HomeMy WebLinkAbout03/29/1989 MINUTES CCBakersfield, California, March 29, 1989
Minutes of a Workshop of the Council of the City of
Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., March 29, 1989.
The meeting was called to order by Mayor Medders.
Assistant City Clerk Gafford called the roll as follows:
Present:
Absent:
Mayor Medders, Councilmembers DeMond, Smith, Ratty,
Peterson, McDermott,
Salvaggio (seated at 5:30
p.m.)
Councilmember Childs
WORKSHOP
HOMELESS
Fire Chief Dennis Needham presented a video of the home-
less in Bakersfield composed of information obtained by Staff and
Channel 23.
Fire Chief Needham stated that the Homeless Facility is
not designed to eliminate homelessness. The cost for this facil-
ity is a major issue. He stated that Penzoil will pay $164,000
for remediation of the site and also the cost for redesign
because of the contamination problem.
Fire Chief Needham described the architectural design of
the Homeless Facility, Day Center and Administration Building.
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Upon the request of Councilmember DeMond the Community
Development Block Grant Funds issue was rescheduled to a later
date.
Upon a motion by Councilmember DeMond, Council adjourned
to the City Manager's Conference for Closed Session at 6:03 p.m.
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54957, regarding Labor
Negotiations with City of Bakersfield's
Chief Negotiator Bill Avery for the
Fire Unit.
Closed Session pursuant to Government
Code Section 54956.9, regarding Perfor-
mance Evaluation of City Manager.
ADJOURNMENT
There
Council, upon a motion
adjourned at 6:55 p.m.
being no further business to come before the
by Councilmember DeMond, the meeting was
MAY~iR'~ t~h~e g ~ t ~ g f ~%~/s~f i~e~d, ~Ci~
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
bz
Bakersfield, California, March 29, 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., March 29, 1989.
The meeting was called to order by Mayor Medders
followed by the Invocation by Chaplain Ed Meissner of the First
Assembly of God Church and the Pledge of Allegiance.
Assistant City Clerk Gafford called the roll as follo%;s:
Present: Mayor Medders, Councilmembers DeMond, Smith, Ratty,
Peterson, McDermott
Salvaggio
Absent: Councilmember Childs
MINUTES
Upon a motion by Councilmember DeMond, Minutes of the
Regular Meeting of February 15, 1989, Regular Meeting of March 1,
1989, Special Meeting of March 15, 1989 and Regular Meeting of
March 15, 1989 were approved with the following correction to the
Regular Minutes of March 15, 1989.
COUNCIL STATEMENTS
The name of Steve Henderson corrected
to read Steve Anderson, ~n reference
to Plarn~ng Commission.
PUBLIC STATEMENTS
Mr. Fred McKenna, Community First Bank, 1401 19th Street
spoke regarding the Fox Theatre and submitted petitions to be
distributed to the Council.
Mr. Paul Kronenberg, C.D.O.A. Member, spoke regarding
the ordinance relating to signs. He requested that the Council
defer the adoption of the ordinance for 30 days so that the
C.D.D.A Design Review Committee can complete it's review of the
ordinance and forward its recommendations to the Council.
Mr. Wayne A. McNamee, 4216 Coronado Avenue representing
Sign Users Council of California, spoke regarding the Ordinance
relating to signs and read a letter from Executive Director
Robert J. Keenan as follows:
Dear Mayor and Council Members:
I regret that it is impossible for me to per-
sonally be present to present the views of the
Sign Users Council of California concerning the
proposed sign ordinance changes.
The Sign Users are in support of the proposal
before you, except for two areas.
First, we seriously question the inflexibility
of design allowed for "skyline signage". We
believe that allowing two lines of copy would
condense the visual impact of this type of
signage as opposed to one single continuous line
of copy across the upper portion of a building.
Secondly, we are concerned with the 40%
reduction of allowable wall signage for tenants
on the ground floor of a skyline signed
building. It seems discriminatory to punish
Bakersfield, California, March 29, 1989 - Page 2
tenants that have no say in what the landlord/
major tenant decide with regard to the instal-
lation of a skyline sign(s). Yet, these exist-
ing tenants or prospective tenants will be
allowed 40% less business identification than
if they located somewhere else in the city.
