HomeMy WebLinkAbout12/14/1988 MINUTES CCBakersfield, California, December 14, 1988
Minutes of the Special Meeting of the Council of
the City of Bakersfield, California, for the purpose of a
Closed Session, held in the Council Chambers of City Hall at
5:15 p.m., December 14, 1988.
Smith.
The meeting was called to order by Vice Mayor
City Clerk Williams called the roll as follows:
Present:
Absent:
Councilmembers Childs, DeMond, Smith,
McDermott, Salvaggio
Mayor Payne, Councilmember Ratty
Peterson,
CLOSED SESSION
Closed Session pursuant to Government Code Section
54956.9 (a) regarding Miner vs. City of Bakersfield.
Closed Session pursuant Government Code Section
54957, regarding Labor Negotiations with City of
Bakersfield's Chief Negotiator Bill Avery.
Upon by motion by Councilmember Childs, Council
adjourned to the City Manager's Conference Room for Closed
Session.
Council,
ADJOURNMENT
There being no further business to come before the
the meeting was adjourned at 6:15 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLER~ and Ex Officio Clerk of the
of the City of Bakersfield, California
Council
Bakersfield, California, December 14, 1988
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., December 14, 1988.
The meeting was called to order by Mayor Payne
followed by the Invocation by Mayor Payne and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present:
Absent:
Mayor Payne.
Councilmember
Councilmembers Childs, DeMond,
Smith, Peterson, McDermott,
Salvaggio
Ratty
MINUTES
Upon a motion by Councilmember Childs, minutes of
the Special Meeting of September 19, 19 88, Special Meeting
of September 28, 1988, and the Regular Meeting of September
28, 1988, were approved.
PRESENTATION
Mayor Payne proclaimed December 15, 1988 as
Bakersfield College Renegade Football Recognition Day, and
presented the Proclamation to Coach Carl Bowser and Athletic
Director Walt Johnson.
Mayor Payne read a proclamation honoring Lynda
Younger for her accomplishments in equestrian events, as
won the Mercedes Benz Show Championship and proclaimed
December 14, 1988 as Lynda L. Younger Day.
she
City Fire Chief Dennis Needham presented two
plaques and the City's Medal of Honor; and Mayor Payne
presented the Mayor's Eagle Award to Jimmy Joe Loving for
his bravery and proclaimed the month of December 1988 as
Jimmy Joe Loving Month.
PUBLIC STATEMENTS
Mr. Jeffrey Brown, 901 Pershing Street, spoke
regarding the creation of a Black History Museum in Ward 1.
Mr. Otis M. Gillespie, 6305 Ellis Avenue, spoke in
support of the zoning ordinance for senior citizens.
Mayor Payne recessed the meeting at 7:28 p.m. The
meeting was reconvened at 7:30 p.m.
Mr. Carl Berra, President of Kern City Associa-
tion, 1431 Thunderbird Street, read a statement in support
of the senior citizen zoning ordinance.
Mr. O. V. Hunter, 1400 Thunderbird Street, spoke
in support of the senior citizen zoning ordinance.
HEARINGS
THIS IS THE TIME SET FOR A PUBLIC HEARING
BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD
ON AN APPEAL BY ALBERT AND MARGARET M.
BATISTA TO THE DECISION OF THE PLANNING
DIRECTOR APPROVING A REQUEST FOR A GARAGE
CONVERSION LOCATED AT 3201 PANORAMA DRIVE.
Bakersfield,
California, December 14, 1988 - Page 2
This hearing has been duly advertised, posted, and
the property owners notified as required by law.
Correspondence was received from Mrs. Helen M.
Ri~ble in support of the appeal, and from Mrs. Joyce Knudsen
in opposition to the appeal.
Planning Director Hardisty stated he felt the
agenda item summarizes the bas~ for his approval.
Mayor Payne declared the hearing open for public
participation.
The following individuals spoke in support:
Mrs. Helen Ribble, 3205 Panorama Drive, and
Mrs. Margaret Batista, 3204 Panorama Drive.
Ms. Joyce Knudsen, 3201 Panorama Drive spoke in
opposition to the appeal.
Ms. Helen Ribble ~oke in rebuttal in support of
the appeal.
Mrs. Margaret Batista spoke in rebuttal in support
of the appeal.
Ms. Joyce Knudsen, spoke in rebuttal in opposition
of the appeal.
No further protests or objections being received,
and no one else wishing to speak in favor, Mayor Payne
closed the public portion of the hearing for Council deli-
beration and action.
