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HomeMy WebLinkAbout08/16/00 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 16, 2000 Council Chambers, City Hall, 1501 Truxtun Aw.~nue Pre-Meeting - 5:15 p,m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Carson, DeMond, Maggard Couch, Sullivan (seated at 5:23), Salvaggio None. ACTION TAKEN 2. WORKSHOP a. Interviews for Ward 5 Interim Councilmember. City Clerk McCarthy announced correspondence has been received from Harold Hanson withdrawing his name from consideration for Interim Councilmember. The following Ward 5 Councilmember applicants gave brief personal introductions and answered questions: Jeff Green, Jim Madno, Rich O'Neil and Robert Russo, Motion by Carson to recess to Closed Session at 5:39 p.m. APPROVED CLOSED SESSION Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee organizations: Fire and Police. Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9 Ruby Rodriquez vs. City of Bakersfield, et al.; Kern County Superior Court Case No. 238531-SPC. NAT NAT Motion by DeMond to adjourn from Closed Session at 6:55 p.m. APPROVED Bakersfield, California, August 16, 2000 - Page 2 REGULAR MEETING INVOCATION by Councilmember SaBvaggio PLEDGE OF ALLEGIANCE by Councilmember DeMond ROLL CALL Present: Absent: CLOSED SESSION ACTION Mayor Price, Councilmembers Carson, DeMend, Maggard, Couch, Sullivan, Salvaggio None. Mayor Price announced there was no Closed Session action. PRESENTATIONS Mayor Price presented a Proclamation to John Nilon, Executive Director of Employend' Training Resource, proclaiming August, 2000, as Career Services Center Alumni and Ambassador Month. ACTION TAKEN PUBLIC STATEMENTS a. The following individuals spoke and provided written material regarding Shellabarger Road closure: Deborah Gregory and Debra Coyle. Couch referred the issue of reopening Shellabarger Road to City Attorney Bait Thiltgen and requested a written response. b. The following individuals spoke regarding annexations: Becky Kaiser and Barbara Fields. c. Graham Kaye-Eddie spoke and provided written material regarding Bakersfield Soccer. d. Chuck Pierce spoke regarding baseball park. e. Dave Cross spoke regarding the City Center project area and showed an overhead diagram. f. Barbara Fewlet welcomed the new councilmember and spoke regarding annexations. Bakersfield, California, August 16, 2000 - Page 3 APPOINTMENTS Appointment and Oath of Office for Interim Ward 5 Councilmember. Ward I - Green Ward 2 - Green Ward 3 - Marino Ward 4 - O'Neil Ward 5 - Vacant Ward 6 - Green Ward 7 - O'Neil City Clerk McCarthy announced the individuals receiving the highest number of votes were Jeffrey Green, Jim Madno and Rich O'Neil, Ward I - Green Ward 2 - Green Ward 3 - O'Neil Ward 4 - O'Neil Ward 5 - Vacant Ward 6 - Green Ward 7 - O'Neil City Clerk McCarthy announced there is a tie between Jeffrey Green and Rich O'Neil. Due to a tie vote Mayor Price cast his vote for Jeffrey Green. Motion by Carson to appoint Jeffrey Green as Ward 5 Interim Councilmember. Mayor Price recessed the meeting at 7:40 p.m. and reconvened at 7:47 p.m. 2. One appointment to the Bakersfield Redevelopment Agency. Mayor Price nominated Leonard Schroeder. ACTION TAKEN APPROVED Motion by Carson to appoint Leonard APPROVED Schroeder, term expiring April 22, 2002. Bakersfield, California, August 16, 2000 - Page 4 CONSENT CALENDAR Minutes: a. July 19, 2000 Council Meeting. Payments: Payments from July 8, to August 4, 2,000 in the amount of $10,263,259.77; and Self Insurance payments from July 8, to August 4, 2,000 in the amount of $424,258,04. Resolutions: Resolution of intention No. 1219 to add territory, Area 3-12 (Akers, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) Resolution of Intention No. 1221 to add territory, Area 2-23 (Wheelan Court) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) Resolution of Application proposing proceedings for annexation of uninhabited territery to the City of Bakersfield, property identified as Annexation No. 415, located along the west side of Jewetta Avenue to Old Farm Road, south of Hageman Road.