HomeMy WebLinkAbout09/10/1997 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 10, 1997
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott (seated at 5:17),
Sullivan, Salvaggio (seated at 6:10)
None
Motion by Rowles to recess to Workshop at 5:22 p.m. and
to Closed Session at 6:00 p.m.
ACTION TAKEN
APPROVED
AB MCDERMOTT
SAL VAGGIO
WORKSHOP
a. Tour of Police Department Addition.
Mayor and Council toured the new addition to the Police
Department building.
CLOSED SESSION
Conference with Legal Counsel §54956.9a - Existing
Litigation in the case of Residents for Public
Participation, Inc., etc., et al. vs. City of Bakersfield,
Kem County Superior Court Case No. 234032-NFT
Conference with Legal Counsel §54956.9a - Existing
Litigation in the case of City of Bakersfield vs. U.S. Fire
Insurance Company, et al., Los Angeles County
Superior Court Case No. BC171941
Conference with Legal Counsel §54956.9a - Existing
Litigation in the case of City of Bakersfield vs. Kenko,
Inc. et al., Santa Barbara County Superior Court Case
No. SB219926
Motion by McDermott to adjourn from Closed Session at
6:33 p.m.
UPDATE RECEIVED
CITY ATTORNEY
RECEIVED
INSTRUCTION
UPDATE RECEIVED
A PPR 0 VED
Bakersfield, California, September 10, 1997 - Page 2
REGULAR MEETING
INVOCATION by Bishop Gregory Miles, The Church of Jesus
Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE by Randy Rowles
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Rowles, Carson,
DeMond, Smith, McDermott, Sullivan, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced Closed Session Action as reflected on
Page 1.
PRESENTATIONS
Mayor Price presented a proclamation to Ralph Huey,
Hazardous Materials Coordinator, proclaiming
September 15 - 21, 1997 as Pollution Prevention Week.
Mayor Price presented a proclamation to a
representative of the Kern County Fair, proclaiming
September 24 - October 5, 1997 as Kern County Fair
Days.
K. C. Bull, the Kern County Fair mascot, provided
posters to be distributed to Council and staff.
Mayor Pdce presented a Retirement Plaque to Eddie R.
Johnson, Wastewater Treatment Plant Operator II, for
33 years of service to the City of Bakersfield.
Mayor Price presented a Certificate of Appreciation to
City Manager Alan E. Tandy for 5 years of service to the
City.
PUBLIC STATEMENTS
The following individuals spoke in support of removing
the barrier at McCleary Way and Camp Street:
Larry Mitchell, who also provided wdtten material; Anna
Ginn; Gayle Blackburn; Jay Fein; Harvey Ginn.
Bakersfield, California, September 10, 1997 - Page 3
PUBLIC STATEMENTS continued
The following individuals spoke in support of keeping
the barrier at McCleary Way and Camp Street:
Judith Jackson; Emily Torres; Joseph A. Aseltine;
Richard Amick; Tiffany Amick.
Salvaggio thanked the speakers and stated his support
for keeping the barrier.
c. Dennis Fox spoke regarding "feebates."
ACTION TAKEN
7. APPOINTMENTS
CONSENTCALENDAR
Minutes:
a. August 20, 1997 Council Meeting.
Payments:
Payments from August 9 to August 29, 1997 in the
amount of $8,531,757.47; and Self Insurance payments
from August 9 to August 29, 1997 in the amount of
$130,127.47.
Resolutions:
Assessment District No. 97-1, Spring
II/Stockdale Highway Commercial:
Ward 4
Meadows
Resolution approving form and substance of
acquisition and disclosure agreements and
authorizing changes and execution.
Resolution preliminarily approving Engineer's
Report and setting November 5, 1997 for
hearing protests.
Minimum Wage Changes: Amendment No. 4 to
Resolution No. 44-93 setting salaries and related
benefits (Temporary Unit).
Amendment No. 1 to Resolution No. 172-95 approving
the destruction of certain additional obsolete City
records, documents, instruments, books and papers,
pursuant to State Government Code Section 34090 et
seq. (City Attorney's Office)
RES 132-97
AGR 97-247
AGR 97-248
RES 133-97
RES 44-94(4)
RES 172-95(1)
Bakersfield, Califomia, September 10, 1997 - Page 4
CONSENT CALENDAR continued
f. Centennial Celebration Foundation Ward 2:
Resolution authorizing the closing of certain
blocks of 20th Street and parts of G Street for
specified hours on September 20, 1997.
Agreement with Centennial Celebration
Foundation regarding use of City facilities in
exchange for CCF hosting events and
publicizing City's Centennial.