If an existing high rise building with no sky-
line signage but only ground floor tenant signs
were to install a skyline sign then all of the
ground floor businesses would immediately
become non-conforming by 40%. If a tenant
leaves the building would the new tenant be
required to reduce the existing sign 40%?
Would that requirement be in contradiction to
the CA Business & Professions Code (Chapter
2.5, Sections 5490-5499.1)? We believe so.
I would hope that the Council will give consid-
eration to these questions and possibly con-
tinue this hearing to allow for a study session
or discussion of these issues in more depth.
Thank you for your time, again I am sorry for
not personally being here to verbally present
these points and answer questions.
Sincerely,
Robert J. Keenan
Executive Director
HEARINGS
This is the time set for a public hearing
to consider an appeal by Ben O. Millar to
the decision of the Board of Zoning Adjust-
ment denying CUP ~4843 to allow 6 residen-
tial units on one lot and a modification to
eliminate required off-street parking on
that certain property commonly known as
2702 19th Street.
This hearing has been duly advertised, posted, and ths
property owners notified as required by law.
A petition containing fifty-one (51) signatures was
received on March 27, 1989, supporting the decision of the Board
of Zoning Adjustment to deny the request for CUP ~4843 and a
modification.
Mayor Medders declared the hearing open for public
participation.
Mr. Ben Millar spoke in support and asked that the
Council allow the property to continue to be a six-unit complex.
Mr. Kevin Rupp, 2702 20th Street, spoke in opposition to
the appeal.
Melissa Elliott, 2600 19th Street, spoke in opposition
to the appeal.
Katherine Iger, 2712 20th Street, spoke in opposition to
the appeal.
The following spoke in rebuttal:
Mr. Ben Millar spoke in support of the appeal.
Bakersfield, California, March 29, 1989 - Page 3
Mr. Randy Herr, 2701 20th Street, spoke in opposition.
Mr. Robert White, 2617 20th Street, spoke in oppositicn.
No further protests or objections being received, and no
one else wishing to speak in favor, Mayor Medders closed the pub-
lic portion of the hearing for Council deliberation and action.
Upon a motion by Councilmember DeMond, the decision of
the Board of Zoning Adjustment was upheld, the appeal was denied
and the premises were required to be vacated by June 1, 1989 and
returned to a legal single-family or duplex residence by August
1, 1989 by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Peterson,
City Attorney Saalfield stated that technically
Councilmember Childs is suspended and for that reason there need
be no reference on votes this evening to his presence or absence.
For this meeting he is on suspended status and therefore is not
participating.
This is the time set for a public hearing
to consider an appeal by Michael Clark to
the decision of the Board of Zoning Adjust-
ment denying CUP #4846 to allow off-street
parking in the front yard setback for a
period of time not to exceed 4 years on
that certain property commonly known as
4616 Christmas Tree Lane.
This hearing has been duly advertised, posted, and the
property owners notified as required by law.
Correspondence has been received from John and Nedrabeau
Gilfillan, 4700 Christmas Tree Lane, dated March 27, 1989, sup-
porting the decision of the Board of Zoning Adjustment to deny
the request for CUP #4846.
Planning Director Hardisty stated that the appellant Mr.
Clark and those who oppose the garage conversion have had some
discussions concerning a possible compromise where he would agree
to convert the garage for a two-year period rather than a four-
year period of time. Staff has called eight residents, two are
very opposed and the other six could see that it might be a work-
able solution. Council might ask if the appellant is going to
change his request from four-years to two-years for the record.
Planning Director Hardisty stated that if the council
approved the garage conversion his recommendation would be that a
bond sufficient to converting it back to the status of a garage
be posted with the city and that no other changes which would
affect the exterior appearance of the residential setting be
permitted.
Mayor Medders declared the hearing open for public
participation.
Mr. Michael Clark spoke in support and stated that the
conversion was only a temporary situation to accommodate his fam-
ily size and submitted pictures of his home for Council's review.
Mr. Jim Clark Jr., President of Clark's Pest Control,
spoke in support of the appeal and stated that there is no intent
to build a district office for Clark's Pest Control at 4616
Christmas Tree Lane.
BaKersfield, California, March 29, 1989 - Page 4
No 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.