(ward 4) Resolution adopting the amended Conflict of Interest Codes for City of Bakersfield departments, boards, commissions, and committees. Resolution authorizing Investment Term longer than five years. h. Sanitary Landfill capping and closure: (Ward 3) Resolution regarding a budget policy for landfill closure. Transfer $169,000 from the Refuse Enterprise Fund to the Landfill Closure Fund. AC'flON TAKEN ROI 1219 ROI f22f RES 92-00 RES 93-00 RE'S 94-00 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 16, 2000 - Page 5 191 CONSENT CALENDAR i. Sale of Surplus Real Property: (Ward 3) Resolution declaring real property located on east side of Oswell Street, 500 feet south of Highway 178, surplus to needs of the City. Sales Agreement with Dinova Partners II for $6,000. Resolution ordering Change of Proceedings to authorize additional improvements to be paid from proceeds of Specified Investment Earnings, Assessment District No. 94-3, (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen). (Ward 4) Resolution confirming assessment for curb, gutter and sidewalk construction costs at 4040 Chester Avenue and authorizing the collection of assessments by the Kern County Tax Collector. (Ward 2) Agreement with the property owner to pay curb, gutter and sidewalk construction costs in installments and notice of special assessment lien. Job specifications, salary and title change for Fire Inspector and job specification and salary change for Industrial Waste Inspector. Amendment No. 5 to Resolution No. 66-99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits. Amendment No. 2 to Resolution No. 101-99 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 1999-00 to incorporate previous budget actions approved by the City Council. ACTlION TAKEN RES 96-00 AGR O0-fgf DEED 5249 RES 97-00 RES 98-00 AGR O0-fg2 RES 66-99(5) RES 10t-99(2) Bakersfield, California, August 16, 2000 - Page 6 CONSENT CALENDAR Amendment No. 2 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the GeneraB Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits, (salary change for Crime Prevention Supervisor). Agreements: o. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5658, Unit 8, located north of Hageman Road, west of Calloway Drive. (Ward Final Map and Improvement Agreements with Coleman Homes, Inc. for 'Fract 5951, Unit 2, located south of Stockdale Highway, west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Coleman Homes, Inc. for Tract 5951, Unit 3, located south of Stockdale Highway, west of Buena Vista Road. (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5430, Phase B, located north of White Lane, west of Old River Road. (ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5430, Phase F, Iocaterl north of White Lane, west of Old River Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5430, Phase G, located north of White Lane, west of Old River Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5293, located north of White Lane, west of Old River Road. (Ward 4) ACTION TAKEN RES 108-99 (2) AGR 00-f93 AGR 00-'194 AGR 00-f95 AGR 00-f96 AGR 00-197 AGR 00-198 AGR 00-f99 AGR 00-200 AGR O0-20f AGR 00-202 AGR 00-203 AGRO~204 AGRO~205 Bakersfield, California, August 16, 2000 - Page 7 CONSENT CALENDAR o. 8. Final Map with ADH Corporation for Tract 5948, Phase B, located east of Oswell Street, south of Virginia Avenue. (ward 1) Agreement with Bakersfield City School District, $78,544 to conduct After-School Programs. (Wards 1,2,3) Agreement with Craig Raudman's Victory Circle, Inc., $50,000 in form of a loan, to provide financial assistance for permitfees and equipment related to construction of a race car chassis sales and service facility. (Ward 1) Agreement with Kern Delta Water District, Castle & Cooke California, Inc., and Mountain Vista Properties for canal relocation on Old River Road, between Pacheco Road and Campus Park Drive. (Ward 4) Design Consultant Contract with Kleinfelder, Inc., $44,375 for soil analysis for the Mohawk Street Sewer Alignment, Phase II. Three Year Lease Agreement with American Business Machines to lease a Canon CLC-1000 copier, Canon Editor F-1 and Interface Board for Police Crime Lab. u. City Center Project: (Wards l, 2) Agreement with Ray OImscheid Development Group for reimbursement of costs associated with Real Property Acquisition Services. Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Environmental Review Services. Agreements with Kern Appraisal Company, $45,000, and Dallas Higdon & Associates, $15,000, for Appraisal Services. Agreement with Michael Brandman Associates, $65,000, for Environmental Review Services. ACTlION TAKEN REMOVED FOR SEPARATE COIVSIDERA TION REMOVED FOR SEPARATE COIVSIDERA TION REMOVED FOR SEPARATE CONSIDERATION CON 00-209 AGR! 00-210 REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California, August 16, 2000 - Page 8 CONSENT CALENDAR continued u. 5. Concurrence with Bakersfield Redevelopment Agency's Execution of a Revised Exclusive Right to Negotiate Agreement with Ray Olmscheid Development Group. Appropriate $125,000 Developer Contribution to the City Center Development Project Fund for reimbursabMe development costs. v. Disney Keys to Excellence Training Seminar: Agreementwith Disney Institute,to conduct The Disney Keys to Excellence training seminar on November 14, 2000 and to share anticipated registration fees, not to exceed $59,150,. Agreement with Holiday Inn Select, for room rental, refreshments, and AV equipment for The Disney Keys to Excellence training seminar,, not to exceed $20,000. Appropriate $103,250 revenue/expenses for training to Recreation end Parks Operating Budgetwithin the General Fund. Restrictive Covenant Agreement with Bethany Services to create 20-foot non-buildable easement on property adjacent to Bakersfield Homeless Center. Amendment No. 1 to Agreement No. 97-306 with West Coast Land Service, a sole proprietorship to lease mineral rights in real property (5.207 acres) located at Yokuts Park and the Kern River, (Ward 5) Amendment No. 3 to Agreement No. CA99-2 with Kimble, MacMichael & Upton for outside legal ServiCeS. Appropriate $7,000 Fund Balance to the City Attorney's Office Operating Budget within the Sewer Enterprise Fund. ACTION TAKEN AGR 00-217 AGR 00-218 AGR 00-219 AGR 97-306(1) AGR 99-158(2) Bakersfield, California, August 16, 2000 - Page 9 CONSENT CALENDAR continued Contract Change Order No.lto Agreement No. 99-304 with HPS Construction Company, $22,000 for trunk sewer replacement along South Chester Avenue from Planz Road to El Sereno Avenue. (Ward 1) Bids: aa. Award Annual Contract to Stinson's, for office supplies, not to exceed $97,301.97. bb. Award Annual Contract to Safeway Sign Company, for traffic signs for the Public Works Department, not to exceed $49,166.62. CC. Accept Base Bid Only to Award Contract to Scales Construction, Inc., $371,718.96 for Lake Street reconstruction from Robinson Street to Brown Street. (ward 2) dd. Accept bids from GCS Western Power and Equipment, $372,908.25, and Nixon-EGLI Equipment Company, $252,895.50, for five street sweepers (three additional, two replacement) for the Public Works Department. ee, Accept bid from Farm Pump and Irrigation, $371,180 for drilling, casing and pump testing two (2) gravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department. (Ward 4) Award Contract to Heisler Landscape, $64,875.18 for provision and installation of playground equipment and temporary construction fencing at Dr. Martin Luther King, Jr. Park. (Ward 1) gg- Award Contract to Malibu Pacific Tennis Courts, Inc., $114,021 for provision and installation of playground equipment and temporary construction fencing at Jastro Park: (Ward 5) Appropriate $52,111 Fund Balance to the Recreation and Parks Capital Improvement Budget within the Park Improvement Fund. ACTlION TAKEN CON 00-220 CON 00-221 REMOVED FOR SEPARATE CONSIDERATION CON 00-227 CON 00-223 CON 00-224 hh. Reject all bids for provision and installation of playground equipment at Centennial Park. (Ward 5) Bakersfield, California, August 16, 2000 - Page 10 CONSENT CALENDAR continued ii. Reject all bids for provision and installation of Playground Equipment at Grissom Park. (Ward 6) Accept bids from Myriad Solutions, Incorporated; Microlink Enterprise, Incorporated; Creative Computer; Socrates Computer Systems; KIS Computer Center; GST/Micro City; and CompuCom Systems, Incorporated to purchase personal computers, monitors, and miscellaneous equipment, not to exceed $350,000. Miscellaneous: kk. Revisions to Miscellaneous Civil Service Rule 6.01 - Eligible Lists Established and Rule 6.02 - Tie Scores. II. Appointment of League Voting Delegate and Alternate to Annual Conference. mm. Notice from Gary Garone Farms to exercise option to extend Plant 2 Municipal Fa~rm Lease Agreement No. 95-310. (Ward 