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HomeMy WebLinkAbout09/28/1988 MINUTES CCBakersfield, California, September 28, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Basement Conference Room - Annex Building, City Hall, 1501 Truxtun Avenue, at 5:15 p.m., September 28, 1988. The meeting was called to order by Mayor Payne. Roll was called as follows: Present: Mayor Absent: None Payne. Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio WORKSHOP CRIMINAL STATISTICS - A comparison with other cities by Police Chief Patterson. Chief Patterso~ made a presentation on crime rate. described various methods of gathering crime statistics. He There being Council, the meeting ADJOURNMENT no further business to come was adjourned at 6:10 p.m. before the ATTEST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz Bakersfield, California, September 28, 1988 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 7:00 p.m., September 28, 1988. The meeting was called to order by Mayor Payne, followed by the Invocation by Mr. Ken Keith, Member of the Board of Deacons, First Assembly of God Church, followed by the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Ratty, Peterson, Salvaggio Smith, McDermott, ments PUBLIC STATEMENTS Ms. Beverly Burke, 1512 8th Street, deferred her state- regarding the Property Maintenance Ordinance. (see page 15) HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield regarding the sale of the Mixing Yard. This hearing has been duly advertised and posted as required by law. Mayor Payne declared the hearing open for public par- ticipation. 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. Adoption of Resolution No. 194-88 of the Council of the City of Bakersfield authorizing the sale of surplus real property (the Mixing Yard) and finding that such sale is in the best interests of the City. Approval of Contract No. 88-240 with Brian Pratt, Purchase and Receipt for Deposit on sale of mixing yard. Upon a motion by Councilmember DeMond, Resolution No. 194-88 of the Council of the City of Bakersfield was adopted and Contract No. 88-240 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None None Noes: Abstain: Absent: Bakersfield, California, September 28, 1988 - Page 2 This is the time set for a public hearing for the purpose of receiving input that identifies "unmet public transportation needs which could be reasonably met" within the City of Bakersfield. This hearing has been duly advertised and posted as required by law. Steve Walker, City Traffic Engineer, updated the Council. Mayor Payne declared the hearing open for public par- ticioation. Henrv McCarthy requested additional service in the area of Oswell qtreet and Columbus Street to Fairfax Road, Panorama Drive and University Avenue. No protests or objections being received, and no one else wishin~ to speak, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Council~nember OeMond directed staff to meet with Mr. McCarthy and representatives from GET regarding routes in that area. Adoption of Resolution No. 195-88 of the Council of the City of Bakersfield finding that there are no unmet public transportation needs which could be reasonably met. Upon 195-88 of the the following a motion by Councilmember DeMond, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Adoption of Resolution No. 196-88 of the Council of the City of Bakersfield authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act Funds for Fiscal Year 1988-89. Upon 196-88 of the the following a motion by Councilmember DeMond, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Bakersfield, California, September 28, 1988 - Page 3 This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within the territory designated as Panama No. 8, proposed to be annexed to the City of Bakersfield. (Ward No. 1) This hearing has been duly advertised, posted and the oroperty owners notified as required by law. Planning Director ~ardisty provided an update. Mayor Payne declared the hearing open for public par- ticioation. 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. Adoption of Resolution No. 197-88 of the Council of the City of Bakersfield making findings that no written protest has been filed and ordering the ter- ritory designated as Proceeding No. 967, Annexation No. 319 (Panama No. 8), annexed to the City of Bakersfield. Upon 197-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None None Ratty, Peterson, This is the time set for a public hearing to consider an appeal by Shandon Investment Group to the decision of the Planning Commission denying their request for time extension of Tentative Tract Map 4668. 