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HomeMy WebLinkAbout11/10/1993 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 10, 1993 CLOSED SESSION - 5: 30 P.N. 1. ROLL CALL - Council Chambers, City Hall 1501Truxtun Avenue, Bakersfield ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Brunni, Rowles, Salvaggio None Smith, Motion by DeMond to recess to Closed Session at 5:30 p.m. closed Session pursuant to Government Code Section 54956.9(c) regarding potential litigations. CITY A/TORNEY TO JOIN IN A SUIT AGAINST KINDER LOUStf PI~mlNGTH~E IS A FINDING OF ~EQU~E ~ID~; C~Y M~AGER W~ AUTHORIZED TO ~E~- T~S~E FI~D WI~H A ~SSIBLE AG~EMENT BY ~/~/~4. 3 o Closed Session pursuant to Government Code Section 54957 regarding personnel matter. 30 WORKING DAYS ADMINIS- TRATIVE LEAVE OF ABSENCE A~D 30 WORKING DAEg OF SICK LEAVE, BOTH WITH FULL ORIZED ~ CItY LUNARDINI DUE TO TERMINAL ILLNESS; 115 Bakersfield, California, November 10, 1993 - Page 2 CLOSED SESSION continued 3. ACTION TAKEN JUDY SKOUSEN APPOINTED ACTING CITY ATTORNEY WITH FULL ADTHOR~a~ WITH OUT-OF- CLASS SALARY ING FURTHER REVIEW. Motion by McDermott to adjourn Closed Session at 6:58 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, city Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Ed Meissner, Chaplain, First Assembly of God Church. 2. PLEDGE OF .al I ~:GIANCE 3. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Councilmembers McDermott, Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio None Mayor Price announced that Student Body Presidents from area high schools are participating in the 39th consecutive "Teen Government Day" and serving as counterparts to government officials at this evening's meeting. CLOSED SESSION ACTION Mayor Price announced Closed Session action, as reflected on Pages 1 & 2. PRESENTATIONS Mayor Price presented a proclamation to a Ellen Bennett, Chairperson of the Kern County Family Week Committee, proclaiming November 14 - 20, 1993 as "Bakersfield Family Week". Bakersfield, California, November 10, 1993 - Page 3 5. PRESENTATIONS continued ACTION TAKEN Vice-Mayor McDermott announced the presentation of awards from KernCog to city of Bakersfield and presented both awards to Planning Director Hardisty: 1) The Ken Volpe Environ- mental Resources and Conservation Award; and 2) Award of Merit for Transportation in recognition of the City's efforts on the Bike Path facilities. City Manager Tandy introduced the new Water & Sanitation Director, Gene Bogart; and the new Assistant city Manager, Gail Waiters. City Manager Tandy thanked the Community Development Department for assisting in sponsoring the Good Neighbor Festival at Martin Luther King Park. PUBUC STATEMENTS ae George W. Nickel, Jr. spoke regarding the Northeast Sewer Trunkline, Assess- ment District No. 93-1 (Item 12. d.) and submitted written material. Jerry Waters, spoke regarding "Mark and Brian Day" and played a tape of a por- tion of their program. Rowe Hakes spoke regarding obscenity and vulgarity on the airways. Motion by Rowles to move Deferred Business Item 11. b. forward on the Agenda. APPROVED 11. DEFERRED BUSINESS Resolution approving a Conditional Use Permit to allow a Family Entertainment Center located at the northwest corner of California Avenue and Oak Street, known as 1251 Oak Street (Camelot Park). (Ward 5) (Action was deferred from October 27, 1993) RES 171-93 Bakersfield, California, November 10, 1993 - Page 4 11. DEFERRED BUSINESS continued ACTION TAKEN Correspondence was received from: Craig Carver, CalOak Development Properties, on November 8, 1993, submitting copies of school and PTA recommendations for Camelot Park; Camelot Park Family Entertainment Centers, dated November 9, 1993, regarding Exhibit A: - Discretionary Conditions for Conditional Use Permit Permit No. 5512; and Sandra E. McMahon, dated November 9, 1993, in opposition to Camelot Park. City