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