HomeMy WebLinkAbout04/26/1989 MINUTES CCBakersfield, California, April 26, 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., April 26, 1989.
The meeting was called to order by Mayor Medders.
City Clerk Williams called the roll as follows:
Present: Mayor Medders,
Absent: None
Councilmembers
DeMond, Smith, Ratty,
Peterson, McDermott,
$alvaggio
WORKSHOP
CALIFORNIA TRANSPORTATION UPDATE BY
R. P. WEAVER, DISTRICT DIRECTOR,
DISTRICT 6.
Mr. Dick Weaver, District Director, Region Six with
Department of Transportation, explained the District based in
Fresno. He was directed to deliver the program and go out and
meet the locals. He provided an organizational chart of the
State Department of Transportation and stressed his and his
staff's availability.
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54956.8 to discuss real
property acquisition (Water-ways
Irrigation, 410 E. Planz Road, Bakers-
field).
Closed Session pursuant to Government
Code Section 54956.8 to discuss real
property acquisition (Universal Radio-
graphics, 419 Watts Drive, Bakersfield).
Closed Session pursuant to Government
Code Section 54956.8 to discuss real
property acquisition (Gary Lee Rodden
and Patricia Ann Rodden, 140 E. White
Lane, Bakersfield).
Upon a motion by Councilmember Peterson, Council
adjourned to the City Manager's Conference Room for Closed
Session at 6:10 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 6:44 p.m.
MAYOR of the City of Bakersfield,
ATTEST:
CITY CLERK and Ex ~fficio Clerk of the Council
of the City of Bakersfield, California
bz
Bakersfield,
California, April 26, 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., April 26, 1989.
The meeting was called to order by Mayor Medders
followed by the Invocation by Ken McCrary, Member of the Board of
Deacons, First Assembly of God Church and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present: Mayor Medders,
Absent: None
Councilmembers
DeMond, Smith, Ratty,
Peterson, McDermott
Salvaggio
Mayor Medders announced that there are only six
Councilmembers. At the current time there is no Councilmember
for the First Ward.
MINUTES
Upon a motion by Councilmember Ratty, Minutes of the
Special and Regular Meetings of April 12, 1989, were approved.
PRESENTATION
Mr. Dean Gay, Member of the Citizens Ad Hoc Advisory
Committee read the following report regarding Space Needs dated[
April 26, 1989 as follows:
The report from the Citizens Ad Hoc Advisory
Committee for Space Needs is attached for your
consideration. The report provides Committee rec-
ommendations on space needs and explanatory reasons
for those recommendations.
We hope you will carefully consider the rationales
expressed in the report when deciding on the course
of action you will take regarding the City's space
needs. Our concerns were focused on the effects of
service provision to citizens as space needs impact
the City's functions. As you consider the recom-
mendations contained within the report, please keep
in the back of your mind the following concerns:
There is a need for capital expenditures in
the Police, Fire and administrative areas,
including land for parking and future
facilities.
In view of current developments, it does not
appear to be the best time for a general obli-
gation bond issue.
In the long-range, it is more economical for
the City to purchase facilities than to
lease. The City should devise a long-range
plan to acquire additional land downtown as
well as facilities.
Council should be aware that on the short-term
basis there is space available in downtown to
meet space needs. However, this should not be
interpreted as a recommendation from the
Committee for long-term leasing of existing
downtown buildings.
Bakersfield, California, April 26, 1989 - Page 2
Staff should determine the best method of
financing, but Council should be aware that it
will impact funds for other services.
Council should be aware there may be substan-
tial advantages to building a new Police
facility and utilizing the existing Police
building to accommodate other divisions which
are currently impacted for space.
The attached report reflects a consensus of member
concerns as we dealt with this important issue.
Mr. Gay also stated that the Committee is very concerned
that plans be laid for a centralized civic center core. They
feel that in order to meet tomorrows needs the city must first
acquire the land to meet the future building and parking require-
merits of the civic center core.
