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HomeMy WebLinkAbout08/14/1991 MINUTES CC140 Bakersfield, California, August 14, 1991 Minutes of the Closed Session of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 5:15 p.m., August 14, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni (seated at 5:20), Peterson (seated at 5:20), McDermott, Salvaggio None CLOSED SESSION Closed Session pursuant to Government Code Section 54957 regarding a personnel matter. Closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigation of city owned property. Closed Session pursuant to Government Code Section 54957 regarding City Attorney's Semi- Annual review. Upon a motion by Councilmember McDermott, Council recessed to the City Manager's Conference Room for Closed Session at 5:19 p.m. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Brunni, the meeting for Closed Session was adjourned at 6:53 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw 141 Bakersfield, California, August 14, 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., August 14, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Ken Keith, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. Assistant City Clerk Gafford called the roll as follows: Present: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Absent: None Mayor Medders announced that Council took action in Closed Session to grant a 30-day medical leave of absence without pay to Mary Bristow. PRESENTATION Fire Chief Johnson advised that on July 8, 1991, Mr. Robert Lopez risked his life by entering a fully-involved structure fire, awakened the resident and pulled him from his home, thereby averting a major tragedy. Additionally, Fire Chief Johnson recognized Mr. Martin Vera, who assisted Mr. Lopez in this heroic act and congratulated both gentlemen. On behalf of the Council, Mayor Medders presented the Medal of Valor to Mr. Lopez. Councilmember Edwards announced that there will be a Health Fair/Job Fair on Gorrill Street, Saturday, August 17th, from 10:00 a.m. until 2:00 p.m. He presented to the Councilmembers and staff "Gorrill Street Looking Good Neighborhood" buttons, and invited the Council, everyone in the audience and the press to attend this Fair. Calendar: CONSENT CALENDAR The following items were listed on the Consent Ce Approval of Voucher Nos. 11991 to 12093, inclusive, in the amount of $341,149.02 and Voucher Nos. 154 to 556 inclusive, in the amount of $850,705.92, and Self Insurance Voucher Nos. 2710 to 2761, inclusive, in the amount of $29,534.39 and Self Insurance Voucher Nos. 12 to 44 inclusive, in the amount of $128,486.90. (Voucher No. 153 was not used.) Minutes of the Workshop, Closed Session and Regular Meeting of July 31, 1991, for approval. Communication Communication from R.A. Campbell, 3005 Horace Mann Avenue, dated July 24, 1991, regarding the cutting of trees on Truxtun Avenue. (RECEIVE AND REFER TO PUBLIC WORKS, TRAFFIC & ENGINEERING) Bakersfield, California, August 14, 1991 - Page 2 Maps 1. Communication from George F. Gerard, 355 La Colina Drive, Inglewood, dated July 20, 1991, regarding the sale of spray paints. (RECEIVE AND REFER TO LEGISLATIVE AND LITIGATION COMMITTEE) Communication from Catherine Palla, Downtown Business Association URM (Unreinforced Masonry Building) Task Force, 1401 19th Street, #101, dated July 23, 1991, regarding Unreinforced Masonry Building issues. (RECEIVE AND PLACE ON FILE) Communication from George W. Nickel, Jr., 6200 Lake Ming Road, dated August 1, 1991, regarding proposed Mello-Roos Bond program to finance a golf course and related subdivision program. (RECEIVE AND REFER TO URBAN DEVELOPMENT COMMITTEE) Communication from J. Dale Hawley, Executive Director, Central District Development Agency, dated August 7, 1991, regarding Redevelopment Real Estate Holdings. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) and Improvement Agreements: Final Map and Improvement Agreement Nos. 91-170 and 91-171 with Castle & Cooke Development Corporation for Tract 5218 consisting of 49 lots on 26.41 acres located at the southwest corner of Ming Avenue and Grand Lakes Avenue. Final Map and Improvement Agreement Nos. 91-172 and 91-173 with Castle & Cooke Development Corporation for Tract 5220 consisting of 12 lots on 9 acres located south of Ming Avenue and east of Grand Lakes Avenue. Final Map and Improvement Agreement Nos. 91-174 and 91-175 with Cambridge Development Company for Tract 5419 consisting of 44 lots on 18.02 acres located east of Jewetta Avenue and north of Noriega Road. Final Map and Improvement Agreement Nos. 91-176 and 91-177 with West Kern Corporation for Tract 5184 located north of State Route 178 at Valley Street. 143 Bakersfield, California, August 14, 1991 - Page 3 fo Improvement Agreement No. 91-178 with Castle & Cooke Development Corporation for the construction of Grand Lakes Avenue from Ming Avenue south of Chamber Boulevard. Notices of Completion and acceptance of work for the following: Contract No. 91-107 with Works Striping & Marking Service, Inc., for installation of reflectorized pavement markers at various locations, completed July 31, 1991· Contract No. 90-191 with Tumblin Company for Ming Avenue Overcrossing widening at Highway 99, completed June 26, 1991. Contract No. 90-109 with J.L. Denio, Inc., for Wible Road median island earthwork from Auto Mall Drive to Panama Lane, completed July 26, 1991. Contract No. 84-95 with Magna Development Corporation for Tract No. 4691 located at the southwest corner of South "H" Street and Panama Lane, completed July 31, 1991. Contract No. 90-287 with Cambridge Properties for Tract No. 4957, Unit 1, located at the intersection of Ashe Road and Harris Road, completed August 2, 1991. Contract No. 90-122 with Dennis W. DeWalt, Inc., for Tract No. 5033, Phase 2, landscaping, located at the southeast corner of Calloway Drive and Hageman Road, completed on July 9, 1991. Contract No. 90-89 with Renfro, Inc., for Tract No. 5068, Phase 1, landscaping, located at the southwest corner of Calloway Drive and Hageman Road, completed June 5, 1991. Contract No. 91-106 with On/Tec West Construction for construction of improvements for the Bakersfield Homeless Center Social Service Building located at 1600 East Truxtun Avenue completed August 7, 1991. Approval of Plans and Specifications for the following: 1. Traffic signal system on "A" Street at Truxtun Avenue. 