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HomeMy WebLinkAbout02/24/1988 MINUTES CCBakersfield, California, February 24, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Closed Session held in the Council Chambers of City Hall at 5:15 p.m., February 24, 1988. The meeting was called to order by Mayor Payne. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers DeMond, Peterson, McDermott, $alvaggio Absent: Councilmembers Childs, Smith, Ratty CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding Bruce Cravins vs. City of Bakersfield. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Demond the meeting adjourned at 6:00 p.m. ATTEST: MAYOR o~ the City of Bakesfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California jlm Bakersfield, California, February 24, 1988 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., February 24, 1988. The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation. City Clerk Williams called the roll as follows: Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio COMMENTS FROM RETIRING POLICE CHIEF PRICE Police Chief Price spoke reflecting on his 31 years of service with the Bakersfield Police Department. Mayor Payne spoke in honor of Police Chief Price for his many distinguished years of service to the City and presented him with a key to the City. Interim City Manager Hawley presented Police Chief Price with an Eagle Statue. Vice-Mayor Smith presented Police Chief Price with a clock plaque. Councilmember Childs thanked Police Chief Price for his efforts to clean up the Lakeview Area. Councilmember Smith thanked Police Chief Price for his service as Police Chief. Councilmember McDermott thanked Police Chief Price for his service as Police Chief and for making Bakersfield a safe city. Councilmember Peterson thanked Police Chief Price for his service as Police Chief. Mayor Payne stated that although Councilmember Ratty was not able to speak aloud, he would like to reiterate the comments made by the other Councilmembers. Councilmember Salvaggio also thanked Police Chief Price for his dedicated service to the community. PUBLIC STATEMENTS Robert Williams, Member of the Bethany Service Board, 3305 Baylor, spoke in support of the proposed Homeless Shelter in Bakersfield. Carole Dykes, 2222 South "O" Street, spoke in opposition to the request for closure of 9th Street. Naomi Allen, 101 Garnsey Avenue, spoke in support of the proposed Homeless Shelter in Bakersfield. Jean Ferrell, Community Services Seventh Day Adventist Church, 6613 Wilson dence from Nancy Baker, formerly homeless. Director, Central Road, read correspon- Bakersfield, California, February 24, 1988 Page 2 Donald Caylor, P. O. Box 3347, Member of the Homeless Coalition Task Force, spoke in support of the proposed Homeless Shelter. HEARINGS This is the time set for a continued public hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and pro- posed environmental documents concerning the following area: SEGMENT II: OSWELL PARK INVESTORS, LTD/CORNERSTONE ENGINEERING requests to amend the Bakersfield Metropolitan Area General Plan on a portion of the project area from Low Density Residential Designation on 10 +/-acres to Medium Density Residential. (Oswell No. 7 Annexation) Fifty-two (52) letters of protest have been received regarding the Oswell No. 7 Annexation and Zone Change. The Clerk's Office has received fourteen (14) additional letters of protest against the annexation and zone change. Correspondence has been received from Doris M. Brunk, 508 Oswell Street, Charlene Lampkin, 320 Rush Street, and Mrs. Larry Turner, 5900 "E" Street, in opposition to the proposed zone change. Planning Director Hardisty clarified that the property involved was approximately 65 acres located on the east side of Oswell Street and the south side of Virginia Avenue. Mayor Payne declared the hearing open for public partic- ipation in support of Segment II. Michael J. Callegy, Cornerstone Engineering, Representative of Oswell Park Investors, spoke in support, requested that the condition of an eleven dwelling unit per-acre cap be removed. He gave a brief history of the original proposal which was in the County. The following people spoke in opposition to the Oswell No. 7 Annexation and Zone Change on Segment II: Scott Shaw, Representative, Good Neighbor Committee of the Country Road Estates, 217 Leeta Street, submitted petitions in opposition to the Annexation and Zone Change. Bill Gibson, Superintendent, Fairfax School