HomeMy WebLinkAbout03/12/1997 MINUTES CCBAKERSFIELD CITY COUNCIL
MINUTES
WORKSHOP - 5:15
ROLL CALL
Present:
Absent:
MEETING OF MARCH 12, 1997
P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
ACTION TAKEN
Mayor Price, Councilmembers
Rowles (seated at 5:35), Carson
(seated at 5:23), DeMond, Smith,
McDermott, Sullivan (seated at
5:26), Salvaggio
None
Convention Center Expansion Project and
Centennial Plaza Update.
City Manager Tandy introduced Jim Swords,
HOK Sports who provided an update on design
changes with a slide presentation.
City Manager Tandy provided current
financial information and status of the
proposed documents for Council action at
the March 26th meeting; and distributed
written material.
Motion by Rowles to add Closed Session Item
1. that arose after the agenda was posted
and requires action this evening.
APPROVED
Motion by Rowles to recess to Closed
Session at 5:50 p.m.
APPROVED
CLOSED SESSION
Conference with Legal Counsel Existing
Litigation. Closed Session pursuant to
Government Code Section 54956.9(a) in the
case of The People of the State of
California (City of Bakersfield, a
Municipal Corporation) vs. Bhagabhai
Dahyabhai Bhakta, et. al., Kern Superior
Court Case No. to be assigned.
CITY ATTORNEY
RECEIVED
INSTRUCTION
Motion by McDermott to adjourn from Closed APPROVED
Session at 6:05 p.m. AB ROWLES
04;,,
Bakersfield, California, March 12, 1997 - Page 2
REGULAR MEETING - 7:00 P.M.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
INVOCATION by Bishop Sam Buckeley, Church of Jesus Christ of Latter
Day Saints
2. PLEDGE OF ALLEGIANCE by Randy Rowles
3. ROLLCALL
ACTION TAKEN
Present:
Absent:
Mayor Price, Councilmembers
Rowles, Carson, DeMond, Smith,
McDermott, Sullivan, Salvaggio
None
CLOSEDSESSION ACTION
Mayor Price announced Closed Session Action
as reflected on Page 1.
PRESENTATIONS
Salvaggio announced the death
Strauss, South High School
Education teacher and Coach.
of Stephen
Physical
PUBLIC STATEMENTS
Written material was received from
Wesley Crawford, Sr., requesting City
support for a labor code bill and was
distributed; he did not appear.
Nancy Bredlau spoke regarding the
Police Department.
DeMond requested staff meet with Ms.
Bredlau at this time.
The following individuals spoke
regarding the Conditional Use Permits
ordinance (11.c.):
Renee Donato; and Betty Sadler, who
submitted written material.
Bakersfield, California, March 12, 1997 - Page 3
APPOINTMENTS
a. Four appointments to the Historic
Preservation Commission.
Carson announced she will appoint at a
later date.
ACTION TAKEN
Motion by Rowles to reappoint Shirlyn
Davenport (Mayor), Jeff Hall (Ward 2)
and Thomas W. Curran (Ward 3), terms
to expire March 30, 2001.
APPROVED
Removal of Francia Hernandez from the
Historic Preservation Commission.
Motion by McDermott to approve.
APPROVED
CONSENT CALENDAR
Payments from February 8 to February
28, 1997 in the amount of
$7,942,249.23 and Self Insurance
payments from February 8 to February
28, 1997 in the amount of $157,686.02.
Minutes of the February 19, 1997
Council Meeting.
Resolution establishing
service charges.
ambulance
Resolution approving the destruction
of certain obsolete City records,
documents, instruments, books and
papers, pursuant to section 34090 et
seq. of the Government Code of the
State of California (Economic and
Community Development Department)
Resolution declaring real property,
located north of Burr Street, 1,000
feet east of Gibson Street, as surplus
and authorizing the Finance Director
to negotiate its sale. (Ward 5)
f. Personnel changes:
Resolution amending Resolution
No. 19-96 setting salaries and
related benefits for employees of
the General Supervisory Unit.
