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HomeMy WebLinkAbout12/09/1987 MINUTES CCBakersfield, California, December 9, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., December 9, 1987. The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation by Councilmember Salvaggio. City Clerk Williams called the roll as follows: Present: Mayor Payne. Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, Salvaggio Absent: None MINUTES Upon a motion by Councilmember Childs, minutes of the Regular Meeting of November 18, 1987, were approved. REPORTS Upon a motion by Councilmember Peterson, Report No. 10-87 from the City Manager regarding Seating Arrangements for Council was moved forward on the Agenda. the City Manager Report No. 10-87 regarding Seating Arrange- ments reads as follows: As a result of the recent elections, staff has been directed by Vice-Mayor Pat Smith to reorganize the Council seating arrangements. The attached chart shows the seating arrangement which will be effec- tive beginning with the Council meeting of December 2. The arrangement will provide for the usual proximity of the Vice-Mayor to the Mayor and will allow the other Councilmembers to sit in concert with their Ward number designations. Councilmember Peterson made a motion to defer to the City Manager. Upon a motion by Councilmember Childs, the chart as out- lined in City Manager Report No. 10-87 was approved, to be made applicable following the recess after the presentations. (Reports are continued on Page 7.) PRESENTATION Mayor Payne read a proclamation declaring December, 1987, as Jim Woltz Month and Lewis Gamino Month in the City of Bakersfield. Councilmember Childs, Police Chief Price, Fire Chief Needham and City Manager Caravalho assisted in presenting both Mr. Woltz and Mr. Gamino with Eagle Plaques, Departmental Citation Plaques and Medals of Honor. Mayor Payne recessed the meeting at 7:20 p.m. The meet- ing was reconvened at 7:30 p.m. PUBLIC STATEMENTS Patrick Ryan, 3801 Pierce tion of an Off-Road Vehicle site in Green Tag Funds. Road, spoke regarding selec- Kern County and the use of Bakersfield, California, December 9, 1987 - Page 2 Linda Huffman, 2926 16th Street, spoke regarding the effects of Off-Road Vehicles on endangered species. Bob Hutchinson, 5404 Clair Street, spoke regarding an alternate site for Off-Road Vehicles. HEARINGS This is time set for a continued public hearing for hearing protests by any person owning real property within, or any registered voter residing within, territory designated as Berkshire No. 1, proposed to be annexed to the City of Bakersfield. This hearing has been continued from the meeting of November 18, 1987. Assistant City Manager Pulskamp gave background informa- tion regarding this hearing. Mayor Payne declared the protest hearing open for public participation. No protests being received, Mayor Payne closed the pub- lic portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Salvaggio, further action on the proposed Berkshire No. 1 Annexation was continued to the Council meeting of January 20, 1987, and the Council to initiate M-2 zoning on the property. This is the time s~t for a public hear- ing regarding applicant's appeal to the decision of the Planning Commission denying their request for a zone change concerning the following area: ZONE CHANGE #4645: GRACECO, representing Highland Assembly of God of Bakersfield, applied to change the zoning from Limited Multiple Family Dwelling-Architectural Design (R-4-D) to Planned Commercial Developmen~ (P.C.D.) on 2.29 acres located at 2660 Oswell Street, south of State Highway 178 and north of Bernard Street. Assistant City Manager Pulskamp gave background informa- tion regarding this hearing. cipation. Mayor Payne declared the hearing open for public parti- The following spoke in support of Graceco's appeal: David McWhorter, Graceco, Developer for the proposed East Hills Promenade, 8012 Dottie Court; Wendell Vincent, Church; Brad McNaughton, Curt Kunzman, Darrell Ward; James Poteet, Pastor of Highland Assembly of God 6813 Olympia Drive; 2216 1st Street; 328 Oleander Avenue; and Bakersfield, California, December 9, 1987 Page 3 Pat Ryan, 3801 Pierce Road. The following spoke in opposition to Graceco's appeal: Egan Gost, property owner in the 2660 Oswell Street area and real estate appraiser; and Duncan Buttinger, 642 Shanus Lane, Encinitas, represent- ing East Bakersfield Associates, owners of East Hills Mall Project. The following spoke regarding traffic safety in regard to the East Hills Mall Project and Graceco: Donald Fisher, Consulting Traffic Engineer with Donald Fisher and Associates, Van Nuys; and Company, follows: Daniel T. Felix, Vice-President of Development for the Hahn stated the Hahn Company's proposal for a compromise as 1. Connect the proposed development to the mall road; 2. Install the traffic signal at the relocated inter- section; 3. Provide full turning movements at the