Councilmember Peterson thanked both sides and
stated that the Urban Development Committee and P~nning
D~artment had spent a great deal of time coming up with
grandfathering procedure, and he supported that process,
therefore, would support Planning Director Hardisty's
recommendation.
the
and
Upon a motion by Councilmember Smith, the appeal
was denied and the decision of the Planning Director was
upheld by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
THIS IS THE TIME SET FOR A PUBLIC HEARING
BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD
ON AN APPEAL BY CORNERSTONE ENGINEERING,
INC., TO THE DECISION OF THE BOARD OF ZONING
ADJUSTMENT ON MODIFICATION NO. 4795, CONDI-
TION NO. 2, REQUIRING A MINIMUM OF TEN FEET
BETWEEN STRUCTURES ON ADJOINING LOTS BETWEEN
STERLING ROAD AND OSWELL STREET, SOUTH OF
VIRGINIA AVENUE AND NORTH OF EAST BRUNDAGE
LANE.
This hearing has been duly advertised, posted, and
the property owners notified as required by law.
Planning Director Hardisty provided an update.
Mayor Payne declared the hearing open for public
participation.
Bakersfield, California, December 14, 1988 - Page 3
Mr. Don Morris, CBM Development, the developer of
the project, spoke in support.
No protests or objections being received, and no
one else wishing to speak in favor, Mayor Payne closed the
public portion of the hearing for Council deliberation and
action.
Upon a motion by Councilmember Childs, the appeal
was upheld and the decision of the Board of Zoning Adjust-
ment was denied by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
~ Dermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
THIS IS THE TIME SET FOR A PUBLIC HEARING
B~ORE THE COUNCIL OF THE CITY OF BAKERSFIELD
FOR AN ANNUAL REVIEW ~ COMPLIANCE WITH TERMS
OF THE RANCHO LABORDE DEVELOPMENT AGREEMENT.
The property owner has been notified of this
hearing as required by law.
Mayor Payne declared the hearing open for public
participation.
No protests or objections being received, and no
one wishing to speak in favor, Mayor Payne closed the public
portion of the hearing for Council deliberation and action.
Upon a motion by Councilmember Childs, Rancho
Laborde was found to be in substantial compliance with
Development Agreement No. 86-54.
Upon a motion by Councilmember Peterson, Agenda
Item 11 c. was moved forward on the agenda.
DEFERRED BUSINESS
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 17.51 TO THE
BAKERSFIELD MUNIC~AL CODE RELATING TO SENIOR
CITIZEN ZONING.
This Ordinance was given first reading at the
meeting of November 30, 1988.
Councilmember Peterson read a prepared statement
regarding this issue.
Councilmember Salvaggio spoke in support of this
Ordinance.
ADOPTION OF ORDINANCE NO. 3194 ~ THE COUNCIL
OF THE CITY OF BAKERSFIELD ADDING CHAPTER
17.51 TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SENIOR CITIZEN ZONING.
Upon a motion by Councilmember Peterson, the
Negative Declaration was approved and Ordinance No. 3194 of
the Council of the City of Bakersfield was adopted by the
following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
Bakersfield, California, December 14, 1988 - Page 4
Mayor Payne recessed the meeting at 7:45 p.m. The
meeting was reconvened at 8:55 p.m.
REPORTS
Councilmember McDermott read Budget and Finance
Committee Report No. 47-88 regarding local buying preference
on bids as follows:
At the November 9, 1988 Council meeting, a
review of current City purchasing regulations
regarding local preference in awarding bids
was referred to the Budget and Finance
Committee. During the Committee's review, it
was noted that State law and the City Charter
mandate many of the purchasing procedures.
Currently, the City does give a bidding
preference to local vendors based on the 1%
of the sale price of all goods and materials
sold within the city limits that returns to
the City as sales tax revenue. In addition,
local vendors often are selected due to
factors such as speed in delivery in pur-
chases that are below the bid requirement
dollar limit. The Committee felt that any
further local advantage would discourage
possible bidders and present an environment
that could lead to the City paying higher
prices.
The Committee encourages the Purchasing
Workshop planned by staff to be held early
next year when time is available and that
manuals be made available to the entire
Council.
The Budget and Finance Committee requests
acceptance of this report and adoption of its
recommendations.
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 47-88 was accepted.
Upon a motion by Councilmember McDermott, the
recommendations of Budget and Finance Committee Report No.
47-88 were implemente~
Council member Childs read Budget and Finance
Committee Report No. 48-88 regarding Agreement with Bakers-
field Credit Control Service for the collection of the
City's unpaid accounts as follows:
On October 12, 1988, the Council referred the
Agreement with Bakersfield Credit Control
Service for the collection of the City's
unpaid accounts to the Budget and Finance
Committee for review.
