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HomeMy WebLinkAbout08/28/1991 MINUTES CCBakersfield, California, August 28, 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 28, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Councilmember Peterson and the Pledge of Allegiance. Assistant City Clerk Gafford called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None Calendar: CONSENT CALENDAR The following items were listed on the Consent do Approval of Voucher Nos. 557 to 984, inclusive, in the amount of $480,451.76, and Self Insurance Voucher Nos. 45 to 163, inclusive, in the amount of $65,152.83. Minutes of the Closed Session and Regular Meeting of August 14, 1991, for approval. Communication: Communication from Debbie S. Kerwin, Commercial Project Manager, Coleman, P.O. Box 9336, dated August 1, 1991, requesting abandonment of waiver of access condition as recorded with Parcel Map Waiver 7-88. (RECEIVE AND REFER TO PUBLIC WORKS) REMOVED FOR SEPARATE CONSIDERATION. REMOVED FOR SEPARATE CONSIDERATION° Communication from Pete Leveroni, Chairman, Historic Preservation Commission, regarding Fourth Year Cultural Resources Survey covering "C" to "F" Streets and 17th to 22nd Streets. (RECEIVE AND PLACE ON FILE) Communication from Cal Bidwell, dated August 16, 1991, regarding funds for demolition of dangerous buildings. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Final Map and Improvement Agreement Nos. 91-189 and 91-190 with Renfrow, Inc., for Tract 5068 "C", consisting of 56 lots on 26.31 acres located at the southwest corner of Hageman Road and Calloway Drive. Bakersfield, California, August 28, 1991 - Page 2 Notices of Completion and acceptance of work for: Contract No. 91-110 with Granite Construction Company for resurfacing of 17th Street, Alta Vista Drive, Bernard Street, East California Avenue, Chester Avenue, Panorama Drive, Panama Lane, Oak Fair Way, Stine Road, Stockdale Highway, Agate Street, Balboa Drive and Benton Street, completed August 20, 1991. Contract No. 91-33 with Valley Steel Construction for Haz-Mat parking garage at Fire Station No. 11, completed August 6, 1991. Contract No. 91-11 with Summerhill Farms for Tract No. 5310, Unit I, located at the southeast corner of Fairview Road and Monitor Avenue, completed August 12, 1991. Contract No. 91-26 with Oceanic Communities, Inc., for Ming Avenue extension from Old River Road to Buena Vista Road, completed August 2, 1991. 5o Contract No. 91-124 with Pacific Irrigation to furnish and install deepwell turbine pump and motor for Ashe Water Well No. 26, completed August 15, 1991. Approval of Plans and Specifications for: Resurfacing portions of University Avenue, South Chester Avenue, California Avenue, Ming Avenue, White Lane and New Stine Road. Panama Lane widening, Wible Road to 600 feet west. Request for Extension of Time from Castle & Cooke Development Corporation to extend the completion date for Improvement Agreement No. 89-189, Parcel Map No. 9077, to August 30, 1992. Agreement No. 91-191 with Elmer F. Karpe, Inc., for construction on Wible Road from McKee Road to 660 feet north. (Ward 6) Agreement No. 91-192 with Martin-Mcintosh for Tentative Tract 5488 located north of Brimhall Road, west of Windsong Street, Fish and Game Fees. (Ward 4) Bakersfield, California, August 28, 1991 - Page 3 Appropriate $17,000, County Grant Revenue, to the Community Development Operating Budget within the Community Development Block Grant Fund (CDBG). k. REMOVED FOR SEPARATE CONSIDERATION. Upon a motion by Councilmember Smith, Item c.3., "Communication from Paul Dow, Water and Sanitation Manager, dated August 19, 1991, regarding the Bakersfield Landfill Gas Electrical Generation Facility"; and Item k., "Approval of replacement of freeze-damaged trees and shrubs, and appropriate $25,000 fund balance to the Parks Division Capital Improvement Budget within the Capital Outlay Fund", were removed from the Consent Calendar for separate consideration. Upon a motion by Councilmember Brunni, Item c.2., "Communication from DeWalt Corporation, 2340 Niles Street, dated August 16, 1991, requesting annexation of property bounded by Allen Road, Panama Lane, Nord Road and the Southern Pacific Railroad", was removed from the Consent Calendar for separate consideration. Upon a motion by Councilmember DeMond, Items a, b, c, d, e, f, g, h, i, and j, with the removal of Items c.2., c.3., and k, of the Consent Calendar were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Councilmember Brunni requested, with respect to Item j., that the