1) nn. Sale of one (1) used police K-9 sedan to Kern County Department of Parks and Recreation for $2,000. Motion by Carson to adopt Consent Calendar Items a. through nn. with separate consideration of Items h., p., q., r., u. and cc. h. Sanitary Landfill capping and closure: (Ward 3) Resolution regarding a budget policy for landfill closure. Transfer $169,000 from the Refuse Enterprise Fund to the Landfill Closure Fund. Motion by Maggard to adopt Consent Calendar Item h. Agreement with Bakersfield City School District, $78,544 to conduct After-School Ppc~g rams. (Wards 1,2,3) ACTION TAKEN AGRO~225 APPROVED RESg~O0 APPROVED AGR 00-206 Motion by Sullivan to adopt Consent Calendar item p. APPROVED Bakersfield, California, August 16, 2000 - Page 11 CONSENT CALENDAR continued Agreernent with Craig Raudman's Victory Circle, Inc., $50,000 in form of a loan, to provide financial assistance for permit fees and equipment related to construction of a race car chassis sa~es and service facility. (Ward 1) Motion by Carson to adopt Consent Calendar Item q, ACTION TAKEN AGR 00-207 APPROVED Agreement with Kern Delta Water District, Castle & Cooke California, Inc., and Mountain Vista Properties for canal relocation on Old River Road, between Pacheco Road and Campus Park Drive. (Ward 4) Green announced conflict of interest on Consent Calendar Item r. Motion by Couch to adopt Consent Calendar Item A GR 00-208 APPROVED AB GREEN City Center Project: (Wards 1, 2) Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Real Property Acquisition Services. Agreement with Ray Olmscheid Development Group for reimbursement of costs associated with Environmental Review Services. Agreements with Kern Appraisal Company, $45,000, and Dallas Higdon & Associates, $15,000, for Appraisal Services. Agreement with Michael Brandman Associates, $65,000, for Environmental Review Services, Concurrence with Bakersfield Redevelopment Agency's Execution of a Revised Exclusive Right to Negotiate Agreement with Ray Olmscheid Development Group. AGR O0-2ff AGR 00-212 AGR 00-213 AGI~r 00-214 AGR 00-215 AGR 00-216 Bakersfield, California, August 16, 2000 - Page 12 CONSENT CALENDAR continued u. 6. Appropriate $125,000 Developer Contribution to the City Center Development Project Fund for reimbursable development costs. Couch requested City Attorney respond in writing to the author of the letter received regarding appraisal Motion by Couch to approve Consent Calendar item u. CC. Accept Base Bid Only to Award Contract to Scales Construction, Inc., $371,718.96 for Lake Street reconstruction from Robinson Street to Brown Street. (Ward 2) DeMond requested staff keap track of the work performed and payments to subcontractors and report back to her. Motion by DeMond to approve Consent Calendar Item cc. HEARINGS Final Environmental Impact Report, Gsneral Plan Amendment/Zone Change P99-0482: (Ward 4) Kyle Carter proposes a Final Environmental Impact Report, General Plan Amendment P99- 0482 and ordinance. The project is 170 acres, located between Olive Drive, Fruitvalle Avenue, Highway 99 and north of Downing/Gilmore Avenues (extended). Resolution certifying the Final Environmental Impact Report for General Plan Amendment P99-0482. Resolution adopting the General Plan Amendment to change land use designation from Light Industrial and Heavy IndustriaI to Low Density Residential, Low Medium Density Residential and Generat Commercial. Also a Circulation Element Amendment to delete Mohawk Street as an Arterial north of Hageman Road, swing Hagsman Road north and attach to Highway 99/204, change Hageman Road from a ,Collector to an Arterial between Mohawk Street and Knudsen Drive. ACTION TAKEN APPROVED CON 00-222 APPROVED RES9~O0 RES fO0-O0 Bakersfield, California, August 16, 2000 - Page 13 HEARINGS continued a. 3. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-15 and 102-22 from Light Manufactudng, General Manufacturing and Heavy Manufacturing to One Family Dwelling zone, Limited Multiple Family Dwelling and General Commercial zones, upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. Correspondence has been received from Roger Mclntosh, dated August 14, 2000, regarding clarification of the intent of the appeal. Development Services Director Jack Hardisty gave a brief update. Hearing opened at 8:17 p.m. Roger Mclntosh spoke in opposition of staff recommendation. The following individuals spoke in support of staff recommendation: Henry Hill; Tom Fallgetter representing Equlon; Harold Robertson representing Kyle Cartot; and Ky~e Carter. Hearing closed at 8:36 p.m. Motion by Couch to adopt the resolutions certifying the EIR and approving the EIR and General Plan Amendment, denial of the appeal and first reading of the ordinance. ACT~ON TAKEN FR APPROVED General Plan Amendment and Zone Change No. P00-0235: (Ward 4) Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from High Medium Density Residential to Low Density Residential on 8.62 acres and to change the zoning from Planned Unit Development to One Family Dwelling on 65.44 acres. The project site is located south of Campus Park Drive, west of Old River Road. Bakersfield, California, August 16, 2000 - Page 14 HEARINGS continued b. 1. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from High Medium Density Residential to Low Density Residential. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-18 from Planned Unit Development to One Family Dwelling upholding the decision of thE! Planning Commission and denying the applicant's appeal to the conditions of approval. Development Services Director ,Jack Hardisty gave a brief update, and int~roduced Civil Engineer, Madan Shaw, who gave a computer presentation. Hearing opened at 8:59 p.m. Roger Mclntosh, representing Castle & Cooke, spoke in opposition of staff recomrnendation. Hearing closed at 9:07 p.m. Motion by Couch to adopt the re;solution with an amendment to Condition f'f 10 include fencing requirements on both sides upon construction of homes, within, 1/4 mile of canal; amendment to Condition 4.2 to include language "or the City of Bakersfield"; first reading of the ordinance approving the project and denial of the appeal Generag Plan Amendment/Zone Change P00-0236: (Wards 2, 5) Halferty Development Corporation, LLC, has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a Zone Change for property located along the south side of Ming Avenue, between Canter Way and Rain Tree Court. ACTION TAKEN RES fOf-O0 FR APPROVED Bakersfield, California, August 16, 2000 - Page 15 HEARINGS continued c. 1. General Plan Amendment P00-0236, an amendment to the Land Use Element of the Metropolitan Bakersfie~d 2010 General Plan changing the land use designation from High Medium Density ResidentiaM to General Commercial on 5.14 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 123-10 and 123-11 changing the zoning district from One Family Dwelling Church and Limited Multiple Family Dwelling to Planned Commercial Development on 5.14 acres. Correspondence had been received from Kevin & Jeannette Mulhause, dated July 15, 2000, expressing concerns regarding adequate parking and Glenn Shellcross opposing the project. Development Services Director Jack Hardisty gave a brief update. Hearing opened at 9:36 p.m. The following individuals spoke in opposition of staff recommendation: Jane Pruitt, submitted written material and Rita Carroll. The following individuals spoke in support of staff recommendation: Dwayne Lively and Vince Roach with CIB Richard Ellis representing Fellowship Bible Church. The following individuals spoke in rebuttal in opposition of staff recommendation: Jane Pruitt and Rita Carroll. Hearing dosed at 9:58 p.m. Motion by DeMond to adopt the resolution as amended to add a condition to construct a masonry sound waft along the condominium property, with the applicant sharing half of the construction costs and first reading of the ordinance. ACTION TAKEN RES f02-00 FR APPROVED NS CARSON MAGGARD Bakersfield, California, August 16, 2000 - Page 16 HEARINGS continued d. General Plan Amendment/Zone Change P00-0238: (Ward 4) Tom Teagarden representing KARPE requests to amend the Metropolitan Bakersfield 2010 General Plan: General Plan Amendment No. P00-0238 and Ordinance. The project covers appreximately 3.58 acres located along the north side ef Brimhall Road, east of Jewetta Avenue. General Plan Amendment P00-0238, a Land Use Element Amendrnent from General Commercial and Suburban Residential to Low Medium Density Residential. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from Neighborhood Commercial and Estate to Limited Multiple Family Dwelling zone. Hearing opened at 10:14 p.m. Motion by Couch to continue fie public hearing. Development Services Director Jack Hardisty gave a brief update, Hearing reopened at 10:24 p.m. No one spoke at hearing. Hearing closed at 10:25 Motion by Couch to adopt the rese,iution and First reading of the ordinance, General Plan Amendment/Zone Change No. P00-0253: (Ward 4) DeWalt Corporation has requested an amendment to the Metropolitan Bakersfield 2010 General Plan and a zone change for property located along the northwest corner of Calloway Drive and Meacham Road. ACTION TAKEN RES f03-O0 FR APPROVED APPROVED Bakersfield, California, August 16, 2000 - Page 17 HEARINGS continued e. 1. General Plan Amendment P00-0253, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from Low Density Residential to General Commercial on 3.93 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No, 102-19 changing the zoning district from One Family Dwelling to Planned Commercial Development. Subject site consists of 3.93 acres. Petitions, containing approximately 77 signatures, were received from Calloway/Meacham Neighbors, dated July 23, 2000, in opposition of staff recommendation. Hearing opened at 10:15 p.m. Motion by Couch to continue the public hearing. Mayor ]Price recessed the meeting at 10:15 and raconvened at 10:24 p.m. Development Services Director Jack Hardisty gave a brief update. Hearing reopened at 10:31 p.m. The following individuals spoke in opposition of staff recommendation: Randy Michaud, submitted written material, Tim Beard, submitted written material; Cathy Jordan, submitted written material; and John Teawood. The following individuals spoke in support of staff recommendation: Cathy Fritz, DeWalt Corporation; and Jeff Gutierraz, DeWalt Corporation, who gave computer presentations. The following individuals spoke in rebuttaM in opposition of staff recommendation: Randy Michaud and Tim Beard. Glen Berkshire spoke in rebuttal in support of staff recommendation. ACTION TAKEN RES 104-00 FR APPROVED Bakersfield, California, August 16, 2000 - Page 18 10. 11. HEARINGS continued Couch amended the resolution and added the the following conditions: Lighting shall be 12 - 16 feet with higher lights on the interior; In addition to no amplified sound, include no brass, no percussion, excluding the piano. Restrict signage to a monument sign, no higher than 3 feet, no wider than 4 feet; 60 watt bulb on each side, diagonal facing the corner of Meacham and Callloway; the applicant must submit a sign plan to the Development Services Director'. Applicant must move garbage dumpster to east end. Development Services Director to review the site plan. Delete landscape requirement on property south of Meacham. Continue block wall along north side of Meacham to fire gate, with the gate (6 feet high) being a plank style or a metal filigree gate that blocks more than 50 percent of the light; and continue wall eastside of fire gate, to step down from 6 feet, to 5 feet, then at 4 feet high to edge of property lines. Applicant shall do their best to maintain the health of all the trees on the property. Motion by Couch to adopt the resolution as amended and First reading of the Ordinance. REPORTS Oral Report by Councilmember Mark Salvaggio on Kern Council of Governments meeting of July 20, 2000 regarding Fairfax interchange raquest and Rosedale - Rio Bravo Water Storage District recommendation for mitigation related to Highway 58. DEFERRED BUSINESS a. Ambulance Rate Review Process. Motion by DeMond to continue the current rate review process and to have staff provide ambulance rate survey information to the Council prior to the rate review hea,ring. ACTION TAKEN APPROVED NAT APPROVED Bakersfield, California, August 16, 2000 - Page 19 11. DEFERRED BUSINESS continued b. Ice Rink Studies. ACTION TAKEN DELETED Ordinance amending Bakersfield Municipal Code Section 1.12.010 by adding Annexation No. 409, located north of Bear Mountain Blvd., west of Fairfax Road. (First Reading 7/19/00) (Ward 1) Motion by Carson to adopt the ordinance, ORD 3968 APPROVED 12. NEW BUSINESS Ordinance amending Section 14 Subsection (a) of Ordinance No. 2518 of the Bakersfield Municipal Code relating to the Cable Television Franchise of Time Warnet Entertainment Advance/New House. Ordinance repealing