HomeMy WebLinkAbout03/01/1989 MINUTES CCBakersfield, California, March 1, 1989
Minutes of the Regular ~eeting of
City of Bakersfield, California, held in the
City Hall at 7:00 p.m., March 1, 1989.
the Council of the
Council Chambers of
The meeting was called to order by Mayor Medders,
followed by the Invocation by Pete Baker, Minister of Church
Education, First Assembly of God Church, and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders, Councilmembers Smith, Childs, DeMond,
Ratty, Peterson,
McDermott, Salvaggio
None
MINUTES
Upon a motion by Councilmember Childs, the minutes of
the Special Meeting of December 14, 1988, and the Regular Meeting
of December 14, 1988, were accepted and amended as follows:
Upon a motion by Councilmember McDermott,
Items a, b, c, d, e, f, g, h, i, j, k, 1, m,
n, o, p and q of the Consent Calendar were
adopted (with Item "n" placed back on the
Consent Calendar); and Staff was directed to
review and analyze the sales tax portion of
the Comprehensive Annual Financial Report
(Item 9.n.) with a report to be submitted to
the Budget and Finance Committee.
PUBLIC STATEMENTS
Charles Welty, Principal, Golden Empire Studios, spoke
regarding the City's efforts in selecting a new marketing entity
for the Enterprise Zone. He suggested Council go to the State to
provide matching monies out of state resources.
Colin Dougherty, 733 "L" Street, Fresno, spoke
regarding the issue of the educational television station and
asked for Council support.
Joseph J. Sands, KCET, 4401 Sunset Boulevard, Los
Angeles, spoke regarding KCET's new educational satellite
station. He provided background information on what the station
¢a~ offer.
HEARINGS
This is the time set for public hearing on an
appeal by Tom Fallgatter representing Stan
and Cathleen Antongiovanni to the decision of
the Planning Commission approving the
revision to Tentative Parcel Map 8809 to
include provisions for an off-site 2-1/2 acre
drill site.
This hearing has been advertised, posted, and the
property owners notified.
Correspondence was received from
representing Stan and Cathleen Antongiovanni,
1989, withdrawing from the appeal.
Thomas Fallgatter,
dated January 23,
Mayor Medders declared the hearing open for public
participation.
Bakersfield, California, March 1, 1989 Page 2
Tom Fallgatter spoke regarding his withdrawal of the
appeal. He suggested Council change procedure regarding appeals.
Financial
process.
Jay Rosenlieb,
and Charles
Klein, Wegis & Duggan, representing Farm
Antonino, spoke regarding the appeals
There being no further comments and no one else wishing
to speak, Mayor Medders closed the public portion of the hearing
for Council deliberation and action.
Councilmember McDermott asked staff to review the
appeals process, and made a motion to uphold the Planning
Commission decision.
Councilmember DeMond stated that according to the City
Attorney, staff is already reviewing the appeal process.
Councilmember McDermott's motion to uphold the decision
of the Planning Commission was approved by the following roll
call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
None
None
None
Ratty, Peterson,
This is the time set for public hearing to
consider a referral from Kern County
Department of Planning and Development
Services regarding revisions to the Casa Loma
Specific Plan text to allow "manufactured
homes" in areas designated for residential
use.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
There being no protest or objections being received and
no one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Councilmember Childs made a motion to recommend
approval of revisions to the Casa Loma Specific Plan as proposed
by Kern County. The motion was approved by the following roll
call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain None
Absent: None
Ratty, Peterson,
REPORTS
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 3-89 regarding Smoking Policy
as follows:
Bakersfield, California, March 1, 1989 - Page 3
The Budget and Finance Committee has been
examining smoking practices within City
facilities. The Committee feels that a consistent
smoking policy should be adopted that covers all
City facilities. This is because smoking has been
proven hazardous to the health of not only
smokers, but to those exposed to secondhand smoke.
Since the City pays the majority of health care
costs for the employee, it has a clear
responsibility to provide a healthy work
environment.
