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HomeMy WebLinkAbout04/10/1991 MINUTES CCBakersfield, California, April 10, 1991 Minutes of the Workshop of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., April 10, 1991. The meeting was called to order by Mayor Medders. Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None Mayor Medders turned the meeting over to Vice-Mayor Peterson after the roll call. WORKSHOP Council to Set Criteria for Reapportionment of Council Wards. Planning Director Hardisty introduced the City staff who will be available to assist the Council during its ward reapportionment, as follows: Jim Eggeft, Principal Planner; Bruce Deeter, Civil Engineer III, who is on loan from the Public Works Department; and Dave Dow, an Associate Planner, working in the Planning Department. Planning Director Hardisty and staff then provided Council with a quick demonstration of the capability of the computer equipment which will be used during this reapportionment. Upon a motion by Councilmember McDermott, the upcoming Pacheco No. 10 annexation will be included in the numbers being considered for reapportionment. Councilmember Smith requested that the six recommendations given by staff in Planning Director Hardisty's memorandum dated April 5, 1991, be discussed, along with any other recommendations or suggestions. Upon a motion by Councilmember Edwards, the numbers presented by the Planning Department were accepted as the numbers to be used during the reapportionment. At the request of Councilmember Brunni, Ms. Hortensia Soliz was recognized and asked if the Council was going to vote before any public statements were made. Vice-Mayor Peterson advised that what doing at this workshop is setting up a criteria base its decision regarding reapportionment. Council is on which to At the request of Councilmember Salvaggio, Vice-Mayor Peterson asked if there was anyone in the audience who wished to comment on the criteria recommended for dividing the wards. Ms. Hortensia Soliz, Regional Director for the Mexican-American Political Association, read a prepared statement and presented it to the City Clerk. Upon a motion by Councilmember DeMond, Item No. 1 of the staff recommendation, that the precinct in which Councilmembers reside should remain in their respective wards, was approved with Councilmember McDermott voting "No". 4,19 Bakersfield, California, April 10, 1991 - Page 2 Councilmember Salvaggio made a motion to follow the criterion that, whenever possible, precincts will be used except if there are extenuating circumstances where it makes more sense to split a precinct. Upon a motion by Councilmember DeMond, Item No. 2 of the staff recommendation, that ward boundary adjustments will be based upon whole precincts, that precincts shall be entirely within a ward pursuant to City Charter; however, the County has agreed to work with the City where a precinct line may need to be adjusted, was approved. first two follows: Councilmember DeMond made a motion to approve the sentences of staff recommendation Item No. 3, as Populations of each ward should be as equal as possible, though variations may occur due to geographic, topographic or population differences between precincts. Neighborhood cohesivehess may also be a factor in some instances. Councilmember McDermott suggested that staff recommendation Item No. 3 be divided into two separate items. The first one is the question of "as equal as possible". He stated that there needs to be some measure of what constitutes "as equal as possible", such as two percent above or below the average of all wards. Councilmember McDermott recommended that the second item should be a separate policy to consider the issue of communities of interest rather than "neighborhood cohesivehess" Councilmember Salvaggio stated for the record that "as equal as possible" means the one or two percent figure, and he would not support anything else. Councilmember DeMond advised that her motion stands as originally read. The motion by Councilmember DeMond with regard to staff recommendation Item No. 3, as originally read, was approved with two "No" votes. Upon a motion by Councilmember DeMond, Item No. 4 of the staff recommendation that a ward may have noncontiguous precincts; however, how the areas may be related (i.e., common geography, neighborhood cohesivehess, etc.) should be noted, and it is the intent that wards be as compact as possible, was approved. Upon a motion by Councilmember DeMond, Item No. 5 of the staff recommendation that boundary adjustments should affect as few people as possible, and gerrymandering for political purposes should be minimized, along with the amendment incorporating the concept that communities of interest be kept together whenever possible, was approved. Upon a motion by Councilmember DeMond, Item No. 6 of the staff recommendation that all Councilmembers should participate in the reapportionment effort was approved. Upon a motion by Councilmember McDermott, a public hearing will be held on April 24, 1991, to take public input on the reapportionment issue. Bakersfield, California, ADril 10, ~991 Page 3 Council, upon was adjourned ATTEST: ADJOURNMENT There being no further business to come before the a motion by Councilmember DeMond, the meeting to Closed Session at 6:30 p.m. MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw 45t Bakersfield, California, April 10, 1991 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 6:30 p.m., April 10, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, $alvaggio None CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(b)(1), regarding potential litigation. Upon a motion by Councilmember DeMond, Council recessed to the City Manager's Conference Room for Closed Session at 6:30 p.m. ADJOURNMENT Upon a motion by Councilmember Peterson, the meeting for Closed Session was adjourned at 6:59 p.m. MAYOR of the City of Bakersfield, CA ATTEST: Council of the City of Bakersfield, CA ndw 452 Bakersfield, California, April 10, 1991 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., April 10, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Councilmember Brunni and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None PRESENTATION Mayor Medders read and presented a Proclamation to Judy Newman and Janet Millar of the Kern Child Abuse Prevention Council, proclaiming April, 1991, as "Child Abuse Prevention Month". Mayor Medders presented a Proclamation to Dispatcher Tony Martinez in recognition of the various dispatchers and the assistance that is received through the 911, fire, police, ambulance EMS or any of the other telecommunicators who are a vital lifeline link between the citizen experiencing an emergency and the field units responding to the scene and in recognition of these dedicated individuals to our well-being. Mr. Martinez accepted the Proclamation on behal~ of his fellow dispatchers, and invited the Mayor and Councilmembers to attend an Open House for National Telecommunications Week which will be held April 14-20, 1991, from 11:00 a.m. to 4:00 p.m., at Emergency Communications Center, 260i Panorama Drive. Calendar: CONSENT CALENDAR The following items were listed on the Consent ao Do Approval of Warrant Nos. 7841 to 8430, inclusive, in the amount of $2,558,982.14, and Self Insurance Warrant Nos. 1682 to 1798, inclusive, in the amount of $71,683.16. Minutes of the Special Meeting, Workshop and Regular Meeting of February 27, 1991; Workshop, Closed Session and Regular Meeting of March 13, 1991; and Workshop, Closed Session and Regular Meeting of March 27, 1991, for approval. Communications: Communication from David Y. Milazzo, Milazzo & Associates Architects, 3300 Truxtun Avenue, Suite 300, dated March 27, 1991, requesting to amend the Metropolitan Bakersfield 2010 General Plan Bakersfield, California, April 10, 1991 - Page 2 for the General Commercial property located at the southwest corner of Meany Avenue and Coffee Road and amendment to the Riverlakes Ranch/Unibell Specific Plan and affect a zone change. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from Robert Lynn, The Lynn Company, P.O. Box 1966, dated March 20, 1991, regarding the Business Improvement District Ordinance. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Donald J. Stussy, Roger Dunn Golf Shop, 2211 "H" Street, dated March 20, 1991, regarding the Business Improvement District Ordinance. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Alice A. Dodson, 3000 Harmony Drive, dated March 27, 1991, in opposition to the G.E.T. Transfer Site relocation to Hughes Lane. (RECEIVE AND PLACE ON FILE) Communication from Martin- Mcintosh, 4130 Ardmore Avenue, Suite 101, dated January 15, 1991, requesting amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan from High Medium Density Residential to Low Density Residential for the property located on the northwest corner of Paseo Vista Drive and Old River Road. (RECEIVE AND REFER TO PLANNING COMMISSION) Deed No. 3316, Easement from East Hills Roadway Association for the construction of a traffic signal at the intersection of Bernard Street and Fashion Place. Final Maps and Improvement Agreements: Agreement Nos. 91-62 and 91-63, Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5100 consisting of 13 lots on 4.36 acres located at the intersection of White Oak Drive and Dell Oak Lane. 454 Bakersfield, California, April 10, 1991 Page 3 ho 2 o Agreement Nos. 91-64 and 91-65, Final Map and Improvement Agreements with Castle & Cooke Silvercreek, Inc., for Tract 5176 consisting of 133 lots on 27.07 acres located at the intersection of Harris Road and Spring Creek Loop. Improvement Agreement No. 91-66 with Castle & Cooke Development Corporation for the construction of White Lane from the east boundary of the Kern High School site at the northeast corner of White Lane and Buena Vista Road to Old River Road. This construction and agreement are a condition of General Plan Amendment 2-90, Segment IV. Notices of Completion and acceptance of work for the following: Contract No. 90-240 with Brimhall Partners for Tract No. 5245, Phase 1, located south of Brimhall Road and west of Coffee Road, completed April 10, 1991. Contract No. 90-248 with Paxin Electric, Inc., for traffic signal modification on Beale Avenue at Monterey and Niles Streets, completed March 29, 1991. Contract No. 90-292 with Insituform Southwest for rehabilitation of 6-inch sewer liner in easements bounded by Cedar, Drake, Spruce and Lawn Streets and between 1st and Verde Streets, east of Oleander Avenue, completed March 20, 1991. Contract No. 89-40 with Granite Construction Company for Stockdale Highway Bridge at Kern River, completed March 28, 1991. Approval of Plans and Specifications for installation of reflectorized pavement markers at various locations. Agreement No. 91-67, Amendment to Agreement No. 89-197 with County of Kern for sewer maintenance and sewage transport, treatment and disposal (County Service Area No. 71, Riverlakes Area). Bakersfield, California, April 10, 1991 - Page 4 Agreement No. 91-68, Amendment to Agreement No. 90-207 with George Sweet for administration, inspection and coordination of the