HomeMy WebLinkAbout05/17/1989 MINUTES CCBakersfield, California, May 17, 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., May 17, 1989.
The meeting was called to order by Mayor Medders.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Medders, Councilmembers DeMond, Ratty, Peterson,
McDermott, Salvaggio
Councilmember Smith
WORKSHOP
VEHICLE TAKE HOME PROGRAM
Chief Lewis made a presentation and explained the fol-
lowing benefits:
Taxpayers benefits
- Cost Savings
- Parking Construction
- Major
- Increased Visibility 8,256
per year or 4 officers
hours
Employee Benefits
- Transportation
- Available Equipment
- Familiarity with Vehicle
- Parking
Management Benefits
- Responsibility/Accountability
- Recruitment Tool
- Flexibility
- Decreased Briefing 4,128 hours
per year or two or more officers
- Parking and Building Space
CLOSED SESSION
Closed Session pursuant to Government
Code Section 54957, regarding Labor
Negotiations with City of Bakersfield's
Chief Negotiator Bill Avery for the
Firefighters and Fire Supervisory Units.
Closed Session pursuant to Government
Code Section 54956.9(b) regarding
Pending Litigation.
Upon a motion by Councilmember Salvaggio, Council
adjourned to the City Manager's Conference Room for Closed
Session at 5:45 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 6:57 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY
CLERK ~nd~ ~lclo Clerk of the
Council of the City of Bakersfield, CA
bz
Bakersfield, California, May 17, 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., May 17, 1989.
The meeting was called to order by Mayor Medders. The
Invocation was provided by Frank Wooden, Pastor, First Assembly
of God Church. The Pledge of Allegiance followed.
City Clerk Williams called the roll as follows:
Present: Mayor Medders, Councilmembers DeMond, Ratty, Peterson
(seated at 7:01 p.m.),
McDermott, Salvaggio
Absent: Councilmember Smith
MINUTES
Upon a motion by Councilmember Salvaggio, Minutes of
Special and Regular Meetings of April 26, 1989, were approved.
the
PRESENTATION
Mayor Medders read and presented a Proclamation to Ed
Schulz, Director of Public Works, City of Bakersfield, proclaim-
ing May 21-27, 1989 as "NATIONAL PUBLIC WORKS WEEK."
PUBLIC STATEMENTS
Mr. Matthew Joseph Gaines, 2727 22rid Street, spoke
regarding skateboarding and asked the Council to support a skate-
board park in Bakersfield. (See Council Statements)
Mr. Rich O'Neil, representing the Kern River Bike Path
Committee and Kern River Bike Way Committee, 6600 Desmond Court,
asked the Council to apply for Transportation Development Act
(TDA) funding to be used to complete the Kern River Bike Path
from Manor Street to Hart Park. Mr. O'Neil submitted a cover
letter and sample petitions to the Council.
Mr. Ron Brummett, Assistant Director, Kern COG, answered
Council questions regarding the Kern River Bike Path.
Councilmember Salvaggio asked that Kern COG review the
funding possibilities for the bike path.
Mr. Peter Brandon, Director of Operations, Golden Empire
Ambulance, 11204 Cave Avenue, read the following letter regarding
upcoming ambulance ordinance and rate fee schedule as follows:
May 17, 1989
Dear Honorable Mayor and Councilmen,
In December 1987, this council mandated an immedi-
ate change in the ambulance dispatching system.
The very next day, a temporary system was estab-
lished which addressed the immediate concerns
voiced by the council until a more complete plan
could be developed. At that time, we identified
several problems with this temporary system, but we
were assured that further meetings were going to be
held and there would be a better system developed.
Bakersfield, California, May 17, 1989 - Page 2
Now, 17 months later, we are still operating under
this "temporary system" and the same problems we
identified in December of 1987 are occurring. This
change in the ambulance dispatching system caused
an immediate financial impact upon the ambulance
providers. Our operating cost during the first
twelve months alone rose over 32%. And during this
same time period, we suffered actual reductions in
financial reimbursement from government programs.
While we believe there needs to be an increase in
the rate schedule for ambulance service, there are
certain issues which need to be identified and
addressed prior to a rate schedule increase. It is
our position, that by simply realigning the
response zone boundaries, both ambulance providers
will be able to provide a better service while
operating in a more cost effective manner. This in
turn would enable both providers to assist our com-
munity by providing a professional prehospital
care system while containing the cost for these
services.
We developed a proposal which identifies the cur-
rent problems in our system and how we can achieve
a better system. We respectfully request this
council to refer this matter to your Budget and
Finance Committee for further discussion and
review. We firmly believe our proposed system will
benefit our community and it is worthy of your time
and consideration.
Respectfully submitted,
Peter W. Brandon
Director of Operations
received
referred
Upon a motion by Councilmember McDermott, correspondence
from Mr. Peter Brandon, Golden Empire Ambulance, was
to the Budget and Finance Committee.
locating
Facility
Mr. William J. Easton, 7604 Calle Corta, spoke regarding
a physical therapy office in the Courthouse Racketball
and thanked the Council for their time.
Mr. Paul Castro, Kern County Housing Authority, 525
Roberts Lane, spoke regarding tax exempt bond issue for first-
time home buyers. Mr. Castro stated that the Housing Authority
would like to request approval to apply for the City's 20 million
allocation from the State and the City update the 1973
Cooperative Agreement to reflect what they are requesting.
Upon a motion by Councilmember McDermott, the request
for Cooperative Agreement update and request for Assignment of
Bond Allocation was referred to the Urban Development Committee.
HEARINGS
This is the time set for a public hearing
regarding amendment to the Land Use Ele-
ment of the Bakersfield Metropolitan Area
General Plan and proposed environmental
documents concerning the following areas:
Bakersfield, California, May 17, 1989 - Page 3
1. SEGMENT I:
JOHN ANTONGIOVANNI requests to amend
the Bakersfield Metropolitan Area
General Plan. The amendment to the
City's General Plan would change Low
Density Residential to Commercial on
13.35 +/-acres and add Low Density and
High Density Residential on 10.90 +/-
and 7.30 +/-acres, respectively, for
that site generally located along the
southwest corner of Stine Road and
Panama Lane. (Ward No. 6)
This hearing has been duly advertised, posted, and the
property owners notified 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.
Adoption of Resolution No. 58-89 of
the Council of the City of Bakersfield
making findings, approving Negative
Declaration and approving Segment I
of proposed amendment to the Land Use
Element of the Bakersfield Metro-
politan Area General Plan (Land Use
Amendment 1-89).
Upon a motion by Councilmember McDermott, Resolution No.
58-89 of the Council of the City of Bakersfield making findings,
adopting the Negative Declaration and approving General Plan
Amendment, Segment I to the Land Use Element was adopted by the
following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
SEGMENT II:
MATRIX LAND DEVELOPMENT requests to
amend the Bakersfield Metropolitan
Area General Plan to change the
General Plan to Commercial Office
and High Density Residential for
a 19.53 acre site located at the
southeast corner of Highway 178 and
Fairfax Road.