Members
efforts.
Mayor Medders, on behalf of the City, thanked the
of the Citizens Ad Hoc Advisory Committee for their
Upon a motion by Councilmember Smith, Citizens Ad Hoc
Advisory Committee Report, dated April 26, 1989, regarding Space
Needs was referred to the Budget and Finance Committee.
PUBLIC STATEMENTS
Mr. Rick Keel, 415 Roberts Lane, spoke regarding keeping
the City clean and asked the Council to improve the system for
hearing citizens' complaints.
Mr. David Krych, 7805 Calle Nobleza, spoke regarding the
editorial in April 21, 1989, newspaper regarding the traffic
problem in Stockdale Estates and submitted copies of the edito-
rial to the Council.
Mr. Doug Eberts, 7713 Calle Nobleza, spoke regarding the
editorial in April 21, 1989, newspaper regarding traffic in
Stockdale Estates and asked the Council to help to solve this
problem.
Mr. Robert Barnes, 7801 Calle Cerca, spoke regarding
the traffic problem in Stockdale Estates.
Mr. Rick Paul, 513 Starnet Lane, spoke regarding the
traffic problem in Stockdale Estates.
Councilmember Peterson stated that the City Traffic
Department has conducted a comprehensive speed survey which
showed that 85% of the traffic speed was at 38 mph, above the
safety range, some traffic was at 47-55 mph. The City will
install a one way stop sign for southbound traffic at Calle
Nobleza and Calle Ponderosa and then re-evaluate in two weeks.
stated that this is the first step in traffic enforcement.
He
Councilmember Peterson directed staff, a representative
from the Police Department, Traffic Department, and Risk
Management and himself to meet with residents in two weeks to
review this problem.
Mr. Kevin Rupp, 2702 20th Street, spoke in support of
the Emergency Ordinance of the Council of the City of Bakersfield
requiring a Conditional Use Permit (CUP) for the establishment or
re-establishment of living or sleeping quarters in the
Redevelopment Project Area under Council consideration.
Bakersfield, California, April 26, 1989 - Page 3
Mr. Fred McKenna, 6505 South Half Moon Drive, spoke in
support of the Emergency Ordinance of the Council of the City of
Bakersfield requiring a Conditional Use Permit (CUP) for the
establishment or re-establishment of living or sleeping quarters
in the Redevelopment Project Area.
Mr. Curtis Darling, co-owner of property, spoke in oppo-
sition of the Emergency Ordinance of the Council of the City of
Bakersfield requiring a Conditional Use Permit (CUP) for the
establishment or re-establishment of living or sleeping quarters
in the Redevelopment Project Area.
Mr. Bill Tannor, 2618 20th Street, spoke in support of
the Emergency Ordinance of the Council of the City of Bakersfield
requiring a Conditional Use Permit (CUP) for the establishment or
re-establishment of living or sleeping quarters in the
Redevelopment Project Area.
Roger Hay, 1612 19th Street, Suite 102, spoke in support
of the Emergency Ordinance of the Council of the City of
Bakersfield requiring a Conditional Use Permit (CUP) for the
establishment or re-establishment of living or sleeping quarters
in the Redevelopment Project Area.
Mr. Fred Clad, 1610 19th Street, spoke in support of the
Emergency Ordinance of the Council of the City of Bakersfield
requiring a Conditional Use Permit (CUP) for the establishment or
re-establishment of living or sleeping quarters in the
Redevelopment Project Area.
Mr. Gary O'Neil, 424 18th Street spoke in support of the
Emergency Ordinance of the Council of the City of Bakersfield
requiring a Conditional Use Permit (CUP) for the establishment or
re-establishment of living or sleeping quarters in the
Redevelopment Project Area.
Ms. Sharon Owens, 412 4th Street, representative of
Voters and Friends of the First Ward, informed the Council that
they filed petitions requesting a special election for the First
Ward and asked that Council support their request.