District, spoke and submitted a letter. Reverend Clifton Gordon, Unitarian Universalist Church, 98 Sterling Road, read a petition stating the Church's opposition to the proposed zone change; Wayne Culver, Member of Good Neighbor Committee, and Member of Kern County Crime Task Force, 5405 Royann Avenue; Bakersfield, California, February 24, 1988 - Page 3 Donald O. Mettler, Sr., 5941 East Texas Street; John Trice, 5600 Helvey; and Opal Hance, 5405 Weaver Avenue.. No one else wishing to speak in opposition, Mayor Payne returned the floor to the proponents for a maximum 10 minute rebuttal. Michael Callegy, Cornerstone Engineering, spoke in rebuttal, his support of the proposed annexation and zone change. The following spoke in rebuttal, their opposition to the proposed annexation and zone change: Scott Shaw, 217 Leeta Street; Bill Gibson, Superintendent of Fairfax School District; Butch Brown, 301 Helvey Street; Virginia Vasquez, 710 McCleen; Wayne Culver, 5405 Royanne Avenue; and Opal Hance, 5405 Weaver Avenue. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Childs made a motion to adopt Resolution No. 22-88 making findings, adopting the Negative Declaration and Segment II to the Land Use Element and to include the words "PUD Zoning with", on page 3, subsection (a) of the Resolution, to read as follows: ae That portion of the project designated Medium Density Residential shall be restricted to a PUD Zoning with maximum of eleven dwelling units per acre. Upon a motion by Councilmember Childs, the call for the question was approved. Upon a substitute motion by Councilmember Peterson, Resolution No. 22-88 making findings, adopting Negative Declaration and Segment II of the Land Use Element with the change to designate the northwest 10 acres as medium density residential (5.5 to 16.99 dwelling units per acre), was adopted by the following vote: Ayes: Councilmembers Smith, Peterson, McDermott, Noes: Councilmembers Childs, DeMond, Ratty Absent: None Salvaggio Councilmember McDermott clarified his vote stating he feels that there have been many concessions made by the developer to some of the interests of the citizens of the area. He also believes that the Council and Planning Commission, through the PUD process will be able to protect some of the concerns of the public. Bakersfield, California, February 24, 1988 - Page 4 Councilmember Childs clarified his vote stating that he is sorry that the hearing turned out the way it did. He feels that the Council has not approved apartments in the more affluent areas of town. Council has approved the construction of apart- ments in the areas that can least afford it and by that action are saying the residents are not important. He felt it was a crime and a shame that the Council treated the residents this way. He expressed his apologies. The meeting recessed at 9:37 p.m. and reconvened at 9:50 p.m. Councilmember Salvaggio clarified his vote, stating he felt some of the statements regarding Councilmember Peterson's opposition to a recent apartment complex were very misleading and very inaccurate. That apartment complex was 570 units, not 170 units, and added, if that proposal had succeeded, it would have been placed in an area that is known as 'apartment row'. It would have consisted of 20% low income apartments, which he is not opposed, per se, except he argued before the Housing Authority along with Councilmember Peterson, that there existed enough low income apartments in that area. That project did not have the restriction of a planned unit development. What the Council did tonight, was not say the number of apartments per acre had to be 17. The Council said, it does not have to be 11. This issue goes back to the Planning Commission, who will proceed through the PUD. The range is between 5 and 17, not 11. Councilmember Salvaggio thanked the Council and audience. Upon a motion by Councilmember Ratty, Item 8.a. was moved forward on the agenda. NEW BUSINESS 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 Bakersfield regarding prezoning of property known as the Oswell No. 7 Annexation. HEARINGS SEGMENT I: CMC GROUP INC. has applied to amend pre- viously approved conditions regarding reduction in landscaping requirements, and change in the location and use of automobile display pads. Project areas is located east of Wible Road, south of Pacheco Road. Planning Director Hardisty provided an updated. Mayor Payne declared the hearing open for public partic- ipation on Segment I. Sandra