This is also the time set for a public
hearing of an appeal by MATRIX LAND
DEVELOPMENT of the Planning Commission's
denial of a zone change from R-1 and
R-2-D to 4.5 acres of C-2, 1.94 acres of
C-O, and 13.01 acres of R-3 at the south-
east corner of Highway 178 and Fairfax
Road.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Correspondence has been received from S.W. Hair
Corporation, dated May 15, 1989, in opposition to the General
Plan Amendment and appeal by Matrix Land Development.
Bakersfield, California, May 17, 1989 Page 4
Mayor Medders declared the hearing open for public
participation.
Ms. Michell LaMoine, Simpson VanCuren Engineering,
representing Matrix, spoke in support of the General Plan
Amendment and outlined the past and present history of the
project.
Mr. Jim Redstone, representative of Matrix, spoke in
support and requested the Council adopt the Negative Declaration
and approve the General Plan Amendment zone change.
Mr. Randy Rudnick, 201 Filbert Street #402, San
Francisco, President, Matrix Land Development, spoke in support
of the General Plan Amendment.
Mr. Allen Kline spoke in opposition of the appeal and
asked the Council to uphold the decision of the Planning
Commission.
Mr. Bruce Bunker, 6509 Ridgeway Court, spoke in opposi-
tion of the application by Matrix, the amendment to the General
Plan and the zone change.
Dr. Tom Armstrong spoke in opposition of the appeal.
Ms. Kathleen Louroth stated they purchased their
home with the understanding that the area across Fairfax would
not change its zoning.
Mr. Randy Rudnick spoke in rebuttal and presented a
compromise if the City is willing to indemnify him against any
damages, claims or liability associated with building R-1
housing. Alternatively, if the City is willing to amend the
noise element he will build R-1 housing. With the current zoning
he cannot build R-1 housing. His compromise would be to drop the
zone change for the commercial office to allow the existing land
that is zoned R-2 to remain R-2 and request the City adopt a com-
promise amendment to the motion and recommend the commercial
zone.
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.
Councilmember McDermott, made a motion to adopt
Resolution No. 59-89 of the Council of the City of Bakersfield
denying the proposed Negative Declaration, and General Plan
Amendment and appeal of denial for Zone Change No. 4829.
A lengthy discussion followed.
Councilmember Peterson made a substitute motion to
adopt the Negative Declaration; deny the General Plan Amendment
and zone change to commercial office at the southeast corner of
Fairfax Road and Valley View Drive; approve the General Plan
Amendment request for high density residential for the site south
of Valley View Drive, including the portion requested for office;
approve the General Plan Amendment to commercial north of Valley
View Drive; deny the zone change to R-3 and C-2; approve a more
restrictive zone change to C-1 on the commercial property and
leave the existing R-2 zone on the remainder of the property.
Councilmember Peterson amended his substitute motion to
adopt the Negative Declaration; deny the General Plan Amendment
and zone change to commercial office at the southeast corner of
Fairfax Road and Valley View Drive; approve the General Plan
Amendment request for medium density residential for the site
south of Valley View Drive including the portion requested for
Bakersfield, California, May 17, 1989 - Page 5
office; approve the General Plan Amendment to commercial north
of Valley View Drive; deny the zone change to R-3 and C-2, but
approve a more restrictive zone change to C-1 on the commercial
property and leave the existing R-2 zone on the remainder of the
property; and put the restrictions that were required on the pre-
vious hearing before the Planning Commission with regards to
traffic lights and other requirements expected of all developers
of property.
Councilmember Peterson further amended his motion to
bring this matter back to the Council with the conditions in
writing so both the Council and the Developer understand what
conditions are.
the
Councilmember Salvaggio made a motion to call for the
question. The motion failed.
Councilmember Peterson's substitute motion to bring
the issue of the written conditions back to the Council failed by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmember Peterson
Councilmembers DeMond, Ratty,
None
Councilmember Smith
McDermott, $alvaggio
Adoption of Resolution No. 59-89 of
the Council of the City of Bakersfield
making findings, denying Negative
Declaration and approving Segment I of
proposed amendment to the Land Use
Element of the Bakersfield Metropolitan
Area General Plan (Land Use Amendment
1-89).
Councilmember McDermott's motion to adopt Resolution No.
59-89 of the Council of the City of Bakersfield denying the pro-
posed Negative Declaration, and General Plan Amendment and appeal
of denial for Zone Change No. 4829 was approved by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
Councilmember Peterson
None
Councilmember Smith
McDermott, Salvaggio
This is the time set for public hearing
before the Council of the City of Bakers-
field on Resolution of Intention No. 1058
declaring its intention to order the
vacation of a portion of the alley in Block
323, northwesterly of "H" Street and A.T.
& S.F. Railroad in the City of Bakersfield.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Correspondence has been received on May 17, 1989, from
California Water Service Company stating their objection to the
vacation of a portion of the alley due to their water facilities.
Mayor Medders declared the hearing open for public
participation.
Mr. Emil Schaub, California Water Service, stated if
there is a 20 foot easement they would not object to the vacation
of the alley in Block 323.
Public Works Director Schulz stated that a 20 foot ease-
ment was being reserved for California Water Service.
Bakersfield, California, May 17, 1989 - Page 6
4a 7
No further 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.
Adoption of Resolution No. 60-89 of
the Council of the City of Bakersfield
ordering the vacation of a portion of
the alley in Block 323, northwesterly
of "H" Street and A.T. & S.F Railroad
in the City of Bakersfield.
Upon a motion by Councilmember DeMond, Resolution No.
60-89 of the Council of the City of Bakersfield ordering the
vacation of a portion of the alley in Block 323, northwesterly of
"H" Street and A.T. & S.F. Railroad was adopted by the following
roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
None
None
Councilmember Smith
Noes:
Abstain:
Absent:
This is the time set for a public hearing
to consider an appeal by JAMES H. CHILDS
to the decision of the Board of Zoning
Adjustment denying a Modification (MOD
#4845) to allow a reduction in front yard
setback from 25 feet to 5 feet to accommodate
"off-street" parking and from 25 feet to 8
feet 10 inches for an existing carport in an
R-2 (Limited Multiple Family Dwelling) Zone.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
James H. Childs requested the Council grant a continu-
ance of this hearing to May 31 or June 14.
Upon a motion by Councilmember DeMond, the public hear-
ing to consider an appeal by James H. Childs was continued to the
meeting of May 31, 1989.
REPORTS
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 20-89 regarding Liability
Claims Settlement Authority as follows:
The Budget and Finance Committee met on April 19,
1989, to discuss settlement of liability claims.
Previously, the staff had requested that the
Council Committee review current practices and if
considered appropriate, amend the Resolution
specifying settlement authority (Resolution No.
47-82).
