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HomeMy WebLinkAbout07/30/1986 MINUTES CCBakersfield, California, July 30, 1986 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., July 30, 1986. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Dickerson, Moore, Ratty, Salvaggio, Smith Absent: None MINUTES Upon a motion by Councilmember Childs, the minutes of the Continued Meeting of June 23, 1986, were accepted as amended, and the minutes of the Continued Meetings of June 24, and 25, the Joint Public Hearing of July 2, and the Regular Meeting of July 2, 1986, were accepted. SCHEDULED PUBLIC STATEMENTS Merrell J. Gibson, Bakersfield Optimist Clubs, Aaron Building, Suite 1, read a Resolution which he presented to the Council from the Bakersfield Optimist Clubs regarding formation of an Optimist Civic Affairs Committee supported by each Optimist Club. from the f~le. Upon a motion by Councilmember Childs, the Resolution Bakersfield Optimist Clubs was received and placed on Randell 4800 New Horizon, his business and Clerk. Kerby, owner of California Smog and Repair, requested assistance in obtaining signage for submitted a map of the proposed location to the Upon a motion by Councilmember Dickerson, the request by Randell Kerby for assistance in obtaining signage for his business was referred to the Auditorium and Community Services Committee for study and recommendation back to Council. Jonathan Webster, 221 California Avenue, No. C, of the National Association for the Advancement of Colored People, read into the record and provided correspondence to the Clerk, from the NAACP, dated July 30, 1986, regarding soil contamination by Garriott Crop Dusting Company. Upon a motion by Councilmember Christensen, the City Attorney was directed to provide a report on the events surrounding the purchase of the Airpark. Councilmember Salvaggio clarified that a will be set up with Mr. Webster and other citizens committee meeting of August 11. public meeting prior to their Councilmember Dickerson made a motion to direct staff to provide at one location all correspondence dealing with toxics at the Bakersfield Airpark. Councilmember Childs requested the motion include that staff insert a blank page ~narked confidential document and date and then have the confidential document in the Attorney's Office for review. Bakersfield, California, July 30, 1986 - Page 2 Councilmember Dickerson accepted the request of Councilmember Childs to amend his motion. Councilmember Dickerson's motion to direct staff to pro- vide at one location all correspondence dealing with toxics relative to the Bakersfield Airpark, and that staff insert a blank page marked confidential document and date, and have the confiden- tial document in the Attorney's Office for review, was approved with Councilmember Salvaggio voting no. Councilmember Sa]vaggio clarified his no vote stating that he would like to have confidential information at his home for review. Councilmember Childs clarified his yes vote by stating his concerns about the confidential memorandum's request and suggestions is entirely separate from his concern of getting the information regarding Garriott. that CORRESPONDENCE Upon a motion by Councilmember Christensen, com- munication from Stephen de Tasnady, 416 Cedar Street, dated July 9, 1986, requesting a City Ordinance prohibiting loud noises or operation of machinery disturbing to the peace of residential areas, between 9:00 p.m. and 8:00 a.m. on weekdays and 9:00 p.m. and 9:00 a.m. on weekends, was received and referred to the City Attorney. Upon a motion by Councilmember Childs, communication from Kern High School District, 2000 24th Street, dated July 10, 1986, requesting a General Plan Amendment for approximately 20 acres from Open Space designation to Industrial designation located on the east side of Mr. Vernon Avenue approximately 2,700 feet south of the centerline of Brundage Lane, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Quad Consultants, Suite 611, Great Western Savings Building, 1415 18th Street, dated July 17, 1986, requesting a change in con- ditions to a General Plan Amendment for approximately 60 acres for Industrial use, was received and referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Childs, communication from Robert S. Wenn, 5306 Aldrin Court, dated July 17, 1986, sub- mitting his resignation from the Board of Building Appeals, was received and placed on file. Upon a-motion by Councilmember Childs, communication from John and Alma Johnson, dated July 23, 1986, requesting Community Development Block Grant (CDBG) monies for the purpose of demolition and new construction in the targeted Lakeview area, was received and referred to the Budget and