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