Mr. Marvin Dean, P.O. Box 1062, spoke in support of the
First Ward exercising their right to vote and asked that the
Council support a special election.
HEARINGS
This is the time set for a public hearing
before the Council of the City of Bakers-
field for the purpose of hearing any
evidence for or against the Kern County
and Incorporated Cities Hazardous Waste
Management Plan and Final Environmental
Impact Report.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation.
Mr. Randall Abbott, Kern County Planning Director, spoke
in support and provided background information on the process
that has taken place on the Plan. He asked that the Council
approve the Plan including the siding supplements.
No protests or objections being received and no one else
wishing to speak in favor, Mayor Medders closed the public por-
tion of the hearing for Council deliberation and action.
Bakersfield, California, April 26, 1989 - Page 4
Adoption of Resolution No. 55-89 of the
Council of the City of Bakersfield
approving Kern County and Incorporated
Cities Hazardous Waste Management Plan.
Upon a motion by Councilmember Salvaggio, Resolution
No. 55-89 of the Council of the City of Bakersfield and the Final
Environmental Impact Report was adopted by the following roll
call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
This is the time set for a public hearing
regarding amendment to the Rancho Laborde
Specific Plan Land Use designations on
those certain properties in the City of
Bakersfield located on the north side of
Hagemen Road between Coffee Road and
Patton Way from apartment to single family
estate.
This hearing has been duly advertised, posted and prop-
erty owners notified as required by law.
Mayor Medders declared the hearing open for public
participation. 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.
Adoption of Resolution No. 56-89 of
the Council of the City of Bakersfield
making findings, adopting Negative
Declaration and approving amendment
to the Rancho Laborde Specific Plan
Land Use designations on those certain
properties in the City of Bakersfield
located on the north side of Hagemen
Road between Coffee Road and Patton Way
from apartment to single family estate.
Upon a motion by Councilmember Ratty, Resolution No.
56-89 of the Council of the City of Bakersfield making findings,
adopt Negative Declaration and approving the Rancho Laborde
Specific Plan Amendment was adopted by the following roll call
vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
This is the time set for a public hearing
before the Council of the City of Bakers-
field on Resolution of Intention No. 1057
declaring its intention to order the
abandonment of the 20-foot wide public
utilities easement between Parcel 1 and
2 of Parcel Map No. 7048 (southwest corner
of Rio Mirada Drive and Arrow Street).
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Bakersfield, California, April 26, 1989 - Page 5
Adoption of Resolution No. 57-89 of
the Council of the City of Bakersfield
ordering 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) in the City of
Bakersfield.
Upon a motion by Councilmember DeMond, Resolution No.
57-89 of the Council of the City of Bakersfield ordering abandon-
ment of the public utilities easement was adopted by the follow-
ing roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: None
This is the time set for a public hearing
to consider an Ordinance of the Council of
the City of Bakersfield adding Section
10.32.140 to the Bakersfield Municipal Code
Relating to Parking of Commercial Vehicles
in Residential Districts.
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation. No protests or objections being received and no
one wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
First Reading of an Ordinance of the
Council of the City of Bakersfield
adding section 10.32.140 to the
Bakersfield Municipal Code Relating
to Parking of Commercial Vehicles
in Residential Districts.
Upon a motion by Councilmember Peterson, Council will
proceed with adoption of the Ordinance; and consider this first
reading of an Ordinance of the Council of the City of Bakersfield
adding Section 10.32.140 to the Bakersfield Municipal Code
Relating to Parking of Commercial Vehicles in Residential
Districts.
