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HomeMy WebLinkAbout05/18/1994 MINUTES CCBAKERSFIEI n CITY COUNCIL MINUTES MEETING OF MAY 18, 1994 WORKSHOP- 5:15 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CAU_ ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott (seated at 5:25), Edwards, DeMond, Smith, Brunni (seated at 5:22), Rowles (seated at 5:30), Salvaggio None 2. CITY MANAGER BUDGET OVERVIEW. City Manager Tandy distributed City of Bakersfield Proposed Fiscal Year 1994-95 Budget Overview material and provided a summary of issues. McDermott suggested City staff consider adding police officers to the community. Brunni's questions to be answered at a later date: 1) A breakdown of the payment of in-lieu taxes where it was applied giving the 1994 figures for fiscal year and the proposed budget dollar items (item by item). 2) Is there a potential for moving the temporary building from Fire Station 13 to the new site on Buena Vista Road; and, if so, place a sign there so the public knows it is a future fire sta- tion site. 3) Is there are any specific large Capital Improvement Progr;m; that caused the increase of almost 5 million dollars. 4) Requested Police Chief Brummer provide her with the schedule of patrol break- down, zone by zone. Bakersfield, California, May 18, 1994 - Page 2 WORKSHOP continued ACTION TAKEN 5) 6) 7) a) Is the employees per capita included in the recently revised increase in City population; and how does that compare to other cities of like size or similar service categories. How did the reduction in the Public Works Department equipment rental rates come about. Who are we coordinating with on the input of those layers regarding the GIS System for Development Services. Northwest Trails. Motion by DeMond to add a Closed Session item that arose after the agenda was posted and requires action tonight. APPROVED Motion byDemond to recess to Closed Session at 6:00 p.m. APPROVED CLOSED SESSION Closed Session pursuant to Government Code Section 54956.9(a) regarding litigation in the oase of city of Bakersfield rs. County of Kern, Kern superior Court Case No. 224714 NFT. Motion by DeMond to adjourn from Closed Session at 6:40 p.m. CITY ATTORN~q.~ GIVEN FURTHER INSTRUCTIONS; NAT APPROVED REGULAR MEETING- 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCA~ON by Randy Rankin, Director, First Assembly of God Church. 2. P, FnGE OF .a,, ;GLANCE 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott (seated at 9:10), Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio None Bakersfield, California, May 18, 1994 - Page 3 4 · CLOSED SESSION ACTION i~CTION T~%KEN Mayor Price announced Closed Session action as reflected on Page 1. 5. PRESENTATIONS PUBUC STATEMENTS Notion by Rowles to move Hearings Items a. through e. forward. FAILED (TIE,) NS EDWARDS DENOND SALVAGGIO AB NCDERMO'I~' Mayor Price announced he would not vote to break the tie. Georgia Johnson shared her personal experience with valley fever. Harry Ouret spoke regarding the Big Brother/National Guard Kern River clean up last weekend. 7. APPOINTMENTS CONSENT CAI;NDAR Voucher Nos. 8835 to 9243 inclusive, in the amount of $1,246,355.44 and Self Insurance Voucher Nos. 2215 to 2357 inclusive, in the amount of $98,137.51. Minutes of the Workshop, Closed Session and Regular Meeting of May 4, 1994. Bakersfield, California, May 18, 1994 - Page 4 8. CON$~3~TC~I~NDA~ continued ACTION TAKEN' Communication has been received from: William F. Tinsley, Chairman, Kern City Civic Association, dated April 14, 1994, requesting review of Chapter 17.51 (Section 17.51.040, Restrictions) of the city of Bakersfield Municipal Code. (Receive and refer to City Attorney) Gregg Polubinsky, Landscape Architect, Martin-Mcintosh, representing Castle & Cooke Homes, dated May 5, 1994, requesting consideration and approval for proposed revisions to the silver Creek monuments. (Receive and refer to Planning Commission) REMOVED FOR SEPARATE