Government Code Section 935.4 requires Council
approval for settlement of liability claims above
$20,000 but allows the Council to delegate settle-
ment authority below that amount. Currently, the
City Attorney and Risk Management Division settle
claims below $20,000. This proposal will formalize
such practices:
Bakersfield, California, May 17, 1989 - Page 7
LIABILITY CLAIMS
AUTHORITY
A. PRIOR TO SERVICE OF SUMMONS AND COMPLAINT
UP TO $10,000
RISK MANAGEMENT DIVISION
$10,000 TO $20,000
JOINT AUTHORITY BETWEEN RISK
MANAGEMENT AND THE CITY
ATTORNEY'S OFFICE
ABOVE $20,000
COUNCIL APPROVAL NEEDED PER
GOVERNMENT CODE SECTION 935.4
B. AFTER SERVICE OF SUMMONS AND COMPLAINT
UP TO $20,000
CITY ATTORNEY'S OFFICE
ABOVE $20,000
COUNCIL APPROVAL NEEDED PER
GOVERNMENT CODE SECTION 935.4
The Budget and Finance Committee concurs with the
proposal. The Committee requests acceptance of
this report and adoption of the Resolution on
Settlement Authority for Liability Claims.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 20-89 was accepted.
Adoption of Resolution No. 61-89 of
the Council of the City of Bakers-
field regarding Authorizing Settle-
ment of Claims Against the City.
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 20-89 were
implemented and Resolution No. 61-89 of the Council of the City
of Bakersfield was adopted by the following roll call vote:
Ayes: Councilmembers DeMond, Ratty,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Peterson,
McDermott,
Councilmember McDermott read Budget and Finance
Committee Report No. 21-89 regarding Community Development Block
Grant Budget and Application for Fiscal Year 1989-1990 as
follows:
Community Development Block Grant entitlement for
FY 89/90 is $1,261,000. In addition, $325,000 in
program income is available for expenditures in the
upcoming program year. Therefore, the total amount
available for Fiscal Year 89/90 is $1,586,000.
The Budget and Finance Committee has reviewed the
proposed budget summary with staff. This summary
identifies major expenditures for housing, neigh-
borhood revitalization and capital improvements
such as the Bakersfield Senior Center and curb and
gutter projects, as well as other personnel and
operating costs. These expenditures represent on-
going and new commitments to projects that will
benefit low and moderate income neighborhoods.
The Community Development Division received numer-
ous requests for funding. The attached projects
are being recommended for approval and submittal in
the City's 1989/90 Community Development Block
Grant Application.
Bakersfield, California, May 17, 1989 - Page 8
Therefore it is recommended that the 1989/90 pro-
posed budget be approved by the City Council and
that staff be authorized to submit the 1989/90 CDBG
Application to HUD for their approval.
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 21-89 was accepted.
Upon a motion by Councilmember McDermott, the rec-
ommendations of Budget and Finance Committee Report No. 21-89
were implemented by the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 22-89 regarding Bakersfield
Courthouse Racquetball Facility as follows:
The Budget and Finance Committee has reviewed
proposed changes to the existing ground lease
for the Bakersfield Courthouse Racquetball
Facility located in Beach Park. The pro-
posed changes are related to the removal of
the deed restriction by the County which was
previously approved by the Council so a loan
could be obtained to renovate the facility.
The Committee and staff have met several times
with Tim Gannon, the operator of the facility,
to review the requested changes in the lease
and to discuss Mr. Gannon's plans for improve-
ments to the facility. Mr. Gannon would like
to sublease a portion of the building for Sports
Medicine Offices, sell racquetball memberships
and reduce the number of racquetball courts
available to the general public. He feels these
changes to the lease are financially necessary
for him to continue operating the facility.
This Committee has reviewed the proposed lease
with staff and has determined that the pro-
posed changes are consistent with the best
interest of the City in providing a public
recreation facility within Beach Park.
In order to remove the deed restriction, the
County has requested an agreement with the
City under which the City commits to using
all revenue obtained by the City from the
Courthouse lease for operating, maintaining
or improving the remainder of Beach Park for
public recreation purposes. Staff is pre-
paring such an agreement and will bring it
to the Council for approval.
Therefore, this Committee recommends the
changes to the Ground Lease be approved, and
that once the County has approved the agree-
ment which will remove the deed restrictions
and co--it the City to using the revenues from
the lease for Beach Park purposes and has
executed the revised deed, and such deed has
been recorded, the Mayor be authorized to
execute the agreement that amends Agreement
No. 76-110.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 22-89 was accepted.
Bakersfield, California, May 17, 1989 - Page 9
Agreement No. 89-108, Amendment to
Ground Lease Agreement No. 76-110, with
the City and the Bakersfield Courthouse
Racquetball/Handball Courts, (formerly
William F. Burke, Dennis Kuttler, and
Richard H. Beguelin).
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 22-89 were
implemented, Agreement No. 89-108 was approved and the Mayor was
authorized to execute the Agreement.
Councilmember McDermott read Budget and Finance
Committee Report No. 23-89 regarding the appropriation of
for the Homeless Facility as follows:
funds
On March 19, 1989, the City Council approved the
implementation of the completion of the homeless
facility located at 1600 East Truxtun. At that
time, $100,000 of CDBG funds was appropriated for
completion of this project. In that same report,
various funding sources were identified from the
Stewart B. McKinney program funds from the County
of Kern, Bethany Service Center and the State of
California.
To utilize the grants and other revenues we have
received in Fiscal Year 1988-89, we must do the
following:
1)
Amend Agreement 88-43 with Kern County to
increase the project funding to a total of
$148,000.
2)
Enter into an agreement with Bethany Service
Center to utilize grant funds for construction
of the homeless facility.
Appropriate grants and revenues from the fol-
lowing sources to the Community Development
Budget:
Fund Source Amount
County Emergency Shelter Grant Funds
Bethany Service Center Emergency Shelter
Program Funds
State of California Emergency Shelter
Program Funds
Cash Donations received from community
$ 83,000
$ 91,962
$ 39,038
$ 10,000
$224,000
Therefore, it is recommended that the Report be
accepted and that the Mayor be authorized to exe-
cute the agreements with Kern County and Bethany
Service Center and authorize the appropriation of
$224,000 of grant funds and other revenues to the
Community Development Budget.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 23-89 was accepted.
Approval of Agreement No. 89-109,
Amendment to Agreement No. 88-43,
with the County of Kern for
Emergency Shelter Grant Program
Funds.
Bakersfield, California, May 17, 1989
Page 10
50i
Approval of Agreement No. 89-110
with Bethany Service Center for
Emergency Shelter Grant Program
Funds.
Upon a motion by Councilmember McDermott, the recommen-
dations of Budget and Finance Committee Report No. 23-89 were
implemented, Agreement Nos. 89-109 and 89-110 were approved and
the Mayor was authorized to execute the agreements and appropri-
ate the following funding sources:
1. County Emergency Shelter Grant in the amount
of $83,000.
Bethany Service Center Emergency Shelter Grant
in the amount of $91,962.
State Emergency Shelter Grant Program in the
amount of $39,038.
4. Other contribution revenue totaling $10,000.
The motion was approved by the following roll call vote:
Ayes: Councilmembers DeMond, Ratty,
$alvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Peterson,
McDermott,
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 24-89 regarding Sale of City
Fire Station at Brundage Lane as follows:
The Budget and Finance Committee has met to discuss
the sale of the City fire station located at 790
East Brundage Lane. This station had been vacated
several years ago due to the building condition and
a site that is no longer central to the response
district.