144 Bakersfield, California, August 14, 1991 - Page 4 Traffic signal system on Stockdale Highway at Village Lane. REMOVED FOR SEPARATE CONSIDERATION. Median modifications on Truxtun Avenue from "A" Street to "H" Street. 5. DELETED. g. REMOVED FOR SEPARATE CONSIDERATION. Subordination Agreement No. 91-179 - Debra Wright. Agreement No. 91-180 with the City of Ridgecrest for Assignment of Combined Road Program (FAU) Funds. Independent Contractor's Agreement No. 91-181 with Krazan & Associates, Inc., provide geotechnical services for the construction of the Jewetta Trunk Sewer Project. to Agreement No. 91-182, First Amendment to Agreement No. PW90-42 with Moore & Taber Geotechnical Engineers and Geologists, Inc., ($10,000.00, China Grade Loop Bridge). 1. REMOVED FOR SEPARATE CONSIDERATION. Application for $40,000.00 Rental Rehabilitation Entitlement for Fiscal Year 1991-92. no Accept bids for traffic signal equipment from Lucy's Sales (2 items; $4,576.90), GM Services (9 items, $4,440.15), Signal Control (162 items; $3,371.94); McCain Traffic Supply (180 items, $269.47) and Graybar Electric (30 items; $150.15). Councilmember Edwards requested that Item f.3. and 1. be removed from the Consent Calendar for separate consideration. Item Councilmember McDermott requested that, due to a possible conflict of interest, Item g. be removed from the Consent Calendar for separate consideration. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, h, i, j, m, and n, with the removal of Items f.3., g., and 1., and the deletion of Item f.5., of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 145 Bakersfield, California, August 14, 1991 - Page 5 fo3. Approval of Plans and Specifications for the Bakersfield Senior Center Air Conditioning. Upon a motion by Councilmember DeMond, the Plans and Specifications for the Bakersfield Senior Center Air Conditioning were approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, McDermott, Salvaggio None None Councilmember Edwards Peterson, Request for Extension of Time from Panattoni Development Company to extend the completion date for Improvement Agreement No. 90-189, Parcel Map Waiver 13-89, to July 25, 1992. Upon a motion by Councilmember DeMond, the Request for Extension of Time from Panattoni Development Company to extend the completion date for Improvement Agreement No. 90-189, Parcel Map Waiver 13-89, to July 25, 1992, was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, Peterson, Salvaggio None Councilmember Smith Councilmember McDermott Agreement No. 91-183, Amendment to Agreement No. 88-251, with Gordon Special Services for administration of School Crossing Guard Program. Upon a motion by Councilmember DeMond, Agreement No. 91-183 was approved by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Upon a motion by Councilmember Smith, the following New Business Item was moved forward to be heard at this time: Communication from Jack Hardisty, Planning Director, regarding College No. 4 Annexation. NEW BUSINESS Communication from Jack Hardisty, Planning Director, regarding College No. 4 Annexation. Upon a motion by Councilmember Smith, the process for the College No. 4 Annexation was discontinued. (NEW BUSINESS IS CONTINUED ON PAGE 16) 146 Bakersfield, California, August 14, 1991 - Page 6 PUBLIC STATEMENTS Ms. Carla Jeffers, 2500 Elton Avenue, presented addendums to previous petitions opposing annexation of College Area No. 4 submitted to the Planning Commission. She asked for clarification regarding how long will this issue be dead, and will the residents be notified properly next time instead of just two weeks ahead of time. Planning Director Hardisty advised that there is no statutory limitation on proposals to annex. Mr. Norman Walters, 3301 Dwight Street, spoke in opposition to tearing down the trees on Truxtun Avenue between "A" and "H" streets. Mr. J. Craig Jenkins, 4241 Flintridge Drive, spoke in opposition to the College No. 4 Annexation. Dr. George Ablin, 2828 "H" Street, spoke regarding the College No. 4 Annexation and expressed his concern about the manner in which the Planning Commission proceedings on this issue were conducted. Mr. Bruce Keith, 6104 Preston Court, representing the Downtown Business Association, spoke in support of the removal of trees along Truxtun Avenue and the lighting of trees during the holiday season. Ms. Barbara Don Carlos, representing the Building Industry Association of Kern County, spoke regarding Commercial Zoning Ordinance revisions and expressed interest in meeting with the Council or a committee to discuss the BIA's concerns regarding this issue. Ms. Beverly Davis, representing the Bakersfield Association of Realtors, 331 18th Street, spoke regarding Commercial Zoning Ordinance revisions and expressed interest discussing the BAR's concerns prior to the second reading. in Ms. Tonia Robinson, 619 Patricia Avenue, requested Council's help in fighting an infestation of ticks in her neighborhood. Mr. John Willingham, 6005 Cedar Falls Drive, representing the Kern County Apartment Owners Association, spoke in opposition to the changes in the Zoning Ordinance, which is a New Business Item regarding an Ordinance amending Chapters 17.20, 17.22, 17.24 and 17.26 and the rescinding of Chapter 17.25 of the Bakersfield Municipal Code. HEARINGS Hearing for consideration of the report by the Fire Chief specifying work to be done, and description of the properties upon which hazardous weeds and debris are located. law. Property owners have been duly notified as required by Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. 