OONSIDERATION Notices of Completion and acceptance of work: Contract No. 93-259 with DeWalt Corporation for Tract No. 5416, Phase 5, located on the north side of Noriega Road and east of Jewetta Avenue, completed April 21, 1994. Contract No. 93-229 with Castle & Cooke Homes, Inc., for Tract No. 5649 located east of Spring Creek Loop, north of Harris Road, com- pleted January 27, 1994. Plans and Specifications for: Resurfacing various streets in Bakersfield, Phase II. (Wards 2, 5, 6 & 7) Construction of Bike Path exten- sion at Manor Street to City Limit. (Ward 2) REMOVED FOR SEPARATE CONSIDERATION' Bakersfield, California, May 18, 1994 - Page 5 8. CONSENT CAI;NDAR continued ACTION TAKEN eo 3. Construction of Apron and Taxiway at the Bakersfield Municipal Air- port. (Ward 1) Panama No. 10 curb, gutter and sump construction. (Ward 7) Brandon Park lift Station rehabil- itation. (Ward 7) Ordinance amending Title 17 of the Bakersfield Municipal Code relating to second dwelling units. (Staff recommends referral to Urban Development Committee) REMOVED FOR SEPARATE CONSIDERATI6~ Resolution stating that the City of Bakersfield will accept State funding for a compost/mulch demonstration pro- ject if the project is approved by the California Integrated Waste Management Board. Tract Map and Improvement Agreement with Kaufman and Broad of Southern California, Inc., for Tract No. 5702, located west of Stine Road between Harris Road and Panama Lane. (Ward 6) Sponsor Agreement with California Con- servation Corps (CCC) to perform labor involved with installation of landscap- ing and irrigation improvements at State Route 99 and Rosedale Highway interchange; and appropriate $40,000 Gas Tax Fund Balance to the Public Works Capital Improvement Budget within the Gas Tax Fund. (Ward 5) Amendment No. 4 to Agreement No. 90-165 with Brown, Waits and Armstrong Accountancy Corporation for auditing services. (Brown, Armstrong, Randall & Reyes) Accept bid to award Contract to Griffith Company ($70,785) for con- struction of Brimhall Road widening from Coffee Road to 650 feet west. (Ward 4) REMOVED FOR SEPARATE CONSIDERATIC~ AGR 94-73 AGR 94-74 AGR 94-75 CON 94-76 Bakersfield, California, May 18, 1994 - Page 6 8. CONSENT CAI;NDAR continued ACTION TAKEN' Reject all bids for the reconstruction of Ralston Street at Lakeview Avenue. (Ward 1) Solid Waste Non-Disposal Facility Element (NDFE). Hotion by DeHond to adopt Items (a) through (m) of the Consent Calendar, with the excep- tion of Items c.2., e.l., e.5., I. and g.; and the correction to the May 4 minutes to reflect McDermott seated at 5:40 p.m. REMOVED FOR SEPARATE CONSIDERATIOI~ APPROVED AB MCDERMOTT Mayor Price announced that McDermott is absent due to Houchin Blood Bank honoring him into the 10 Gallon Club. Co 2. Communication has been received from Gregg Polubinsky, Landscape Architect, Martin-Mcintosh, representing Castle & Cooke Homes, dated May 5, 1994, requesting consideration and approval for proposed revisions to the Silver Creek monuments. (Receive and refer to Planning Commission) Brunni announced correspondence was received from Castle & Cooke Homes, Inc. and requested Council simply vote on this issue. Motion by Brunni to direct staff to set a hearing date on this issue. APPROVED NS EDWARDS DEMOND ABMCDERMOTT ee Plans and Specifications for resur- facing various streets in Bakers- field, Phase II. (Wards 1, 2, 5, 6 & 7) Edwards requested Public Works provide Council with the list of streets to be resurfaced. Bakersfield, California, May 18, 1994 - Page 7 8. CONS~3~T CAI FNDA~ continued ACTION TAKEN Motion by Edwards to adopt Item e.1 of the Consent Calendar. APPROVED AB MCDERMO~ Plans and Specifications for Brandon Park lift Station rehabilitation. (Ward 7) Motion by Rowles to adopt Item e.5. of the Consent Calendar. APPROVED ABMCDERMO~U Rowles requested staff identify streets and funding sources on future Adminis- trative Reports. Resolution stating