Agreements:
g. Tract Maps and Improvement Agreements:
Final Map and Improvements with RM
Development Corporation for Tract 5762, Unit B,
at the southwest corner of Berkshire Road and
Wible Road. Ward 6
Final Map and Improvement Agreements with
DeWalt Group, Inc. for Tract 5728, Phase 2,
west of Jewefta Avenue, north of Hageman
Road. Ward 4
Amendment No. 1 to Agreement No. 94-64 with Great
Western Bank concerning deferred compensation.
Agreement with County of Kem for shared cost of
operating the Drop-off Recycling Diversion Program.
Wards 1,2,3,4,7
Design Consultant Contract with Addington and
Associates Architects, $30,000, for Wastewater
Treatment Plant No. 3 Laboratory Expansion. Ward 6
Amendments to Agreements to prepare an
Environmental Impact Report for the Cardiac Hospital
on Sillect Avenue Ward 5;
Amendment No. 2 to Agreement No. 96-345
with Cornerstone Engineering; and appropriate
$19,920 Developer Share to the Development
Services Operating Budget in the General Fund.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSlDERATION
AGR 97-250
A GR 97-251
A GR 97-252
A GR 97.253
AGR 94-64(1)
AGR 97-254
AGR 97-255
ROWLES ANNOUNCED
ABSTENTION DUE TO
CONFLICT
AGR 96-345(2)
2. Amendment No. 2 to Agreement No. 96-346 AGR 96-346(2)
with Robert Vedaan Associates.
Bakersfield, California, September 10, 1997 - Page 5
CONSENT CALENDAR continued
I. Agreements (6) with State of California, Department of
Transportation, for traffic signal interconnect. Wards 4,5,6
Agreement with The Greater Bakersfield Convention
and Visitor's Bureau to lease property at 1325 P Street.
Ward 2
Agreement with DeVille Homes for reimbursement for
sewer oversizing. Ward 4
Joint Agencies Agreement between City of Bakersfield,
County of Kern and Greater Bakersfield Separation of
Grade Distdct for the Calloway Drive Grade Separation
Project.
Agreement with Porter-Robertson Engineering, $48,324,
for design of future parking lots at Blocks 350, 351,370,
371 and portions of Blocks 348 and 349 for the new
Bakersfield Convention Center Arena Expansion
Project. Ward 2
Agreement with Warren A. Minner & Associates,
$79,000, for project oversight during construction of the
new Bakersfield Convention Center Arena Expansion
Project.
Ward 2
Bids:
Chester Avenue Streetscape Improvements, Truxtun
Avenue to 24th Street, Ward 2:
Appropriate $250,000 Environmental
Enhancement and Mitigation (EEM) Grant Funds
to the ISTEA Fund; $110,000 General Fund and
$100,000 Sewer Fund Balance to the Gas Tax
Fund for the Chester Avenue Streetscape
Capital Budget.
Award contract to Elite Landscaping, Inc.,
$373,702, for construction of the irrigation and
landscape portion of the improvements.
ACTION TAKEN
AGR 97-256
AGR 97-257
A GR 97-258
A GR 97-259
AGR 97-260
AGR 97-261
ROWLES ANNOUNCED
ABSTENTION DUE TO
CONFLICT
AGR 97-262
A GR 97-263
REMOVED FOR
SEPARATE
CONSIDERATION
ROWLES ANNOUNCED
ABSTENTION DUE TO
CONFLICT
A GR 97-264
ROWLES ANNOUNCED
ABSTENTION DUE TO
CONFLICT
AGR 97-265
CON 97-266
Bakersfield, California, September 10, 1997 - Page 6
CONSENT CALENDAR continued
Award contract to Granite Construction
Company, $2,153,381, for construction of the
hard-scape portion of the improvements,
information directories and information kiosk.
Award annual contract to Granite Construction, not to
exceed $650,455.16, for street materials to repair City
street surfaces.
Award contract to Utah Pacific Construction,
$2,906,103, for construction of Buena Vista Trunk
Sewer, Phase I; and appropriate $1,670,160 Fund
Balance to the Capital Improvement Budget within the
Sewer Enterprise Fund. Ward 4
Award contract to Patscheck Electric and Construction,
$249,387, for Bank Street Sewer Lift Station
modification; and appropriate $60,390 Fund Balance to
the Capital Improvement Budget within the Sewer
Enterprise Fund. Ward 5
Street Widening Project on White Lane between
Mountain Vista Drive and Saddle Avenue, Ward 4:
Agreement with Soper Homes, Inc. for
reimbursement for improvements constructed by
City of Bakersfield.