Council receive a copy of the receipt when the County of Kern reimburses us versus when we pay for this item. c.2. Communication from DeWalt Corporation, 2340 Niles Street, dated August 16, 1991, requesting annexation of property bounded by Allen Road, Panama Lane, Nord Road and the Southern Pacific Railroad. (RECEIVE AND REFER TO PLANNING DEPARTMENT) Upon a motion by Councilmember Brunni, the communication from DeWalt Corporation, 2340 Niles Street, dated August 16, 1991, requesting annexation of property bounded by Allen Road, Panama Lane, Nord Road and the Southern Pacific Railroad was received and referred to the Planning Commission, instead of Planning Department. c.3. Communication from Paul Dow, Water and Sanitation Manager, dated August 19, 1991, regarding the Bakersfield Landfill Gas Electrical Generation Facility. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Councilmember Smith asked questions of Water and Sanitation Manager Dow, and expressed her concern regarding adding pollution to what we already have. She stated that the logical choice is to find the money to acquire a smaller engine, which would eliminate the additional problems we already have with air pollution. Furthermore, there is the possibility of having a return on the money in approximately seven years. 170 Bakersfield, California, August 28, 1991 - Page 4 Approve the replacement of freeze-damaged trees and shrubs, and appropriate $25,000 fund balance to the Parks Division Capital Improvement Budget within the Capital Outlay Fund. After much discussion, upon a motion by Councilmember DeMond, Item c.2., with the amendment, Item c.3. and Item k. of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio PUBLIC STATEMENTS Ms. Jessie McGriff, 3624 Truman Court, spoke regarding the possible changing and disallowing of residential facilities in C-2 Zones. She advised she does a lot of volunteer work involving mental health and is aware of the discrimination problem in various neighborhoods with regard to the mentally disabled groups. Ms. McGriff stated that requiring a Conditional Use Permit in order to build apartments on commercial property would drive up the cost of the land. She also stated that because of the time involved and the necessity of the public hearings in order to provide that additional housing, she wished Council would look very closely at that problem and see if something other than the Conditional Use Permit process could be used for special groups that tend to be discriminated against in housing. Mr. David Steiber, 279 Garden Drive, thanked the members of the Legislative and Litigation Committee for meeting with him and Mr. Don Williams, Superintendent of Greenfield School District, regarding the Bakersfield Airport. He advised he would be providing Mayor Medders and the other Councilmembers with copies of the literature and maps used in his presentation to the Committee. Mr. Steiber expressed his concern regarding the low overflights in his neighborhood. He stated he hopes that in coming weeks the Council will manage a way to provide relief for his community, the school and City taxpayers who have lost $3,000,000 on the Airport in the last 6 years with no end in sight. Ms. Mary Lou Bruns, 5700 Ming Avenue, #68, founder of Living Connections, spoke regarding the amendments to the Commercial Zoning Ordinance. She stated she is very concerned about the Conditional Use Permit, and made a plea to the Council to take out the adult residential facilities or the supervised apartments for the mentally ill from the proposed ordinance. Mr. Roy Malahouski, 218 S. Garnsey, spoke regarding the amendments for commercial zones. He requested that day care and residential care facilities be excepted from the amendments to the Commercial Zoning Ordinance. Bakersfield, California, August 28, 1991 - Page 5 Hearing for the consideration of the assessment list by the Fire Chief specifying abatement performed, and description of the property upon which hazardous weeds, debris, and waste matter were removed (lZ08 Pacheco Road). (Ward 7) Property owners have been 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. 178-91 confirming the report of the Chief of the Fire Department regarding assessment of property in the city of Bakersfield for weed and waste matter abatement. Upon a motion by Councilmember Salvaggio, Resolution No. 178-91, confirming the assessment list, was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Protest hearing for the Wible No. 8 Annexation and inclusion into the Greater Bakersfield Separation of Grade District. (Ward 6) 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. 