HomeMy WebLinkAbout11/06/1991 MINUTES CCBakersfield, California, November 6, 1991
Minutes of the Workshop of the Council of the City of
Bakersfield, California, held in the Council Chambers of City
Hall at 5:15 p.m., November 6, 1991.
Present:
Absent:
The meeting was called to order by Mayor Medders.
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
WORKSHOP
Risk Management History, Programs and
Direction.
Risk Manager Manzer recognized Betty Wilson from the
Personnel Division, who assisted him with the presentation, and
he provided a review of the City's Risk Management Program.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned to Closed Session at 5:30 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
Council of the City of Bakersfield, CA
ndw
244
Bakersfield, California, November 6, 1991
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers of
City Hall at 5:30 p.m., November 6, 1991.
The meeting was called to order by Mayor Medders.
Present:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Upon a motion by Councilmember Peterson, the following
item, which arose after the Agenda was posted and upon which
action is necessary, was added to Closed Session:
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation.
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54957.6 regarding the
reclassification study in the negotiation
process (Reward Strategy Group, Inc.).
Closed Session pursuant to Government Code
Section 54956.9(b)(1) regarding potential
litigation.
Upon a motion by Councilmember Peterson, Council
recessed to the City Manager's Conference Room for Closed Session
at 5:35 p.m.
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting for
Closed Session was adjourned at 6:55 p.m.
MAYOR of the City of BakersWield, CA
ATTEST:
Council of the City of Bakersfield, CA
ndw
Bakersfield, California, November 6, 1991
Absent:
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., November 6, 1991.
The meeting was called to order by Mayor Medders
followed by the Invocation by Charlie Conner, Member of the Board
of Deacons, First Assembly of God Church, and the Pledge of
Allegiance, which was lead by Teen Mayor Charisse Carpenter.
City Clerk Williams called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
Mayor Medders introduced the student body presidents
from nine area high schools who will serve as Mayor, City Council
and City Manager counterparts for this Council meeting, as
follows: Charisse Carpenter, Highland High, Mayor; Zach Shaffer,
West High, Ward 1; Chad Manning, Bakersfield High, Ward 2; Karin
Ward, Community Christian High, Ward 3 (absent); Jordan Snedaker,
East Bakersfield High, Ward 4; Brad Hanson, Foothill High, Ward
5; Adam Icardo, Garces High, Ward 6; Kori Ermigarat, North High,
Ward 7 (absent); and Karen Morales, South High, City Manager.
Mayor Medders welcomed the students to the Council
meeting and thanked them for participating in the 37th
consecutive "Teen Government Day".
PRESENTATION
Mayor Medders presented a retirement plaque and a gift
certificate to Mr. Joseph A. Karam of the Community Services
Department for 39 years of service to the City of Bakersfield.
Mayor Medders introduced Mr. Karam who passed along to
Ms. Nancy Maddox the traditional plaque for the "oldest..
employee, who will keep the plaque until she retires.
Mayor Medders presented a Proclamation to
Mr. Russ Bower proclaiming the month of November, 1991, as
Alzheimer,s Disease Awareness Month in the City of Bakersfield.
Mr. Russ Bower, representing the Alzheimer,s Disease
Association of Kern County thanked the City for the Proclamation
and made some comments regarding the Association and its efforts
in helping people and their families afflicted with Alzheimer,s
Disease.
HEARINGS
Upon a motion by Councilmember Salvaggio, the following
Hearing Item was moved forward to be heard at this time.
Protest hearing for the Dennen No. 1
Annexation and inclusion into the Greater
Bakersfield Separation of Grade District
(Ward 7).
This hearing has been duly advertised, posted and
property owners notified as required by law.
Seventy-nine protest letters have been received in
opposition to the annexation, along with an eight-page petition.
Bakersfield, California, November 6, 1991 - Page 2
Planning Director Hardisty made a recommendation to
terminate the proceedings for this hearing.
Upon a motion by Councilmember Salvaggio, the
annexation proceedings regarding the Dennen No. 1 Annexation were
terminated.
(HEARINGS ARE CONTINUED ON PAGE 8)
Calendar:
CONBENT CALENDAR
The following items were listed on the Consent
Approval of Voucher Nos. 3035 to 3590,
inclusive, in the amount of $1,584,813.45
and Self Insurance Voucher Nos. 609 to
733, inclusive, in the amount of $53,204.82.
Minutes of the Regular Meeting of October 23,
1991, for approval.
Dedication of Properties:
Deed No. 3400, Grant of Easement
from Regional Mortgage Company,
Inc., for a sewer line located
south of Hosking Avenue between
Stine Road and Wible Road.
Grant Deed of Easement No. 3401
from Frank M. St. Clair and
Bradley H. St. Clair for wall
footings adjacent to a sump
located west of Wible Road between
Hosking Avenue and McKee Road.
