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HomeMy WebLinkAbout01/04/1989 MINUTES CCBakersfield, California, January 4, 1989 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session, held in the Council Chambers of City Hall at 5:15 p.m., January 4, 1989. The meeting was called to order by Mayor Medders. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders, Councilmembers Childs, DeMond, Smith, Ratty, Peterson, Salvaggio (seated at 5:25 p.m.) Councilmember McDermott CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Clifford vs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Mead rs. City of Bakersfield. Closed Session pursuant to Government Code Section 54956.9(a) regarding Miner vs. City of Bakersfield. Upon by motion by Councilmember Childs, Council adjourned to the City Manager's Conference Room for Closed Session. Council, ADJOURNMENT There being no further business to come before the the meeting was adjourned at 6:10 p.m. MAY B ATTEST: CITY CLERK and Ex Officio Clerk of the of the City of Bakersfield, California Council Bakersfield, California, January 4, 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., January 4, 1989. Vice Mayor Smith presented the Mayor's gavel to Mayor Medders. The meeting was called to order by Mayor Medders followed by the Invocation by Frank l%ooden, First Assembly of God Church, followed by the Pledge of Allegiance by Boy Scout Den NO. 2, Pack 533, Meridian District. City Clerk Williams called the roll as follows: Present: Absent: Mayor Medders. Councilmembers Childs, DeMond, Smith, Ratty, Peterson, Salvaggio Councilmember McDermott MINUTES Upon a motion by Councilmember Salvaggio, minutes of the Special Meeting of October 12, 1988 (5:15 p.m.), Special Meeting of October 12, 1988 (5:55 p.m.), Regular Meeting of October 12, 1988, Special Meeting of October 26, 1988, Special Meeting of November 9, 1988, and Regular Meeting of November 9, 1988, were approved. PUBLIC STATEMENTS Mr. Jeffrey C. Brown, 901 Pershing Street, spoke regarding basic human rights concerning employment in Bakersfield and Kern County. Mr. C. E. Trotter, Engineer Manager, Arvin Edison Water Storage District, Post Office Box 175, Arvin, re- quested Council adopt a Resolution supporting the renewal of the Water Service Contract for the Water District in Kern County. Upon a motion by Councilmember Salvaggio, the renewal of the Water Service Contract for the Water District in Kern County was referred to the Water Resources Committee. Mr. John Tsitakis, Board of Directors, Kern River Archers, 5901 Savory Lane, spoke regarding inclusion of the Archery Range in the Kern River Plan with space along the Kern River Corridor, and submitted additional petitions and letters of support from the State and National organizations. Upon a motion by Councilmember Peterson, the inclusion of the Archery Range in the Kern River Plan was referred to the Water Resources Committee. Mr. Kevin Rupp, 2702 20th Street, spoke in support of converting the Fox Theatre to a performing arts theatre. Mr. Richard Robinson, 711 Union Avenue #37, spoke regarding working towards a doctorate. Mr. Charles G. Waide, Jr., Kern County Public Employees Union, spoke regarding contract negotiations with the White and Blue Collar Units. He congratulated Mayor Medders on being elected as Mayor. Mr. Bernard Bogatte, 1101 Oleander, asked to defer speaking to the Council until after he heard the Council's report on the Fox Theatre. Bakersfield, California, January 4, 1989 - Page 2 HEARINGS THIS IS THE TIME SET FOR A PROTEST HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD FOR THE PURPOSE OF HEARING ANY PERSON OWNING REAL PROPERTY WITHIN TERRITORY DESIGNATED AS CASA LOMA NO. 2, PROPOSED TO BE ANNEXED TO THE CITY OF BAKERSFIELD (WARD 1). 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 protests or objections being received, and no one wishing to speak, Mayor Medders closed the public portion of the hearing for Council deliberation and action. ADOPTION OF RESOLUTION NO. 1-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT NO MAJORITY WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIG- NATED AS PROCEEDING NO. 978, ANNEXATION 326, CASA LOMA NO. 2, ANNEXED TO THE CITY OF BAKERSFIELD (WARD 1). Upon a motion by Councilmember Childs, Resolution No. 1-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio Noes: None Abstain: None Absent: Councilmember McDermott Ratty, THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD ON RESOLUTION OF INTENTION NO. 1054 DECLARING ITS INTENTION TO ORDER THE ABANDONMENT OF THE PUBLIC UTILITIES EASEMENT RESERUED IN THE VACATED ALLEY IN BLOCK 212 OF THE KERN DIVI- SION IN THE CITY OF BAKERSFIELD, LOCATED NORTH OF EAST CALIFORNIA AVENUE, EAST OF MILLER STREET. 