Upon a motion by Councilmember Smith, the appeal to
allow two-years off street parking in the front setback for a
period of time not to exceed two years on that certain property
commonly known as 4616 Christmas Tree Lane was granted by the
following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Peterson,
This is the time set for a public hearing
regarding the sale of surplus property
(City Fire Station, 790 East Brundage Lane).
This hearing has been duly advertised and posted as
required by law.
Purchaser withdrew the offer for the Brundage Lane
property, therefore, a hearing is no longer necessary.
REPORTS
Councilmember Smith read Auditorium and Community
Services Committee Report No. 6-89 regarding Citizen's Advisory
Committee terms of appointment as follows:
The Auditorium and Community Services Com-
mittee of the Bakersfield City Council met
on January 23, 1989 to consider amending
Bakersfield Municipal Code Section 2.52.020
relating to the terms of members on the
Citizens Auditorium Committee.
The City Attorney was directed to prepare
a draft ordinance shortening the committee
members' terms to four years. Additionally,
each member was to be appointed from his or
her own ward. The Council Committee referred
this proposed ordinance to the Citizens
Auditorium Committee for their input.
On February 14, 1989, the Citizens Auditorium
Committee met. They voted to endorse the
amendment to the ordinance, but wanted to
serve out the terms to which they have been
appointed. When existing terms expire,
Council members would then nominate a new
committee member from his/her ward to be
appointed by the Council to a four year term.
One committee position is currently vacant,
and must be filled by appointment of a
resident of Ward 4.
Based on the above, this committee recommends
the ordinance be amended to read as attached
and consider first reading.
Upon a motion by Councilmember Smith, Auditorium and
Community Services Committee Report No. 6-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.52.020 of the
Municipal Code relating to terms of
members of the Citizen's Auditorium
Committee.
Bakersfield, California, March 29, 1989 Page 5
Upon a motion by Councilmember Smith, the recommenda-
tions of Auditorium and Community Services Committee Report No.
6-89 were implemented and First Reading given to an ordinance of
the Council of the City of Bakersfield amending Section 2.52.020
of the Municipal Code relating to terms of members of the
Citizen's Auditorium Committee.
Councilmember Peterson, Chairperson of the Auditorium
and Community Services Committee, read Report No. 7-89 regarding
the Fox Theatre as follows:
It is the intent of this report to inform
the City Council of an issue currently being
addressed by the Auditorium and Community
Services Committee. It is for informational
purposes only and will be followed, in due
course, by a final report.
Over the past several years the Auditorium and
Community Services Committee has been involved
in the issue of the Fox Theatre. The problem
at hand is whether the Fox Theatre is a worth-
while property for the City to acquire, restore,
and operate; and if so, what are the costs?
Over this same time period, the Committee has
met with staff, community leaders, and concerned
citizens in an effort to gather as much infor-
mation as possible. Based on those findings,
the Committee recommended spending $15,000 to
determine the feasibility of such a project and
direct staff begin the study.
Since that time, it was learned that the
Central District Development Agency had formed
an Ad Hoc Committee to begin looking into
developing a multi-cultural arts center. Mel
Rubin, member of the Ad Hoc Committee, was
present at the last committee meeting to
explain their position. He advised that their
committee was hoping to put together a feasi-
bility study to determine the City's needs,
possible financing, site location and perhaps,
formation of a foundation. They also felt the
location should be in the southeast downtown
area next to the library or Civic Auditorium
and could be completed within nine years. This
would hopefully tie in with Bakersfield's 100th
anniversary. In addition to the Ad Hoc Committee,
it was learned that Santa Barbara Business
College conducted a marketing study as a class
project. They included the Fox as part of the
survey and wanted to know if it is worth re-
storing and for what it should be used. Of
the 120 people polled, 84% felt the Fox was
definitely worth saving, and should primarily
be used as a theatre or night club.
After much discussion and further review of
all available information, members of the
Auditorium and Community Services Committee
felt it necessary to inform the City Council
as to its position on this matter. While
this committee recognizes the need for a
multi-cultural arts center, and would support
such an effort, the Fox Theatre is still the
best answer to solving Bakersfield's immediate
cultural needs. As an interim project, the
Fox Theatre would greatly enhance the Civic
Auditorium's capabilities by offering theatre
Bakersfield, California, March 29, 1989 - Page 6
space to smaller organizations that are other-
wise turned away. It will help revitalize the
downtown area and, in fact, should act as a
catalyst to future development of cultural
arts center.
