HomeMy WebLinkAbout11/07/1990 MINUTES CCBakersfield, California, November 7, 1990
Minutes of the Closed Session of the Council of the
City of Bakersfield, California, held in the Council Chambers
of City Hall at 5:15 p.m., November 7, 1990.
The meeting was called to order by Mayor Medders.
Present: Councilmembers Edwards, DeMond, Smith, Brunni
(seated at 5:20), Peterson (seated
at 5:20), McDermott, Salvaggio
Absent: None
adjourned
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the case of City of
Bakersfield vs. Garriott.
Closed Session pursuant to Government Code
Section 54956.9(c) regarding potential
litigation.
Closed Session pursuant to Government Code
Section 54957 regarding personnel matters.
Upon a motion by Councilmember Salvaggio, Council
to Closed Session at 5:15 p.m.
ADJOURNMENT
Upon a motion by Councilmember Peterson, the
meeting for Closed Session was adjourned at 6:55 p.m.
MAYOR of the City of~a~kersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
ndw
235
Bakersfield, California, November 7, 1990
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 7, 1990.
The meeting was called to order by Mayor Medders,
followed by the Invocation by Charles Conner, Board of
Deacons, First Assembly of God Church, and the Pledge of
Allegiance.
City Clerk Williams called the roll as follows:
Present: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, $alvaggio
Absent: None
PRESENTATION
Judy Salamacha, Co-Chair of the All-America City
Committee, officially invited the Mayor and Councilmembers to
the Bakersfield All-America City Celebration, Saturday,
November 10, 1990, at Jastro Park.
CONSENT CALENDAR
City Clerk Williams advised that, under Item h. of
the Consent Calendar, additional correspondence from
Rev. Ralph Anthony dated October 30, 1990, and November 6,
1990, had been received today in the Clerk's Office and
distributed to the Council.
The following items were listed on the Consent
Calendar:
Approval of Warrant Nos. 2613 to
3336, inclusive, in the amount of
$3,746,326.41, and Self-Insurance
Warrant Nos. 473 to 720, inclusive,
in the amount of $178,008.83
b. Communications:
Communication from Martin-
Mcintosh, 4130 Ardmore
Avenue, Suite 101, dated
September 26, 1990,
requesting a General Plan
Amendment and zone change
for approximately 140
acres generally located
east of Allen Road, west
of Jewetta Avenue and
north of Brimhall Road.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Bakersfield, California, November 7, 1990 - Page 2
Communication from JTM
Company, 1801 Oak Street,
Suite 156, dated October 2,
1990, requesting a General
Plan Amendment, annexation
and zone change for the
property generally located
at the southwest quadrant
of the intersection of
Johnson and Renfro Roads.
(RECEIVE AND REFER TO
PLANNING COMMISSION)
Communication from
Rev. Fred L. Thomas, dated
September 24, 1990,
submitting his resignation
to the Bakersfield Airpark
Advisory Committee.
(RECEIVE AND PLACE ON FILE)
Communication from
Riverlakes Ranch, 8900
Rosedale Highway, dated
October 24, 1990,
requesting a change and
modification resolution
to reapread the existing
Assessment District No.
86-2 assessment on
Riverlakes Ranch/Unibell
Properties, and waiving
separate notice and
hearing on any increases
to existing parcel
assessment amounts.
(RECEIVE AND REFER TO
PUBLIC WORKS DEPARTMENT)
Communication from William
I. Latone, Kennedy/Jenks/
Chilton Consulting
Engineers, 200 New Stine
Road, Suite 115, dated
October 25, 1990,
regarding request for
proposal of engineering
services, Wastewater
Treatment Plant No. 2.
(RECEIVE AND REFER TO
PUBLIC WORKS DEPARTMENT)
Communication from Tony,
Frank, James and Eleanor
Delfino, dated August 20,
1990, providing Notice of
Nonrenewal of Williamson
Act Contract for Assessor's
Parcel Nos. 373-030-45,
373-030-46 and 373-040-12.
(RECEIVE AND REFER TO
PLANNING DEPARTMENT)
Bakersfield, California, November 7, 1990 - Page 3
Co
Communication from Monty H.
Hopper, Director, Department
of Weights and Measures/Fair
Housing, dated October 3,
1990, submitting the Final
Fair Housing Division's 1990
Audit. (RECEIVE AND PLACE
ON FILE)
Communication from Stephan
DeBranch, DeWalt Corporation,
2340 Niles Street, dated
October 26, 1990, requesting
vacation of a portion of the
public utility easements on
Final Tract 5033, Phase 2.