Clerk's Office received 19 phone calls: 8 in support; 11 in opposition. The following individuals spoke in opposition to staff recommendation: Stacy Bowman, Linda O'Neil, Brigid O'Neil, Susan A. McKee, Judith Worley, Richard Armstrong, and Robert Norton. The following individuals spoke in support of staff recommendation: Bob Foppoli, Craig Carver, Roger Mcintosh, Jennifer L. Hughes, William Rameson, and Jerry Johnson. Correspondence was submitted in opposition from: Oleander & Sunset Park Association; Nancy Turnipseed, St. Francis PTO; and Vickie Clowers, William Penn PTA. Mayor Price announced a recess at 8:03 p.m. and reconvened the meeting at 8:15 p.m. Brunni acknowledged Thomas Cisneros, volunteer, and thanked him for his assistance to her. Motion by Rowles to adopt Resolution approving Conditional Use Permit No. 5512, with modifications to conditions: Noise from the facility shall be no higher than 65 decibels directly at the northwest corner of California and Oak; Security or staff persons be provided at the entrance, not the parking lot, APPROVED NS DEMOND Bakersfield, California, November 10, 1993 - Page 5 11. DEFERRED BUSINESS continued ACTION TAKEiN and on the premises of activity at all times during operation; Chief of Police Brummer provide staffing numbers to address times during the peak and off- peak hours; Times of operation during the winter months, September through the end of May, have closure at 10:00 p.m. Sunday through Thursday, and mid- night closure on Friday and Saturday, with summer closures for Friday and Saturday remaining at midnight and Sunday through Thursday closure at 11:00 pm.; and 50% of the games be redeemable. Rowles wishes to encourage land uses and activities that are going to diminish the impact of backed-up traffic areas° (Deferred Business is continued on Page 16) Mayor Price announced a recess at 9:20 p.m. and reconvened the meeting at 9:25 p.m. 7. APPOINTMENTS CONSENTCALENDAR Voucher Nos. 2774 to 3257 inclusive, in the amount of $2,347,826.82 and Self Insurance Voucher Nos. 704 to 859 inclusive, in the amount of $80,269.57. Minutes of the Closed Session and Regular Meeting of October 27, 1993. c. Communication has been received from: Bakersfield Chief Officer Group "C", received October 29, 1993, regarding petition for formal recognition. (Receive and refer to City Manager) REMOVED FOR SEPARATE CONSIDERATION 110 Bakersfield, California, November 10, 1993 - Page 6 8. CONSENT CAkENDAR continued /%CTION TAKEN Co 2. Jack Hardisty, City Planning Director, dated October 29, 1993, to City Manager Alan Tandy, regarding appointment of Habitat Conservation Board. (Receive and refer to Intergovern- mental Relations Committee) Paul J. Castro, Executive Director, Housing Authority of the County of Kern, dated November 1, 1993, requesting City review the Cooper- ative Homeownership Program and provide suggestions for partici- pation. (Receive and refer to Economic/ Community Development Departments) REMOVED FOR SEPARATE CONSIDERATION Charles D. Lindsay, President, Kern Transportation Foundation, dated November 3, 1993, expressing their appreciation for City's continued support, and requesting a contribution of $10,000 for next year's planned activities. (Receive and refer to Budget and Finance Committee) Notice of Completion and acceptance of work for Contract No. 93-53 with Loop Electric for traffic signal installa- tion on 4th Street at P Street, completed October 25, 1993. Tract Maps and Improvement Agreements: Castle & Cooke Homes, Inc. for Tract 5649, located north of Spring Creek Loop, east of Gosford Road. (Ward 4) Kaufman and Broad of Southern California, Inc. for completion of wall along Jewetta Avenue, adjacent to Tract 5729, approximately 500 feet north of Hageman Road. (Ward 4) AGR 93-229 AGR 93-230 AGR 93-231 Bakersfield, California, November 10, 1993 - Page 7 120 8. CONSENTCALENDAR continued ACTION