Grant Deed of Easement No. 3402
from McKee and Wible Road
Developers for wall footings
adjacent to a sump located west
of Wible Road between Hosking
Avenue and McKee Road.
4 o
Grant Deed of Easement No. 3403
from Regional Mortgage Co. for
wall footings adjacent to a sump
located west of Wible Road
between Hosking Avenue and
McKee Road.
5e
Deed No. 3404, Grant of Easement
to East Bakersfield Associates
for a landscape, roadway, and
utility easement located west of
Oswell Street and adjacent to
State Route 178.
Deed No. 3405, Storm Drain
Easement (Permanent) from Atlantic
Richfield Company for storm drain
facilities located south of White
Lane and west of South "H" Street.
Bakersfield, California, November 6, 1991 - Page 3
10.
11.
12.
13.
14.
15.
16.
Deed No. 3406, Traffic Signal
Easement from Sundance Apartments
Associates to provide for an
electrical connection for traffic
signals at the intersection of
White Lane at Wilson Road.
Grant Deed of Easement No. 3407
from Castle & Cooke Development
Corporation for a temporary
drainage basin located south of
Ming Avenue and east of Buena
Vista Road.
Corporation Grant Deed No. 3408
from Castle & Cooke Development
Corporation for a drainage basin
located north of White Lane and
east of Buena Vista Road.
Deed No. 3409, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
north of White Lane and east of
Buena Vista Road.
Street Right-of-Way Deed No. 3410
from Castle & Cooke Development
Corporation for a portion of
Mountain Vista Drive and Grand
Lakes Avenue located north of
White Lane and east of Buena
Vista Road.
Street Right-of-Way Deed No. 3411
from Castle & Cooke Development
Corporation for a portion of
Brimhall Road between Allen Road
and Jewetta Avenue.
Grant Deed of Temporary Easement
No. 3412 from Castle & Cooke
Development Corporation for a
temporary turnaround located
north of Brimhall Road and east
of Allen Road.
Deed No. 3413, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
north of Brimhall Road between
Allen Road and Jewetta Avenue.
Deed No. 3414, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
south of Brimhall Road between
Allen Road and Jewetta Avenue.
Street Right-of-Way Deed No. 3415
from Castle & Cooke Development
Corporation for a portion of
Brimhall Road east of Calloway
Drive.
Bakersfield, California, November 6, 1991 - Page 4
17.
Deed No. 3416, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
south of Brimhall Road and east of
Calloway Drive (Sump No. 1).
18.
Deed No. 3417, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
south of Brimhall Road and east of
Calloway Drive (Sump No. 2).
19.
Deed No. 3418, Flowage and
Drainage Easement from Castle &
Cooke Development Corporation for
a temporary drainage basin located
south of Brimhall Road and west of
Mondavi Way. (Temporary Sump No. 3)
20.
Deed No. 3419, Temporary Emergency
Access Easement from Fruitvale
Properties for an access easement
located south of Hageman road and
west of Fruitvale Avenue.
Maps and Improvement Agreements:
Final Map and Improvement
Agreement Nos. 91-232 and
91-233 with Fruitvale Properties
for Tract 5144, Phase II,
consisting of 24 lots on 6.96
acres located south of Hageman
Road between Patton Way and
Fruitvale Avenue.
Final Map and Improvement
Agreement Nos. 91-234 and
91-235 with Castle & Cooke
Development Corporation for
Tract 5221 consisting of 34 lots
on 22.39 acres located south of
Ming Avenue between Grand Lakes
Avenue and Buena Vista Road.
Notice of Completion and acceptance of
work for Contract No. 91-120 with A-C
Electric Company for traffic signal on
White Lane at Wilson Road, completed
October 16, 1991.
Approval of Plans and Specifications for
the following:
Traffic signal system on Pacheco
Road at Stine Road.
Construction of curb and gutter
on Jewett Avenue, between 31st
Street and 34th Street.
Widening and modification of
intersection at Coffee Road and
Rosedale Highway.
Bakersfield, California, November 6, 1991 - Page 5
Traffic signal system and
permanent count station on East
California Avenue at South King
Street.
Request for Extension of Time from Castle
& Cooke Development Corporation to extend
the completion date for Improvement
Agreement Nos. 90-238 and 90-239 for
Tract 4902, Unit B, and Tract 4902, Unit D,
to April 17, 1992.
Agreement No. 91-236, Encroachment Permit
with Rosedale Rio Bravo Water Storage
District to cross the Rosedale Channel
with a 16-inch domestic water mainline.
Purchase Agreement No. 91-237 with, and
Deed No. 3240 from, B&C Associates for
property west of Coffee Road for proposed
Kern River Freeway.