(RECEIVE AND REFER TO PUBLIC
WORKS DEPARTMENT)
Communication from Source
Living Centers, Inc., 43W741
Willow Creek Court, Elburn,
IL, dated October 29, 1990,
regarding the issuance of
tax exempt bonds for the
purchase of Hilltop and
Colonial Convalescent
Hospitals. (RECEIVE AND
REFER TO BUDGET AND FINANCE
COMMITTEE)
Dedication of Properties:
Director's Deeds No. 3261
and No. 3262 from the State
of California for storm
water drainfields located
along the south side of
Freeway 178 on the west
side of Mr. Vernon Avenue
and westerly of Oswell
Street.
Street Right-of-Way Deed
No. 3263 from Riverlakes
Ranch for additional
right-of-way along Coffee
Road from Rosedale
Highway to approximately
700 feet north of Hageman
Road.
o
Sewer and Storm Drain
Easement Deed No. 3264
from San Joaquin Community
Hospital for existing
sewer and storm drain
lines in the vacated
portion of Eye Street
between 27th and 28th
Streets.
Bakersfield, California, November 7, 1990 - Page 4
Street Right-of-Way Deed
No. 3265 from San Joaquin
Community Hospital for the
construction of a handicap
ramp located at the
southwest corner of the
intersection of the alley
between Chester Avenue and
Eye Street and 28th Street.
Street Right-of-Way Deed
No. 3266 from John M.
Antongiovanni, et al. for
a portion of Ashe Road
south of the Southern
Pacific Railroad Asphalto
Branch.
Street Right-of-Way Deed
No. 3267 from B & C
Associates, for right of
way for the west half of
Coffee Road on the south
side of Brimhall Road.
Grant Deed No. 3268 from Brimhall
Partner for a domestic water well
lot in Tentative Tract No. 5245
Notices of Completion and Acceptance
of Work for the following:
Coffee Road between
Rosedale Highway and
Hageman Road, Contract
No. 89-207 with
Riverlakes Ranch,
completed October 19,
1990.
Tract No. 5068, Unit A,
located on the west side
of Calloway Drive and
south of Hageman Road,
Contract No. 90-88 with
Renfrow, Inc., completed
October 18, 1990.
Installation of floor
hatch and ladders at
Wastewater Treatment
Plant No. 2, Contract
No. 90-167 with
Contronics, Inc. dba
Micon Construction,
completed October 10,
1990.
Requests for Extension of Time from
the following:
Dandy Homes to extend the
completion date for
Improvement Agreement No.
85-230 for Parcel Map
7622 to November 13, 1991.
Bakersfield, California, November 7, 1990 Page 5
Oceanic Communities, Inc.,
to extend the completion
date for Improvement
Agreement No. 89-252 for
Tract Map 5098 to
November 15, 1991.
g. REMOVED FOR SEPARATE CONSIDERATION.
h. REMOVED FOR SEPARATE CONSIDERATION.
Agreement No. 90-257 with Kern
Community College District for use
of police officers at school
functions/activities.
Novation Agreement No. 90-258 between
Homestead Land Development Corporation,
Mason, Carosella & Camp, and the City
of Bakersfield to substitute Mason,
Carosella & Camp for Homestead Land
Development Corporation under
Agreements No. 89-61 and No. 89-62.
Authorization for medical leave of
absence without pay beyond thirty
calendar days (M. Grady).
(30)
Upon a motion by Councilmember Brunni, Item f.2.,
Request for Extension of Time from Oceanic Communities, Inc.,
to extend the completion date.for Improvement Agreement
No. 89-252 for Tract Map 5098 to November 15, 1991, was
deferred to the Council Meeting of November 28, 1990.
Councilmember Peterson voted no.
Upon a motion by Councilmember Edwards, Item h.,
Amendment No. 1 to the Community Development Block Grant
(CDBG) Application for FY 1990-91, was removed to be acted
upon separately immediately following the Consent Calendar.
Upon a motion by Councilmember DeMond, Item g.,
Amendment No. 1 to Agreement No. 89-293 between the City of
Bakersfield, County of Kern and the Bakersfield Boys and
Girls Club (Corporation), for the appropriation of the
County's share ($100,000) of the total project cost, was
removed to be acted upon separately immediately following the
Consent Calendar.
Upon a motion by Councilmember Peterson, Items a,
b, c, d, e, f.l., i, j, and k of the Consent Calendar, with
the exception of Items f.2., g and h, 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 7, 1990 - Page 6
Due to a real or imaginary conflict of interest,
Councilmember Edwards stated he would not participate in the
discussion and action on Item h.
Amendment No. 1 to the Community
Development Block Grant (CDBG)
Application for FY 1990-91.