that the City of Bakersfield will accept State funding for a compost/mulch demonstration pro- ject if the project is approved by the California Integrated Waste Management Board. Motion byDeMond to approve Item g. of the Consent Calendar. RES 66-94 APPROVED AB MCDERMOtt? Reject all bids for the reconstruction of Ralston Street at Lakeview Avenue. (Ward 1) Edwards requested staff provide him with the cost of the Gorrill Street cul-de-sac compared to the cost of Ralston Street. Motion by Edwards to approve Item 1. of of the Consent Calendar. APPROVED AB MCDERMOTT Motion by Brunni to move Hearing Item d. forward on the Agenda. APPROVED NS EUWARDS DEMOND ABMCDERMO~' $ Bakersfield, California, May 18, 1994 - Page 8 9. HEARINGS ACTION TAKE~~ Martin-Mcintosh for Castle & Cooke Development Corporation has requested to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from General Commerolal to Low Density Residential on 14 acres at the south- east corner of Brimhall Road and Callo- way Drive. (GPA 1-94, Segment IV) (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zon- ing Map No. 102-32 by changing the zoning from Neighborhood Commercial and Regional Commercial to One Fam- ily Dwe11ing on 14.1 net acres, located at the southeast corner of Brimhall and Calloway Drive. (GPA 1-94, Segment IV, ZC $543) (Ward 4) Planning Director Hardisty provided background information. Hearing opened. Brad Henderson, resident, spoke in support of staff recommendation. Hearing closed. Motion by Brunni to adopt Resolution amending the Land Use Element and give First Reading to Ordinance. RES 67-94 FR APPROVED AB MCDERMOTT Cuesta Engineering has requested to amend the Metropolitan Bakersfleld 2010 General Plan Land Use Element designation from Low Medium Density Residential to High Medium Density Residential on 18.76 acres located along the south side of R~ite Lane between Baddle Drive and Mountain vista Drive. (GPA 1-94, Begment I) (Ward 4) Planning Director Hardisty provided background information. Hearil:g opened. RES 68-94 Bakersfield, California, May 18, 1994 - Page 9 9. HEARINGS continued ACTION TAKEiN Maurice Etchechury, Cuesta Engineering, representing Bright Development, spoke in opposition to staff recommendation. The following individuals spoke in support of staff recommendation: Jerry Marquis, resident, realtor & Kern County Apartment Association member; Robert Vincent, resident; Roy Wesson, resident; Cindy Scully, resident. Maurice Etchechury, Cuesta Engineering, representing Bright Development, spoke in rebuttal (opposition). Cal Abriella, resident, spoke in rebuttal (support). Hearing closed. Motion byBrunni to adopt Resolution disapproving the General Plan Amendment. APPROVED AB MCDERMO'157 Mayor Price announced a 5-minutes recess at 8:30 p.m. and reconvened the meeting at 8:35 p.m. Bear Mountain Limited has reguested to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element designa- tion from Low Density Residentlal to Resource Mineral Petroleum on 16.8 acres located in northeast Bakersfield approximately one mile southeast of Alfred Hartell Highway and one and one- half miles north of the intersection of State Highway 178 and Fairfax Road. (GPA 1-94, Segment II) (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-12 by changing the zoning from Residential subur- ban to Agriculture on 13.59 acres located in northeast Bakersfield approximately one mile southeast of Alfred Hartell Highway and one and one-half miles north of the intersection of State Highway 178 and Fairfax Road. (GPA 1-94, Segment II, ZC 5542) (Ward 3) RES 69-94 FR Bakersfield, California, May 18, 1994 - Page 10 9. HF_I~ING$ continued ACTION TAKEN Correspondence has been received in opposition to the cogeneration plant from: Meg Harris, dated April 4, 1994; Brian Wilkins, received May 2, 1994; Robert D. & Anita M. Sibley, dated May 9, 1994; Marie A. Neel, dated May 10, 1994; Renee Donato Nelson, writer/producer, dated May 11, 