construction activities of the widening of Ming Avenue Overcrossing at Highway 99. Agreement No. 91-69 with City of Wasco for Assignment of Combined Road Program (FAU) Funds. Agreement No. 91-70 with the Department of Motor Vehicles allowing the City to conduct Class A and Class B license testing for City employees. Councilmember $alvaggio made a motion to adopt Items a through k of the Consent Calendar. Councilmember McDermott advised that on page 4 of the Minutes of the Regular Meeting of March 27, 1991, under Item c.5., it should be corrected to read that "Councilmember McDermott advised that, due to the fact that he lives across the street from the suggested placement .... ", instead of "Councilmember DeMond". Upon a motion by Councilmember Salvaggio, Items a, b, c, d, e, f, g, h, i, j, and k of the Consent Calendar, with the correction to page 4 of the Minutes of the Regular Meeting of March 27, 1991, were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, $alvaggio Noes: None Abstain: None ~bsent: None Upon a motion by Councilmember Brunni, the issue of the way the minutes are currently taken and the potential of changing to a video tape format to be permanently preserved was referred to the Budget and Finance Committee. PUBLIC STATEMENTS Mr. Don Lindsey, Secretary of the Board of the Bakersfield Symphony Association, spgke on behalf of Mr. Bud Lambourne, the Association's President, and invited the Mayor, City Councilmembers and their Department Heads to the Symphony Concert on Sunday, April 14, 1991, at 4:00 p.m. There will be a special acknowledgment thanking the City of Bakersfield and Kern County for their support of the Symphony over the years. Mr. Bob Ashbeck, 5243 Country Club Drive, gave an update regarding handicap access to the City Center parking structure and provided written comments to the Council. In addition, he spoke in support of Victoria Araujo being reappointed to the Central District Development Agency. Mr. Charles Drew, 10621 Meacham, spoke as a member of the Council's Advisory Committee to Unreinforced Masonry Buildings and suggested that it is time again for the Advisory Committee to meet to look at the unreinforced masonry situation regarding the assessment figures. 456 Bakersfield, California, April 10, 1991 - Page 5 Mr. Kevin Sewell, 3505 Via Capilla, spoke in support of the ordinance regarding adult entertainment businesses. Mr. Mike Familia, 5901 Caswell Avenue, spoke in support of the amendment to Chapter 5.06 regarding adult entertainment businesses. Mr. Paul Eggleston, 923 Baldwin, spoke in support of the amendment to Chapter 5 of the Bakersfield Municipal Code regarding adult entertainment businesses. Pastor Nick Kangles, 1900 Klemer Street, spoke in support of the ordinance regarding adult entertainment businesses. Dr. Billy J. Rash, 4201 Stine Road, spoke in support of the ordinance regarding adult entertainment businesses. Mr. Lou Gomez, 755 Central Avenue, President of the Kern County Hispanic Chamber of Commerce, spoke in support of reappointing Victoria Araujo to the Central District Development Agency. Mr. Fred McKenna, 6505B South Half Moon Drive, Director and past president of the Downtown Business Association, spoke in support of reappointing Victoria Araujo to the Central District Development Agency. Mr. James M. Hudgins, 3001 "F" support of reappointing Victoria Araujo District Development Agency. Street, spoke in to the Central Mr. Richard Prado, 2304 Earlerie Court, spoke in support of reappointing Victoria Araujo to the Central District Development Agency for a full four-year term. Mr. Prado provided the Clerk with several documents, including a personal letter from Victoria Araujo. HEARINGS Hearing on an appeal by David Goldberg regarding the issuance of a business license to Pick-Your-Part. This hearing has been duly advertised, posted and property owners notified as required by law. Communication has been received from Vern Kalshan, 986 Chorro Street, San Luis Obispo, Attorney for the owner of the real property, in support of the issuance of the permit to "Pick Your Part". Communication was also received from David F. Goldberg, Goldberg, Fisher & QuirK, on April 10, 1991, Hearing Brief - regarding Brindle, et al., vs. the City of Bakersfield. Councilmember DeMond advised that due to a conflict of interest, she will not participate in the discussion and action on this hearing. Mayor Medders declared the hearing open for public participation. Bakersfield, California, April 10, 1991 - Page 6 Mr. David F. Goldberg, of Goldberg, Fisher & Quirk, attorney for the appellant, spoke in support of the appeal. Mr. Dominic G. Colletta, of Borton, Petrini and Conron, attorney for Pick Your Part, spoke in support of the staff recommendation to uphold the decision of the City staff and deny the appeal. Mr. David F. Goldberg spoke in rebuttal in support of the appeal. Mr. Dominic G. Colletta spoke in rebuttal in support of the staff recommendation. Councilmember $alvaggio made a motion to uphold the decision of the City staff and deny the appeal. After much discussion, the motion by Councilmember $alvaggio to uphold the decision of the City staff and deny the appeal was approved by the following roll call vote: Ayes: Councilmembers Edwards, Smith, Brunni, Noes: Councilmembers Peterson, McDermott Abstain: None Absent: Councilmember DeMond $alvaggio (HEARINGS ARE CONTINUED ON PAGE 7) Upon a motion by Councilmember $alvaggio, the following Deferred Business Item was moved forward to be heard at this time: An Ordinance amending Chapter 5.06 of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. Upon