Councilmember DeMond made a motion to review and
approve Amendment No. 1 to the Community Development Block
Grant (CDBG) Application for FY 1990-91, and authorize staff
to submit to the Federal Housing Urban Development
Department. The motion was approved by the following roll
call vote:
Ayes: Councilmembers DeMond, Smith,
McDermott
Noes: Councilmember Salvaggio
Abstain: None
Absent: Councilmember Edwards
Brunni, Peterson,
Due to a real or imaginary conflict of interest,
Councilmember DeMond stated she would not participated in
discussion and action on Item g.
the
Agreement No. 90-259, Amendment
No. 1 to Agreement No. 89-293
between the City of Bakersfield,
County of Kern and the Bakersfield
Boys and Girls Club (Corporation),
for the appropriation of the
County's share ($100,000) of the
total project cost.
Upon a motion by Councilmember McDermott, Agreement
No. 90-259 with the County of Kern and the Bakersfield Boys
and Girls Club was approved by the following roll call vote:
Ayes: Councilmembers Edwards, Smith, Brunni, Peterson,
McDermott, Salvaggio
None
None
Councilmember DeMond
Noes:
Abstain:
Absent:
PUBLIC STATEMENTS
Mr. Bruce Keith, representing the Downtown Business
Association, 1401 19th Street, spoke regarding the upcoming
Street Faire on December 2, 1990, in commemoration of the
1930-1990 Fox Theatre Celebration. He presented, to each
Councilmember, a Fox Theatre coffee cup and, to the City of
Bakersfield, a print of a poster of the Fox Theatre signed by
the artist.
Rev. Ralph Anthony, 3201 Timothy Street, spoke
regarding Consent Calendar Item h., Amendment No. 1 to the
Community Development Block Grant (CDBG) Application for FY
1990-91. At the request of Rev. Anthony, his comments are
verbatim, as follows:
Bakersfield, California, November 7, 1990 Page 7
Honorable Mayor and Honorable City
Councilpersons, staff and All-America
City of Bakersfield, I stand before you
to get clarification on your vote on
Item h. Could you give me a clarification
on that vote? Who voted how? A
clarification on the vote on Item h.
Mayor Medders responded that Item h. passed with
one Councilmember voting against it and one Councilmember
absent.
Rev. Anthony's statement continued, as follows:
On October 30th, we had submitted a
letter to the Community Development
Coordinator relative to our concerns
on the reprogramming of the Community
Development Block Grants. We had
anticipated that the item would have
come up on the Agenda for next week, the
14th, at a regular scheduled Council
Meeting, and we found out just today, as
we received this last letter from the
Director of November the 7th, that it was
coming up on the Agenda for this evening.
We would have liked to have addressed
ourselves to this Item h. prior to your
vote because we felt that you made a
decision without all the information that
we wanted to bring to you through the
Coalition of Communities and people of
Ward One, and we respectfully request at
this point that, even though you have
made that vote on Item h., and as we had
asked on October the 17th that we would
pursue all administrative and legal means
on the reprogramming of those Community
Development Block Grant funds, that we
will pursue that and, unfortunately, it
will be after you've made this particular
vote.
If there is a way and a means for you to
reconsider that for at least next week,
I'd like for someone to take that lead to
ask that be delayed one week or more. So
my question is, when does the decision on
this Amendment 1 to the Community
Development Block Grant have to be made,
the final decision? Could you give me an
answer to that?
Economic Development Director Wager responded that
there really is no statutory requirement as far as submitting
the application. The amendments that were contemplated were
for projects that are pending, so there would be a delay in
implementing those projects if the decision was delayed any
further.
Rev. Anthony concluded his statement, as follows:
I would like for my comments to be entered
into the Minutes officially, and we will
respond further on your action within the
coming week.
Bakersfield, California, November 7, 1990 - Page 8
Mr. Marvin Dean, P.O. Box 2506, spoke regarding
Consent Calendar Item h, as follows:
I'd like to just say I, along with
Rev. Ralph Anthony, would just like to
for the Minutes have the record reflect
that I, along with the last speaker, is
in strong opposition to these funds
being reprogrammed. $o we want to just
make that part of the record.
The other thing I'd like to say is the
last time that I attended, I gave the
Council, each of you, a prepared statement,
and I also indicated at that time that I
was a personal victim of some of the
things that I explained in the letter and
that I was going to file a claim against
the City. That claim has been filed with
the City Clerk on the 30th of September,
sorry, the 30th of October, and I'd like
again, my letter asks that the Council
would instruct the City Attorney's office
to meet with myself and representative to
try to resolve this claim prior to
litigation. So, again, tonight, I'm
asking that the Council instruct the City
Attorney to sit down with myself and my
attorney to try to resolve potential
litigation against the City, and the
letter that I submitted last week at the
last City Council spells out my complaint.