1994; Doris Pennington, Director, Wonder Window Preschool & Kindergarten, dated May 13, 1994; Hansa M. Patel, M.D., received May 17, 1994; Jos~ M. Herrera, dated May 16, 1994; Rodrigo Vazquez, dated May 16, 1994; Mary M. Brown, dated May 17, 1994; Reed Adamson, President, Adamson Electric, Inc., dated May 17, 1994. Petitions with approximately 975 original signatures and petitions with approximately 335 copied signa- tures have been received May 6, 1994, in opposition to the cogeneration plant. Bound material has been received from Rebecca Burks, Meg Harris, Shirley James, Linda Myers, Michael Robison, Carrie Van Waggoner, et al., received May 10, 1994, in opposition to the cogeneration plant. WZI, Inc., prepared for Bear Mountain Limited, has submitted bound material entitled Response to ODDosition to the Proposed Bear Mountain Limited Coqener- ation Plant. Correspondence has been received from Shirley Jo James, R.N., dated May 17, 1994, stating her concerns. Phone calls have been received by the Clerk's and Mayor's Offices: Approximately 450 in support and approx- imately 68 in opposition. City Clerk Williams announced that additional correspondence has been received tonight and will be incorpor- ated into the record. Bakersfield, California, May 18, 1994 - Page 11 9. HEARINGS continued ACTION T~KEN Planning Director Hardisty provided background information. Hearing opened. The following individuals spoke in opposition to staff recommendation: Jon Waters, resident; Michael Robison; Forest Stine; Sharon Hall Hoffman/ Carrie Van Wagoner, resident and teacher at Thorner School. Motion by Smith to extend speaker time another 15 minutes per side. APPROVED ABMCDERMO~ The following individuals spoke in opposition to staff recommendation: Theresa Goldner, Attorney, deferred her comments to the rebuttal; Bonita Rowden, resident; Alan Klein, resident; Linda Myers, submitted 48 additional signatures; Brittney Antu, student, Thorner School; Clay Maynard; resident; Sharon Hall, resident. Acting City Attorney Skousen advised McDermott not to vote on this issue due to his absence during a portion of public comment. The following individuals spoke in support to staff recommendation: Jess Frederick, Manager of Environ- mental Affairs, Destec Energy; John Michaelson, Business Manager, Finan- cial Secretary, Tri-County Plumbers and Steamfitters; Michael Lackey; Mike Curry, Business Manager, Secretary- Treasurer, Laborers' International Local 220; Doug Zimmerman; Bill McClure, resident; Charlie Barefield, resident; Mario Hernandez, Volunteer Workers Local 220. Theresa A. Goldner, Attorney, repre- senting the Johnson Family Trust, spoke in rebuttal (opposition) and submitted written material. Bakersfield, california, May 18, 1994 - Page 12 9. HEARINGS continued ACTION TAKEN Motion by Salvaggio to extend Ms. Golder'$ statement 6 minutes. APPROVED NS EUWARDS ABS MCDERMO'iS? ROWLES The following individuals spoke in rebuttal (support): Jess Frederick, Destec Energy; Charlie Barefield; Monte Parker, resident. Hearing closed. The following individuals responded to questions by Smith: A.B. Shaw, representing California Water Service Company; Acting Fire Chief Kelly (water quantity, emergency vehicle access); Planning Director Hardisty (steam lines, air quality, traffic signals, site road improve- ments, planned residential areas); Fire Department Hazardous Materials Coordinator Ralph Huey, (hazardous materials access, chemical odors); Jesse Frederick, Destec (wastewater); Walt Weir, P.G.