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HomeMy WebLinkAbout02/27/1991 MINUTES CCBakersfield, California, February 27, 1991 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, held at Rio Bravo at 8:35 a.m., February 27, 1991. The meeting was called to order by Vice Mayor Peterson. Present: Absent: Councilmembers Edwards, Smith, Brunni, Peterson, McDermott Councilmembers DeMond, Salvaggio Follow-up Council Planning Session with Ted Gabler. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 4:10 p.m. eld, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, February 27, 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., February 27, 1991. The meeting was called to order by Mayor Medders. Present: Absent: Councilmembers Edwards (seated at 5:35), DeMond, Brunni, Peterson, McDermott Councilmembers Smith, Salvaggio WORKSHOP BIA - Process for Commercial Development Follow-up. Planning Director Hardisty advised that this was a continuation of an earlier Workshop with the Building Industry Association regarding the process for commercial development. Mr. Patrick J. Collins, Chairperson of the Joint Commercial Industrial Council of the Building Industry Association reviewed the material presented in the earlier Workshop and introduced Ms. Cindy McCann who provided background on the marketing process for commercial development. Ms. Cheryl Miller, Stockdale Proper~y Management, made a brief presentation regarding the function of property management. Mr. Patrick Collins concluded the presentation by discussing the property valuation process. Mid-Year Financial Report. Finance Director Klimko reviewed the Mid-Year Financial Report. Council, ADJOURNMENT There being no further business to come before the the meeting was adjourned at 5:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw Bakersfield, California, February 27, 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., February 27, 1991. The meeting was called to order by Mayor Medders, followed by the Invocation by Charles Conner, Member of the Board of Deacons, First Assembly of God Church, and the Pledge of Allegiance. City Clerk Williams called the roll as follows: Present: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, 'eterson, McDermott, Salvaggio seated at 7:05) None City Clerk Williams read a letter addressed to the City of Bakersfield from an Army Soldier, as follows: Fellow Americans, Recently my unit, the 2nd Battalion, 60th Infantry Regiment, Ft. Lewis, Washington, journeyed through the city of Bakersfield, California, enroute from Ft. Irwin to Ft. Lewis after 5 weeks of training. Much to our surprise, we were greeted with an exquisite meal, a sack of goQdies and, most of all, the friendly, supporting people of your community. I personally would like to express my sincere gratitude to you all. I have been in the Army 3½ years and never in all that time have I been more proud to be serving you, the citizens of the United States of America. It is people like you that give us the courage, strength and pride that we need to carry with us wherever we may go. I only wish my fellow Service Members who are currently serving in the Persian Gulf could have experienced the occasion. It is they who are the current heroes of this great nation! Bakersfield is indeed an "All-America City", and I offer you my salute. Please continue the support as we serve to the utmost extent of our power. Thank you, Bakersfield, California! American Fighting Man, North Carolina. Calendar: CONSENT CALENDAR The following items were listed on the Consent Approval of Warrant Nos. 6453 to 6942, inclusive, in the amount of $2,173,631.57, and Self Insurance Warrant Nos. 1358 to 1453, inclusive, in the amount of $57,953.26. Bakersfield, California, February 27, 1991 - Page 2 Minutes of the Workshop, Closed Session and Regular Meeting of January 30, 1991, for approval. Communications: Communication from Dennis Fox, 918 Blossom, received February 13, 1991, regarding the Kern River Freeway. (RECEIVE AND REFER TO PLANNING DEPARTMENT) Communication from Brown, Waits & Armstrong, 4100 Truxtun Avenue, Suite 200, dated February 6, 1991, regarding proposed audit services for the ensuing year ending June 30, 1991. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from Brown, Waits & Armstrong, 4100 Truxtun Avenue, Suite 200, received February 21, 1991, regarding the audit of the financial statements of the City of Bakersfield for the year ended June 30, 1990. (RECEIVE AND REFER TO BUDGET AND FINANCE COMMITTEE) Communication from the Panama-Buena Vista Union School District, 4200 Ashe Road, dated February 4, 1991, requesting completion of sidewalk at east side of Akers Road, south of Loudon Street. (RECEIVE AND REFER TO PUBLIC WORKS) Communication from Cornerstone Engineering, Inc., 2505 "M" Street, dated February 18, 1991, requesting annexation of the property generally located north of Noriega Road, west of Jewetta Avenue, south of Reina Road, and west of Allen Road, and amendment to the Land Use Element. (RECEIVE AND REFER TO PLANNING COMMISSION) Communication from the County Administrative Office, 1415 Truxtun Avenue, Room 704, dated February 19, 1991, to the Board of Supervisors, regarding formation of an Advisory Committee. (RECEIVE AND REFER TO WATER RESOURCES COMMITTEE) Bakersfield, California, February 27, 1991 - Page 3 Petitions received from the Old Westchester Neighborhood for the formation of a Historic District. (RECEIVE AND VERIFY SIGNATURES) Dedication of Properties: Street Right-of-Way Deed No. 3305 from Catalina Barber Corporation for additional right-of-way along the east side of Coffee Road north of Brimhall Road. Corporation Grant Deed No. 3306 from Catalina-Barber Corp. for a retention basin located north of Brimhall Road and east of Coffee Road. Street Right-of-Way Deed No. 3307 from Riverlakes Ranch Limited Partnership for the Hageman Road right-of-way between Coffee Road and the Friant-Kern Canal. Grant Deed No. 3308 from Riverlakes Ranch Limited Partnership for a slope easement along the south side of Hageman Road, westerly of the Friant-Kern Canal. Grant Deed No. 3309 from Riverlakes Ranch Limited Partnership for a drainage retention basin located at the northeast corner of Hageman Road and the Friant-Kern Canal. Notices of Completion and acceptance of work for: Contract No. 88-280 with Oceanic California, Inc., for Stockdale Highway widening - Old River Road to Kern River, completed February 15, 1991. Contract No. 90-25 with Bel-Air Financial Corporation for Parcel Map No. 9105 located at the intersection of Stockdale Highway and Allen Road, completed February 15, 1991. Bakersfield, California, February 27, 1991 - Page 4 Upon c, d, e, f, g, adopted by the Ayes: Noes: Abstain: Absent: Request for Extension of Time from Oceanic Communities, Inc., to extend the completion date for Improvement Agreement Nos. 89-50 and 89-63 for Parcel Map No. 8925 to March 15, 1992. Resolution No. 24-91 authorizing filing a Supplemental Allocation with the California Department of Transportation for additional funding on the "H" Street Underpass Project. Agreement No. 91-35 with Pacific Gas and Electric Company consenting to an assignment by Southern California Gas Company of an easement to P.G.& E. and to redefine the alignment of the easement located along the bottom of the Kern Bluffs between Manor Street and Chester Avenue. Pipe Line License Agreement No. 91-36 with The Atchison, Topeka and Santa Fe Railway Company for Jewetta Trunk Sewer at Rosedale Highway (Assessment District No. 90-1). Appropriation of 1990-91 TDA Article 3 allocation in the amount of $39,388 to the Public Works Capital Improvement Budget and $2,400 to the Public Works Operating Budget within the TDA Funds. a motion by Councilmember DeMond, Items a, h, i, and j of the Consent Calendar were following roll call vote: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None PUBLIC STATEMENTS Mrs. Candace Grogan, 1700 Hughes Lane, spoke in opposition to the G.E.T. terminal going in on Hughes Lane, east of Valley Plaza, and submitted a petition with over 250 signatures opposing the transfer facility on Hughes Lane. Ms. Gay Gibson, 1808 Cromwell Court, spoke in opposition to the relocation of the G.E.T. terminal to Hughes Lane. Mr. Ted Olson, 2000 Benton Street, spoke in opposition to the relocation of the G.E.T. terminal to Hughes Lane, and suggested relocating the facility to the parking lot off of Wible Road near the entrance to Valley Plaza. ~r. Dale Baronian, 1207 Grace Street, appealed to the Council to take every consideration presented tonight in dealing with the Golden Empire Transit problem and their relocation of the bus transfer station at the Valley Plaza. Mr. Baronian advised he is physically handicapped and is very dependent on the bus service. Bakersfield, California, February 27, 1991 - Page 5 Mrs. Jeanne Reading, 2601 Edmonton Street, advised she is 80-years old, no longer drives and the Golden Empire Transit is the way she gets around Bakersfield. Mrs. Reading further advised that there needs to be some place easily accessible from the bus to Valley Plaza. She also requested that Council take into consideration everyone's problems in this, including the handicapped and the elderly, and to get a good stop there at the Plaza. Ms. Lora Ramey, 7705 Kimberly Avenue, advised she is a student who relies on the transit system approximately five to six times a day, and is concerned with the traffic problem if the plan for the proposed site of Hughes Lane is not approved and the Ming Avenue site is eliminated. Mr. Eric Foss, 4450 California Avenue, advised that the