a motion by Councilmember McDermott, the meeting recessed at 8:40 p.m. and reconvened at 8:45 p.m. DEFERRED BUSINESS Adoption of Ordinance No. 3350 of the Council of the City of Bakersfield amending Chapter 5.06 of the Bakersfield Municipal Code relating to Adult Entertainment Businesses. This Ordinance was given first reading at the meeting of March 27, 1991. Communication has been received from C. Allen Andersen, D.C., 2310 Brundage Lane, dated April 5, 1991, support of the proposed Ordinance relating to Adult Entertainment Businesses. Councilmember Salvaggio made a motion to adopt the Ordinance amending the Bakersfield Municipal Code relating to adult entertainment businesses, and he thanked those in attendance tonight in support of this revision, which applies to all adult bookstores. Councilmember $alvaggio also thanked staff, the City Attorney and the Bakersfield Police Department for their support. Bakersfield, California, April 10, 1991 - Page 7 Upon a motion by Councilmember Salvaggio, Ordinance No. 3350 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: CouncilmemDers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio (DEFERRED BUSINESS IS CONTINUED ON PAGE 13) HEARINGS (Continued) Hearing to consider adoption of 1) Kern River Specific Plan Line; 2) First Reading of an Ordinance adding Chapter 17.55 to the Bakersfield Municipal Code relating to Specific Plan Lines for streets and highways; 3) First Reading of an Ordinance of the Council of the City of Bakersfield adding Chapter 16.41 to the Bakersfield Municipal Code relating to reservations; 4) Certification of Environmental Impact Report Findings and Statement of overriding considerations. This hearing has been duly advertised, posted and property owners notified as required by law. Communication has been received from Chris AdOington, Addington Associates, in support of the proposed freeway. Communication has been received from Arthur Unger, Sierra Club; David M. LeClair; Carol Sunde; and a petition containing 18 signatures in opposition to the proposed freeway. Communication was also received from Dennis G. Fox, 918 Blossom, received April 4, 1991, and Stephanie & Mark Harker, 212 Ensenada, received April 5, 1991, in opposition to the proposed Kern River Freeway. Communication has been received from Bradford F. [Ja Fleur, 12925 Appaloosa Avenue; Dennis & Lizzy Bainbridge, 204 Ensenada Street; Forest & Jean Churchill, 104 E1 Paso Street; and Robert & Lorna Brumfield, in opposition to the proposed Kern River Freeway. Planning Director Hardisty stated that Councilmember Brunni had requested that staff respond to the points raised in the correspondence in the Agenda packets, and he advised that a memo has been prepared for Council's review and distributed this evening responding to those issues. Assistant Public Works Director Kloepper made a presentation on the Plan Line and recommended another alignment that moves the freeway slightly north of the existing homes at the interchange area at Allen Road. Associate Planner Gauthier made a presentation regarding the two Ordinances that implement the Specific Plan Line. He advised that the first Ordinance is the Reservation Ordinance, which would amend our Land Division Ordinance. It would provide a legal vehicle by which the City would be able to reserve real property within approved subdivisions for 4-, 9 Bakersfield, California, April 10, 1991 - Page 8 public facilities such as parks, schools, police stations and/or freeways. Associate Planner Gauthier advised that the second Ordinance, the Specific Plan Ordinance, is generalized and will apply not only to this Specific Plan, but the other ones that will come before Council in the next two years. It acknowledges that there is going to be a freeway and that existing uses within the Specific Plan Line can continue. Mayor Medders declared the hearing open for public participation. Ms. Mary Coilup, Manager of the Rosedale/Rio Bravo Water Storage District spoke in opposition to the proposed Kern River Freeway and the impact it would have on the canal and percolation ponds located in that area. Mr. Dave LeClair, 308 Ensenada Road, spoke in opposition and read a statement into the record. Mr. Terry Eriewine, from the State Department of Water Resources in Fresno and representing the Kern Water Bank Program, spoke in opposition and advised that the Department of Water Resources is interested in preserving the recharge facilities in the Rosedale area. Ms. in opposition environmental Alison Sheehey, a local environmentalist, spoke to the Kern River Freeway with respect to its impacts, and she handed out some pamphlets. Mr. Arthur Unger, 2815 La Cresta Drive, the Conservation Chair of the Kern-Kaweah Chapter of the Sierra Club, spoke in opposition and requested that studies be begun, either by the City and/or the Department of Transportation, including an EIR, long before the decision to abandon this route or build this freeway. Mr. Rick Iger, with the Kern County Water Agency, spoke in opposition and expressed his concerns regarding the Rosedale recharge ponds. Mr. Greg Iger spoke in opposition to the current proposal and recommended that a logical way to get the I-5 and Highway 178 traffic off of Rosedale and Stockdale highways would be to connect them via old 99, Golden State, and go out to 7th Standard Road, instead of going through the Kern River and ruining a part of our Kern River Project that we worked so hard to develop in the past few years. Mr. Lawton Powers spoke in support of the west side freeway and read an article into the record regarding the "McCutcheon Update in the Goleta Valley Supreme Court". Mr. Powers also read a petition in support of the Bakersfield City Planning Commission's decision of February 7, 1991, regarding the specific plan alignment, and submitted 1400 signatures. Mr. Roy Weygand, Executive Director of Kern County Taxpayers Association, spoke and advised that the Association is in support of the Kern River Freeway Plan Alignment. Mr. Bob Devereaux, Government Relations Representative for the Bakersfield Association of Realtors, spoke in support and advised that the local Government Relations Committee and the Board of Directors of the Bakersfield Association of Realtors is endorsing and supports the adoption of the Kern River Freeway Alignment that has been adopted by the City's Planning Commission. 