The Committee has reviewed the proposed
agreement with staff from the City Attorney's
Office and has met with representatives of
Herbert P. Sears Co., Inc., who had questions
regarding the proposed agreement.
Bakersfield, California, December 14, 1988 - Page 5
Staff explained to the Committee and to
representatives for the H. P. Sears Company
the process for awarding the bid. The
Committee believes that staff has followed
all appropriate procedures with regard to the
award of the bid and, therefore, the Commit-
tee recommends that the Mayor be authorized
to execute the Agreement with Bakersfield
Credit Control Service of the collection of
the City's unpaid accounts.
Upon a motion by Councilmember Childs, Budget and
Finance Committee Report No. 48-88 was accepted.
APPROVAL OF AGREEMENT NO. 88-286 WITH BAKERS-
FIELD CREDIT CONTROL SERVICE FOR THE COLLEC-
TION OF THE CITY'S UNPAID ACCOUNTS.
Upon a motion by Councilmember Childs, the recom-
mendations of Budget and Finance Committee Report No. 48-88
were implemented and the Mayor was authorized to execute the
Agreement.
Councilmember McDermott read Budget and Finance
Committee Report No. 49-88 regarding proposed use of
B.A.R.C. recycling proceeds as follows:
On November 21, 1988, the City Council referred
the proposed use of B.A.R.C. recycling
proceeds to the Budget and Finance Committee
for review. This recycling program began in
September 1988 and is being coordinated by
the employee Coffee Committee at City Hall.
The Budget and Finance Committee has reviewed
the Coffee Committee's proposal for the use
of B.A.R.C. rec!~ling proceeds. The Commit-
tee agrees that the proceeds should be used
for the purchase of capital equipment which
would benefit employees at the breakroom,
rather than operating subsidies or social
events.
Therefore, the Committee recommends that
proceeds for the B.A.R.C. recycling program
be used by the Coffee Committee to purchase
capital equipment.
Upon a motion by Councilmember McDermott, Budget
and Finance Committee Report No. 49-88 was accepted.
Upon a motion by Councilmember McDermott, the
recommendations of Budget and Finance Committee Report No.
49-88 were implemented.
Council member Childs read Budget and Finance
Committee Report No. 50-88 regarding request for extension
of City Attorney services as follows:
Earlier this year, the Council decided that
the Bakersfield City Attorney's Office should
discontinue providing legal services for
Shafter, Taft and Maricopa at the end of this
year. The City received a letter from Wade
McKinney, Shafter City Manager, requesting a
two month extension of the deadline. The
City Manager has discussed this matter with
the Taft City Manager, who has asked that our
Bakersfield,
California,
December 14, 1988 - Page 6
City Attorney's office continue to provide
services for an additional period beyond
December 31, 1988, not to exceed two months.
All three cities are working together to hire
legal counsel and have interviewed several
applicants. Negotiations on a contract for
attorney services are underway.
The Committee finds the requested extension
reasonable and recommends:
That the Council authorize the City
Attorney to continue to provide legal
services to Shafter, Taft and Maricopa
beyond December 31, 1988 until those
cities have contracted for such ser-
vices, but not beyond February 28, 1989.
That the Mayor be authorized to execute
agreements extending such services for
such period in accordance with the terms
of the present contracts.
Upon a motion by Councilmember Childs, Budget and
Finance Committee Report No. 50-88 was accepted.
Councilmember Salvaggio, asked City Attorney
Saalfield if the City Attorney's office had assisted Shaf-
ter, Taft and Maricopa in finding a firm to help them with
their legal needs. City Attorney Saalfield stated the City
had not been actively involved, although they have offered
to do so. Councilmember Salvaggio stated he reluctantly
supported the reconm~endation due to the potential liability.
Councilmember Peterson stated he was concerned
about the liability aspect also.
AGREEMENT NO. 88-287 WITH q~E CITY OF SHAFTER
FOR EXTENSION OF CITY ATTORNEY SERVICES.
AGREEMENT NO. 88-288 WITH THE CITY OF TAFT
FOR EXTENSION OF CITY ATTORNEY SERVICES.
AGREEMENT NO. 88-289 WITH THE CITY OF
MARICOPA FOR EXTENSION OF CITY ATTORNEY
SERVICES.
Upon a motion by Councilmember Childs, the recom-
mendations of Budget and Finance Committee Report No. 50-88
were implemented and Agreement Nos. 88-287, 88-288 and
88-289 were approved.