advantage of having the transfer facility at Hughes Lane is that there will be set bus stops where each bus will have its own bay, which will make it easier to find the appropriate bus for the location desired. Mr. Foss also pointed out that Valley Plaza has refused to allow the buses to have a terminal on their facility. Mr. Steve Ruggenberg, 2425 "C" Street, General Manager of the Golden Empire Transit District, advised of a series of meetings which will be conducted to bring the facts and issues to the forefront with both the Valley Plaza and the residents of Hughes Lane in the interests of the riders of the transit system. The first meeting is on March 7, 1991, at 6:00 p.m., at the G.E.T. office, 1830 Golden State Avenue. Mr. Ruggenberg advised G.E.T. has volunteered to provide transportation for those who have no way to get there. There will also be two public hearings on March 20, 1991, at 1:00 p.m. and 6:00 p.m., in Hodel's located at the Valley Plaza. Dennis Fox, 918 Blossom Street, referred to his letter on tonight's Agenda and encouraged Council, at this time, to get started on the grants for the Kern River Freeway. Mr. Jim Harrison, 7701 Peanut Avenue, representing Gilliam & Sons, a local general engineering contractor, spoke in opposition to the manner in which a bid opening was handled on February 15, 1991. He advised that he had been the low bidder on the Annual City Contract for earthmoving and hauling but was advised four days after the bid opening that a lost bid package, containing a lower bid, had been found. Mr. Harrison further advised he wished to protest the unorthodox practice of allowing the late bid to stand and, also, to bring the matter to the attention of the City Council. HEARINGS Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: Bakersfield, California, February 27, 1991 - Page 6 SEGMENT II: Martin-Mcintosh, agent for Oceanic Communities, Inc., has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from ER (Estate Residential- minimum one net acre per unit) to SR (Suburban Residential) on 140+/- acres located along the north side of Brimhall Road between Allen Road and Jewetta Avenue. 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. Roger Mcintosh, Martin-Mcintosh Engineering, representing the land developer, Castle and Cooke Development Corporation, identified himself and advised he was here tonight to answer any questions Council might have and to ask for approval on this matter. 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. Adoption of Resolution No. 25-91 making findings, approving Negative Declaration and approving Segment II of proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Amendment 4-90). Upon a motion by Councilmember Brunni, Resolution No. 25-91 making findings, adopting the Negative Declaration and approving General Plan Amendment, Segment II to the Land Use Element was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT III: Sequoia Engineering, agent for Calloway Associates, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from GC (General Commercial) to LR (Low Density Residential) on 8+/- acres generally located along the southeast corner of Jewetta Avenue and Reina Road (proposed); from LR to HMR (High Medium Density Residential on 10.4+/- acres and from LR to GC on 3.5+/- acres for that area generally located south of Olive Drive (proposed) between Calloway Drive and Verdugo Lane (proposed). Bakersfield, California, February 27, 1991 - Page 7 This hearing has been duly advertised, posted and property owners notified as required by law. An appeal was filed on the denied request to amend the zoning. Communication has been received from Sequoia Engineering, 1430 Truxtun Avenue, Suite 720, dated February 19, 1991, withdrawing their appeal. 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. 26-91 making findings, approving Negative Declaration and approving Segment III of proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Amendment 4-90). Upon a motion by Councilmember Brunni, Resolution No. 26-91 making findings, adopting the Negative Declaration and approving the changes from GC to LR and LR to GC but denying the LR to HMR was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None None None Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT IV: JTM Company has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from RIA (Resource Intensive Agriculture) to LR (Low Density Residential) on 57+/- acres and to LMR (Low Medium Residential) on 15+/- acres and to GC (General Commercial) on 12+/- acres located southwest of the intersection of Johnson Road and Renfro Road. 