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 RESOLUTION NO. 2-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING THE ABANDONMENT OF THE PUBLIC UTILITIES EASEMENT RESERVED IN THE VACATED ALLEY IN BLOCK 212 OF THE KERN DIVISION IN THE CITY OF BAKERSFIELD. Bakersfield, California, January 4, 1989 - Page 3 Upon a motion by Councilmember Childs, Resolution No. 2-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio None None Councilmember McDermott Ratty, THIS IS THE TIME SET FOR A PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD FOR THE PURPOSE OF HEARING ANY EVIDENCE FOR OR AGAINST AN APPLICATION BY RANCHO LABORDE TO AMEND THE RANCHO LABORDE SPECIFIC PLAN 86-2, SECTION 12.3(2), PARAGRAPH 1, PAGE 26, DEVELOPMENT OF NEW ELEMENTARY SCHOOL FACILITY BY TEMPORARY OR PERMANENT STRUCTURES WITHIN NORRIS SCHOOL DISTRICT. This hearing has been duly advertised, posted and property owners notified 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 RESOLUTION NO. 3-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE RANCHO LABORDE SPECIFIC PLAN TO REPLACE SECTION 12.3(2), PARAGRAPH 7, PAGE 36 WITH A MEMORANDUM OF UNDERSTANDING BETWEEN THE NORRIS SCHOOL DISTRICT AND CLIFFORD BRESSLER (TRUSTEE), DATED SEPTEMBER 14 and 15, 1988. Upon a motion by Councilmember Ratty, Resolution No. 3-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott REPORTS Councilmember Peterson read Litigation Committee Report No. 1-89 regarding claims against the City as follows: The City Manager asked the Litigation Commit- tee to consider removing claims filed against the City from the Council's agenda. Claims now appear on the Agenda's Consent Calendar. Meeting with the Committee, the City Manager expressed his concern that putting claims on each meeting's agenda 1) creates a misleading impression of City liability, regardless of the amounts or merits of the claims, and 2) lengthens the agenda unnecessarily. Bakersfield, California, January 4, 1989 Page 4 The Committee agrees with the City Manager but believes that Councilmembers should be regularly advised of claims filed. The Committee and City Manager agree that monthly reports of claims filed distributed directly to the Councilmembers and to members of the public and media requesting the same, is an appropriate alternative to putting claims on each agenda. The Attorney's Office has advised the Commit- tee that adoption of the attached resolution is necessary to implement the recommendations of this report. The Litigation Committee recommends that the Council: Adopt the attached resolution, authori- zing the City's Claims Administrator to refer claims to the City Attorney; and o Direct the City Manager to distribute to Councilmembers, and to members of the public and media requesting the same, a monthly report of claims filed against the City. Upon a motion by Councilmember Peterson, Litiga- tion Committee Report No. 1-89 was accepted and approved. Councilmember Salvaggio spoke in opposition to the Litigation Committee's recommendation. ADOPTION OF RESOLUTION NO. 4-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORI- ZING THE CITY CLAIMS ADMINISTRATOR TO REFER CLAIMS TO THE CITY ATTORNEY'S OFFICE. Upon a motion by Councilmember Peterson, Resolu- tion No. 4-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson Councilmember Salvaggio None Councilmember McDermott Noes: Abstain: Absent: Councilmember Childs read Auditorium and Community Services Committee Report No. 1-89 regarding Dr. Martin Luther King, Jr. Community Center Citizen's Advisory Commit- tee as follows: At the August 10, 1988 Council meeting, the issue of the Citizen's Advisory Committee for the Martin Luther King, Jr. Community Center not holding regular meetings was referred to the Auditorium and Community Services Commit- tee. On September i[2, 1988, the Committee met with Staff to discuss this issue. After receiving an update regarding the Advisory Committee from Recreation Division staff, the Council Committee entertained the possibility of disbanding the Advisory Committee as it exists and creating a new committee which