& E., (location of electrical lines) Bakersfield, California, May 18, 1994 - Page 13 9. HF_.ARINGS continued ACTION TAKEN Mayor Price announced at 11:00 p.m., pur- suant to Municipal Code Section 2.04.110 d. 8., two hearings will not be heard tonight, Items 9. c. and e., and will be continued to the meeting of June 1, 1994: Ce Fred Porter, Porter-Robertson Engineer- ing has requested to amends The Metropolitan Bakersfield 2010 General Plan Land Use Element to Open Space on 104.92 acres, Open Space-Parks & Recreation Faoillties on 7.62 acres, Estate Residentlal on 535.39 acres, Suburban Residen- tial on 903.92 acres, Low Density Residential on 219.99 acres and General Commercial on 19.31 acres located in Sections 10 (north of Highway 178, west of Alfred Hartell Highway), 11 (north and south of Highway 178, east of Miramonte Drive), 16 (north and south of Highway 178, west of Alfred Hartell Highway), 20 (south of Highway 178 surrounding Mesa Marin Raceway), 21 and 29. (GPA 1-94, Segment III) (Ward 3) The Kern River Plan Element to 3.1 (Public or Private Recreation Areas) on 24.07 acres and 5.4 (Residentlal, 4 units/acre) on 106.31 acres, located north of State Highway 178, east of Alfred Hartell Highway. (Kern River Plan Element 1-94) (Ward 3) a) ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-20 by changing the zoning from Residential Suburban 2.5 acres to Open Space on 41.07 acres, Single Family Dwelling on 297.35 acres and Limited Commercial on 19.31 acres in Section 20, located south of Highway 178 surrounding Mesa Marin Raceway. (ZC 5546) (Ward 3) Bakersfield, California, May 18, 1994 - Page 14 9. HEARINGS continued ACTION TAKEN c. 2. b) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 104-11 by changing the zoning of 411 acres from Agriculture to Estate on 345.07 acres and Open Space on 30.49 acres and 35.08 acres with a small por- tion being Open Space Flood- plain Secondary while retain- ing the existing Agriculture Floodplain Secondary on those portions the applicant had originally requested Residen- tial Floodplain Secondary Zoning along the Kern River, located north of Highway 178, east and west of Rancherie Road and south of the Kern River. (ZC 5452) (Ward 3) The Breckenridge Hills Specific Plan to 5.4 (Residential, 4 units/ acre) on 473 acres and 5.5 (Resid- ential, I unit/acre) on 535.39 acres, located in the unincorpor- ated County area in Sections 21 and 29. (Breckenridge Hills Specific Plan Amendment 1-94) (Ward 3) Agreement with Qued Engineering Inc. for change and modification services to Assessment District NO. 93-1, Northeast Sewer Project. (Ward 3) City of Bakersfield has requested to amend the Metropolitan Bakersfield 2010 General Plan adding implementation measure to Chapter X (Public Services and Facilities Element/Solid Waste) which establishes the siting of recycling facilities in the metro area. (GPA 1-94, Segment VI) Bakersfield, California, May 18, 1994 - Page 15 9. HE/~INGS continued ACTION TAKEN The following individuals responded to questions by Smith: Planning Director Hardisty (noise issue, lighting system); Jess Frederick, Des- tec, (servicing of oil wells by the cogeneration plant); Mary Jane Wilson, WZI, Inc., (production of oil by oil wells to be serviced). Smith mentioned and quoted from corres- pondence received by Planning Department March 7, 1994 from California Energy Commission; and correspondence from the California Environmental Protection Agency/California Integrated Waste Management Board, dated March 7, 1994. Jess Frederick, Destec, responded to a question from Smith regarding mega- watt fluctuation. Motion by Smith to deny the General Plan Amendment request. FAILED NS EDWARDS DEMOND ROWLES SALVAGGIO ABS MCDERMOC~ Carrie Van Wagoner, submitted a prepared statement requested by Brunni. Mary Jane Wilson, WZI, Inc., presented an overhead, requested by Brunni, to answer Teri Goldner's question "Why had this site been selected within Section 127" Acting city Attorney Skousen responded to a question by Smith regarding meth- ane gas. Brunni addressed the valley fever issue and protective masks and stated she had received correspondence from Kern County Contractor's Association regarding the valley fever issue. Bakersfield, California, May 18, 1994- Page 16 9. HEARINGS continued ACTION TAKEN Motion by Smith to ask for an Environ- mental Impact Report. Rowles requested staff