179-91 making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 1067, Annexation No. 346, Wible No. 8, annexed to the city of Bakersfield and included in the Greater Bakersfield Separation of Grade District (Ward 6). Upon a motion by Councilmember McDermott, Resolution No. 179-91, ordering the territory annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District, was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None 172 Bakersfield, California, August 28, 1991 - Page 6 Public Hearing to consider Ordinances amending the following Chapters of the Bakersfield Munlcipal Code: Chapter 15.04 - Uniform Buildings and Construction Code; Chapter 15.12 - Uniform Building Code; Chapter 15.16 - Uniform Mechanical Code; Chapter 15.20 - Uniform Housing Code; Chapter 15.24 - Uniform Abatement of Dangerous Buildings Code; Chapter 15.28 - Uniform Plumbing Code; and Chapter 15.36 - Uniform Sign Code. This hearing has been duly advertised and posted as required by law. Communication has been received from Barbara Don Carlos, Building Industry Association of Kern County, 5405 Stockdale Highway, Suite 112A, dated August 27, 1991, support of the proposed ordinances. in 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 Ordinance No. 3387 amending Chapter 15.04 of the Bakersfield Municipal Code relating to the Uniform Buildings and Construction Code. Adoption of Ordinance No. 3388 amending Chapter 15.12 of the Bakersfield Municipal Code relating to the uniform Building Code. Adoption of Ordinance No. 3389 amending Chapter 15.16 of the Bakersfield Municipal Code relating to the Uniform Mechanical Code. Adoption of Ordinance No. 3390 amending Chapter 15.20 of the Bakersfield Municipal Code relating to the Uniform Housing Code. Adoption of Ordinance No. 3391 amending Chapter 15.24 of the Bakersfield Municipal Code relating to the Uniform Abatement of Dangerous Buildings Code. Adoption of Ordinance No. 3392 amending Chapter 15.28 of the Bakersfield Municipal code relating to the Uniform Plumbing Code. Adoption of Ordinance No. 3393 amending Chapter 15.36 of the Bakersfield Municipal Code relating to the Uniform Sign Code. Bakersfield, California, August 28, 1991 - Page 7 Upon a motion by Councilmember Salvaggio, Ordinance Nos. 3387, 3388, 3389, 3390, 3391, 3392, and 3393 were adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None REPORTS Councilmember McDermott, Chairperson of the Budget and Finance Committee, read Report No. 13-91 regarding City Participation in the Design and Assessment Engineering Costs for the Hosking Trunk Sewer (Assessment District No. 91-1) and appropriate $100,000 therefor, as follows: The City Council referred the matter of City participation in the design and assessment engineering for the Hosking Trunk Sewer to the Budget and Finance Committee for review. The Committee reviewed a letter from Bojak Development, Inc., requesting that the City fund the estimated $100,000.00 needed to facilitate preliminary district costs such as design and assessment engineering. The Committee recognizes the significance that the construction of the Hosking Trunk Sewer has on development within existing incorporated areas and areas currently under annexation in south Bakersfield. The Committee expressed concern that City funding might set a precedent that developers on future assessment districts may try to follow. The Committee considered the fact that on other large assessment district projects, the developers have funded 100% of district costs. However, the Committee also realizes that in this project, the proposed district contains in excess of 100 various property owners, and it would be extremely difficult to require each property owner to pay their proportionate share of engineering costs and without participation by the various owners, this district may not proceed. The Committee is aware that more than 60% of property owners by area have and according to the Streets and Highways Code, property owners will be assessed for all costs incurred by the City, should the proposed district fail at the protest hearing stage. The Committee recognizes the fact that once municipal bonds are sold, the City will be reimbursed for all funds deposited to the assessment district. 