Finance Committee. Councilmember Moore made a motion to direct the City Attorney to respond to communication from Robert Bentley, Managing Editor of the Bakersfield Californian, P.O. Box 440, dated July 16, 1986, wherein he requested the Council conduct a public discussion regarding the reasons for hiring IT Corporation to conduct tests for possible pesticide contaminants at the Bakersfield Airpark, and provide a copy of the response to all Councilmembers. Councilmember Dickerson made a substitute motion to accept City Attorney Oberholzer speaking on this issue; that the City Attorney will submit his response in draft form; and the Council will take action at that time. Upon a motion by Councilmember Dickerson, the call for the question was unanimously approved. Bakersfield, California, July 30, 1986 - Page 3 Councilmember Dickersoh's substitute motion to accept City Attorney Oberholzer speaking on this issue and that the City Attorney submit his response in the form of a draft and the Council will take action at that time, was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Councilmembers Moore, Ratty, Smith None Dickerson, Salvaggio COUNCIL STATEMENTS Councilmember Ratty requested staff bring back a report on the options available to expedite action by U.S. Homes to solve the problem of the ground sinking in the southwest area. Councilmember Christensen expressed concern regarding an article indicating the City Manager's opinion that City growth would only be moderately affected by the decline in oil and agri- culture, and that construction could take up the slack. Upon a motion by Councilmember Salvaggio, communication from Robert J. Gardiner, Kern Chapter Red Cross, 239 18th Street, dated July 23, 1986, encouraging a policy that all Lifeguards must have Lifeguard Training, current Cardiopulminary Resuscitation cards and First Aid Training, was referred to staff for con- sideration. Councilmember Childs Robinson, Executive Director of into the record as follows: read correspondence from John W. the Bakersfield Senior Center, Dear Mr. Caravalho: This letter is in regard to numerous conversations and some correspondence which has occurred during the past several months in regard to the decision by the City of Bakersfield to relocate its Recreation Program to the Senior Center site located at 530 4th Street in Bakersfield. As you are aware, a study was conducted by the City of Bakersfield which determined that the Bakersfield Senior Center location would be a far superior site than any other proposed, and it was agreed that upon completion of construction of our new faciltiy which is being funded under Community Development Block Grant funds, the Recreation Department would relocate here. Taking this agreement into account, the plans for construction of our new building were changed completely to accommodate the needs of the Recreation Department. It was further understood that the City would provide certain in-kind ser- vices for usage of the space such as maintenance and janitoral services, provision of supplies and even some insurance costs. We, having faith in the City of Bakersfield's decision, were depending upon the City of Bakersfield to offset some of our operational costs by provision of in-kind at an estimated amount of between $25,000 and $30,000. I have been "informally" notified that the City of Bakersfield has changed their mind about relocating its Recreational Program to the site at 530 4th Street. The building is now 75% completed and as yet we have not been informed in writing by the City that the Recreational Program will not be relocating to our site. If, in fact, it is true Bakersfield, California, July 30, 1986 - Page 4 that the City will not be utilizing our space for their Recreational Program, it is imperative we be informed so. Such action wbuld have a devastating effect on our program and we are in hopes that either we have been informed incorrectly or that some arrangement can still be worked out. I am looking forward to your expeditious response. John W. Robinson Councilmember Childs made a motion that the issue of reimbursement to Councilmembers for expenses during a meeting Monterey, California, be considered an emergency matter. Councilmember Ratty made a substitute motion to refer the issue of reimbursement of expenses incurred by Councilmembers during a trip to Monterey, California, to the Budget and Finance Committee. This motion was approved with Councilmember Childs voting no. Upon a motion by Councilmember Dickerson, staff was directed to submit the changes to be made to the Council Chambers to the Auditorium and Community Services Committee. Upon a motion by Councilmember Dickerson, the question of toxic chemicals