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HomeMy WebLinkAbout05/18/1988 MINUTES CCBakers£ield, California, May 18, 1988 Minutes ot the Special Meeting ot the Council ot the City of Bakersfield, California, held in the Basement Conference Room - Annex Building at 5:15 p.m., May 18, 1988. The meeting was called to order by Mayor Payne. Present: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio, Ratty (seated at 5:25 Absent: None Peterson, p.m.) ALTERNATIVE TRANSPORTATION FUNDING - Kern Council o~ Govern[nents (KERN COG) Presentations were given by Bart Meays and Ron Brumett, representatives ot Kern COG, regarding growth and transportation needs now and in the ~uture. An overview o~ funding options and programs were presented including increase gas tax; increase vehicle registration; increase sales tax; Proposition 72; Proposition 74; and DeveLopment fees. ADJOURNMENT There being no further business to come begore the Council, upon a motion by CouncllmemDer DeMond the meeting was adjourned at 6:45 p.m. MAYOR of the City ot B~kerstleld, CA ATTEST: CITY CLERK and Ex Officio Clerk ot the Council of the City of Bakersfield, Call£orn~a bz Bakersfield, California, May 18, 1988 Minutes o~ 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., May 18, 1988. The meeting was called to order by Mayor Payne and Invocation by Councilmember Peterson, followed by the Pledge of Allegiance. Deputy City Clerk Zaragoza called the roll as £ollows: Present: Absent: Councilmembers Chl£ds, DeMond, Smith, Ratty, McDermott, Salvagglo None Peterson, MINUTES Upon a motion by Councilmember Childs, Minutes o£ the Specla£ Meeting and Regular Meeting o£ March 16, 1988, were approved. HEARINGS This is the time set for public hearing regarding amendment to the Land Use Element o~ the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT I: Rickett, Ward, Delmarter & Deifel requests amendment to the Bakersfield Metropolitan Area General Plan to designate 42.98 +/- acres as Low Density Residential, 11.88 acres o~ Medium Density Residential, and 6.50 acres ot Commercial. (CALLOWAY NO. 2 ANNEXATION) Note: Zoning Upon Annexation No. 468U implements GPA 1-88, Segment I. This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the hearing open for public participation. NO protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion ok the hearing for Council deliberation and action. Adoption of Resolution No. 68-88 o~ the Council o£ the City of Bakersfield making findings, adopting negative declaration and approving Segment I of proposed amendment to the Land Use Element of the Bakersfield Metropolitan General Plan (Land Use Element Amendment 1-88) Bakersfield, California, May 18, 1988 - Page 2 Upon a motion by Councilmember Ratty, Resolution No. 68-88 o~ the Council ot the City ot Bakersfield making tlndlngs, adopting the Negative Declaration and Segment I to the Land Use Element with conditions and restrictions as recommended by the Planning Commission was approved by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvagglo Noes: None ADsent: None Ratty, Peterson, This is the time set tor public hearing regarding amendment to the Circulation Element of the Bakersfield Metropolitan Area General Plan and the proposed environmental document concerning the following area: SEGMENT I (Circulation Element) CITY OF BAKERSFIELD has applied to amend the Circulation Element ot the Bakersfield Metropolitan Area General Plan to remove the major arterial street designation from a future road alignment, east of Calloway Drive along the midsection line ot Section 32, Township 29 South, Range 27 East, M.D.B.& M., and to remove the major collector street designation ~rom the E1 Toro Viejo Road alignment, south o~ the A.T.& S.F. Railroad. This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the hearing open for public participation. No protests or objections being received, and no one wlshing to speak in tavor, Mayor Payne closed the public portion ot the hearing tor Council deliberation and action. Adoption ot Resolution No. 69-88 of the Council of the City of Bakersfield making findings, adopting negative declaration and approving Segment I of proposed amendment to the circulation element o~ the Bakersfield Metropolitan Area General Plan (Circulation Element Amendment 1-88). Upon a motion by Councilmember Ratty, Resolution No. 69-88 ot the Council ot the City ot Bakersfield making tlndlngs, approving the Negative Declaration and approving Segment I to the Circulation Element was approved by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo Noes: None Absent: None Peterson, Bakersfield, California, May 18, 1988 - Page 3 This is the time set ~or public hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following area: SEGMENT II: SIMPSON-VANCUREN, INC. requests to amend the Bakerstield 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 ot 8,500 square ~eet. (Ren~ro No. 1 Annexation) NOTE: Zoning Upon Annexation 4678 implements GPA 1-88, Segment II. This hearing has been duly advertised, posted, and the property owners notitied as required by law. Assistant City Manager PulsKamp provided an update. This is the time set for a public hearing by the City Council of an appeal by John Spaulding (a neighboring property owner) o~ the Planning Commission's approval o~ an Ordinance o~ the Council o~ the City of Bakersfield amending Section 17.60.020 of Chapter 17.06 (Zoning Map) o~ the Municipal Code of the City o~ Bakersfield regarding prezonlng of property known as the Renfro No. 1 Annexation. NOTE: This hearing should be conducted concurrently with General Plan Amendment 1-88, Segment II. This hearing has been duly advertised, posted, and the property owners notltled as required by law. Mayor Payne declared the hearing open tor public participation in support o£ the proposed Amendment to the General Plan. Mzke R~der, Rider Development, spoke in support and requested that the Council approve the Planning Commission's recommendation. Mr. Rider stated that they are submitting a letter requesting the project description be amended and the two conditions be added to the project as agreed by Rider Development and John Spaulding, representative o~ residents in that area. The two conditions are as tollows: Eliminate through access from Jenkins Road into the StocKdale Ranchos through San Simeon or Moraco Drive. 2. Record CC&R on the 20 acres restricting the minimum house size to 2,000 sq. ft. Bakersfield, California, May 18, 1988 - Page 4 Trent Baugh, representative of Stream Energy, stated that an agreement has been submitted to Mike Rider regarding his development and the mutual use o~ the surtace tot Stream Energy operations. Mr. Baugh stated he has not received a response ~rom Mr. Rider at this time and reels an agreement should be reached concerning the surface use so as not to impede on Stream Energy's operations. John Spaulding withdrew his appeal to the project. No ~urther protests or objections being received, and no one else wishing to speak in tavor, Mayor Payne closed the public portion ot the hearing tot Council deliberation and action. Adoption of Resolution No. 70-88 o~ the Council of the City of Bakersfield making tindings, approving negative declaration and approving Segment II of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 1-88) Upon a motion by Councilmember Ratty, Resolution NO. 70-88 o£ the Council o£ the City o£ BaKerstleld making tlndlngs, adopting the Negative Declaration and Segment II to the Land Use Element with conditions as recommended by Planning Commission and Rider Development was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, Upon a request by Assistant City Manager PulsKamp, and upon a motion by Councilmember Ratty, Council returned to Item 6. d., hearing ot an appeal by John Spauldlng regarding prezoning o~ property Known as Ren~ro No. 1 Annexation. First Reading of an Ordinance of the Council o~ the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code o~ the City of Bakersfield regarding prezoning of property known as the Renfro No. 1 Annexation. Upon a motion by Councilmember Childs, First Reading was given to an Ordinance o~ the Council of the City of Bakers£1eld, containing the same stipulations and conditions as incorporated in the General Plan Amendment, by the ~ollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo Noes: None Absent: None Peterson, Bakersfield, California, May 18, 1988 - Page 5 This is the time set ~or protest hearing before the Council ~or the purpose of hearing any person owning real property within territory designated as Berkshire No. 2, proposed to be annexed to the City o~ Bakersfield, and the time set ~or hearing objections from any person owning real property within the Berkshire No. 2 Annexation on the matter o~ inclusion of all portions ot the proposed Berkshire No. 2 Annexation, upon annexation to the City ot Bakersfield, into the Greater Bakersfield Separation o~ Grade District. This hearing has been duly advertised, posted, and the property owners notified as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the protest hearing open tot public participation. No protests or objections being closed the public portion ot the hearing and action. received, Mayor Payne tot Council deliberation Adoption o~ Resolution No. 71-88 of the Council ot the City o~ Bakersfield making ~indings that no written protest has been ~iled and ordering the territory designated as Proceeding No. 948, Annexation No. 315, Berkshire No. 2, annexed to the City o~ Bakersfield and included in the Greater Bakersfield Separation o~ Grade District. Upon a motion by Councilmember Childs, Resolution No. 71-88 o£ the Counc~£ ot the City o~ Bakersfield was adopted by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, This is the time