The smoking issue has been to the City Council in
the past. In October 1985, the City Council
established a smoking policy for the City Hall
buildings. At that time other City facilities
also had policies drafted, but there was little
consistency among the different work sites and
facilities. After meeting with employee
bargaining units and management groups, this
Committee proposes the following policy:
The City of Bakersfield is committed to providing
a smoke-free environment. No person shall smoke
in a City vehicle; no person shall smoke in a City
place of employment except in designated smoking
areas.
The Budget and
acceptance of
policy.
Finance Committee requests Council
this report and adoption of this
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Report No. 3-89 was accepted.
Upon a motion by Councilmember Ratty, the
recommendations of Budget and Finance Committee Report No. 3-89
were implemented.
Councilman Salvaggio read Budget and Finance Committee
Report No. 4-89, regarding Acceptance of Rental Rehabilitation
Program Funds for Fiscal Year 1989-90, and amending Memorandum of
Understanding with the Kern County Housing Authority as follows:
For the last six years, the City of Bakersfield
has received an allocation from the Department of
Housing and Urban Development for the
implementation of the Rental Rehabilitation
Program. This year's allocation is $86,000.
These funds will be used to continue the City's
Rental Rehabilitation Program by making low
interest loans for health and safety code
improvements to rental units primarily occupied by
low and moderate income families. This program is
designed to utilize Section 8 Vouchers to maintain
affordability of the units. The rental assistance
portion of the program must occur in conjunction
with the Kern County Housing Authority (KCHA), as
in the past.
Therefore, it is recommended that the report be
accepted, that the Mayor be authorized to sign the
Memorandum of Understanding with the Kern County
Housing Authority and to authorize staff to
implement the program, and that $86,000 be
appropriated to the Community DBG Fund in the
Community Development Budget.
Bakersfield, California, March 1, 1989 - Page 4
Upon a motion by Councilmember Ratty, Budget and.
Finance Committee Report No. 4-89 was accepted.
Approval of Agreement No. 89-32, Amendment to
Memorandum of Understanding No. 87-201 with the
County Housing Authority regarding Acceptance of
Rental Rehabilitation Program Funds for Fiscal
Year 1989-90.
Councilmember McDermott made a motion to appropriate
$86,000 in the Community Development Block Grant revenues to the
Community DBG budget. The motion was approved and the Mayor was
authorized to execute the Agreement by the following roll call
vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read (Majority) Report No. 5-89 regarding the
Southeast Enterprise Zone Marketing Agreement as follows:
On January 4th, the City Council referred the
issue of the Southeast Enterprize Zone Marketing
Contract to the Budget and Finance Committee for
review.
The primary issue before the Committee was to
evaluate the progress being made by the SEEZ
Corporation with regard to the renewal of its
contract to market the Southeast Enterprise Zone.
Staff provided the Committee a review of the
performance of the SEEZ Corporation during the
contract period. Based on this review, staff
recommended that the contract not be renewed with
the SEEZ Corporation.
The Committee has met with representatives of the
SEEZ Board of Directors and has communicated by
phone with Paul Hiller, Manager of the Enterprise
Zone Programs for the State of California,
Department of Commerce. After discussion with
these individuals and staff, the Committee
recommends that:
The City Council authorize the Mayor to
execute a contract between the City, County
of Kern, and Mid-State Development
Corporation to provide interim marketing
services for a period of nine months, with
the City's contribution not to exceed
$29,000;
Staff be directed to prepare a request for
proposal in conjunction with the City, County
of Kern and the Citizen Advisory Committee of
the Enterprise Zone to identify an entity to
assume marketing responsibilities for the
Enterprise Zone at the end of the interim
period; and
Bakersfield, California, March 1, 1989 - Page 5
Direct staff to work with the Community
Development Department of the County of Kern
to prepare a joint City/County proclamation
recognizing the assistance provided by SEEZ
Corporation in the establishment of the
enterprise zone.