being applied to lawns and shrub- bery within the City was referred to the Auditorium and Community Services Committee for discussion and report back to Council. Upon a motion by Councilmember Dickerson, the issue of staff finding a way of utilizing 5 to 8 acres of land owned by California Water Service on Pacheco Road, if possible at no cost to the City, was referred to the Auditorium and Community Services Committee for discussion. Councilmember Dickerson expressed concern regarding the litter ordinance and indicated he would defer the issue until next week. Councilmember Dickerson requested a report back from the Water Resources Committee at the next Council meeting regarding canal fencing in the 7th Ward. REPORTS Councilmember Childs, Chairman of the Budget Finance Committee read Report No. 25-86 regarding the Downtown Improvement District Budget as follows: and On July 16, 1986, the proposed annual budget for the Downtown Improvement District (D.I.D.) for Fiscal Year 1986-87 was submitted to the City Council by the Downtown Business Association. The proposed total budget represents expenditures of $61,800.00. The major revenue source consists of the assessment of businesses within the D.I.D. which totals $60,000.00. The committee has reviewed the budget in its role as trustee of the D.I.D. funds. The committee requested that the expenditures listed in the line item titled "Improvement and Promotion" be spe- cified and also requested periodic outside audits be completed, paid for by D.I.D. funds. These changes have been discussed with a representative of the D.B.A. Bakersfield, California, July 30, 1986 - Page 5 This committee would like to thank the D.B.A. for the effort it put forth in the preparation of the proposed budget. We would also like to recognize the many contributions that have been made by the Downtown Business Association through its street faires, sidewalk cleanup and Christmas parades to promote and encourage the development of a more positive image of the Downtown area. This committee recommends that the proposed budget for the Downtown Improvement District for Fiscal Year 1986-87 be accepted and approved and that staff include requirements for periodic financial audits to be paid for with D.I.D. funds, by amending the current agreement with the Downtown Business Association, if possible, or by inclusion in any subsequent agreements. In conclusion, this committee recommends the accep- tance and approval of this report and the implemen- tation of its recommendations. Upon a motion by Councilmember Childs, Report No. 25-86 from the Budget and Finance Committee, regarding the Downtown Improvement District Budget, was accepted. Upon a motion by Councilmember Childs, the recommen- dations of Report No. 25-86 from the Budget and Finance Committee, regarding the Downtown Improvement District Budget, were adopted. Councilmember Dickerson, Chairman of the Committee, read Report No. 6-86, regarding Access SB 2232, as follows: Legislative for Supertrucks, On June 18, 1986, the California Trucking Association submitted a letter to the City Council indicating its opposition to Senate Bill 2232. This letter was referred to the Legislative Committee. SB 2232 is a compromise package on supertruck access and is supported by the League of California Cities. It is opposed by the Auto Club because it allows too much access for trucks and is opposed by the California Trucking Association because it does not permit supertrucks to run anywhere in California unregulated. The bill does the following: 1) Trucks with a 38-foot kingpin setting can operate on any street or road. 2) Local authorities can restrict trucks on local streets with a kingpin setting from 38- to 40- feet. Cities must erect signs to prohibit these larger trucks on City streets. 3) Trucks with a kingpin setting of over 40 feet can be required to first obtain a permit to operate. Presently, supertrucks operating within the City are regulated by Ordinance No. 2946. Trucks with a kingpin setting over 38-foot must obtain a permit and are restricted to certain predetermined routes along City streets. Bakersfield, California, July 30, 1986 - Page 6 Since the City of Bakersfield has already taken action on the issue of access for supertrucks, it is this Committee's recommendation that the City Council take no position on SB 2232. Upon a motion by Councilmember Dickerson, Report 6-86, from the Legislative Committee, regarding Access for Supertrucks, SB 2232, was accepted. No. Public Works Manager Hawley gave an oral report regarding the Consolidated Transportation Service Agency. He mended that the Council ratify the recommendation to support Golden Empire Transit's designation as the Consolidated