147 Bakersfield, California, August 14, 1991 - Page 7 Adoption of Resolution No. 159-91 finding that certain weeds, grasses, dead shrubs, and waste matter on properties in the City of Bakersfield constitute a public nuisance, and directing the Chief of the Fire Department to abate such nuisance. Upon a motion by Councilmember Brunni, Resolution No. 159-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Hearing to consider the report by the Building Director specifying work done, cost of work and description of property upon which dangerous buildings have been demolished, and hearing protests or objections thereto. This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 160-91 confirming the report of the Building Director regarding assessments of certain properties in the City of Bakersfield for demolition of dangerous buildings. Upon a motion by Councilmember DeMond, Resolution No. 160-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Mayor Medders recognized Boy Scout Troop 87 and thanked them for coming to the meeting this evening. Hearing on an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and negative declaration concerning the following area: Segment I: JAMES C. LUNDY, ASU & ASSOCIATES, agent for Sara Adler, has applied to amend the Land Use Element of the Metropolitan Bakersfleld 2010 General Plan consisting of a change from HR (High Density) to OC (Office Commercial) for a 41,000+/- square foot site generally located along the west side of Oswell Street between Bernard Street and Pico Avenue. (Ward 3) This hearing has been duly advertised, posted and property owners notified as required by law. 148 Bakersfield, California, August 14, 1991 - Page 8 Mayor Medders declared the hearing open for public participation. No protest or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 161-91 making findings, approving Negative Declaration and approving Segment I of proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Upon a motion by Councilmember Smith, Resolution No. 161-91 approving the Negative Declaration and General Plan Amendment, Segment I, of the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Hearing regarding an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and proposed environmental documents concerning the following area: SEGMENT III: BATHY DEVELOPMENT requests to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from RI-A (Resource Intensive Agriculture) to LR (Low Density Residential) on ?3°?9 acres and to GC (General Commercial) on 6.15 acres, for that site generally located at the southwest corner of Reina Road and Jewetta Avenue. (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 162-91 making findings, approving Negative Declaration and approving Segment III of proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Upon a motion by Councilmember Brunni, Resolution No. 162-91 making findings, adopting the Negative Declaration with mitigation and approving, with conditions, General Plan Amendment, Segment III, to the Land Use Element was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None 149 Bakersfield, California, August 14, 1991 - Page 9 Hearing regarding an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and proposed environmental documents concerning the following area: SEGMENT V: SEQUOIA ENGINEERING requests to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from SR (Suburban Residential) to LR (Low Density Residential) on 20.46 acres, for that site generally located at the northwest corner of Calloway Drive and Meacham Road. (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 163-91 making findings, approving Negative Declaration and approving Segment V of proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Councilmember Brunni advised that there is a change in Exhibit "A", "Conditions of Approval", and that Item No. 4 of Exhibit "A" should read as follows: Gravity sewer service is available in Quicksilver Avenue to the north, Riverlakes Ranch Drive to the east, and Calloway Drive to the south. The project shall be served by a gravity sewer system unless such a system is deemed to be unfeasible by the Director of Public Works. Upon a motion by Councilmember Brunni, Resolution No. 163-91 making findings, adopting the Negative Declaration with mitigation measures, and approving, with conditions, General Plan Amendment, Segment V, to the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Hearing on an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and proposed Negative Declaration concerning the following area: Segment VI: MILAZZO & ASSOCIATES, agent for Riverlakes Ranch/Unibe11, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changing GC (General Commercial) from 10+/- acres to 15+/- net acres along the west side of Coffee 150 Bakersfield, California, August 14, 1991 - Page 10 Road between Main Plaza Drive (proposed street name) and the Friant-Kern Canal; HMR (High Medium Density Residential) from 16+/- to 15+/- net acres along the southwest corner of Coffee Road and Hageman Road (extended); and HR (High Density Residential) from 17+/- to 13+/- net acres along the northwest corner of Coffee Road and Creekside Drive (proposed). (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 164-91 making findings, approving Negative Declaration and approving Segment VI proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Upon a motion by Councilmember Brunni, Resolution No. 164-91 approving the Negative Declaration and approving General Plan Amendment, Segment VI of the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Hearing on an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and proposed environmental document concerning the following area: Segment VII: CASTLE & COOKE DEVELOPMENT CORPORATION, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HMR (High Medium Density Residential) to LR (Low Density Residential) for a 10.7+/- acre site located along the northwest corner of the Buena vista Canal and Paseo vista Boulevard. (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. 