RES 34-97
RES 35-97
RES 36-97
Bakersfield, California, March 12, 1997 - Page 4
CONSENTCALENDAR continued
f. 2. Revised job specifications for
Supervisor I/II
Reclassifications for:
Supervisor I -
Supervisor I
Water Supervisor I
I
Supervisor II -
Supervisor II
Water Supervisor II to Supervisor
II
(Staff recommends referral to
Personnel Committee)
Trees to
to Supervisor
Wastewater to
Change to Miscellaneous Civil Service
Rule 6.01 Eligible Lists
established.
Revised job specifications for General
Services Superintendent and Street
Maintenance Superintendent.
Authorization for Assignment of Cable
Television Franchise. (Staff
recommends approval for city Attorney
to send consent letter)
j. Tract Maps and Improvement Agreements:
Final map and Improvement
Agreements with Castle & Cooke
California, Inc. for Tract 5650,
Phase AA, located at the
southeast corner of Harris Road
and Reliance Drive. (Ward 6)
Final map and Improvement
Agreement with Probuilt
Development and Construction,
Inc. for Tract 5640, Phase 2,
located north of Hageman Road,
east of Coffee Road. (Ward 4)
ko
Agreements with Normal Development
Corporation for work performed on
Hosking Avenue associated with Tract
5861, located at the southeast corner
of Hosking Avenue and Akers Road; and
on Rosedale Highway associated with
Parcel Map 10236, located south of
Rosedale Highway, east of Coffee Road.
(Ward 4)
ACTION TAKEN
AGR 97-41
AGR 97-42
AGR 97-43
AGR 97-44
AGR 97-45
Bakersfield, California, March 12, 1997 - Page 5
Be
CONSENTCALENDAR continued
Agreement~ with Agra Earth &
Environmental ($21,000) for materials
testing and inspection on the Panama
Lane at State Route 99 Overcrossing
Project. (Ward 7)
mo
Agreement with State of California,
Department of Transportation, for
traffic signals interconnect at
various locations. (Wards 4, 5 & 6)
Agreement with Bank of America for
banking services.
Agreement with Local Agency Formation
Commission to indemnify LAFCO for
Dennen No. 1 Annexation, Annexation
No. 390, Proceeding 1212, located west
of Freeway 99, north of Panama Lane.
(Ward 7)
Agreement with William Avery &
Associates, Inc. for negotiation and
consultant services in employer-
employee relations.
Amendment No. 1 to License Agreement
No. 96-342 with County of Kern for
shared use of City and County parking
facilities.
Amendment No. 2 to Agreement No. 95-
135 with Brown, Armstrong, Randall &
Reyes, Accountancy Corporation for
auditing services.
Accept bid to award Contract to
Majestic Painting & Decorating
($18,700) for Fire Station No. 1
exterior painting project. (Ward 2)
Accept bid to award Contract to
Sturgeon & Son, Inc. ($155,258) for
construction of Basins 12 and 13 at
2800 Acre Groundwater Recharge Area
for Water Resources Department. (Ward
4)
Accept bid to award Contract to
Halopoff and Sons, Inc. ($52,521.10)
for repaving Fire Station No. 2
parking lot. (Ward 2)
ACTION TAKEN
AGR 97-46
AGR 97-47
AGR 97-48
AGR 97-49
AGR 97-50
AGR 97-51
AGR 97-52
AGR 97-53
AGR 97-54
AGR 96-342 (1)
AGR 95-135 (2)
CON 97-55
CON 97-56
CON 97-57
Bakersfield, California, March 12, 1997 - Page 6
CONSENT CALENDAR continued
Vo
Accept bid from Allstar Fire
Equipment, Inc. ($20,720.96) for fire
hose.
Wo
Reject all bids for the construction
of Chip/Cape Seal Project 96-97.