In way of summary, the Auditorium and Community
Services Committee feels the Fox Theatre is a
viable project and is proceeding in a timely
fashion with its study and should have results
within the next six months. Upon its completion
the findings will be presented, along with
recommendations, to Council for its input and
action.
Upon a motion by Councilmember Peterson, Auditorium and
Community Services Committee Report No. 7-89 was accepted.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 11-89 regarding proposed
change in the maximum Community Development Block Grant Deferred
Loan amount from $15,000 to $27,000 as follows:
On March 15, 1989, the Budget and Finance Committee
reviewed a request by the Community Development
Division to increase the deferred loan limit from
$15,000 to the maximum HUD Title I loan limit of
$27,000.
In 1980, the City Council approved the deferred
payment loan program as part of the Community
Development Home Improvement Loan Program. The
deferred loan program provides funds to seniors
and very low income families so that they are
able to rehabilitate their homes to eliminate
health and safety code items. Since that time,
four (4) increases of the deferred loan limit
have been approved. These increases were neces-
sary to meet the increased cost of material and
labor to complete the necessary improvements on
these properties.
Therefore, this Committee recommends that the
deferred loan limit be increased to the HUD
Title I limit.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report NO. 11-89 was accepted.
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 11-89 were
implemented.
Councilmember McDermott read Budget and Finance
Committee Report No. 12-89 regarding Purchasing Ordinance as
follows:
On January 10, 1989, the Vice Mayor referred a
proposed Ordinance relating to purchasing to the
Budget and Finance Committee for review.
This Ordinance implements the November, 1988
amendments to Charter Sections 135 and 136 and
requires a 10% retention for progress payments
for the first $500,000 of any contract, allowing
the Public Works Director discretion as to further
retentions, and establishes different dollar
thresholds for requiring formal bidding of con-
tracts which are $20,000 or greater. Also included
are open market bidding procedures (written quotes
for purchases from $10,000 and $20,000; oral quotes
Bakersfield, California, March 29, 1989 - Page 7
for purchases from $5,000 to $10,000; and petty
cash procedures set by administrative rules and
regulations for purchases of $5,000 or less).
The Committee has met and discussed the proposed
Ordinance with staff and recommends that the
proposed Ordinance be given first reading.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 12-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Sections 3.20.060, 3.20.090
and 3.20.100 of the Bakersfield
Municipal Code relating to Purchasing.
Upon a motion by Councilmember McDermott, the recommen-
dations of Budget and Finance Committee Report No. 12-89 were
implemented and First Reading given to an Ordinance of the
Council of the City of Bakersfield amending Section 3.20.060,
3.20.090 and 3.20.100 of the Bakersfield Municipal Code relating
to Purchasing.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 13-89 regarding Animal Control
Ordinance as follows:
On January 10, 1989, the Vice Mayor referred a
proposed Ordinance relating to the entry on
property by animal control officers to the
Budget and Finance Committee for review.
The Committee has reviewed the proposed Ordinance
which repeals Section 6.04.240 of the Municipal
Code, which gives animal control officers authority
to enter onto private property in order to enforce
laws relating to animal control. Since this
section gives the officers no more authority than
they already have by law, it is no longer
necessary. After discussion with staff, the
Committee recommends that the proposed Ordinance
be given first reading.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 13-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
repealing Section 6.04.240 of the
Bakersfield Municipal Code relating
to entry on property by animal
control officers.
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 13-89 were
implemented and First Reading given to an Ordinance of the
Council of the City of Bakersfield repealing Section 6.04.240 of
the Bakersfield Municipal Code relating to entry on property by
animal control officers.
Upon a motion by Councilmember McDermott, Report No.
14-89 from the Budget and Finance Committee regarding Bakersfield
Courthouse Racquetball Facility was referred back to committee.