151 Bakersfield, California, August 14, 1991 - Page 11 Adoption of Resolution No. 165-91 making findings, approving Negative Declaration and approving Segment VII of proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Upon a motion by Councilmember Brunni, Resolution No. 165-91 approving the Negative Declaration and approving General Plan Amendment, Segment VII to the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Hearing on an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and Negative Declaration concerning the following: SEGMENT VIII: THE CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from RR (Rural Residential) to SR (Suburban Residential) on approximately 50 acres generally located east of Jewetta Avenue between Brimhall Road and Palm Avenue. (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Communication has been received from Albert Pritikin, Route 8, Box #33, in opposition to the General Plan Amendment. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 166-91 making findings, approving Negative Declaration and approving Segment VIII of proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Planning Director Hardisty advised that changes have been made in the conditions as outlined in his memorandum to Councilmember Brunni dated August 14, 1991. Councilmember Brunni asked for the record if the Applicant agreed with the changes, and the Applicant acknowledged his agreement to the changes. Bakersfield, California, August 14, 1991 - Page 12 Upon a motion by Councilmember Brunni, Resolution No. 166-91 adopting the Negative Declaration with mitigation approving in part General Plan Amendment 2-91, Segment VIII, by adding approximately 1.56 acres to the General Commercial recommended by the Planning Commission, approving Suburban Residential for 10,000 square foot lots between the General Commercial and the 10,000 square foot lot subdivision to the east and approving the rest of the Suburban Residential with an 18,000 square foot lot size minimum, with the deletion of Condition No. 4 regarding public access, was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Appeal hearing of the Planning Commission recommendation on Brimhall No. i Annexation, Zoning Upon Annexation No. 5131. A portion of the annexation area is within GPA 2-91, Segment VIII. (Ward 4) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 167-91 overturning the Plannlng Commission's approval of Zoning Upon Annexation NO. 5131 located northeast of Jewetta Avenue and Brimhall Road (Brimhall No. i Annexation). (Ward 4) Upon a motion by Councilmember Brunni, Resolution No. 167-91 adopting the Negative Declaration with mitigation approving in part the appeal by adding approximately 1.56 acres to the General Commercial recommended by the Planning Commission, approving Suburban Residential for 10,000 square foot lots between the General Commercial and the 10,000 square foot lot subdivisions to the east and approving the rest of the Suburban Residential with an 18,000 square foot lot size minimum and direct staff to prepare an Ordinance with appropriate conditions reflecting this decision, with the deletion of Condition No. 4 regarding public access, was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None 153 Bakersfield, California, August 14, 1991 - Page 13 Hearing regarding amendment to the Land Use Element of the Bakersfield Metropo1itan 2010 General Plan and proposed environmental documents concerning the following area: SEGMENT IX: CITY OF BAKERSFIELD requests to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential (HMR) to Low Density Residential (LR) on approximately 37.81 acres, located at the northwest corner of Highway 99 and McKee Road. (Wards 6 and 7) This hearing has been duly advertised, posted and property owners notified as required by law. Mayor Medders declared the hearing open for public participation. No protest or objections being received and no one wishing to speak in favor, Mayor Medders closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 168-91 making findings, approving Negative Declaration and approving Segment IX of proposed Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element Amendment 2-91). Upon a motion by Councilmember Salvaggio, Resolution No. 168-91 making findings, adopting the Negative Declaration, with mitigation measures, and approving General Plan Amendment, Segment IX, to the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None REPORTS Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. 