Transportation Service Agency for the metropolitan Bakersfield area. recom-- Councilmember Dickerson made a motion to refer Public Works Manager Hawley's Report regarding Consolidated Transportation Service Agency to the Legislative Committee. Upon a substitute motion by Councilmember Moore, the recommendations of the Public Works Manager's Report regarding Consolidated Transportation Service Agency were approved wotj Councilmember Dickerson voting no. Councilmember Ratty, Chairman of the Urban Development Committee read Report No. 13-86 regarding Glass Bottles in Parks as follows: At the December 11, 1985 City Council Meeting, an ordinance was proposed which would prohibit glass beverage containers from being brought into City parks. The Urban Development Committee, at the January 22, 1986 City Council meeting, recommended that no action be taken on the proposed ordinance in order to allow the Bakersfield Association for Retarded Citizens and the Kern Beverage Association to initiate a cleanup program whereby the Kern Beverage Association would pay a premium for all glass collected, thereby making glass more valuable than aluminum cans. They requested that the Council be allowed six months to evaluate this program. The six months has now ended, and it is the opinion of the Parks Division and the Police Department that the bottle problem in the parks on weekends has not been eliminated; however, by the following Monday morning the bottle collectors have signifi- cantly reduced the litter of bottles in the parks. It is, therefore, the administration and this Committee's recommendation that no action be taken at this time by the City Council relative to the proposed ordinance banning glass beverage con- tainers from the parks. Councilmember Ratty made a motion to accept Report No. 13-86 from the Urban Development Committee regarding Glass Bottles in Parks and review it again in six months. Mayor Payne restated Councilmember Ratty's motion to accept Report No. 13-86 from the Urban Development Committee regarding Glass Bottles in Parks. This motion was unanimously approved. Bakersfield, California, July 30, 1986 Page 7 Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 14-86, regarding a Request to Connect the City's Sewer System, as follows: to On July 2, 1986, the City Council received a request from Don Judkins for property located at the southwest corner of Palm Avenue and Jewetta Avenue to connect to the City's sewer system. This request was referred to the Urban Development Committee. This committee has met and discussed this request with City staff. The property is within the City's sphere of influence, within the Buena Vista sewer service area and is adjacent to an area presently being considered for annexation. The property owner is agreeable to include his area as part of the annexation. Therefore, this committee recommends that the City Council approve the request of Don Judkins to con- nect his forty acre parcel to the City sewer line and authorize staff to initiate annexation pro- ceedings for the property. Upon a motion by Councilmember Ratty, Report No. from the Urban Development Committee, regarding a request to the City's Sewer System, was accepted. 14-86 to connect: Upon a motion by Councilmember Payne, the recommen- dations of Report No. 14-86 from the Urban Development Committee, regarding request to connect to the City's Sewer System were approved. RECESS Upon a motion by Councilmember Christensen, the meeting was recessed at 8:58 p.m. The meeting was reconvened at 9:10 p.m. CONSENT CALENDAR Approval of Warrant Nos. 8774 to 9009 inclu- sive, in the amount of $1,171,371.55 and Warrant Nos. 86 to 207 inclusive, in the amount of $584,929.51. b. Claim for Damages and Personal Injuries from the following: 1. Florence Isabel Thonebirg, 1509 Wilson Road; 2. Gilbert C. Bunns, Jr., 704 Oak Street; 3. Frank Lozano, 2509 Noble Avenue; 4. Joellen Schuermann, c/o Joseph I. Anderson, 1701 Westwind Drive, Suite 226. (REFER TO CITY ATTORNEY) c. Dedication of Property: Street Right-of-Way Deed and Water Line Easement from Days of the West, Inc., for S.P.R. No. 137-85-B located at the north- west corner of Rosedale Highway and Freeway 99. Bakersfield, California, July 30, 1986 - Page 8 d. Notice ot' Completion and Acceptance of Work on: Traffic Signal Systems, Contract No. 86-26, with Paxin Electric, Inc., on Auburn Street at Columbus Street. Tract Map No. 4242 Unit 2, Contract No. 82-186, with Barratt of Northern California, located at Fairview Road east of South "H" Street. Tract Map No. 4618, Contract No. 83-156, with Barratt of Northern California, located at Fairview Road and Monitor Street. Tract Map No. 4404, Contract No. 83-180, with