owned property located at
the northeast corner of Pin
Oak Park. (Deed No. 3126)
Consent
Bakersfield, California, June 28, 1989 - Page 14
d. Notices of Completion and Acceptance of
Work for the following:
Removing and disposing of four
(4) abandoned underground
tanks at various locations,
Contract No. 89-84, completed
June 16, 1989.
e
Wastewater Treatment Plant
No. 2 landleveling of 140 acre
parcel, Contract No. 89-83,
completed June 19, 1989.
Removal and disposal of sludge
in Aerated Lagoon #1 at
Wastewater Treatment Plant
No. 2, Contract No. 89-55,
completed June 20, 1989.
Approval of Plans and Specifications for
the construction of Coffee Road culvert
at the Calloway Canal and the Coffee
Road Bridge at the Friant-Kern Canal.
Uncollectible Accounts Receivable-
Property Damage Self-Insurance Program.
Common Use Agreement No. 89-155 with
North Kern Water Storage District for
constructing and maintaining concrete
box culvert for the Coffee Road crossing
of the Calloway Canal.
Agreement No. 89-156 with County of Kern
for construction of Louise Avenue
Extension.
Agreement No. 89-157 with State of
California, Contracts Officer of
California State University,
Bakersfield, for use of the City Police
Pistol Range.
Agreement Nos. 89-158 and 89-159,
Approval of Assignment of Public
Improvement Agreement (Agreement
No. 87-199) and Availability Fee
Agreement (Agreement No. 88-94) from
Clifford E. Bressler, Trustee in
Bankruptcy for the Estate of Jean and
Madonna Laborde, to Unibel 1
International Co., Ltd.
Upon a motion by Councilmember DeMond, Item J was
considered as an item that arose after the Agenda was prepared
and requires action at this time. Item J was added to the
Consent Calendar of the Agenda by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, June 28, 1989 - Page 15
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i and j of the Consent Calendar were adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Upon a motion by Councilmember Smith, Council agreed to
continue to act upon the items remaining on the Agenda after the
11:00 p.m. deadline.
ACTION ON BIDS
Grading the east and southeast portions of
Westminster Ceramics site.
Upon a motion by Councilmember Ratty, all bids were
rejected.
Approval of Contract No. 89-160 with Granite
Construction for widening of Gilmore Avenue
between State Route 99 and Pierce Road and
the resurfacing of 19th Street between "N"
Street and Union Avenue.
Upon a motion by Councilmember DeMond, the low bid from
Granite Construction in the amount of $227,568.60 was accepted,.
the other bid rejected, and the Mayor was authorized to execute
the Contract.
500 Refuse Containers and 2 Lift Mechanisms
for Sanitation Division.
Upon a motion by Councilmember Peterson, the bid froIll
Toter, Inc., in the amount of $36,517.00 was accepted.
Approval of Contract No. 89-161 with Micon
Construction Company for Clarifier Scum Box
Modification at Wastewater Treatment Plant
No. 2.
Upon a motion by Councilmember DeMond, the low bid from
Micon Construction Company in the amount of $27,374.00 was
accepted, the other bid rejected, and the Mayor was authorized to
execute the Contract.
Approval of Contract No. 89-162 with Brown &
Lawrence for Monitor Sump Storm Drain
Extension.
Upon a motion by Councilmember Salvaggio, the low bid
from Brown & Lawrence in the amount of $27,355.00 was accepted,
all other bids rejected, and the Mayor was authorized to execute
the Contract.
Concrete Block Pumphouse for Pump Station
No. 25 located near Coffee and Brimhall
Roads.
Upon a motion by Councilmember Ratty, the bid was
rejected.
Bakersfield, California, June 28, 1989 - Page 16
DEFERRED BUSINESS
Adoption of Ordinance No. 3234 of the Council
of the City of Bakersfield amending Title
Seventeen of the Bakersfield Municipal Code
by changing the land use zoning of those
certain properties in the City of Bakersfield
located on the east side of Buena Vista Road
approximately one-fourth mile south of White
Lane from an R-1 (One Family Dwelling) Zone
to an R-2 (Limited Multiple Family Dwelling)
Zone on 1.72 acres and from an R-2 (Limited
Multiple Family Dwelling) Zone to an R-1 (One
Family Dwelling) Zone on 1.52 acres.
This Ordinance was given first reading at the meeting
of June 14, 1989.
Upon a motion by Councilmember McDermott,
No. 3234 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Adoption of Ordinance No. 3235 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
south of Freeway 178 approximately one-fourth
mile west of Oswell Street from a P.C.D.
(Planned Commercial Development) Zone to a
Revised P.C.D. (Planned Commercial
Development) Zone.
This Ordinance was given first reading at the meeting
of June 14, 1989.