(Wards 2 & 3)
Amendment No. 9 to FY 1993-94,
Amendment No. 5 to FY 1994-95,
Amendment No. 7 to FY 1995-96 and
Amendment No. 4 to FY 1996-97 to the
Consolidated Plan (CDBG Program).
Appropriate $50,000 fund balance to
the Capital Improvement Budget within
the Gas Tax Fund for roadway
improvements on Hageman Road east of
Fruitvale Avenue. (Ward 4)
z. Board and Commission Procedures.
aa. Convention Center Expansion:
Resolution authorizing the
Finance Director or his designee
to execute certificate stating
Preliminary Official Statement is
deemed "nearly final" within
meaning of Securities and
Exchange Commission Rule 15c(2)-
12.
Bond Insurance Agreements - 1997
Arena COP:
a)
Commitment to issue a
Financial Guaranty Insurance
Policy by MBIA Insurance
Corporation.
b)
Commitment to issue a Debt
Service Reserve Surety Bond
by MBIA Insurance
Corporation.
Appropriate $195,000 General Fund
Revenue, $22,000 Industrial
Revenue Bond Fees, $200,000
Capital Outlay Fund balance; and
transfer $225,000 Economic
Development revolving loan
appropriations to the Facilities
Replacement Reserve.
ACTION TAKEN
RES 37-97
AGR 97-58
AGR 97-59
Bakersfield, California, March 12, 1997 - Page 7
Be
CONSENTCALENDAR continued
Motion by Rowles to adopt Consent Calendar
Items a. through aa.
ACTION TAKEN
APPROVED
HEARINGS
Hearing to consider a resolution
declaring the public interest and
necessity for taking, by eminent
domain, certain real property required
for the widening of the intersection
at Truxtun Avenue and Oak Street.
(Ward 5)
Rowles announced abstention due to a
client that owns property in the area.
Hearing opened at 7:28 p.m.
Paul Lundin, Gauthier Storage &
Associates, spoke in opposition to
staff recommendation.
Hearing closed at 7:31 p.m.
DeMond requested Public Works Director
Rojas provide alternatives to the
street divider situation at the corner
of Oak and Truxtun to ensure viable
access to established and future
businesses on the southwest corner
(ie. storage facility).
Motion by DeMond to delay action to APPROVED
the meeting of March 26, 1997.
Hearing to consider ordinances and
resolution regarding Site Plan Review:
Ordinance amending Section 17.53,
Section 17.53.051 and Section
17.53.060 A., B., D. and I
relating to site plan review.
Ordinance amending Section
17.54.020 relating to permitted
uses in the Planned Commercial
Development Zone.
Bakersfield, California, March 12, 1997 - Page 8
HEARINGScontinued
Do 3.
Ordinance amending Section
17.22.020 relating to permitted
uses in the C-1 Neighborhood
Commercial Zone.
4. Ordinance amending Section FR
17.64.030 relating to the
authority of the Board of Zoning
Adjustment.
5. Resolution amending the CEQA
Implementation Procedures.
Correspondence was received from Renee
Donato Nelson, dated March 10, 1997,
requesting an extension of the 15-
minute time limit for public comment
and opposing the site plan; Bill
Slocumb, Klein, Weggis, Dentale,
received March 10, 1997; and E. Robert
Wright, Thomas, Snell, Jamison,
Russell and Asperger, dated March 12,
1997, representing SCAC, in opposition
to the CEQA resolution.
Hearing opened at 7:40 p.m.
The following individuals spoke in
opposition to staff recommendation:
Stuart Gentry; Jill Kleiss, Civil
Alliance of Bakersfield, who submitted
written material; Renee Donato Nelson,
and submitted written material; and
Dennis Bainbridge, representing the
citizens' group CLEAN.
The following individuals spoke in
support of staff recommendation:
Barbara Martin, Building Industry
Association of Kern County; Roger
Mcintosh, Martin-Mcintosh; and David
Gay, Realtor.
