HomeMy WebLinkAbout08/31/1988 MINUTES CCBakersfield, California, August 31, 1988
Minutes of the Special Meeting the Council of the City
of Bakersfield, California, for the purpose of a Closed Session
held in the Council Chambers of City Hall, 1501 Truxtun Avenue,
at 5:15 p.m., August 31, 1988.
The meeting was called to order by Mayor Payne.
City Clerk Williams called the roll as follows:
Present:
Mayor Payne.
Absent: None
Councilmembers DeMond, Smith, Ratty,
Peterson, McDermott
$alvaggio, Childs (seated
at 5:25 p.m.)
CLOSED SESSION
Upon a motion by Councilmember Peterson, Council
adjourned to the City Manager's Conference Room for Closed
Session.
Closed Session pursuant to Government
Code Section 54956.9(a) regarding
Butler/Perez vs. City of Bakersfield.
Closed Session pursuant
Code Section 54956.9(a)
vs. City of Bakersfield.
to Government
regarding Miner
Closed Session pursuant to Government
Code Section 54956.9(a) regarding
Madsen vs. City of Bakersfield.
Closed Session pursuant to Government
Code Section 54956.9(a) regarding
Alvears/Coats vs. City of Bakersfield.
Closed Session pursuant to Government
Code Section 54956.8 regarding acquisition
of Real Property for Airport Expansion
(APN 170-030-11, 410 East Planz Road,
Water-Ways Irrigation Engineers, Inc.)
Closed Session pursuant to Government
Code Section 54957 regarding Performance
Evaluation of City Attorney.
Mayor Payne recessed the Closed Session to the conclu-
sion of the regular meeting at 6:36 p.m.
Closed Session reconvened at 11:20 p.m.
Upon a motion by Councilmember Childs, Art Saalfield was
granted permanent status as City Attorney.
Bakersfield, California, August 31, 1988 - Page 2
ADJOURNMENT
There being no further business to come before
Council, the meeting was adjourned at 12:07 a.m.
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, August 31, 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., August 31, 1988.
The meeting was called to order by Mayor Payne, followed
by the Invocation by Senior Reverend Robert Johnson, First
Assembly of God Church, followed by the Pledge of Allegiance.
City Clerk Williams called the roll as follows:
Present: Mayor Payne.
Councilmembers Childs, DeMond, Smith,
Ratty, Peterson, McDermott,
Salvaggio
Absent: None
MINUTES
Upon a motion by Councilmember Peterson, Minutes of the
Special Meetings of June 22, 1988 (5:15 p.m. and 5:55 p.m.) and
the Regular Meeting of June 22, 1988, were approved with a cor-
rection to reflect Councilmember Peterson absent at these
meetings.
PRESENTATION
Presentation of plaque to Christine Bellmet for her
paper, "John Muir: Sentinel of the Frontier of American
Wilderness Areas". Miss Bellmet was awarded the Louis H.
Heilbron award by the California Historical Society in May of
this year. The presentation from the Mayor was requested by
Barry Hand, Principal Planner, City of Bakersfield.
Mayor Payne read a letter addressed to Mr. Richard
Ferris, Principal of Stockdale Christian School, from the
President of the California Historical Society, and presented
Miss Christine Bellmer with a plaque.
PUBLIC STATEMENTS
Mr. Vic Salazar, KGET TV 17, 2831 Eye Street, spoke
regarding proposal of a City Motto. Mr. Salazar submitted a list
of mottos from the community for consideration and adoption by
the Council.
Upon a motion
mottos was referred to
Committee for review.
by Councilmember Ratty, the list of City
the Auditorium and Community Services
Ms. Carole Dykes, 2222 So. "O" Street, spoke in opposi-
tion to the property maintenance ordinance.
Mr. Tom Fallgatter, 5401 Business Park South, deferred
his statement regarding Hazardous Waste Plan until the hearing.
Bakersfield, California, August 31, 1988 - Page 2
HEARINGS
This is the time set for a public hearing
to consider a request from Contel Cellular,
Inc., for a modification to permit an 198-
foot antenna tower where the maximum allowed
height is 180 feet in an M-2 (General
Manufacturing) Zone. The site is located at
5220 Woodmere Drive, approximately 1/4 mile
west of Stine Road and 1/4 mile south of the
extension of Pacheco Road.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Payne declared the hearing open for public par-
ticipation.
Mr. David Blaha, Contel Cellular Inc., 3257 N. Marks,
Fresno, spoke in support and asked that the request be approved.