City Manager Hawley read City Manager's Report No.
3(b)-88 regarding ordinance review process as follows:
The rules governing presentation to the
Council of ordinances specify that no ordi-
nance is to be prepared for presentation to
the Council unless 1) ordered by a majority
vote of the Council or 2) requested in
writing by any member of the Council, the
presiding officer or the City Manager, or
prepared by the City Attorney on his own
initiative. (Bakersfield Municipal Code
Section 2.04.150 A.) However, once an
ordinance has been prepared for presentation
to the Council, we have no regular procedure
for input of any Councilmembers prior to
discussion of the merits of a proposed
ordinance at the time it is presented for
adoption.
Bakersfield,
California, December 14, 1988 - Page 7
During the past few months, diverse issues
such as property maintenance, drinking of
alcoholic beverages in parks, abandoned
vehicles, limits on use of streets and
sidewalks for downtown promotions, canal
fencing, parks insurance, limousine service,
curfew for minors, senior citizen zoning and
many others (see attached list) have all been
considered by the Council. When controversy
has arisen, these ordinances have been re-
ferred to one or another committee. However,
the referrals have not been a matter of
stand~d procedure. Committee consideration
of each new or amended ordinance as a matter
of course prior to presentation to the
Council for adoption, regardless of any
attendant controversy, should improve the
process and the eventual ordinance.
The process could involve a blanket referral
in advance of proposed ordinances and amend-
ments to committee or referral of all ordi-
nances to committee at the time of first
reading. The Council might utilize the Vice
Mayor to assign to the appropriate existing
Council Committee.
Emergency ordinances and ordinances changing
zoning should be e~luded from this process;
the first because of time constraints, the
second because such ordinances have already
been subject to Planning Commission hearing
and, unless the Planning Cormmission decision
is appealed to the Council, are usually only
a formality.
Therefore, I ask that the Council consider
this matter and I recommend that all ordi-
nances, except emergency ordinances and those
changing zoning classifications of property,
be reviewed by committee as assigned by the
Vice Mayor before presentation to the Council
for adoption.
Upon a motion by Councilmember Peterson, the City
Manager's Report No. 3(b)-88 was approved and the recommen-
dations implemented.
City Manager Hawley read City Manager's Report No.
4-88 regarding pre-budget workshop and budget issues survey
as follows:
You will recall that last August the Council
adopted a budget review process to provide
more involvement of the Council and the
public in the formulation of the City's
budget.
The first step of that process is the pre-
budget workshop with the City Council. In
order to make this meeting productive, I have
developed with the assistance of the depart-
ment managers, a list of budget issues for
the fiscal year 1989-90. I would like to ask
the Mayor and the City Council to review
these budget issues, comment on them and add
any additional budget issues you would like
to discuss at the pre-budget workshop.
Bakersfield,
California, December 14, 1988 - Page 8
I would like to request that your comments be
submitted to me at or before the January 4
Council meeting so we may compile them prior
to the pre-budget workshop scheduled for
January 11 at the Civic Auditorium.
This is your opportunity to shape the issues
which staff will address in the preparation
of the proposed budget, so please express
your concerns and interests. City staff will
gladly answer any questions you have regar-
ding any budget issue or concern.
Additional copies of the budget issues will
be available to interested groups or indivi-
duals upon request to the City Manager's
Office.
I have included with this report the proposed
budget calendar for the upcoming year for
your information.
CONSENT CALENDAR
a. Approval of Warrant Nos. 3621 to 4017,
inclusive, in the amount of $2,320,023.38.
b. Communication from Wade G. McKinney,
City Manager, City of Shafter, 320 James
Street, Shafter, dated November 29,
1988, requesting a two-month extension
on City Attorney Services. (RECEIVE AND
REFER TO BUDGET AND FINANCE COMMITTEE)
Claim for Damages and Personal Injuries
from the following:
Kyle Carter, c/o 5329 Office Center
Court, Suite 200;
2. Joyce E. Covey Martinson, 104 Beech
Street;
o
Alwin Milton Paulson, 18540 Willard
Street, Reseda; and
4. Greg and Judy Butler, 1420 7th
Street.
(REFER TO CITY ATTORNEY)
d. Dedication of Properties:
Sewer Line Easement (Permanent)
from Oscar Rudnick for a portion of
Lot 1 of Tract No. 1370, located
south of Parker Avenue and east of
San Marino Drive.