would act in an advisory capacity, not only on matters pertaining to the Martin Luther King, Jr. Community Center but on all. city-wide parks and recreation activities. Bakersfield, California, January 4, 1989 - Page 5 Members were contacted by certified letters for their input. Of eight letters mailed out, six were receipted with only three persons responding. These three stated they were in support of the proposed new committee and would be willing to serve if called upon. Based on the above information, it is the recommendation of this committee that the Dr. Martin Luther King, Jr. Community Center Citizen's Advisory Committee be disbanded and a new committee be formed to act in an advisory capacity on matters pertaining to all City of Bake~ field Parks and Recreation activities. Upon a motion by Councilmember Childs, Auditorium and Community Services Committee Report No. 1-89 was accepted and approved. Upon a motion by Councilmember Childs, the recom- mendations of Auditorium and Community Services Committee Report No. 1-89 were implemented. Councilmember Peterson read Auditorium and Commu- nity Services Committee Report No. 2-89 regarding a City slogan as follows: At the August 31, 1988 City Council meeting, the issue of selecting a City slogan was referred to the Auditorium and Community Services Committee. On October 3, 1988, the Committee met and directed Staff to form a committee, gather information and return with four or five slogan possibilities. After several meetings, the Slogan Committee compiled a list of five recommendations that were submitted to the Council Committee on December 8, 1988. During this meeting and following much discussion, the Council Committee reduced the number of selections to three and are listed as follows: Bakersfield - Spirit of the Central Valley Bakersfield - Heart of the Californians Bakersfield - City of Golden Opportunities These suggestions are not listed in order of preference; however, the Committee does feel they each project Bakersfield as an energe- tic, progressive and growing city. With the above information in mind, it is the recommendation of this Committee that the suggested slogans be referred back to City Council for further discussion and action. Upon a motion by Councilmember Peterson, torium and Community Services Committee Report No. accepted. Audi- 2-89 was Councilmember Peterson deferred to Vic Salazar, who stated that on 17 Newscenter, the three slo~ns were presented to the viewers with the following response (1246 calls): Spirit of Central Valley 18.3%; Heart of the Californias 33.8%; City of Golden Opportunities 47.9%. Bakersfield, California, January 4, 1989 - Page 6 Councilmember Ratty made a substitute motion that the Committee look at this again and/or add his slogan "Bakersfield - A Great Place to Live." After Council discussion, Councilmember Ratty withdrew his substitute motion as long as Bakersfield - A Great Place to Live was added as number 4. APPROVAL OF CITY SLOGAN "BAKERSFIELD - CITY OF GOLDEN OPPORTUNITIES." Upon a motion by Councilmember Salvaggio, Bakers- field - City of Golden Opportunities was approved as the City slogan by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio Councilmember Ratty None Councilmember McDermott Councilmember nity Services Committee the Civic Auditorium as Peterson read Auditorium and Commu- Report No. 3-89 regarding renaming follows: At the November 30, 1988 City Council meet- ing, the issue of renaming the Civic Audi- torium was referred to the Auditorium and Community Services Committee. On December 8, 1988, the Committee met with staff to discuss this issue. After much discussion, it was decided that the current name of Civic Auditorium is outdated and did not accurately reflect the facility's function within the community. It was suggested to change the name to "Bakers- field Convention Center" which appropriately describes this building. In addition, most facilities of this nature are currently listed as convention centers. The name change will further upgrade our image by listing us with other centers throughout the industry. With the above information in mind, it is the recommendation of this committee to change the Civic Auditorium name to "Bakersfield Convention Center" effective with the comple- tion of the newly refurbished facility, and instruct the City Attorney to make necessary changes in the ordinance and bring back to City Council