REPORTS
Councilmember Peterson,
Committee, read Report No. 2-89
follows:
Chairperson of the Litigation
regarding Public Hearings as
On January 10, 1989, the Vice Mayor referred
proposed ordinance amending City regulations
governing public hearings to the Litigation
Committee. This Committee reviewed and dis-
cussed the proposed ordinance on February 1,
1989, and April 12, 1989, and recommends the
attached ordinance for adoption by the City
Council.
a
This proposed amendment will cut in half the
present time limits for parties' presentations
at hearings, reducing initial presentations to
15 minutes and summations to 5 minutes. General
Plan Amendments initiated by the City would be
exempted from the time limits specified. It
would also reverse the order of presentations,
Bakersfield, California, April 26, 1989 - Page 6
except on appeals, so that opponents of the
proposed action go first. Finally, the ordinance
provides that the Council shall decide whether
to proceed with or continue any hearings not
commenced prior to 10:00 P.M., and provides that
any hearing not commenced prior to 11:00 P.M.
shall be opened and continued to the next regular
meeting of the Council and considered before
other hearings at such meeting.
The Committee recommends that the Council approve
this report and this ordinance amendment and give
first reading to the ordinance.
Upon a motion by Councilmember Peterson, Litigation
Committee Report No. 2-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Subsection D. of Section
2.04.110 of the Bakersfield Municipal
Code relating to Public Hearings.
Upon a motion by Councilmember Peterson, the recommenda-
tions of Litigation Committee Report No. 2-89 were implemented
and First Reading given to an Ordinance of the Council of the
City of Bakersfield amending Subsection D. of Section 2.04.110 of
the Bakersfield Municipal Code relating to Public Hearings.
Upon a motion by Councilmember Peterson the issue of
Public Statements and the repetition of Public Hearings was
referred to the Litigation Committee.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 19-89 regarding Warner Cable
merger as follows:
On March 15, 1989, the City Council referred
correspondence from Warner Cable Communications,
requesting approval for a merger of Warner
Communications with Time Incorporated, to the
Budget and Finance Committee for review.
The Committee has reviewed this issue with the
City Attorney and determined that action by the
City is neither necessary nor appropriate at
this time. However, to protect the City's position
vis-a-vis the existing franchise, the Committee
recommends that the City Attorney be directed to
send the attached letter to Warner Cable.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 19-89 was accepted.
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 19-89 were
implemented.
CONSENT CALENDAR
The following items were listed on the Consent Calendar:
a. Approval of Warrant Nos. 7777 to 8287 inclusive,
in the amount of $1,428,289.47.
Bakersfield, California, April 26, 1989 Page 7
Communications:
Communication from Simpson-Vancuren, Inc.,
2020 "K" Street, dated April 6, 1989,
requesting an amendment to the General
Plan Land Use Element and concurrent zone
change from General Commercial to Service
Industrial, located at the southeast corner
of Watts Drive and Cottonwood Road.
(RECEIVE AND REFER TO PLANNING COMMISSION)
Communication from SEEZ Corporation, 2000
S. Union, dated April 6, 1989, requesting
reimbursement for expenses incurred in
support of the South East Enterprise Zone.
(RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from Bakersfield Memorial
Hospital, 420 34th Street, dated April 20,
1989, regarding the issuance of hospital
revenue bonds for Bakersfield Memorial
Hospital. (RECEIVE AND REFER TO BUDGET
AND FINANCE COMMITTEE)
Dedication of Properties:
Grant Deed, Irrevocable Offer of Dedication
for street right-of-way and Irrevocable
Offer of Dedication for landscape easement
from River Ranch Estates.
Roadway and Slope Easement from Ruben C.
Bartell.
3. Roadway Easement from Rich & Associates.
Street Right-of-Way Deed from California
Harvest Shops, Inc.
Maps and Improvement Agreements:
1. Agreement Nos. 89-89 and 89-90, River
Ranch Estates for Tract 5035, Unit 1.
Agreement No. 89-91 with Gregory D.
Bynum & Associates, Inc. for Parcel Map
8385.