Dickinson-Wadsworth Associates, located at Fairlax Road and Royal Coach Drive. Tract Map No. 4407, Contract No. 83-128, with Dickinson-Wadsworth Associates, Iotated at Fairfax Road and Royal Coach Drive. Parcel Map No. 7332, Contract No. 85-54, with Tenneco Realty Development Corp., located at Laurelglen Blvd. and Brookside Drive. Tract Map No. 4786, Contract No. 85-135, with Magna Development Corp., located at State Route 178 and Miramonte Drive. e. Application for Encroachment Permit from: Bryan Hill, 3528 Charlotte Street, for the construction of a 6-foot wood fence behind the sidewalk on Lugene Avenue at 3528 Charlotte Street. Pipeline License Agreement between Atchison Topeka and Santa Fe Railway Company and the City of Bakersfield for construction, opera- tion and maintenance of the Buena Vista Sewer Trunk. Upon a motion by Councilmember Childs, Items a, b, c, d, e and f of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Moore, Ratty, Salvaggio, Smith Noes: None Absent: None DEFERRED BUSINESS Adoption of Ordinance No. 3061 New Series of the Council of the City of Bakersfield amending Section 5.58.030 E. and adding Section 5.58.045 to the Bakersfield Municipal Code relating to Seismic Survey Activities. This Ordinance was given first reading at the meeting of July 16, 1986. Bakersfield, California, July 30, 1986 - Page 9 Upon a motion by Councilmember Ratty, Ordinance No. 3061 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, Adoption of Ordinance No. 3062 New Series of the Council of the City of Bakersfield amending Section 16.32.060 D. of the Bakersfield Municipal Code relative to Fees for Construction of Planned Drainage and Sanitary Sewer Facilities pursuant to adopted plans, and adding reference to plans adopted for Rosedale Plaza and "K" and 2nd Streets Planned Sewer Areas. This Ordinance was given first reading at the meeting of July 16, 1986. Upon a motion by Councilmember Childs, Ordinance No. 3062 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Moore, Ratty, Salvaggio, Smith None None HEARINGS This is the time set for public hearing before the Council on Resolution of Intention No. 1005 (Assessment District No. 86-3), declaring its intention to acquire improvements of Effluent Disposal Pipeline for Wastewater Treatment Plant #3. 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 the hearing for Council deliberation and action. of Upon a motion by Councilmember Christensen, Resolution No. 108-86 of the Council of the City of Bakersfield Overruling Protests on Resolution of Intention No. 1005 - Assessment District No. 86-3 was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, Upon a motion by Councilmember Christensen, Resolution No. 109-86 and Order of the Council of the City of Bakersfield adopting the Engineer's Report, confirming the Assessment and ordering the Acquisition - Assessment District No. 86-3 (Resolution of Intention No. 1005) was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, Bakersfield, California, July 30, 1986 - Page 10 Upon a motion by Councilmember Christensen, Resolution No. 110-86 of the Council of the City of Bakersfield designating the Collection Officer Assessment District No. 86-3 (Resolution of Intention No. 1005) was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, This is the time set for public hearing on Resolution of Intention No. 1008 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of the east end of the City-owned alley in Block 32 of Kern Division. 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. Upon a motion by Councilmember Ratty, Resolution No. 111-86 of the Council of the City of Bakersfield ordering the vacation of a portion of the east end of the City-owned alley in Block 32 of Kern Division in the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, Councilmember Ratty made of the property on the east end of 32 of Kern Division in the City of and order the disposal pursuant to Code. This motion was approved by a motion to declare a portion the City-owned alley in Block Bakersfield as surplus property the provisions of the Municipal the following roll call vote: Ayes: Councilmembers Childs, Ratty, Noes: None Absent: None Christensen, Dickerson, Moore, Salvaggio, Smith This is the time set for public hearing regarding amendment to the Land Use and Circulation Elements of the Bakersfield Metropolitan Area General Plan and Proposed Environmental Documents con- cerning the following general areas: SEGMENT I: BAKERSFIELD AUTO MALL/MOSESIAN DEVELOPMENT CORPORATION has applied to amend previously approved conditions applied to the Bakersfield Auto Mall regarding canal placement, building setback, and wall requirements along the southern property line. The proposal also