460 Bakersfield, California, April 10, 1991 - Page 9 Mr. David Guay spoke in support of the Kern River Freeway Specific Plan Alignment. Ms. Lorna Brumfield, 109 Capistrano, s~oke in rebuttal in opposition to the freeway alignment. Mr. Rich O'Neill, 6600 Desmond Court, representing the Kern River Committee, spoke in rebuttal in opposition to the now proposed Kern River Freeway Alignment. He expressed the Committee's concern about the alignment that will eliminate 20 to 25 acres of secondary flood plain along the river, much of which contains wetlands and the Kern River Equestrian Trail. He stated the location of concern is one and a half miles long by 210 feet wide and includes interchanges between Mohawk Extension and Coffee Road. Mr. Jeff Williams, President of the Building Industry Association of Kern County, spoke in rebuttal in support of the adoption of the Specific Plan Line for the Kern River Freeway. Mr. Don Lindsey, Vice-President of Community Development of Castle and Cooke, spoke in rebuttal in support of the proposed alignment of the Kern River Freeway. Mr. Phil Rudnick spoke in rebuttal in support of the freeway alignment and suggested referring back to the Planning Commission an additional alternative route that will connect up Highway 178 at "M" Street, and take it north and west along 7th Standard Road to I-5. No further protest or objections being received and no one else wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Councilmember Brunni made a motion to approve the Kern River Specific Plan Line and direct staff to prepare the Resolution for adoption. This motion would include the alignment recommended in Alternate No. 1 with regard to the Allen Road interchange. Councilmember McDermott stated that the freeway issue is the major issue that he has been involved with, and if, at the time he finishes his service to the City of Bakersfield and the Council, he has accomplished nothing more than getting this freeway put in, he will feel he has helped contribute to a better Bakersfield. He further stated that he is very excited about the plan because of what it does to maintain the quality of life in our community. Councilmember McDermott stated that we must plan for the future, and he feels the City is fortunate to have the opportunity to put in a freeway with as little impact as this one would have on the community. He also feels that the City is fortunate to be able to put in a freeway that would generate pollution savings, and that we will have a freeway that will provide the opportunity for a light rail system. Councilmember McDermott advised that one of the visions that he has, as part of some of the bond measures that were passed last year, is a high-speed rail system being placed in California, hopefully, with a stop in Bakersfield. He further advised that one of the major things that the City will need is a light rail system that will link that terminal with downtown Bakersfield, and this freeway alignment allows that. Councilmember McDermott stated he would be very happy to support the proposal to preserve the Kern River Freeway right-of-way this evening. Bakersfield, California, April 10, 1991 - Page 10 Councilmember Salvaggio stated for the record that he cannot imagine such a freeway being constructed without a light rail system or a bus lane, and he feels, as a body, Council needs to work closely, as this process continues, to insist on that. Councilmember Salvaggio stated for the record that he has a very strong concern regarding the proposed freeway specific alignment for the portion west of the proposed Mohawk alignment to Coffee Road. In this area, the freeway is depicted within the Kern River Parkway area and the secon- dary flood plain, and it is all a part of the Kern River Plan, a wonderful agreement jointly adopted by the County of Kern and the City of Bakersfield in 1985. The portion of the Kern River Corridor impacted by the freeway is shown as a future riparian marsh on the Kern River Parkway Plan, and the presence of endangered species is documented in the Biological Resources Inventory for the Kern River Parkway Plan. Councilmember Salvaggio advised that his concerns are both for the destruction of sensitive habitat and the impact on the integrity of the Parkway Plan, which is a showpiece for our community and we have an investment there. Placing the freeway within the Kern River Corridor will impact Parkway users through noise and exhaust emissions, as well as introducing an overall aesthetic impact. He suggested that a practical alternative exists by moving the freeway northerly to the north side of the Cross Valley Canal, which would require additional land be purchased from Texaco. This option may prove less expensive in the long run since sensitive