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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