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 McDermott the modifica-
tion to permit an 198-foot tower was approved subject to the con-
dition that a red light be used to mark the tower by the
following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, $alvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
This is the time set for a public hearing
to consider a request for a modification
by Gary Olson 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 in a C-C (Civic Center) and
C-2 (Commercial) Zone, located at 1430
Truxtun Avenue.
This hearing has been duly advertised, posted and the
property owners notified as required by law.
Mayor Payne declared the hearing open for public par-
ticipation.
Mr. Gary Olson, representative of C.T.I. and Truxtun
Tower Associates, spoke in support of the modification.
Mr. Ron Bianci, Communications Transmission, Austin, TX,
spoke in support of the modification.
Bakersfield, California, August 31, 1988 - Page 3
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.
with
vote:
Upon a motion by Councilmember Childs, the modification,
the appropriate findings, was approved by the following
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
This is the time set for a public hearing
to consider adoption of the Kern County
and Incorporated Cities Hazardous Waste
Management Plan.
This hearing has been duly advertised and posted as
required by law.
Upon a motion by Councilmember DeMond,
Planning and Development Services Director, Mr.
was recognized to speak.
Kern County
Randall Abbott,
Mr. Abbott stated that they are the lead agency for
the preparation of the County Hazardous Waste Management Plan
prepared by the Local Advisory Committee. The Plan is a result
of the Tanner Legislation which requires all counties and certain
cities in the state to adopt a hazardous waste management plan.
The Tanner Plan must be submitted to the State by the end of
September, 1988. He stated that this is a very important project
and asked the Council to adopt the plan.
Mr. Ted James, Planning Division Chief, provided an
overview of the Hazardous Waste Management Plan.
Mayor Payne declared the hearing open for public partic-
ipation.
Mr. John Means, Chairperson of the Kern County Valley
Action Network, spoke in support of the Hazardous Waste Manage-
ment Plan.
Mr. Tom Fallgatter spoke in support of the Hazardous
Waste Management Plan.
Mr. Paul Kronenberg, representative of the Chamber of
Commerce, spoke in opposition to the Hazardous Waste Management
Plan. He asked that the County make changes to the Plan before
the Council approves the Plan.
Mr. Randall Abbott spoke in rebuttal.
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 deliberation and action.
Bakersfield, California, August 31, 1988 - Page 4
Councilmember Peterson read a letter received from the
Kern Economic Development Corporation requesting postponment of
any action by the Council on the Hazardous Waste Management Plan
until the Kern Economic Development Corporation had an oppor-
tunity to review the critical points as stated by the Chamber of
Commerce.
Councilmember DeMond made a motion to adopt the
Hazardous Waste Management Plan.
Councilmember DeMond made a motion to call for the
question. The motion failed.
Upon a motion by Councilmember Ratty, Mayor Payne
recessed the meeting at 9:36 p.m. The meeting reconvened at 9:45
p.m.
Councilmember Childs made a motion to call for the ques-
tion. The motion failed by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Childs, DeMond, Ratty
Councilmembers Smith, Peterson, McDermott,
None
None
Salvaggio
Councilmember Peterson made a substitute motion to con-
tinue the public hearing and refer the Plan to the Urban
Development Committee. The motion failed by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith,
Councilmembers Childs,
None
None
Peterson, McDermott
DeMond, Ratty, Salvaggio
Upon a motion by Councilmember Childs, the call for the
question was approved.
Mayor Payne restated Councilmember DeMond's motion to
approve the Hazardous Waste Management Plan. The motion was
approved by the following vote:
Ayes: Councilmembers Childs, DeMond, Ratty, Salvaggio
Noes: None
Abstain: Councilmembers Smith, Peterson, McDermott
Absent: None
REPORTS
Assistant City Manager Strenn paraphrased the following
report, Miscellaneous Civil Service Board Report No. 1-88,
regarding changes to Miscellaneous Civil Service Board Rules and
Regulations.
Over the past several months, the Miscellaneous
Civil Service Board has reviewed four of its
rules and amended them to insure that the rules
for its miscellaneous employees are consistent
with the two other Civil Service Boards and the
Charter.
Bakersfield,
California,
August 31, 1988
- Page 5
RULE 6.07 TERMINATION OF AN ELIGIBLE LIST
This rule was updated to allow the Civil Service
Board the discretion to terminate an eligibility
list after a minimum of one year. This is
consistent with the Fire and Police Civil Service
Boards' rules.