set ~or protest hearing before the Council ~or the purpose o~ hearing any person owning real property within territory designated as Buena Vista No. 3, proposed to be annexed to the City o~ Bakersfield, and the time set ~or hearing objections from any person owning real property within the Buena Vista No. 3 Annexation on the matter o~ inclusion o~ all portions o~ the proposed Buena Vista No. 3 Annexation, upon annexation to the City o~ Bakersfield, into the Greater Bakersfield Separation of Grade District. This hearing has been duly advertised, posted, and the property owners notl£1ed as required by law. Bakersfield, California, May 18, 1988 Page 6 Assistant City Manager Pulskamp provided an update. Mayor Payne declared the protest hearing open for public participation. Ms. Pauline Pasco, 11031 Panama Lane, stated she spoke betore the Planning Commission regarding the annexation and requested a transcript and copies ot the tapes ot that meeting. The tape was taulty and d~d not znclude everything she said. She hopes what she said will be allowed it it came down to litiga- tion. tapes. Mayor Payne dlrected the Clerk's Otfice to check the Adoption ot Resolution No. 72-88 ot the Council of the City ot Bakersfield making ~ndings that no written protest has been filed and ordering the territory designated as Proceeding No. 949, Annexation No. 316, Buena Vista No. 3, annexed to the C~ty ot Bakersfield and included in the Greater Bakerstield Separation ot Grade District. Upon a motion by Councilmember Ratty, Resolution No. 72-88 ot the Council o~ the C~ty o£ Bakers£ield was adopted by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo Noes: None ADsent: None Peterson, This is the time set for protest hearing before the Council for the purpose of hearing any person owning real property within territory designated as Oswell No. 6, proposed to be annexed to the City of Bakersfield, and the time set for hearing oDjections from any person owning real property within the Oswell No. 6 Annexation on the matter of inclusion of all portions of the proposed Oswell No. 6 Annexation, upon annexation to the City of Bakersfield, into the Greater Bakersfield Separation of Grade District. This hearzng has been duly advertised, posted, and the property owners notitied as required by law. Assistant City Manager Pulskamp provided an update. Mayor Payne declared the protest hearing open for public partzcipation. Dick Craw£ord, 501 Workman Street, Ste. 101, spoke regarding a sewer system that they recently installed in the Oswell area and want to be sure they are able to use the ameni- ties that they have installed. Bakersfield, California, May 18, 1988 Page 7 No protest or objections being received and no one else wishing to speak, Mayor Payne closed the public portion o~ the hearing ~or Council deliberation and action. Adoption of Resolution NO. 73-88 of the Council o~ the City of Bakersfield making findings that no written protest has been filed and ordering the territory designated as Proceeding No. 955, Annexation No. 317, Oswell No. 6, annexed to the City of Bakersfield and included in the Greater Bakersfield Separation o~ Grade District. Upon a motion by Councilmember Childs, Resolution No. 73-88 o£ the Council o~ the City of Bakers£ield was adopted by the tollowing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvagglo None None Ratty, Peterson, This is the time set for public hearing on Resolution o~ Intention No. 1043 declaring its intention to order the vacation of the 60-foot wide ~uture street dedication in portions of Lots 26 and 27 o~ Tract 1518 in the City o~ Bakersfield. This hearing has been duly advertised, posted, and property owners notified as required by law. Assistant City Manager Pulskamp provided an update. the Mayor Payne declared the hearing open ~or public par- ticipatlon. Helen Robinson, 601 Townsley Avenue, spoke in support the vacation ot the street. No protest or objections being received, and no one else wishing to speak in [avor, Mayor Payne closed the public portion ot the hearing for Council deliberation and action. Adoption of Resolution No. 74-88 of the Council of the City of Bakersfield ordering the vacation o~ the 60-~oot wide future street dedication in portions of Lots 26 and 27 o~ Tract 1518. Upon a motzon 74-88 o~ the Council ot the tollowing vote: by Councilmember Childs, Resolution No. the City of Bakersfield was approved by Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Bakersfield, California, May 18, 1988 - Page 8 501 REPORTS Councilmember Demond, Chairperson ot the Legislative Committee, read Report No. 3-88 regarding Amendment to Joint Powers Agreement Establishing Kern County Council ot Governments as follows: On March 8, 1988, the City Council referred to the Legislative Committee a request from Barton Meays, Executive Director ot the Kern County Council of Governments, to amend the Joint