2. Award contract to Sturgeon & Son, $151,019.42.
Miscellaneous:
Request from American Baptist Homes of the West for
City to assist in refinancing Rosewood Retirement
Facility. Ward 5 (Staff recommends referral to
Budget and Finance Committee)
Blue Cross $1 Million Premium Surplus Refund
acceptance; appropriation of $200,000 to the General
Fund Non-Departmental Budget; and transfer of
$800,000 to the Convention Center Expansion Fund.
Motion by Rowles to adopt Consent Calendar Items a.
through x. with a change to the recommendation on Item v.
to read, "Staff recommends approval of agreement with
Soper Homes and acceptance of low bid from Sturgeon &
Son; with the exception of Items f. and o.; Rowles
announced abstention on Items k. and m. due to company
being involved in the project, and Items q. and p. due to
company participation in selection.
ACTION TAKEN
CON 97-267
CON 97-268
CON 97-269
CON 97-270
AGR 97-271
CON 97-272
APPROVED
Bakersfield, California, September 10, 1997 - Page 7
CONSENT CALENDAR continued
f. ,C,entennial Celebration Foundation Ward
Resolution authorizing the closing of certain
blocks of 20th Street and parts of G Street for
specified hours on September 20, 1997.
Agreement with Centennial Celebration
Foundation regarding use of City facilities in
exchange for CCF hosting events and
publicizing City's Centennial.
Motion by McDermott to adopt Consent Calendar Item f.
ACTION TAKEN
RES 134-97
AGR 97-249
APPROVED
Joint Agencies Agreement between City of Bakersfield,
County of Kern and Greater Bakersfield Separation of
Grade Distdct for the Calloway Drive Grade Separation
Project.
Motion by McDermott to adopt Consent Calendar Item o.
and urge staff to continue the negotiations regarding the
expansion of the intersection at Rosedale Highway and
Calloway Drive.
AGR 97-273
A PPR 0 VED
Motion by DeMond to move Hearing Item e. forward on the
agenda.
HEARINGS
e. Bakersfield Museum of Art property in Central Park,
Ward 2:
1. Resolution declaring real property surplus to the
needs of the City and authorizing its sale.
2. Sale Agreement with the Bakersfield Art
Foundation.
Headng opened at 8:04 p.m.
No one spoke at hearing.
Hearing closed at 8:05 p.m.
Motion by DeMond to adopt resolution and approve
agreement.
RES 135-97
AGR 97-274
DEED 4774
A PPRO VED
Bakersfield, California, September 10, 1997 - Page 8
HEARINGS continued
General Plan Amendment, Zone Change and
Conditional Use Permit (P97-0056) regarding a mini
warehouse storage project, along the south side of
Columbus Street, between Wenatchee Avenue and
Loyola Street, Ward 3:
Resolution adopting a request by Marino
Associates, representing Darrel's Mini Storage,
to amend the Metropolitan Bakersfield 2010
General Plan'Land Use Element from High
Medium Density Residential to General
Commercial on 7.35 acres.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 103-22
from One Family Dwelling - minimum area 6,000
square feet per dwelling unit, to Planned
Commercial Development on 7.35 acres.
Resolution adopting a Conditional Use Permit to
allow a mini warehouse storage project on the
7.35 acres requested for Planned Commercial
Development Zoning, proposed to contain
113,570 square feet of storage area within 20
single-story buildings; and one 2,370 square
foot 2-story office/residential structure with
attached garage.
Correspondence was received from Jim Madno
Associates, dated September 4, 1997, in support.
Postcards were received from residents - 371 in
support, 5 in opposition.
Copies of Petitions with 299 signatures have been
received in opposition.
Correspondence in opposition was received from Alex
and Mary Anne Buechler and from Gloria J. Fulcher.
DeMond announced abstention due to a source of
income.
Mayor announced a 2-minute recess at 8:09 p.m. and
reconvened the meeting at 8:11 p.m.
ACTION TAKEN
RES 136.97
FR
RES ~37-97
Bakersfield, California, September 10, 1997 - Page 9
HEARINGS continued
Hearing opened at 8:12 p.m.
The following individuals spoke in opposition to staff
recommendation:
John Thompson, owner, Payless Mini-Storage; Mary
Anne Buechler; Dennis Valdez, Gene Tackett.