"An eligible list may be terminated by the Board
whenever fewer than three names remain on the
list, or after a minimum of one year following
the date of certification."
RULE 5.14 RECORDS OF EXAMINATION
The language in this rule referring to a two
year eligibility list was eliminated to be in
compliance with revised Rule 6.07, which
allows the Civil Service Board the discretion
to terminate an eligibility list after a
minimum of one year.
"The Board shall preserve
the eligible list (two (2)
records of examination:"
for the duration of
years) the following
RULE 8.04 SEPARATION OF A PROBATIONER
This rule was revised to be consistent with the
language in the Charter.
"A probationary employee may be separated from
the City at any time during the probationary period
without right of appeal of hearing.
A probationary employee not holding a permanent
position at the time of his/her appointment to
another position in the City's classified
service may be discharged at any time during the
probationary period without cause, right of
appeal or hearing. Should any employee holding
a permanent position at the time of promotion
fail to complete the promotional probationary
period, he/she shall return to his/her former
permanent position."
RULE 3.01.b.3 THE BOARD
This change is included in the Charter revision,
and is recommended in anticipation of the Charter
change, and to maintain consistency and conformance
with the other two Civil Service Boards.
"The Civil Service Board for the Miscellaneous
Deoartments consists of five board members as
prescribed in Section (209)2 of the City Charter.
The Board shall have the authority and respon-
sibility to:
Bakersfield,
California,
August 31, 1988
- Page 6
(a) Enforce and interpret these rules and
regulations.
(b)
Have charge of all matters to the preparation
and conduct of examinations, and in this
connection shall:
1) Determine the examination to be conducted.
2)
Prepare and post bulletins announcing
examinations.
3)
Make arrangements for and supervise the
conduct of the examinations, appointing
such experts, special examiners, and
other persons as it may deem necessary.
No member of this Board shall sit as a
member of the rating panel for any oral
examination."
The Miscellaneous Civil Service Board requests
the City Council's adoption of these revised
rules.
Upon a motion by Councilmember Childs, Miscellaneous
Civil Service Board Report No. 1-88 was referred to the Personnel
Committee for review.
Councilmember Peterson, Chairperson of the Auditorium
and Community Services Committee, read Report No. 6-88 regarding
Patriots Park Reservation - International Art Faire as follows:
At the July 8, 1988, City Council Meeting, the
issue of reserving Patriots Park for an Inter-
national Art Faire and Food Festival was referred
to the Auditorium and Community Services Committee.
On August 16, 1988, the Committee met with staff
and Leo Whitecotton of the Artisan's Guild to
discuss this issue.
Currently, Mr. Whitecotton is allowed to reserve
Patriots Park 120 days (4 months) in advance. He
has asked to be allowed an extension to 210 days
(7 months) so that he can pre-plan and inform the
artists and exhibitors of future fairs. City
staff indicated there would be little or no
problem with administering this request.
Based on the above information, it is the recom-
mendation of this Committee that the ordinance be
amended to allow reservation of park facilities
from 120 days to 210 days.
Upon a motion by Councilmember Peterson, Auditorium and
Community Services Committee Report No. 6-88 was accepted.
Upon a motion by Councilmember Peterson, recommendations
within Auditorium and Community Services Committee Report No.
6-88 were implemented.
Bakersfield, California, August 31, 1988 - Page 7
Councilmember Ratty, Chairperson of the Budget and
Finance Committee, read Report No. 37-88 regarding a proposed
office/cabinet shop development at 1120 Chico Street as follows:
C.T. and Robert R. Salas are proposing to acquire
the property at 1120 Chico Street and construct
an office and cabinet shop. They are requesting
a loan in the amount of $114,500 from the City's
Community Development Block Grant Program at an
interest rate of 9% for a term of 15 years.
The Salas' propose to construct a 3500 square
foot metal building on the 22,500 square foot
parcel. The applicant, working with the
Bakersfield Minority Business Center (MBC),
had projected that the business net profit
will improve once it is established at the new
location.
An independent appraisal shows that their project,
once completed, will be valued at $150,000. This
project will add 7 new jobs.
The Salas' propose to create their equity in the
project by performing the labor, and in some cases
provide the materials needed to complete a par-
ticular item of construction.
The total cost of the project is $152,150, the
City's share equals 75.2% or $114,500 and the
company's share is $37,650 or 24.8%.
This project is located within the boundaries
of the Southeast Enterprise Zone.