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. Dave Merritt, 340 Renfro Road, read a prepared statement in opposition to the proposed amendment. Mr. Dave Oreolt, 921 Moon Ranch Street, read a prepared statement in opposition to the proposed amendment. Bakersfield, California, February 27, 1991 - Page 8 Mr. John Sarad, with JTM Company, spoke in support of the amendment, stating JTM would like the City Council to approve the Planning Commission recommendations and adopt the project. He further stated JTM would like to offer buffering, larger setbacks and wider lots along the perimeter in order to provide more of a buffering and a phasing feeling so that the project would be a little more compatible with the other residences in the area. Mr. Mike Mason, with JTM Company, spoke in support of the amendment, stating JTM would be willing to eliminate the block wall, widen the lots on the perimeter of the property by making 12,000 square-foot minimum lot size, do an additional 5-foot setback to further open it up, add some additional landscaping, and have the balance of the property in 8500 square-foot lots. Mr. Paul Bailey, 601 Pinto Lane, spoke in rebuttal in opposition to the proposed amendment. Mr. Barry Goldner, Johnson Road, spoke in rebuttal in opposition to the proposed amendment and stated it should be noted for the record that the developers do not own this real property. Mr. Mike Mason, with JTM Company, spoke in rebuttal in support of the proposed amendment and advised that although JTM does not yet own the property, they will do so very shortly. Mr. John Sarad, with JTM Company, spoke in rebuttal in support of the proposed amendment and advised that JTM is willing to do everything it can to minimize the impacts of this development on the neighbors, short of making the lots so large that the project doesn't make sense any longer. Ms. Betty Jane Tornstrom, representing 22 landowners in the St. Claire Rancho Mutual Water District, spoke out of turn here, in opposition to the proposed amendment. No further protests 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. Adoption of Resolution No. 27-91 making findings, approving Negative Declaration and approving Segment IV of proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element 4-90). Principal Planner Gauthier responded to questions by Councilmember Brunni regarding the concerns mentioned by the opponents to the proposed amendment. Councilmember Brunni stated she spoke with the applicant and with the people who are opposing the staff recommendation regarding this project. At the request of Councilmember Brunni, Mr. Tom Carosella with JTM Company was recognized and advised that the developer would prefer to keep the 100-foot wide width but only go 120 feet deep. Mr. Carosella further advised that they could offer a 30-foot setback, which is a little deeper than the normal setback, and would be part of the front yard. Bakersfield, California, February 27, 1991 Page 9 At the request of Councilmember DeMond, Mr. John Sarad with JTM Company was recognized and advised that the 20 acres next to the developer's property is also within the City's sphere of influence, so what JTM Company does there will have an impact on that subdivision also. He further advised that it is the developer's intention to provide buffering. Councilmember DeMond stated for the record that met with representatives from both the developer and the opponents of the plan and wished to clarify that the 8500 square-foot lots would go all the way to the freeway. she Councilmember McDermott suggested that staff consider the possibility of having a park located out in this area. In response to a question by Councilmember Peterson, Mr. John $arad with JTM Company advised that the 10,000 square-foot average density would significantly drop the density and approximately 20 units would be lost. Councilmember Peterson stated for the record that he met with both groups and he really appreciated that opportunity because it greatly increased his understanding. After much discussion, upon a motion by Councilmember Brunni, Resolution No. 27-91 making findings, adopting the Negative Declaration and approving the General Plan Amendment, Segment IV to the Land Use Element, with the restrictions that: the row fronting Johnson Road will have a minimum lot size of 12,000 square feet and 100-foot width minimum of the lot; the row of lots directly south of that will have a minimum lot size of 10,000 square feet; the remainder of the property south of the proposed freeway alignment will have a minimum lot size of 8500 square feet; there would be a 30-foot minimum setback for any structures along Johnson Road; and paragraphs 9 and 10 of Exhibit "A", Conditions of Approval, which deal with the block wall, will be deleted, was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, Salvaggio Councilmember McDermott None None Noes: Abstain: Absent: Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT V: The City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 14,250+/- square feet and from HMR to LR on 30,000+/- square feet for that area generally located west of Oleander Avenue and south of Park Way. This hearing has been duly advertised, posted and property owners notified as required by law. Bakersfield, California, February 27, 1991 - Page 10 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. 