Upon a motion by
No. 3235 of the Council of the
the following roll call vote:
Councilmember Smith,
City of Bakersfield was
Ordinance
adopted by
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson,~
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3236 of the Council
of the City of Bakersfield amending
Subsection A of Section 5.18.140 of the
Bakersfield Municipal Code relating to
Charitable Solicitations.
This Ordinance was given first reading at the meeting
of June 14, 1989.
Bakersfield, California, June 28, 1989 - Page 17
Upon a motion by Councilmember Peterson,
No. 3236 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
Peterson,
Adoption of Resolution No. 122-89 of the
Council of the City of Bakersfield declaring
and determining that, no bids having been
received, the materials may be more
economically purchased on the open market,
and authorizing the Mayor to execute Contract
with Maxim Builders, Inc., for metal
buildings for the homeless shelter.
Approval of Agreement No. 89-163 with Maxim
Builders, Inc., for metal buildings for the
Homeless Shelter.
Upon a motion by Councilmember DeMond, Resolutiou
No. 122-89 of the Council of the City of Bakersfield was adopted.,
Agreement No. 89-163 was approved, and the Mayor was authorized
to execute the Agreement by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
Peterson,.
Adoption of Resolution No. 123-89 of the
Council of the City of Bakersfield providing
for the collection of refuse charges by the
County Tax Collector.
Upon a motion by Councilmember Ratty, Resolution
No. 123-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Adoptio,~ of Resolution No. 124-89 of the
Council of the City of Bakersfield amending
Exhibit "A" (Estimate of Cost for Community
Improvements for Ten-Year Period 1985-1995)
of Site Plan Review Policy approved by
Council Resolution No. 21-85, as amended by
Resolution Nos. 122-87 and 130-88, and
specifying fee per vehicle trip established
by that policy.
Upon a motion by Councilmember Ratty, Resolution
No. 124-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
Bakersfield, California, June 28, 1989 - Page 18
Adoption of Resolution No. 125-89 of the
Council of the City of Bakersfield approving
the Drug Abuse Resistance Education
(D.A.R.E.) Agreement with the Fruitvale
School District.
Approval of Agreement No. 89-164 with
Fruitvale School District for the Drug Abuse
Resistance Education (D.A.R.E.).
Upon a motion by Councilmember Anthony, Resolution
No. 125-89 of the Council of the City of Bakersfield was adopted,
Agreement No. 89-164 was approved, and the Mayor was authorized
to execute the Agreement by the following roll call vote:
Ayes: Councilmembers Smith, Anthony, DeMond, Ratty, Peterson~,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Resolution No. 126-89 of the
Council of the City of Bakersfield approving
grant application proposal for a third year
Drug Abuse Resistance Education (D.A.R.E.)
Grant.
Upon a motion by Councilmember McDermott, Resolution
No. 126-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond, Ratty,
McDermott, Salvaggio
None
None
None
Peterson,~
One vacancy on the Bakersfield Airpark
Advisory Committee, due to the expiration of
term by Oscar Anthony, term expired June 17,
1989. (4-year term)
This item was continued from the meeting of June 14,
1989.
Upon a request by Councilmember Anthony, Mayor Medders
left the vacancy on the Bakersfield Airpark Advisory Committee
vacant and this item will be placed back on the Agenda in one
month.
Three (3) appointments to the Citizens' Parks
and Recreation Committee.
This item was continued from the meetings of May 31,
and June 14, 1989.
Upon a motion by Councilmember Peterson, Terry Gosney
was appointed to the Citizens' Parks and Recreation Committee.
Adoption of Resolution No. 127-89 of the
Council of the City of Bakersfield revising
dates of regular Council meetings and
workshops hereto set for the months of
August, September, October, November and
December 1989.
8O
Bakersfield, California, June 28, 1989 - Page 19
Upon a motion by Councilmember DeMond, Resolutioa
No. 127-89 of the Council of the City of Bakersfield was adopted
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Anthony, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
COUNCIL STATEMENTS
Upon a motion by Councilmember Ratty, a letter from
Barber Pontiac regarding renaming a street Buck Owens Drive was
referred to the Urban Development Committee for review and report
back to Council.
Councilmember Ratty made an announcement that he will
not run for re-election in November.
Upon a motion by Councilmember Salvaggio, a memo dated
June 27, 1989, from Dale Hawley, City Manager, regarding LAFCO
referral concerning formation of Rancho Verdugo County Water
District was referred to the Water Resources Committee.
Upon a motion by Councilmember Salvaggio, a letter from
Monty Harper, Director, Kern County Department of Weights and
Measures, regarding fair housing in Kern County was referred to
the Budget and Finance Committee.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was:
adjourned at 11:25 p.m.
MAYOR of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, CA
kds