License Agreement No. 91-238 with
Arvin-Edison Water Storage District to
allow a City domestic water pipeline to
cross the Arvin-Edison Canal on Camino
Media between Gosford Road and Haggin Oaks
Boulevard.
Appropriation of 1991-92 TDA Article 3
allocation in the amount of $63,459 to
the Public Works Capital Improvement
Budget and $2,400 to the Public Works
Operating Budget within the TDA Funds for
the bikepath extension east of Manor Street
(City portion) and acquisition of bicycle
lockers.
Resolution No. 215-91 ordering the summary
vacation of the westerly portion of the
33 foot wide alley in Block 324, in City
owned property. (Ward 2)
Resolution ordering the summary vacation
of the superseded portions of Stockdale
Highway and Buena Vista Road between
Allen Road and Old River Road in the City
of Bakersfield. (Ward 4) (DELETED)
Resolution No. 216-91 adopting a Negative
Declaration for the proposed formation of
the Hosking Sewer Benefit Assessment
District 91-1 to finance construction of
the $2 million Hosking Sewer Trunk Line.
(Wards 6 and 7)
Upon a motion by Councilmember DeMond, Items a, b, c,
d, e, f, g, h, i, j, k, 1, and n, with the deletion of Item m, 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
Bakersfield, California, November 6, 1991 - Page 6
Upon a motion by Councilmember DeMond, the following
Item, which arose after the Agenda was prepared and upon which
action is necessary, was added to the Agenda at this time.
Approval of Letter of Agreement No. 91-239
with County of Kern for terms and conditions
for closure of Bakersfield Sanitary Landfill.
At the request of Councilmember Brunni, Mr. Steve
McCalley, Director of the Environmental Health Services for Kern
County, was recognized and made the following statement for the
record:
I'm before you this evening on behalf of the
Local Enforcement Agency for the California
Integrated Waste Management Board, of which
the Environmental Health Services Department
acts as locally.
As you are, I'm sure, aware this process with
the Bakersfield Bluffs Landfill has been one
of great anxiety for both the City and the
County, and certainly for the LEA, as the --
I'd like to characterize it as the mediator
attempting to bring the City and the County
to enforcement compliance so that we can
continue to handle this issue on a local
basis. We began the process in May to bring
this issue to closure and, hopefully, get
consent out of the City and the County
departments to recognize a course of action
under a notice and order process and, after
that, a stipulated notice and order process.
In order to essentially allow a facility that
is not in compliance to continue in that
manner without the potential impact of fines,
the stipulated notice and order is the
vehicle that we are required by the State to
utilize. Accordingly, we issued one earlier
in the summer, but there was some anxiety on
specific informational portion of that notice
and order that we included. After some
discussion and negotiation with the City, we
agreed to remove that and simply leave the
items that the City and the County would
stipulate to in the agreement, removing that
area of specific concern on the part of the
City Attorney.
We, in reviewing this process with Mr. Dow of
the City and Mr. Landon of the Public Works
Department for the County, recognize that the
dates for compliance were such that they may
not be readily met and; therefore, we ask
that they provide us with a tentative
schedule, a proposal if you will, to seek
compliance with these. We originally
included that in a stipulated notice and
order.
Bakersfield, California, November 6, 1991 - Page 7
Based on some anxiety on the part of the City
Attorney,s Office, that was modified in a
sense, and worked our way down to the
document that you have in front of you I
believe dated October 8th. The dates that
Councilmember Brunni is concerned about, yes,
have passed. When we included those in the
document, however, it was recognized that
many of them, in fact, may be complete
because of the -- be completed prior to the
process of it actually adopting the
stipulated notice and order because of the
necessary time frames to assure both the City
Council approval and the County Board of
Supervisors approval, etc.
This evening, we have significant progress
made on many of these and, in fact,
completion on a couple of the items. Item
No. 1 has been complied with. Item No. 2 is
in progress. Item No. 3 has been complied
with. Item No. 4 has been partially complied
with by the submittal of a current plot plan.
Item No. 5, as the City Attorney has
referenced, we are willing to move that to
December 1, recognizing that that is a
difficult item but is, in fact, moving along
rather well at this point. Item 6 is an
ongoing activity. Item 7.a. is in progress,
and 7.b. has been complied with.
I think it's fair to say that in recognition
of the dates, though they be past this
evening's date, that they -- an agreement,
either officially or in concept is at hand,
and we are making a significant amount of
progress toward resolving this issue.
The Local Enforcement Agency, at any time,
can have its authority usurped by the
California Integrated Waste Management Board.
We, however, believe that with the stipulated
agreement, and in Council assent to that this
evening, that we can continue to keep this
item local and that we could work in the
cooperative manner that we have in order to
bring it to resolution.
City Attorney Lunardini requested with regard to Item
Nos. 2, 4 and 5 on the Stipulated Order of Compliance, that the
dates be changed to December 1, 1991.
