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
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