The other thing is I'd like to say for the
record tonight that we, as a community
group, has requested the City staff,
Mr. Jake Wager, to put him on notice,
intend to prepare another application for
assistance of Community Development Block
Grant Funds, and what we're asking, and
basically, tonight I'm just making the
Council aware of it because the new
application deadline, I understand, is
November the 14th. At that time, we're
going to be asking to enter into
agreement with the City for City-owned
properties on Lakeview Avenue and enter
into an exclusive agreement to develop
those properties similar to what the
City has done with the Clarion Hotel, to
give a developer an exclusive agreement
to put together the financing.
The other thing that we're going to be
asking at that time for the record is
that the City make some Community
Development funds available to us to
develop that particular proposal, and I
just wanted to share that with the full
Council tonight and further bring our
concern that we're displeased with the
reprogramming, and that we intend to take
it to the next step. Thank you for your
consideration.
Bakersfield, California, November 7, 1990 Page 9
Ms. Mary Helen Barro, 14500 Los Palmos Drive, spoke
regarding trees in Bakersfield. She made a formal request
that the City investigate the possibility of establishing a
Bakersfield Tree Foundation to protect the existing trees and
promote the planting of additional trees. She requested that
the City fully explore the possibility of having the trees
along Truxtun Avenue relocated, rather than removed, and that
the City formally establish some kind of a policy or
ordinance to provide that, before any tree is removed, it be
investigated as to relocating the tree, if possible.
Ms. Barro further requested that the City set certain minimum
criteria when doing business with tree companies, and to
check the training and criteria for people who work on our
trees and shrubs because some look like they have been
butchered rather than pruned or trimmed.
Ms. Mary L. Hoggatt, representing the Bakersfield
Board of Realtors, 331-18th Street, spoke regarding the Park
Fee Ordinance and reviewed the Bakersfield Board of Realtors'
position concerning this ordinance which is to consider,
instead of an impact fee or further fees that would go on
housing, a community-wide and involvement of citizens in a
parks specific and comprehensive plan that would include
recreation.
Ms. Barbara Don Carlos, representing the Building
Industry Association of Kern County, 2114 "F" Street, spoke
regarding the Park Development Fee Ordinance and requested
that action not be taken to adopt the Ordinance this evening.
She also stated that the Building Industry Association
supports a coordinated, comprehensive park plan.
Mr. Bill Cooper, 7901 Debbs Avenue, representing
the Kern River Parkway Committee, spoke regarding the Kern
River Parkway and asked the Council to begin looking into
acquiring a lot of the secondary flood plain land in the
southwest along the Kern River, looking towards open space
for large community parks.
Mr. Gary W. Green, representing Pacific, Gas and
Electric Company, spoke regarding the New Business Items
relating to adopting Resolution Nos. 150-90 and 151-90 for
the purchase of street lights.
HEARINGS
This is the time set for public hearing
before the Council of the City of
Bakersfield on an appeal of the decision
of the Board of Zoning Adjustment
denying the request by L. Bruce Nybo for
the reduction of the street side yard
setback from 10 feet to 4 feet, 8 inches,
and the reduction of the distance
between an accessory structure and a
residence from 10 feet to 3 feet in an
R-1 (One Family Dwelling) Zone.
This hearing has been duly advertised, posted and
property owners notified as required by law.
Mayor Medders declared the hearing open for public
participation.
Bakersfield, California, November 7, 1990 - Page 10
Mr. L. Bruce Nybo, 7501 Shetland Drive, spoke in
support of his appeal, and requested that his modification be
approved as submitted with the conditions that the face of
the shade roof be a minimum of two feet from the concrete
block wall and the greenhouse be removed.
No protests
else wishing to speak
public portion of the
action.
or objections being received and no one
in favor, Mayor Medders closed the
hearing for Council deliberation and
Upon a motion by Councilmember Brunni, the appeal
by L. Bruce Nybo was granted with the conditions that the
shade roof be a minimum of two feet from the brick wall and
the greenhouse be removed, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
Peterson, Salvaggio
Noes: None
Abstain: None
Absent: Councilmember McDermott
Brunni,
This is the time set for public hearing
of an appeal by Mr. Ruben Bartell of a
restriction to allow medical related uses
of a C-2 (Commercial) Zone approved by
the Planning Commission on those certain
properties in the City of Bakersfield
consisting of 39 +/- acres located in
Section 32, Township 29 South, Range 27
East, M.D.B.&M., and generally located
south of Brimhall Road, approximately
700 feet west of Coffee 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. Roger Mcintosh with Martin and Mcintosh
Engineering and Land Surveying, 4130 Ardmore Avenue,
representing the appellant, Mr. Ruben Bartell, spoke in
support of the appeal, and presented information to the
Council.