Therefore, it is recommended that the Mayor be
authorized to execute the agreement between
C.T. and Robert Salas containing the following
items:
The City will provide the Salas' with
$114,500 with monthly payments deferred
for 12 months after the execution of this
agreement.
o
The Salas' agree to personally operate and
be involved in the day-to-day running of the
business.
The construction of the building be completed
18 months from the execution date.
o
The loan becomes due and payable in full
upon sale or transfer of title.
Upon a motion by Councilmember Ratty, Budget and Finance
Committee Report No. 37-88 was accepted.
Bakersfield, California, August 31, 1988 Page 8
Approval of Agreement No. 88-205 with
Corrello T. and Robert R. Salas, partners,
dba C. T. Salas and Son Construction.
Upon a motion by Councilmember Ratty, recommendations
within Budget and Finance Committee Report No. 37-88 were imple-
mented and the Mayor authorized to execute the Agreement.
The
CONSENT CALENDAR
following items were listed on the Consent Calendar:
Approval of Warrant Nos. 0312 to 0793
inclusive, in the amount of $2,666,016.03.
Communications:
Communication from B. A. Jinadu, M. D.,
M. P. H., Kern County Health Department,
1700 Flower Street, dated August 12,
1988, providing update on current status
of Acquired Immune Deficiency Syndrome
(A.I.D.S.) and is requesting a meeting
with the Council to present appropriate
information. (RECEIVE AND PLACE ON FILE,
SCHEDULED FOR WORKSHOP ON OCTOBER 26,
1988)
Communication from George R. Dickey,
R.C.E. #21534, Alta Engineering Hughes
Surveying, dated August 18, 1988,
requesting canal property adjacent to
Royal Palms Mobilehome Park be declared
surplus. (RECEIVE AND REFER TO FINANCE
DIRECTOR)
Communication from Cathy A. Butler,
Downtown Business Association 1401 19th
Street, #101, received August 22, 1988,
requesting amendment to the Bakersfield
Municipal Code, Section 12.44.031 D. to
allow more than five special permits for
downtown promotions. (RECEIVE AND REFER
TO THE AUDITORIUM AND COMMUNITY SERVICES)
Claim for Damages and Personal Injuries from
the following:
1. Anita Elvira Rodriguez, 2324 Nelson Street;
2. Sean Morgan Edwards, 912 Jeffrey Street;
3. Stanley William McKnight, 43321 Gadsden
Avenue, #625, Lancaster;
4. Helen Katherine Lyannas, 2401 Eric Way;
5. Kenneth Brantley Reed, 4009 Erin Court;
Bakersfield, California, August 31, 1988 - Page 9
6. Mary E. Province, 2526 Parkway;
7. Scott Craig Guerrero, 9409 Greenhaven
Court; and
8. Michelle Marie Schuessler, 2113
Avondale Drive.
(REFER TO CITY ATTORNEY)
d. Dedication of Properties:
Quitclaim Deed to Clifford E. Bressler
for a portion of a drainage retention
basin located east of Abbott Drive,
north of Meacham Road.
Grant Deed from Clifford E. Bressler for
a portion of a drainage retention basin
to be relocated to the northeast corner
of Abbott Drive and Meacnam Road.
Quitclaim Deed to Kern Delta Water
District for canal property located north-
westerly of Planz Road and Stine Road.
Notices Of Completion and Acceptance of Work
for the following projects:
Furnish and install deep well turbine
pump and motor for 2800 Acre Interface
Project Water Well No. 2, City Contract
No. 88-83, was completed on August 15,
1988.
o
Traffic signal system on Fairfax Road
at Panorama Drive, City Contract No.
88-67, was completed on August 19, 1988.
Approval of Plans and Specifications for the
following projects:
Wastewater Treatment Plant No. 2 -
Landleveling of 140 acre parcel.
o
Construction of curb and gutter in the
area bounded by Quincy Street, Virginia
Street, Kentucky Street and Beale Avenue.
Contract No. 88-206, Approval of Program
Supplement No. 30 Rev. 1 to Local Agency-
State Master Agreement No. 06-5109 for
bridge replacement on Stockdale Highway at
the Kern River.
Contract No. 88-207, Approval of Program
Supplement No. 39 to Local Agency-State
Master Agreement No. 06-5109 for bridge
replacement on La France Drive at Kern
Island Canal.