In accordance with Committee Report No. 22-88
directing the negotiated sale of the Brundage Lane
station and the fire station at 4th and "L" Streets,
the staff advertised for bids on December 28, 1988.
At that time, the City received only one bid for
the Brundage Lane station which was subsequently
switched to the 4th and "L" Streets station. The
City has now received a bid of $56,200 from Mr.
Freddie L. Thomas for the Brundage Lane station. A
security deposit of $1,000 has been received. The
Committee reviewed the $56,200 bid and compared it
to the former $70,000 bid and a 1985 property
appraisal which was double the bid price. Therefore,
the Budget and Finance Committee recommends that
the bid from Mr. Freddie L. Thomas be rejected and
that the property remain on the market until an
acceptable bid is received.
The Budget and Finance Committee requests Council
acceptance of this report and approval of its
recommendations.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 24-89 was accepted.
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 24-89 were
implemented.
Bakersfield, California, May 17, 1989 - Page 11
Councilmember McDermott read Budget and Finance
Committee Report No. 25-89 regarding Bakersfield Memorial
Hospital - Hospital Revenue Bonds as follows:
On April 26, 1989, the Council referred correspond-
ence from Bakersfield Memorial Hospital requesting
assistance in issuing tax-exempt bonds on behalf of
Bakersfield Memorial Hospital to the Budget and
Finance Committee for review.
In 1984, the City issued $35 million in Bakersfield
Memorial Hospital tax-exempt revenue bonds. The
proceeds of that variable rate financing were used
to construct the Hospital's new patient tower. The
1984 bond documents contained provisions to convert
the debt to a fixed rate.
Because of favorable long-term rates, the Hospital
desires, at this time, to convert to a fixed rate.
In addition, the Hospital would like to issue an
additional $20 million in new fixed-rate bonds. The
purpose of this new money issue would be to reim-
burse the Hospital for certain completion costs of
the tower project and to pay for additional reno-
vation projects. It should be noted that since the
bonds are revenue bonds payable only from the
Hospital's revenues, the City incurs no liability
from acting as a conduit in this transaction.
Because current financial markets are very favor-
able, and the Hospital would like to act on this
matter in a timely manner, the City has noticed a
hearing for May 31, 1989. This hearing is contin-
gent upon confirmation by the Council that we
proceed with the proposed issuance of the Hospital
Revenue Bonds. As in the past, the City will
receive a fee of four-tenths of one percent (4/10
of 1%) of the new bonds for Industrial Development
purposes.
Therefore, the Committee recommends that the
Council authorize the conversion of $35 million
in Bakersfield Memorial Hospital tax-exempt
revenue bonds to a fixed rate, approve the issuance
of an additional $20 million in new fixed rate
bonds, and confirm the May 31, 1989 hearing date.
Upon a motion by Councilmember McDermott, Budget and
Finance Committee Report No. 25-89 was accepted with the
following amendment:
Therefore, the Committee recommends that the Council
authorize the conversion of $35 million in Bakers-
field Memorial Hospital tax-exempt revenue bonds to
a fixed rate, confirm the May 31, 1989 hearing date
for the purposes of reviewing the issuance of an
additional $20 million in new fixed-rate bonds.
Upon a motion by Councilmember McDermott, the recommen-
dations of Budget and Finance Committee Report No. 25-89 were
implemented as amended.
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 26-89 regarding proposed
Ordinance amending Bakersfield Municipal Code Section 3.70.040
(schedule of fees and service charges) amending Service Center
S-73 Sanitary Sewer Service and adding Service Center S-6.1
Reinspection of Municipal Code Violations as follows:
Bakersfield, California, May 17, 1989
Page 12
The Vice Mayor referred a proposed Ordinance
amending section 3.70.040 of the Municipal Code,
relating to the Cost/Service Centers for recovery
of costs relating to Municipal Code enforcement
reinspections and sanitary sewer services to the
Budget and Finance Committee for review.
The Committee has reviewed the proposed Ordinance
which amends Section 14.12.380 of the Municipal
Code, amends service center S-73 Sanitary Sewer
Service and adds service center S-6.1 Reinspection
of Municipal Code Violations.
Sanitary Sewer Service was originally deleted from
the revenue/cost comparison system since it was
believed that the fees for that service were required
to be passed by Ordinance passed by a two-thirds vote
of the Council. However, the City Attorney has
determined, based on a review of several cases, that
since we are a Charter City this does not apply. We
can now include Sanitary Sewer Service fees in the
revenue/cost comparison system to conform with the
rest of services the City provides. The Committee
also requested a clarification of the basis for
determining fixed asset replacement costs. A
footnote has been included in the proposed Ordinance
indicating that all fixed asset replacement costs
are established on an historical basis.
The additional Service Center for Reinspection of
Municipal Code Violations is required to recover
the costs associated with reinspections by City
personnel for Municipal Code violations, primarily
in the Building and Planning Departments. These
reinspections would occur as part of the enforcement
of various Codes relating to abandoned vehicles,
litter, substandard housing and property maintenance.
During our review of the proposed Ordinance, staff
indicated that since the phased implementation of
the service centers was complete, it would be
appropriate to review all service centers. Further,
some service centers were not being implemented due
to various reasons, such as the need to form main-
tenance or assessment districts, etc. Therefore, we
have requested that staff prepare a report of these
service centers for the Committee to review and
make recommendations.
After review of the Ordinance and 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. 26-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.70.040, and
repealing Section 4.12.380 of the
Bakersfield Municipal Code relating
to the Cost/Service Centers for Recovery
of Costs relating to Municipal Code
Enforcement Reinspections and Sanitary
Sewer Services.
Bakersfield, California, May 17, 1989
Page 13
Upon a motion by Councilmember Ratty, the recommenda-
tions of Budget and Finance Committee Report No. 26-89 were
implemented and First Reading given to an Ordinance of the
Council of the City of Bakersfield amending Section 3.70.040, and
repealing Section 4.12.380 of the Bakersfield Municipal Code
relating to the Cost/Service Centers for Recovery of Costs relat-
ing to Municipal Code Enforcement Reinspections and Sanitary
Sewer Services.
Councilmember DeMond, Chairperson of the Legislative
Committee, read Report No. 3-89 regarding Request for Changes in
Council Order of Business as follows:
On April 19, 1989, the Vice Mayor referred to the
Legislative Committee a request from staff to have
approval of minutes of Council meetings placed under
the consent calendar section of the Council agenda.
It was felt that the consent calendar would be the
most appropriate location for the minutes.
The members of the Committee have discussed the
issue and feel that locating the consent calendar
immediately following public statements would have
streamlining advantages. It will allow the minutes
of the previous meeting to be approved before new
business is conducted and, more importantly, it will
allow persons attending the Council meeting for
consent calendar items to have their business
speedily concluded.
The Legislative Committee recommends the City
Council accept this report, implement its
recommendations, and adopt the ordinance to reflect
these changes.
Upon a motion by Councilmember DeMond, Legislative
Committee Report No. 3-89 was accepted.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 2.04.070 of the Bakers-
field Municipal Code relating to Council
Order of Business.