174 Bakersfield, California, August 28, 1991 - Page 8 The Committee has reviewed the commitment by several developers within this area to deposit $25,000.00 as their proportionate share of engineering costs related to this assessment district. With this commitment by the developers, the Committee recommends that City Council appropriate the remaining $75,000.00 to this project from fund balance in the Sewer Enterprise Fund to the Public Works Capital Improvement budget within the Sewer Enterprise Fund. Upon a motion by Councilmember McDermott, Budget and Finance Committee Report No. 13-91 was accepted. Councilmember McDermott made a motion to implement the recommendations. Councilmember Brunni requested clarification for the record that the $25,000 that is being put up would be utilized before the City's moneys would be expended. Public Works Director Schulz responded it probably will be utilized proportionately, i.e. one-fourth developer and three- fourths City, as the expense come in or are due. Upon a motion by Councilmember McDermott, the recommendations of Budget and Finance Committee Report No. were implemented by the following roll call vote: 13-91 Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Councilmember DeMond, Chairperson of the Legislative and Litigation Committee, read Report No. 5-91 regarding AB 350, California Rivers Riparian Parkway Act, as follows: Under current law, several agencies have jurisdiction over riparian lands. AB 350 would centralize authority by establishing the California Rivers Riparian Parkway Program within the State Lands Commission. Although the program appears to assist local communities in providing public recreational amenities and multiple use purposes, it could jeopardize the City's continuing efforts to improve the Kern River. The program would require that the Kern River Plan be rewritten and readopted to comply with standards yet to be developed. Further, approval would then be necessary in order for future projects to qualify for funding. Additionally, all amendments to the Kern River Plan would have to be approved by the State Lands Commission. ]-75 Bakersfield, California, August 28, 1991 Page 9 The bill does not address the specific needs of the Kern River Plan; it institutes an additional layer of government regarding parkway funds and erodes local control over land usage. Therefore, the Legislative and Litigation Committee recommends the City Council accept this report opposing AB 350. Further, it recommends the City Council direct the City Manager to forward this report and a cover letter expressing opposition to the bill to Assemblymen Harvey and Wyman and Senator Rogers urging their support of the City's position. Copies of both the report and letter should be forwarded to the League of California cities Sacramento Office as well. Councilmember DeMond made a motion to accept the Report. Councilmember Salvaggio requested that this item be referred back to Committee for further analysis. At the request of Councilmember DeMond, City Attorney Lunardini stated his reasons for recommending opposing AB 350. Upon a motion by Councilmember DeMond, Legislative and Litigation Committee Report No. 5-91 was accepted. Councilmember DeMond made a motion to implement the recommendations. After much discussion, the motion by Councilmember DeMond to implement the recommendations of Legislative and Litigation Committee Report No. 5-91 was approved with Councilmember Salvaggio voting no. Councilmember Salvaggio, Chairperson of the Water Board, read Report No. 1-91 regarding Assembly Bill No. 2090 (Katz) relating to Water Transfers as follows: At the August 14, 1991 City Council meeting, the matter of Assembly Bill No. 2090, commonly known as the "Katz Bill" relating to water transfers, was referred to the Water Board for review. On August 20, the Bill was virtually killed for the remainder of the 1991 Legislative Session by the Senate Agriculture and Water Committee. However, after reviewing the Bill, the Water Board directed Water Resources staff to prepare a letter to Assemblyman Katz outlining concerns we have with the Bill as presently amended. It is the Water Board's position that the law now allows water users within existing districts to sell water for use within other water agencies when appropriate. This has been amply demonstrated throughout the State of California during the current five-year drought. A major shortcoming of the Bill is that it does not provide adequate protection to prevent the sale of surface water from overdrafted groundwater basins to other areas. Bakersfield, California, August 28, 1991 - Page 10 As proposed, the Bill would have given the State authority over Pre-1914 appropriative water rights and local ground water supplies. This means