Bakersfield, California, August 31, 1988 - Page 10
k o
mo
Contract No. 88-208, Approval of Program
Supplement No. 40 to Local Agency-State
Master Agreement No. 06-5109 for bridge
replacement on China Grade Loop at the
Kern River.
Agreement No. 88-209, Cooperative Agreement
with the State of California, Department
of Transportation, for installation of a
traffic signal on White Lane at the south-
bound off-ramp of Freeway 99 and widening
the off-ramp to three lanes.
Agreement No. 88-210 with Mawhinney and
Associates Inc., Real Estate Appraiser,
for authorization for appraisal services
in regards to the expansion of the
Bakersfield Airpark.
Agreement No. 88-211 with John and Linda
Ferguson for Concession Services at the
Bakersfield Municipal Sports Complex.
Agreement No. 88-212, Amendment to Agreement
with Gordon Special Services, Inc., dba J & J
Special Services, for Administration of School
Crossing Guard Program.
Service Agreement No. 88-213 with National
Urban Fellows, Inc.
Full Reconveyance for Home Improvemenn Loan
for Gracie Willis and Horace C. Willis·
Accept low bid for electric utility cart for
Wastewater Treatment Plant No. 3 in the amount
of $4,441.40 from Pacific Equipment and
Irrigation and reject other bid.
AcceDt low bid for twenty-two automatic
cameras for Police Department in the amount
of $5,011.23 from Imaging Products Inter-
national and reject all other bids.
Accept low bid for thirty protective vests
for the Police Department from Adamson
Industries in the amount of $8,395.20 and
reject all other bid~.
Accept low bid for four refrigerated composite
samplers for Wastewater Treatment Plants in
the amount of $10,298.96 from American Sigma,
Inc. and reject othe~ bids.
AcceDt low bids for computer equipment for
Fire Department Hazardous Materials Division
in the amount of $4,~05.00 (2 items) from
Compu-Byte, Inc.; $359.34 (1 item) from Inacomp
Computer Centers; $1~3.24 (3 items) from
Valley Computers Plus and reject all other bids.
Bakersfield, California, August 31, 1988 Page 11
Upon a motion by Councilmember Salvaggio, Items a,
d, e, f, g, h, i, j, k, 1, m, n, o, p, q, r, s and t of the
Consent Calendar were approved by the following vote:
Ayes: Councilmembers Smith, DeMond, Ratty, Peterson,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember Childs
bt c~
ACTION ON BIDS
Approval of Contract No. 88-214
with Tescon, Inc., for Cross
Valley Canal - Truxtun Lake
Pipeline.
Upon a motion by Councilmember Ratty, the low bid from
Tescon, Inc. in the amount of $79,800.00 was accepted, all other
bids rejected and the Mayor authorized to execute the Contract.
Approval of Contract No. 88-215
with Omega Construction for
Wastewater Treatment Plant No.
3 Administration Building.
Upon a motion by Councilmember McDermott, the low bid
from Omega Construction in the amount of $205,500.00 was accepted
all other bids rejected and the Mayor authorized to execute the
Contract.
Approval of Annual Contract No.
88-216 with Target Specialty
for Chemicals, Insecticides/
Herbicides for Parks Department.
Approval of Annual Contract No.
88-217 with Abate-A-Weed for
Chemicals, Insecticides/
Herbicides for Parks Department.
Upon a motion by Councilmember Peterson, the low bids in
the amount of $71,960.70 (21 items) from Target Specialty
Products, $16,440.70 (13 items) from Abate-A-Weed were accepted,
all other bids rejected and the Mayor authorized to execute the
Contracts.
Approval of Annual Contract No.
88-218 with Odis Dykes, Inc., for
Earth Moving and Hauling for Water
Department.
Upon a motion by Councilmember DeMond, the low bid in
the amount of $142,932.50 from Odis Dykes, Inc., was accepted
all other bids rejected and the Mayor authorized to execute the
Contract.
Bakersfield, California, August 31, 1988 Page 12
Adoption of Resolution No. 183-88 of
the Council of the City of Bakersfield
determining that certain radio trans-
mitter equipment can be reasonably
obtained from only one vendor, Motorola
C & E, and authorizing the Finance Director
to dispense with bidding therefor, not to
exceed $9,000.00.
Upon
183-88 of the
the following
a motion by Councilmember Peterson, Resolution No.