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. Robert Wadsworth, Shahdon Investment Group, spoke in support and asked for a time extension to March 31, 1990. Jim Rummell, spoke in opposition of the time extension and submitted 14 pictures; William Dahleen, 5913 Meadow Oaks Court, voiced concerns about the slope/soils report. Bakersfield, California, September 28, 1988 - Page 4 Terry Bartells, 3425 Stoney Brook Road, voiced concerns of land being used as a dumpsite and the possibility of restricting four-wheel traffic in that area. Wayne Robertson, expressed concerns about cutting soil slope to build a house and wants to know ~vhat will be done to maintain the soil at its present level. Micki Sims asked the Council to carefully review the soil and engineering ~eports. Don Edwards stated that they purchased a view lot. Charlott Edwards stated that the lots were sold as view lots and that there is a soils problem. Robert Wadsworth, spoke ia rebuttal, in support. The following spoke in rebuttal in opposition: Terry Bartells, 3425 Stoney Brook Road; Jim Rummel; Wayne Robertson, 5917 Meado~¢ Oaks Court; Henry McCarthy; No further ufotests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public oortion of the hearing for Council deliberation and action. Upon a motion by Councilmember Smith, action on this issue was delayed while the property owners and the developer met with staff. Council discussion on this hearing continued on Page 8. Mayor Payne recessed the ,neeting at 8:10 p.m., the meet- ing reconvened at 8:15. This is the time set for a public hearing to consider an appeal by Mr. Joseph Gannon to the Planning Commission's decision to change the zoning in and along the Kern River to be consistent with the primary floodplain identified by the State of California Reclamation Board and secondary floodplains identified by Stetson Engineering. 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 par- ticipation. Bakersfield, California, September 28, 1988 - Page 5 Tim Gannon, 2414 Rio Vista Drive, ~poke 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. Councilmember DeMond made a motion to uphold the deci- sion of the Planning Commission, adopt the Negative Declaration and the zoning. The motion was approved by the following vote: Ayes: Councilmembers Smith, DeMond, Ratty, McDermott, Salvaggio Noes: Councilmember Childs Abstain: None Absent: None Peterson, Adoption of Ordinance No. 3181 of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield located generally along the Kern River from an R-1 (One Family dwelling) Zone, R-2-D (Limited Multiple Family Dwelling/ Design Overlay) Zone, C-0 (Commercial and Professional Office) Zone, C-2-D (Commercial/Design Overlay) Zone, M-1 (Light Industrial) Zone, M-1-D (Light Industrial/Design Overlay) Zone, A (Agricultural) Zone, OS (Open Space) Zone, FP-S (Flood Plain-Secondary) Zone and FP-P (Flood Plain-Primary) Zone to an FP-P (Flood Plain-Primary) Zone, FP-S (Flood Plain-Secondary) Zone, R-1-FP-S (One Family Dwelling-Flood Plain-Secondary) Zone, R-2-D-FP-S (Limited Multiple Family Dwelling-Design Overlay-Flood Plain- Secondary) Zone, C-2-D-FP-S (Commercial- Design Overlay-Flood Plain-Secondary) Zone, a, M-1-D-FP-S (Light Industrial- Design Overlay-Flood Plain-Secondary) Zone A-FP-S (Agricultural-Flood Plain-Secondary) Zone and OS-FP-S (Open Space-Flood Plain- Secondary) Zone, A (Agricultural) Zone and OS (Open Space) Zone. Upon a motion by Councilmember DeMond, Ordinance No. 3181 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, DeMond, Ratty, Peterson, McDermott, Salvaggio Councilmember Childs None None Noes: Abstain: Absent: Bakersfield, California, September 28, 1988 - Page 6 REPORTS Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 7-88 regarding Street Faire and Sidewalk Sale Ordinance as follows: The Council received a letter from Cathy Butler, Executive Vice-President of the Downtown Business Association, requesting revision of Ordinance 3069 to allow additional dates for street faires and sidewalk sales. The Committee reviewed their request and recommended the ordinance be amended to raise the allowable usages from 8 to 12 per year. The amended ordinance is attached and if approved should be considered as first reading. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 7-88 was accepted. First Reading of an Ordinance of the Council of the City of Bakersfield amending Section 12.44.031 D. of the Bakersfield Municipal Code relating to special permits for downtown promotions. Upon a motion by Councilmember Peterson, recommendations ~ithin Auditorium and Community Services Committee Report No. 7-88 were implemented. Councilmember McDermott, Chairperson of the Urban Development Committee, read Report No. 7-88 regarding Amendment to Landfill Gas Lease Agreement with Pacific Energy Corporation as follows: On July 6, 1988, the City Council referred to the Urban Development Committee correspondence from Pacific Energy Corporation requesting the amendment of Agreement No. 83-19 with the City of Bakersfield. The Committee has reviewed this matter with staff and is aware that the amendment is being requested by Pacific Energy as a result of economic losses suffered under the present agreement. Pacific Energy has operated this project since 1983 and has experienced sub- stantial losses due to lower than anticipated levels of landfill gas available to generate electricity. Bakersfield, California, September 28, 1988 - Page 7 In order for Pacific Energy to economically continue to operate the energy recovery program for the City, staff has recommended that the agreement be amended to include the following: The royalty payment be reduced to $100.00 per year for the period through 1994 with the right to renegotiate the royalty after 1994. Pacific Energy provide the City annual income and expense reports. 3. Notice of termination by Pacific Energy be extended from 30 to 60 days, to provide adequate time for the City to transfer operating control of the landfill, if necessary. 4. The existing flare become the property of the City upon termination of the lease. Due to the interest on the part of the City for a continuation of the energy recovery operations at the former Bakersfield Municipal Landfill, the Committee recommends that the agreement be amended as indicated above and the Mayor be authorized to execute the amended agreement between the City of Bakersfield and Pacific Energy Corporation. Upon a motion by Councilmember McDermott, Urban Development Committee Report No. 7-88 was accepted. Approval of Agreement No. 88-234 with Pacific Energy Corporation, First Amendment to Landfill Gas Lease Agreement No. 83-19 for operation of the gas recovery system at the Bakersfield Landfill. Upon a motion by Councilmember McDermott, recommenda- tions within Urban Development Committee Report No. 7-88 were implemented and the Mayor authorized to execute the Agreement. Councilmember Childs, Chairperson of the Personnel Committee, read Report No. 16-88 regarding revisions to the Miscellaneous Civil Service Board Rules and Regulations as follows: The Personnel Committee met on September 7, 1988 to discuss the revisions to the Miscellaneous Civil Service Board rules and regulations. The Board had previously adopted the rules and regulations in an effort to have consistency among the Civil Service Boards and the City Charter. Such changes for consistency have been promoted by this Committee and the entire Council. Bakersfield, California, September 28, 1988 - Page 8 The attached rules are identical in substance to those submitted to the Council on August 31, 1988, but Rule 8.04 contains some wording changes for purposes of clarification. Both the Civil Service Commission and the union agree with the changes. It should be noted that the Personnel Committee strongly supports Rule 3.01.b.3 regarding members of the Miscellaneous Civil Service Board not sittinq as oral examination raters. While the Committee agrees at this time that the Commissioners may sit in on examinations as observers, they will continue to monitor this part of the issue to determine its long-term impact. The Personnel Committee this report and Council rules and regulations. requests acceptance off adoption of the revised Upon a motion by Councilmember Childs, Personnel Committee Report No. 16-88 was .accepted. Upon a motion by Councilmember Childs, recommendations within Personnel Committee Report No. 16-88 were implemented by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, HEARINGS Upon a motion by Councilmember Smith, Council resumed discussion of Hearing on an Appeal by Shandon Investment Group from Page 4. Assistant Planning Director Grady stated that the two parties have reached an agreement and the Developer has agreed to building single family housing on lots 14, 15, 16, 17, and 18 of Phase B of the project, and lim£t the pitch of the roof to 4½ to l. Robert Wadsworth, Genera] Partner of Shandon Investment Group, stated for the record that they are agreeable to the