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.
After a lengthy discussion, Councimember Brunni
made a motion to continue the hearing to the December 19,
1990 Council Meeting, with staff to work with the applicant,
Mr. Rubin Bartell, to resolve the remaining issues.
In response to a question by Councilmember
Salvaggio, City Manager Hawley stated that staff would try to
work out something with a recommendation to come back to the
Council.
Bakersfield, California, November 7, 1990 - Page 11
Upon a motion by Councilmember Brunni, this hearing
was continued to the Council Meeting of December 19, 1990,
with staff to work with the applicant to try to work out
something with a recommendation to come back to the Council,
by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
This the time set for public hearing
before the Council of the City of
Bakersfield regarding amendment to the
Land Use Element of the Bakersfield
Metropolitan Area General Plan and
proposed environmental documents
concerning the following:
SEGMENT I:
The City of Bakersfield has applied to
amend the Land Use Element of the
Metropolitan Bakersfield 2010 General
Plan by changing the land use designations
from GC (General Commercial) to LR (Low
Residential) for that site located along
the south side of Harris Road
approximately 1,600 feet east of Ashe
Road and approximately 3,000 feet west of
Stine 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. 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. 146-90 of the
Council of the City of Bakersfield making
findings, approving Negative Declaration
and approving Segment I of proposed
Amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General
Plan (Land Use Amendment 3-90).
Upon a motion by Councilmember McDermott,
Resolution No. 146-90 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, $alvaggio
None
None
None
Bakersfield, California, November 7, 1990 Page 12
This is the time set for hearing on a
Resolution and Certificate of Findings of
Fact on an application amending the
boundaries of Agricultural Preserve #14
(Kern County) by exclusion of 108 acres.
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. 147-90 of the
Council of the City of Bakersfield and
certificate of findings of fact in
regard to an application amending the
boundaries of Agricultural Preserve #14
(Kern County) by exclusion of 108 acres.
Upon a motion by Councilmember Smith, Resolution
No. 147-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
This is the time set for public hearing
of an appeal by Carriage Homes of
Conditions 2, 3, and 9, approved by the
City Engineer, for Parcel Map Waiver
30-90, located on the west side of Union
Avenue, approximately 1,000 feet north
of Panama Lane.
Property owners and affected interested persons
have been notifed of the hearing.
Mayor Medders declared the hearing open for public
participation.
Mr. Richard Monje, representing the applicant,
Carriage Homes, spoke in support of the appeal, and requested
that the applicant not be required to make the improvements
along South Union Avenue.
No protest or objections being received and no one
else wishing to speak in favor, Mayor Medders closed the pub-
lic portion of the hearing for Council deliberation and
action.
After a lengthy discussion, Councilmember Salvaggio
made a motion to uphold the City Engineer's decision.
Upon a motion by Councilmember Salvaggio the deci-
sion of the City Engineer was upheld and the appeal by
Carriage Homes was denied, by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Noes: None
Abstain: Councilmember Brunni
Absent: None
Peterson,
Bakersfield, California, November 7, 1990 - Page 13
REPORTS
Councilmember Peterson, Chairperson of the Urban
Development Committee, read Report No. 11-90 regarding
Formation of the Housing Element Advisory Committee, as
follows:
A citizens advisory committee has been
proposed by staff to participate in the
preparation of the City's Housing
Element. The committee as proposed
would be comprised of seventeen members
who would provide a link between City
staff and the community during the
preparation of the Housing Element of the
General Plan.
At the Council meeting held on October 3,
1990, the matter was referred to this
Committee to give consideration to
expanding the list to include additional
organizations. During review of the list,
it was determined that some organizations
could be replaced by others to eliminate
redundancy and broaden the committee's
perspective.
The purpose of the committee is to
provide an opportunity for citizen
participation. With this in mind, we
felt it unnecessary for other City
departments or the Planning Commission
to be represented on the committee. City
staff from other departments will be
resources to the Planning Department, and
the Planning Commission will conduct
public hearings of the Housing Element
and make a recommendation to the Council.
We recommend replacement of these two
positions with a representative from the
contractors association and builders
exchange.
The proposed committee structure
contained two at-large positions; a
senior representative and a housing
assistance recipient. Special housing
needs for these groups will be represented
on the committee by the Housing Authority
of Kern County and Kern County Human
Services Department. We recommend that
the Society of Real Estate Appraisers and
a representative from surveyors/engineers
replace these two positions.