Notices of Completion and Acceptance of Work
for the following:
Construction of curb and gutter on Hendricks
Lane, Houchin Road, Lacey Street, Oregon
Street, Oscar Avenue, Pacific Street and
Quincy Street, Contract No. 89-5, was
completed on April 11, 1989.
Roof overhang repairs and fire hose rack
attachment replacement at Fire Station No.
7, Contract No. 89-44, was completed on
April 11, 1989.
o
Re-roofing Fire Station Nos. 2 and 7, and
the West Wing of City Hall, Contract No.
88-233, was completed on April 6, 1989.
Bakersfield, California, April
26, 1989 - Page 8
Tract No. 4919, located at or near Oswell
and Dee Dee Streets, Contract No. 88-245,
was completed on April 14, 1989.
Installation of street lights on Camino
Media, Contract No. 87-234, was completed
on April 7, 1989.
f. Contract Change Orders:
Change Order No. 1, Contract No. 89-44
with Fahsbender Enterprises for Fire
Station No. 7 roof overhang repairs.
Change Order No. 1, Contract No. 88-259
with Geosystem Consultants, Inc., for
site assessment of the Homeless Facility
at 1600 Truxtun Avenue and the appropriation
of $7,700.00 from Pennzoil and $5,980.00
from other contribution revenue.
Agreement No. 89-92 with Personnel and
Organization Development Consultants, Inc.,
for Police Lieutenant Recruitment.
Agreement No. 89-93 with County of Kern for
construction of Louise Avenue extension.
Agreement No. 89-94 with Great Western Bank
to perform various services regarding the
City's Deferred Compensation Plan.
j. Full reconveyance for home improvement loan
for Trini Gonzales.
1988 Annual Report from the Fire, Police,
and Miscellaneous Civil Service Boards.
Agreement No. 89-95 Consent to Removal of
Personal Property, Westminster Ceramics, Inc.
Award of Contract No. 89-96 for Beale Avenue
Bridge railing repair to Micon in the amount
of $8,995.00 and reject other bids.
Upon a motion by Councilmember DeMond, Items a, b,
e, f, g, h, i, j, k, 1 and m of the Consent Calendar were
approved by the following roll call vote:
c, d,
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
ACTION ON BIDS
Approval of Agreement No. 89-97, with
A.C. Electric for Traffic Signal System
on Akers Road at Planz Road.
Upon a motion by Councilmember McDermott, the low bid
from A.C. Electric in the amount of $71,609.30 was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the Contract.
Bakersfield, California, April 26, 1989 - Page 9
Approval of Agreement No. 89-98 with
E. & S. Electrical Contractors for
Traffic Signal System on E1 Portal
Drive at Ming Avenue.
Upon a motion by Councilmember Peterson, the low bid
from E. & S. Electrical Contractors in the amount of $71,603.00
was accepted, all other bids were rejected, and the Mayor was
authorized to execute the Contract.
Approval of Annual Contract No. 89-99
with All Pure Chemical Company for
Chlorine Gas for the Wastewater Treatment
Plants.
Upon a motion by Councilmember Peterson, the low bid
from All Pure Chemical Company in the amount of $49,406.60 was
accepted, the other bid was rejected, and the Mayor was author-
ized to execute the Contract.
Approval of Annual Contract No.
with Halprin Supply Company for
Parts for the Fire Department.
89-100
Survivair
Upon a motion by Councilmember DeMond, the bid from
Halprin Supply Company in the amount of $111,740.54 was accepted,
and the Mayor was authorized to execute the Contract.
Approval of Agreement No. 89-101 with
Griffith Company for reconstruction of
the Intersection of 19th Street and
Chester Avenue. (Requires closure of
intersection for three (3) weeks).
Upon a motion by Councilmember Peterson, the low bid
from Griffith Company in the amount of $117,143.00 for the Base
Bid was accepted, the appropriation of $17,143.00 CDDA project
contribution was approved and the Wayor was authorized to execute
the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3217 of the
Council of the City of Bakersfield
amending Subsections B. and C. of Section
5.06.010 and Subsections E. and F. of
Section 17.69.020 of the Bakersfield
Municipal Code relating to Adult Book-
stores.