The following individuals spoke in
rebuttal (opposition) to staff
recommendation:
Jill Kleiss, Civil Alliance of
Bakersfield; Renee Donato Nelson; and
Cindy Eggert.
Hearing closed at 8:08 p.m.
ACTION TAKEN
FR
RES 38-97
Bakersfield! California, March 12, 1997 - Page 9
HEARINGS continued
Motion by McDermott to approve with an
amendment to the threshold for multi-
family residential projects and hotels
and motels-- from 500 or more units to
100 or more units; and the Board of
Zoning Adjustment consider holding
meetings after 5:00 p.m. when there
are public-interest issues.
ACTION TAKEN
APPROVED
NS CARSON
DEMOND
SALVAGGIO
Carson recognized Jill Kleiss to speak
again.
Mayor announced a 5-minute recess at
8:45 p.m. and reconvened at 8:50 p.m.
Protest hearing for Dennen No. 1
Annexation, Annexation No. 390,
Proceeding 1212, located west of
Freeway 99, north of Panama Lane.
(Ward 7)
69 letters and petitions with 82
signatures have been received
protesting the annexation.
Petitions with 49 signatures were
received March 12, 1997 withdrawing
their previous protest and supporting
the annexation.
Assistant to the City Manager Tuebner
provided background information.
Resolution ordering the territory
annexed to the City of
Bakersfield.
Resolution approving development
of a Planned Sewer Area for the
mobile home park area, upon
annexation.
Hearing opened at 8:56 p.m.
The following individuals spoke in
opposition to staff recommendation:
Llewllyn Garner; Esther Smith; Camella
Mutz and Suzanne Hill.
The following individuals spoke
support of staff recommendation:
William Pinckard and Richard Boggs.
Bakersfield, California, March 12, 1997 - Page 10
H£AR~NGScontinued
c. Hearing closed at 9:05 p.m.
Motion by Salvaggio to delay action
until the meeting of March 26th, 1997.
ACTION TAKEN
APPROVED
d. General Plan Amendment/Zone Change
P96-0543 (Ward 4):
Development Services Director Hardisty
provided background information.
BERCAMP Partners requests to
amend the Metropolitan
Bakersfield 2010 General Plan
Land Use Element from Low Density
Residential to High Medium
Density Residential on 12.38
acres, located southwest of
Stockdale Highway and Renfro
Road.
2 o
BERCAMP Partners requests to
amend the Metropolitan
Bakersfield 2010 General Plan
Circulation Element by
eliminating an unnamed Collector
extending 1,321 feet westerly of
South Renfro Road, 831 feet north
of the Cross Valley Canal.
3 o
Appeal hearing by BERCAMP
Partners of Planning Commission
decision to deny the zone change
disapproving an ordinance
amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 122-03 from One
Family Dwelling - 6,000 square
feet per dwelling unit to Limited
Multiple Family Dwelling - 2,500
square foot minimum lot area per
dwelling unit on 12.38 acres,
located southwest of Stockdale
Highway and Renfro Road.
Hearing opened at 9:28 p.m.
The following individuals spoke in
support of staff recommendation:
Gary Powell, representing Del Rio area
citizens; Barbara Lomas, who submitted
petitions; Lorna Brumfield and Lynn
Mihalyo.
RES 39-97
RES 40-97
RES 41-97
Bakersfield, California, March 12, 1997 Page 11
HEARINGS continued
d. Hearing closed at 9:42 p.m.
Staff recommends adoption of
resolutions, denying the applicant's
request and upholding the Planning
Commission decision.
ACTION TAKEN
APPROVED
City of Bakersfield has applied to
amend the Circulation Element of the
Metropolitan Bakersfield 2010 General
Plan consisting of amending Policy 2
(Page III-38) and Implementation
Measure 2 (Page III-39) of the
Circulation/Airports Section to
reference and incorporate the Airport
Land Compatibility Plan (ALCP) (GPA
P96-0795)
Hearing opened at 9:50 p.m.
No one spoke at hearing.
Hearing closed at 9:50 p.m.
