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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