Councilmember McDermott read Budget and Finance
Committee Report No. 15-89 regarding Mid-Year Budget Amendment as
follows:
Bakersfield, California, March 29, 1989 - Page 8
On June 22, 1988, the City Council approved
Resolution No. 118-88, adopting the Fiscal Year
1988-89 Operating and Capital Improvements Budgets
for the City of Bakersfield. Since then, the
Council has taken a number of actions which have
changed appropriations as originally stated in
the budget. These include the appropriation
of funds from the Medical Reserve Trust Account,
State Traffic Grant Revenue, Council Contingency,
and other sources as indicated in Exhibit "A"
of the proposed Resolution.
Also included on Exhibit "A" are several items
for which appropriations are being requested.
These include additional improvements to the
Bikeway/Pedestrian Pathway; final project costs
associated with the Union Avenue Overcrossing;
State Park Grant and P.G.&E. reimbursements
for Park projects; funds for the acquisition of
the "Burger" property at the Airpark; technical
accounting corrections for Bond Interest and
Assessment District Debt Service; the Mayor's
salary increase; and additional election costs
incurred for the November 1988 election.
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 appro-
priations are as follows:
Operating and Debt
Service
Council Approved
7/1/88
$ 97,127,853
Amended
$100,309,738
Net Change__
$ 3,181,885
Capital Improvements $ 30,612,000
Total Appropriations $127,739,853
$ 31,040,340 $ 428,34--0
$131,350,078 $ 3,610,225
Upon review of these amendments, the Committee
recommends the approval of this report and the
adoption of the proposed Resolution.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 15-89 was accepted.
Adoption of Resolution No. 42-89 of
the Council of the City of Bakersfield
amending Resolution No. 118-88 Approving
and Adopting the Operating and Capital
Improvement Budgets for the Fiscal Year
1988-89.
Upon a motion by Councilmember McDermott, the recommen-
dations of Budget and Finance Committee Report No. 15-89 were
implemented and Resolution No. 42-89 of the Council of the City
of Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
None
None
Councilmember Childs
Councilmember Smith, Chairperson of the
mental Relations Committee, read Report No. 3-89
Homeless Coalition Task Force as follows:
Intergovern-
regarding the
Bakersfield, California, March 29, 1989 - Page 9
The City and County members of the Intergovern-
mental Relations Committee met on March 9, 1989,
to discuss a letter from the Homeless Coalition
Task Force. The Intergovernmental Relations
Committee concurs with the Task Force, as described
in their letter, that the specific task assigned
has been completed. The Committee also agrees
with the establishment of an advisory committee to
deal with the operation of the homeless facility
in conjunction with Bethany Center and the City
Community Development Division.
The Intergovernmental Relations Committee is also
in agreement with establishing a Countywide
commission to deal with the problems of the home-
less on a much broader scale.
The Homeless Coalition Task Force should be
commended for the time and effort that has been
spent on developing recommendations for the
homeless facility. Their efforts have provided
support in improving conditions for the homeless
population in our community.
The Intergovernmental Relations Committee requests
approval of this report. The Committee also
recommends that the Homeless Coalition Task Force
be allowed to disband, that an advisory committee
be established to work with the Bethany Center on
the homeless facility, and that the Board of
Supervisors be encouraged to establish a Countywide
Homeless Commission.
Upon a motion by Councilmember Smith, Intergovernmental
Relations Committee Report No. 3-89 was accepted.
Upon a motion by Councilmember Smith, the recommenda-
tions of Intergovernmental Relations Committee Report No. 3-89
were implemented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
Approval of Warrant Nos. 6813 to 7338 inclusive,
in the amount of $1,944,393.08
Communication from Venture Properties, 5880
District Boulevard, dated March 22, 1989, re-
questing a General Plan Amendment for commercial
use on Lot 13, located on the west side of
Oswell Street between Bernard and Pico.
(RECEIVE AND REFER TO PLANNING COMMISSION).
Dedication of Access Easement and Public
Utilities Easement from Panama-Buena Vista
Union School District for public access and
utilities located at the easterly terminus of
McInnes Boulevard.
d. Map and Improvement Agreements:
Agreement No. 89-60 with
Stockdale South for
Tract 4902 Unit G for 32 lots on
7.75 acres located at the intersection
of Harris Road and Indian Gulch Street
east of Gosford Road.
Bakersfield, California, March 29, 1989 - Page 10
h o
Agreement Nos. 89-61 and 89-62 with
Homestead Land Development Corporation
for Tract 4709 for 97 lots on 33.05
acres located south of Stockdale Highway
and east of South Renfro Road.