Kern County Council of Governments (KCOG)
prepares the Regional Housing Allocation
Plan for Kern County. This plan
identifies the City's share of regional
housing need. These needs must be
included in the Housing Element. Through
this document, the COG has already
contributed to the preparation of the
Housing Element. Their input can still
be solicited without direct participation
on the committee. We recommend that they
be replaced by a representative from
local architects.
Bakersfield, California, November 7, 1990 - Page 14
In summary, we recommend that the groups
identified in Exhibit "A", which reflect
the changes contained in this report, be
approved as members of the Housing
Element Advisory Committee and authorize
the Mayor to solicit their participation.
Upon a motion by Councilmember Peterson, Urban
Development Committee Report No. 11-90 was accepted.
Councilmember Peterson made a motion to implement
the recommendations of Urban Development Committee Report No.
11-90.
After some discussion, Councilmember Edwards
requested that the Urban Development Committee look at the
recommendations again and do whatever they have to do, sit
down with staff or whatever, and actually have the people who
are going to benefit from the housing, the senior representa-
tive and the housing recipient, actually sitting and helping
make some decisions.
Councilmember McDermott made a substitute motion to
ask Planning Director Hardisty make a recommendation for
committee membership.
Councilmember McDermott clarified his substitute
motion which was to have Planning Director Hardisty choose
one homeless representative, instead of two, and to add some
type of senior representative back on the committee.
Councilmember Brunni made a motion to call for the
question.
Councilmember McDermott made a substitute motion
that the Council not appoint an advisory committee and to
turn it over to Planning Director Hardisty to appoint whoever
he wants on the committee.
Due to the temporary absence of Mayor Medders, Vice
Mayor Peterson chaired the meeting at this time.
City Clerk Williams advised the Council that the
motion on the floor, which was made by Councilmember
McDermott, is to turn over the selection of the advisory
committee membership to Planning Director Hardisty.
Councilmember McDermott's motion, to turn over to
Planning Director Hardisty the selection of the Housing
Element Advisory Committee membership, was approved by the
following roll call vote:
Ayes:
Councilmembers
Noes: Councilmembers
Abstain: None
Absent: None
Edwards, DeMond, Smith, Peterson,
McDermott
Brunni, Salvaggio
Mayor Medders returned to the meeting at 9:35 p.m.
2. 9
Bakersfield, California, November 7, 1990 Page 15
ACTION ON BIDS
Approval of Contract No. 90-260 with
Halopoff & Sons, Inc., for Construction
of Kern River Parkway Parking Lot.
Upon a motion by Councilmember Brunni, the low bid
from Halopoff & Sons, Inc., in the amount of $68,951.84, was
accepted, all other bids rejected, and the Mayor authorized
to execute the Contract.
Wood Waste Grinder for Recycling Program.
Upon a motion by Councilmember DeMond, the low bid
from Fuel Harvesters Equipment in the amount of $161,978.13
was accepted. Councilmember Brunni was absent.
Approval of Contract No. 90-261 with
Cardoza & Lauziere, Inc., for Construction
of an 18-inch Diameter Sewer Main from
16th and Oak Streets to Beech Street and
Bank Street.
Upon a motion by Councilmember Peterson, the low
bid from Cardoza & Lauziere, Inc., in the amount of
$426,008.00, was accepted, all other bids rejected, and the
Mayor authorized to execute the Contract.
Approval of Annual Contract No. 90-262
with A-C Electric Company for Installation
of Vehicle Detectors at Traffic Signals.
Upon a motion by Councilmember McDermott, the low
bid from A-C Electric Company in the amount of $99,095.00 was
accepted, the other bids rejected, and the Mayor authorized
to execute the Contract.
Approval of Annual Contract No. 90-263
with Valley Tree & Construction for
Building Demolition.
Upon a motion by Councilmember Peterson, the low
bid from Valley Tree & Construction in the amount of
$119,100.00 was accepted, all other bids rejected, and the
Mayor authorized to execute the Contract.
DEFERRED BUSINESS
Adoption of Ordinance No. 3326 of the
Council of the City of Bakersfield
amending Chapter 1.16 of the Bakersfield
Municipal Code relating to Elections.
This Ordinance was given first reading at the meet-
ing of October 17, 1990.
Upon a motion by Councilmember DeMond, Ordinance
No. 3326 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Peterson,
McDermott, Salvaggio
None
None
Councilmember Brunni
Bakersfield, California, November 7, 1990 - Page 16
Adoption of Ordinance No. 3327 of the
Council of the City of Bakersfield
adding Chapter 15.82 to Title 15 of the
Bakersfield Municipal Code relating to a
Fee for Park Development and Improvement.