for adoption. Upon a motion by Councilmember Peterson, Audi- torium and Community Services Committee Report No. 3-89 was accepted. Upon a motion by Councilmember Peterson, the recommendations of Auditorium and Community Services Com- mittee Report No. 3-89 were implemented. Councilmember Smith read Auditorium and Community Services Committee Report No. 4-89 regarding the Fox Theatre as follows: Bakersfield, California, January 4, 1989 - Page 7 The City Council referred the issue of the Fox Theatre to the Auditorium and Community Services Committee for evaluation. The Committee has reviewed this issue with Staff and concerned organizations and agreed to recommend that $15,000 be allocated from the Council Contingency Fund to secure an appraisal of the property and develop a comprehensive rehabilitation plan. It is felt by this Committee that the down- town Fox Theatre could be an effective tool in generating interest and revenue in the downtown area. If the value of the property and cost of refurbishing are within reason- able limits, it will be the recommendation of this Committee to proceed with purchase and rehabilitation efforts. The Fox Theatre can be a catalyst in the future development of a downtown cultural center, and, because of its historical significance, an asset to the City of Bakers- field. Upon a motion by Councilmember Smith, Auditorium and Community Services Committee Report No. 4-89 was accepted. Mr. Bernard Bogatte, 1101 Oleander #23, spoke at this time regarding the Fox Theatre. Councilmer~er Childs asked that Staff get in touch with Mr. Bogatte. Upon a motion by Councilmember Smith, the recom- mendations of Auditorium and Community Services Committee Report No. 4-89 were implemented by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio None Councilmember Ratty Councilmember McDermott Councilmember Peterson read Auditorium and Commu- nity Services Committee Report No. 5-89 regarding the Black Caucus of Bakersfield and Kern County as follows: At the November 30, 1988 City Council meet- ing, the issue of recognizing the Black Caucus of Baker field and Kern County was referred to the Auditorium and Community Services Committee. On December 8, 1988, the Committee met with Staff to discuss this issue. It was decided to recognize the Black Caucus of Bakersfield and Kern County and the attached resolution grants their request. Upon a motion by Councilmember Peterson, Audi- torium and Community Services Committee Report No. 5-89 was accepted. Bakersfield, California, January 4, 1989 - Page 8 Upon request of Councilmember Salvaggio, Council- member Peterson read the Resolution. WHEREAS, the Black Caucus of Bake~ field and Kern County represents to the Council of the City of Bake~ field that said Black Caucus has been established to help form a more perfect union of all segments of our commu- nity, to promote harmony and equal standing for all people in the community, to involve the total community in the political process, to improve relations between the community and law enforcement agencies, to promote education and growth, and to serve as a source of information for legislative bodies in Kern County. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it recognizes the Black Caucus of Bakersfield and Kern County and its officers as a source of input from the Black Community on matters affecting this community and Kern County in general. Councilmember groups as every citizen before the Council. Ratty opposed recognizing specific should have an equal chance to come ADOPTION OF RESOLUTION NO. 5-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD RECOG- NIZING THE BLACK CAUCUS OF BAKERSFIELD AND KERN COUNTY. Upon a motion by Councilmember Peterson, Resolu- tion No. 5-89 of the Council of the City of Bake~ field was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio None Councilmember Ratty Councilmember McDermott CONSENT CALENDAR Approval of Warrant Nos. 4018 to 4840, inclusive, in the amount of $2,834,091.77. Communications; from: Jennie Calhoun, Broker, Calhoun Real Estate and Construction, 2300 Truxtun Avenue, dated December 1, 1988, submitting a petition with seven signatures, requesting the closure of B Street between Truxtun and 17th Street. (RECEIVE AND REFER TO PLANNING COMMISSION) Marilyn Clayton, 4301 Belle Terrace, dated December 4, 1988, requesting the installation of a street light at 4301 Belle Terrace. (RECEIVE AND REFER TO PUBLIC WORKS DEPARTMENT) Bakersfield, California, January 4, 1989 - Page 9 James K. Delmarter, Rickett, Ward, Delmarter and Deifel, 2901 H Street, dated December 12, 1988, requesting annexation of 32.35 acre of land located south of Panama Lane and west of Stine Road. (RECEIVE AND REFER TO PLANNING COMMISSION) David Cohn, Chairman, Planning Commission, dated December 12, 1988, requesting Urban Development Committee and Planning Commission meet on a quarterly basis to discuss planning issues. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) State of California, Department of Commerce, 1121 L Street, Suite 600, Sacramento, dated December 13, 1988 regarding the renewal of the contract with SEEZ Corporation. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Kern Chapter American National Red Cross, 239 18th Street, dated December 14, 1988, inviting staff representative to their Second Undisaster Day in 1989. (RECEIVE AND REFER TO STAFF) John W. Stinson, Assistant to City Manager, regarding Amendment to the Fiscal Year 1988-89 Operating, Capital Improvements and Central District Development Agency Budgets. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Claim for Damages and Personal Injuries from the following: Rodney Truitt, c/o 1128 Truxtun Avenue; 2. Thurston R. Moore, Jr., c/o 1601 Truxtun Avenue. 3. Edward J. Andrew, 2709 Beth Place, Simi Valley; 4. John J. Pilkauskas, 2512 Spruce Street; and 5. Jim Loving, c/o 520 Third Street, Suite 105, Oakland. (REFER TO CITY ATTORNEY) Dedication of Properties: Grant Deed from Dixie B. Ford for additional right-of-way for con- struction of Louise Avenue from Elliott Street to South Union Avenue. Bakersfield, California, January 4, 1989 - Page 10 Street Right-of-Way Deed from California Harvest Shops, Inc. for a portion of Ming Avenue west of the Arvin-Edison Canal. Irrevocable Offer of Dedication for road purposes from California Harvest Shops, Inc. for Haggin Oaks Boulevard between Ming Avenue and Camino Media. Irrevocable Offer of Dedication for landscaping and pedestrian walkway purposes from California Harvest Shops, Inc. along Ming Avenue west of Haggin Oaks Boulevard. Water Line Easement from California Harvest Shops, Inc. along Stockdale Highway at the Kern River. Notices of Completion and Acceptance of Work for the following projects: Tract No. 4873 Unit A, located at or near Hageman Road and Fruitvale Avenue, City Contract No. 87-248, was completed on December 6, 1988. Tract No. 4898 Unit 1, located at or near Panama Lane and Akers Road, City Contract No. 88-142, was completed on December 7, 1988. Oak Street Overpass at A.T. & S.F. Railway, City Contract No. 87-231, was completed on December 9, 1988. Constructing Cross Valley Canal Truxtun Lake Pipeline, City Con- tract No. 88-214 was completed on November 22, 1988. Request of City Manager for revisions to job specifications and salary ranges for Planning Director, Finance Director, Economic Development Director and Assistant to the City Manager positions. Approval of Plans and Specifications for: Wastewater Treatment Plant No. 2, landleveling of 140 acre parcel; and 2. Aerated Lagoon cleaning at Waste- water Treatment Plant No. 2. Request for time extension from Farm Financial to extend the time of comple- tion for Improvement Agreement No. 88-106, Parcel Map 7668 (Stine Road/ Pacheco Road) to March 4, 1989. Bake~ field, California, January 4, 1989 - Page 11 Requests for time extension from U.S. Home Corporation to extend the comple- tion date for Improvement Agreement No. 86-179, Tract 4849 (North Laurelglen Boulevard) to October 8, 1989 for Improvement Agreement No. 86-197, Tract 4930 (Panama Lane/Stine Road) to October 29, 1989. Annual Report of Financial Transactions of the Central District Development Agency to the State of California. Upon c, d, e, g, h, with Item f to vote: a motion by Councilmember Childs, Items a, b, i, and j of the Consent Calendar were adopted, be considered separately, by the following Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Peterson, Salvaggio None None Councilmember McDermott Ratty, REQUEST OF CITY MANAGER FOR REVISIONS TO JOB SPECIFICATIONS AND SALARY RANGES FOR PLANNING DIRECTOR, FINANCE DIRECTOR, ECONOMIC DEVELOP- MENT DIRECTOR AND ASSISTANT TO THE CITY MANAGER POSITIONS. Councilmember Peterson asked City Manager Hawley to prepare a report to the entire Council of the proposed organization of the City