Campbell, 3813 Margalo Avenue, spoke in opposition to the proposed reduction in landscaping requirements. Bakersfield, California, February 24, 1988 - Page 5 Ted Buddy, 5600 Julie Street, spoke in opposition to the proposed reduction in landscaping requirements. No further protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Upon a motion by Councilmember McDermott, Resolution No. 23-88 making findings and approving the proposed negative decla- ration, denying the amendment to the Land Use Element of the General Plan to allow reduction in landscape requirements, denying the amendment to modify display pad use requirements, and approv- ing the condition modification of pad location, subject to condi- tions, was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, SEGMENT III: CITY OF BAKERSFIELD proposes to amend the Bakersfield Metropolitan Area General Plan by adding a designation of Low Density Residential (0.5 to 5.49 du/ga) on 11.818 acres, and Commercial on 8.168 acres. (Calloway No. 1 Annexation) Planning Director Hardisty provided an update. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wishing go speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Ratty, Resolution No. 24-88 making findings, adopting the Negative Declaration and Segment II]Z to the Land Use Element, was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, SEGMENT IV: SIMPSON-VANCUREN, INC. requests to amend the Bakersfield Metropolitan Area General Plan to include a Low Density Residential (0.5-5.49 dwelling units per gross acre) designation on 140 +/- acres with a lot size restriction of 8,500 square feet. (Renfro No. 1 Annexation) This hearing has been duly advertised, posted and the property owners notified as required by law. Zoning Upon Annexation 4678 implements General Plan Amendment 4-87, Segment IV. It has been appealed and the hearing should be conducted concur- rently with GPA 4-87, Segment IV. Twenty-three letters of protest have been received regarding Segment IV. Bakersfield, California, February 24, 1988 - Page 6 Correspondence has been received 116 Desert View Drive, Holbrook, Arizona, No. 1 Annexation. from John Papoff, in support of Renfro This is also the time set to consider an appeal by Carol Meek (a neighboring property owner) and Michael Rider (Associate of the applicant) of the Planning Commission's approval 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 Renfro No. 1 Annexation. This hearing has been duly advertised, posted and the property owners notified as required by law. Planning Director Hardisty gave an oral update. Mayor Payne declared the hearing open for public par- ticipation. The following people spoke in support: Mike Rider, Developer, explained options to the amendment of the GPA; Jim Marino, Simpson Van-Curen Engineering; and Mike Mason, Homestead Land Development Corporation; The following people spoke in opposition: Trent Balch, General Counsel, Stream Energy Inc., Oklahoma; Lisa King, 304 Ensenada Street, presented a photographic study of the site; Christine Bebrick, 13012 San Simeon Avenue; Gary Mulhaufer, Superintendent, Rosedale School District~ Laura Spaudling, Student Body President, Rosedale Schools. 13000 San Simeon Avenue; Mae Van Fleet, 13106 San Simeon Avenue; John Spaulding, 13000 San Simeon Avenue; Upon a motion by Councilmember Childs, an additional seven minutes was approved. Tom Fallgarter, 5401 Business Park, stated for the record that he does not believe a negative declaration is appro- priate for this project. The following people spoke in rebuttal: Mike Rider, Developer; Bakersfield, California, February 24, 1988 - Page 7 Jim Marino, Simpson Van-Curen Engineering; and John Sherade, Rider Development. The following people spoke in rebuttal: Tom Fallgatter, 5401 Business Park; and Jim Murphy, San Juan Avenue. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Childs' motion to call for the question failed by the following vote: Ayes: Councilmembers Childs, DeMond, Ratty Noes: Councilmembers Smith, Peterson, McDermott, Absent: None Salvaggio Upon a motion by Councilmember Ratty, the issue of including a Low Density Residential designation on 140 +/- acres with a lot size restriction of 8,500 square feet was referred to the Planning Commission for further study and recommendations to be reported back at the meeting of March 2, 1988, by the following vote: Ayes: Councilmembers Smith, Childs, Salvaggio Noes: Councilmember Peterson Absent: None DeMond, Ratty, McDermott, The meeting was recessed and reconvened at 12:30 a.m. Upon a motion by Councilmember Smith, Item 7.a. was moved forward on the agenda. REPORTS Councilmember DeMond read Intergovernmental Relations Committee Report No. 3-88 regarding Homeless Coalition Task Force recommendations for the development of a Homeless Facility, as follows: On January 20, 1988, the Intergovernmental Relations Committee submitted its recommendation to the City Council regarding the proposed Homeless Shelter Project. Several questions were raised by members of the City Council concerning the proposed site. As a result, this matter was referred back to this committee for further review. The identification of the proposed site is the cul- mination of over 10 months of review by the Homeless Coalition Task Force. This group of business owners, Social Service Agencies, community groups and con- cerned citizens were jointly appointed by the City Council and Board of Supervisors. The result of their efforts, along with those of the Community Development Staff was the identification of the proposed site at 1530, 1600, and 1610 East Truxtun Avenue. Bakersfield, California, February 24, 1988 - Page 8 The Council's questions about the proposed site dealt with the cost of rehabilitation, removal of the gas tanks and possible soil contamination, the capacity and location of the sewer line intended to serve the site, traffic along Truxtun Avenue and the number of businesses that exist within a 300 foot radius of the proposed site. The rehabilitation specialist for Community Development reviewed the proposed site and prepared a cost estimate to complete the homeless shelter and day center as proposed by the Homeless Coalition Task Force. The cost estimate is attached to this report as Exhibit A. That estimate includes the cost to remove the abandoned gas tanks with or without soil contamination. The estimated cost for off site improvements consisting of curb and gutter, sidewalk, street patching, and bringing the sewer line to the site is also included in the estimate. Soil tests were ordered on Friday, February 5, 1988, and are expected to be completed by February 24, 1988. The Public Works Department has surveyed the closest sewer line located on Williams Street approximately 200 feet south of the East Truxtun right of way. They have determined that the existing sewer line would accommodate the proposed development at the homeless site. With respect to the concern over the daily traffic flow along Truxtun Avenue between Beale and Haley, it was determined by the Traffic Division that there are 9,470 average daily vehicle trips. It is known that the homeless population are nomadic and are accustomed to traveling great distances. They are also accustomed to walking among both vehicular traffic as well as railroad traffic. It is Staff's opinion that traffic along East Truxtun Avenue does not pose a threat to the people that would use the proposed facility. Finally, a survey was conducted of the Assessors Parcel Map Information to determine the number of businesses within a 300 foot radius of the proposed site. It was determined that 13 businesses exist within a 300 foot radius of the property. Staff feels that it would be difficult to find a comparable site that would have as few a number of businesses or potentially impacted property owners within a 300 foot radius. The Baker Street Specific Plan identifies the deve- lopment of a homeless center as one aimed at improving the retail environment along Baker Street. On February 4, 1988, the Planning Commission held a hearing and determined that the proposed homeless site was consistent with the Bakersfield Metropolitan Area General Plan and the Baker Street Specific Plan. Bakersfield, California, February 24, 1988 - Page 9 One important issue that the Council should be aware of is the time constraint that we are under as a result of having been approved for a $72,000 Emergency Shelter Grant along with $32,000 from the State's Emergency Shelter Program. The $72,000 Emergency Shelter Grant was awarded to the County of Kern specifically for this particular project and must be encumbered by April 18, 1988. In addi- tion, there was $91,000 awarded to the Bethany Service Center/Good Shepherd Shelter for the East Truxtun site. Those funds along with the $32,000 from the State must be expended by September 15, 1988. Therefore, this proposed project stands to lose approximately $195,000 in grant funds if we are not