M6tion by Rowles to
resolution.
adoption
RES 42-97
APPROVED
General Plan Amendment/Zone Change
P96-0872:
City of Bakersfield requests to
amend the Land Use and
Circulation Element Maps of the
Metropolitan Bakersfield 2010
General Plan to achieve
consistency with the Kern County
Board of Supervisors' adopted
amendments from March 1995
through March 1996 to Map Code
6.2 (General Commercial) on 3.5
acres, located on the east side
of North Chester Avenue between
McCord Avenue and Beardsley
Avenue, and on the southeast
corner of North Chester Avenue
and Beardsley Avenue, Oildale.
RES 43-97
Bakersfield, California, March 12, 1997 - Page 12
HEARiNGScontinued
fo 2.
Amendment to the Kern River Plan
Element of the Metropolitan
Bakersfield 2010 General Plan
consisting of a change from Land
Use Map Code 5.2 (Residential -
minimum 16 units/net) acre to Map
Code 6.2 (General Commercial) on
3.5 acres generally located on
the east side of North Chester
Avenue between McCord Avenue and
Beardsley Avenue, and on the
southeast corner of North Chester
Avenue and Beardsley Avenue,
Oildale.
3 o
Ordinance amending the land use
and zoning of the Casa Loma
Specific Plan (Zoning Map No.
124-05) from 5.4 (Low Density
Residential - maximum 4 units per
net acre) and 6.2 (General
Commercial) to 5.2 (Medium
Density Residential - maximum 16
units per net acre) on 3.5 acres,
located on the east side of Union
Avenue north of Casa Loma Drive
at 1212 South Union Avenue.
4 o
Ordinance amending the land use
and zoning of the Casa Loma
Specific Plan (Zoning Map No.
124-05) from 6°2 (General
Commercial) on 7.2 (Service
Industrial) on 4.19 acres located
between Terrace Way and Daniels
Lane, east of Union Avenue at 340
Daniels Lane.
Hearing opened at 9:52 p.m.
No one spoke at hearing.
Hearing closed at 9:52 p.m.
ACTION TAKEN
RES 44-97
FR
FR
Motion by Rowles to adopt resolutions APPROVED
and give first reading to ordinances.
Bakersfield, California, March 12, 1997 - Page 13
9e
HEARINGScontinued
Hearing to · consider a resolution
making findings and authorizing the
use of tax increment moneys to help
pay the annual debt service on
Certificates of Participation issued
to construct the Convention Center
Expansion - Arena Project 1997.
City Manager Tandy provided background
information.
Hearing opened at 9:55 p.m.
Pamela Bauer spoke in opposition to
staff recommendation.
Hearing closed at 9:57 p.m.
Motion by McDermott to adopt
resolution.
ACTION TAKEN
RES 45-97
APPROVED
10.
REPORTS
City Manager Oral Report No. 3-97
regarding the Convention Center
Expansion.
City Manager Tandy announced this
report, as a continuation of the
Workshop, was not necessary.