Section 15.64.180 of the Bakersfield Municipal Code regarding Unsupervised Fuel Dispensing. c. Bakersfield Heart Hospital: Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Nos. 102-23 and 102-24 by changing the zoning from a Planned Commercial Development zone to a revised Planned Commercial Development zone to add a hellstop, to revise the medical office building and hospital wing on 10 acres, located at 3001 Sillect Avenue. (File No. P99-0911 )(Ward 5) Agreement and comment to dedicate right- of-way and to construct improvements. Development Services Director Jack Hardisty gave a brief update. Motion by Green to give First reading to the ordinance and approve the agreement. Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 410, located between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (Ward 4) FR FR FR AGR 00-226 APPROVED FR Bakersfield, California, Auglust 16, 2000 - Page 20 12, NEW BUSINESS Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 411, located north of Stockdale Highway, between Allen and Jenkins Roads. (Ward 4) ACTION TAKEN FR 13. COUNCIL STATEMENTS Couch requested Assistant City Manager John Stinson contact him regarding various referrals. Couch thanked Fire Chief Fraze, Development Services Director Jack Hardisty, Civil Engineer Mlarian Shaw, Engineering Services Manager Jack LaRochelle and Public Works Director Raul Rojas for their assistance. Maggard requested staffs assistance in drafting correspondence encouraging authorities affected to construct fences along canal near schod site, Maggard requested staff provide a sf, atus report regarding EMCAB, availability of ER space, fie progress and impact of the coming closure of the Downtown Mercy complex, also the impact of ER space available to citizens due to the prison contracts, Maggard reassured citizens that staff is working on a solution for the new median method. Maggard welcomed Jeff Green to the Council. DeMond welcomed Jeff Green to the Council. DeMond reques~d staff attend the meeting on August 28% at 2:30, TheaterArts Production, 1622 f9~ Street, for the item "Will the Streetscaping Project Affect Your Business?", and report back to Council. DeMond requested staff provide a report back to the committee regarding KCEOC agreement prior to going to Council, DeMond expressed appreciation to staff for their work on the Ming Avenue project. Salvaggio referred a citizen's message to Public Works regarding the issue of a sunken sidewalk at the 4600 block of Woodmere, and requested staff contact him. Bakersfield, California, August 16, 2000 - Page 21 207 13. COUNCIL STATEMENTS continued Salvaggio requested staff send a thank you letter to Assemblyman Florez for AB2928. Salvaggio referred a citizens concern regarding tree/bush fire hazards on Madden Street and requested staff respond to him in writing. Salvaggio referred a letter to staff from the Native American Heritage of Kern County regarding proposed Yocuts names for the Kern River Parkway, for a response. Salvaggio referred to staff a copy of a letter to the editor regarding the concession stand issue and lack of drinking fountains at Beach Park and requested staff respond to Mr. Dolan. Satvaggio thanked Solid Waste Director Kevin Barnes for his assistance and citizen customer service. Green thanked staff in advance for their assistance they will be giving him; and the Council for their support. Sullivan thanked staff and welcomed Jeff Green to the Council. Couch requested staff provide an analysis of AB2928, how the City of Bakersfield benefitted, and what projects do we have planned as a result of this benefit. Couch welcomed Jeff Green to the Council and acknowledge Jim Burger. DeMond requested staff contact her regarding skateboard parks. Mayor Price requested staff review the issue of widening Freeway f 78. Carson referred to Public Works the issue of uncompleted paving and curbs/gutters on Lotus Lane and requested a report back. Carson congratulated Mr. Green and requested staff provide him with a copy of the subcommittees which he will be replacing Randy Rowles, with the exception of the Kern COG, which he will be the alternate. ACTION TAKEN Bakersfield, California, August 16, 2000 - Page 22 14.ADJOURNMENT · ,o.o. ~,~, Car, o,, ,o ~AYOR 'of the City of Bakersfield, CA A~EST: ACTION TAKEN APPROVED