Council of the City of Bakersfield was adopted by
vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, $alvaggio
None
None
None
Peterson,
DEFERRED BUSINESS
Adoption of Ordinance No. 3174 of the
Council of the City of Bakersfield
adding Sections 17.04.285, 17.18.025
B., 17.22.030 V., 17.24.040 0., and
17.28.030 N., and amending Section
17.30.030 of the Bakersfield Municipal
Code relating to Food and/or Shelter
Service Agencies.
This Ordinance was given first reading at the meeting of
July 27, 1988.
Upon a motion by Councilmember DeMond, Ordinance No.
3174 of the Council of the City of Bakersfield was adopted and
Negative Declaration approved by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDermott, $alvagglo
Noes: None
Abstain: None
Absent: None
Peterson,
Adoption of Ordinance No. 3175 of the
Council of the City of Bakersfield
amending Section 16.40.020 of the
Bakersfield Municipal Code relating
to waiver of direct street access.
This Ordinance was given first reading at the meeting of
August 17, 1988.
Bakersfield, California, August 31, 1988
Page 13
Upon a motion by Councilmember Peterson, Ordinance No.
3175 of the Council of the City of Bakersfield was adopted and
Negative Declaration apDroved by the following vote:
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Request for Council approval to
involve the entire Council to review
the 1989-90 proposed budget.
This issue was deferred from the meetings of July 6,
1988 and August 10, 1988.
Councilmember Salvaggio stated that on July 6, 1988 he
asked the Council to apDrove a new budget preparation process for
next year that would involve the entire Council and the public.
Conncilmember Salvaggio distributed copies of a budget format
prepared by John Stinson, Assistant to the City Manager, for
Council's review.
Councilmember Salvaggio made a motion to approve the
proDosed budget process prepared by Mr. Stinson with the follow-
ing changes: add an asterisk on the box next to June 15, because
report would be made by the Budget and Finance Committee with
recommended budget changes; and change the box next to the dates
May 12 to June 9, "concurrent review of budget detail by Budget
and Finance Committee" changed to read "concurrent review of
budget detail by Budget and Finance Committee as directed by the
Council." Review by the whole Council with public hearings, not
workshops, as well as reviewed by the Budget and Finance
Committee.
Councilmember McDermott made a substitute motion to
adopt the proposed budget process as Froposed by Mr. Stinson.
The motion %~as approved by the following vote:
Ayes:
Councilmembers
Noes: Councilmembers
Abstain: None
Absent: None
Smith, Childs, Ratty, Peterson,
McDermott,
DeMond, Salvaggio
Councilmember Childs clarified his vote stating he voted
for the proposal because he is willing to compromise. ~{e feels
the budget process in the City of Bakersfield has been an open
and good process.
Councilmember DeMond clarified her vote stating that
since she was supporting the original motion she was voting
not onlv for what everybody compromised for, but also for a com-
pletely open situation and that it not go down in history that
she was against open meetings. She continues to support
Councilmember $alvaggio.
Bakersfield, California, August 31, 1988 - Page 14
NEW BUSINESS
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Ward Boundaries.
This Ordinance amends the ward boundaries to include
Berkshire No. 3 Annexation. The City of Bakersfield recently com-.
pleted annexation of this area.
First Reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 9.70 to Title 9 of the
Bakersfield Municipal Code relative
to sleeping in public places.
This Ordinance, which will take effect December 1, 1989,
when the new shelter for the homeless is expected to commence
oDeration, prohibits camping on public property at any time, and
prohibits sleeping on public property between sunset and sunrise.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 16.32.060 D. and E.
of the Bakersfield Municipal Code
relative to fees for construction of
Planned Drainage and Sanitary Sewer
Facilities pursuant to adopted plans,
and adding Section 16.32.060 F. to the
Bakersfield Municipal Code relative to
fees for construction of bridges or
major thoroughfares pursuant to Section
66484 of the Map Act.
This Ordinance amends Section 16.32.060 o~ the
Bakersfield Municipal Code to separate planned drainage areas
(Subsection D.) from planned sewer areas (Subsection E.), adds
the Rancho Laborde, Berkshire-Monitor and Panorama Highlands
Planned Sewer Areas to Subsection E., and adds Subsection F.
relative to fees for construction of bridges or major thorough-
fares.
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 that certain
property in the City of Bakersfield
located on the east side of Buena Vista
Road, 1,038 feet south of White Lane
from an R-2 (Limited Multiple Family
Dwelling) Zone to an R-1 (One Family
Dwelling) Zone.
Bakersfield, California, August 31, 1988 - Page 15
The project is located in an area depicted as Low
Density Residential on the Land Use Element of the General Plan.