able to proceed with the project in a timely manner. Charitable contributions with regard to this site have been tremendous. The Building Trades Council of Kern County has indicated through one of their representatives that they are willing to provide free labor in support of this homeless day center. Their support presents opportunities for the City to complete this worthy project at reduced costs. Raymond Shackelford, Labor Relations Officer for the U.S. Department of Housing and Urban Development, was sent a letter on February 8, 1988, requesting a determination regarding our ability to accept the free labor. Mr. Shackelford responded over the phone stating that acceptance of the free labor would not be in violation of any federal labor standards for federally funded construction projects. A letter containing his finding will be sent to the Community Development Division. The other positive aspect of the proposed site is that Pennzoil is prepared to donate the site containing the 5,000 square foot building to the City of Bakersfield for the proposed homeless center. This donation would further reduce the cost of complet- ing the proposed project. Staff has conveyed to this committee that such an offer and such an opp- ortunity would not be available at any other site that would also offer the same amount of isolation from major commercial areas and present the same degree of access to the homeless population that exist in the Baker Street Corridor Specific Plan study area. Therefore, we are recommending the following: 1. That the Council approve and adopt the proposed negative declaration. That Community Development Staff be authorized to acquire the property located at 1530, 1600, and 1610 East Truxtun Avenue to be developed as a homeless facility. That the Mayor be authorized to sign an agree- ment with Architectural Enterprises to develop the overall master plan, plans and specifications for the facility. That the Mayor be authorized to sign an agree- ment with the County of Kern for the acceptance of $72,000.00 of Stewart B. McKinney Emergency Shelter Grant Funds, to be used for this project. Bakersfield, California, February 24, 1988 Page 10 That the Mayor be authorized to sign an agree- ment with the Bethany Service Center/Good Shepherd Shelter to relocate their existing night shelter program to this site. That the Council approve the continuing role of the Homeless Coalition Task Force in the overall development of the master plan; assistance in identifying an existing non-profit organization to provide the overall operation and maintenance of the homeless facility; and to provide input in the development of services and programs to be provided in the new homeless facilities. Upon a motion by Councilmember DeMond, Intergovernmental Relations Committee Report 3-88 was accepted. The following people spoke in support of the proposed Homeless Shelter: A. Lindsay McDaniel, 5900 Ronald Way. Randi Battaglia, Representative, Homeless Coalition Task Force, 404 Quailridge Drive. Dominico (Dick) Scatena, 616 Magnolia Avenue, spoke in support of the Shelter, but not the East Truxtun location. Linda Eviston, 7420 Remington Avenue; Irvin L. Jones, 600 W. Colombus Street; Bruce Ball, Director, Bethany Service Center/Good Shepherd Shelter, 5905 Azalea Avenue; Fred Brakeman, 3116 Pomona Drive; Beverly Burke, P. O. Box 10032; Rhonda Covington, 3321 State Road; Roy Malahowski, Greater Bakersfield Legal Assistance, 615 California Avenue; Fred Drew, Chairman, Homeless Coalition Task Force, 300 19th Street; Gene $aint-Amand, Vice-Chairman, Homeless Coalition Task Force, 2801 Vasser Court, Apt. K; Jack O'Donnel, 7508 Del Canto Court, spoke in opposition to the location of the proposed Homeless Shelter. Upon a motion by Councilmember McDermott, additional public statements to be heard by those who did not sign speakers cards before the meeting, were approved. Steve Martin, Executive Director, Kern County Contractor's Association, 2140 Brundage Lane, spoke regarding their opposition to the proposed location and requested one week to prepare architecturally drawn plans and cost estimates. Bakersfield, California, February 24, 1988 - Page 11 Bob Mulland, Personnel Director, Bakersfield City School District, spoke in support of the proposed Homeless Shelter. Steve Magnus, 6404 Ridgeway Court, spoke in support of the proposed Homeless Shelter. Elwood Champhess, 627 Wood Street, spoke in opposition to the proposed site of the proposed