includes restrictions to oil well placement south of Harris Road and east of Wible Road to Freeway 99. Correspondence was received from Werdell, Chapin & Leverett, Attorneys at Law, dated July 29, 1986, opposing the regulations that oil well drilling and/or development shall not be allowed within 700 feet of any residential use. Bakersfield, California, July 30, 1986 - Page 11 Mayor Payne stated a motion by Councilmember Childs to co~- duct the hearing on Segment I and then vote on the issue in order that the citizens can go home. This motion was unanimously approved. Mayor Payne declared the hearing open for public par- ticipation on Segment I. Randy Zeeb, of Quad Consultants, spoke in support of Segment I. Gary Minor, of Werdell, Chapin & Leverett, representing Tom Antongiovanni, requested the continuance of Segment I with regard to the oil well drilling island and to give Sun Oil Company an opportunity to make a presentation to the Council. He objected to the oil well placement proposal based on the fact that it will take Mr. Antongiovanni's property rights without just compen- sation, and objected to the regulation on the oil drilling island as being vague and ambiguous. Clarence Kopman, representing Sun Exploration and Production Company, spoke in opposition to Segment I. Marshall Collins, resident of a mobile home of the project area, questioned the change in the wall on the southern boundaries. park south requirements Juanita Winkler, with Chevron USA, 5200 Stockdale Avenue, requested the 700-foot setback be eliminated as a con- dition of approval, and the distances prescribed in the new oil when developed, and the conditions in the Environmental Impact Report control the location of wells on the property. code Randy Zeeb, of Quad Consultants, indicated that the developer is willing to work with the oil company for another drill site location of equal and comparable size. He indicated that they would be willing to have the section regarding the 700-foot requirement deleted from Segment I, and work with Sun Oil Company. Clarence Kopman, representing Sun Exploration and Production Company, stated that it' the section regarding the 700- foot requirement is deleted, Segment I would be acceptable. City Attorney Oberholzer indicated that staff is working on an Ordinance and this procedure could be worked together. 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. Upon a motion by Councilmember Dickerson, Resolution No. 112-86 of the Council of 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 Area General Plan (Land Use Amendment No. 2-86), with the elimina- tion of the 700-foot requirement distance, was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Rally, Salvaggio, Smith Noes: None Absent: None Moore, SEGMENT II: PAUL SHARICK has applied to amend the Land Use Element designation of the Genera] Plan from Low Density Resi- dential to Commercial on 2.99 acres located on the northwest corner of Panama Lane and Summerfield. Mayor Payne declared the hearing open for public par- ticipation on Segment II. No protests or objections being received and no one wishing to s~eak_in f~¥o~,.M~yor.Payne ~1os~d the public portion of the hearing tor ~ouncli aelloera~lon and action. Bakersfield, California, July 30, 1986 - Page 12 Councilmember Dickerson stated opposition to Segment II with regard to making changes in the land use at the whim of deve- lopers, and the impacts of ingress and egress to the property affecting the community. Upon a motion by Councilmember Ratty, Resolution No. 113-86 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment No. 2-86), was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmembers Childs, Moore, Ratty, Councilmembers Dickerson, Salvaggio None Councilmember Christensen Smith SE(~A/IENT IV: DEAN A. GAY REAL ESTATE & DEVELOPMENT has requested to change the Land Use Element designation from Low Density Residential to Commercial on approximately 1.1 acres generally located at the northwest corner of Harris and Stine Roads. Mayor Payne declared the hearing open for public par- ticipation on Segment IV. David Gay, property owner, spoke in support of Segment IV. No 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. Upon a motion by Councilmember Ratty, Resolution No. 114-86 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IV of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area Gneral Plan (Land Use Amendment No. 2-86), was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio, Smith Noes: None Absent: None Moore, SE(IVIENT V: HILLTOP DEVELOPMENT represented by Dale Scales has requested to change the Land Use Element designa- tion from Industrial to Commercial on 2.5 acres and to Medium Density Residential