Upon a motion by Councilmember DeMond, the recommenda-
tion of Legislative Committee Report No. 3-89 were implemented
and First Reading given to an Ordinance of the Council of the
City of Bakersfield amending Section 2.04.070 of the Bakersfield
Municipal Code relating to Council Order of Business.
Councilmember DeMond, Chairperson of the Legislative
Committee, read Report No. 4-89 regarding Special
Election/Interim Appointment Issues for Ward 1 as follows:
At its meeting of April 26, 1989, the City Council
referred to the Legislative Committee the issues
of when to hold the Special Election for Ward 1 and
whether to make an interim appointment, with a report
back to Council by May 17. The Legislative Committee
has met to discuss the issues and receive input from
community representatives.
1)
Based on the City Attorney's opinion, the City
must hold the Special Election for Ward 1 at
the same time as the General Election on
November 7, 1989. This legal interpretation
is based on the City Charter, the State Govern-
ment Code, and the City's Municipal Code. The
Committee recommends that when applicants file
Bakersfield, California, May 17, 1989 Page 14
for Special Election candidacy, the City Clerk
provide them with written information that the
Special Election and the General Election will
be held the same day and that the winner of
the Special Election, after being sworn in,
will only serve until the General Election
winner is sworn in that same evening.
2)
It is the Legislative Committee's unanimous
feeling that it is in the best interests of
the citizens of Ward 1 and of the City that
the City Council make an interim appointment
to fill the vacant seat. Leaving the seat
vacant for six months until the Special
Election would be detrimental to Ward 1, which
would be without representation during upcoming
budget and 2010 General Plan hearings. The
appointee must be a resident and registered
voter of Ward 1.
An issue critical to members of the Committee was
whether applicants for the interim appointment
should or should not be persons who have committed
not to run for the Ward 1 Council seat at the
November 7 General Election. Concerns focused on
whether a temporary appointee would have an unfair
advantage over other candidates at the November
General Election, whether the Council should appoint
someone who had expressed an interest in running for
the election, and whether a qualified candidate
should be excluded from consideration for wishing to
run for the election while willing to serve in the
interim position.
Members of the Committee agree that the best
interests of the Ward may be served by having the
appointee serve only as an individual who is willing
to commit publicly to not running for the Ward 1
seat at the November General Election. Committee
members differ as to whether or not interim appointee
applicants who state they are planning to run for
office in the November election should be eliminated
from consideration. Committee member Salvaggio
feels strongly that interim appointment applicants
who intend to run in the November General Election
should be automatically eliminated from consideration
for interim appointment. Committee member McDermott
and Committee chair DeMond feel that each Councilmember
should decide individually whether running for office
in November disqualifies the applicant. This concern
should be noted by the full Council when making its
decision on an interim appointment.
The Legislative Committee believes that the process
should be public and therefore further recommends
that the City Council publicly announce it proposes
to appoint an interim Councilperson for Ward 1 from
applications accepted from Ward 1 residents.
Applicants will be required to fill out a form,
Application for Interim Council Appointment, which
will be available from the City Clerk's Office
beginning May 18 (Exhibit "A"). The form must be
filled out and returned to the City Clerk's Office
no later than 5:00 p.m., Thursday, May 25, to be
considered for the appointment. Applicants will be
expected to make an oral presentation not to exceed
three minutes at the May 31 meeting as part of their
application. Prior to applicant presentations, the
Mayor will ask each candidate if he/she plans to run
for the Ward 1 Council seat in November.
Bakersfield, California, May 17, 1989 - Page 15
The Committee recommends that the City Council early
on the agenda review all applications for interim
appointment and make their decision at the May 31
meeting, which is the Charter deadline for making
such an appointment. Upon Council appointment, the
appointee will be sworn in and take the Ward 1 Council
seat, which will remain his/hers until the results of
the Special Election/General Election are certified
on November 29.
The Legislative Committee recommends that Council
accept this report and implement its recommendations
immediately.
Upon a motion by Councilmember DeMond, Legislative
Committee Report No. 4-89 was accepted as amended.
Councilmember DeMond stated that the written portion of
the application for interim council appointment must be received
by the City Clerk's Office no later than 5:00 p.m., Thursday, May
25, 1989, for an applicant to be considered for appointment.
Public Statements regarding the First Ward interim
appointment were heard at this time.
Mr. Philip Foley, Chairman of Democratic Central
Committee, 3419 Kaibab Avenue spoke regarding a resolution con-
cerning election or appointment in Ward 1. He stated that their
position is in support of an immediate Special Election for City
Councilperson.
Ms. Jan VanHook, 2800 "K" Street, representing Friends
and Voters of the First Ward, spoke regarding the issue, "Can the
Council appoint an interim after a valid petition seeking a Spe-
cial Election has been filed? If so, when must this interim
appointment of the Council be made?"
Upon a motion by Councilmember Salvaggio, Ms. Jan
VanHook was allowed an additional three minutes to speak.
Mr. Tim Chandler, 2800 "K"
cial Election/Interim Appointment."
should look beyond the City Charter
date for setting a Special Election.
Street, spoke regarding "Spe-
He stated that the Council
because there is no specific
Mr. Vernon Strong, 301 11th Street, spoke regarding Ward
1. He stated he has contacted residents of Ward 1 and each resi-
dent he contacted signed his petition in support of appointing a
representative as soon as possible. He asked the Council to accept
and implement the recommendations of the Legislative Committee
Report as soon as possible.
Mr. Lynn Edwards, 531 9th Street, asked the Council to
support the recommendation of the Legislative Committee Report
and submitted petitions requesting an appointment be made for
the First Ward until the election in November.
Ms. Earnestine Harper, 527 T Street, read a prepared
statement for the record as follows:
When it became apparent that the trumpt up charges
leveled against Councilman James Childs, Councilman
for Ward One. The disgraceful fiasco called a
fair trial, his conviction and sentencing would
probably result in his removal from the Council
seat. Voters of Ward One went to City Officials
in good faith seeking ways in which we may legally
have a part in filling the vacancy if such occurred,
and it did. Although, wrongfully done, Councilman
Childs vacated his seat on the Council as a result
Bakersfield, California, May 17, 1989
Page 16
of the wrongful charges brought against him,
wrongful conviction and wrongful sentencing.
messy step of his case was wrong.
Every
The people are calling for an investigation into
this case and others like it, and many other wrongful
uses of the peoples court system parading under
the guise of law and order. The people are calling
on the Attorney General in this state and have the
good intention of going all the way up through the
chain of command to the President of the United
States, if need be.
When we went to the City Officials we were told
that we had an option to call for a special election
if we could meet all requirements and deadlines in
order to have an election by August 15th or the City
Council could appoint an interim Councilman for the
remaining time before the General Election. Voters
opted to call for a special election saying so in
a public meeting at 530 4th Street that we could
and would meet all requirements set forth in the
City Charter and did, indeed meet those requirements
for the special election.
