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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