Mr. McCalley responded as follows:
If the Council will be in a position to adopt
the stipulated notice and order with that
modification, I think that would serve our
goal of moving ahead with a noncompliance
situation recognizing that it will,
hopefully, be in compliance by December 1,
which is three short weeks away, and we can,
hopefully, continue the local joint
cooperation.
Councilmember Salvaggio requested that staff provide
Council with a revised Administrative Report and Stipulated Order
of Compliance, based on tonight's action and recommendations.
252
Bakersfield, California, November 6, 1991 - Page 8
Upon a motion by Councilmember Peterson, Agreement
No. 91-239, Stipulated Order of Compliance, was approved with the
appropriate date changes on Item Nos. 2, 4 and 5 to December 1,
1991, 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
PUBLIC STATEMENTS
Ms. Carol Miranda, New Stine Road, spoke regarding
yesterday's City Council election, the cutting down of trees on
Truxtun Avenue, donations by City Council to nonprofit agencies,
and the recent Town Council meeting shown on television.
Ms. Barbara Don Carlos, representing the Building
Industry Association of Kern County, spoke regarding the
Congestion Management Program and encouraged Council's support of
the new draft submitted by KernCog staff which incorporates all
of the changes and additions that were worked on during workshops
and Council meetings.
HEARINGS (Continued)
Hearing regarding amendment to the Land Use
Element of the Metropolitan Bakersfield 2010
General Plan and proposed environmental
documents concerning the following segment.
SEGMENT I:
Hull and Associates, agent for John Gilli,
Anne Loudon and Ron Richardson has applied to
amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of a change from SR to LR on
126+/- acres located along the west side of
Wible Road between McKee Road and State
Highway 119 as shown on Exhibit "A". (Ward
6, Wible No. 11)
This hearing has been duly advertised, posted and
property owners notified as required by law.
Due to a real or imagined conflict of interest,
Councilmember Brunni was absent during the discussion and action
on this hearing.
Mayor Medders declared the hearing open for public
participation.
Mr. Joe Garone, representing the owners of the property
located to the west, requested that the 20 acres at the northeast
corner of Taft Highway and Akers Road be included in this
amendment.
Planning Director Hardisty suggested that Council refer
the 20-acre parcel to the Planning Commission for hearing and
recommendation.
No protest or objections being received and no one else
wishing to speak in favor, Mayor Medders closed the public
portion of the hearing for Council deliberation and action.
Bakersfield, California, November 6, 1991 - Page 9
Adoption of Resolution No. 217-91 making
findings, approving Negative Declaration and
approving Segment I of proposed General Plan
Amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
(Land Use Element Amendment 3-91) o
Upon a motion by Councilmember McDermott, Resolution
No. 217-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Upon a motion by Councilmember McDermott, the General
Plan Amendment for the 20-acre parcel at the northeast corner of
Taft Highway and Akers Road was referred to the Planning
Commission.
Hearing regarding an amendment to the Land
Use Element of the Metropolitan Bakersfield
2010 General Plan concerning the following
segment:
SEGMENT II:
City of Bakersfield proposes to amend the
Land Use Element of the Metropolltan
Bakersfield 2010 General Plan by revising the
text of Implementation Measure 6(a) to be
consistent with recently adopted site plan
review procedures.
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. 218-91 making
findings, approving and adopting Segment II
of proposed amendment to the Land Use Element
of the Metropolitan Bakersfield 2010 General
Plan (Land Use Element Amendment 3-91).
Upon a motion by Councilmember Edwards, Resolution
No. 218-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, November 6, 1991 - Page 10
Hearing regarding an amendment to the Land
Use Element of the Metropolitan Bakersfield
2010 General Plan and proposed environmental
documents concerning the following segment:
SEGMENT V:
An amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of a change from OS-P to LR on
12.9 +/- acres and PS to OS-P on 14.17 acres
generally located between Pacheco Road and
Panama Lane, and Gosford Road and Ashe Road,
commonly known as the Silver Creek
Neighborhood. The amendment would
consolidate three small neighborhood parks
into one enhanced neighborhood park (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.
Mr. Dennis Fox, 918 Blossom, spoke regarding the
condition with respect to a city-wide park district and
recommended that wording be added to include a metropolitan-wide
park district. He also suggested that consideration be given to
low maintenance appropriative horticulture for the 1990's with
zeroscape wherein one-half of the plants and grasses that use
one-half of the water would result in one-half of the mowing.
Mr. Dennis Holland, from the Silver Creek area, spoke
in opposition to locating a park next to a public school.
Mr. Don Lindsay, representing Castle & Cooke, spoke in
favor of the park, and recommended that two modifications be
considered. He requested that the time frame for construction of
the park be extended from 18 months to 24 months to provide
Castle & Cooke ample time for the review and approval process.