Manager's office. Councilmember Salvaggio asked the City Manager to prepare a report for the entire Council simultaneously, so the Council has input as a whole. Councilmember Childs asked the City Manager to prepare all documentation and information and give it to the entire Council and the Personnel Committee, with input from each Council member. Councilmember DeMond called for the question. City Manager Hawley assured Council that he would furnish a report to all members. Upon a motion by Councilmember Peterson, Request of City Manager for revisions to job specifications and salary ranges for Planning Director, Finance Director, Economic Development Director and Assistant to the City Manager positions, was referred to the Personnel Committee with City Manager Hawley to provide a complete report to every Councilmember at the same time it goes to the Person- nel Committee. DEFERRED BUSINESS ADOPTION OF ZONING RESOLUTION NO. 368 OF THE COUNCIL OF THE CITY OF BAKERSFIELD DENYING THE APPEAL BY ALBERT AND MARGARET M. BATISTA FROM THE DECISION OF THE PLANNING DIRECTOR TO APPROVE A REQUEST FOR A GARAGE CONVERSION LOCATED AT 3201 PANORAMA DRIVE. Bakersfield, California, January 4, 1989 Page 12 This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on December 14, 1988. Upon a motion by Councilmember Smith, Zoning Resolution No. 368 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: ADOPTION OF ZONING RESOLUTION NO. 369 OF THE COUNCIL OF THE CITY OF BAKERSFIELD GRANTING THE APPEAL OF CORNERSTONE ENGINEERING, INC. FROM THE DECISION OF THE BOARD OF ZONING ADJUSTMENT IMPOSING CONDITION #2 ON MODIFICA- TION NO. 4795, REQUIRING A MINIMUM OF TEN FEET BETWEEN STRUCTURES ON ADJOINING LOTS BETWEEN STERLING ROAD AND OSWELL STREET, SOUTH OF VIRGINIA AVENUE AND NORTH OF EAST BRUNDAGE LANE. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on December 14, 1988. Upon a motion by Councilmember Childs, Zoning Resolution No. 369 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott ADOPTION OF ORDINANCE NO. 3196 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 GENERALLY NORTH OF ROSEDALE HIGHWAY, SOUTH OF NORRIS ROAD, EAST OF CALLOWAY ROAD AND WEST OF FRUITVALE AVENUE, COMMONLY KNOWN AS RANCHO LABORDE TO AN R-1 (ONE FAMILY DWELLING) ZONE, R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE, C-1 (LIMITED COMMERCIAL) ZONE, C-1-CH (LIMITED COMMERCIAL-CHURCH OVERLAY) ZONE, C-2 (COMMERCIAL) ZONE, M-1 (LIGHT MANUFACTURING) ZONE AND OS (OPEN SPACE) ZONE. This Ordinance was given first reading at the meeting of December 14, 1988. Upon a motion by Councilmember Ratty, Ordinance No. 3196 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmenders Smith, Childs, DeMond, Peterson, Salvaggio Noes: None Abstain: None Absent: Councilmember McDermott Ratty, Bakersfield, California, January 4, 1989 Page 13 ADOPTION OF ORDINANCE NO. 3197 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEV~ TEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED NORTH OF THE EXTENSION OF WOODMERE DRIVE APPROXIMATELY 1/4 MILE WEST OF STINE ROAD FROM A/q M-1 (LIGHT MANUFACTURING) ZONE TO AN M-2 (GENERAL MANUFACTURING) ZONE. This Ordinance was given first reading at the meeting of December 14, 1988. Upon a motion by Councilmember Ratty, Ordinance No. 3197 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott ADOPTION OF ORDINANCE NO. 3198 OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING WARD BOUNDARIES OF WARD NOS. 1 AND 4. This Ordinance was given first reading at the meeting of December 14, 1988. Upon a motion by Councilmember Ratty, Ordinance No. 3198 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott NEW BUSINESS REFERRAL OF AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.52.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE AUDITORIUM COMMITTEE. The City Council recently requested Staff review the length of time that the Citizen's Auditorium Advisory Committee members serve. After reviewing this matter, it is recommended that the terms be changed. An Ordinance has been drafted and should be referred to the Auditorium and Community Services Committee for review. Upon a motion by Councilmember Peterson, this Ordinance was referred to the Auditorium and Community Services Committee. 