This Ordinance was given first reading at the
meeting of October 17, 1990. On October 17, 1990, the City
Council requested staff revise Section 15.82.060 to allow for
an annual review of the fee.
Upon a motion by Councilmember McDermott, Ordinance
No. 3327 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith,
McDermott, Salvaggio
Councilmember Peterson
None
None
Brunni,
Adoption of Zoning Resolution No. 388 of
the Council of the City of Bakersfield
granting the appeal by Art Dansby from
the decision of the Board of Zoning
Adjustment requiring a side yard fence be
removed from the street right-of-way as a
condition of approval for a request for a
zoning modification on that certain
property commonly known as 2701 Pine
Street.
This Resolution sets forth the decision of the
Council following the public hearing on the matter held
October 3, 1990.
Upon a motion by Councilmember DeMond,
Resolution No. 388 of the Council of the City of
was adopted by the following roll call vote:
Zoning
Bakersfield
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Noes: None
Abstain: None
Absent: None
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Title 17 of the Bakersfield
Municipal Code and City Zoning Map 103-25
by changing the Land Use Zoning of that
certain property in the City of
Bakersfield located on the south side of
College Avenue between Morning Drive and
Sherrell Way from an R-3 and a C-2-D
Zone to a C-2 (Commercial) Zone, from an
R-1 and R-2-D Zone to an R-2 (Limited
Multiple Family Dwelling) Zone and from
an R-2-D Zone to an R-1 (One Family
Dwelling) Zone.
25!
Bakersfield, California, November 7, 1990 - Page 17
The purpose of this zone change is to match the
zoning district boundary lines with the corresponding
property lines. Subject property was originally zoned as it
existed in 1978. In 1985, a tract map was recorded over the
area. The property lines on the tract map did not correspond
exactly with the zoning district boundary lines adopted in
1987. Approval of this zone change will realign the zoning
district boundary lines to correspond with the property lines
established with the recording of the tract map.
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Map No. 123-22 of Title 17 of
the Bakersfield Municipal Code by
changing the Land Use Zoning of that
certain property in the City of
Bakersfield located along the south side
of Harris Road approximately 1,600 feet
east of Ashe Road and approximately
3,000 feet west of Stine Road from a C-1
(Limited Commercial) Zone to an R-1 (One
Family Dwelling) Zone.
This Ordinance rezones 5+/- acres from C-1 to R-1.
This zone change was initiated by the Planning Commission and
implements General Plan Amendment Segment I.
Upon a motion by Councilmember DeMond, the Negative
Declaration was approved by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Brunni, McDermott,
Salvaggio
None
None
Councilmembers Peterson, Smith
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.06.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding
prezoning of property known as the
Hosking No. 1 Annexation (Ward 7).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 149.95 +/- acres of
Hosking No. 1 Annexation as an R-1 (One Family Dwelling)
Zone.
Councilmember Salvaggio voiced his concern
regarding this annexation with the deletion of the Kern Delta
Park and requested staff provide further clarification on the
issue of the Park being annexed.
Councilmember McDermott requested staff provide him
information regarding the fact that the freeway alignment
goes through there and to make sure the City is comfortable
with what's happening before the second reading of the
Ordinance.
252
Bakersfield, California, November 7, 1990 Page 18
First Reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 17.060.020 of Chapter
17.06 (Zoning Map) of the Municipal Code
of the City of Bakersfield regarding
prezoning of property known as the Wible
No. 7 Annexation (Ward 6).
This Ordinance amends Title 17 of the Bakersfield
Municipal Code and prezones approximately 9.80 +/- acres of
Wible No. 7 Annexation as an R-2 (Limited Multiple-Family
Dwelling) Zone and 7.46 +/- acres as a C-1 (Limited
Commercial) Zone.
Adoption of Resolution No. 148-90 of the
Council of the City of Bakersfield
certifying the amount of the Williamson
Act cancellation fee to be paid to the
Kern County Treasurer for cancellation of
the Williamson Act Contract on a portion
of the Polo Grounds.
Upon a motion by Councilmember Brunni, Resolution
No. 148-90 of the Council of the City of Bakersfield was
adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 149-90 of the
Council of the City of Bakersfield
ordering the summary vacation of a
15-foot wide sewer line easement in Tract
No. 4673 and Tract No. 4242-1 in the City
of Bakersfield (north of Santiago Court
easterly from Claire Street).