Mr. Lindsay also requested that when the plan is complete, but
prior to the commencement of preparation of construction and
engineering, that it go before the Convention Center and
Community Services Committee for final review in order to make
sure all the needed and necessary facilities are there and that
the plan makes sense before Castle & Cooke does the final
engineering and planning of the park.
No further protest or objections being received and no
one else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Bakersfield, California, November 6, 1991 - Page 11
Adoption of Resolution No. 219-91 making
findings, approving Negative Declaration and
adopting Segment V of proposed amendment to
the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan (Land Use
Element Amendment 3-91).
Councilmember Brunni made a motion to adopt the
Resolution making findings, adopting the Negative Declaration and
approving the General Plan Amendment, Segment V to the Land Use
Element with the conditions modified, as follows: No. 4 would
read: "metropolitan-wide park district"; No. 5 would read:
"Funding for recreation programming at said park shall be from
the general fund, metropolitan-wide park maintenance district or
other recreation service providers as approved by the City
Council; and No. 3, the reference to 18 months would be increased
to 24 months.
Councilmember Salvaggio made the following statement
for the record:
I've never said this publicly before, but in
defense of staff, the closest this Council
has come to forming a metropolitan park and
recreation district was a year or so ago,
maybe it's been 2 years, my memory escapes
me .... Councilman McDermott wasn't here that
night, that's right. So, for his benefit,
too, I wanted to make this statement for a
long time. The closest we came was to vote
-- now, listen carefully, please, this is a
teacher talking .... -- vote to hold a protest
hearing to whether or not we would schedule a
vote, because the people would have to vote
on such a district, okay? A lot of people
don't realize that. We just can't do that
ourselves. The closest we came was to hold a
protest hearing to decide whether we would
actually have a vote to form such a district.
I knew -- and I abstained that night -- and
there were some people who were unhappy with
that, because I do think the people of this
City should have the vote on that, but I did
not support going to a protest hearing
because I knew that there would not be 4
votes to put it on the ballot. Not that I
polled the Council, but with 3 members of the
Council having articulated their views
publicly, and I believed they would be
consistent, and after talking to another one
privately, I realized there would not be 4
votes to put it on the ballot. So why should
I support going to another hearing, or
whatever it was, and sending out notices that
I believe would have cost over $60,000 of
taxpayer money, knowing good and well that we
would have sent those notices out -- that was
it, we were going to vote to have a hearing
to put it on the ballot, that was it --
knowing good and well that when the hearing
occurred, then we'd spent 60 grand plus, and
then there were 4 Councilmembers who would
not support putting it on the ballot. So
that's why I abstained because I'm not going
to waste the money. I'm not going to throw
it down a rat hole. Thank you.
256
Bakersfield, California, November 6, 1991 - Page 12
After much discussion, upon a motion by Councilmember
Brunni, Resolution No. 219-91 was adopted, with the recommended
changes to the Conditions of Approval, 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 Peterson, the meeting
was recessed at 8:22 p.m. and reconvened at 8:30 p.m.
City Manager Hawley made a statement regarding the
issue of the metropolitan park and recreation district. He
advised that staff has been working on this issue, and he will be
providing to Council, at the next meeting, a work program that
has been outlined. Mr. Hawley also advised that tentative dates
for public workshops have been set, and they will be presented to
Council at the next meeting.
Hearing regarding an amendment to Policy No.
47 of the Parks Element of the Metropolitan
Bakersfield 2010 General Plan. (location
criteria)
This hearing has been duly advertised and posted as
required by law.
Mayor Medders declared the hearing open for public
participation. No protest or objection 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. 220-91 making
findings, approving Negative Declaration and
approving proposed amendment to the Parks
Element of the Metropolitan Bakersfield 2010
General Plan.
Upon a motion by Councilmember Smith, Resolution
No. 220-91 was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Protest hearing for the Ashe No. 2 Annexation
and inclusion into the Greater Bakersfield
separation of Grade District (Wards 4 and 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.
Mr. Frank Fekete, Attorney with Schools Legal Services,
spoke on behalf of the Lakeside and Panama-Buena Vista School
Districts which are affected by this annexation. He requested
that this matter be continued until either the developer or the
School District comes back and tells Council that there has been
a satisfactory agreement with respect to mitigating the impact
or, in the alternative, one of the parties is not acting in good
faith and resisting an agreement.
Bakersfield, California, November 6, 1991 - Page 13
Mr. Maurice Etchechury, representing the landowner,
spoke in support of the annexation.
Mr. Fekete spoke in rebuttal in favor of continuing the
this matter.
Mr. Etchechury spoke in rebuttal in support of the
annexation.
No further protest or objection being received, and no
one else wishing to speak in favor, Mayor Medders closed the
public portion of the hearing for Council deliberation and
action.