TAKEiN Acquisition of real property from Frank M. and Bradley H. St. Clair for a future water well site, located on Harris Road, west of New Stine Road. (Ward 4) Agreement with County of Kern designat- ing the City as the lead agency for the siting of a regional Materials Recovery Facility (MRF). no Agreement with County of Kern to provide Hearing Officer services for parking citations received in the County. Agreement with County of Kern for Union Avenue Median Landscape Improvements and appropriation of $25,000 (County Revenue) to the Community Development 1993-94 Capital Improvements Budget. (Wards 1 & 2) Consultant's Agreement with Wilson & Associates for reassessment of Assess- ment District No. 86-2, Riverlakes Ranch. (Ward 4) Termination of Bakersfield Landfill Gas Lease Agreement No. 83-19 with Pacific Energy. (Ward 3) Accept low bid from Berchtold Equipment Company ($32,817.43) for replacement tractor with four wheel drive for Parks Department. Appropriate and transfer $72,000 Waste- water Treatment Fund Balance to the Sanitation Department Capital Improve- ments Budget within the Refuse Fund; and authorize the use of $72,000 savings from the Landfill Flare Capital Improve- ments Project for water main extension ($144,000 total project cost). Motion by McDermott to adopt Items (a) through (m) of the Consent Calendar with the exception of Items c.l., c.3., i. and j. and the deletion of Item g. AGR 93-232 DEED 3808 DELETED AGR 93-233 REMOVED FOR SEPARATE CONSIDERATIC~ REMOVED FOR SEPARATE OONSIDERATI~ DEED 3807 APPROVED AB ROWLES Bakersfield, California, November 10, 1993 - Page 8 8. CONSENTCALENDAR continued ACTION TAKEN Communication has been received from Bakersfield Chief Officer Group "C", received October 29, 1993, regarding petition for formal recognition. (Receive and refer to City Manager) Motion by Salvaggio to adopt Item c.1. of the Consent Calendar. APPROVED Communication has been received from Paul J. Castro, Executive Director, Housing Authority of the County of Kern, dated November 1, 1993, requesting City review the Cooperative Homeownership Program and provide suggestions for participation. (Receive and refer to Economic/ Community Development Departments) Motion by Bruani to adopt Item c.3. of the Consent Calendar. APPROVED Agreement with County of Kern for Union Avenue Median Landscape Improvements and appropriation of $25,000 (County Revenue) to the Community Development 1993-94 Capital Improvements Budget. (Wards 1 & 2) Motion by DeMond to adopt Item i. of the Consent Calendar. AGR 93-234 APPROVED Consultant's Agreement with Wilson & Associates for reassessment of Assess- ment District No. 86-2, Riverlakes Ranch. (Ward 4) AGR 93-235 Motion by Brunni to adopt Item j. of APPROVED the Consent Calendar. Bakersfield, California, November 10, 1993 - Page 9 9. HEARINGS ACTION TAKEN General Plan Amendment 3-93, Segment I; Specific Plan Amendment 2-93, Zone Change 5491, and Tentative Parcel Map 10022: DeWalt Corporation, representing Riverlakes Ranoh/Unibell, reguests to amend the Land Use Element of the 2010 General Plan from LR, HMR, HR and MC to LMR on 70.6 acres, located within the boundaries of Riverlakes Ranch/Unibell Specific Plan, north of Rosedale Highway between Meacham Road, Baron Avenue (proposed), Friant-Kern Canal and Main Plaza Drive. (GPA 3-93, Segment I) (Ward 4); Specific Plan Amendment 2-93 from LR, HMR, and MC to LMR on 70.6 acres, located within the bounda- ries of Riverlakes Ranch/Unibell Specific Plan, north of Rosedale Highway between Meacham Road, Baron Avenue, Friant-Kern Canal and Main Plaza Drive. (Ward 4); Resolution denying amendment to Title 17 of the Bakersfield Munici- pal Code by changing the Land Use Zoning of certain property in the City of Bakersfield, located within the boundaries of the Riverlakes Ranch/Unibell Specific Plan, north of Rosedale Highway between Meacham Road, Baron