the State Board would be given jurisdiction over City of Bakersfield Water Rights that the State does not currently have. This Bill is unduly complex and cumbersome. For a temporary transfer, one calendar year or less, the time schedule and procedure for the water user to make the arrangements for the transfer almost defeat the purpose of the Bill. The Water Board has also directed staff to continue to monitor this Bill. If it should be resurrected during the 1992 Legislative Session, the Water Board will review and report back to the City Council. Councilmember Salvaggio made a motion to accept the Report. Councilmember McDermott requested that a statement be included in the Report that says the Bill in its present form is unacceptable to the Bakersfield City Council. He also requested that the Mayor write a letter on behalf of the Council to Assemblyman Katz and the appropriate legislators indicating our opposition to that legislation. Upon a motion by Councilmember Salvaggio, Report No. 1-91 was accepted, as amended, and the Mayor was asked to coordinate with the Water Department to make sure that the letters are consistent. ACTION ON BIDS Fire Hydrants and Bur¥s. Upon a motion by Councilmember DeMond, the low bids from Clow Valve Company (150 items, $33,647.01) and Long Beach Iron Works, Inc., (130 items, $6,831.83) were accepted. Personal Computer Hardware and Accessories for Planning, Traffic and Engineering. Councilmember Peterson made a motion to accept the low bids. Councilmember McDermott suggested, in the future when writing bids for computer type of equipment, that staff take into account not only the low bid, but the entire package of maintenance, response time and hands-on service in getting the equipment installed. Upon a motion by Councilmember Peterson, the low bids from Computerland Information Systems (29 items, $34,663.96); Computers and Concepts (5 items, $23,398.73); R & M Enterprises (3 items, $4,551.09) and Kalleen's Computer Products (1 item, $741.63) were accepted with Councilmember McDermott voting no. Bakersfield, California, August 28, 1991 - Page 11 Motorcycles for Police Department (9 replacement). Upon a motion by Councilmember Peterson, the bid from Pat Ryan Kawasaki in the amount of $61,264.42 was accepted. Approval of Contract No. 91-193 with J. L. Denio, Inc., to fill and compact the lot on the northwest corner of 18th and "K" Streets (formerly Walker Men's Store). (Ward Z) Upon a motion by Councilmember DeMond, the low bid from J.L. Denio, Inc., in the amount of $23,750.00 was accepted, and the Mayor was authorized to execute the Contract. DEFERRED BUSINESS Adoption of Ordinance No. 3394 amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield and City Zoning Map No. 103-22 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. This Ordinance was given first reading at the meeting of August 14, 1991. Upon a motion by Councilmember Smith, Ordinance No. 3394 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 Ordinance No. 3395 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-3, Central Business Zone) of the City of Bakersfield Municlpal Code relating to Commercial Zones. This Ordinance was given first reading at the meeting of August 14, 1991. Councilmember McDermott made a motion to adopt the Ordinance and recommended (1) an amendment to include as a permitted use residential facilities, as defined in Section 1502 of the Health and Safety Code of the State of California; and (2) that July 1, 1992, be used as the recommended implementation date of the Ordinance. Additionally, Councilmember McDermott requested, as part of the implementation, that staff try and contact those people who have filed a site plan with the Planning Department and let them know about the change in the effective date. 173 Bakersfield, California, August 28, 1991 - Page 12 Councilmember Brunni stated she would like to add some friendly amendments to Councilmember McDermott's motion to include as permitted uses day care facilities for children and elder care facilities. Additionally, she requested that tattoo salons be taken out as a permitted use under the C-1 Zoning. Councilmember Brunni also requested clarification regarding the implementation date of the Ordinance and was advised by Councilmember McDermott that the date should be January 1, 1992, instead of July. At the request of Mayor Medders, Councilmember McDermott restated his motion to amend the Ordinance to include as permitted uses day care nurseries, residential facilities as defined in Section 1502 of the Health and Safety Code, adult care facilities; to exclude as a permitted use tattoo salons; and to change the effective date to January 1, 1992. Upon a motion by Councilmember McDermott, Ordinance No. 3395 was adopted with the amendments 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. 