Upon a motion by Councilmember Salvaggio,
Resolution No. 149-90 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Councilmembers
Noes: None
Abstain: None
Absent: None
Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
Adoption of Resolution No. 150-90 of the
Council of the City of Bakersfield
establishing just compensation of
$627,670 for street lighting facilities
to be acquired from the Pacific Gas and
Electric Company.
Councilmember McDermott made a motion to adopt
Resolution No. 150-90 of the Council of the City of
Bakersfield.
Bakersfield, California, November 7, 1990 - Page 19
Mr. Gary W. Green, representing Pacific Gas and
Electric Company, spoke regarding the need to proceed with
Eminent Domain at this time and opposed Council's pursuing
this because of the cost and questioned if it was prudent to
proceed at this time. He further stated he would like to
say, from both himself and other people from Pacific Gas and
Electric Company's corporate offices, he would like to work
with the Council on a cooperative basis. He said that
litigation sometimes brings bad connotations, and it doesn't
need to in this case.
Upon a motion by Councilmember McDermott,
Resolution No. 150-90 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Adoption of Resolution No. 151-90 of the
Council of the City of Bakersfield
setting and authorizing notice of a
hearing to consider and act upon the
adoption of a Resolution of Necessity to
acquire certain property by eminent
domain for public utility (street
lighting) purposes.
This Resolution sets the public hearing for the
Council meeting of November 28, 1990, for the Resolution of
Necessity to acquire P.G.&E. street lights by eminent domain.
This step is necessary before proceeding with any eminent
domain action.
Upon a motion by Councilmember McDermott,
Resolution No. 151-90 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, McDermott, Salvaggio
None
None
None
Due to a family emergency, Councilmember McDermott
left the meeting at 9:20 p.m.
Adoption of Resolution No. 152-90 of the
Council of the City of Bakersfield
rescinding Resolution No. 134-88
declaring the public interest and
necessity for the taking of certain
property located between Hosking Road and
Astor Avenue, north of Shannon Drive in
the Greenfield area, outside the City
limits, for the purpose of acquiring
easement for water line purposes to a
subdivision in the City (Code of Civil
Procedures Section 1245.230).
Bakersfield, California, November 7, 1990 - Page 20
Upon a motion by Councilmember Salvaggio,
Resolution No. 152-90 of the Council of the City of
Bakersfield was adopted by the following roll call vote:
Ayes: Councilmembers Edwards, DeMond, Smith, Brunni,
Peterson, Salvaggio
None
None
Councilmember McDermott
Noes:
Abstain:
Absent:
Approval of Agreement No. 90-264 with
Plant Parenthood for the lease and
maintenance of decorative plants at the
Bakersfield Convention Center.
Upon a motion by Councilmember DeMond, Agreement
No. 90-264 with Plant Parenthood was approved and the Mayor
authorized to execute the Agreement.
Approval of Agreement NO. 90-265 and Deed
of Trust No. 3269 with the Greater
Bakersfield Separation of Grade District
for transferring "H" Street Separation of
Grade Project.
Upon a motion by Councilmember DeMond, Agreement
No. 90-265 and Quitclaim Deed No. 3269 with tile Greater
Bakersfield Separation of Grade District were approved and
the Maydr authorized to execute the Agreement.
COUNCIL STATEMENTS
Councilmember Edwards requested staff come back to
Council with an interim report regarding the status of the
metro plan for parks and recreation.
regarding
scheduled
City Manager Hawley responded that a Workshop
the proposed Metropolitan Park District Plan is
for November 28, 1990.
Councilmember Brunni requested staff provide her
with whatever documents are available regarding the creation
of the Board of Zoning Adjustment.
Councilmember Brunni spoke regarding the park issue
and challenged Council to help staff perceive that there is an
urgency to continue with the Comprehensive Parks and
Recreation Plan in getting it completed in a timely manner.
Councilmember Salvaggio spoke regarding the Joint
Powers Agreement with KernCOG and advised that the cities
have put forth a proposal to the Joint Powers Revision
Agreement Committee regarding the voting percentages, as
follows: Kern County would have 11 votes, Bakersfield 7,
Ridgecrest 2, all other cities would have 1 vote, and G.E.T.,
as an Ex Officio member, would have no votes. This proposal
is based on one vote for every 25,000 people. As the cities
grow, they would have an opportunity to increase their number
of votes. Councilmember Salvaggio stated this proposal isn't
ideal but it is much better than what has been presented in
the past.
255
Bakersfield, California, November 7, 1990 - Page 21
ADJOURNMENT
There being no further business to come before the
Council, upon a motion by Councilmember Peterson, the meeting
was adjourned at 10:05 p.m.
ATTEST:
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield,
the
CA
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