28-91 making findings, approving Negative Declaration and approving Segment V of proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (Land Use Element 4-90). Upon a motion by Councilmember Edwards, Resolution No. 28-91 making findings, adopting the Negative Declaration and adopting General Plan Amendment, Segment V to the Land Use Element was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Abstain: None Absent: None Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio REPORTS Councilmember DeMond read Budget and Finance Committee Report No. 3-91 regarding S.P.C.A. Spay/Neuter Program, as follows: On January 30, 1991, the Council referred correspondence from the Society for the Prevention of Cruelty to Animals (SPCA) to the Budget and Finance Committee for review. To help address Bakersfield's pet overpopulation problem and help reduce the number of unwanted pets that must be put to sleep, the SPCA would like to offer a one-time spay/neuter program. The intent of the spay/neuter program is to increase public awareness of the benefits of spaying and neutering, reduce the number of unwanted pets, and to provide a financial incentive to the pet owner for spaying and neutering their pets. The financial incentive would be composed of a $5.00 discount from participating veterinarians and spay clinics and a $15.00 discount coupon, for a total possible savings of $20.00. Funding for the coupons would be equally shared by the SPCA, the Kern Humane Society, and the City of Bakersfield. The program would be offered for a limited two-month period, and coupons would be available through local newspapers, fliers, participating veterinarians and pet stores. Bakersfield, California, February 27, 1991 - Page 11 A one-time contribution of $5,000.00 from the City is being requested. This contribution would be combined with a $5,000.00 contribution from the SPCA and a $5,000.00 contribution from the Kern Humane Society. These funds, in addition to the discount offered by participating spay clinics and veterinarians, could provide for the spaying and neutering of up to 1,000 dogs and cats. The Committee recommends that the City Council support the pilot program and transfer $5,000.00 from Council Contingency to the City Manager's Operating Budget in the General Fund. Upon a motion by Councilmember DeMond, Finance Committee Report No. 3-91 was accepted. Upon a motion by Councilmember DeMond, was transferred from the Council Contingency to the City Manager's Department Operating Budget in the General Fund the following roll call vote: Ayes: Noes: Abstain: Absent: Budget and $5,000.00 by Councilmembers DeMond, Brunni, Smith, Peterson, McDermott, Salvaggio Councilmember Edwards None None ACTION ON BIDS Annual Contract for earthmoving and hauling. City Clerk Williams advised that a new Administrative Report had been submitted changing the staff recommendation. At the request of Councilmember DeMond, Attorney Lunardini addressed the issue as to the the change in recommendation. City reason for Councilmember Peterson made a motion to reject all bids. Councilmember Salvaggio read the revised Administrative Report submitted by the Finance Department, follows: as Three bids were received prior to the bid deadline of 2:00 p.m., February 15, 1991. One of the bids was misfiled in a pending file and was not opened at the scheduled public bid opening. I recommend, with the concurrence of the City Attorney, that all bids be rejected in order to maintain the integrity of our bid process. At the request of Councilmember Salvaggio, Mr. Paul Sturgeon, representing Sturgeon and Son, Inc., was recognized and advised he was the low bidder in this instance. He further advised that a similar incident occurred last year where his company lost the bid due to the necessity of having to rebid, and now he is concerned about the City's bid process. Bakersfield, California, February 27, 1991 - Page 12 In response to Councilmember Salvaggio's request, City Attorney Lunardini advised that staff is also concerned about the process, and that is why the recommendation was changed to reject all bids. Councilmember McDermott recommended that the motion be amended to include referring the bid process to the Budget and Finance Committee. Councilmember Peterson changed his motion to accept the low bid from Sturgeon and Son, Inc., reject the other bids and authorize the Mayor to execute the Contract, and to refer the bidding process to the