The site is surrounded by vacant R-1 zoned property to the south
and east. To the west, across Buena Vista Road, is in the county
and vacant land. To the north is a 10-acre county estate parcel
developed with a single family residence and pasture land for
grazing.
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 on the north side of Truxtun
Avenue and both sides of Empire Drive
from an A (Agricultural) Zone to C-2
(Commercial) Zone, and to M-1 (Light
Industrial) Zone.
The project is located in an area depicted as Industrial
on the Land Use Element of the General Plan.
An Ordinance of the Council of the
City of Bakersfield adding Chapter
8.27 to the Bakersfield Municipal
Code relative to ~roperty Maintenance.
A public hearing has been scheduled for September 14,
1988.
Councilmember DeMond made a motion to change the two-
year limitation with respect to property and unreasonable state
of partial construction to one year, with a provision that admin-
istratively that time period may be extended twice, up to six
months, if essentially good-faith progress is being made on the
completion of the building; and a new ordinance be brought back
on September 14, 1988 for first reading.
Councilmember Peterson made a substitute motion to make
the modifications to the ordinance; hold a public hearing on
September 14, 1988 and to include the remainder of the changes
at that time. The motion failed by the following vote:
Aves:
Noes:
Abstain:
Absent:
Councilmembers Smith, Peterson, McDermott,
Councilmembers Childs, DeMond, Ratty, Salvaggio
None
NoNe
Councilmember DeMond restated her motion as follows:
to change the two-year limitation with respect to property and
unreasonable state of partial construction to one-year with a
provision that administratively that time period may be extended
twice, up to six months, if essentially good-faith progress is
being made on the completion of the building; and a new ordinance
be brought back on September 14, 1982 for first reading. The
motion was approved by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Childs, DeMond,
Salvaggio
Councilmembers Smith, Peterson
None
None
Ratty, McDermott,
Bakersfield, California, August 31, 1988 Page 15
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 along the Kern River
from an R-1 (One Family Dwelling) Zone,
R-2-D (Limited Multiple Family Dwelling-
Design Overlay) Zone, C-O (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, M-1-D-FP-S (Light
Industrial-Design Overlay-Flood Plain-
Secondary) Zone, A-FP-S (Agricultural-Flood
Plain-Secondary) Zone, OS-FP-S (Open Space-
Flood Plain-Secondary) Zone, A (Agricultural)
Zone and OS (Open Space) Zone.
The project will affect land along two stretches of the
Kern River. The first stretch runs from Interstate 5, east, to
about the intersection of China Grade Loop and Round Mountain
Road and is approximately 20 miles; included in this stretch is
the 2800 Acre Groundwater Recharge Area. The second stretch
runs from the southeast corner of the Kern River County Park to
the mouth of the Kern Canyon and is approximately 4-1/2 miles.
This matter has been appealed by Mr. Joe Gannon and a
public hearing has been scheduled for September 28, 1988.
Adoption of Resolution No. 184-88 of
the Council of the City of Bakersfield
authorizing collection of assessments
by the Kern County Tax Collector for
demolition and/or removal of dangerous
buildings and/or structures.
Upon
184-88 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, Ratty,
McDermott, Salvaggio
Peterson,
Bakersfield, California, August 31, 1988 - Page 17
Adoption of Resolution No. 185-88 of
the Council of the City of Bakersfield
to give the subdivider of Parcel Map
7563 notice to proceed with the work
under Improvement Agreement 85-195.
Upon a motion by Councilmember Childs, Resolution No.
185-88 of the Council of the City of Bakersfield was adopted by
the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty, Peterson,
McDermott, Salvaggio
None
None
None
Abstain:
Absent:
Adoption of Resolution No. 186-88 of
the Council of the City of Bakersfield
adopting the Berkshire-Monitor Planned
Sewer Area and making findings relative
thereto.
Upon a motion by Councilmember Salvaggio, Resolution No.
186-88 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,
Adoption of Resolution No. 187-88 of
the Council of the City of Bakersfield
adopting the Rancho Laborde Planned
Sewer Area and making findings relative
thereto.
Upon a motion by Councilmember Ratty, Resolution No.
187-88 of the Council of the City of Bakersfield was adopted
the following vote:
by
Ayes: Councilmembers Smith, Childs, DeMond,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Ratty, Peterson,
Adoption of Resolution No. 188-88 of
the Council of the City of Bakersfield
adopting the Panorama Highlands Planned
Sewer Area and making findings relative
thereto.