on 18.7 acres generally located south of White Lane, north of Pacheco Road between Southern Pacific Railroad and South "H" Street. Correspondence was received from Dale Scales, dated July 29, 1986, requesting to defer the zone change to August 20, 1986. Mayor Payne declared the hearing open for public par- ticipation on Segment V. Dale Scales, representing Hilltop Development, spoke in support of Segment V and requested Council continue the issue of zor~e change to the August 20, 1986, Council meeting. No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Bakersfield, California, July 30, 1986 Page 13 Upon a motion by Councilmember Salvaggio, Resolution No. 115-86 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment V of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment No. 2-86), was adopted by the following roll call vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Moore, Ratty, Sa]vaggio, Smith SEGMENT VI: THE CITY OF BAKERSFIELD has applied to amend the Bakersfield Area General Plan Land Use and Circulation Elements and adopt a Specific Plan with associated Zoning for the area generally located south of Brundage Lane to East Pacheco Road and west of Mount Vernon Avenue to South Union Avenue. This area is commonly known as the Casa Loma Area and consists of approximately 3,641 acres. Proposed uses include Industry, Commercial, Residential, Open Space and Airpark Expansion. Correspondence was received from Arrache, Clark f Potter, Attorneys at Law, representing James G. Bailey, dated July 29, 1986, opposing the Casa Loma Specific Plan. Correspondence was received from Simpson-VanCuren, dated July 28, 1986, regarding sign criteria in the Casa Loma Specific Plan area. Mayor Payne declared the hearing open for public par- ticipation on Segment VI. Councilmember Salvaggio stated, for the record, that he spoke with Economic Development Director Kennon and Deputy City Manager Strenn about his concerns with regard to the Airpark expansion and the Environmental Impact Report addressing the toxic issue. Economic Development Director Kennon provided an over- view and status report of the Enterprise Zone designation and the Airpark. Jim Moreno, of Simpson-VanCuren, Inc., spoke in support of Segment VI with an amendment to incorporate the concept of a freeway-oriented sign program. Juan Arrache, Jr., of Arrache, Clark & Potter, representing James G. Bailey, spoke in opposition to Segment VI. Katie Uribe, executor of property at 1519 Madison Avenue, questioned how Segment VI will affect that property. Jack Shea, representing Universal Radio Graphics, 419 Watts Drive, spoke in opposition to Segment VI. Jerry Gollehon, Vice-President of Universal Radio Graphics, 419 Watts Drive, spoke in opposition to Segment VI. Ted James, Development Services and spoke in support of the Kern County Department of Planning and rebutted the statement by Juan Arrache, Jr., of Segment VI. Juan Arrache, Jr., provided rebuttal statements to Segment VI. Bakersfield, California, July 30, 1986 - Page 14 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 give first reading to Ordinance making findings, approving Negative Declaration, approving Segment VI to the Land Use Element and approving Casa Loma Specific Plan. This motion was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Moore, Ratty, Salvaggio, Councilmembers Christensen, Dickerson None Smith that Plan. Councilmember Dickerson clarified his no vote stating inconsistencies were voiced with regard to the General Councilmember Childs clarified his yes vote stating that he has confidence in the City Attorney, staff and the cooperative effort of the County with this project. Councilmember Christensen clarified his no vote stating that the information received tonight was very illuminating. First Reading of an Ordinance of the Council of the City of Bakersfield amending Sections 2.04.070, 2.04.100 and 2.04.110 A. 1. of the Bakersfield Municipal Code relative to City Council Meetings. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located in the northwest corner of Stine and Harris Roads. An Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of White Lane and east of the Southern Pacific Railroad. Correspondence was received from Dale Scales Associates, Inc., dated July 29, 1986, requesting to defer the Ordinance to the August 20, 1986, Council meeting. Upon a motion by Councilmember Salvaggio, the Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of White Lane and east of the Southern Pacific Railroad was deferred to the August 20, 1986, Council meeting. Adoption of Resolution No. 116-86 of the Council of the City of Bakersfield consenting to the preparation, sale and delivery of not to exceed $8,750,000 