This Committee would further like to recognize the
considerable efforts of the SEEZ Corporation to
achieve Enterprise Zone status to the southeast
Bakersfield area. It is the desire of this
Committee that they remain involved in the
Enterprise Zone as part of the Enterprise Zone
Citizens Advisory Committee and continue to pursue
the goals of the Enterprise Zone.
Upon a motion by Councilmember Ratty, Budget and
Finance Committee Majority Report No. 5-89 was accepted.
Upon a motion by Councilmember Childs, Item 7(e),
Budget and Finance Committee (Minority) Report No. 7-89, was
moved forward to be heard at this time.
Councilmember Childs read Budget and Finance Committee
(Minority) Report No. 7-89 regarding Southeast Enterprise Zone
Marketing Contract as follows:
On January 4th, the City Council referred the
issue of the Southeast Enterprise Zone Marketing
Contract to the Budget and Finance Committee for
review.
The primary issue before the Committee was to
evaluate the progress being made by the SEEZ
Corporation with regard to the renewal of its
contract to market the Southeast Enterprise Zone.
Staff provided the Committee a review of the
performance of the SEEZ Corporation during the
contract period. It should be noted that without
the personal lobbying by the founding members of
the SEEZ Corporation, Bakersfield would not have
been selected as an enterprise zone area.
It is the recommendation of this report that the
contract with the SEEZ Corporation be renewed.
However, if this is not the desire of the Council
as a whole, the Minority Report recommends that:
The City Council authorize the Mayor to
execute a contract between the City, County
of Kern, and SEEZ Corporation to provide
interim marketing services for a period of
nine months, with the City's contribution not
to exceed $29,000;
Staff be directed to prepare a request for
proposal in conjunction with the City, County
of Kern and the SEEZ Corporation to identify
an entity to assume marketing
responsibilities for the Enterprise Zone at
the end of the interim period; and
Bakersfield, California, March 1, 1989 - Page 6
e
That the Mayor prepare a resolution in
conjunction with the County of Kern
recognizing the pioneering contribution of
the members of the SEEZ Corporation and its
Board of Directors in their unswerving
dedication to the improvement of the
southeast Bakersfield area.
I would also like to express my displeasure with
Mr. Paul Hiller, Manager of the Enterprise Zone
Programs for the State of California, Department
of Commerce, not only for the unsubstantiated
accusations in his letter to the City Manager,
dated December 13, 1988, alluding to apparently
unfounded accusations concerning the SEEZ Board
and Mr. Lou Griffin, but further, I believe his
verbal threat witnessed by SEEZ Corporation and
City staff to withdraw from our application for a
Federal Enterprise Zone status if we did not
cancel the SEEZ Corporation, was unprofessional
and unprecedented.
Upon a motion by Councilmember Childs, Budget and
Finance Committee Minority Report No. 7-89 was accepted.
Councilmember Ratty made a motion
recommendations of Budget and Finance Committee
No. 5-89.
to implement the
(Majority) Report
Councilmember Childs made a
implement the recommendations of Budget
(Minority) Report No. 7-89.
substitute motion to
and Finance Committee
Councilmember Childs clarified his substitution motion
to implement the recommendations contained within Budget and
Finance Committee (Minority) Report No. 7-89 and to change the
interim period to three consecutive three-month periods instead
of one nine-month period.
Councilmember Peterson requested Councilmember Childs
amend his report to use Mid-State as an interim for three months.
Councilmember Childs stated this was acceptable.
Upon a motion by Councilmember Ratty, the call for the
question was approved.
Councilmember Childs clarified that the amendment was
for a three-month period of time to Mid-State.
Councilmember Childs' substitute motion to implement
the recommendations of Budget and Finance Committee (Minority)
Report No. 7-89 and to change the interim period to three
consecutive three-month periods instead of one nine-month period
failed by the following roll call vote:
Ayes: Councilmembers Childs, DeMond, Peterson
Noes: Councilmembers
Abstain: None
Absent: None
Smith, Ratty,
McDermott, Salvaggio
Approval of Agreement No. 89-33 with the County of
Kern and Mid State Development Corp., regarding
Community Development Project (CD Activity
No. 36.87.2 Employment and Economic Incentive Act
Marketing Program).