DELETED
11 . DEFERRED BUSINESS
ao
Ordinance amending Section 8.80.100
A.; Section 8.80.110 B.; and Section
8.80.120 A., B. & C. of the
Bakersfield Municipal Code relating to
abatement of public nuisances. (first
reading 2/19/97)
Ordinance amending Section 15.80.190
of the Bakersfield Municipal Code
relating to parks and recreation land
in North Bakersfield Recreation and
Park District. (Ward 4) (first
reading 2/19/97)
ORD 3744
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, March 12, 1997 - Page 14
11. DEFERRED BUSINESS continued
Go
Ordinance amending Sections 17.04.155,
17.04.650, 17.18.025, Sections
17.20.020 A., 17.20.040, 17.22.040,
17.24.040 17.25.040, 17.26.040,
17.28.030, 17.30.030, 17.31.030,
17.36.025, 17.37.050, 17.42.060,
17.44.060 and Chapter 17.64; and
repealing Sections 17.16.025,
17.42.090 and 17.50.030; and Chapter
17.66 of the Bakersfield Municipal
Code relating to conditional use
permits. (first reading 2/19/97)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-18 by changing the zoning
on 20.19 acres located on the
northwest corner of Hageman Road and
Calloway Drive from One Family
Dwelling to One Family Dwelling
Church. (Ward 4) (first reading
2/19/97)
Ordinance amending Section 16.08.020,
Section 16.08.030, Chapter 16.12,
Chapter 16.16, Subsection A. of
Section 16.20.040, Section 16.20.160,
Subsection A. of Section 16.22.040,
Subsections A. and C. of Section
16.24.090, Subsection B. of Section
16.28.070, Subsection L. of Section
16.28.170, Section 16.32.070, Section
16.32.080, Section 16.52.020 and
Section 17.04.370 of the Bakersfield
Municipal Code relating to
subdivisions. (first reading 2/19/97)
Ordinances related to bid
procedures:(first reading 2/19/97)
Ordinance amending Bakersfield
Municipal Code Section 3.20.060
D. , establishing bidding
requirements.
Ordinance amending Bakersfield
Municipal Code Section 3.20.090
A., Section 3.20.100 A., and
Section 3.20.105 B., C. & E. to
increase the amount of contracts
requiring Council approval from
$20,000 to $25,000.
ACTION TAKEN
ORD 3746
ORD 3747
ORD 3748
ORD 3749
ORD 3750
Bakersfield, California, March 12, 1997 - Page 15 05!'
11. DEFERREDBUSINESS continued
Motion by Rowles to adopt Deferred
Business Items a. through f., with the
exception of Item b.
ACTION TAKEN
APPROVED
ordinance amending Section 15.80.190
of the Bakersfield Municipal Code
relating to parks and recreation land
in North Bakersfield Recreation and
Park District. (Ward 4) (first
reading 2/19/97)
McDermott encouraged staff to work
with the North Bakersfield Recreation
and Park District towards completing
some of the projects.
Motion by McDermott to adopt
ordinance.
ORD 3745
APPROVED
12. NEW BUSINESS
Ordinance amending Section 17.60.030
D. 1. of the Bakersfield Municipal
Code relating to notice for
comprehensive sign plans.
Development Services Director Hardisty
provided background information.
City Manager Tandy provided additional
comments.
FR
13. COUNCILSTATEMENTS
Carson thanked City Manager Tandy for
moving forward with her request to set a
meeting with Oleander and Sunset residents.
Carson requested a response from Public
Works regarding placing stop sign at 8th
and T Streets.
Salvaggio requested staff work with Karen
Mason, Desert Counseling, regarding funding
for remodeling at the facility at So. H.
and Houchin Road.
Bakersfield, California, March 12, 1997 - Page 16
13. COUNCIL STATEMENTS continued
Salvaggio requested Public Works inspect
Chester Avenue street condition in south-
bound lanes on Chester Avenue between
Brundage Lane and Richland.
ACTION TAKEN
Salvaggio requested Public Works expedite
the process of the Panama 10 curb, gutter,
street widening project with the Kern Rock
contract and contract change order.
Salvaggio advised of a letter to him from
Alan McCuan, CalTrans, dated February 28th,
regarding sound wall funding; and requested
Planning Department and Public Works look
into the feasibility of a noise barrier for
Smoke Tree Mobil Home Park at Hwy. 99 south
of White Lane.
McDermott provided an update on the
Centennial Celebration Foundation and the
purchasing of brick by the public for
Centennial Park.
Sullivan requested the tumble weeds on the
north side of Ridgeview High School on
Ryzona be removed.
Sullivan requested the pile of trash on the
north side of Ryzona be removed.
14. ADJOURNMENT
Motion by Rowles to adjourn at 10:17 p.m.
APPROVED
MAJYOR of the City ~/Bakersfield,
ATTEST:
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield,
MA297 .MIN
3/31/97 4: 31pm
the
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