relocated in- tersection; 4. Coordinate the signals along Oswell; 5. Provide a right turn lane southbound on Oswell into East Hills Mall; and 6. Eliminate the double entry exit presently indicated and convert it to parking No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember Smith made a recommendation to go ahead, approve the negative declaration and give First Reading of Zoning Ordinance regarding Zone Change 4645 requesting PCD zoning, in- cluding the following Conditions of Approval, as amended, listed in Staff Memo of December 9, 1987, subject to prior approval of GPA 3-87, Segment IV: The conditions of approval for the Land Use Amendment 3-87, Segment IV, for this site requires that a traffic analysis be submitted and approved prior to the submittal of any development plans. Neither a new report nor an addendum to the previous report received October 21, 1987, has been submitted or reviewed for the new proposal. 2. Deleted, as agreed during Hearing on December 9, 1987. Primary access to and from Oswell Street is not desirable. The developer should obtain access rights to the East Hills Mall private access road. The access on Oswell Street shall be limited to one drive located at the south end of the lot frontage with development of access via the mall road. Bakersfield, California, December 9, 1987 - Page 4 To mitigate traffic concerns on Oswell Street the installation of a signal at the intersection of Oswell and the East Hills Mall private road and access from the project site to the private road may be required. A proposal for a traffic signal is being investigated at this time through a traffic study by East Hills Mall's traffic engineer to determine the positive or negative effect of such signal to the traffic on Oswell Street. The devel- oper and GRACECO shall each post security acceptable to the City in the amount of $12,500 (total of $25,000) for the proportionate share of the instal- lation of the signal and median modification and the cost to relocate the proposed drive approach to the south end of the development. The developer and GRACECO shall each also post security in the amount of $5,000 (total of $10,000) for the proportionate share of the cost of the East Hills Mall Road and right turn lane, to an access to the project (GRACECO) site off of said road. Fire lane on south side of Building "B" shall be posted as Fire Lane with no loading or parking allowed, and shall have appropriated signage and pavement markings. 6. Deleted, as agreed during Hearing on December 9, 1987. Upon final grading of the commercial property, a 6-foot (six) high continuous masonry wall shall be constructed on the southwest and western edges of the property (adjacent to condominiums and a church). Watering techniques will be utilized dur- ing all grading to reduce noise and dust problems associated with the proposed retail development. No building permit for commercial property (except for masonry wall) shall be issued until said masonry wall is completed. All air conditioning units, blowers, etc., on com- mercial property shall be arranged and designed to shield noise and view from all adjacent streets and residential structures. All lights (indoor and outdoor) along the south and west property lines visible from residential prop- erty shall be limited in mounting height to a maxi- mum of 8-foot (eight) from the ground level and shall be shielded from adjacent residential uses. 10. Refuse containers shall not be placed within 24 feet of residential property and shall be shielded from view. 11. Northbound to westbound turn movements onto the site shall be restricted. For the record, David McWhorter of Graceco stated that, based upon the compromise offered by the Hahn Company, Graceco would be willing to share half of the cost of the relocated traf- fic signal. Bakersfield, California, December 9, 1987 - Page 5 Assistant City Manager Pulskamp clarified that all the Conditions of Approval listed in the staff memo of December 9, 1987, would remain the same with the three exceptions as follows: Number two would be eliminated; Number four, would reflect the sharing of costs; and Number six would be eliminated. Councilmember Smith's motion to go ahead, approve the negative declaration and give First Reading of a Zoning Ordinance regarding Zone Change 4645 requesting PCD zoning, including the Conditions of Approval, as amended, subject to prior approval of GPA 3-87, Segment IV was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson Mayor Payne recessed the meeting at 9:25 p.m. The meet- ing was reconvened at 9:35 p.m. This is the time set for public hearing on an appeal by ROSEMEAD SANITARIUMS, to the decision of the Board of Zoning Adjustment denying an application for a Conditional Use Permit to allow the addition of a 68 room (136 bed) retire- ment center to an existing 184 bed con- valescent hospital and to allow the reduction of parking from 206 spaces to 142 spaces in an R-1 (One Family Dwell- ing) Zone on that certain property commonly known as 329 Real Road. Assistant City Manager Pulskamp gave background informa- tion regarding this hearing. Mayor Payne declared the hearing open for public par- ticipation. Christopher Monroe, Administrator of Parkview Real, 329 Real Road, representing Rosemead Sanitariums, spoke in support of the appeal by Rosemead Sanitarium. ~ob Abbott, 3616 Greenleaf Court, spoke in opposition to the appeal by Rosemead Sanitarium. Christopher Monroe spoke in rebuttal in support of the appeal by Rosemead Sanitarium. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon a motion by Councilmember Peterson, the decision of the Board of Zoning Adjustment to deny an application for a Condi- tional Use Permit for Rosemead Sanitariums was upheld by the fol- lowing vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Bakersfield, California, December 9, 1987 - Page 6 This is the time set for public hearing on an appeal by BERT JUSTUS, to the de- cision of the Board of Zoning Adjustment denying his application of modification for the elimination of the required 10 foot side yard setback and the reduction of the rear yard setback from 5 feet to 2 feet in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 2600 Sunset Street. Assistant City Manager Pulskamp gave background informa- tion regarding this hearing. Mayor Payne declared the hearing open ~or public par- ticlpation. Bert Justus, 2600 Sunset Street, spoke in support of his appeal and handed out material for the Council. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion o~ the hearing for Council deliberation and action. Councilmember DeMond made a motion to uphold the appeal by Bert Justus to the decision of the Board of Zoning Adjustment including the following modifications: 1. Placing the eves back to the fence line on the alley and to the first post on the Pine Street side; and 2. Pursue a spring action on the 8-foot portion of the gate; and to make the following findings: 1. That the granting of this modification will not be materially detrimental to the public welfare nor will it be injurious to property or improve- ments in the zone or vicinity in which the prop- erty is located. The granting of such modification is necessary to secure appropriate improvement or improve- ments on the lot or lots. The granting of such modification is not incon- sistent with the purposes and intent of Title 17 of the Bakersfield Municipal Code. This motion was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson, This is the time set for public hearing on an appeal by CLIFFORD E. MEEKS, to the decision of the Board of Zoning Adjustment denying his application of modification for the elimination of the required off-street parking in an R-1 (One Family Dwelling) Zone, on that certain property commonly known as 2805 Akers Road. Assistant City Manager Pulskamp gave background informa- tion regarding this hearing. Bakersfield, California, December 9, 1987 - Page 7 Mayor Payne declared the hearing open for public par- ticipation. Herb Roberts, 225 Chester Avenue, spoke in support of the appeal of Clifford Meeks. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember McDermott made a motion to uphold the appeal by Clifford E. Meeks to the decision of the Board of Zoning Adjustment including the following modifications: That the granting of this modification will not be materially detrimental to the public welfare nor will it be injurious to property or improve- ments in the zone or vicinity in which the prop- erty is located. The granting of such modification is to secure appropriate improvement or ments on the lot or lots. necessary improve- The granting of such modification is not incon- sistent with the purposes and intent of Title 17 of the Bakersfield Municipal Code. Upon a motion by Councilmember McDermott, the call for the question was approved. Councilmember McDermott's motion was approved by the ~ollowing vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: Councilmember Ratty Absent: None Peterson, Councilmember Childs clarified his vote, stating that he would like the Urban Development Committee to take into considera- tion the many families who have bought homes with converted gara- ges without prior knowledge of the zoning ordinance. Councilmember Ratty clarified his vote, stating that he feels the issue of converted garages should be handled in the Urban Development Committee and a consistent ruling should be established. REPORTS Councilmember McDermott, Chairperson of the Urban De- velopment Committee, read Urban Development Committee Report No. 26-87 regarding Off-Road Vehicle Use as follows: On December 4, 1987, the Urban Development Committee met to discuss the issue of the prohibition of motor vehicles within the primary and secondary floodplains o~ the Kern River. It was determined at this meeting that the draft ordinance regarding this subject is in