This Ordinance was given first reading at the meeting of
April 12, 1989, with Urban Development Committee Report No. 6-89.
Upon a motion by Councilmember McDermott, Ordinance No.
3217 of the Council of the City of Bakersfield was adopted as
amended to deal solely with the matter of harmful matter and to
defer any discussion of a definition of adult motion picture
theatre by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Bakersfield, California, April 26, 1989
- Page 10
Adoption of Ordinance No. 3218 of
the Council of the City of Bakersfield
adding Chapter 12.20.035 to the Bakers-
field Municipal Code relating to
Encroachments.
This Ordinance was given first reading at the meeting of
April 12, 1989, with Urban Development Committee Report No. 7-89.
Upon a motion by Councilmember Peterson, Ordinance No.
3218 of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Adoption of Ordinance No. 3219 of the
Council of the City of Bakersfield
adding Section 2.60.060 to the Bakers-
field Municipal Code relating to the
Formation of a Citizen's Parks and
Recreation Committee.
This Ordinance was given first reading at the meeting of
April 12, 1989, with Auditorium and Community Services Committee
Report No. 8-89.
of the
lowing
Upon a motion by Councilmember Smith, Ordinance No. 3219
Council of the City of Bakersfield was adopted by the fol-
roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Adoption of Ordinance No. 3220 of the
Council of the City of Bakersfield
amending Subsection C. of Section
5.18.040, Subsection B. of Section
5.18.050, Sections 5.18.10 and 5.18.170
and repealing Section 5.18.180 of the
Bakersfield Municipal Code relating to
Charitable Solicitations.
This Ordinance was given first reading at the meeting of
April 12, 1989, with Auditorium and Community Services Committee
Report No. 9-89.
Upon a motion by Councilmember Peterson, Ordinance No.
3220 of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, April 26, 1989 Page 11
Adoption of Ordinance No. 3221 of the
Council of the City of Bakersfield
amending Title Seventeen of the Bakers-
field Municipal Code by changing the
Land Use Zoning of those certain pro-
perties in the City of Bakersfield
located on the north side of Hageman
Road between Coffee Road and Patton
Way 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
April 12, 1989.
Upon a motion by Councilmember DeMond, Ordinance No.
3221 of the Council of the City of Bakersfield was adopted and
the Negative Declaration was approved by the following roll call
vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Adoption of Ordinance No. 3222 of the
Council of the City of Bakersfield
amending Title Seventeen of the Bakers-
field Municipal Code by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield located at the
northeast corner of Camino Media and Old
River Road from an A (Agricultural) Zone
to a C-O (Commercial and Professional
Office) Zone.
This Ordinance was given first reading at the meeting of
April 12, 1989.
Upon a motion by Councilmember Peterson, Ordinance No.
3222 of the Council of the City of Bakersfield was adopted and
the Negative Declaration was approved by the following roll call
vote:
Ayes: Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, DeMond, Ratty,
McDermott, Salvaggio
Peterson,
Adoption of Zoning Resolution No. 370
of the Council of the City of Bakers-
field denying the appeal by Ben O.
Millar from the decision of the Board
of Zoning Adjustment denying Conditional
Use Permit No. 4843 to allow six
residential units on one lot and a
modification to eliminate required off-
street parking on that certain property
commonly known as 2702 - 19th Street.
This
following the
1989.
Resolution sets forth the decision of the Council
public hearing on the matter held on March 29,
Bakersfield, California, April
26, 1989 - Page 12
Upon a motion by Councilmember DeMond, Zoning Resolution
No. 370 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: None
Peterson,
Adoption of Zoning Resolution No. 371
of the Council of the City of Bakers-
field granting, in part, the appeal by
Michael Clark from the decision of the
Board of Zoning Adjustment denying a
modification to allow off-street parking
in the front yard setback for a period
of time not to exceed four years on that
certain property commonly known as 4616
Christmas Tree Lane.