Adoption of Resolution No. 221-91 making
findings that no written protest has been
filed and ordering the territory designated
as Proceeding No. 1077, Annexation No. 354,
Ashe No. 2, annexed to the city of
Bakersfield and included in the Greater
Bakersfield Separation of Grade District
(Wards 4 and 6).
Councilmember McDermott stated he supports the school
district working with the developer to come up with where the
school sites ought to be located in this area, and he made a
motion to adopt the Resolution ordering the territory annexed
to the City of Bakersfield and included in the Greater
Bakersfield Separation of Grade District.
Due to the temporary absence of Mayor Medders, Vice
Mayor Peterson chaired the meeting at 9:00 p.m.
After much discussion upon a motion by Councilmember
McDermott, Resolution No. 221-91 was adopted by the following
roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
Councilmember Edwards
None
None
Peterson,
Hearing for consideration of the report by
the Fire Chief specifying work to be done,
and description of the property upon which
hazardous weeds and debris are located.
(Wards i and 2)
This hearing has been duly posted and property owners
notified as required by law.
City Clerk Williams stated she was advised by the Fire
Chief that several properties will be removed from the
Resolution; therefore, a new page will be added to the document.
Vice Mayor Peterson declared the hearing open for
public participation. No protest or objection being received and
no one wishing to speak in favor, Vice Mayor Peterson closed the
public portion of the hearing for Council deliberation and
action.
Bakersfield, California, November 6, 1991 - Page 14
Adoption of Resolution No. 222-91 finding
that certain weeds growing 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 Edwards, Resolution
No. 222-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
DEFERRED BUSINESS
Adoption of Ordinance No. 3409 amending
Bection 17.06.020 of Chapter 17.06 (Zoning
Map) of the Bakersfleld Municipal Code and
City Zoning Map No. 103-20 by prezoning
property located generally between Bernard
Street, Columbus Street, River Blvd. and
Union Avenue known as Co1~mhus No. 1
Annexation (Ward 2 or 3).
This Ordinance was given first reading at the meeting
of October 23, 1991.
Upon a motion by Councilmember DeMond, Ordinance
No. 3409 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. 3410 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 123-26 by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield consisting of 36.2
acres generally located at the southeast
corner of Panama Lane and Akers Road
intersection from an A-20A (Agricultural
Twenty-Acre Minimum Lot Size) Zone to an R-1
(One Family Dwelling), or more restrictive
Zone (Ward 6).
This Ordinance was given first reading at the meeting
of October 23, 1991.
Upon a motion by Councilmember McDermott, Ordinance
No. 3410 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, November 6, 1991 - Page 15
Adoption of Ordinance No. 3411 amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 102-19 by changing the
land use zoning of those certain properties
in the City of Bakersfield consisting of
7.39+/- acres generally located west of
Calloway Drive and 385.84 feet south of
Hageman Road from an R-2 (Limited Multiple
Family Dwelling) Zone to an R-1 (One Family
Dwelling), or more restrictive Zone (Ward 4).
This Ordinance was given first reading at the meeting
of October 23, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3411 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. 3412 amending
Subsection E. of Section 10.56.080 of the
Bakersfield Municipal Code relating to
unlawful parking. (Vehicles for lease or
rent)
This Ordinance was given first reading at the meeting
of October 23, 1991.
Upon a motion by Councilmember Brunni, Ordinance
No. 3412 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers DeMond, Smith, Brunni,
McDermott, Salvaggio
Councilmember Edwards
None
None
Peterson,
Adoption of Ordinance No. 3413 amending
Section 4.04.040 and Section 4.04.060 of the
Bakersfield Municipal Code relating to Ward
Boundaries (Wards 1, 4, 6 and 7).
This Ordinance was given first reading at the meeting
of October 23, 1991.
Upon a motion by Councilmember McDermott, Ordinance
No. 3413 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Bakersfield, California, November 6, 1991 - Page 16
Adoption of Resolution 223-91 approving the
1991 Kern Congestion Management Program.
At the request of Councilmember McDermott, Mr. Ron
Brummett, Executive Director of Kern Council of Governments,
recognized and responded to questions.
was
Councilmember McDermott made a motion to adopt the
Congestion Management Program with an amendment to the second
paragraph of the Introduction, the next to the last sentence
should read: "The CMP shall be adopted by a majority of the
cities with the majority of the population and the Board of
Supervisors and the Agency."
Mayor Medders returned to the meeting at this time.
Upon a motion by Councilmember McDermott, Resolution
No. 223-91 was adopted, with the amendment, by the following roll
call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
Councilmember McDermott referred to the City Clerk to
check the ward boundaries, specifically with respect to the 1900
block of Manning Street north of Ming.