Avenue (proposed), Friant-Kern Canal and Main Plaza Drive. (Zone Change No. 5491) (Ward 4) (Council approved the zone change and will be on the December 1 Agenda as an Ordinace for First Reading); Appeal by Steve DeBrarich, DeWalt Corporation, for Tentative Parcel Map 10022. (Ward 4) RES 172-93 RES 173-93 RES 175-93 Bakersfield, California, November 10, 1993 - Page 10 9. HEARINGS continued ACTION TAKEN Correspondence has been received in support of amendments from: Chris Hayden, Probuilt Homes, dated November 8, 1993; Kyle Carter, Kyle Carter Homes, Inc., dated November 9, 1993; Dene Hurlbuert, Director of Operations, Coleman Homes, dated November 5, 1993; and Hugh J. Pearson, Pearson Homes, dated November 9, 1993. Mayor Price announced the withdrawal of Hearings Item 9.d. Hearing opened. The following individuals spoke in opposition to staff recommendation: Stephan DeBranch, DeWalt Corporation; George Slater, Riverlakes Ranch; Chris Hayden, Probuilt Homes; and Hugh Pearson, Pearson Homes. Hearing closed. Motion by Brunni to: Adopt Resolution for the General Plan Amendment making findings as set forth in the Staff Report approving the Negative Declaration and approving the requested LMR (Low Medium Density Residential) Land Use Designation, subject to conditions listed in Exhibit "A"; Adopt Resolution for the Specific Plan Amendment making findings as set forth in the Staff Report approving the Negative Declaration and approving the requested Low Medium Density Residential Land Use Designation, make changes to the Riverlakes Ranch/Unibell Specific Plan text, showing the number of Low Medium DensityResidences to be (adjusted), Low Density Residences to be (all these numbers need to be adjusted) with a cap of 380 for this project, subject to conditions listed in Exhibit "A"; APPROVED NS EDWARDS DEMOND Bakersfield, California, November 10, 1993 - Page 11 9. H~ING$ continued ACTION TAKEiN Adopt Resolution for the Zone Change Request, making findings as set forth in the Staff Report approving the Negative Declaration, approving the requested R-2 (Limited Multiple Family Dwelling) and C-2 zoning district, subject to conditions shown on Exhibit "A", with a density cap of 380 units; Adopt Resolution approving the Tenta- tive Parcel Map No. 10022, with conditions. Brad Wheelan requests to amend the Land Use Element of the 2010 General Plan from SR to LR on 36.3 acres, located at the northeast corner of McKee Road and Stine Road. (GPA 3-93, Segment III) (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-35 by changing the zoning from County A to R-1 on 36 acres, from County A to city E on 20 acres and from County E-1 to City E on 1.9 acres, located at the northeast corner of McKee Road and Brine Road. (Prezoning No. 5497) (Ward 4) Brunni absent due to conflict of interest. No one spoke at hearing. Hearing closed. Motion by McDermott to adopt Resolution and give First Reading of Ordinance. RES 176-93 FR APPROVED AB BRUNNI Telstar Engineering representing Carriage Homes, requests to amend the Land Use Element of the 2010 General Plan from SR, with a condition the minimum lot sizes be 18,000 square feet, to SR on 7 acres located north of Brim- hall Road, east of Jewetta Avenue. (GPA 3-93, Segment IV) (Ward 4) RES 177-93 Bakersfield, California, November 10, 1993 - Page 12 9. HEARINGS continued ACTION TAKEN Resolution denying the amendment to Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 changing the zoning of 7 acres located north of Brimhall Road, east of Jewetta Avenue, from R-1-18,000 to E. (Prezoning No. 5499} (Ward 4) McDermott absent due to conflict of interest. Hearing opened. The following individuals spoke in opposition to staff recommendation: Carl Moreland, Telstar Engineering; and Wayne Vaughn, land developer. The following individuals spoke in support of staff recommendation: Mike Haffermann; and Sharon Brown; Michelle Gilly; Ken Rawlings; Gordon Porter; and Nancy Haffermann. The following rebuttal: Carl Moreland; Brown. individuals spoke in Wayne Vaughn; and Jim Hearing closed. Motion by Brunni to adopt Resolutions upholding the decision of the Planning Commission denying the General Plan Amendment and zoning. RES 178-93 APPROVED AB MCDERMOTT de Williams Development, Inc., represent- ing Kern College Land, requests to amend the Land Use Element of the 2010 General Plan from LMR to LR on 18.76 acres, located along the south side of White Lane between S&ddle Drive and Mountain Vista Drive. (GPA 3-93, Segment V) (Ward 4) Bakersfield, California, November 10, 1993 - Page 13 9. HEARINGS continued ACTION TAKEiN Ordinance amending Title 17 of the Bakersfield Municipal code and Zoning Map No. 123-18 by changing the zoning from A to R-1 on 18.76 acres, located along the south side of White Lane between Saddle Drive and Mountain Vista Drive. (Zone Change No. 5493) (Ward 4) Correspondence has been received from Williams Development, dated September 29, 1993, requesting to withdraw GPA 3-93, Segment V and Zone Change 5493. No one spoke at hearing. Hearing closed. Motion by Brunni to approve withdrawal request. APPROVED Sequoia Engineering, Inc. representing Cambridge Properties requests to amend the Land Use Element of the 2010 General Plan from GC to LR on 5.14 acres, located at the northeast corner of Ashe and Harris Roads. (GPA 3-93, Segment VII) (Ward 6) Ordinance amending Title 17 of the Bakersfield Municipal code and Zoning Map No. 123-22 by changing the zoning from C-1 to R-1 on 5.14 acres located at the northeast corner of Ashe and Harris Roads. (Zone Change No. 5498) (Ward 6) Planning Director Hardisty presented background information. Hearing opened. Don Judkins, developer/applicant, spoke in favor of staff recommendation. Hearing closed. RES 179-93 FR Motion by McDermott to adopt Resolution APPROVED and give First Reading of Ordinance. Bakersfield, California, November 10, 1993 - Page 14 9. HEARINGS continued ACTION TAKEN Hearing for review and discussion of the Disposition and Development Agree- ment with John Q. Hammons for the Bakersfield Convention Center Hotel Project. City Manager Tandy presented an update on this project. Hearing opened. The following individuals spoke in opposition to the project: Marvin Dean; David Gay; James Nodine, representing Gus Enterprises, Sheraton owner/operators; and Bob Hodel, Hodel's Restaurant. Kathy Palla, representing the Downtown Business and Property Owners Association, spoke in support of the project. McDermott requested staff respond to Mr. Nodine's concern regarding the Conven- tion Center's impartial promotion of things for this community; and Mr. Hodel's concern regarding catering services. Salvaggio requested staff respond to specific questions regarding financing of this project: 1) What precisely is the financing for this project?; 2) What happens if the project exceeds the budgeted amount?; 3) What assurances does the City have that budgeted estimates are not unduly low?; 4) What projections does the City have if the project exceeds budget?; and concerns regarding labor issues. Bakersfield, California, November 10, 1993 - Page 15 9. HEARINGS continued ACTION TAKEN Brunni requested answers to her ques- tions from October 27, 1993 and responses to the following concerns: 1) What is Government Code Section 64864? 2) The Deed excluding Juanita H~mmons 3) Are there any changes in redevelopment law that might effect the transfer of the property after 1/1/94 and are we going to be able to accomplish all of A. through F. under Section 402 prior to that date?; 4) What staff person drew the plans and specifications? 5) Was the initial environment assessment done, was it clean and what was the cost? (Ref Sec- tion 503, Phase I); 6) Respond to the meaning of the statement on Attachment No. 4; 7) Explain the blank for an amount in Exhibit 9 (permits & fees); 8) Explanation of costs in Exhibit 9 and what are preopening costs? 