4-91 regarding Senate Bill 376 and Senate Bill 1100, as follows: As part of its review of Sacramento legislation, the Legislative and Litigation Committee addressed issues inherent in both Senate Bill 376 (Hill} and Senate Bill 1100 (Bergeson). Senate Bill 376 would preempt all local ordinances governing smoking which were not in effect on July 1, 1991. Cities that are contemplating smoking ordinances, or updating their existing ordinances, would be prevented from taking such action. ' 54 Bakersfield, California, August 14, 1991 - Page 14 Senate Bill 1100 prohibits any person from distributing free samples of cigarettes or smokeless tobacco in public areas as well as vouchers or coupons for free tobacco products while allowing cities and counties the ability to enact stricter ordinances. Both bills address several smoking issues. While in support of statewide standards on smoking and tobacco legislation, the Committee is strongly opposed to the preemption of local governmental rule set forth in SB 376. It further feels that SB 1100 sets a realistic statewide standard, while allowing cities to maintain local control. Therefore, the Legislative and Litigation Committee recommends the City Council accept this report and pass the resolution supporting SB 1100 and opposing SB 376. The Committee further recommends that the City Council direct the City Clerk to forward the resolution to our representatives in Sacramento and the Governor's Office before August 19, the day the Legislature returns from summer recess. Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 4-91 was accepted. Upon a motion by Councilmember DeMond, the recommendations of Legislative and Litigation Committee Report No. 4-91 were implemented. Adoption of Resolution No. 169-91 supporting Senate Bill 1100 (Bergeson) instituting statewide tobacco controls and opposing Senate Bill 376 (Hill) which preempts local tobacco controls. Upon a motion by Councilmember DeMond, Resolution No. 169-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Councilmember Brunni requested that, whenever legislation in proposed, she be provided with a copy of the actual text of the legislation. 155 Bakersfield, California, August 14, 1991 - Page 15 ACTION ON BIDS Adoption of Resolution No. 170-91 determining that certain Radio Communication Equipment can be reasonably obtained from only one vendor, Motorola C & E, and authorizing the Finance Director to dispense with bidding therefor, not to exceed $264,000.00. Upon a motion by Councilmember Peterson, Resolution No. 170-91 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 Contract No. 91-184 with Brown & Fowler for the Callfornla Avenue Storm Drain, Easton Drive to Easton Drive, and appropriate $13,800 therefor. Upon a motion by Councilmember Peterson, the low bid from Brown & Fowler was accepted, $13,800 fund balance to the Public Works Capital Improvement Budget within the Gas Tax Fund was appropriated, and the Mayor was authorized to execute the Contract by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio DEFERRED BUSINESS Adoption of Ordinance No. 3385 amending Chapter 15.78 of the Bakersfield Municipal Code relating to mitigation for urban development impacts on endangered species. This Ordinance was given first reading at the meeting of July 31, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3385 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 Zoning Resolution No. 394, granting the appeal by Arnold Jobarisen from the decision of the Board of Zoning Adjustment denying the request for modification to permit the reduction of the side yard setback from 5 feet to $ feet for a garage addition on that certain property commonly known as 1901 Glendon Court. This Resolution sets forth the decision of the Council following the Public Hearing on the matter held on July 17, 1991. 156 Bakersfield, California, August 14, 1991 - Page 16 Upon a motion by Councilmember Peterson, Zoning Resolution No. 394 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Zoning Resolution No. 395 overturning the Planning Commission condition of approval of sign in Proposed Stine No. S Annexation, Zoning Upon Annexation No. 5139 located southwest of Belle Terrace and Stine Road (Ward 5). This Resolution sets forth the decision of the Council following the public hearing on the matter held on July 31, 1991. Upon a motion by Councilmember Peterson, Zoning Resolution No. 395 was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio of August of August of August of August NEW BUSINESS (Continued) First Reading of an Ordinance amending Chapter 15.04 of the Bakersfield Municipal Code relating to the Uniform Buildings and Construction Code. A public hearing has been set for the Council meeting 28, 1991. First Reading of Chapter 15.12 of Code relating to an Ordinance amending the Bakersfield Municipal the Uniform Building Code. A public hearing has been set for the Council meeting 28, 1991. First Reading of Chapter 15.16 of Code relating to an Ordinance amending the Bakersfield Municipal the Uniform Mechanical Code. A public hearing has been set for the Council meeting 28, 1991. First Reading of Chapter 15.20 of Code relating to an Ordinance amending the Bakersfield Municipal the Uniform Housing Code. A public hearing has been set for the Council meeting 28, 1991. First Reading of an Ordinance amending Chapter 15.24 of the Bakersfield Municipal Code relating to the Uniform Abatement of Dangerous Buildings Code. A public hearing has been set for the Council meeting of August 28, 1991. 