This
following the
1989.
Resolution sets forth the decision of the Council
public hearing on the matter held on March 29,
Upon a motion by Councilmember Smith, Zoning Resolution
No. 371 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
NEW BUSINESS
Adoption of Emergency Ordinance No. 3223
of the Council of the City of Bakersfield
requiring a Conditional Use Permit (CUP)
for the establishment or re-establishment
of living or sleeping quarters in the
Redevelopment Project Area.
This emergency Ordinance requires that a Conditional Use
Permit be obtained prior to establishing or re-establishing
living or sleeping quarters in the Redevelopment Project Area
pending future consideration of zoning proposals.
Councilmember Ratty asked staff to review the ordinance
dealing with burned or abandoned buildings in downtown.
Upon a motion by Councilmember DeMond, Emergency
Ordinance No. 3223 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: None
Peterson,
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.04.160 and Sub-
section 18 of the Section 17.58.020;
adding Subsection J. to Section
17.10.020 and adding Chapter 17.67;
and repealing Subsection B.9. of
Section 17.66.020 of the Bakersfield
Municipal Code Relating to Family
Day Care Homes.
Bakersfield, California, April 26, 1989 - Page 13
The current Zoning Ordinance does not make the appropri-
ate distinction between child day care facilities provided for in
the State Health and Safety Code. Proposed amendments would pro-
vide the appropriate definitions and clarify City requirements
with regard to such services.
Adoption of Resolution of Intention No.
1058 of the Council of the City of
Bakersfield declaring its intention to
order the vacation of a portion of the
alley in Block 323, north westerly of
"H" Street and A.T. & S.F. Railroad in
the City of Bakersfield.
This Resolution sets the date of public hearing for Nay
17, 1989.
Upon a motion by Councilmember DeMond, Resolution of
Intention No. 1058 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Approval of Agreement No. 89-102, Amend-
ment to Agreement No. 89-2 with U.S.
Department of Commerce, Economic Develop-
ment Administration (EDA), for Wastewater
Treatment Plant #3 Expansion Grant.
Upon a motion by Councilmember DeMond, Agreement No.
89-102 was approved and the Mayor was authorized to execute the
Agreement.
Approval of Consultant's Agreement
No. 89-103 with John Carollo Engineers
for Wastewater Treatment Plant No.
2 Master Plan for City of Bakersfield.
Upon a motion by Councilmember McDermott, Agreement No.
89-103 was approved and the Mayor was authorized to execute the
Agreement.
Approval of Contract No. 89-104,
Contract Amendment with Hodges &
Shutt, Inc., to perform additional
airport engineering services.
Upon a motion by Councilmember Salvaggio, Contract No.
89-104 was approved and the Mayor was authorized to execute the
Contracf.
Approval of Agreement No. 89-105
with Thorne Environmental Company
for mitigation of soil at the proposed
Homeless Shelter Site at 1600 East
Truxtun Avenue.
Upon a motion by Councilmember Ratty, appropriation of
$156,300.00 Pennzoil contribution revenue to the CDBG budget and
Agreement No. 89-105 were approved and the Mayor was authorized
to execute the Agreement by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: None
Bakersfield, California, April 26, 1989 - Page 14
Amendment No. 2 to Emergency Shelter
Grants (ESG) Program Agreement No.
88-43, with the County of Kern, for
an additional $65,000.00.
Upon a motion by Councilmember DeMond, Amendment No. 2
to Emergency Shelter Grants (ESG) Program Agreement No. 88-43,
with the County of Kern, for an additional $65,000.00 was
referred to the Budget and Finance Committee.
Approval of Appropriation of $100,000.00
for the Civic Auditorium Improvement
Project.