The following individuals spoke in support of staff
recommendation:
Derrel Ridenour, owner, Derrers Mini Storage, who
showed pictures and computer overhead slides of the
landscaping and fountains; George Akino, who showed
a map and submitted copies of additional petitions with
377 signatures; Roger Mcintosh, Martin-Mcintosh, who
showed computer overhead slides; Floyd Heinsley;
Robert Peromo; Craig Stickler.
The following individuals spoke in rebuttal (opposition):
Gene Tackett, Mary Anne Buechler
The following individuals spoke in rebuttal (support):
Roger Mcintosh, Martin-Mcintosh, who showed
computer overhead slides; J.R. Selice; Charmin
Goehring; Keith Sackewiyz; Jim Marino, Marino
Associates, representing Derrel's Mini Storage.
Hearing closed at 8:50 p.m.
Smith recognized Floyd Heinsley; Dertel Ridenour; and
Roger Mcintosh, Martin-Mcintosh, to respond to Council
questions.
Motion by Smith to deny the project.
Motion by Sullivan to adopt resolutions and give
first reading to ordinance, incorporating the various
changes to the project agreed to by Derrel
Rldenour:
· Guarantee the density/size of trees in the
landscaping around the perimeter of the
property, increasing size of 35 redwood trees
along Columbus to 24" box;
· The applicant will consider planting trees
internally between buildings;
· Secondary access according to Fire Chief
Kelly's recommendations;
ACTION TAKEN
FAILED
NS ROWLES
MCDERMOTT
SULLIVAN
SALVAGGIO
ABS DEMOND
APPROVED
NS CARSON
SMITH
ABS DEMOND
Bakersfield, California, September 10, 1997- Page 10
HEARINGS continued
ACTION TAKEN
Special events signs to be per City code,
except they may not be illuminated;
Applicant to participate in maintenance of the
future median on Columbus from Loyola to
Wenatchee.
Mayor Pdce announced a recess at 10:08 p.m. and reconvened
the meeting at 10:15 p.m.
Motion by McDermott to move Hearing Items c. and d.
forward on the agenda.
APPROVED
NS SALVAGGIO
Resolution adopting a request by City of Bakersfield to
amend the Noise Element of the Metropolitan
Bakersfield 2010 General Plan by adopting standards
for cumulative noise impact analysis (CEQA
Exemption). (GPA P97-0067, City-wide)
Development Services Director Hardisty provided
background information.
Hearing opened at 10:19 p.m.
No one spoke at hearing.
Headng closed at 10:19 p.m.
Motion by McDermott to adopt resolution.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 102-09, 102-16,
101-25 and 101-35 for 1,420 acres located (1) south of
Snow Road to the City Limits north of Hageman Road,
between Fruitvale Avenue and Coffee Road; (2) south
of Rosedale Highway to Brimhall Road, between Allen
Road and Jewetta Avenue; and (3) at the northwest
corner of Allen Road and Stockdale Highway from
County zoning to City Agriculture, Open Space,
Residential Suburban - 5 acres, Residential Suburban -
2.5 acres, Residential Suburban - I acre, Residential
Suburban - I Acre Church, Residential Suburban,
Estate, R-2 Limited Multiple Family Dwelling, R-3
Limited Multiple Family Dwelling, Travel Trailer,
Neighborhood Commercial, and Regional Commercial.
Ward 4 (Prezoning P97-0296)
Hearing opened at 10:20 p.m.
No one spoke at hearing.
RES 138-97
APPROVED
FR
Hearing closed at 10:20 p.m.
Bakersfield, California, September 10, 1997 - Page 11
HEARINGS continued
Environmental Impact Report, General Plan
Amendment, Kem River Plan Element Amendment and
Zone Change (P96-0859) and hearing appeals for the
Bakersfield Heart Hospital and related Medical Office
Building, located on the south side of Sillect Avenue,
east of Pierce Road, north of Riverside Drive, Ward 5:
Resolution declaring City has received,
reviewed, evaluated and considered the
information contained in the Draft and Final EIR,
making findings and certifying that the Final EIR
has been completed and in compliance with
CEQA and City CEQA Implementation
Procedures.
Cornerstone Engineering, Inc., representing Medcath,
Inc., requests:
Resolution adopting the GPA to amend the Land
Use Element of the Metropolitan Bakersfield
2010 General Plan consisting of a change from
Highway Commercial and Service Industrial to
Public Facilities on 10.1 acres.
Resolution adopting the Kern River Plan
Element Amendment to change the land use
code on the same 10.1 acre site from 6.1 - Major
Commercial, and 7.2 - Service Industrial, to 3.3 -
Other Facilities.