3396 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 Meatham No. i Annexation (Ward 4). This Ordinance was given first reading at the meeting of August 14, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3396 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. 3397 amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Bakersfield Municipal Code and City Zoning Map No. 101-13 by prezoning property located at the southwest corner of Reina Road and Jewetta Avenue known as Reina No. I Annexation (Ward 4). This Ordinance was given first reading at the meeting of August 14, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3397 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 28, 1991 - Page 13 Adoption of Ordinance No. 3398 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 Bakersfield 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. This Ordinance was given first reading at the meeting of August 14, 1991. Councilmember Brunni made a motion to adopt the Ordinance and stated for the record that she spoke to the applicant on this, as well as Planning Director Hardisty, regarding Councilmember McDermott's concern about the commercial property being in such close proximity to a high school and to a potential park in the future. It is intended that restrictions of the use of that commercial property, so that they would be compatible with the other surrounding uses, would be handled through a specific plan amendment, as there is a specific plan on this whole area, and it is agreeable to everyone involved. Upon a motion by Councilmember Brunni, Ordinance No. 3398 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 Ordinance No. 3399 amending Title Seventeen of the Bakersfield Municipal Code and city Zoning Map NO. 123-06 by changing the Land Use Zoning of those certain properties in the City of Bakersfield consisting of 10.7+/- acres generally located along the northwest corner of the Buena vista Canal and Paseo vista Boulevard from an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelllng) Zone. This Ordinance was given first reading at the meeting of August 14, 1991. Upon a motion by Councilmember Brunni, Ordinance No. 3399 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None 180 Bakersfield, California, August 28, 1991 - Page 14 NEW BUSINESS First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and city Zoning Map 101-13 by prezoning property located at the northwest corner of Jewetta Avenue and Noriega Road known as Noriega No. i Annexation (Ward 4). This Ordinance amends Title 17 of the Bakersfield Municipal Code and prezones approximately 200 acres of Noriega No. 1 Annexation as an A-20A Zone. First Reading of an Ordinance amending Title Seventeen of the Bakersfield Municipal Code and City Zoning Map No. 123-02 by prezoning property located south of Belle Terrace, west of Stine Road known as Stine No. S Annexation (Ward 5). Municipal Stine No. This Ordinance amends Title 17 of the Bakersfield Code and prezones approximately 1.396+/- acres of the 8 Annexation as R-3 Zone. Adoption of Resolution No. 180-91 specifying that, unless excluded by Council, all portions of the proposed Wihle No. 9 Annexation shall, upon annexation to the City of Bakersfield, he included within the Greater Bakersfield Separation of Grade District (Ward 7). This Resolution initiates proceedings to include Wible No. 9 within the Greater Bakersfield Separation of Grade District and sets Wednesday, October 2, 1991, as the date for protest hearing on the matter. Upon a motion by Councilmember Salvaggio, Resolution No. 180-91 was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvagglo Adoption of Resolution No. 181-91 specifying, unless excluded by Council, all portions of the proposed Wible No. 10 Annexation shall, upon annexation to the City of Bakersfield, he included within the Oreater Bakersfield Separation of Grade District (Ward 7). This Resolution initiates proceedings to include Wible No. 10 within the Greater Bakersfield Separation of Grade District and sets Wednesday, October 2, 1991, as the date for protest hearing on the matter. Upon a motion by Councilmember Salvagglo, Resolution No. 181-91 was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio Bakersfield, California, August 