Bakersfield, California, March 1, 1989 - Page 7
Councilmember Ratty's motion to implement the
recommendation of Budget and Finance Committee (Majority) Report
No. 5-89 was approved and the Mayor was authorized to execute the
Agreement by the following roll call vote:
Ayes:
Councilmembers Smith, Ratty, McDermott, Mayor Medders
Noes:
Abstain:
Absent:
Councilmembers DeMond, Peterson, Salvaggio
Councilmember Childs
None
Pursuant to
states that in case of
cast the deciding vote,
Section 14 of the City
a tie vote by the Council,
Mayor Medders voted Aye.
Charter, which
the Mayor shall
Councilmember Salvaggio clarified his vote by saying
that he did have a problem with the nine-month period, he would
prefer to have a six-month period, but could not support a
three-month.
Councilmember Childs requested City Attorney Art
Saalfield look up the ordinance regarding when the Mayor can vote
regarding a tie.
Councilmember Peterson clarified his vote by stating he
supports Mid-State and thought the interim should be shorter than
nine months.
Committee
Ordinance
Councilmember
Report No. 6-89
as follows:
McDermott read Budget and Finance
regarding proposed changes to Bingo
On October 26, 1988, the City Council referred the
issue of changes to the Bingo Ordinance to the
Budget and Finance Committee for review. These
changes include requiring monthly reporting of
income and expenses, limiting bingo games played
to twenty-five (25) during their once-a-week
sessions, and prohibiting non-bingo prizes or
other promotional give-aways unless the operators
give at least 10% of their gross receipts from
bingo to charity. These restrictions, other than
the reporting requirement, would only apply to
licensees with gross receipts in excess of $5,000
for any calendar month within any six-month
reporting period, but would apply if the licensees
exceed the limit on games or had give-aways at any
time during such period.
The proposed changes are intended to ensure that
those licensees who play extra games or give away
non-bingo prizes to attract customers spend at
least 10% of their gross receipts for charitable
purposes. Otherwise, all or most of such receipts
can be used, and have been used, on extravagant
and costly promotions to attract customers from
other games. This situation is inherently unfair
to licensee whose real purpose is charity. The
Committee has reviewed the proposed changes with
the Police Chief and the City Attorney, who
support them. A draft of the proposed ordinance
changes was also sent to all of the Bingo
Licensees operating within the City, on December
16th, for their review and comment. Staff
received no significant opposition to the proposed
changes.
Bakersfield, California, March 1, 1989 - Page 8
Therefore, this Committee recommends the proposed
ordinance and asked that it be given first
reading.
Councilmember McDermott made a motion to accept Budget
and Finance Committee Report No. 6-89 and give First Reading tc
an Ordinance of the Council of the City of Bakersfield amending'
Section 5.12.220 of the Bakersfield Municipal Code and adding
Subsections C and D to Section 5.12.110 of the Bakersfield
Municipal Code relating to Bingo Games.
situation
charity,"
Councilmember Childs requested that the sentence, "This
is inherently unfair to licensee whose real purpose is
be stricken from the report, to which Council agreed.
First Reading of an Ordinance of the Council of
the City of Bakersfield amending Section 5.12.220
of the Bakersfield Municipal Code and adding
Subsections C and D to Section 5.12.110 of the
Bakersfield Municipal Code relating to Bingo
Games.
Mayor Medders restated Councilmember McDermott's motion
to accept Budget and Finance Committee Report No. 6-89 and give
First Reading to an Ordinance of the Council of the City of
Bakersfield relating to Bingo Games. The motion was approved.