The voters took 110 petitions, a total of 1,025
signatures of people who wanted a special election
to the City Clerk's Office to be counted. To our
astonishment the City Clerk, Carol Williams, informed
us that we had an option--we no longer had an option
for a special election in August. She said that the
special election would be consolidated with the
general election. We went to the City Attorney's
Office and spoke with the City Attorney, Art Saalfield,
inquiring of him as to the meaning of such a state-
ment coming from the City Clerk. We received no
satisfactory answers from him. He said that what we
were told was probably true, but he would give us
his answer tomorrow after he studied a state code.
We asked for the code and was given a code that did
not refer to the information we sought.
What is being done is unconstitutional in trying to
deny us our constitutional right to vote for ourselves
some of us know how important the vote is and what
it means because we were denied the right to vote
for so long because we were told we were one/fifth
human beings and doesn't have any rights. They are
still saying that we don't count and don't have any
rights.
One thousand twenty-five petitioners don't count
they're saying not what they want counts. Only
what the City officials want. They say we will
vote for you and will appoint an interim councilman
of our choice not yours. The bottom line is it
has always been about who they want to put in the
vacated council seat during the interim period and
in the November General Election.
As well, in their eyes we are just a bunch of low
class, low income low grade, that have never
counted and they do their best to keep us in that
low bracket. Forcing us out of the competitive
high paying jobs and business market. Wake up
Bakersfield, it matters not what is said or done
here tonight, or any other time, not what is said in
a very bias newspaper, TV station which tell only
one side of the story. Nothing is going to stop
our program. We the people have begun a process
Bakersfield, California, May 17, 1989 - Page 17
to turn this city upside down and sweep it clean
of those who want to live and pursue happiness but
don't want others to have that same right. Many
people are hurting in Bakersfield and they are
crying because of repression, harassment, threats
forced off of their jobs, forced out of the
city and many other injustices. But, as long as
one person is hurting and crying, I am hurting
and crying too, and with the help of almighty
God and along with other people those others who
are hurting also, we will no longer be silent
and allow evil to rule the day. If it means
recalling some officials, then so be it. We are
asking the City Council along with other city
officials to give an accounting to the people
of rumored bad management, managing practices
of bad deals resulting in millions of dollars of
loss to the city. We are prepared to go to
court if need be. Since we are all interested
in saving money for the city, all people count,
and we the people will prove it to the whole
world.
Ms. Sharon Owens stated that she did lead the petition
drive for Ward One Special Election. Mixed signals have been
forwarded to the City of Bakersfield and there is a power strug-
gle in Ward One. They don't want to split up the Ward
politically. They want to move forward and clean up the
neighborhood. She asked the Council to accept their legal posi-
tion and accept the fact that the Council has the discretion to
hold a Special Election in August. She feels that the will of
the people should be implemented and they do not need appointed
leaders.
Hal Aaron,
the First Ward that
seat and stated his
Council.
So. Oleander, feels that there are people
are capable of filling the vacant council
support for an interim appointment by the
Mr. Wesley Crawford, 410 Donna, stated that there are
constitutional laws that govern everything else. Why can't it
govern Kern County and Bakersfield.
Mr. A.J. Morales, 2624 Earlene Avenue, Ward 7, stated
that he supports the Friends and Voters of Ward One. He doesn't
want to have to go back in history by not being given the right
to vote. He feels the residents in Ward One acted in good faith
when petitioning for a Special Election. He asked the Council to
listen to the voices of the First Ward.
Mr. Marvin Dean stated that the
representation by the Council as a whole.
a Special Election for Ward One.
First Ward has council
He spoke in support of
Upon a motion by Councilmember DeMond, the recommenda-
tions of Legislative Committee Report No. 4-89 were implemented.
The
a.
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Approval of Warrant Nos. 8288 to 8936 inclusive,
in the amount of $2,805,820.10.
Bakersfield, California, May 17, 1989 - Page 18
503
Communications:
2 o
o
o
Communication from Bryan Batey, Batey
Development, Inc., dated April 7, 1989,
requesting an amendment to the Rancho
Laborde Specific Plan. (RECEIVE AND
REFER TO PLANNING COMMISSION)
10.
Communication from Donna Warneke, Vice
Principal, Longfellow School, 12 Lincoln
Street, dated April 27, 1989, requesting
a feasibility study to make Stockton
Street between Bernard and Lincoln Street,
a one-way street. (RECEIVE AND REFER
TO PUBLIC WORKS TRAFFIC DIVISION)
Communication from Greg Collins, Mayor,
City of Visalia, dated April 27, 1989,
regarding San Joaquin Valley Air Quality
Study and request for financial assistance.
(RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from Dennis Needham, City
Fire Chief, dated May 3, 1989, regarding
community-wide disaster planning session
held on April 19, 1989. (RECEIVE AND
REFER TO INTERGOVERNMENTAL RELATIONS
COMMITTEE)
Communication from Marvin Dean, First Ward
resident, received May 9, 1989, withdrawing
his name for consideration as an interim
appointment to Ward 1 and requesting Council
schedule a Special Election at the earliest
possible date. (RECEIVE AND REFER TO
LEGISLATIVE COMMITTEE)
Conununication from Barton Meays, Kern
Council of Governments, dated April 25,
1989, regarding Environmental Impact
Report for Intermodal Transportation
Terminal Project. (RECEIVE AND REFER
TO URBAN DEVELOPMENT COMMITTEE)
Communication from the Greater Bakersfield
Convention and Visitors Bureau regarding
Amendment to Agreement No. 88-235 relative
to the Visitor Center. (RECEIVE AND REFER
TO BUDGET AND FINANCE COMMITTEE)
Communication from the Greater Bakersfield
Convention and Visitors Bureau regarding
renewal of Agreement No. 88-225 with the
City. (RECEIVE AND REFER TO BUDGET AND
FINANCE COMMITTEE)
Communication from the Downtown Business
Association regarding proposed 1989-90
Downtown Improvement District Budget.
(RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE)
Communication from Hall Ambulance Service,
1001 21st Street, dated May 9, 1989,
requesting review of ambulance rates.
(RECEIVE AND REFER TO BUDGET AND FINANCE
COMMITTEE)
Bakersfield, California, May 17, 1989 - Page 19
c. Dedication of Properties:
Individual Grant Deed, Grant of Easement
(Sewer Pipeline), Grant of Easement
(Drainage Facilities) and Street Right
of Way Deed from Eugene Nalbandian,
Berge Kirkorian and Jessie Kirkorian.
Public Utility Easement from East Hills
Annex to the City and Quitclaim Deed
from the City to East Hills Annex.
Maps and Improvement Agreements:
Agreement No. 89-111 with California
Harvest Shops, Inc., for Tract 5041 for
70 lots on 22.51 acres located at the
northeast corner of Pin Oak Park Boulevard
and South Laurelglen Boulevard.
Agreement No. 89-112, Tract 4859, Phase
I and Phase II for 95 lots on 15.109
acres located east of Miramonte Drive
and south of Highway 178.
Notices of Completion and Acceptance of Work
for the following:
Concrete block pumphouse for Laborde
Water Well No. L201, Contract No. 88-255,
was completed on April 20, 1989.
Tract No.
No. 88-15,
1989.
4578 - Units C & D, Contract
was completed on April 19,
Traffic signal on District Boulevard at
Stine Road, Contract No. 88-273, was
completed on May 3, 1989.