Powers Agreement (JPA) establishing the Kern County Council ot Governments. In the proposed amendment, each agency would pay a pro rata share based on population. The Colnmittee has met to discuss the issue and requested Mr. Meays attend a Committee meeting to discuss concerns members had with the proposed JPA amendment. Members felt that apportioning the costs ot non-recoverable expenses among the JPA participants was justifiable. Concerns were voiced, however, that by basing the percentages on population without adjusting for the tact that city residents are also county residents, the cities would be picking up a disproportionate share of the non-recoverable expenses. Also included in the category ot non-recoverable costs are travel payments for Kern COG representatives which must commute to Bakersfield for COG meetings, a cost that Bakers£ield pays but does not ~ncur. While the Committee teeis very strongly that the services the Kern County Council of Governments provides the Cities and County ot Kern through its common authority are essential to the well being of the region, t~e Committee also feels justified in restricting the amount of funding to be committed for the purpose of non-recoverable costs. To this end, the Committee recommends conditional approval of the amended JPA, specifying a maximum amount of $6,500 above which the City will not be committed without further City Council review and action, as set forth in the attached resolution. Therefore, the Committee recommends that the Council adopt the attached resolution approving, with conditions, the amendment to the Joint Powers Agreement for the Kern County Council o2 Governments, and authorize the Mayor to execute that Amended Agreement. Upon a motion by Councilmember Demond, Legislative Committee Report No. 3-88 was accepted. Councilmember DeMond made a motion to implement the recommendations within Legislative Committee Report No. 3-88. Bakersfield, California, May 18, 1988 - Page 9 Councilmember McDermott made a substitute motion to re£er Legislative Committee Report 3-88 to the Urban Development Committee. The motion tailed by the following vote: Ayes: Councilmembers Smith, Peterson, McDermott Noes: Councilmembers Childs, DeMond, Ratty, Salvagglo Absent: None Approval of Agreement No. 88-140 with the County of Kern and Cities, Joint Powers Agreement for Kern COG Adoption of Resolution No. 75-88 of the Council of the City of Bakersfield approving, with conditions, amendment to Joint Powers Agreement for the Kern County Council of Governments. Councilmember DeMond's motion to implement the recommen- dations within Legislative Committee Report No. 3-88 was approved, and Resolution No. 75-88 ot the Council ot the C~ty ot Bakerstzeld was adopted and Agreement No. 88-140 was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Noes: Councilmember Peterson, McDermott Absent: None Ratty, Salvaggio CONSENT CALENDAR The tollowing items were ilsted on the Consent Calendar: Approval ot Warrant Nos. 8134 to 8340 inclusive, in the amount ot $645,175.06. Do Authorization tot Submittal ot the 1988 Rental Rehabilitation Program Application. Upon a motion by Councilmember Smith, Items a and bot the Consent Calendar were approved by the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvagglo Noes: None Absent: None Ratty, Peterson, ACTION ON BIDS Adoption ot Resolution No. 76-88 ot the Council of the City of Bakersfield determining that certain Police Radios can be reasonably obtained ~rom only one vendor, Motorola C and E and authorizing the Finance Director to dispense with bidding theretore, not to exceed $15,000.00. Bakersfield, California, May 18, 1988 - Page 10 Upon a motion by Councilmember Ratty, Resolution No. 76-88 o~ the Council o~ the City o~ Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, Reject bid for Resurfaclng of Garces Circle. Upon a motion by Councilmember DeMond, low bid ~rom Granite Construction Company in the amount ot $230,350 was rejected, and start authorlz~ to re-evaLuate and re-Did the project. NEW BUSINESS First Reading o~ an Ordinance o~ the Council o~ the City o~ Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) o~ the Municipal Code o~ the City o~ Bakersfield regarding prezoning o~ property known as the Rosedale No. 4 Annexation. This ordinance amends Title 17 o£ the Bakersfield Municipal Code and prezones approximately 35.82 acres ot Rosedale No. 4 Annexation as an M-2 (General Manutacturlng) Zone. The Planning Commission, on April 21, 1988, recommended both the pre- zoning and the annexation. First Reading of an Ordinance o~ the Council of the City o~ Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code o~ the City o~ Bakersfield regarding prezoning ot property known as the Calloway No. 2 Annexation. This ordinance amends TitLe 17 ot the Bakerstleld Municipal Code and prezones approximately 42.98 acres ot Calloway No. 2 Annexation