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map Nos. 102-23
and 102-24 by changing the zoning from
Regional Commercial and Light Manufacturing
to Planned Commercial Development on 10.1
acres.
Rowles announced abstention due to his employer being
involved with the project.
Smith announced abstention as advised by City Attorney.
One hundred fourteen phone calls were received by the City
Clerk's Office - 50 in support, 64 opposed.
Development Services Director Hardisty provided background
information.
ACTION TAKEN
RES 139-97
RES 140-97
RES 141-97
FR
Bakersfield, California, September 10, 1997- Page 12
HEARINGS continued
Hearing opened at 10:32 p.m.
The following individuals spoke in opposition to staff
recommendation:
Lizanne Reynolds, Adams, Broadwell and Joseph, representing
the Buildings Trades Council of Kern, Inyo and Mono Counties,
and submitted wdtten material; Jori VanBoening, Assistant
Administrator, Bakersfield Memorial Hospital; Matthew Brady,
representing San Joaquin Community Hospital; Phyllis Adams,
Bakersfield Memorial Hospital.
The following individuals spoke in support of staff
recommendation:
Mike Callagy, Cornerstone Engineering, representing
Bakersfield Heart Hospital; James Richards; Dr. Bruce Frazier
also distributed written material; Bill Moore, on behalf of
Bakersfield Heart Hospital; George Martin, on behalf of
Bakersfield Heart Hospital.
Bemie Herman, President, Mercy Health Care Bakersfield,
spoke in rebuttal (opposition).
The following individuals spoke in rebuttal (support):
Mike Callagy, Cornerstone Engineering; George Martin; Carolyn
Belli, Kern Equestrian.
Hearing closed at 11:11 p.m.
Salvaggio recognized Bill Moore to speak who advised the
builder is S.C. Anderson, using 70-80% local labor.
Motion by McDermott to adopt Item 9b. 1., resolution,
certifying the EIR.
Motion by McDermott to adopt Items 962. and 3. and give
first reading to ordinance, to include a row of trees in place
of shrubbery along the border of the parking lot next to the
canal; to delete the hellpad and add an equestrian
easement along the west side of the project site; approving
the Heart Hospital and denying the appeal by Lizanne
Reynolds of Adams, Broadwell and Joseph;
ACTION TAKEN
A PPR 0 VED
ABS ROWLES
SMITH
A PPR 0 VED
ABS ROWLES
SMITH
10. REPORTS
197,'
11.
Bakersfield, California, September 10, 1997 - Page 13
ACTION TAKEN
DEFERRED BUSINESS
Ordinance adding Chapter 3.55 to the Bakersfield
Municipal Code relating to enterprise revenue bonds.
(First reading 8/20/97)
ORD 3787
Motion by McDermott to adopt ordinance.
A PPR 0 VED
12.
NEW BUSINESS
Ordinance amending Section 14.12.385 of the
Bakersfield Municipal Code relating to dedicating a
source of revenue for state revolving fund loans.
Ordinance amending Section 15.41.030 of the
Bakersfield Municipal Code relating to seismic safety
analyzes of unreinforced masonry buildings.
c. Crime Prevention Programs:
Ordinance adding Chapter 9.35 to the
Bakersfield Municipal Code relating to
trespassing on pdvate property.
Ordinance amending Section 3.70.040 of the
Bakersfield Municipal Code to add second
responses to loud parties to the Fee and Service
Charge Revenue/Cost Comparison.
Resolution authorizing adoption of a Crime-Free
Multi-Housing Program.
Motion by McDermott to give first reading to
ordinances and adopt resolution.
FR
FR
FR
FR
RES 142-97
APPROVED
13.
COUNCIL STATEMENTS
Carson inquired about the Blue Cross premium refunds to City
employees and the remaining amount in the fund. Stinson
responded.
Smith referred 3 pieces of correspondence from
constituents who need assistance to Public Works
Department.
Smith expressed concerns with the water quality within the
Olcese Water District.
McDermott requested the issue of speed limits on Haggin
Oaks be brought before Council at the meeting of
September 24, f997.
13.
Bakersfield, California, September 10, 1997- Page 14
COUNCIL STATEMENTS continued
McDermott urged residents to attend the Island Fest Centenniel
Celebration event on September 20, 1997.
Rowles commented on the management of the Blue Cross
refunds.
14. ADJOURNMENT
Motion by Rowles at 11:49 p.m.
ACTION TAKEN
APPROVED
ATTEST:
C~ C'~;R K~ar~dEO~f f'mio~rk of the
of the City of Bakersfield, CA
M ICE of the City of Bakersfield, CA
Council