Homeless Shelter. Joe Berry, 4637 Joanne Avenue, spoke in support of the proposed Homeless Shelter. Ricardo Perugorria, 1721 Flower Street, spoke in support of the proposed Homeless Shelter. Lynn Taylor, spoke in opposition to the proposed location of the proposed Homeless Shelter. Ed Gallamore, 5600 Kirkland, spoke in opposition to the proposed location of the proposed Homeless Shelter. Ronna Case, Pastor, United Methodist Church in Lamont, spoke in support of the proposed Homeless Shelter. Floyd Burke, 1013 Delfino Lane, spoke in support of the proposed Homeless Shelter. Joe Colombo, 1767 Glenwood Drive, stated his support of the proposed Homeless Shelter, and his opposition to the proposed location. David Cooper, Member, Homeless Coalition Task Force, spoke in support of the proposed Homeless Shelter. Eliza Rivera, spoke in support of the Homeless Shelter. Ben Stinson, spoke in support. Councilmember DeMond made a motion by adopt the recom- mendations of Intergovernmental Relations Committee Report No. 3-88. Upon a motion by Councilmember McDermott, the call for the question, was approved. Upon a substitute motion by Councilmember Peterson, the issue of the location for the proposed Homeless Shelter was referred to staff to look at alternate sites next to the Beale Overpass to be brought back to the Council at the meeting of March 2, 1988, was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Peterson, McDermott, Councilmembers Childs, DeMond, Ratty None Salvaggio The meeting recessed at 3:00 a.m. and reconvened at 3:05 Upon a motion by Councilmember Childs, Item 6.g. under Hearings was moved forward on the agenda. Bakersfield, California, February 24, 1988 - Page 12 HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1042 declaring its inten- tion to order the vacation of 9th Street between "H" Street and Eye Street and a portion of the alley in Block 48 in the City of Bakersfield. Correspondence has been 2930 21st Street, dated February posed street vacation. received from Mary K. Shell, 21, 1988, in support of the pro- Acting Public Works Manager, Ed Schulz gave a brief update. Mayor Payne declared the hearing open for public par- ticipation. The following people spoke in support of the proposed vacation of 9th Street between "H" Street and Eye Street: Father Lahey, Pastor, Saint Frances Church; John Lencioni, Parishoner, Saint Frances Church, 2030 Oscar Avenue; John Mueler, Architect and Planner for the project. Cliff Harding, Architect, 810 "H" Street, submitted a letter from John E. Boydston, Sr., Charles Russ and David Lava, and a letter from Barbara Poe and spoke in opposition to the proposed vacation of 9th Street between "H" Street and Eye Street. Larry Mixon, 818 "H" Street, stated his concern that the adjacent property owners were not properly notified. Cliff Harding spoke in rebuttal, his opposition of the proposed vacation of 9th Street between "H" Street and Eye Street. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Ratty requested staff provide maps of the proposed vacation of 9th Street between "H" Street and Eye Streets. Councilmember McDermott requested that staff notify all property owners within a 300 ft. radius of the proposed vacation of 9th Street between "H" Street and Eye Street; and also notify the property owners within a 300 ft. radius of the proposed Homeless Shelter site. Upon a motion by Councilmember Childs, the hearing regarding the proposed vacation of 9th Street betwewen "H" Street and Eye Street was delayed for a period of three weeks to be reopened as a public hearing, was approved. Bakersfield, California, February 24, 1988 - Page 13 NEW BUSINESS Adoption of Resolution of Intention No. 1036 of the Council of the City of Bakersfield declaring its intention to order the acquisition of property and construction of certain improvements and to form Assessment District No. 87-3 and making certain findings and determinations in connection therewith. (Jewetta, Garnsey, Akers, Wible, Mesa Grande, Monitor). Joanne Chafin, BSA Consultants, Assessment Engineer, gave an oral report and will provide an amended written report at a later date. Upon a motion by Councilmember Ratty, Resolution of Intention No. 1036, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, $alvaggio None None Peterson, Adoption of Resolution No. 25-88 of the Council of the City of Bakersfield approving the Engineer's Report and fixing time and place of Hearing Protests to proposed improvements. Assessment District No. 87-3 (Jewetta, Garnsey, Akers, Wible, Mesa Grande, Monitor). Upon a motion by Councilmember Salvaggio, Resolution No. 25-88, was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, $alvaggio Noes: None Absent: None Ratty, Peterson, HEARINGS This is the time set for a public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1037 declaring its intention to order the establishment of Underground Utility District No. 2 Division 16, along East Planz Road between Union Avenue and Madison Street. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, February 24, 1988 - Page 14 Adoption of Resolution No. 26-88 of the Council of the City of Bakersfield, Establishing Underground Utility District No. 2, Division 16 (East Planz Road bet- ween Union Avenue and Madison Street). Upon a motion by Councilmember Salvaggio, Resolution No. 26-88 was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None None Peterson, This is the time set for a public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1038 declaring its inten- tion to order the establishment of Underground Utility District No. 2 Division 17, along Watts Drive between Union Avenue and Madison Street. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 27-88 of the Council of the City of Bakersfield, Establishing Underground Utility District No. 2, Division 17 (Watts Drive between Union Avenue and Madison Street). Upon a motion by Councilmember Peterson, Resolution No. 27-88 was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None None Peterson, This is the time set for a public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1039 declaring its inten- tion to order the establishment of Underground Utility District No. 2 Division 19, along East White Lane from Union Avenue to 3/4 miles east. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, February 24, 1988 - Page 15 Adoption of Resolution No. 28-88 of the Council of the City of Bakersfield, Establishing Underground Utility District No. 2, Division 18 (East White Lane, from Union Avenue to 3/4 Mile east. Upon a motion by Councilmember Salvaggio, Resolution No. was approved by the following vote: Ayes: Noes: Absent: Councilmembers Smith, Childs, DeMond, Ratty, McDermott, Salvaggio None None Peterson, This is the time set for public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1040 declaring its inten- tion to order the establishment of Underground Utility District No. 2 Division 19, along Gosford Road between Stockdale Highway and Camino Media. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 29-88 of the Council of the City of Bakersfield, Establishing Underground Utility District No. 2, Division 19 (Gosford Road between Stockdale Highway and Camino Media). Upon a motion by Councilmember DeMond, Resolution No. was approved by the following vote: Ayes: Noes: Absent: Councilmembers None None Smith, Childs, DeMond, Ratty, McDermott, Salvaggio Peterson, This is the time set for a public hearing before the Council of the City of Bakersfield as mentioned in Resolution of Intention No. 1041 declaring its inten- tion to order the establishment of Underground Utility District No. 2 Division 20, along Ashe Road between Ming Avenue and Sanders Lane. Mayor Payne declared the hearing open for public par- ticipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Bakersfield, California, February 24, 1988 - Page 16 Resolution No. 30-88 of the Council of the City of Bakersfield, Establishing Underground Utility District No. 2, Division 20 (Ashe Road between Ming Avenue and Sanders Lane). Upon a motion by Councilmember Peterson, Resolution No. 30-88 was approved by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, NEW BUSINESS First Reading of and 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 pre- zoning of property known as the Calloway No. 1 Annexation. Adoption of Resolution No. 31-88 of the Council of the City of Bakersfield requesting Kern County Local Agency Formation Commission to approve revision of City's Sphere of Influence and that such Commission find that such request can be considered and studied as part of periodic review. (Renfro No. 1 Annexation) Upon a motion by Councilmember Childs, Resolution No. 31-88, was adopted by the following vote: Ayes: Councilmembers Smith, Childs, DeMond, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 4:00 a.m.. MAYOR of the City of Bake~fsfield, Calif. ATTEST: ~¥ ~ ~ ~x ©~f~o ~ler~ o~ t~e ~o~¢~1 of the City of Bakersfield, California jlm