Budget and Finance Committee. The motion failed by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Smith, Peterson Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio None None Upon a motion by Councilmember McDermott, all bids were rejected and the bid process issue was referred to the Budget and Finance Committee. Approval of Annual Contract No. 91-37 with Industrial Asphalt for Type "B" asphalt. Upon a motion by Councilmember Peterson, the low bid from Industrial Asphalt in the amount of $141,250.00 was accepted, the other bid rejected and the Mayor authorized to execute the Contract. Approval of Annual Contract No. 91-38 with Battery Center/Exide Corporation for automotive batteries. Upon a motion by Councilmember Peterson, the low bid from Battery Center/Exide Corporation in the amount of $15,458.30 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Approval of Contract No. 91-39 with Loop Electric for Traffic signal modification at the intersection of Wilson Road at Hughes Lane. Councilmember Salvaggio requested that staff take a close look at this project and make sure that all the paperwork is in line so there won't be any unnecessary delays, and to expedite this project as soon as possible. Upon a motion by Councilmember McDermott, the low bid from Loop Electric in the amount of $67,115.80 was accepted, all other bids rejected, and the Mayor authorized to execute the Contract. Bakersfield, California, February 27, 1991 Page 13 DEFERRED BUSINESS Adoption of Ordinance No. 3343 of the Council of the City of Bakersfield amending Subsection A of Section 5.32.020, Section 5.32.030, Section 5.32.040 and Subsection A of Section 5.32.060, and adding Subsection D to Section 5.32.020 of the Bakersfield Municipal Code relating to Massage Establishments. This Ordinance was given first reading at the meeting of February 13, 1991. Upon a motion by Councilmember Peterson, Ordinance No. 3343 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio None None Councilmember Smith Peterson, Underground Storage Tank Program Funding. Upon a motion by Councilmember McDermott, $64,000 was transferred from Council Contingency to the Fire Department Operating Budget in the General Fund by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio None None Councilmember Smith Peterson, NEW BUSINESS An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 101-34 by prezoning property located on the southwest corner of Renfro Road and Johnson Road known as the Renfro No. 2 Annexation (Ward 4). This Ordinance would prezone approximately 100+/- acres of the Renfro No. 2 Annexation as an R-1 (One Family Dwelling, 8,500 sq. ft.) Zone, R-1 CH (One Family Dwelling, Church 8,500 sq. ft.) Zone, R-2 (Limited Multiple Family Dwelling, Maximum 10 DU/net acre) Zone and C-1 (Limited Commercial) Zone. Planning Director Hardisty requested this Ordinance be removed from the Agenda so it can be redrafted to reflect the decision of the Council this evening on the General Plan Amendment, which this would implement. Upon a motion by Councilmember Brunni, this Ordinance was removed from the Agenda. Bakersfield, California, February 27, 1991 Page 14 First Reading of an Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-25 by changing the Land Use Zoning of properties located along the north side of Brimhall Road between Allen Road and Jewetta Avenue from an A-20A (Agriculture-20 Acre Minimum) to an R-1 (One Family Dwelling, 18,000 Square Feet Minimum Lot Size) Zone. The Planning Commission conducted a public hearing on December 20, 1990, and recommended approval of the Negative Declaration and zone change amendment request from A-20A to R-1 for a 140-acre site located along the north side of Brimhall between Allen Road and Jewetta Avenue. Upon a motion by Councilmember Brunni, the Negative Declaration was approved and the Ordinance given First Reading. First Reading of an Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-18 by changing the Land Use Zoning of property located at the southeast corner of Jewetta Avenue and Reina Road from C-1 (Limited Commercial) to R-1 (One Family Dwelling) on 8+/- acres; and from R-1 (One Family Dwelling) to C-1 (Limited Commercial) on 3+ acres located south of Olive Drive and west of Calloway Drive. The Planning Commission conducted a public hearing on December 20, 1990, and recommended approval of the Negative Declaration and zone change amendment request from C-1 to R-1 along the southeast corner of Jewetta Avenue and Reina Lane and from R-1 to C-1 for that area located south of Olive Avenue near Calloway Drive. The Commission also considered and denied a request to amend the zoning from R-1 to R-2 adjacent to the commercial zoning. An appeal was filed on the denial but it has been withdrawn. Upon a motion by Councilmember Brunni, the Negative