impo- sition of restriction to one-story homes on lots 14 through 18 of Phase B, with the restriction to 4~ to 1 slope on the roofs of the homes being built on those lots. Mr. Wadsworth also requested the extension of time be extended to March 31, 1990. Upon a motion by Councilmember Smith, the extension of time to March 31, 1990 was granted, subject to conditions recom- mended in staff report dated August 8, 1988; and homes to be limited to one-story on lots 14, 15, 16, 17, and 18, Phase B and the pitch of roof be limited to 4½ to 1, was approved by the fol- lowing vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Bakersfield, California, September 28, 1988 - Page 9 REPORTS Councilmember Childs, Chairperson of the Personnel Committee, read Report No. 17-88 regarding new and revised job specifications as follows: At its meeting on September 7, 1988, the Personnel Committee approved two new job specifications for Fire Inspector and Planning Technician - Hazardous Materials. These are civilian jobs approved in the 1988-89 budget for the Fire Department. This action has also been approved by the Fire Civil Service Board. The Committee recommends that the Council approve the attached job specifications and salary resolution to complete this action. Upon a motion by Councilmember ChiLds, Personnel Committee Report No. 17-88 was accepted. Adoption of Resolution No. 198-88 of the Council of the City of Bakersfield Amending the Resolution No. 10-88 set- ting salaries and related benefits for officers and employees of the City of Bakersfield. (Fire Inspector and Planning Technician - Hazardous Materials) Upon a motion by Councilmember Childs, recommendations within Personnel Committee Report No. 17-88 were implemented and Resolution No. 198-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Report No. 40-88 regarding Cable Television Update as follows: Several months ago, the Council referred two items regarding Cable Television Service to the Budget and Finance Committee for review. These were the placement of pedestals (metal boxes containing cable equipment) in residential areas by the cable companies, and cable company access to trenches in areas of new construction. Bakersfield, California, September 28, 1988 - Page 10 The Committee has reviewed these issues with representatives of Warner and Cox Cable companies and the Building Industry Association (BIA). After much discussion with these groups and staff, the Committee has asked the City Attorney to research possible cable television regulations pertaining to the aforementioned issues. This report is to inform the Council that we will continue to meet with the interested parties to discuss these matters. While no action is required at this time, we wanted to advise you of our progress. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 40-88 was accepted. Councilmember Salvaggio clarified his vote stating he appreciates the update. He wants to be sure what he is seeing is that Council is asking the City Attorney's Office to look into some legal remedies that can be pursued regarding these problems. Councilmember Peterson clarified his vote stating he appreciates the Committee making a "stab in the dark" in working hard at this problem. Councilmember McDermott. read Budget and Finance Committee Report No. 41-88 regarding Amendment to Agreement No. 88-225 with the Greater Bakersfield Convention and Visitors Bureau to Provide Convention and Visitor Services as follow: The City Council referred to the Budget and Finance Committee correspondence from the Greater Bakersfield Chamber of Commerce regarding a proposal to provide visitor services. The Committee reviewed the proposal with staff, who indicated that visitor services were to become part of the expanded responsibility of the Greater Bakersfield Convention and Visitors Bureau, as recommended in Budget and Finance Committee Report No. 25-87. The Committee met with representatives of the Chamber of Commerce and the Convention and Visitors Bureau to discuss a combined effort for visitor services. The result was a combined proposal from both groups which included the following items: The City will provide $17,000 to the Convention and Visitors Bureau to pay for a visitor receptionist and visitor related postage costs. These monies are available from the 1987-88 Convention and Visitors Bureau contract. Bakersfield, California, September 28, 1988 - Page 11 The Convention and Visitors Bureau will enter into a cooperative agreement with the Chamber of Commerce to provide these services, as the Chamber's reception area is the best location for visitor contact. o Management of this function and personnel will be at the discretion of the Chamber in cooperation with the Convention and Visitors Bureau. The center will provide general information to all walk-in, telephone, and mail inquiries. Visitor data will be collected for use by both the Chamber of Commerce and Convention and Visitors Bureau. 