2 o
Grant of Pedestrian Walkway Ease-
ment from Tule Development Co. for
Tract No. 4989 and 5101, located
south of Truxtun Avenue and east of
Truxtun Plaza West.
Bakersfield, California, December 14, 1988 - Page 9
ee
no
Street Right-of-Way Deed from First
American Title Company for a
portion of Panama Lane east of
South H Street and a portion of
South H Street south of Panama
Lane.
Easement for electrical facilities
from City of Bake~ field to Pacific
Gas and Electric Company across
City property southeasterly of
Cottonwood Road and East Panama
Lane.
Individual Grant Deeds from Clarita J.
Shultis.
Quitclaim Deed from Truxtun Plaza
Associates for reconveyance of 65 square
feet parcel adjacent to the "Police
Pistol Range."
Notices of Completion and Acceptance of
Work for the following projects:
Reconstruction of College Avenue
from Fairfax Road to Tangerine
Street, Contract No. 88-241, was
completed on November 22, 1988.
Resurfacing E1 Potrero Lane between
White Lane and Planz Road, Contract
No. 88-249, was completed on
December 5, 1988.
Tract No. 4568, Unit 3, located at
or near Camino Media and Lancashire,
Contract No. 87-133, was completed
on December 5, 1988.
Concrete Block Pumphouse for
Laborde Water Well Number L-202,
Contract No. 88-159, was completed
on December 2, 1988.
Approval of Plans and Specifications for
rehabilitation of a sewer line in
Brundage Lane between Myrtle and Holtby,
in an easement 170 feet east of Oleander
between 1st Street and Bank Street, and
in the alley east of Oak Street, north
of Bank Street.
Contract Change Order No. 1, Contract
No. 88-215, with Omega Construction for
the construction of the Administration
Building at Wastewater Treatment Plant
No. 3.
Agreement No. 88-290 with Bank of
America NT & SA for Direct Deposit
Services.
Agreement No. 88-291 with Pacific Gas
and Electric Company for design engi-
neering for the relocation of a trans-
mission tower at two locations along
Coffee Road within Assessment District
86-2 (Rancho Laborde).
Bakersfield, California, December 14, 1988
Page 10
Agreement No. 88-292, Third Amendment
Agreement No. 86-34 with Edward J.
Wilson, dba Wilson & Associates, for
consulting engineering services for
Assessment District No. 86-2 (Rancho
Laborde).
to
Approval of the appointment of Barbara
Don Carlos as the Building Industry
Association representative for the
City/County Fair Housing Advisory
Committee, term expiring October 31,
1989.
Acceptance of Comprehensive Annual
Financial Report and the Federally
required Single Audit Report for the
1987-88 Fiscal Year.
O ·
Accept bid for plaster sand for Parks
Department from Webster Sand, Inc. in
the amount of $9,911.00.
Accept low bid for a replacement turf
tractor for Parks Department from
Berchtold Equipment Company in the
amount of $13,091.00 and reject other
bid.
Accept low bid for fire hydrants from
Long Beach from Works in the amount of
$16,880.50 and reject all other bids.
Upon a motion by Councilmember McDermott, Item n
of the Consent Calendar was considered separately.
ACCEPTANCE OF COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND THE FEDERALLY REQUIRED SINGLE
AUDIT REPORT FOR THE 1987-88 FISCAL YEAR.
Upon a motion by Councilmember McDermott, Items a,
b, c, d, e, f, g, ~, i, j, k, 1, m, n, o, p and q of the
Consent Calendar were adopted (with Item n placed back on
the Consent Calendar); and Staff was directed to review and
analyze the sales tax portion of the Comprehensive Annual
Financial Report (Item 9·n.) with a report to be submitted
to the Budget and Finance Committee by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
ACTION ON BIDS
SIX BLACK AND WHITE VEHICLES FOR POLICE
DEPARTMENT (NEW).
Upon a motion by Councilmember DeMond, the pur-
chase of six police vehicles from State Contract in the
amount of $69,897.00 as previously bid was approved.
APPROVAL OF CONTRACT NO. 88-293 FOR THE
RENOVATION OF THE BAKERSFIELD COMMUNITY
HOUSE, 2020 R STREET.
Bakersfield, California, December 14, 1988 - Page 11
Upon a motion by Councilmember DeMond, the low bid
from Bussard Construction Company in the amount of $85,500.00
for Base Bid and Alternate A was accepted, all other bids
rejected, and the Mayor was authorized to execute the Contract.