conformance with the Kern River Plan. Bakersfield, California, December 9, 1987 - Page 8 As a result of this finding, it is recommended that the City Council: 1) Accept this report; (2) Adopt the attached ordinance regarding off-road vehicle use and make it effective February 1, 1988; (3) Direct staff to provide assistance to the group of people trying to locate a site for off-road vehicle use; and (4) Authorize up to $40,000 that the City Manager can use for enforcement of this ordinance. Adoption of Ordinance No. 3126 of the Council of the City of Bakersfield add- ing Chapter 10.82 to the Bakersfield Municipal Code relating to prohibition of motor vehicles within primary and secondary floodplains of the Kern River. Upon a motion by Councilmember McDermott, the recommen- dations of Urban Development Committee Report No. 26-87 were im- plemented, including adoption of Ordinance No. 3126 of the Council of the City of Bakersfield, by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, CONSENT CALENDAR The following items were listed on the Consent Calendar: so Communication from the Bakersfield Art Founda- tion, P.O. Box 191[, dated November 23, 1987, requesting to meet with the Auditorium and Community Services Committee regarding modi- fication of the lease agreement to run the Cunningham Art Gallery. (RECEIVE AND REFER TO THE AUDITORIUM AND COMMUNITY SERVICES COMMITTEE) Communication from Helen Robinson, 601 Townsley Avenue, and Don Andreotta, 507 Townsley, dated November 21, 1987, request- ing abandonment of a 30 foot easement at 601 and 507 Townsley Avenue. (RECEIVE AND REFER TO THE PUBLIC WORKS DEPARTMENT) Communication from Simpson VanCuren, Inc., 2210 Chester Avenue, Suite C, dated Novem- ber 30, 1987, requesting annexation of approximately 29 acres of industrial pro- perty at the southwest corner of Burr Street and Gibson Street. (RECEIVE AND REFER TO THE PLANNING COMMISSION FOR STUDY AND RECOMMENDATION) Upon a motion by Councilmember Ratty, Items a, b and c of the Consent Calendar were adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, $alvaggio Noes: None Absent: None Peterson, ACTION ON BIDS Upon a motion by Councilmember Ratty, low bid from Central Valley Trucks in the amount of $78,212.84 for a Refuse Truck (replacement) for the Sanitation Division was accepted and all other bids rejected. Bakersfield, California, December 9, 1987 - Page 9 Upon a motion by Councilmember Childs, 1 item was award- ed to Signal Control Company in the amount of $64,130.00, 1 item to Traffic Control Technologies in the amount of $19,938.60, and 3 items to Safetran Traffic Systems in the amount of $13,557.08, for Traffic Controllers and Cabinets for Public Works, and all other bids were rejected. Upon a motion by Councilmember Peterson, low bid from Bakersfield Tractor in the amount of $12,079.76 for One Small Path Sweeper for Public Works was accepted and all other bids rejected. Upon a motion by Councilmember Childs, 2 items were awarded to Schwebel Petroleum in the amount of $17,373.40, and 6 items to Wholesale Fuels, Inc. in the amount of $9,619.03, for Annual Contracts for Lubricating Products for Public Works, all other bids rejected and the Mayor authorized to execute Contract Nos. 87-297 and 87-309. Upon a motion by Councilmember DeMond, 27 items were awarded to Canoga Cameras Corporation in the amount of $18,019.60, 11 items to Imaging Products International in the amount of $13,574.39, for Annual Contracts for Camera Film Stock for Police Department, all other bids rejected and the Mayor authorized to execute Contract Nos. 87-298 and 87-310. Councilmember Peterson made a motion to rescind an award to Cal Gas Bakersfield, and award a contract to Suburban/Vangas in the amount of $4,452.00 and authorize the Mayor to execute the Contract. Upon a substitute motion by Councilmember McDermott, the Annual Contract for Propane for Ag Water was referred to staff for recommendation. Upon a motion by Councilmember McDermott, low bid from Bakersfield Concrete & Construction in the amount of $38,180.15 for Option "B" for construction of median modifi- cations on Ming Avenue at Akers Road and Lymric Way was accepted, all other bids rejected, the transfer of funds from the miscellaneous channelization account was authorized, and the Mayor was authorized to execute Contract No. 87-299 Upon a motion by Councilmember Smith, low bid from Tri-County Roofing in the amount of $5,000 for the base bid for Roof Repair at Fire Station No. 5 accepted and the Mayor was authorized to execute Contract No. 87-300. Adoption of Resolution No. 231-87 of the Council of the City of Bakersfield determining that certain Computer Soft- ware can be reasonably obtained ~rom only one vendor, Prime Computer, Inc., and authorizing the Finance Director to dispense with bidding therefor, not to exceed $40,360.00 Councilmember Childs stated his concerns regarding sole source bids for computer software and requested