Approval of Plans and Specifications for:
1. Clarifiers scum box modification of
Wastewater Treatment Plant No. 2.
West Storage Reservoirs levee repair of
Wastewater Treatment Plant No. 2.
Monitor Park irrigation system, security
lighting system and storm drain extension.
Contract Change Orders:
Change Order No. 1, Contract No. 88-134,
with Drainage Construction Company for
construction of sewer Assessment District
87-3.
Change Order No. 1, Contract No. 89-4,
with Griffith Construction Company for
construction of traffic signal system on
Ming Avenue at Valhalla Drive and median
modifications on Ming Avenue.
Change Order No. 1, Contract No. 89-55,
with Gilliam and Sons for removal and
disposal of sludge in Aerated Lagoon No.
1 at Wastewater Treatment Plant No. 2.
Bakersfield, California, May 17, 1989 - Page 20
h. Requests for Extensions of Time from:
Oceanic Communities, Inc., to extend the
completion date for Improvement Agreement
No. 87-84 to April 22, 1990.
ATC Realty Five, Inc., to extend the
completion date for Improvement Agreement
No. 88-148 to June 1, 1990.
Homestead Land Development Corporation to
extend Improvement Agreement Nos. 85-53
and 87-68 for Tracts 4734, Units 3 and 4
to April 10, 1990.
Agreement No. 89-113, Acceptance of Conveyance
of water wells and related facilities located
in the City's "2,800 Acres" from Olcese Water
District.
Agreement No. 89-114, request from the Hahn
Company for release from Declaration of
Restrictions for eastern portion of the East
Hills Mall project.
k. Contract No. 89-115 with Musicians Union, Local
#263, for Summer Band Concert Series.
Award Contract No. 89-116 for removing and
disposing of contaminated soil on the
extension of Louise Avenue between Elliott
Street and Union Avenue to MP Vacuum Truck
Service in the amount of $23,315.00, reject
other bid, and authorize the Mayor to execute
the Contract.
Agreement No. 89-117, Amendment to Agreement
No. 85-229, for Metro Bakersfield Intermodal
Transit Study with Kern COG and Parsons,
Brinkerhoff, Quade and Douglas.
Upon a motion by Councilmember Salvaggio, Items a, b,
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 DeMond, Ratty, Peterson, McDermott,
Salvaggio
None
None
Councilmember Smith
Noes:
Abstain:
Absent:
Cf
ACTION ON BIDS
Diesel powered motor grader (replacement)
for Public Works.
Upon
the amount of
the other bid
a motion by Councilmember Ratty, the low bid in
$56,455.60, from Sullair Pacific was accepted and
rejected.
Approval of Agreement No. 89-118 with
S.A. Camp Pump Co. for drilling, casing
and pump testing Pump Plant No. 25.
Upon a motion by Councilmember DeMond, the low bid from
S.A. Camp Pump Co. in the amount of $76,750.00 was accepted, the
other bid rejected and the Mayor was authorized to execute the
Contract.
512
Bakersfield, California, May 17, 1989 - Page 21
Adoption of Resolution No. 62-89 of the
Council of the City of Bakersfield
determining that certain replacement Civic
Auditorium seat covers can be reasonably
obtained from only one vendor, American
Seating, and authorizing the Finance Director
to dispense with bidding therefor, not to
exceed $25,000.00.
Upon a motion by Councilmember Peterson, Resolution No.
62-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
Salvaggio
None
None
Councilmember Smith
Peterson,
McDermott,
Award of Contract No. 89-119 with
Griffith Construction Company for
construction of Madison Street -
Brook Street to White Lane.
Upon a motion by Councilmember Ratty, the low bid for
the Base Bid from Griffith Construction Company in the amount of
$170,200.00 was accepted, all other bids were rejected, and the
Mayor was authorized to execute the Contract.
DEFERRED BUSINESS
Zoning Resolution No. 372 of the Council
of the City of Bakersfield granting, with
condition, the appeal by Jack Clare from
the decision of the Board of Zoning Adjust-
ment denying a Conditional Use Permit to
allow an antique shop and a modification
to permit parking to encroach into the
five-foot front yard setback in a C-O
(Commercial and Professional Office) Zone
on that certain property commonly known as
1106 "H" Street.
This Resolution sets forth the decision of the Council
following the Public Hearing on April 12, 1989.
Upon a motion by Councilmember McDermott, Zoning
Resolution No. 372 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
$alvaggio
None
None
Councilmember Smith
Peterson,
McDermott,
Adoption of Ordinance No. 3224 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.
This Ordinance was given first reading at the meeting of
April 26, 1989, with Litigation Committee Report No. 2-89.
Bakersfield, California, May 17, 1989 - Page 22
Upon a motion by Councilmember Peterson, Ordinance No.
3224 of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
Councilmember Salvaggio
None
Councilmember Smith
Peterson,
McDermott,
Adoption of Ordinance 3225 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 Ordinance was given first reading at the meeting of
April 26, 1989.
Upon a motion by Councilmember McDermott, Ordinance No.
3225 of the Council of the City of Bakersfield was adopted by the
following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Adoption of Ordinance No. 3226 of the
Council of the City of Bakersfield
amending Section 17.04.160 and Sub-
section 18 of 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.
This Ordinance was given first reading at the meeting of
April 26, 1989.
Upon a motion by Councilmember DeMond, Ordinance No.
3226 of the Council of the City of Bakersfield was adopted by
following roll call vote:
the
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
$alvaggio
None
None
Councilmember Smith
Peterson,
McDermott,
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal
Code of the City of Bakersfield re-
garding prezoning of property known
as the Stine No. 6 Annexation (WARD
6).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones the Stine No. 6 Annexation to C-2
(Commercial) Zone, R-1 CH (One Family Dwelling, Church) Zone and
R-3 (Limited Multiple Family) Zone on approximately 13.35 acres,
18.12 acres and 7.26 acres, respectively.
Bakersfield, California, May 17, 1989 - Page 23
Adoption of Resolution No. 63-89 of
the Council of the City of Bakers-
field providing for the adjustment of
property tax revenues upon local agency
jurisdictional change resulting from
Annexation No. 333, LAFCO Proceeding
No. 1002, Ashe No. 1 (Ward 6).
Upon a motion by Councilmember McDermott, Resolution No.
63-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Adoption of Resolution No. 64-89 of
the Council of the City of Bakers-
field providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 331, LAFCO Pro-
ceeding No. 1000, Allen No. 1 (Ward 4).
Upon a motion by Councilmember Ratty, Resolution No.
64-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Adoption of Resolution No. 65-89 of
the Council of the City of Bakers-
field providing for the adjustment
of property tax revenues upon local
agency jurisdictional change resulting
from Annexation No. 332, LAFCO Pro-
ceeding No. 1001, Stine No. 5 (Ward 6).
Upon a motion by Councilmember McDermott, Resolution No.
65-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
Salvaggio
None
None
Councilmember Smith
Peterson, McDermott,
Adoption of Resolution No. 66-89 of
the Council of the City of Bakers-
field amending Resolution No. 15-84
to authorize Planning Commission
hearings to consider the Metropolitan
Bakersfield 2010 General Plan to
begin in May.