157 Bakersfield, California, August 14, 1991 - Page 17 First Reading of Chapter 15.28 of Code relating to an Ordinance amending the Bakersfield Municipal the Uniform Pl-mhing Code. A public hearing has been set for the Council meeting of August 28, 1991. First Reading of Chapter 15.36 of Code relating to an Ordinance amending the Bakersfield Municipal the Uniform Sign Code. A public hearing has been set for the Council meeting of August 28, 1991. First Reading of an Ordinance amending Title 17 of the Bakersfield Municipal Code and City Zoning Map No. 103-22 by changing the Land Use Zoning of those certain properties in the City of Bakersfield consisting of 0.94 acres generally located along the west side of Oswell Street between Bernard Street and Pico Avenue from R-3D (Limited Multiple Family Dwelling, Architectural Design) to C-O (Commercial and Professional Office) Zones. The Planning Commission conducted a public hearing on June 20, 1991, and recommended approval of the Negative Declaration and zone change amendment request from R-3D to C-O for that site located along the west side of Oswell Street between Bernard Street and Pico Avenue. First Reading of an Ordinance amending Chapters 17.20, 17.22, 17.24 and 17.26 (C-O, Commercial and Professional Office; C-1, Limited Commercial; C-2, commercial; and C-C civic Center Zones, respectively), and rescinding Chapter 17.25 (C-$, Central Business Zone) of the City of Bakersfield Municipal Code relating to Commercial Zones. The Planning Commission conducted public hearings on June 6, 1991, and July 18, 1991, and unanimously approved the proposed changes to the commercial zones. Councilmember Brunni directed staff to take the comments that were received from the Building Industry Association, the Bakersfield Association of Realtors and Mr. Willingham with regard to this item, and comment back to the Council before August 28, 1991. Councilmember Salvaggio requested staff obtain a copy of the Kern County Apartment Owners Association's statement, if available, and provide copies to Council. First Reading of an Ordinance amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code and City Zoning Map No. 102-19, by prezoning property located at the northwest corner of Calloway Drive and Meacham Road, known as Meacham NO. I Annexation (Ward 4). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 20.46 acres of Meacham No. 1 Annexation as an R-1 (One Family Dwelling) Zone. Bakersfield, California, August 14, 1991 - Page 18 First Reading of an Ordinance amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code and City Zoning Map No. 101-13, by prezonlng property located at the southwest corner of Reina Road and Jewetta Avenue, known as Reina No. i Annexation (Ward 4). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 73.79 acres of Reina No. 1 Annexation as an R-1 (One Family Dwelling) Zone and approximately 6.15 acres as a C-1 (Limited Commercial) Zone. First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 102-20 by changing the land use zoning of those certain properties in the City of Bakersfleld consisting of 7+/- acres generally located along the west side of Coffee Road between Main Plaza Drive (proposed street name) and the Friant-Kern Canal from an R-1 (One Family Dwelling) Zone to a C-1 (Limited Commercial) Zone. The Planning Commission conducted a public hearing on June 20, 1991, and recommended approval of the Negative Declaration and zone change amendment changing the C-1 site from 10+/- to 17+/- acres. Councilmember Salvaggio reguested that staff look into and recommend back to Council the issue of placing ward numbers on all zoning ordinance matters. First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 123-06 by changing the zoning of those certain properties in the City of Bakersfield consisting of 10.7+/- acres generally located along the northwest corner of Buena Vista Canal and Paseo Vista Boulevard from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone. The Planning Commission conducted a public hearing on June 20, 1991, and recommended approval of the Negative Declaration and zone change amendment request from R-2 to R-1 for that site located along the northwest corner of the Buena Vista Canal and Paseo Vista Boulevard. Adoption of Emergency Ordinance No. 3386 levying upon the full taxable value of the taxable property in the City of Bakersfield, except that area known as the Rio Bravo Annexation, a percentage rate of taxation upon each dollar of valuation for the fiscal year beginning July 1, 1991, and ending June 30, 1992. The General Obligation Bonds were authorized by the voters on September 28, 1965, for improvements to sewer and sewage treatment facilities and a fire station. ]59 Bakersfield, California, August 14, 1991 Page 19 Upon a motion by Councilmember McDermott, Ordinance No. 3386 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. 171-91 approving the Application for Grant Funds for the Bicycle Program under the Clean Air and Transportation Improvement Act of 1990 (Proposition 116} for bike lane striping and widening a portion of the Kern River Parkway Bike Path. Upon a motion by Councilmember Brunni, Resolution No. 171-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution No. 172-91 making findings and ordering the territory designated as Proceeding No. 1068, Annexation No. 347, Buena Vista NO. 4, annexed to the city of Bakersfield (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 172-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, Peterson, Noes: None Abstain: None Absent: None DeMond, Smith, Brunni, McDermott, Salvaggio Adoption of Resolution of Application No. 173-91 proposing proceedings for annexation of territory to the city of Bakersfield identified as Annexation NO. 355, Buena Vista No. 5 Annexation (Ward 4). Councilmember Brunni made a motion to adopt the resolution and made the following statement for the record: I support this annexation for several reasons, and when this same piece of property came before us in the 2010 hearings, I had a completely different view of it for some very specific reasons, and they're the same reasons I'm glad to see this with us tonight. The first, and most important, being this is an annexation. We wanted to ensure that this large and