a report from staff with possible options to this situation. Upon a motion by Councilmember Childs, Resolution No. 231-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Salvaggio None Councilmember McDermott Smith, Ratty, Peterson, Bakersfield, California, December 9, 1987 - Page 10 295 DEFERRED BUSINESS Adoption of Ordinance No. 3127 of the Council of the City of Bakersfield Amending Section 2.04.070 to the Bakers- field Municipal Code relating to the order of business. This Ordinance was given first reading at the meeting of November 18, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3127 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Adoption of Ordinance No. 3128 of the Council of the City of Bakersfield Amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regard- ing prezoning of property known as Berkshire No. 3 Annexation. This Ordinance was given first reading at the meeting of December 2, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3128 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, Adoption of Ordinance No. 3129 of the Council of the City of Bakersfield Amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Panama No. 8 Annexation. This Ordinance was given first reading at the meeting of December 2, 1987. Upon a motion by Councilmember Salvaggio, Ordinance No. 3129 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, $alvaggio Noes: None Absent: None Peterson, NEW BUSINESS City Brochure. Upon a motion by Councilmember McDermott, the City Brochure was referred to the Budget and Finance Committee. Bakersfield, California, December 9, 1987 - Page 11 COUNCIL STATEMENTS Councilmember Childs stated his concerns regarding the Central District Development Agency and requested the following items of information from staff: 1. The turnover rate of the CDDA members; 2. The status of the CDDA budget; 3. Allocation of the CDDA monies; 4. Whether the situation of the Downtown Business Association has been resolved, and if so, how; 5. Any development problems with the Clarion Hotel since the takeover of the CDDA; 6. Status of the City Center Project, with a possible workshop with the Council and the CDDA with a com- prehensive update; 7. The Council's role in condemnation actions; and 8. Property that has been condemned by the Agency. Councilmember Smith stated that a request has been made for the Council to bring canned food for the Can Tree Drive. Councilmember Smith presented communication from Teri Bjorn, President of the Kern River Foundation, regarding a $2,600 donation to the City to be used toward the cost of construction of a parking lot adjacent to Rancheria Road and the Kern River. Councilmember Childs stated that he would like a report from staff at the Council meeting of December 16, 1987, regarding his concerns about the Central District Development Agency. Councilmember Salvaggio received clarification froin City Manager Caravalho that the $2,600 received from the Kern River Foundation will be used for parking along the Kern River access. Councilmember Salvaggio placed the name of Ken Vetter into nomination for Police Civil Service Commission and requested the appointment be placed on the Agenda for December 16, 1987. Councilmember Salvaggio requested that Linda Laterneau's tree problem be placed on the Decelnber 16, 1987, agenda for refer- ral to the Auditorium and Community Services Committee. CLOSED SESSION Upon a motion by Councilmember Ratty, Mayor Payne recessed the meeting to a Closed Session pursuant to Government Code Section 54957 regarding Personnel Matters - City Attorney's Office at 11:05 p.m. Mayor Payne stated that the Council has authorized the City Manager to utilize outside attorneys to establish an examina- tion process for City Attorney. Bakersfield, California, December 9, 1987 - Page 12 ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Ratty, the meeting was adjourned at 12:10 a.m. ATTEST: MAYOR of the City o~ Ba~kersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council oC the City of Bakersfield, California df Bakersfield, California, December 9, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Council Chambers of City Hall at 5:20 p.m., December 2, 1987. The meeting was called to order by Mayor Payne. Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Ratty, Peterson, McDermott, $alvaggio FINANCING CAPITAL IMPROVEMENTS A presentation was made regarding an overview of the existing Operating and Capital Improvements Budget for 1987-88. A presentation was made regarding a prioritized list of needed capital improvements and possible financing mechanisms. COUNCIL BUDGET SURVEY A presentation was made on the Budget Priorities survey filled out by Councilmembers and Department Heads. ADJOURNMENT There being no further business to come before the Coun- cil, Mayor Payne adjourned the meeting at 6:20 p.m. ATTEST: MAYOR ot the City o~ Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California df