Upon a motion by Councilmember Smith, Resolution No.
188-88 of the Council of the City of Bakersfield was adopted
the following vote:
by
Ayes: Councilmembers Smith, Chikds, DeMond, Ratty,
McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Bakersfield, California, August 31, 1988
Page 18
18 .i
Approval of Agreement No. 88-219
between Kane, Ballmer and Berkman
for legal services.
Upon a motion by Councilmember DeMond, Agreement No.
88-219 was approved and the Mayor authorized to execute the
Agreement.
Approval of Agreement No. 88-220 with
North Bakersfield Recreation and Park
District to provide services after
annexation to the City of Bakersfield
to territory identified as Annexation
No. 966 (Calloway No. 1 Annexation),
generally located at the northeast
corner of Rosedale and Calloway.
Upon a motion by Councilmember Ratty, Agreement No.
88-220 was approved and the Mayor authorized to execute the
Agreement.
Cancellation of Contract No. 88-132
with Griffith Company for median
construction on Truxtun Avenue at
Westwind Drive.
Upon a motion by Councilmember Ratty, cancellation of
Contract No. 88-132 with Griffith Company was approved.
Approval of Agreement No. 88-221 with
the County of Kern, City/County
Memorandum of Understanding (MOU) for
2010 Environmental Impact Report (EIR).
Upon a motion by Councilmember Childs, the MOU was
approved, the Mayor's signature authorized and staff directed
forward to the Board of Supervisors.
to
One vacancy on the Citizens Auditorium
Committee, due to the resignation of
Shirley LaTouf, term expiring January 3,
1993.
Vice-Mayor Smith made a motion to appoint Mr. Robert
S. Merritt to the Citizens Auditorium Committee.
Councilme~nber Ratt¥ nominated Mr. Jack Goldsmith.
Councilmember Childs made a substitute motion to close
nomination at this meeting and take action at the September 14,
1988 meeting. The motion failed.
Mayor Payne restated Vice-Mayor Smith's motion to
appoint Mr. Robert S. Merritt to the Citizens Auditorium
Committee, term expiring January 3, 1993. The motion was
approved.
Bakersfield, California, August 31, 1988 - Page 19
One vacancy on the Miscellaneous
Departments Civil Service Board
due to the resignation of William
Jing, term expiring December 31,
1990.
Councilmember Childs withdrew his nomination of Mr.
Louis Whitfield Jr. to the Miscellaneous Department Civil Service
Board.
Upon a motion by Councilmember Peterson, Mr. William
Jing was appointed to the Miscellaneous Departments Civil Service
Board, term expiring December 1990.
Items
agenda
Upon a motion
12. s and t were
was prepared by
by Councilmember Salvaggio, New Business
considered as items that arose after the
the following vote:
Ayes: Councilmembers Smith, Childs, DeMond, Ratty,
McDer~nott, Salvaggio
Noes: None
Abstain: None
Absent: None
Peterson,
Approval of Agreement No. 88-222,
Settlement Agreement and Release
with Rag Gulch Water District.
Upon a motion by Councilmember Salvaggio, Agreement No.
88-222 was approved and the Mayor authorized to execute the
Settlement Agreement and Release.
Approval of Agreement No. 88-223,
Settlement Agreement and Release
with Kern-Tulare Water District.
Upon a motion by Councilmember Salvaggio, Agreement No.
88-223 was approved and the Mayor authorized to execute the
Settlement Agreement and Release.
COUNCIL STATEMENTS
Upon a motion by
received from the "Yes on
Legislative Committee.
Councilmember DeMond, correspondence
100" Committee was referred to the
Upon a motion by Councilmember McDermott, all correspon-
dence received regarding Propositions should be referred to the
Legislative Committee; and the Committee directed to bring back
any correspondence that needs Council's consideration or appro-
val.
Upon a motion by Councilmember Peterson, Council
recessed to continue Closed Session pursuant to Government Code
Section 54957 regarding Performance Evaluation of City Attorney
at 11:20 p.m.
Bakersfield,
California, August 31, 1988 - Page 20
Upon a motion by Councilmember Childs, Art Saalfield was
granted permanent status as City Attorney.
Council,
a.m.
ADJOURNMENT
There being no furtiler business to come before the
the meeting was adjourned to Closed Session at 12:09
MAYOR of the City of Ba~rsfield,
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield, California
b z