NEW BUSINESS
First Reading of an Ordinance amending Title
Seventeen of the Bakersfield Municipal Code
and Zoning Map No. 102-18 by changing the
land use zoning of those certain properties
in the City of Bakersfield consisting of
58+/- acres generally located along the
northwest corner of Hageman Road and Verdugo
Lane from A-20A (Agriculture, 20-Acre Minimum
Lot Size) to R-1 (One Family Dwelling), from
R-S (Resldential Suburban, Minimum Lot Area
Not Less Than 24,000 Square Feet) to R-l,
from R-S to R-1-CH (Church Overlay) and from
A-Z0A to R-i-CH (Ward 4).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and rezones 52.4 +/- acres to R-i, and 5.7 +/-
acres to R-1-CH.
First Reading of an Ordinance amending
Sections 17.64.110, 17.64.120, 17.64.130 and
17.64.140, and repealing Chapter 17.68 of the
Bakersfield Municipal Code relating to zone
changes.
The proposed ordinance amendments make several
procedural changes to Chapter 17.64 with respect to prezonings
(zoning upon annexation), public hearing notice requirements
(gives proper due process if the Council modifies a Commission
recommendation) and wording clarification to reflect current
operating procedures by the Planning Commission. These changes
have been written to be consistent with state law requirements.
Secondly, Chapter 17.68 is to be repealed (Zoning Upon
Annexation) as that chapter refers to practices and procedures no
longer followed by the city and which are inconsistent with state
law.
Bakersfield, California, November 6, 1991 - Page 17
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. 123-35 by prezoning
property located along the west side of Wible
Road between McKee Road and State Highway 119
known as Wible No. 11 Annexation (Ward 6).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 120 acres of the Wible
No. 11 Annexation from County "A" to City R-1 on 106 +/- acres
and from County C-2 to City C-2 on 9 +/- acres.
First Reading of an Ordinance amending Title
Seventeen of the Bakersfleld Municipal Code
and Zoning Map No. 123-35 by changing the
Land Use Zoning of those certain properties
in the City of Bakersfield consisting of
20+/- acres generally located along the south
side of McKee Road approximately one-half
mile west of Wible Road from R-1 10,000 (One
Family Dwelling, Minimum Lot Area Not Less
Than 10,000 Square Feet Per Dwelling Unit) to
R-1 (One Family Dwelling, Minimum Lot Area
Not Less Than 6,000 Square Feet Per Dwelling
Unit (Ward 6).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and rezones 20 +/- acres to R-1.
Deletion of Resolution amending Resolutlon
No. 23-91 setting salaries and related
benefits for employees of the General
Supervisory, Fire Supervisory and Management
Units of the City of Bakersfleld.
Mayor Medders announced this Item has been deleted
because it was a duplication.
Adoption of Resolution No. 224-91 providing
for the adjustment of property tax revenues
upon local agency jurisdictional change
resulting from Annexation No. 355, LAFCO
Proceeding No. 1085, Buena Vista No. 5
Annexation (Ward 4).
Upon a motion by Councilmember Brunni, Resolution
No. 224-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Deletion of Resolution rescinding Resolution
No. 200-91 and Resolution of Application No.
174-91 which proposed proceedings for
annexation of territory to the City of
Bakersfield identified as Brimhall No. 2
Annexation (Ward 4).
Mayor Medders announced this Item has been deleted.
Bakersfield, California, November 6, 1991 - Page 18
Adoption of Resolution of Application No.
225-91 proposing proceedings for annexation
of territory to the city of Bakersfield
identified as Annexation No. 362, Brimhall
No. I Annexation, located east of Jewetta
Avenue approximately 300 feet north of
Brimhall Road (Ward 4).
Upon a motion by Councilmember Brunni, Resolution
No. 225-91 was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Donation of 1966 Crown Fire Engine to Lori
Brock Children's Museum.
Upon a motion by Councilmember Peterson, donation of
the 1966 Crown Fire Engine to the Lori Brock Children's Museum
was approved.
Appointment of Council Representative to Task
Force to study development impacts on school
districts.
Upon a motion by Councilmember McDermott, Councilmember
Brunni was appointed as the Council Representative to the Task
Force to Study Development Impacts on School Districts.
Councilmember Salvaggio requested from staff a copy of
the letter from a school district, or a group of school
districts, that was sent to the City about a month ago that
focused on the need for a task force.
Approval of Purchase Agreement No. 91-240
with, and Deed No. 3421 from, River Oaks
Partners for Kern River Freeway Right-of-Way,
west of Renfro Road.
Upon a motion by Councilmember McDermott, Purchase
Agreement No. 91-240 and Deed No. 3421 were approved, transfer of
appropriations from Truxtun Avenue Improvements (near Mohawk),
$278,505 and Union Avenue SPRR Overpass Easement Acquisition,
$25,000 to Kern River Freeway Right-of-Way Acquisition was
authorized, 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
Bakersfield, California, November 6, 1991 - Page 19
COUNCIL STATEMENTS
Councilmember Peterson requested staff prepare a report
to the entire Council regarding the cost of development in the
incorporated area versus the unincorporated area, which would
include a look at the cost of undeveloped land in both City and
County, all the fees and impacts and bonds and everything that
would cost a developer money to develop both developed and
undeveloped land.