to consider and make provisions for these issues at the time the CUP comes before the BZA: 1) A ring down line to the school in case of an emergency; 2) No industrial activity or develop- ment on that area that is currently zoned Agriculture; and 3) Funds for development of a park near Thornet School be placed in an escrow account. FAILED NS EDWARDS DEMOND ROWLES SALVAGGIO ABS MCDERMOI~? Motion by Edwards to adopt Resolution and give First Reading to Ordinance, incorporating modifications/additions to conditions of approval, which are a result of the hearings from Planning Commfssion and City Council and from public meetings. APPROVED NS SMITH BRoNNI ABS MCDERMOTT In a response to Smith, Jess Frederick, Destec, stated that $500,000 would be designated for the residential park; Destec would adopt the school and pro- vide support as requested by the School Board and principal. Smith requested the following be con- sidered by Destec: 1) Extension of water service to an area to the east that does not have water service right now; 2) Mitigate some of the potential traffic problems; 3) sponsoring soccer fields. Rowles requested Destec consider a phone line to the school (ring down line) in case of an emergency. Jess Frederick explained the disposition of the plant after the contract to P.G.& E. runs out. Bakersfield, California, May 18, 1994 - Page 17 10. REPOFn'5 ACTION TAKEiN 11. DEFERRED BUSINESS Resolution setting forth a Council Policy that all motions need a second; o__r that no motion needs a second. Resolution establishing Council Policy to authorize member(s) of the Council to abstain from voting on matter(s) pending before the City Council. Ordinance amending Section 2.04.030 of the Bakersfield Municipal Code relating to Parliamentary Law. (First Reading May 4, 1994) Motion by McDermott to refer Items a., b. and c. of Deferred Business to the Legislative and Litigation Committee. APPROVED AB SMITH BRUNNI SALVAGGIO Amendment No. 3 to Fiscal Year 1992-93 and Amendment No. 5 to Fiscal Year 1991-92 community Development Block Grant (CDBG} Applications and authori- zation for submission to the U.S. Department of Housing and Urban Development (HUD). Fiscal Year 1994-95 Community Develop- ment Block Grant (CDBG) Application and submission to the U.S. Department of Housing and Urban Development (HUD). Motion by McDermott to approve Items d. and e. of Deferred Business, auth- orize City Manager to execute all necessary documents, subject to City Attorney review and submit to HUD. AGR 94-77 AGR 94-78 AGR 94-79 APPROVED 12. NEW BUSINESS Resolution calling and giving notice of holding a General Municipal Election for Ward Nos. 1, 3, 4 and 7 and requesting the Kern County Board of Supervisors order consolidation of the election with the State of California General Election to be held Tuesday, November 8, 1994. RES 70-94 Motion by McDermott to adopt Resolution. APPROVED Bakersfield, California, May 18, 1994 - Page 18 12. NEWBUSINESS continued ACTION TAKEN be Resolutlon authorizing participation in e Home Mortgage Finance Program in cooperation with the Housing Authority of the County of Kern (HACK). Supplemental Cooperation Agreement with the Housing Authority of the County of Kern (HACK). Motion by McDermott to adopt Resolution and approve Agreement. RES 71-94 AGR 94-80 APPROVED Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 377, LAFCO Proceed- ing No. 1158, Rosedale No. 5 Annexation. (Ward 4) DELETED 13. COUNCIL STATEMENTS a. Valley Fever Issue. (Brunni) Motion by Brunni to refer to Inter- governmental Relations Committee and the issue be studied by medical pro- fessionals, scientists and any and all industries potentially impacted including a cost benefit analysis for any measures proposed. APPROVED 14. ADJOURNMENT Motion by McDermott at 1:06 a.m. ~ APPROVED ./ I, MAYO'~/O~ the' City of Bakersfield, CA ATTEST: ¢ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA )~%Y18.M[N 7/ 7194 4:14pw