28, 1991 - Page 15 Replacement of Council representative to the Community Advisory Council. (Southeast Metropolitan Bakersfield Employment and Economic Incentive Area) Upon a motion by Councilmember Peterson, Councilmember DeMond was appointed as the Council representative to the Community Advisory Council. COUNCIL STATEMENTS Upon a motion by Councilmember Brunni, AB 620 (Jim Costa) was referred to the Legislative and Litigation Committee. Councilmember Brunni stated that there is going to be a "Show and Tell" table at the League Conference, and she wondered if it would be appropriate to have the All-America City video there to be shown unmanned. Upon a motion by Councilmember Brunni, the issue of what affect the defibrillator training will have on the budget the future was referred to the Budget and Finance Committee° in Councilmember McDermott stated that he feels the Council and the community need to start looking towards some type of goal for a cultural arts center that could be built some time around 1998 on the 100th anniversary. Upon a motion by Councilmember McDermott, the issue of allowing the Symphony to use the Convention Center for some of its practice sessions was referred to the Convention Center and Community Services Committee. Councilmember DeMond advised that a letter to the Mayor had been received from a construction company in Yuma, Arizona, commending Building Director Bidwell and the Building Department staff on how they were handled. She stated she hopes the rest of the City could learn about this because it is important. Councilmember Peterson made a motion to adjourn. Councilmember Edwards suggested that perhaps an Ad Hoc Committee, consisting of one or two Councilmembers plus some interested citizens, could be formed to formulate plans, do research, determine some costs and feasibilities with regard to a cultural center. Councilmember Edwards inquired as to the status regarding street sweeping on designated days. Public Works Director Schulz responded that a memorandum was distributed to all the Councilmembers, and a resolution will be coming to Council within the next 30 to 45 days. Councilmember Edwards inquired as to the status of his request regarding block parties and subsequent street closures. City Manager Hawley responded that this issue was referred to the Urban Development Committee, and they have been meeting on it. There were several questions that came up regarding liability and other difficulties in closing the street, and the Committee had asked that staff get some additional information, which is still being evaluated. In the meantime, a status report has been prepared, and Council should be receiving it tomorrow. Bakersfield, California, August 28, 1991 - Page 16 Councilmember Edwards asked about the contaminated well issue that was discussed in correspondence received and in the newspapers. He asked whether that well should be permitted, or whether or not we need to take some legal action to prevent the contamination of our own water resources. city Attorney Lunardini responded that the well is going to be shut down very shortly, maybe even tomorrow. Water and Sanitation Manager Dow responded that the State Regional Water Quality Control Board, the Department of Health Services from the State, the Kern County Water Agency, the Kern County Health Department, and our own office met today discussing that well. The agency has agreed to shut the well down tomorrow and begin an acceptable procedure to those health agencies for sealing off the contaminated zone. There are three layers in there, three aquifers, and one of them is contaminated. They should be able to come up with something to seal that. The City has a well within 1500 feet, and we don't want it contaminated. It is clean today. Tomorrow the well will be turned off, the motor and pump removed, and testing will begin at different levels to determine what direction the water is going. All of the above-mentioned agencies will be involved in that process. Upon a motion by Councilmember McDermott, an Ad Hoc Committee, consisting of Councilmembers Edwards, Smith and McDermott, was formed to work with people in the community to deal with the potential of a new cultural arts center in the community. Councilmember Brunni thanked Water and Sanitation Manager Dow and staff for their work in getting the contaminated well shut down. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Peterson, the meeting was adjourned at 8:45 p.m. ATTEST: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield, CA ndw