Councilmember Smith, Chairperson of the
Intergovernmental Relations Committee, read Report No. 2-89
regarding new educational satellite station as follows:
The City of Bakersfield has received separate
requests from television stations to give a letter
of support for a grant that would establish a new
educational satellite station for this area. The
Council representatives to the Intergovernmental
Relations Committee met twice to review the
competing requests from KMTF, a satellite station
based in Fresno, and KCET, a cable station based
in Los Angeles. It is noteworthy that awarding of
a grant to either channel will result in
Bakersfield area residents not currently on cable
receiving public television programs.
The Committee examined programming of both
channels and talked with other agencies that had
been approached by the TV stations. After
considerable review, the Committee concluded that,
the Los Angeles-based, KCET offers more
comprehensive service for the Bakersfield
Community. This is especially due to KCET's
stronger financial base and the company's linkages
to the community's educational leaders such as
California State University, Bakersfield and
Bakersfield College. In addition, the Kern County
Superintendent of Schools is supporting the KCET
proposal because of the local production
opportunities.
The Intergovernmental Relations Committee
recommends approval of this report. The Committee
also recommends that the Council direct staff to
send letters of support for the KCET grant
proposal.
Upon a motion by Councilmember Smith, Intergovernmental
Relations Committee Report No. 2-89 was accepted.
Bakersfield, California, March 1, 1989 - Page 9
Councilmember Smith made a motion to implement the
recommendations of Intergovernmental Relations Committee Report
No. 2-89.
Councilman Peterson made a substitute motion that
Council take a neutral position and not endorse anyone.
Mayor Medders called for a roll call vote on the
substitute ]notion, by Councilmember Peterson, that the Council
take a neutral position.
Councilmember DeMond called for the question.
The substitute motion by Councilmember Peterson, that
Council take a neutral position and not endorse anyone, failed by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Peterson, McDermott, Salvaggio
Councilmembers Smith, Childs, DeMond, Ratty
None
None
Mayor Medders asked for a roll call vote on
Councilmember Smith's motion to implement the recommendations of
Intergovernmental Relations Committee Report No. 2-89. The
motion failed by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty
Councilmembers Childs, Peterson, McDermott,
None
None
Salvaggio.
Councilmember Childs clarified his vote stating he
supports KCET and suggested the Council send a letter to the FCC
in support of the Public Broadcasting Station within the confines
of the San Joaquin Valley.
Councilmember DeMond made
support the concept of satellite TV
station. The motion was approved.
a motion that the Council
for a public broadcasting
Councilmember Salvaggio, Chairperson of the Water
Resources Committee, read Report No. 2-89 regarding the creation
of a Conservation Advisory Committee for the Bakersfield
Educational Studies Area and 2800 acre Recharge Facility as
follows:
Since the adoption of the Kern River Parkway Plan
on November 30, 1988, the Water Resources
Committee and staff have been working with various
citizen and community interest groups to formalize
a long-range plan to protect and manage those City
river properties containing significant
environmental and educational values.
The Bakersfield Educational Studies Area, located
between Coffee Road and Stockdale Highway bridge, and
the City's 2800 Acre Recharge Facility are unique in
both location and natural value. In order to promote
and protect these natural areas for the community, the
Water Resources Committee feels that a citizens
advisory committee made up of a cross-section of
educational and environmental representatives would
fulfill a vital role in the long-range management of
these areas. The make-up of the committee would
include representatives from California State
University at Bakersfield, Bakersfield College, Kern
County Superintendent of Schools, local chapters of the
Bakersfield, California, March 1, 4989 - Page 10
Nature Conservancy, Sierra Club, Kern Audubon Society,
California Native Plant Society, the Kern River Parkway
committee and a representative from the California
Department of Fish and Game.
If appointed, the first duty of the Bakersfield
Educational Studies Area Advisory Committee would
be to draft up a management and use plan for the
areas that would be submitted to the Water
Resources Committee and the City Council for final
approval. This document will guide the proper
management, restoration and educational use of
both sites while preserving the priorities
required for flood control and water conservation.
The nine member organizations and agencies and
their delegates suggested for membership on the
Bakersfield Educational Studies Area Advisory
Committee would be as follows:
1. The Nature Conservancy, Rick Hewett, SJ
Valley Field Rep.
California State University at Bakersfield,
Maynard Moe, Professor of Biology.
3. Kern County Superintendent of Schools, John
Lindsay, Science Consultant.
4. Bakersfield College, Mike Rourke, Life
Science Instructor.
5. Sierra Club (Kern-Kaweah Chapter), Ann
Williams, Teacher.
6. Kern Audubon Society, John Almklov,
President.
7. California Native Plant Society, Laura
Stockton, President.
8. Kern River Parkway Committee, Bill Cooper,
Kern River Parkway Committee.
California Department of Fish and Game, Bill
Asserson, Unit Biologist.
With the above information, the Water Resources
Committee Recommends that the City Council receive
this report and adopt the attached resolution
creating the Bakersfield Educational Studies Area
Advisory Committee to the City of Bakersfield.
Upon a motion by Councilmember Salvaggio, Water
Resources Committee Report No. 2-89 was accepted.
Councilmember Salvaggio made a motion to implement the
recommendations of Water Resources Committee Report No. 2-89 and
adopt Resolution No. 32-89 of the Council of the City of
Bakersfield
Upon a motion by Councilmember Ratty, the call for
question was approved.
Adoption of Resolution No. 32-89 of the
Council of the City of Bakersfield
establishing the Bakersfield Educational
Studies Area Advisory Committee.
Bakersfield, California, March 1, 1989 - Page 11
Councilmember Salvaggio's motion to implement the
recommendations of Water Resources Committee Report No. 2-89 was
approved. Resolution No. 32-89 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, D eMond, R atty,
McDermott, Salvaggio
Councilmember Childs
None
None
Peterson,
CONSENT CALENDAR
The following items are listed on the Consent Calendar:
Approval of Warrant Nos. 5974 to 6439
inclusive, in the amount of $1 ,613,375.71.
b. Communications:
Communication from Rickett, Ward,
Delmarter & Deifel, dated February 3,
1989, requesting the abandonment of a
20-foot wide public utility easement
located at the southwest corner of Rio
Mirada Drive and Arrow Street. (RECEIVE
AND REFER TO PLANNING COMMISSION.)
Communication from Linda Schaub, 1805
Lonon, dated February 6, 1989,
supporting the D.A.R.E. Program.
(RECEIVE AND PLACE ON FILE.)
A petition containing 189 signatures was
received on February 6, 1989, opposing
the City and County contract with SEEZ
Corporation. (RECEIVE AND PLACE ON
FILE. )
Communication from Roy and Judy Servass,
13100 Blodget Avenue, dated February 17,
1989, urging the City to mark address
numbers on street curbs. (RECEIVE AND
REFER TO PUBLIC WORKS.)
Communication from Dennis M. Gronbeck,
dated February 21, 1989, submitting his
resignation as Planning Commissioner,
effective immediately. (RECEIVE AND
PLACE ON FILE.)
Communication from Marvin Dean, P. O.
Box 1062, dated February 22, 1989,
introducing and requesting support and
assistance for the Lakeview Community
Village Apartment project in Census
Tract 22. (RECEIVE AND REFER TO BUDGET
AND FINANCE COMMITTEE.)
Notice of Completion and Acceptance of Work
for construction of a reinforced concrete box
culvert on Owens Street at Eastside Canal and
a reinforced co~crete box culvert on
La France Drive at Kern Island Canal, City
Contract No. 88-274, was completed on
January 18, 1989.
Bakersfield, California, March 1, 1989 Page 12
d. Contract Change Orders:
No. I Contract No. 88-274, with
Granite Construction Co. , for
construction of reinforced concrete box
culverts on Owens Street and La France
Drive.
No. 2 - Contract No. 88-293, with
Bussard Construction Co. , for
Bakersfield Community House Renovation.
e. Requests for Time Extensions from:
Farm Financial to extend the time of
completion for Improvement Agreement
No. 88-106, Parcel Map 7668 (Stine
Road/Pacheco Road), to May 4, 1989.