APPROVAL OF REQUEST FOR AUTHORIZATION TO
ENTER INTO A DISCOUNT AGREEMENT WITH BILL
REPLOGLE WHEEL & BRAKE FOR VEHICLE FRONT END
ALIGNMENT.
Upon a motion by Councilmember Childs, the Finance
Director was authorized to enter into a Discount Agreement
with Bill Replogle Wheel & Brake.
APPROVAL OF REQUEST FOR AUTHORIZATION TO
ENTER INTO A DISCOUNT AGREEMENT WITH SINGH
JEEP EAGLE FOR MISCELLANEOUS VEHICLE PARTS.
Upon a motion by Councilmember Peterson, the
Finance Director was authorized to enter into a discount
agreement with Singh Jeep Eagle.
DEFERRED BUSINESS
ADOPTION OF ZONING RESOLUTION NO. 367 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD GRANTING
IN PART AND DENYING IN PART THE APPEAL BY
MOSESIAN DEVELOPMENT CORPORATION FROM THE
DECISION OF THE PLANNING COMMISSION DENYING
THEIR APPLICATION TO AMEND TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING
THE LAND USE ZONING OF THOSE CERTAIN PROPER-
TIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH
OF HARRIS ROAD, EAST OF WIBLE ROAD TO FREEWAY
99 FROM AN M-1 (LIGHT MANUFACTURING-AUTO
RELATED) ZONE TO AN M-1 (LIGHT MANUFACTURING-
GENERAL PURPOSE) ZONE AND A C-2 (COMMERCIAL)
ZONE.
This Resolution sets forth the decision of the
Council following the Public Hearing on the matter held on
November 16, 1988.
Upon a motion by Councilmember McDermott, Zoning
Resolution No. 367 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
None
None
Councilmember Ratty
Peterson,
ADOPTION OF ORDINANCE NO. 3195 OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE LAND USE ZONING OF THOSE
CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED ON THE SOUTHWEST CORNER OF STOCKDALE
HIGHWAY AND SOUTH ALLEN ROAD FROM AN R-1 (ONE
FAMILY DWELLING) ZONE TO P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE.
This Ordinance was given first reading at the
meeting of November 30, 1988.
Bakersfield, California, December 14, 1988 - Page 12
Upon a motion by Councilmember McDermott, Ordi-
nance No. 3195 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
None
None
Councilmember Ratty
Petersoil,
NEW BUSINESS
FIRST READING OF AN ORDINANCE OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE LAND USE ZONING OF THOSE
CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED GENERALLY NORTH OF ROSEDALE HIGHWAY,
SOUTH OF NORRIS ROAD, EAST OF CALLOWAY ROAD
AND WEST OF FRUITVALE AVENUE, COMMONLY KNOWN
AS THE LABORDE SPECIFIC PLAN AREA TO AN R-1
(ONE FAMILY DWELLINC) ZONE, R-2 (LIMITED
MULTIPLE FAMILY DWELLING) ZONE, C-1 (LIMITED
COMMERCIAL) ZONE, C-1-CH (LIMITED COMMERCIAL-
CHURCH OVERLAY) ZONE, C-2 (COMMERCIAL) ZONE,
M-1 (LIGHT MANUFACTURING) ZONE AND OS (OPEN
SPACE) ZONE.
The annexation and adoption of the specific plan
were completed without the benefit of specific legal des-
criptions of the zone district boundaries. The zone change
provides specific legal descriptions for the R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), C-1
(Limited Commercial), C-1-CH (Limited Commercial-Church),
C-2 (Commercial), M-1 (Light Manufacturing) and OS (Open
Space) Zones indicated on the specific plan.
FIRST READING OF AN ORDINANCE OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE LAND USE ZONING OF THOSE
CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED NORTH OF THE EXTENSION OF WOODMERE
DRIVE APPROXIMATELY 1/4 MILE WEST OF STINE
ROAD FROM AN M-1 (LIGHT MANUFACTURING) ZONE
TO AN M-2 (GENERAL MANUFACTURING) ZONE.
The site is vacant land consisting of .80 acre.
There is a tentative parcel map approved for this site. The
applicant is requesting the zone change in response to a
condition placed on the map.
FIRST READING OF AN ORDINANCE OF THE COUNCIL
OF THE CITY OF BAKERSFIELD AMENDING WARD
BOUNDARIES.
This Ordinance amends the ward boundaries to
include Panama No. 8, Calloway No. 2, Rosedale No. 4, Renfro
No. 1., Calloway NO. 1 and Casa Loma No. 3 annexations. The
Council recently completed annexation of these areas.