Upon a motion by Councilmember McDermott, the appropri-
ation of $100,000.00 in interest earning on the Certificates of
Participation for the Civic Auditorium Improvement Project was
approved by the following roll call vote:
Ayes: Councilmembers Smith, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Property Ownership Disclosures pursuant
to Section 33130(a) of the Health and
Safety Code.
Disclosure Statements have recently been completed by
the Mayor, Councilmembers, Central District Development Agency
members, Planning Commissioners, Historic Preservation
Commissioners and Staff. Donald Ratty, David Milazzo, James
Marino and Teri Bjorn submitted statements disclosing financial
interests in the Project Area.
Upon a motion by Councilmember Peterson,
Ownership Disclosures pursuant to Section 33130(a)
and Safety Code were received and placed on file.
Property
of the Health
One (1) vacancy on the Historic Preservation
Commission due to the expiration of term by
Dick Foster, term expired March 30, 1989.
(Ward 4)
Upon a motion by Councilmember Ratty, Kevin Rupp was
appointed to the Historic Preservation Commission, term expiring
March .30, 1992.
Approval of Plans and Specifications
for the re-design of the Bakersfield
Homeless Center.
Upon a motion by Councilmember DeMond, Approval of Plans
and Specifications for the re-design of the Bakersfield Homeless
Center was considered as an item that arose after the Agenda was
prepared and requires action at this meeting.
City Manager Hawley provided an update.
Councilmember Salvaggio requested staff prepare a list
delineating what has been spent to date and a breakdown of monies
received from grants, etc. for the full Council.
Upon a motion by Councilmember DeMond, Plans and
Specifications for the re-design of the Bakersfield Homeless
Center was approved by the following roll call vote:
Ayes: Councilmembers
Noes: None
Abstain: None
Absent: None
Smith, DeMond, Ratty,
McDermott, $alvaggio
Peterson,
490
Bakersfield, California, April 26, 1989 - Page 15
COUNCIL STATEMENTS
Council support for Assembly Bill
1242. (Salvaggio)
Councilmember Salvaggio stated that Assembly Bill 1242
addresses minors and videos, specifically the sale and rental of
harmful matter. Councilmember Salvaggio stated that perhaps the
Committee could suggest amendments to the Bill and become a part
of the process.
Councilmember Salvaggio asked that the City Attorney
thoroughly review Assembly Bill 1242 prior to the Committee
meeting.
Upon a motion by Councilmember Salvaggio, Assembly Bill
1242 was referred to the Legislative Committee.
Upon a motion by Councilmember Smith, the issue of when
to hold a special election, if necessary; if it may be held
legally prior to November 7th; and whether to make an interim
appointment, was referred to the Legislative Committee for a
report and recommendation at the May 17th meeting.
Upon a motion by Councilmember Smith, proposed amendment
to the Sign Ordinance, which would allow off-premises monument
signs in certain specified situations, was referred to the
Planning Commission for a report and recommendation.
Upon a motion by Councilmember Smith, the issue of
Farmers Market location was referred to the Auditorium and
Community Services Committee.
the
Upon a motion by Councilmember Smith, the issue of nam-
ing a street Heritage Way and using plaques was referred to the
Urban Development Committee. (Renaming Bernard St. Heritage Way.)
Councilmember Smith asked that staff be available to
meet with residents of Christmas Tree Lane and herself regarding
the denial of a stop sign on that street. She stated she would
coordinate the meeting.
Councilmember Peterson referred the issue of water
safety at Truxtun Lake to the Water Board.
Councilmember Peterson spoke regardinK use of beverages
and food in City parks and referred that issue to Auditorium and
~nd Community Services Committee.
Councilmember Ratty spoke regarding the news release
from City Manager Hawley regarding city use of methanol vehicles
and commended staff for their efforts in securing these vehicles.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 9:35 p.m.
/ ,,
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
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