Notices of Completion and Acceptance of Work
for the following projects:
Tract No. 4568, Unit IV, located at or
near Camino Media, west of Gosford Road,
Contract No. 87-134, was completed on
March 20, 1989.
Tract No. 5024, located east of Old River
Road, south of Ming Avenue, Contract No.
87-282, was completed on March 20, 1989.
Tract No. 5033, Unit I (Landscaping),
located south of Hageman and east of
Calloway, Contract No. 88-122, was
completed on March 7, 1989.
Tract No. 5034, Unit 1 (Landscaping),
located north of Meacham Road and
east of Calloway, Contract No. 88-124,
was completed on March 7, 1989.
o
Tract No. 5034, Unit 2 (Landscaping),
located north of Meacham Road and east
of Calloway, Contract No. 88-237, was
completed on March 7, 1989.
Tract No. 5034, Unit 3 (Landscaping),
located north of Meacham Road and east
of Calloway, Contract No. 88-278, was
completed on March 20, 1989.
Parcel Map No. 7353, located on So. "H"
Street and White Lane, Contract No.
84-227, was completed on March 8, 1989.
Parcel Map No. 7353.1, located on So. "H"
Street and White Lane, Contract No. 84-26,
was completed on March 8, 1989.
Wastewater Treatment Plant No. 2 Effluent
Irrigation, Contract No. 88-250, was com-
pleted on March 17, 1989.
Contract Change Order No. 1, Contract No. 89-5
with Griffith Company, for construction of curb
and gutter on Hendricks, Houchin, Lacey, Oregon,
Oscar, Pacific and Quincy.
Request for Time Extension from Lawton Powers
to construct improvements under Improvement
Agreement No. 85-110 for Parcel Map No. 7470
to December 26, 1989.
Agreement No. 89-63 with Oceanic California,
Inc., California Harvest shops, Inc., and
the City of Bakersfield for enforcement of
Construction Bond.
Agreement No. 89-64 with Bakersfield Officials'
Association in order to provide officials for
softball games conducted by the Recreation
Division.
Bakersfield, California, March 29, 1989 - Page 11
Award of contract to Aerial Photomapping Services
for aerial photomapping for Public Works in
the amount of $4,125.00 and reject other bids.
Accept low bid from Acme Pool Supply for pool
paint for Parks Division in the amount of
$5,469.60 and reject other bids.
Accept low bids for barricades and delineators
for Public Works to Fogle Equipment and Supply
(3 items, $9,683.10); Flashco, Inc. (1 item,
$3,078.24) and reject all other bids.
Correspondence from Warner Cable Communications,
dated March 15, 1989, requesting approval for
a merger of Warner Communications with Time
Incorporated. (RECEIVE AND REFER TO BUDGET
AND FINANCE COMMITTEE)
Upon a motion by Councilmember Salvagglo, Items a, b, c,
d, e, f, g, h, i, j, k, 1 and m of the Consent Calendar were
approved by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Peterson,
DEFERRED BUSINESS
Adoption of Ordinance No. 3212 of the
Council of the City of Bakersfield
amending Section 5.12.220 of the
Municipal Code and adding Subsections
C. and D. to Section 5.12.110 of the
Municipal Code relating to Bingo Games.
This Ordinance was given first reading at the meeting cf
March 15, 1989, with Budget and Finance Committee Report No.
8-89.
A petition containing nine signatures has been received
dated March 17, 1989 expressing their concern of Bingo games
being held in schools or other public buildings.
Staff was directed to prepare a memorandum to the
Council responding to the citizens that submitted the petition.
Upon a motion by Councilmember Ratty, Ordinance No. 3212
of the Council of the City of Bakersfield was adopted by the fol-
lowing roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None
None
Councilmember Childs
Referral of an Ordinance of the
Council of the City of Bakersfield,
amending Sections 17.60.030.29 ,
17.60.110 G.I., 17.60.110 K.i.,
17.60.110 0.1 and 17.60.260 F.6. of
the Bakersfield Municipal Code and
adding Sections 17.60.245 and
17.60.265 to the Municipal Code
relating to Signs.