Councilmember McDermott asked staff to look at how
boundaries are apportioned, prepare an analysis and report
back to the Urban Development Committee.
Councilmember Childs asked that each Councilmember
receive a copy of the report in addition to the Urban
Development Committee.
Bakersfield, California, December 14, 1988 - Page 13
ADOPTION OF RESOLUTION NO. 235-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD AUTHORI-
ZING PAYROLL DEDUCTION FOR STATE DISABILITY
INSURANCE (S.D.I.) PREMIUMS FROM THE PAYCHECK
OF EMPLOYEES IN THE WHITE COLLAR UNIT.
Upon a motion by Councilmember DeMond, Resolution
No. 235-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilme~ers Smith, Childs, DeMond, Peterson,
McDermott, Salvaggio
None
None
Councilmember Ratty
ADOPTION OF RESOLUTION NO. 236-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD FIXING THE
DATES OF MEETINGS, WORKSHOPS AND BUDGET
HEARINGS OF THE COUNCIL FOR THE MONTHS OF
JANUARY THROUGH DECEMBER 1989.
Upon a motion by Councilmember Childs, Resolution
No. 236-88 of the Council of the City of Bakersfield was
adopted by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Peterson,
McDermott, Salvaggio
None
None
Councilmember Ratty
Noes:
Abstain:
Absent:
ADOPTION OF RESOLUTION NO. 237-88 OF THE
COUNCIL OF THE CITY OF BAKERSFIELD PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXA-
TION NO. 330, STOCKDALE NO. 13 ANNEXATION,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
STOCKDALE HIGHWAY AND ALLEN ROAD, CONTIGUOUS
TO THE BOUNDARY OF THE CITY LIMITS (WARD 4).
Upon a motion by Councilmember Salvaggio, Resolu-
tion No. 237-88 of the Council of the City of Bakersfield
was adopted by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmembers
Ratty
APPROVAL OF AGREEMENT NO. 88-294 WITH STATE
OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY, FOR
GRANT FUNDING OF PERSONNEL AND EQUIPMENT FOR
A "DRIVING UNDER THE INFLUENCE OF INTOXICANTS"
ENFORCEMENT PROGRAM.
Upon a motion by Councilmember Salvaggio, Agree-
ment No. 88-294 appropriating $138,667 of State Traffic
Safety Funds to the General Fund-Police Budget for the
implementation of a "DUI" program was approved and the Mayor
was authorized to execute the Agreement, by the following
vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
Bakersfield, California, December 14, 1988 - Page 14
APPROVAL OF COOPERATIVE AGREEMENT NO. 88-295
WITH THE STATE OF CALIFORNIA FOR INSTALLATION
OF TRAFFIC SIGNAL AT THE INTERSECTION OF
CALIFORNIA AVENUE AND STATE HIGHWAY ROUTE 99
NORTHBOUND OFF-RAMP.
Upon a motion by Councilmember McDermott, Agree-
ment No. 88-295 was approved and the Mayor was authorized to
execute the Agreement.
AUTHORIZATION TO SELL AS SURPLUS THE PROPERTY
BETWEEN THE ROYAL PALMS MOBILE HOME PARK AND
THE EXISTING CANAL FENCE LINE, LOCATED NORTH
OF WEST COLUMBUS STREET AND EAST OF CHESTER
AVENUE.
Upon a motion by Councilmember DeMond, the pro-
perty between the Royal Palms M~bile Home Park and the
existing canal fence line was declared as surplus and the
Finance Director was authorized to negotiate a sale by the
following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Ratty
Peterson,
TWO APPOINTMENTS TO THE MISCELLANEOUS DEPART-
MENT CIVIL SERVICE BOARD.
One vacancy due to the resignation of Edwin L.
Ingalls, term expiring December 31, 1989.
M. James
One vacancy due to the expiration of term by
Sughrue, Jr., term expiring December 31, 1988.
Councilmember DeMond nominated Gonzalo E. Ramirez.
Councilmember Childs nominated Daniel Williams.
Councilmember McDermott renominated M. James
Sughrue, Jr.
Upon a motion by Councilmember Childs, the time
frame for accepting nominations was closed.
Upon a motion by Councilmember Childs, an appoint-
ment will not be made until the Council meeting of January
18, 1989.
POLICE DEPARTMENT CIVIL SERVICE BOARD. ONE
3-YEAR TERM EXPIRING ON DECEMBER 31, 1988.
Councilmember DeMond nominated Robert B. Lumis
reappointment.
for
Upon a motion by Councilmember DeMond, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 198~9.
