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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 bz