Declaration was approved the the Ordinance given First Reading. First Reading of an Ordinance adding Chapter 15.38 to the Bakersfield Municipal Code relating to water meters. This Ordinance would require water meters to be installed on all newly constructed structures. It would not require that water service companies use such meters, as imposition of such a requirement would not be within the jurisdiction of the City. The meters, however, must be installed and available for use. Adoption of Resolution of Intention No. 1076 for Improvement Project, City of Bakersfield Assessment District No. 90-2 (Paladino Water Project). Bakersfield, California, February 27, 1991 Page 15 By this Resolution the City Council orders the required improvements for Assessment District No. 90-2. improvements consist of the design and construction of a 16-inch diameter water pipeline to Paladino Drive, and 12-inch diameter pipeline east in Paladino Drive, approximately 3/4 mile. This district also includes the construction of hydrants and water services. The Upon a motion by Councilmember of Intention No. 1076 was adopted by the vote: DeMond, Resolution following roll call Ayes: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Peterson, Adoption of Resolution No. 29-91 preliminarily approving Engineer's Report and appointing time and place of hearing protests, City of Bakersfield Assessment District No. 90-2 (Paladino Water Project). This Resolution sets the protest hearing for April 24, 1991. Upon a motion by Councilmember DeMond, Resolution No. 29-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio None None Councilmember Smith Peterson, Adoption of Resolution of Application No. 30-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 346, Wible No. 8 Annexation. (Ward 6) Upon a motion by Councilmember McDermott, Resolution of Application No. 30-91 was adopted by the following roll call vote: Ayes: Councilmembers Edwards, DeMond, Brunni, McDermott, Salvaggio Noes: None Abstain: None Absent: Councilmember Smith Peterson, Adoption of Resolution of Application No. 31-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 347, Buena Vista No. 4 Annexation. (Ward 4) Upon a motion by Councilmember Brunni, Resolution of Application No. 31-91 was adopted by the following roll call vote: Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Brunni, Peterson, McDermott, Salvaggio None None Councilmember Smith Bakersfield, California, February 27, 1991 Page 16 Adoption of Resolution of Application No. 32-91 proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 348, Mt. Vernon No. 5 Annexation located south of Belle Terrace and west of Mt. Vernon Avenue. (Ward 1) Due to a possible conflict of interest, Councilmember McDermott did not participate in the discussion and action on this item. Upon a motion by Councilmember Edwards, the Negative Declaration with mitigation was approved and Resolution of Application No. 32-91 was adopted by the lowing roll call vote: fol- Ayes: Noes: Abstain: Absent: Councilmembers Edwards, DeMond, Salvaggio None None Councilmembers Smith, McDermott Brunni, Peterson, Renewal Agreement with J. T. Decker Professional Group for Employee Assistance Program Services. Upon a motion by Councilmember Peterson, the Renewal Agreement with J. T. Decker Professional Group was referred to the Personnel Committee. Councilmember Brunni advised that she has given to the City Manager a list of other companies in our community that provide employee assistance program facilities and encouraged the Personnel Committee to check all of them before choosing one. She further advised that she felt employee assistance programs are important for the mental health of our employees. Creation of Benefits Technician job specification and reclassification of Personnel Analyst (Risk Management) to Benefits Technician. Upon a motion by Councilmember Edwards, this item was referred to the Personnel Committee. Revised job specifications for Personnel Manager, Convention Center Superintendent and Supervisor II (Wastewater). Upon a motion by Councilmember Edwards, this item was referred to the Personnel Committee. Creation of Hazardous Materials Specialist, "Underground Storage Tank Program" Position. Upon a motion by Councilmember McDermott, this item was referred to the Personnel Committee. Affirmative Action Plan. Upon a motion by Councilmember Edwards, this item was referred to the Personnel Committee. Bakersfield, California, February 27, 1991 Page 17 One (1) appointment to the Citizens' Parks and Recreation Committee due to the resignation of Barbara Lomas (Ward 7), term expiring November 1993. Councilmember Salvaggio advised he had no recommendation at this time and requested that this appointment be removed from the Agenda until further notice. Councilmember Salvaggio further advised