potentially urbanized area would be annexed to the City so that we could appropriately plan for municipal services to be provided. Number two, there are no land use designations being done on this annexation. It is being annexed as it is today, as ag land, and that is the third reason that this doing no land use designations will give us the opportunity to have appropriate environmental and other 160 Bakersfield, California, August 14, 1991 - Page 20 reviews on any plans that are brought forward on that piece of property, and it will be within the purview of the City, and so I really feel a thousand percent more comfortable and am very pleased to support the idea that we adopt the annexation. Upon a motion by Councilmember Brunni, Resolution No. 173-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Adoption of Resolution of Application No. 174-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 356, Brimhall No. Z Annexation (Ward 4). Upon a motion by Councilmember Brunni, Resolution No. 174-91 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 Resolution No. 175-91 ordering changes and modification to increase scope of work, Assessment District No. 86-2 (Riverlakes Ranch). Upon a motion by Councilmember Brunni, Resolution No. 165-91 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 Resolution of Intention No. 1077 calling a public hearing to determine whether public necessity, health, safety or welfare requires amending the boundaries of an existing underground utility district within designated area, District No. 2, Division 18 (East White Lane, from 230 feet east of centerline Madison Avenue to 930 feet west of centerline Madison Avenue). This Resolution sets the public hearing before the Council for the meeting of August 28, 1991. Upon a motion by Councilmember Edwards, Resolution of Intention No. 1077 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, August 14, 1991 - Page 21 Adoption of Resolution No. 176-91 approving the proposed Negative Declaration for the Truxtun Corridor (from "A" to "H" Streets) Traffic Improvement Master Plan. Councilmember DeMond made a motion to adopt the Resolution. Councilmember Salvaggio made a motion that a citizen, Ms. Martha Walters, be recognized to speak at this time. The motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, Salvaggio Councilmembers DeMond, Smith, Brunni, McDermott None None Peterson, Councilmember Salvaggio requested that staff research the Council policy regarding recognition of citizens to speak. Upon a motion by Councilmember DeMond, Resolution No. 176-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Peterson, Salvaggio Councilmember McDermott None None Brunni, Adoption of Resolution No. 177-91 approving the proposed Negative Declaration for median modifications of Truxtun Avenue between "L" and "Q" Streets. Upon a motion by Councilmember DeMond, Resolution No. 177-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio Noes: Councilmember McDermott Abstain: None Absent: None Approval of Agreement No. 91-185 with the County of Kern for County Jail Booking and Processing Services provided for City of Bakersfield. Councilmember McDermott made a motion to approve and authorize the Mayor to execute the Agreement. Councilmember McDermott made the following statement for the record: I think there was some question in the press about why the City of Bakersfield wasn't present when this issue came up in front of the Board of Supervisors. I think we've been very clear in the fact that we believe this is a double billing of the residents of the City of Bakersfield. We don't agree with the State law that allows the County to do this. We don't agree with the decision of the County to do it. We've worked to try and change that State law but, given the constraints that the County has decided to do it, the Budget and Finance Committee has Bakersfield, California, August 14, 1991 - Page 22 reviewed this. We believe the changes that are recommended in the contract this year are appropriate changes, and the Committee is recommending approval of those changes. However, we want to make sure that the record does reflect that we continue to believe that these charges should not be assessed against any city governments. After much discussion, upon a motion by Councilmember McDermott, Agreement No. 91-185 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers DeMond, Smith, Brunni, Peterson, McDermott Councilmembers Edwards, Salvaggio None None Approval of Agreement No. 91-186, Memorandum of Understanding with the County of Kern to jointly fund the Fair Housing Assessment. Councilmember Brunni requested staff provide her with a copy of the Request for Proposal and a list of those firms who were sent the Request for Proposal. Councilmember Salvaggio made a motion to approve and authorize the Mayor to execute the Agreement. Councilmember Smith requested that staff check into the issue of how often the Fair Housing Assessment will occur. Councilmember McDermott requested that a letter be drafted to the appropriate H.U.D. officials expressing the Council's concerns regarding how often the assessments will occur and requesting that H.U.D. be more cognizant that this assessment tends to lower the moneys that the City has to accomplish some of their good programs. After much discussion, upon a motion by Councilmember Salvaggio, Agreement No. 91-186 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Agreement No. 91-187 with Coen and Associates to prepare & Fair Housing Assessment. Upon a motion by Councilmember Edwards, Agreement No. 91-187 was approved, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Noes: None Abstain: None Absent: None Bakersfield, California, August 14, 1991 