Bakersfield, California, March 29, 1989 - Page 12
This Ordinance was given first reading at the meeting of
March 15, 1989, with Urban Development Committee Report No. 2-89.
Councilmember McDermott made a motion to approve the
Negative Declaration and adopt the Ordinance.
Councilmember McDermott amended his motion to refer the
Ordinance of the Council of the City of Bakersfield, amending
Sections 17.60.030.29 , 17.60.110 G.i., 17.60.110 K.i., 17.60.110
0.1 and 17.60.260 F.6. of the Bakersfield Municipal Code and add-
ing Sections 17.60.245 and 17.60.265 to the Municipal Code relat-
ing to Signs back to the Urban Development Committee. The motion
was approved.
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.32.060 F. of the
Bakersfield Municipal Code relative
to fees for construction of bridges
or major thoroughfares pursuant to
Section 66484 of the Map Act.
This Ordinance amends Section 16.32.060 of the
Bakersfield Municipal Code to add the Ashe Road Planned Bridge
and Major Thoroughfare Area to Subsection F. in order to collect
fees for construction on bridges and a railroad crossing on Ashe
Road between District Boulevard and Panama Lane.
Adoption of Resolution of Intention No.
1057 of the Council of the City of
Bakersfield declaring its intention to
order the abandonment of the 20-foot wide
public utilities easement between Parcels
1 and 2 of Parcel Map No. 7048 (southwest
corner of Rio Mirada Drive and Arrow
Street).
This Resolution sets the public hearing for the Council
meeting of April 26, 1989.
Upon a motion by Councilmember DeMond, Resolution of
Intention No. 1057 of the Council of the City of Bakersfield was
adopted by the following roll call vote.
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
None
None
Councilmember Childs
Adoption of Resolution No. 43-89 of
the Council of the City of Bakersfield
authorizing application for land and
water conservation funds to develop a
Kern River Parkway group picnic area,
support facilities, and turf areas on
15 acres located west of State Highway
99, north of Empire Drive.
Upon a motion by Councilmember Salvaggio, Resolution No.
43-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Peterson,
Bakersfield, California, March 29, 1989 - Page 13
Adoption of Resolution No. 44-89 of
the Council of the City of Bakersfield
declaring its intention to authorize
the refund of landfill disposal charges
collected by the City of Bakersfield.
Upon a motion by Councilmember McDermott, Resolution ~;o.
44-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Adoption of Resolution No. 45-89 of
the Council of the City of Bakersfield
approving the Bakersfield Fireman's Labor
Organization (BFLO) as the new exclusive
representative of the employees in the
Fire and Fire Supervisory Units.
Upon a motion by Councilmember Peterson, Resolution No.
45-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
None
None
Councilmember Childs
Adoption of Resolution No. 46-89 of
the Council of the City of Bakersfield
approving the results of the Agency
Shop Election and authorizing payroll
deduction for the Agency Shop from
paychecks of employees in the Blue
Collar Unit.
Councilmember McDermott stated for the record
continues to oppose Agency Shop but will support the
recommendation.
that he
Upon a motion by Councilmember Salvaggio, Resolution No.
46-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
Peterson,
Approval of Agreement No. 89-65 with
CareerCom College for Paralegal Intern
Services.
Upon a motion by Councilmember DeMond,
89-65 was approved and the Mayor was authorized
Agreement.
Agreement No.
to execute the
Approval of Loan Agreement No. 89-66
with State of California DOT/Aeronautics
for $111,111.00 which represents the
City's 10% matching share of approved
FAA Airpark Improvement Grant.
Upon a motion by Councilmember Salvaggio, Agreement No.
89-66 was approved and the Mayor was authorized to execute the
Agreement.
Bakersfield,
California,
March 29,
1989 - Page 14
Approval of Agreement No. 89-67 with
City of Delano for Assignment of
Federal Aid Urban (FAU) Funds.
Upon a motion by Councilmember Ratty, Agreement No.
89-67 was approved and the Mayor was authorized to execute the
Agreement.
Approval of Agreement No. 89-68 with
the County of Kern to furnish Supple-
mentary and Mutual Fire Protection.
Upon a motion
89-68 was approved and
Agreement.
by Councilmember Peterson, Agreement No.
the Mayor was authorized to execute the
Changes in taxi-cab insurance requirements
and rate fares.
As a result of increased insurance requirements, taxi-
cab owners have requested the drop charge (the minimum fare
charged) be raised from $1.40 to $1.75. This represents an
increase of 4% for a five (5) mile taxi-cab ride. The rate per
mile ($1.50) and all other charges will remain the same.
Upon a motion by Councilmember Ratty, the rates were
approved.
Independent Contractor's Agreement
No. 89-69 with John Car011o Engineers
to make certain revisions to the
existing pretreatment program.
Upon a motion by Councilmember DeMond, Agreement No.
89-69 was approved and the Mayor was authorized to execute the
Agreement.
Proposal for the sale of the City Fire
Station at 4th and "L" Streets.
Upon a motion by Councilmember Peterson, a public hear-
ing was set for April 12, 1989.
Two (2) vacancies on the Historic
Preservation Commission.
One vacancy due to the expiration
of term by Dick Foster, term
expiring March 30, 1989. (Ward 4)
One vacancy due to the expiration
of term by Gwen Hare, term expiring
March 30, 1989. (Ward 5)
Councilmember Ratty submitted Kevin Rupp for nomination
to the Historic Preservation Commission and asked that the nomi-
nations be closed for Ward 4. He asked if anyone is interested
to contact him within the next two weeks.
Councilmember Peterson nominated Gwen Hare for
reappointment to the Historic Preservation Commission if she
interested.
One (1) vacancy to the Planning Commission
due to the resignation of Dennis Gronbeck,
term expiring April 17, 1991.
Correspondence has been received from V.
Jr. dated March 29, 1989 declining the nomination
position of Planning Commissioner.
David Strong
for the
Bakersfield, California, March 29, 1989 - Page 15
Mayor Medders stated that Steve Anderson was the first
name for nomination and then Robert Frapwell.
The nomination for Steve Anderson failed by the follo%;-
ing vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty, McDermott
Councilmembers Smith, Peterson
Councilmember Salvaggio
Councilmember Childs
The nomination for Robert Frapwell failed by the fol-
lowing vote:
Ayes: Councilmembers Smith, Peterson, Salvaggio
Noes: Councilmembers DeMond, Ratty
Abstain: Councilmember McDermott
Absent: Councilmember Childs
The vote for the first nomination, Steve Anderson, was
reconsidered. The nomination was approved by the following vote:
Ayes: Councilmembers DeMond, Ratty, Peterson,
Noes: Councilmembers Smith, $alvaggio
Abstain: None
Absent: Councilmember Childs
McDermott
COUNCIL STATEMENTS
Upon a motion by Councilmember Peterson the issues
relating to the Planning Commission such as code of ethics, con-
flict of interests, duties of the commissioners, appointments and
grounds for dismissal, were referred to the Urban Development
Committee.
Councilmember DeMond stated that she is interested in
meeting the nominations for vacancies on boards and commissions
and asked that they call her.
Upon a motion by Councilmember DeMond the issue of a
tratfic signal at 34th and San Dimas was referred to Staff.
Upon a motion by Councilmember Smith the issue of
using a ballot system for voting on appointments was referred to
the Urban Development Committee.
Upon a motion by Councilmember Smith, the salary adjust-
ment for the City Manager will be placed on the Agenda for the
meeting of April 12, 1989.
Upon a motion by Councilmember Ratty the matter of the
Clarion Hotel was referred to the Budget and Finance Committee.
Councilmember Salvaggio stated that he is troubled at
some of the remarks that were reported to be made by Council-
member Childs, particularly those with respect to the City
Council. He assured the residents and voters of the First Ward
that he knows of no hidden agenda by any member of the Council
and he categorically rejects the notion that any member of the
Council may not be considering the interest of the First Ward.
~e stated that Ward One is just as important as any other ward.
Mayor Medders stated that two positio~on the Central
District Development Agency, held by William Paynter and Mel
Rubin, will expire on April 22, 1989. Both gentlemen wish to
serve again. He will be submitting their names for reappointment
unless the Council submits other names for consideration.
Bakersfield, California, March 29, 1989 - Page 16
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Ratty, the meeting was
adjourned at 9:10 p.m.
MAYOR of the City of Bakersfield, C~
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
bz