Dandy Homes to extend the completion
date for Improvement Agreement
No. 85-230, Parcel Map 7622, to
November 13, 1989.
fe
Agreement No. 89-34 with Northcutt and
Associates for preparation of a draft EIR for
General Plan Amendment, zoning and annexation
of the "Polo Grounds."
Agreement Nos. 89-35, Don Glover, Bowling;
89-36 Jerry Punt, Calligraphy; 89-37-
Kathleen St. Claire, Tennis; 89-38 - Traci
James, Tole Painting, to provide instruction
for corresponding activities.
Agreement No. 89-39 with Freilich, Stone,
Leitner and Carlisle for legal services in
the case of John Moore v. City of
Bakersfield.
Third Year Cultural Resource Survey Inventory
of the Baker Street Area.
The City Clerk made a correction to Item 8(e)(2) to
read November 13, 1989.
Upon a motio~ by Councilman Ratty, Items a, b, c, d, e,
f, g, h, and i of the Consent Calendar were approved by the
following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Bakersfield, California, March 1, 1989 - Page 13
ACTION ON BIDS
Approval of Agreement No. 89-40 with Granite
Construction for construction of Stockdale
Highway Bridge at the Kern River.
Upon a motioa by Councilmember Ratty, the low bid from
Granite Construction in the amount of $2,425,815.00, was
accepted, all other bids rejected, and the Mayor was authorized
to execute the contract.
Approval of Agreement No. 89-41 with Steiny
and Company, Inc., for traffic signal
modification on White Lane at Wible Road.
Upon a motion by Councilmember McDermott, the low bid
from Steiny and Company, Inc., in the amount of $133,337.00 was
accepted, all other bids rejected, and the Mayor was authorized
to execute the contract.
Approval of Agreeiaent NO. 89-42 with W. M.
Lyles Company for Interface Pipeline Phase I
Facilities in the 2800 Acre Groundwater
Recharge Basin.
Upon a motion by Councilmember Peterson, the low bid
from W. M. Lyles Company in the amount of $133,720.00 was
accepted, all other bids rejected, and the Mayor was authorized
to execute the contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3203
of the City of Bakersfield
boundaries. (WARDS 1 and 5)
of the Council
amending ward
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember Childs,
3203 of the Council of the City of Bakersfield was
following roll call vote.
Ordinance No.
adopted by the
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3204 of the Council
of the City of Bakersfield amending Title
Seventeen of the Bakersfield Municipal Code
by changing the land use zoning of those
properties in the City of Bakersfield located
at the intersections of Old River Road, Dell
Oak Drive and White Oak Drive, South of Ming
Avenue, east of Old River Road from an R-2
(Limited Multiple Family Dwelling) Zone to an
R-1 (One Family Dwelling) Zone.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Bakersfield, California, March 1, 1989 - Page 14
Upon a motion by Councilmember Ratty,
No. 3204 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance:
adopted by
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
None
None
None
Ratty,
Peterson,
Adoption of Ordinance No. 3205 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 southeast corner of Stockdale
Highway and Old River Road from an A
(Agricultural) Zone to a C-2 (Commercial)
Zone.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember Ratty, Ordinance
No. 3205 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Ordinance No. 3206 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 north of South Laurelglen Boulevard
between the Arvin-Edison Canal and Pin Oak
Park Boulevard from an R-2 (Limited Multiple
Family Dwelling) Zone to an R-1 (One Family
Dwelling) Zone.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember Ratty,
No. 3206 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3207 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 south of South Laurelglen Boulevard
between the Arvin-Edison Canal and Pin Oak
Park Boulevard from an R-2 (Limited Multiple
Family Dwelling) Zone to an R-1 (One Family
Dwelling) Zone.