Upon a motion by Councilmember Peterson, Resolution No.
66-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Ratty,
Salvaggio
None
None
Councilmember Smith
Peterson,
McDermott,
Bakersfield, California, May 17, 1989 - Page 24
Adoption of Resolution No. 67-89 of
the Council of the City of Bakersfield
adopting the Ashe Road Planned Bridge
and Major Thoroughfare Area and making
findings relative thereto.
Upon a motion by Councilmember McDermott, Resolution No.
67-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
None
None
Councilmember Smith
Noes:
Abstain:
Absent:
Adoption of Resolution No. 68-89 of
the Council of the City of Bakersfield
approving the filing of applications
for grant funds from the Robertiz'Berg-
Harris Urban Open Space Program for the
acquisition of park properties on Monitor
Street and the improvement of facilities
in various city parks.
Upon a motion by Councilmember Salvaggio, Resolution No.
68-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Smith
Receipt of Certificate of Sufficiency-
Petitions for a Special Election for the
First Ward.
Upon
Sufficiency -
were received
a motion by Councilmember Salvaggio, Certificate of
Petitions for a Special Election for the First Ward
and placed on file.
Adoption of Resolution No. 69-89 of
the Council of the City of Bakersfield
calling a Special Municipal Election
for the purpose of filling a vacancy on
the Council for the unexpired term in
Ward 1, calling the General Municipal
Elections for Wards 1, 3, 4 and 7, and
requesting the Board of Supervisors of
the County of Kern to order the con-
solidation of the Special Municipal
Election and General Municipal Election
with the State of California General
Election to be held Tuesday, November 7,
1989.
Upon a motion by Councilmember DeMond, Resolution No.
69-89 of the Council of the City of Bakersfield was adopted by
the following roll call vote:
Ayes: Councilmembers DeMond, Ratty, Peterson, McDermott,
$alvaggio
None
None
Councilmember Smith
Noes:
Abstain:
Absent:
Bakersfield, California, May 17, 1989 - Page 25
Approval of Agreement No. 89-120 with
Hodges & Shutt, Aviation Planning
Services for engineering design on the
Bakersfield Municipal Airport.
Upon a motion by Councilmember Salvaggio, Agreement No.
89-120 was approved and the Mayor was authorized to execute the
agreement.
Public-Private Cooperative Agree-
ment No. 89-121 with Kern Economic
Development Corporation for Economic
Development in Kern County.
Upon a motion by Councilmember McDermott, Agreement No.
89-121 was approved and the Mayor was authorized to execute the
agreement.
Homeless Coalition Task Force
recommendations regarding creation
and make-up of Homeless Center
Advisory Committee.
The following are the members of the Homeless
Advisory Committee to serve until six months after the
open:
Center
Center is
Joan Bloodgood
Don Caylor
Chuck Cunningham
Gene Saint-Amand
Ben Stinson
Upon a motion by Councilmember DeMond, the formation of
the Homeless Center Advisory Committee as outlined by the
Homeless Coalition Task Force was approved.
One (1) vacancy on the Citizens
Auditorium Committee due to the
expiration of term by Michael
Serban, term expired January 3,
1989. (4-year term) (RATTY)
No action taken on this item.
May 31, 1989 Agenda.
It will be placed on the
Transmittal of the 1989-94 Capital
Improvements Program.
City Manager Hawley stated that the next two items
involve the 1989-90 budget hearings and adoption process. He
distributed a budget packet including a Budget Summary, Operating
Capital Improvement and Central District Development Agency
Budget, the Capital Improvement Program and a list of newly cre-
ated classifications to be considered by the Personnel Committee.
City Manager Hawley stated the proposed budget for 1989-90 is
$135,824,479, an increase of 2.9 percent over last year's Budget.
The General Revenues are expected to increase 4.8 percent over
last year. The proposed budget adds 31 new positions, of which
18 are funded out of the General Fund. It shows 9 new positions
in Public Safety, police and Fire.
The Budget addresses the major issues and concerns that
were presented to the Council in January.
City Manager Hawley announced that several Council-
members had conflicts with the Budget Workshop meeting date of
May 23, 1989. Council agreed to cancel the Budget Workshop meet-
ing scheduled for May 23, 1989. The Budget Workshop meetings
scheduled for May 24 and 25, 1989 will be held as scheduled.
Bakersfield, California, May 17, 1989
Page 26
5,1 i'
Upon a motion by Councilmember DeMond, transmittal of
the 1989-94 Capital Improvements Program was referred to the
Planning Commission for conformance to the General Plan.
Presentation to the City Council of
the Fiscal Year 1989-1990 Operating,
Capital Improvements and Central
District Development Agency Budgets.
Upon a motion by Councilmember DeMond, the proposed
budget was referred to the Budget and Finance Committee, and pro-
posed new classifications and reclassifications were referred to
the Personnel Committee.
Councilmember DeMond stated if an appointment is made
to the Ward One seat, she requested that staff set a Personnel
Committee meeting for June 1, 1989, and if the person appointed
to the Ward One seat is appointed to the Personnel Committee that
this meeting be made public.
Request to the Council of the City of
Bakersfield to appropriate $70,600, of
the Equipment Maintenance Fund balance,
to the Public Works Budget to purchase
radios and emergency equipment for
police vehicles being added to the police
fleet.
Upon a motion by Councilmember McDermott, the request to
the Council of the City of Bakersfield to appropriate $70,600 of
the Equipment Maintenance Fund balance to the Public Works
Budget to purchase radios and emergency equipment for police
vehicles being added to the police fleet was referred to the
Budget and Finance Committee.
COUNCIL STATEMENTS
Councilmember DeMond referred the petitions submitted by
Matthew Gaines regarding a skateboard park to the Community
Services Department.
Councilmember Peterson asked for clarification from City
Attorney Saalfield regarding the Special Election.
City Attorney Saalfield stated that the Municipal Code
could be amended to clarify the issue of the election. Staff is
currently working on several election issues and will bring it to
the Council after the November Election.
Upon a motion by Councilmember Peterson, the issue of
elections was referred to the Litigation Committee.
Councilmember McDermott stated that June 10th is the
tentative date set for Council to walk the county island, in the
area outlined, to solicit annexation into the City. He asked the
Council to review the lists of residents and any contacts made
would be appreciated.
Councilmember Salvaggio submitted a letter from Ms. Ruth
E. Overton, 1501 Calcutta Drive, #21, regarding Refuse Fees to
Community Services, and directed staff to prepare a response
trying to help her and to indicate in the letter it is a request
from Councilmember Salvaggio.
Bakersfield, California, May 17, 1989 - Page 27
CLOSED SESSION
Closed Session pursuant
Code Section 54956.9(b)
Pending Litigation.
to Government
regarding
Upon a motion by Councilmember Salvaggio, Council
adjourned to Closed Session pursuant to Government Code Section
54956.9(b) regarding Pending Litigation at 11:15 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting was
adjourned at 12:22 n.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY C Officio Clerk of the
Council of the City of Bakersfield, CA
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