wildlife habitat would be avoided. Councilmember Salvaggio requested that the Environmental Impact Report for this project, to be prepared by Cal Trans, evaluate an alternative alignment for this section between Mohawk and Coffee Road, which generally runs northerly of the Cross Valley Canal, and considers both the cost and the environmental impact of each alternative. He stated he feels it is likely that this alternative alignment would preserve both the function of the freeway and the Kern River Parkway's ability to fully achieve its potential. Councilmember Salvaggio was assured by Planning Director Hardisty that that alternative will be seriously considered as a part of the environmental review process that will commence prior to construction. Councilmember Salvaggio requested that Council support him in that concern as it goes through the process. Councilmember Brunni stated she would consider that as a friendly amendment to her motion. Councilmember Brunni stated that when she ran for Council, one of the items she talked about was growth, but with good planning, and she feels that tonight's situation is appropriate planning for the future of our City. It was included in the 2010 processs, and she was supportive of that process and of the concepts that are in the Plan. Councilmember Brunni discussed some of the history involved in the specific plan process beginning with the specific plan adopted for the Rosedale area in 1980 and ending with the culmination of the 2010 Plan which was approved by the City Council and the County of Kern in 1990. She advised that, in the next few years Cal Trans will be performing additional environmental and engineering studies on the proposed alignment, and future studies may include further Bakersfield, California, April 10, 1991 - Page 11 modifications of what would pass this evening. Councilmember Brunni stated that, in developing the proposed alignment, an effort has been made to minimize disturbance to existing development while, at the same time, providing a convenient, cost-effective, reasonable alignment. She further stated that she is excited that there is a high probability that there will be use of transit and high-density vehicles and, potentially, a light rail on this system. Councilmember Brunni made a motion to certify the Environmental Impact Report and Findings and Statement of Overriding Considerations as recommended by the Planning Commission. Upon a motion by Councilmember Brunni, the Kern River Specific Plan Line was approved, to include the alignment recommended in Alternate No. 1 with regard to the Allen Road interchange, and staff was directed to prepare the Resolution for adoption; and Council agreed to support Councilmember $alvaggio's concerns with regard to evaluating an alternative alignment for the section between Mohawk and Coffee Road, which generally runs northerly of the Cross Valley Canal. Upon a motion by Councilmember Brunni, the Environmental Impact Report and Findings and Statement of Overriding Consideration as recommended by the Planning Commission were certified. Upon a motion by Councilmember McDermott, the meeting recessed at 10:30 p.m. and reconvened at 10:35 p.m. REPORTS Councilmember Peterson, Chairperson of the Urban Development Committee, read Report No. 4-91 regarding Amendments to the Historic Preservation Ordinance, as follows: On March 22, 1991, the Urban Development Committee met to discuss the Historic Preservation Ordinance. Based on that meeting, the Committee is making recommendations to amend the Historic Preservation Ordinance. After reviewing the Ordinance's notification procedure for cultural resource designation, it is the opinion of this Committee that a single bearing take place at the Historic Preservation Commission level and have the City Council take final action. The Ordinance, as in effect, requires two public hearings (one at the Historic Preservation Commission level and one at the City Council level). The Committee felt this requirement placed an unnecessary burden on any applicant seeking designation for a cultural resource. The suggested amendment would modify the notification procedure only for cultural resource designation. In regards to notification, the Committee felt that Bakersfield, California, April 10, 1991 - Page 12 publishing a legal notice once in a newspaper of general circulation of the Historic Preservation Commission's public hearing would be sufficient. In order to preserve the ability by adjacent property owners to be informed and participate in the final action by the City Council, this Committee is also recommending that final action by the Council be held off for a minimum of thirty days following the action by the Historic Preservation Commission. The Committee would, therefore, recommend that the City Council adopt the attached changes to the Historic Preservation Ordinance. Upon a motion by Councilmember Peterson, Urban Development Committee Report No. 4-91 was accepted. Councilmember McDermott made a motion to amend the proposed Ordinance by striking out the words "but not more than forty-five (45) days after" from both subsections A. and B. of Section 2. First Reading of an Ordinance amending Sections 15.72.090 and 15.72.120 of the Bakersfield Municipal Code relating to hearing procedure for designation of Cultural Resources and Historic Districts. Upon a motion by Councilmember Peterson, the Ordinance was given First Reading with the changes requested by Councilmember McDermott. Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 6-91 regarding Public Auction Services (Police Seized Asset Forfeiture Funds), as follows: On March 13, 1991, the Council referred an agreement with Roger Ernst & Associates Auctioneers, for the sale of seized assets, to the Budget and Finance Committee for review. The Committee has met with staff and has reviewed the current process and procedures regarding auction services. Based upon this review, it is recommended that for any contract not going to be renewed or which is becoming non-exclusive, City staff notify the contractor of the City's intent to initiate a request for proposal. The Committee further recommends that staff contact organizations which provide auction services and ask them to submit proposals to provide this service. This process will enable the Police Department to determine which auctioneers are capable of maximizing revenues by disposing of assets in a most efficient and effective manner. 464 Bakersfield, California, April 10, 1991 - Page 13 Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 6-91 was accepted. Upon a motion by Councilmember McDermott, the recommendations of Budget and Finance Committee Report No. 6-91 were implemented. were ACTION ON BIDS Remodel of Fire Personnel Housing Facility at Fire Station No. 2, 716 E. 21st Street. Upon a motion by Councilmember DeMond, all bids rejected. DEFERRED BUSINESS (Continued) Adoption of Ordinance No. 3351 amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-25 by prezoning property known as the Wible No. 9 Annexation, located south of the Arvin-Edison Canal, between Wible Road and Freeway 99, contiguous to the boundary of the City of Bakersfield (Ward 6 and Ward 7). This Ordinance was given first reading at the meeting of March 27, 1991. Upon a motion by Councilmember McDermott, Ordinance No. 3351 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Adoption of Ordinance No. 3352 amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-25 by prezoning property known as the Wible No. 10 Annexation, located south of Berkshire Road, between Wible Road and Freeway 99, contiguous to the boundary of the City of Bakersfield (Ward 6 and Ward 7). This Ordinance was given first reading at the meeting of March 27, 1991. Upon a motion by Councilmember McDermott, Ordinance No. 3352 was adopted by the following roll call vote: Ayes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, $alvaggio None None None Bakersfield, California, April 10, 1991 - Page 14 Adoption of Zoning Resolution No. 393, upon the appeal of East Hills Associates and East Hills Pavilion Associates, upholding the decision of the Planning Commission, approving and adopting negative declaration and approving Zone Change 5123 to allow increased vehicular access to Oswell Street for the project at 2660 Oswell Street. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on March 27, 1991. Upon a motion by Councilmember Smith, Zoning Resolution No. 393 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Smith, Brunni, McDermott, Salvaggio Noes: Councilmember DeMond Abstain: None Absent: None Peterson, Approval of Agreement No. 91-71 with Kern Refuse Disposal, Inc., to provide refuse disposal services in specified City areas. The proposed agreement has been reviewed and approved by the Budget and Finance Committee. Upon a motion by Councilmember Peterson, Agreement No. 91-71 was approved and the Mayor authorized to execute the Agreement. Adoption of Subdivision Resolution No. 13, upon the appeal of Rickett, Ward, Delmarter and Deifel, overturning the decision of the Planning Commission to require a full-width landscaped median island, but requiring additional travel lane and offsite transitional paving on Wible Road as conditions of Tentative Parcel Map No. 9462 and Tentative Tract Map No. 5450. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on March 13, 1991. Upon a motion by Councilmember McDermott, Subdivision Resolution No. 13 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None NEW BUSINESS First Reading of an Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the Land Use Zoning for properties located 466 Bakersfield, California, April 1O, 1991 - Page 15 at 2660 Oswell Street from a P.C.D. (Planned Commercial Development) Zone to a P.C.D. (Planned Commercial Development) Zone for purposes of changing conditions of access to a commercial shopping center. The City Council heard this on appeal at its March 27, 1991 meeting and approved the proposed zone change. First Reading of an Ordinance amending Subsection B. of Section 5.04.040 of the Bakersfield Municipal Code relating to the Business Improvement District Tax. This Ordinance amends the Business Improvement District (BID) Tax Ordinance by calculating the BID tax based on the business license tax rates in place prior to the amendment of that ordinance. First Reading of an Ordinance amending Chapter 5.02 of the Bakersfield Municipal Code relating to Business License Tax. On March 13, 1991, Bill Descary, City Treasurer, conducted a workshop regarding these proposed changes in the Business License Tax Ordinance. This Ordinance amends the classification and rate structure. Businesses classified as manufacturing, retailing and wholesaling are combined into a common classification having the same tiering of gross receipts and tax rate. The professional classification is not changed. It changes the minimum tax from $10.00 to $25.00 annually. Adoption of Resolution No. 51-91 commending the Bakersfield College Debate Team for winning the National Debate Championship. Upon a motion by Councilmember Peterson, Resolution No. 51-91 