5. The center will act as the reception area for the Convention and Visitors Bureau. The fundinq for this proposal was provided frown monies unexpended by the Convention and Visitors Bureau during 1987-88. This one-time fundin9 will provide for the visitor center to be operated on a test basis through June, 1989. At that time, it will be evaluated for continued fundin9. Therefore, this Committee recommends that the Mayor be authorized to execute the amendment to Agreement No. 88-225 with the Convention and Visitors Bureau to provide convention and visitor services, and that monies unexpended during 1987-88 be dedicated to fund this amendment for 1988-89. Upon a motion by Councilmember McDermott, Budget and Finance Committee RePort No. 41-88 was accepted. Approval of Agreement No. 88-235, Amendment to Agreement No. 88-225, with the Greater Bakersfield Convention and Visitors Bureau to Provide Convention and Visitor Services. Upon a motion by Councilmember McDermott, recommenda- tions within Budget and Finance Committee Report No. 41-88 were imDlemented and the Mayor authorized to execute the Agreement. Councilmember Peterson, Chairperson of the Auditorium and Community Services Committee, read Report No. 8-88 regarding complaint on Mesa Marin Softball as follows: At the July 27, 1988 City Council meeting, the issue of scheduling and operation at Mesa Marin (Bakersfield Municipal Sports Complex) was re- ferred to the Auditorium and Community Services Committee. On August 8, 1988, the Committee met with Staff and representatives of concerned softball teams to discuss this issue. Bakersfield, California, $eQtember 28, 1988 Page 12 After much review of recreation policies and the issues raised by softball players, it was deter- mined that Recreation Staff should meet with everyone concerned to work out an agreeable solution. On August ll, 1988, Staff met with members of the softball teams and after much discussion an agreement ~as reached on the operation of Mesa Marin and the softball program. Based on the above information and because of a favorable agreement of all concerned, it is the recommendation of this Committee that no further action be taken. Upon a motion by Councilmember Peterson, Auditorium and Community Services Committee Report No. 8-88 was accepted. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 1075 to 1599 inclusive, in the amount of $2,715,971.25. do Communications: Communication from Gannon Enterprises, Inc., dated August 11, 1988, regarding Letter of Compliance, G. C. 65863.10 for Alta Cresta Arms Apartments, 222 Goodman, Park Real Apartments, 414 Real Road, and Villa San Dimas Apartments, 601 36th Street. (RECEIVE AND REFER TO COMMUNITY DEVELOPMENT). Communication from Georgia Lynn, Georgia Lynn Theatre of Dance Arts, 3605 Mt. Vernon Avenue, dated September 12, 1988, regarding their letter to S.T.E.P.S. requesting relocation of establishment. (RECEIVE AND REFER TO POLICE DEPARTMENT). Claim for Damages and Personal Injuries from Inter-insurance E~:change of the Auto Club of Southern California, P.O. Box 25001, Santa Ana. (REFER TO CITY ATTORNEY) Dedication of Properties: Grant Deed from California Harvest Shops, Incorporated, for a portion of the Carrier Canal property westerly of Mohawk Street and southerly of Truxtun Avenue. Bakersfield, California, September 28, 1988 Page 13 Grant Deed from B.L. Dickinson, et al. for the reconstructed slope north of Tract 3933 which lies within Maintenance District 18. Individual Grant Deeds from James A. Shultis. Individual Grant Deed from Elizabeth M. Tippet. Individual Grant Deed from Patricia Burns Gebhardt. Final Map and Improvement Agreements Nos. 88-236 and 88-237, with Dennis W. DeWalt, Inc., for Tract 5034, Phase 2, for 40 lots on 9.75 acres located east of Calloway Drive and south of Hageman Road. Granting of a temporary entry permit to the State of California, Department of Water Resources, for access in the City's 2800 Acre Recharge Area. Notices of Completion and Acceptance of Work for the following projects: Resurfacinq Garces Circle, City Contract No. 88-162, was completed on September 20, 1988. 2 o Construction of street improvements on Wible Road between Auto Mall Drive and Panama Lane, City Contract No. 88-135, ~as completed on September 7, 1988. Construction of sanitary sewer system for Fire Station No. 11, 7000 Stockdale Highway, City Contract No. 88-133, was completed on September 7, 1988. ReiDcation of De-Rancho-Y Mobilehome Park Facilities adjacent to Wible Road and installation of masonry walls in Tract 4615, City Contract No. 88-71, was completed on September 7, 1988. Approval of Plans and Specifications for the following projects: Traffic signal system on District Boulevard at Stine Road. Construction of a reinforced concrete box culvert on Owens Street at Eastside Canal, and a reinforced concrete box culvert on La France Drive at Kern Island Canal. Bakersfield, California, September 28, 1988 - Page 14 Agreement No. 88-238 between State of California Contracts Officer of California State University, Bakersfield, for use of the City Police Pistol Range. Agreement with Goodyear Taylor Tire and Brake for tires and alignment service for City vehicles. Agreement No. 88-239 with Mr. Charles H. Berger for installation of a traffic signal at the intersection of Ming Avenue and Valhalla Drive. Oo Accept low bid for conflict monitors with cabinet and controller units for General Services from Traffic Control Technologies in the amount of $17,536.64 and reject all other bids. Award Annual Contract No. 38-268 for office supplies to Boise Cascade Office Products in the amount of $14,335.51 and reject other bid. Upon a motion d, e, f, g, h, i, j, k, Calendar were approved by Councilmember Salvaggio, Items a, 1, m, n, o, and p of the Consent by the following vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, $alvaggio None None None Peterson, ACTION ON BIDS Approval of Agreement No. 88-241 with Granite Construction for reconstruction of College Avenue between Fairfax Road and Tangerine Street. Upon a motion by Councilmember Smith, the low bid Granite Construction Company in the amount of $57,734.00 for Base Bid was accepted, all other bids rejected and the Mayor authcrized to execute the contract. Adoption of Resolution No. 199-88 of the Council of the City of Bakersfield determining that certain portable radios can be reasonably obtained from only one vendor, Motorola C & E and authorizing the Finance Director to dispense with bidding therefor, not to exceed $30,000.00. from the Bakersfield, California, September 28, 1988 - Page 15 Upon a motion by Councilmember DeMond, Resolution No. 199-88 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Noes: None Abstain: None Absent: None Peterson, DEFERRED BUSINESS Adoption of Resolution No. 200-88 of the Council of the City of Bakersfield ordering the vacation of the alley in Blocks 220 and 221 of the Godey Tract from "V" Street to Union Avenue in the City of Bakersfield. This issue was deferred from a public hearing held on SeDtember 14, 1988. Upon 200-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Ayes: Noes: Abstain: Absent: Councilmembers None None None Smith, ChiLds, DeMond, McDermott, Salvaggio Ratty, Peterson, Adoption of Ordinance No. 3182 of the Council of the City of Bakersfield adding Chapter 8.27 to the Bakersfield Municipal Code relating to property maintenance. This proposed Ordinance was before the Council on August 31, 1988 and September 14, 1988. Beverly Burke, 1512 18th Street, member of Downtown Business Association and Chairperson of the Beautiful Bakersfield Committee, reemphasied that it is difficult to keep existing businesses or attract new businesses in a downtown that has burned-down buildings. She urged the Council to expedite the enforcement of this Ordinance. Upon a motion by Councilmember McDermott, Ordinance No. 3182 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, September 28, 1988 - Page 16 Councilmember Salvaggio clarified his vote stating he feels this is a very important Ordinance. He is proud to support this Ordinance and is pleased that the Council has adopted it. Adoption of Ordinance No. 3183 of the Council of the City of Bakersfield amending Section 12.56.100 B. of the Bakersfield Municipal Code relating to park facility reservations. This Ordinance was giwen first reading at the meeting of September 14, 1988. Upon a motion 3183 of the Council of following vote: by Councilmember Peterson, Ordinance No. the City of Bakersfield was adopted by the Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson, McDermott, Salvaggio None None Noes: Abstain: Absent: Zoning Resolution No. 363 of the Council of the City of Bakersfield approving a modification requested by Contel Cellular, Inc., affecting that certain property as hereinafter described and zoned M-2 (General Manufacturing) to permit a 198-foot high antenna tower where the maximum allowed height is 180 feet on that certain property commonly known as 5220 Woodmere Drive. This following the 1988. Resolution sets forth the decision of the Council public hearing on the matter held on August 31, Upon a motion No. 363 of the Council the following vote: by Councilmember Ratty, Zoning Resolution of the City of Bakersfield was adopted by Ayes: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None None None Peterson, Zoning Resolution No. 364 of the Council of the City of Bakersfield approving a modification requested by Gary Olson, affecting that certain property as hereinafter described and zoned C-C (Civic Center) and C-2 (Commercial) to permit the installation of a microwave relay station on the top of an existing building with a height of 141 feet where the existing allowed height is 136 feet on that certain property commonly known as 1430 Truxtun Avenue. Bakersfield, California, September 28, 1988 - Page 17 This Resolution sets forth the decision of the Council following the public hearing on the matter held on August 31, 1988. Upon a motion by Councilmember Ratty, Zoning Resolution No. 364 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Subdivision Resolution No. 9 of the Council of the City of Bakersfield granting the appeal by Bennie C. Blair from the decision of the Planning Commission denying Tentative Parcel Map No. 8813, affecting those certain properties located on the northwest corner of Chico and Gage Streets. This following the 1988. Resolution sets forth the decision of the Council public hearing on the matter held on September 14, Upon a motion by Councilmember Salvaggio, Subdivision Resolution No. 9 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: None Ratty, Peterson, NEW BUSINESS Adoption of Resolution 201-88 of the Council of the City of Bakersfield opposing Measure "P" on the November 8, 1988 ballot. Upon a motion by Councilmember McDermott, Resolution No. 201-88 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: None Ratty, Peterson, Councilmember McDermott stated that it is the Council's intent, by adopting Resolution No. 201-88, to allow the group "Stop Landfill Abuse Mismanagement (SLAM)" the use of the City of Bakersfield in their arguments or publications in opposition to Measure P. Bakersfield, California, September 28, 1988 - Page 18 Adoption of Resolution No. 202-88 of the Council of the City of Bakersfield providing for the adjustment of property tax revenues upon local agency juris- dictional change resulting from Annexation No. 326, LAFCO Proceeding No. 978, Casa Loma No. 2 (Ward 1). Upon 202-88 of the the following a motion by Councilmember Childs, Resolution No. Council of the City of Bakersfield was adopted by vote: Aves: Noes: Abstain: Absent: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio None None None Ratty, Peterson, Adoption of Resolution No. 203-88 making findings and adopting the Negative Declaration for Cross-Valley Canal Truxtun Lake Pipeline and Improvements. (State Clearinghouse Number 88080805) Gene Bogart, Director of Water Resources, provided an u~date on this project. Upon a motion by Councilmember Ratty, Resolution No. 203-88 of the Council of the City of Bakersfield making flndings and certifying the Negative Declaration was adopted by the fol- lowing vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Abstain: None Absent: None Ratty, Peterson, Approval of Agreement No. 88-242 for Sewer Reimbursement Agreement for Assessment District 86-1 (Panorama Highlands). Upon a motion by Councilmember Smith, Agreement No. 88-242 was approved and the Mayer authorized to execute the Agreement. 1991 Airport Managers' Conference. Upon a motion by Councilmember DeMond, support for the Convention Bid for the 1991 Airport Managers Conference to be hosted bV Bakersfield and to request that the Honorable Mayor issue an invitation to all attendees, was approved. COUNCIL STATEMENTS Councilmember Smith stated that Councilmember McDermott will be the alternate voting member at the League of California Cities Conference. Bakersfield, California, September 28, 1988 - Page 19 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeMond, the meeting was adjourned at 9:36 p.m. MAYOR of the City of B~kersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California bz