that a news release was issued some time ago, so the public has been informed of the vacancy. COUNCIL STATEMENTS Senate Bill 124 - Air Quality Control. Councilmember Salvaggio stated that it looks like we're getting closer to realizing a valley-wide air pollution control district. He recommended that the Council look strongly at other alternatives, such as Senate Bill 124 (McCorquodale), in the event that the eight counties, at their meeting on March 20, 1991, reject the idea of city representation and a public hearing process over proposed regulations. Councilmember Salvaggio spoke regarding the Resolution that was sent back to Committee at the last Council meeting. He stated the Resolution basically said that the City believes it should have representation on whatever type of unified air pollution control district that comes into being. Councilmember $alvaggio advised he hopes that the Council could act on that Resolution prior to March 20, 1991. In response to a question by Councilmember Salvaggio, Public Works Director Schulz provided an update regarding Consent Calendar Item j. in relation to the construction of the bike path from Manor Street to Fairfax Road. Councilmember Salvaggio stated he was pleased to see Senior Engineer Art Moore in attendance at the recent Community Advisory Council meeting of the incentive area. advised one of the concerns of the CAC was with regard to improving Union Avenue. He Councilmember Salvaggio advised that he requested the KernCOG staff, on February 21, 1991, to prepare a letter to Cal Trans regarding Union Avenue. He stated he would like City staff, with Council's concurrence, to also prepare a letter to Cal Trans urging them to use some moneys to improve the street surface of Union Avenue. Councilmember Salvaggio referred to staff a letter he received from Mr. Ronald E. Brummett, Assistant Executive Director of KernCog regarding $1,500,000 that Cal Trans apparently has budgeted for the 1991-92 Fiscal Year to do an overlay recycle project on Union Avenue from Brundage Lane to 20th Street. He also requested that a copy of the letter be given to each Councilmember, in addition to the appropriate staff. Bakersfield, California, February 27, 1991 - Page 18 Councilmember Salvaggio requested that Council refer to the Water Resources Committee a letter from Mr. Michael Radon, President of Kern County Water Agency, regarding the Agency's plans to finance and construct a wholesale potable water distribution system for the 2010 General Plan area. The letter requested the Council refer this drinking water distribution plan to committee and staff so the City's domestic water planning efforts can be coordinated with the Kern County Water Agency's plan. Councilmember Peterson requested that Council reconsider the time set for the Kern River Freeway hearing from March 27th to April 10th. The Clerk advised that the Kern River Freeway Specific Plan hearing is currently scheduled for April 10, 1991, at 8:30 p.m. Councilmember Peterson requested that Council set date for a criteria meeting for the redistricting process and, after much discussion, Council agreed to schedule a Workshop for Wednesday, April 10, 1991, to set criteria for reapportionment of Council wards. Councilmember DeMond instructed staff provide to the Council, in writing prior to the April 10th Workshop, information regarding either legal or planning ramifications that have been verbalized with respect to the reapportionment issue. Upon a motion by Councilmember McDermott, the issue of setting up an employee recognition program was referred to the Personnel Committee for study. Councilmember McDermott referred to the Public Works Department a petition from some of the residents in his Ward regarding a traffic problem on Oro Vista Avenue. Councilmember Brunni referred to staff a letter from Ms. Josephine Long, Wasco, regarding the trapping of cats in the City and County areas. Councilmember Brunni asked staff to investigate and determine if the City can incorporate some of the constructive criticisms Ms. Long has raised in her letter. Upon a motion by Councilmember Brunni, the issue of either working with the local, commercial car washing facilities for washing City vehicles or the feasibility of installing a system of our own that collects, refilters and reuses the water was referred to the Budget and Finance Committee. Councilmember Brunni referred to staff a letter from Lee Bird, Chairperson of the Kern County Commission on Aging, regarding the placement of signs indicating where the Social Security Administration Office is located. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember DeCorid, the meeting was adjourned at 10:00 p.m. MAYOR of the City of Ba e~sfield, CA ATTEST: CITY CL 'ER~nd~Exa ffO i~cio Cler~ Council of the City of Bakersfield, CA ndw