was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Adoption of Resolution No. 52-91 providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 342, LAFCO Proceeding No. 1062, Oakhaven No. 1 Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 52-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Bakersfield, California, April 10, 1991 - Page 16 Adoption of Resolution No. 53-91 providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 343, LAFCO Proceeding No. 1063, Stine No. 7 Annexation (Ward 6). Upon a motion by Councilmember McDermott, Resolution No. 53-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Approval of Commercial Lease Agreement No. 91-72 with M'Liss Scott Akers and Ruth M. Lewis (Bakersfield Municipal Airport Restaurant). Upon a motion by Councilmember Salvaggio, Commercial Lease Agreement No. 91-72 was approved, with the amendment to Item No. 23.a. changing the liability insurance to $1,000,000, with the understanding that if it is not acceptable to the private party that it would be brought back to the Council with an explanation, and the Mayor authorized to execute the Agreement. Project approval for a parking lot located at northwest corner of 18th Street and "K" Street (former Banducci-Walker Enterprises property). Upon a motion by Councilmember DeMond, the project was approved and $60,000 fund balance to the Public Works Capital Improvements Dudget, within the Off-Street Parking Lots Fund, was appropriated by the follow roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Funding salary and benefit adjustments for the 1990-91 Fiscal Year. Upon a motion by Councilmember McDermott, $656,020 was transferred from Council Contingency to various departmental operating budgets within the General Fund and $171,957 fund balance was appropriated to various departmental operating budgets in various Enterprise and Internal Service Funds by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, $alvaggio None None None Bakersfield, California, April 10, 1991 - Page 17 Two (2) appointments to the Central District Development Agency due to the expiration of terms of Phillip Gaskill and Victoria Araujo, terms expiring April 22, 1991. (4-year term) Mayor Medders recommended that Phillip Gaskill be appointed to the four-year term. Mayor Medders advised that he was prepared to make only one appointment this evening. Upon a motion by Councilmember McDermott, Mr. Phillip Gaskill was reappointed to the Central District Development Agency, term expiring April 22, 1995. COUNCIL STATEMENTS Upon a motion by Councilmember Peterson, staff was requested to deliver copies of the Hazardous Waste Management Plan to the Council as soon as possible, and the matter was referred to the Urban Development Committee for review and a report back to the Council. Upon a motion by Councilmember Peterson, a letter from the Housing Authority of the County of Kern regarding assistance in the First Time Home Buyers Plan and authorizing participation in the Home Mortgage Finance Program was referred to the Urban Development Committee. Upon a motion by Councilmember McDermott, a letter from the $.P.C.A. regarding their annual budget was referred to the Budget and Finance Committee. Councilmember DeMond advised that she received a "thank you" letter from Judith Pratt at Cal State regarding the students that attended the Council meeting of March 13, 1991. Ms. Pratt stated her students commented that Councilmembers have to consider such a wide variety of sometimes, seemingly, trivial issues, but still that it was an interesting exercise, and she plans to repeat the assignment next year. Councilmember Brunni extended her thanks to Police Chief Patterson and the Police Department for being responsive to requests, from people who use the bike paths, for an Officer to patrol that area and keep those folks safe. Councilmember Salvaggio thanked staff members John Stinson, Trudy Thornton, Police Chief Patterson, Patty Taylor, Fire Chief Needham, Assistant Fire Chiefs Pacheco and McCarthy and all the Firefighters at Fire Station One, and Convention Center Manager Andersen for giving 31 of his eighth grade students a tour of their facilities. Councilmember Salvaggio requested that staff place on the next Council Agenda the subject of the Rosedale Highway at State Highway 99 Median Enhancements. He advised that he would be coordinating with staff on that so they would understand what he is doing. Bakersfield, California, April 10, 1991 - Page 18 Councilmember McDermott thanked Planning Director Hardisty, Assistant Public Works Director Kloepper, Principal Planner Gauthier and the entire Planning and Public Works departments for all their hard work with regard to the Kern River Specific Plan. Councilmember McDermott thanked Planning Director ~ardisty and his staff for their demonstration at the Workshop regarding the issue of redistricting. Councilmember DeMond advised that there will be a Litter Day in greater Bakersfield on Saturday, April 20, which is also Earth Day, and she invited anyone wishing to participate to do so. Councilmember Edwards requested that the Police Department present a report to the Council on the concept of what the County does with regard to handicap parking, which is have non-uniformed people who really are non-staff people write citations and monitor the parking, and he would like to see if that could be done inside the City limits. ADJOURNMENT There being no further business to come Council, upon a motion by Councilmember Peterson, was adjourned at 11:10 p.m. before the the meeting ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw