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HomeMy WebLinkAbout04/22/1992 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 22t 1992 WORKSHOP 5:15 P.M. Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL COUNCIL ACTION Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni seated at 5:20), Peterson (seated at 5:20), McDermott, Salvaggio None Progress Report on the West Rosedale Specific Plan. Planning Director Hardisty provided background information regarding the West Rosedale Specific Plan. He introduced Principal Planner Gauthier who gave a status report of the Plan. Brunni requested staff draft a Resolution from the Council to the County Board of Supervisors indicating that 7-1/2 square miles of the West Rosedale Specific Plan of urbanization is not an efficient use of taxpayers' money. She asked that the Resolution be brought back to the Council at the next meeting. CLOSED SESSION closed Session pursuant to Government Code Section 54957.6 regarding the Reclassification Study. (Reward Strategy Group, Inc.) Closed Session pursuant to Government Code Section 54957.6 regarding 1992 Labor Negotiations with the City's Chief Negotiator Bill Avery regarding Fire Unit, Fire Supervisory, and Police Unit, Police Supervisory negotiations. NAT Accepted the Police Unit a~ made a countel? offer to Police Supervisory Bakersfield, California, April 22, 1992 - Page 2 CLOSED SESSION continued COUNCIL ACTION Closed Session pursuant to Government Code Section 54956.9(b)(1) regarding potential litigation. Agreed to modify the Settlement Agreement with Terry ~oreland' Motion by McDermott to recess to City Manager's Conference Room for Closed Session at 6:00 p.m. APPROVED Motion by DeMond to adjourn Closed Session at 7:00 p.m. APPROVED REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield INVOCATION by Troy Chastain, Elder, First Assembly of God Church. 2. PLEDGE OF ALLEGIANCE ROLL CALL Present: Absent: Mayor Medders, Councilmembers Edwards, DeMond, Smith, Brunni, Peterson, McDermott, Salvaggio None 4 o CLOSED SESSION ACTION (if any) Medders announced the Closed Session action as reflected on Page 5. PRESENTATION Bakersfield, California, April 22, 1992 - Page 3 6. CONSENT CALENDAR COUNCIL ACTION Co Approval of Voucher Nos. 8893 to 9377, inclusive, in the amount of $1,336,397.81 and Self Insurance Vouchers Nos. 1995 to 2094, inclusive, in the amount of $56,886.50. Minutes of the Closed Session and Regular Meeting of March 25, 1992, and Workshop, Closed Session and Regular Meeting of April 8, 1992, approval. for Communication from: Derrill Whitten, Jr., Cornerstone Engineering, Inc, 2505 "M" Street, dated March 23, 1992, submitting an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan for the property located on the northeast corner of Oswell Street and Brundage Lane. (Receive and Refer to Planning Commission) Thomas C. Fallgatter and James Rowland, 5665 California Avenue, Suite 16, dated February 12, 1992, requesting annexation of property located at the northwest corner of Stine Road and McKee Road. (Receive and Refer to Planning Commission) REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, April 22, 1992 - Page 4 6. CONSENT CALENDAR continued COUNCIL ACTION Co 3. J. B. Batey, Main Street Properties, 4621 American Avenue, Suite C, dated March 16, 1992, submitting an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan for the property located at the northwest corner of Hageman and Verdugo Roads. (Receive and Refer to Planning Commission) 4 o Gregory G. Owens, DeWalt Corporation, 2340 Niles Street, dated March 27, 1992, submitting an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan for the property located at the southwest corner of Hageman Road and Jewetta Avenue. (Receive and Refer to Planning Commission) James K. Delmarter, Rickett, Ward, Delmarter & Deifel, 2901 "H" Street, dated April 13, 1992, submitting an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan for the property located south of McKee Road between Stine Road and Wible Road. (Receive and Refer to Planning Commission) REMOVED FOR SEPARATE CONSIDERATION Jake Wager, Economic Development Director dated April 13, 1992, concerning the 1992-93 Community Development Block Grant Application. (Receive and Refer to Budget and Finance Committee) REMOVED FOR SEPARATE CONSIDERATIO~ Bakersfield, California, April 22, 1992 - Page 5 6. CONSENT CALENDAR continued COUNCIL ACTION Co 7o Bakersfield SPCA, 3000 Gibson Street, dated April 11, 1992, regarding facility expansion. (Receive and Refer to Budget and Finance Committee) Joel Heinrichs, Interim Director, Kern County Public Works Department, dated April 7, 1992, regarding amendment to Agreement No. 89-197 with County of Kern for sewer maintenance and sewage transport, treatment and disposal. A portion of County Service Area No. 71. (Receive and Refer to Urban Development Committee) So fo Street Easement from Pacific Gas and Electric Company granting additional street right-of-way for Panama Lane and South "H" Street at the southwest corner of the intersection. Full Reconveyance of Home Improvement Loan in the name of William and Rosie Robinson for property located at 911 8th Street. Full Reconveyance of Home Improvement Loan in the name of Javier S. Gonzales, Jill Marie Gonzales, Wallace B. Webster, and Gail W. Webster for property located at 2615 California Avenue. Maps and Improvement Agreements: Final Map and Improvement Agreement with Regional Mortgage Company for Tract 5500, consisting of 25 lots on 10.6 acres, located at the northwest corner of Wible Road and Stonecreek Avenue. DEED 3513 DEED 3514 DEED 3515 AGR 92-77 Bakersfield, California, April 22, 1992 - Page 6 6. CONSENT CALENDAR continued COUNCIL ACTION Final Map and Improvement Agreement with Mason, Carosella & Camp for Tract 5444, consisting of 8 lots on 2.5 acres, located east of Renfro Road, south of Stockdale Highway. Final Map and Improvement Agreements with Castle & Cooke Development Corporation for Tract 5291, consisting of 20.85 lots on 27 acres, located easterly of Grand Lakes Avenue at Chamber Boulevard. 4 o Improvement Agreement with Castle & Cooke Development Corporation for Parcel Map 9542, consisting of 16 parcels on 22.4 acres, located easterly of Haggin Oaks Boulevard between Ming Avenue and Camino Media. Final Map and Improvement Agreements with Coleman Homes, Inc., for Tract 5389, Phase 4, consisting of 36 lots on 8.22 acres, located east of Akers Road, south of Berkshire Road. Notice of Completion and acceptance of work for drilling, casing and pump testing Ashe Water Well Nos. 28 and 29, located at 6200 Harris Road and 11200 Brimhall Road, respectively. Approval of Plans and Specifications for resurfacing portions of Monterey Street, Chester Lane, Coffee Road, Sandra Drive and White Lane. Resolution ordering the summary vacation of a portion of the Mercy Way right-of-way (Mercy Hospital southwest private entrance road) in the City of Bakersfield. Agreement with Pacific Gas and Electric Company (P.G.&E.) for relocation of power poles along Coffee Road. AGR 92-78 AGR 92-79 AGR 92-80 AGR 92-81 AGR 92-82 AGR 92-83 REMOVED FOR SEPARATE OONSIDERATION REMOVED FOR SEPARATE CONSIDERATIOI; Bakersfield, California, April 22, 1992 - Page 7 6. CONSENT CALENDAR continued COUNCIL ACTION Consent to Common Use between Chevron U.S.A., Inc., Standard Gasoline Company and the City of Bakersfield for construction of a public street (Verdugo Lane). First Amendment to Agreement No. 90-90 with Federal Deposit Insurance Corporation for deferred construction required for Parcel Map 6868 (Harris Road). Agreement with Bank of America NT & SA for direct deposit services. Award Annual Contract for title services to Heritage Title Company in the amount of $7,600. Motion by Brunni to remove Items c.2., c.5., c.6., j., k. and n. for separate consideration. AGR 92-84 AGR 92-85 REMOVED FOR SEPARATE CONSIDERATION AGR 92-86 APPROVED Motion by McDermott to adopt Items (a) through (o), with the exception of Items c.2., c.5., c.6., j., k. and n., of the Consent Calendar. APPROVED Thomas C. Fallgatter and James Rowland, 5665 California Avenue, Suite 16, dated February 12, 1992, requesting annexation of property located at the northwest corner of Stine Road and McKee Road. (Receive and Refer to Planning Commission) Bakersfield, California, April 22, 1992 - Page 8 6. CONSENT CALENDAR continued COUNCIL ACTION Co 5o James K. Delmarter, Rickett, Ward, Delmarter & Deifel, 2901 "H" Street, dated April 13, 1992, submitting an application to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan for the property located south of McKee Road between Stine Road and Wible Road. (Receive and Refer to Planning Commission) Resolution ordering the summary vacation of a portion of the Mercy Way right-of-way (Mercy Hospital southwest private entrance road) in the City of Bakersfield. RES 65-92 Motion by McDermott to approve Items c.2., c.5. and j. APPROVED AB BRUNNI 6° Jake Wager, Economic Development Director dated April 13, 1992, concerning the 1992-93 Community Development Block Grant Application. (Receive and Refer to Budget and Finance Committee) Motion by McDermott to approve. APPROVED AB EDWARDS Agreement with Pacific Gas and Electric Company (P.G.&E.) for relocation of power poles along Coffee Road. Brunni asked staff to provide a memo to Council when it is determined whether the four poles being moved are transmission or distribution poles. AGR 92-87 Bakersfield, California, April 22, 1992 - Page 9 6. CONSENT CALENDAR continued COUNCIL ACTION Agreement with Bank of America NT & SA for direct deposit services. Motion by Brunni to approve Items k. and n. AGR 92-88 APPROVED PUBLIC STATEMENTS Gale Francis, Greenfield Seniors, presented the Mayor and Council with complimentary tickets to a Bar-B-Que being held May 16th from 11:00 a.m. to 6:00 p.m. Trish Sanderson, YWCA, submitted a letter expressing urgent need for CDBG Project Savings funds. Harry Hackney regarding blowing sand and dust at the Bakersfield Municipal Airport. HEARINGS Continued hearing regarding amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan and proposed environmental documents concerning the following area: Segment V: City of Bakersfield requests to amend the Land Use Element consisting of a change from LI to HMR on 29 acres, LMR on 9 acres, LR on 100 acres and GC on 25 acres, for that site generally located between the Arvin- Edison Canal, Hosking Avenue, South "H" Street and State Highway 99. RES 66-92 Bakersfield, California, April 22, 1992 Page 10 8. HEARINGS continued COUNCIL ACTION Planning Director Hardisty announced a memo from him to Public Works Director Schulz dated April 22 modifies some of the recommended conditions, and a memo from him to Council recommends changing the acreage for the park site from 14 acres to 8 acres. John Giumarra stated the two memos embody the settlement that is acceptable to him and suggested an amendment to Item 6.e. of Mr. Schulz's memo dated April 22, with regard to the calculation of 33.8% of $150,000 = $50,700 should be corrected to 33.8% of $150,000 divided by 2 = $25,350. Maurice Etchechury, Cuesta Engineering and representing the Del Pappa family advised they are in general agreement with the staff recommendations. Motion by Salvaggio to adopt Resolution making findings, adopting Negative Declaration with mitigation listed in Exhibit "B" and approving General Plan Amendment, Segment V, to the General Land Use Element of the Metropolitan Bakersfield 2010 General Plan subject to conditions of approval listed in Exhibits "A" and "D", as modified by the April 22, 1992 memorandum from Ed Schulz to Jack Hardisty, with the correction to the calculation on Item 6.e., and the park pursuant to that memo from Jack Hardisty, Planning Director, to the Mayor and Councilmembers. APPROVED Bakersfield, California, April 22, 1992 - Page 11 8. HEARINGS continued COUNCIL ACTION Continued hearing regarding an appeal of the Planning Commission decisions on Zone Change No. 5244 and Zone Change No. 5247 (south of Panama Lane, north of Hosking, between 99 Fwy and So. "H" Street). No one spoke at Hearing. closed. Hearing Planning Director Hardisty stated that the same comments that are relevant to the General Plan Amendment are also relevant to the Zone Change, and that this Zone Change is an implementation ordinance putting in place the previous decision by the Council. Motion by Salvaggio to uphold the decisions of the Planning Commission with the exception that the traffic impact fee schedule shall be the one adopted by Ordinance No. 3429 and with the same conditions as those reflected in the General Plan Amendment. APPROVED Hearing as required by Resolution of Intention No. 1091 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 24 (Stine Road). No one spoke at Hearing. Hearing closed. RES 67-92 Motion by Peterson to adopt. APPROVED Bakersfield, California, April 22, 1992 - Page 12 8. HEARINGS continued COUNCIL ACTION Appeal hearing to the decision of the Planning Commission denying Zone Change No. 5122 (coffee Road and Brimhall). Planning Director Hardisty brought to Council's attention a memorandum to him from Public Works Director Schulz dated April 22, 1992, revising the conditions of approval relevant to traffic impact fees. Greg Bynum, the appellant, spoke. Hearing closed. Motion by Brunni to approve Negative Declaration and uphold the appeal to allow C-2 zoning subject to the findings and conditions of approval recommended by the Planning Director in the memos dated April 7 and the memo from the Public Works Director dated April 22, 1992. APPROVED so Hearing for consideration of the Resolution finding that certain weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to abate such nuisance. The properties located at: 337 S. Haley; 608 S. Haley; 901 L Street; 423 S. Haley; 330 S. Brown; 3308 and 3204 Juniper Ridge. No one spoke at Hearing. closed. Hearing RES 68-92 Motion by Edwards to adopt. APPROVED Bakersfield, California, April 22, 1992 - Page 13 8. HEARINGS continued COUNCIL ACTION Appeal hearing by Cheeseman's Towing regarding revocation of towing permit. Kevin Witte, Manager of Cheeseman's, spoke in opposition to the staff recommendation. Hearing closed. Motion by McDermott to (1) refer to Urban Development to study the ordinance regarding the transfer of permits, (2) refer back to the Police Chief to determine the qualifications of Mr. witte to continue to operate until a decision is made on this regard and to hold off granting any other permits until that decision is made, and (3) reschedule a public hearing on this at a date in the future. SEE BELOW Substitute motion by Peterson to (1) refer this matter to the Litigation Committee, (2) refer to the Police Chief the whole study which is going on at Cal State and the recommendation to the Litigation Committee, and (3) continue Cheeseman Towing on the rotational basis in the city's rotational scheduling of tow trucks. SEE BELOW Motion by Edwards to divide the substitute motion into three parts. APPROVED Substitute motion by Peterson to refer the ordinance to the Legislative and Litigation Committee. APPROVED NS MCDERMOTT Substitute motion by Peterson to grant the appeal. FAILED NS MCDERMdFI~? EDWARDS DEMOND SMITH Bakersfield, California, April 22, 1992 - Page 14 8. HEARINGS continued COUNCIL ACTION Motion by McDermott to refer the qualifications of Mr. Witte to the Police Chief for report and recommendation back to the Council in two weeks, and to reschedule the hearing at a future date. APPROVED ABS EDWARDS McDermott advised that the third point of the substitute motion, which was to refer the study to the Police Chief and the Legislative and Litigation Committee, was included in the motion voted on originally to refer the ordinance to the Committee. 9. REPORTS 10. ACTION ON BIDS ao Install traffic signal on Haley Street at Panorama Drive. Motion by DeMond to accept low bid from Loop Electric in the amount of $59,628.00. CON 92-89 APPROVED Bakersfield, California, April 22, 1992 - Page 15 175 11. DEFERRED BUSINESS Memorandum of Understanding forming the Interagency Fixed Guideway Passenger System Consortium for the Bakersfield/Kern County Metropolitan Area. Motion by McDermott to approve. CON 92-90 APPROVED Motion by Peterson that an item arose after the Agenda was printed and upon which action is required was added to the Agenda at this time. APPROVED Motion by Peterson to appoint McDermott as the Council representative on the policy-making committee in concert with the rest of the cities in Kern County. APPROVED Zoning Resolution No. 401 granting a Conditional Use Permit to allow a recreational facility, including food and beverage service, incidental therapeutic service, and incidental retail sales in an R-1 Zone located at 3500 21st Street. Motion by Peterson to Adopt. APPROVED Zoning Resolution No. 402 upon the appeal of Dominic Eyherabide, upholding the decision of the Board of Zoning Adjustment to allow a second dwelling unit under the same roof in a proposed house to be built at 10800 Pitts Avenue. Motion by Smith to Adopt. APPROVED Ordinance amending Section 5.56.030 of Chapter 5.56 of the Bakersfield Municipal Code relating to transient outdoor businesses. ORD 3457 Motion by Salvaggio to Adopt. APPROVED Bakersfield, California, April 22, 1992 - Page 16 11. DEFERRED BUSINESS continued COUNCIL ACTION Ordinance amending Subsection A. of Section 17.58.060 of the Bakersfield Municipal Code relating to lighting off-street parking areas. Motion by DeMond to Adopt. ORD 3458 APPROVED Transferable dog license policy. Motion by Smith to refer to staff for implementation of policy. APPROVED 12. NEW BUSINESS Ordinance amending Section 1.12.040 and 1.12.050 of the Bakersfield Municipal Code relating to ward boundaries. Approval of Change Order to Agreement No. 90-65 with CET Environmental for the cleanup of fuel contaminated soil at the Rio Bravo Fire Station. Motion by Smith to approve Change Order and approve the appropriation of $60,000 of the Risk Management fund balance to the Risk Management Operating Budget. FR APPROVED AB SALVAGGIO So Agreements with Central District Development Agency for purchase of real property located at: 1325 19th Street (formerly the American National Bank Building); 2022 "L" Street (formerly the Mental Health Building); and 1212 19th Street (commonly known as the 19th Street Parking Lot adjacent to Hotel Bakersfield). AGR 92-91 DEED 3539 AGR 92-92 DE~D 3538 AGR 92-93 DEED 3538 Motion by DeMond to approve. APPROVED Bakersfield, California, April 22, 1992 - Page 17 12. NEW BUSINESS continued COUNCIL ACTION Appropriation of State Department of Conservation Grant Funds for recycling roll-off containers. Motion by Brunni to appropriate $47,825 State Grant Revenue to the Sanitation Operating Budget in the Refuse Fund. APPROVED One (1) appointment to the Central District Development Agency due to the expiration of term of Diane Dunn, term expiring April 22, 1992. Medders requested the City Clerk advertise this position again. 12~ COUNCIL STATEMENTS McDermott asked Economic Development Director Wager regarding the reason the CDDA is holding back paying a property tax bill to the County of Kern. Brunni referred to Public Works Director Schulz a letter from Jim Sears regarding property in Ward 2. Brunni asked Park Superintendent Fabbri why the medians and streetscapes in Maintenance District Nos. 3, 4, 5 and 6 have not been mowed. Brunni asked to refer to the Legislative and Litigation Committee a letter from the Western States Petroleum Association regarding alternate fuel vehicles. DeMond responded that the letter has already been referred to staff and suggested waiting until Council has received staff's response before referring it to committee. Bakersfield, California: April 22, 1992 - Page 18 12. COUNCIL STATEMENTS continued COUNCIL ACTION Peterson submitted to the City Clerk and referred to the Public Works Department a letter and photographs from James M. Waldron regarding excessive speeds in the Amberton neighborhood. 13. ADJOURNMENT Motion by McDermott at 9:35 p.m. APPROVED MAYOR of the City kersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA ndw