FIRE DEPARTMENT CIVIL SERVICE BOARD. ONE
3-YEAR TERM EXPIRING ON DECEMBER 31, 1988.
Councilmember Salvaggio nominated Kenneth A. Gamez
for reappointment.
Bakersfield, California, December 14, 1988 - Page 15
Upon a motion by Councilmember Salvaggio, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 1989.
PUBLIC FACILITIES CORPORATION. THREE 2-YEAR
TERMS EXPIRING ON DECEMBER 19, 1988.
Councilmember Salvaggio nominated John Chafin and
Bob Clerico for reappointment.
Councilmember DeMond asked staff to send out some
type of information to the media informing the community
that a nomination needs to be made.
Upon a motion by Councilmember Salvaggio, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 1989.
GOLDEN EMPIRE TRANSIT DISTRICT. ONE 4-YEAR
TERM EXPIRING ON JANUARY 6, 1989.
Councilmember Salvaggio nominated Howard Silver
for reappointment.
Upon a motion by Councilmember Salvaggio, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 1989.*
CITIZENS AUDITORIUM COMMITTEE. ONE 7-YEAR
TERM EXPIRING ON JANUARY 3, 1989.
Councilmember Childs nominated Michael N. Serban
for reappointment.
Upon a motion by Councilmember Childs, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 1989.
BOARD OF ZONING ADJUSTMENT. TWO 3-YEAR TERMS
EXPIRING ON DECEMBER 1, 1988.
Councilmember DeMond nominated Art Saalfield and
Louise Closs, as alternate, for reappointment.
Upon a motion by Councilmember DeMond, the time
frame for accepting nominations and making an appointment
will be the Council meeting of January 18, 1989.
COUNCIL STATEMENTS
Councilmember Childs submitted the names of Harlan
Hunter and Robert Carter for nomination to the ~anning
Commission, and stated resumes would be forthcoming.
Councilmember DeMond stated she would like to meet
the new nominees and the reappointees.
Councilmember Peterson nominated William Hickey
and Jim Marino to the Planning Commission.
Councilmember McDermott requested staff to review
the time limits on hearings from 30 and 10 minutes to
possibly 10 and 5 minutes.
*The tape was destroyed; however, the City Clerk's worksheets reflect
that Howard Silver was reappointed on December 14, 1988. This item
did not come back before the Council on January 18, 1989.
ndw 11/18/92
Bakersfield,
California, December 14, 1988 - Page 16
Councilmember McDermott asked Staff to continue
their efforts in keeping the Council informed regarding the
Clarion Hotel.
Councilmember McDermott stated he would be unable
to attend the January 4th meeting and the ~ecial Budget
Workshop on January 11, 1989.
Councilmember McDermott thanked Mayor Payne for
his service.
Mayor Payne referred correspondence received from
the U.S. Department of Transportation, Urban Mass T~nspor-
tation, relative to the City's non-compliance status to the
City Manager and/or the City Attorney. He asked that the
other correspondence relative to this be put in a package to
Mr. Medders.
Councilmember Childs read a Christmas Card re-
ceived from the Bakersfield Californian.
Councilmember Childs spoke to the Council regar-
ding his legal situation.
Councilmember Peterson asked the City Manager for
an update on the Clarion Hotel.
City Manager Hawley provided an update. He stated
he is trying to find out the status of the one and one-half
million dollars on deposit with Mercury Savings, but so far
has been unsuccessful. He stated this item has also been
placed on the agenda for the Agency meeting on Monday,
December 19, 1989.
Councilmember Peterson reiterated this is a
serious problem and encouraged staff to pursue this matter.
Councilmember Peterson thanked Mayor Payne for his
efforts and commended him on his time and effort.
Councilmember Smith stated she enjoyed the three
years she has worked with Mayor Payne and thanked him for
his eleven years of service to the City.
Councilmember Childs thanked Mayor Payne for his
dedication to public service.
Councilmember DeMond reiterated the Council
statements regarding Mayor Payne, and thanked him for all
she has learned from him.
Councilmember Salvaggio asked how the Attorney can
assist the Council in getting Mercury Savings to return the
City's telephone calls.
Councilmember Salvaggio wished Mayor Payne luck in
his future endeavors.
Mayor Payne stated he wanted to say goodbye to the
Council and staff privately, and that he had written a
letter to the Council. He congratulated Mr. Medders on
being elected.
Bakersfield, California, December 14, 1988 - Page 17
ADJOURNMENT
qhere being no further business to come before the
Council, upon a motion by Councilmember DeMond, the meeting
was adjourned at 10:05
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California