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 MALL VIEW ROAD APPROXIMATELY 1/4 MILE WEST OF OSWELL IN THE EAST HILLS SHOP- PING CENTER. Bakersfield, California, January 4, 1989 Page 14 The Planning Commission approved this application and Negative Declaration at its September 15, 1988 meeting. ADOPTION OF RESOLUTION OF INTENTION NO. 1055 OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING ITS INTENTION TO ORDER THE VACATION OF THE SOUTH 11.25 FEET OF 40TH STREET BETWEEN CHESTER AVENUE AND K STREET TO USE THE SURPLUS ROAD RIGHT-OF-WAY FOR DEVELOPMENT OF OFF-STREET PARKING IN THE CITY OF BAKERS- FIELD. This Resolution sets the pmblic hearing for the Council meeting of February 1, 1989. Upon a motion by Councilmember DeMond, Resolution of Intention No. 1055 of the Council of the City of Bakers- field was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: ADOPTION OF RESOLUTION NO. 6-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS OF THE CITY OF BAKERSFIELD, ADOPTING SALARY SCHE- DULE, AND ADOPTING CITY SCHEDULE OF PAID HOLIDAYS. APPROVAL OF CONTRACT NO. 89-1, WITH KERN COUNTY PUBLIC EMPLOYEES ASSOCIATION, INC., LOCAL 700, MEMORANDUM OF UNDERSTANDING FOR THE EMPLOYEES OF THE BLUE & WHITE COLLAR UNITS ADOPTING SALARY SCHEDULE & SCHEDULE OF PAID HOLIDAYS. Upon a motion by Councilmember Salvaggio, Resolu- tion No. 6-89 of the Council of the City of Bakersfield was adopted and Contract No. 89-1 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES OF THE GENERAL SUPERVISORY, POLICE SUPERVISORY AND MANAGEMENT UNITS, AND ADOPTING CITY SCHEDULE OF PAID HOLIDAYS FOR ALL CITY EMPLOYEES AND ALL BARGAINING UNITS. Upon a motion by Councilmember Peterson, the above item was taken off the agenda and referred to Closed Session. ADOPTION OF RESOLUTION NO. 7-89 OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING THE TIME AND DATE FOR HEARING A REPORT OF THE BUILDING DIRECTOR CONCERNING THE DEMOLITION OF DANGEROUS BUILDINGS AND HEARING PROTESTS OR OBJECTIONS THERETO. Bakersfield, California, January 4, 1989 - Page 15 This Resolution sets the public hearing for the Council meeting of January 18, 1989. Upon a motion by Councilmember DeMond, Resolution No. 7-89 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, Salvaggio None None Councilmember McDermott Noes: Abstain: Absent: APPROVAL OF AGREEMENT NO. 89-2, AND MORTGAGE WITH U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FOR WASTEWATER TREATMENT PLANT NO. 3 EXPANSION. Upon a motion by Councilmember Childs, Agreement No. 89-2 was approved and the Mayor authorized to execute the Agreement. ONE VACANCY TO THE PLANNING COMMISSION DUE TO THE RESIGNATION OF RONALD E. JARRETT, TERM EXPIRING APRIL 17, ]991. Councilmember Childs made a motion to close the nominations. Upon a motion by Councilmember Peterson, the vacancy on the Planning Commission was reopened for nomi- nations. Councilmember Smith nominated Robert Frapwell to the Planning Commission. Councilmember Childs stated he would be adding another name and would furnish each Council member with his name and resume prior to January 18, 1989. He withdrew the name of Harlan Hunter. COUNCIL STATEMENTS Upon a motion by Councilmember DeMond, Proposi- tions 60 snd 90 regarding property tax relief was referred to the Legislative Committee. Councilmember Smith stated an agreement had been reached between the County and City regarding the Northwest Sewer Service, and she explained the benefits. Mayor Medders spoke regarding the expansion of KMTL Educational Television out of Fresno. Upon a motion by Councilmember Smith, the subject of KMTL Educational Television was referred to the Inter- governmental Relations Committee. Councilmember Salvaggio referred to staff the aspect of Proposition 99 regarding 5% monies for programs that improve wildlife habitat and park areas with relation to the Kern River Parkway Plan. He submitted an article to Mr. Bogart on the matter. Councilmember Salvaggio referred an article from the Los Angeles Times to Planning Director Hardisty regar- ding tougher controls on mini malls. Bakersfield, California, January 4, 1989 Page 16 Councilmember Salvaggio asked Public Works Direc- tor Schulz when the City was going to go to bid for the curb and gutter on Lacey Street, Oscar Avenue, Hendricks Lane and Houchin Road. Public Works Director Schulz said he would report back to the Council. Councilmember Childs requested that each Council- member receive a copy of all matters referred to staff. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 9:20 p. . ~ MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California