Bakersfield, California, March 1, 1989 Page 15
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember DeMond, Ordinance
No. 3207 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Ordinance No. 3208 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 3/4 mile south of White Lane
from an R-1 (One Family Dwelling) Zone to an
R-1-CH (One Family Dwelling-Church) Zone.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember Peterson, Ordinance
No. 3208 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Ordinance No. 3209 of the Council
of the City of Bakersfield amending Section
12.44.035 of the Bakersfield Municipal Code
relating to Food Vendors Operating Pushcarts.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Upon a motion by Councilmember McDermott,
No. 3209 of the Council of the City of Bakersfield was
the following roll call vote:
Ordinance
adopted by
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3210 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 north of White Lane
approximately 500 feet west of Park View Drive
from an R-3 (Limited Multiple Family Dwelling)
Zone to an R-1 (One Family Dwelling) Zone.
This Ordinance was given first reading at the meeting
of February 15, 1989.
Bakersfield, California, March 1, 1989 Page 16
Upon a motion by Councilmember Peterson, Ordinance
No. 3210 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
NEW BUSINESS
First Reading of an Ordinance of the Council
of the City of Bakersfield adopting
comprehensive zoning maps for the City of
Bakersfield pursuant to Section 17.06.010 of
the Bakersfield Municipal Code.
A comprehensive zoning map has been prepared for the
City. It consists of several pages that cover one square mile
each and include existing city zone district boundaries, existing
streets and alleys, natural and man-made geographic features
(rivers, railroads, freeways, etc.), and existing city limits.
Each sheet is 18" x 24" in area and is drawn to a 1" = 400'
scale.
Adoption of Resolution No. 33-89 of the
Council of the City of Bakersfield proposing
proceedings for annexation of territory to
the City of Bakersfield identified as
Annexation No. 332, Stine No. 5 Annexation,
generally located at the southeast corner of
Stine Road and the Arvin-Edison Canals,
contiguous to the boundary of the City
limits. (WARD 6)
Upon a motion by Councilmember McDermott, Resolution
No. 33-89 of the Council of the City of Bakersfield was approved
by the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Resolution No. 34-89 of the
Council of the City of Bakersfield proposing
proceedings for annexation of territory to
the City of Bakersfield identified as
Annexation No. 331, Allen No. 1 Annexation,
generally located at the northeast corner of
Stockdale Highway and Allen Road, contiguous
to the boundary of the City limits. (WARD 4)
Upon a motion by Councilmember Ratty, Resolution No.
34-89 of the Council of the City of Bakersfield was approved by
the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, March 1, 1989 - Page 17
Adoption of Resolution No. 35-89 of the
Council of the City of Bakersfield proposing
proceedings for annexation of territory to
the City of Bakersfield identified as
Annexation No. 333, Ashe No. 1 Annexation,
generally located at the southeast corner of
McCutchen Road and Ashe Road, contiguous to
the boundary of the City limits. (WARD 6)
Upon a motion by Councilmember McDermott, Resolution
No. 35-89 of the Council of the City of Bakersfield was approved
by the following roll call vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Approval of Agreement No. 89-43 with John
Grindstaff for construction engineering
services on the Stockdale Highway Bridge at
the Kern River.
Upon a motion by Councilmember Ratty,
No. 89-43 was approved and the Mayor was authorized
the Agreement
Agreement
to execute
COUNCIL STATEMENTS
Councilmember Smith left the meeting at 9:10 p.m.
Councilmember McDermott spoke regarding Police Chief's
report on police activity in Bakersfield in 1988.
Councilmember McDermott spoke regarding the Urban
Development Committee - General Plan.
Councilmember McDermott made a motion to refer the
issue of the proposal of a California Youth Facility to be built
in this area to the Urban Development Committee. The motion was
approved.
Councilmember Ratty submitted a letter to be placed on
file regarding the resolution passed in favor of request for
initial crossing guard at the Van Horn School site.
Councilmember DeMond announced a vacancy on the
Planning Commission and anyone interested should submit a letter
and resume.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 9:12 p.m.
MAYOR of the City of Bakersfield,
California
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California