principal amount Certificates of Participation and approving certain documents and authorizing certain actions in connection therewith. Bakersfield, California, July 30, 1986 - Page 15 RECESS was p.m. Upon a motion by recessed at 11:20 p.m. Councilmember Dickerson, the meeting The meeting was reconvened at 11:25 Upon a motion by Councilmember No. 116-86 of the Council of the City of the following roll call vote: Ratty, Resolution Bakersfield was adopted by Ayes: Noes: Absent: Councilmembers Childs, Dickerson, Moore, Salvaggio, Smith None Councilmember Christensen Ratty, Acceptance of Vehicle seized under Federal Adoptive Seizure Laws. In 1986, the Police Department made application to the United States Department of Justice for several pieces of equip- ment and money under the Federal Adoptive Seizure Law. Upon a motion by Councilmember Moore, a vehicle seized under Federal Adoptive Seizure Laws was accepted and added to the Police fleet. Adoption of Resolution No. 117-86 of the Council of the City of Bakersfield declaring the results of the June 3, 1986, Special Municipal Election for Measure A, Pacheco No. 10 Annexation, and terminating proceedings. Upon a motion by Councilmember Salvaggio, Resolution No. 117-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Dickerson, Salvaggio, Smith Noes: None Absent: Councilmember Christensen Moore, Ratty, Adoption of Resolution No. 118-86 of the Council of the City of Bakersfield pro- viding for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 308, LAFCO Proceeding No. 908 (PANAMA NO. 6). Upon a motion by Councilmember Moore, Resolution No. 118-86 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Dickerson, Moore, Ratty, Salvaggio, Smith Noes: None Absent: Councilmember Christensen Adoption of Resolution of Intention No. 1012 of the Council of the City of Bakersfield declaring its intention to order the vacation of 26th Street between "M" Street and "N" Street in the City of Bakersfield. This Resolution of Intention sets the date of hearing for August 27, 1986. Bakersfield, California, July 30, 1986 - Page 16 Upon a motion by Councilmember Smith, Resolution of Intention No. 1012 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Dickerson, Moore, Salvaggio, Smith None Councilmember Christensen Ratty, Proposed Contract Amendment between the Kern River Interests and U.S. Bureau of Reclamation exempting Isabella Reservoir from the provisions of Federal Reclamation Law (acreage limitation). Councilmember Moore made a motion to authorize North Kern Water Storage District to execute the Amendment on behalf of the City of Bakersfield. Upon a substitute motion by Councilmember Dickerson, the proposed Contract Amendment between the Kern River Interests and U.S. Bureau of Reclamation exempting Isabella Reservoir from the provisions of Federal Reclamation Law (acreage limitation), was deferred to the next Council meeting. Security Pacific National Bank has been operating as the loan servicing agent for the City's Home Improvement Programs since 1977. They process, disburse and collect loans that are made at the direc- tion of the City from CDBG funds depo- sited with the Bank. NUD requires that the Servicing Agreement not exceed a two- year period without being reviewed. The services provided by the Bank have been satisfactory and provide continuity to our loan programs. Therefore, staff is recommending the amendment to the City's Agreements with Security Pacific National Bank to extend the terms of the Agreement to June 30, 1988. Upon a motion by Councilmember Ratty, the two-year extension to Agreement No. 85-71 with Security Pacific National Bank for the Formal Assurance Program was approved. Upon a motion by Councilmember Ratty, extension to Agreement No. 85-72 for the Formal was approved. the two-year Assurance Program Sale of Surplus Fire Vehicle to the City of Adelanto. Upon a motion by Councilmember Childs, the authorization to sale a surplus fire vehicle to the City of Adelanto was approved. CLOSED SESSION Upon a motion by Councilmember Childs, the meeting was recessed to Closed Session, at 11:25 p.m., for the purpose of reviewing liability loss runs, pursuant to Government Code Section 54956.9, and potential litigation, pursuant to Goverment Code Section 54956.9 b. The meeting was reconvened at 12:35 a.m. Deputy City Manager Strenn indicated that staff will schedule a Council Workshop to be held in the Annex Basement at 5:00 p.m. on Wednesday, August 27, 1986, regarding the Sand Creek Golf Course proposal. Bakersfield, California, July 30, 1986 - Page 17 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 12:45 a.m. of the City oI' Bakersfield, ATTEST: of the City of Bakersfield, California Calif. rg