9) Is the Project Management Fee not being waived? Motion by McDermott to call a Special Meeting of the City Council, to be held November 22, 1993 at 5:15 p.m., for the purpose of a continued public hearing. APPROVED 10. REPORTS Urban Development Committee Report No. 3-93 regarding Establishment of a Pilot Public Works Program to Install and Study Speed Bumps at Selected Locations in the city. Motion by Rowles to accept Report with amendment to change the 1-year test period to a 6-month test period; and implement recommendations. APPROVED Legislative and Litigation committee Report No. 4-93 regarding Public Review and Comment for Proposed Ordinances on Loitering for Drug-Related and Prosti- tution Activities. Motion by Smith to accept Report. APPROVED Bakersfield, California, November 10, 1993 - Page 16 11. DEFERRED BUSINESS Ordinance amending Section 10.32.140 of the Bakersfield Municipal Code relating to parking of commercial vehicles in residential districts. (First Reading october 27, 1993) Motion by McDermott to adopt Ordinance. ORD 3568 APPROVED Section 125 Plan Document. Motion by DeMond to approve the Plan Document. AGR PER93-4 A~PROVED NS MCDERMOTT BRUNNI 12. NEWBUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning of 7.56 acres located at the northeast corner of Bernard Street and New Market Way from R-1 to PCD for development of an 18,000 square foot fitness center. (Ward 3) Ordinance adding Subsection D. to Section 14.20.030 of the Bakersfield Municipal code relating to sewer connection fees. Resolution fixing the dates of Regular Meetings, Budget Meetings and Budget Hearings of the Council for the months of January through December 1994. Motion by Brunni to adopt Resolution. FR FR RES 180-93 APPROVED Resolution certifying Final Environ- mental Impact Report for the Northeast Sewer Trunkline and related Sections 15091 and 15093 enviroumental findings and approval of Plans and Specifications for Assessment District No. 93-1. Smith absent due to conflict of interest. RES 181-93 Bakersfield, California, November 10, 1993 - Page 17 12. NEW BUSINESS continued ACTION TAKEN do Motion by Brunni to adopt Resolution adopting Final EIR with statement of overriding considerations and deleting Conditio~ Nos. 21, 22 & 23 of mitigation measures. APPROVED ABSMITH Agreement with Granite Construction Company to site and operate an inert recycling facility adjacent to the city Green Waste Facility at Wastewater Treatment Plant No. 2 located on South Mt. Vernon Avenue. Motion by DeMond to approve Agreement. AGR 93-236 APPROVED City of Bakersfield 1993-94 Legislative Platform. Motion by Smith to approve Legislative Platform. APPROVED 13 . COUNCIL STATEMENTS DeMond asked Rowles to attend the Solid Waste Management meeting as Alternate. Brunni referred to Budget & Finance Committee a memo regarding the Sexual Assault Response Team and Nurse Examiners and cost efficiency; and requested Committee consider inviting a group that works with the citizens to attend the Committee meeting. Brunni referred a memo regarding the curb- side Green Waste Pilot Program; and asked this program be rescinded until Council adopts a City-Wide Policy for all areas. Motion by Brunni to place the issue of the curb-side Green Waste Pilot Program on the December 1, 1993 Agenda. APPROVED Bakersfield, California, November 10, 1993 - Page 18 13. COUNCIL STATEMENTS continued ACTION TAKEN Smith referred to Police Chief Brummer parking problems in the Panorama Park area (ie. enforcement of the 10:00 p.m. parking, parking at the west end, crime problems and such as purse snatching and driving on the trail). 14. ADJOURNMENT Motion by McDermott at 12:10 a.m. APPROVED CA ATTEST: CITY CLERK and Ex Officio C er of the Council of the City of Bakersfield, CA NOV10.MIN ~2/ 2/93 8:21aw