Councilmember DeMond discussed weekend cruising up and
down Chester Avenue. She stated that the young people out there
have gotten together, with the help of some adult support, and
have started a "Cruise It, Don't Abuse It" campaign to show the
merchants on Chester Avenue that they can cruise in a comfortable
way, and then the next morning people are not going to have to
shovel out their front doorsteps. This Saturday, November 9th at
9 a.m., there is going to be a group of young people cleaning up
Chester Avenue, and they will continue to do so until the
polluting stops. Councilmember DeMond congratulated them for
their effort, and she gave "Cruise It, Don't Abuse It" fliers to
the City Clerk and requested they be passed around throughout the
City buildings for posting.
Councilmember Brunni thanked staff for its effort in
getting the State to cooperate regarding the Habitat Conservation
Plan.
Councilmember Brunni congratulated Councilmembers
DeMond, Peterson and McDermott on their re-election yesterday.
Upon a motion by Councilmember Brunni, a letter dated
October 25, 1991, from Governor Wilson regarding flexible fuel
vehicles was referred to the Budget and Finance Committee.
Councilmember Brunni stated she was disappointed that these
flexible fuel vehicles that are coming out are only flexible with
methanol and not with compressed natural gas.
Councilmember Brunni advised she received the
Automobile Club of Southern California's board minutes of
September, which referred to the Los Angeles County
Transportation Commission 30-Year Plan and identified $150
billion in available funding sources over the next 30 years.
asked if staff has a copy of that Plan, what are the those
sources, and how does the City of Bakersfield get in on them.
She
Councilmember Brunni invited all the Councilmembers to
attend a Neighborhood Watch meeting at her house on Wednesday,
November 13th, at 7:00 p.m.
Upon a motion by Councilmember McDermott, a letter
dated November 4, 1991, from Clinicians Laboratories, regarding
their purchasing the City Center Building, was referred to the
Budget and Finance Committee.
Councilmember McDermott requested that staff look at
whether or not there are some savings from other projects that
would allow the acceleration of putting a stop light at the
intersection of Old River Road and Ming Avenue as soon as
possible, because it is becoming a very dangerous intersection.
Councilmember McDermott stated that, in response to
Councilmember's earlier statement regarding funding sources,
those are the funds that we here in Kern County are paying in gas
tax that go up to Sacramento and only get returned to those
communities who have decided to pass a half-cent sales tax.
284
Bakersfield, California, November 6, 1991 - Page 20
Councilmember McDermott stated that there has been a
bit of a snag in the south beltway alignment due to some of the
federal highway bills not passing; therefore, there is a lack of
funding. However, the Urban Development Committee is looking
into the matter and is hopeful of meeting next Spring's time
schedule.
Councilmember McDermott stated he is proud to have the
Firemen's Olympics here in a couple years.
Councilmember Salvaggio congratulated Councilmembers
DeMond, Peterson and McDermott on their re-election.
Councilmember Salvaggio reminded Council that the Kern
Council of Governments' Awards Banquet will be held at 7:00 p.m.
on Thursday, November 14th, at Maitia's, and the deadline for
responding is November 11th. The banquet is for the purpose of
honoring individuals and organizations dedicated to improving
Kern County's quality of life through innovative, cooperative
regional planning efforts.
Councilmember Salvaggio requested the City Manager's
office immediately contact Ms. Georgia Berger, who is currently
renting to the mother and daughter who lived at 1920 Clark
Street. Mrs. Berger has indicated she will be happy to take care
of the parrots that were taken by the SPCA from the residence on
Clark Street.
Councilmember Edwards stated he read in the newspapers
that an organization known as Habitat for Humanity is developing
some property in the metro area, and he would like the City to be
very supportive. At the request of Councilmember Edwards,
Economic Development Director Wager was recognized and provided
some background regarding this development.
Councilmember Edwards asked if a date needed to be set
for Council committee appointments and was advised by
Councilmember Peterson that the Charter states the second Council
meeting following the election, which is November 20th, is when
the appointments will be made.
Councilmember Salvaggio stated he received a notice
from the IRS advising he had not reported $600 in interest income
in 1988, and that he owed around $200 in taxes. He advised that
he wrote the IRS a letter indicating there was $600 of interest
income from his campaign account.
ADJOURNHENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting was
adjourned at 9:45 p.m.
MAYOR of the City of Bakersfield, CA
ATTE ST:
CITY C/LE~~nan x~~f the
Council of the City of Bakersfield, CA
ndw