as an R-I (One Family Dwelling) Zone, approxi- mately 11.88 acres as an R-2 (Limited Multiple Family Dwelling) Zone and 6.50 acres as a C-2 (Comm~3rclal) Zone, consistent with GPA 1-88, Segment I. Adoption o~ Resolution No. 77-88 o~ the Council o~ the City ot Bakersfield requesting Kern County Local Agency Formation Commission to approve revision of Clty's Sphere o~ Influence and that such request can be considered and studied as part of periodic review. (RENFRO NO. 1 ANNEXATION) Simpson-Vancuren, Inc. has proposed a Sphere o£ Int£uence Amendment to include 140 acres ot certain vacant land generally located at the northeast corner o~ StocKdale Highway and Rentro Road w~thin the proposed Rentro No. 1 Annexation. Bakersfield, California, May 18, 1988 - Page 11 Upon a motion by Councilmember Ratty, Resolution No. 77-88 o~ the Council ot the City ot Bakers£~eld was adopted by the tollowing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvagg~o None None Ratty, Peterson, Adoption of Resolution No. 78-88 ot the Council of the City of Bakersfield amending Resolution of Application No. 61-88 proposing proceedings tor annexation ot territory to the City ot Bakersfield identified as Casa Loma No. 3 Annexation. Th~s resolution changes the C~ty's annexation number tor this proceeding trom 327 to 321, to re£1ect the sequence in which this proceeding reached and is being processed by the Local Agency Formation Commission. Upon a motion by Councilmember Childs, Resolution No. 78-88 o£ the Council ot the C~ty ot Bakerst~eld was adopted by the tollowing vote: Ayes: Noes: Absent: Counci£members Childs, DeMond, Smith, Ratty, McDermott, Salvagglo None None Peterson, Adoption o~ Resolution No. 79-88 o£ the Council o~ the City o~ Bakerstield amending Resolution ot Application No. 45-88 proposing proceedings for annexation of territory to the City o~ Bakersfield ideAtitled as Oswell No. 7 Annexation. This resolution changes the City's annexation number ~or this proceeding trom 324 to 320, to reflect the sequence in which this proceeding reached and is belag processed by the Local Agency Formation Commission. Upon a motion by Councilmember Childs, Resolution No. 79-88 ot the Council o~ the City ot Bakerst~eld was adopted by the tollow~ng vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo Noes: None Absent: None Peterson, Adoption of Resolution ot Intentlon No. 1045 o~ the Council ot the City ot Bakerstield declaring its intention to order the abandonment o~ the tire-toot wide public utilities easement in Lots 11 and 38 o~ Tract 4650 in the City of Bakersfield. This Resolution ot Intention sets the public hearing tor the Council meeting ot June 8, 1988. Bakersfield, California, May 18, 1988 Page 12 This resolution o£ intention sets the public hearing tor the Council meeting ot June 8, 1988. Upon a motion by Councilmember Childs, Resolution o~ Intention No. 1045 o£ the Council ot the City ok Bakerstield was adopted Dy the tollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Request for transfer ot budget appropriation o~ $200,000 designated for a parr site near Freeway 99 and Panama Lane to a park site on Monitor Street south o~ Pacheco Road. Recently the City received a letter trom the Greentield Union School District expressing interest in a cooperative pro- ject tot developing a park which would include both City and District property, located adjacent to Monitor Street south o~ Pacheco Road. This letter has been reterred to a Council Committee tor an evaluation and a report. Upon a motion by Councilmember Salvaggio, transterot budget appropriation ot $200,000 was approved by the £ollowing vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvagglo None None Peterson, COUNCIL STATEMENTS Councilmember Salvagglo requested that the issue Measure "D" be put on tee May 25, 1988 agenda. Councilmember Peterson made a motion to reter the issue ot the Truxtun Galleria law suit, particularly the period between July 1987 through April 1988, to the Kern County Grand Jury tot lnvestlgatlon and report. City Attorney Saaltleld stated that there are no provi- sions to place additional matters on the agenda tor any kind o£ action, and it would be appropriate that this issue be brought up at the next meeting and action could De taken at that time. Councilmember Salvaggio asked Start to research the pos- slbllzty it the Council chose to approve Councilmember Peterson's request on this issue, what gratification would that have with respect to a good tazth hearing that would be taking place in the future on this case. Bakersfield, California, May 18, 1988 - Page 13 ADJOURNMENT There being no tufther business to come be£ore the Council, upon a motion Oy Councilmember Chl[dS, the meeting was adjourned at 8:07 p.m. MAYOR o£ the City of Bakersfield, CA ATTEST: /~/ ? /.. . ~ CITY CLERK and Ex O£~lczo Cler}~ ot the Council ot the City o~ Bakersfield, Call£ornia bz