Page 23 Membership in the National League of Cities. Upon a motion by Councilmember McDermott, $11,000 was transferred from Council Contingency to the City Council Operation Budget in the General Fund for the National League of cities by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Approval of 1991-1992 Legislative Platform. Councilmember DeMond made a motion to approve the 1991- 1992 Legislative Platform. Councilmember Brunni made a substitute motion to change the third paragraph of "General Policy Statements" to read: "Support legislation which enhances local land use decision- making authority and opposing legislation which erodes local land use decision-making authority"; under "Quality of Life", to add a paragraph to read: "Support legislation which enhances the quality of life for California citizens"; and to change the third paragraph to read: "Support legislation which provides continued and equitable funding of recreational and open space programs of support". The substitute motion failed. Upon a motion by Councilmember DeMond, the 1991-1992 Legislative Platform was approved. Designation of voting delegate for League of California Cities Annual Conference. Upon a motion by Councilmember DeMond, this item was deferred to the meeting immediately prior to September 20th. Upon a motion by Councilmember Brunni, the following item which arose after the Agenda was printed and upon which action is necessary was added to the Agenda at this time. Approval of Land Purchase Agreement No. 91-188 with Ruben C. Bartell for acquisition of Kern River Freeway right-of-way along the north boundary of the Cross Valley Canal west of Coffee Road and appropriate $400,000 therefor; and Grant Deed No. 3381 from Ruben Bartell for property required for the Kern River Freeway. At the request of Public Works Director Schulz, Mr. Ruben Bartell was recognized and responded to questions. Upon a motion by Councilmember Brunni, Agreement No. 91-188 and Grant Deed No. 3381 were approved, $225,000 fund balance and $175,000 gas tax 1992-93 revenue to the Public Works Capital Improvement Budget within the gas tax fund was appropriated, and the Mayor was authorized to execute the Agreement by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None 164 Bakersfield, California, August 14, 1991 - Page 24 COUNCIL STATEMENTS Upon a motion by Councilmember McDermott, the issue of a Assemblyman Katz's bill, which has passed the Assembly and is currently in the Senate, that allows all the water in the San Joaquin Valley to be transferred down south was referred to the Water Committee for review and to come back with a resolution to oppose the bill. Councilmember DeMond stated that the City gave $5,000 for the Spay/Neuter Program which enabled 1,000 vouchers to be put out and, of those 1,000 vouchers, about 90 percent of them were utilized. Councilmember Salvaggio asked when the proposed Hosking Road Sewer Assessment District issue will be coming back on the Agenda, and was advised by Planning Director Schulz that it is scheduled for the Council meeting of August 28th. Councilmember Salvaggio requested that when staff responds to the letter from Colombo Construction regarding SB 198, the Building Director convey that Council is concerned about the issue, as well. Councilmember Brunni submitted to the Council a letter dated August 12, 1991, from Water and Sanitation Department Manager, Paul Dow, to John Noonan, Senior Engineer of the California Regional Water Quality Control Board, regarding a water well producing DBCP (dibromochloropropane) that is currently being drilled by the Kern County Water Agency. She thanked Paul Dow, and whoever else was involved in writing the letter. Councilmember Brunni stated she is very impressed and pleased to see the City is trying to safeguard the quality of water that the citizens of our community are drinking. Councilmember Brunni submitted a letter she received dated August 7, 1991, from Gregory R. Cox, Deputy Director of the Governor's Office of Planning and Research, expressing his appreciation for the copy of the Bakersfield 2010 document, and commending her and her colleagues for such a thorough and comprehensive effort° Councilmember Edwards suggested that, with the reapportionment that took place recently, consideration be given to changing the Council representation on the Community Advisory Council. City Attorney Lunardini advised that staff will have a resolution drafted for the next Council meeting Agenda. Councilmember Edwards requested of staff that the Council needs to be briefed on the status of the redevelopment agency topics regarding the Hotel Project, the City Center Building and the financing of the redevelopment agency. Councilmember Edwards suggested that if the Planning Commission is going to be looking at strictly the technical aspects of an annexation, then it ought to provide a hearing, listen to the people who are pro and con, and then provide to the Council documentation of the evidence that was gained. Councilmember Edwards expressed his concern regarding annexations and indicated there is a lot of infill area that needs to be addressed. Councilmember DeMond suggested to Police Chief Patterson that this might be a good time to re-educate the people to pay attention to the 25-mile per hour signs posted near the schools, specifically with respect to Jefferson School on River Boulevard, Longfellow School on Union Avenue, and Stella Hills School, which was a new school last year. 165 Bakersfield, California, August 14, 1991 - Page 25 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Brunni, the meeting was adjourned at 9:54 p.m. MAYOR of the City of'Bake~ield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw