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HomeMy WebLinkAbout04/22/1998 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 22, 1998 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 87 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles (seated at 6:50 p.m.), Carson, DeMond, Smith (seated at 6:10 p.m.), Sullivan (seated 5:25 p.m.) McDermott (seated at 6:35 p.m.), Salvaggio None ACTION TAKEN WORKSHOP a. Consolidated Maintenance District. Recreation and Parks Director Stan Ford provided information on the major highlights of FY 1998-99 assessments and provided written material. City Attorney Judy Skousen announced that Closed Session Item b. has been removed from the agenda. Motion by DeMond to recess to Closed Session at 5:25 p.m. APPROVED CLOSED SESSION Conference with Labor Negotiator §54957.6 for 1998 labor negotiations with City's Chief Negotiator, Bill Avery, regarding Police and Police Supervisory Units. Conference with Legal Counsel §54956.9(b) ~ Potential Litigation, Significant exposure to litigation. One potential case. Closed Session pursuant to §54957(a) Public Employee Performance Evaluation - City Attorney Motion by McDermott to recess from Closed Session at 6:55 p.m. COUNCIL GAVE INSTRUCTION TO NEGOTIATOR DELETED RECESS TO END OF COUNCIL MEETING APPROVED 88 Bakersfield, California, April 22, 1998 - Page 2 REGULAR MEETING INVOCATION by Bishop Wayland Gray of The Church of Jesus Christ of Latter-Day Saints 2. PLEDGE OF ALLEGIANCE by Mayor Price 3. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio None ACTION TAKEN CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1. PRESENTATIONS Presentation by Mayor Price of Retirement Plaque to Michael R. Kelly, Fire Chief, for 31.5 years of service to the City of Bakersfield. Fire Chief Mike Kelly accepted plaque and gift certificate and introduced his family. Presentation by Mayor Price of Proclamation to Susan Reep, Executive Director of Bakersfield AIDS Foundation, proclaiming May 4-10, 1998 as "Bakersfield AIDS Foundation Week", and in recognition of AIDS Walk 1998. Presentation by Recreation and Parks Director Stan Ford of plaque to Mayor Price and Council, designating Bakersfield as a Tree City USA. PUBLIC STATEMENTS Paul Mendivel spoke regarding Castro No. 4 Annexation. Tom Jadwin spoke regarding Castre No. 4 Annexation and provided written material. Richard Pellerin spoke in support of the City Attorney and opposition of Castro No. 4 Annexation. Bakersfield, California, April 22, 1998 - Page 3 89 PUBLIC STATEMENTS continued d. Brian Morrow spoke regarding City services. e. Barbara Fowler spoke regarding annexation process. f. Teri Bjorn, Attorney with Clifford and Brown, spoke on behalf of ENRON Oil and Gas, regarding the oil drilling ordinance. g. David Gilbert, spoke on behalf of the California Independent Petroleum Association, in support of the oil drilling ordinance. ACTION TAKEN 7. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. April 8, 1998 Council Meeting. Payments: Payments from March 28, to April 10, 1998 in the amount of $4,686,870.87; and Self Insurance payments from March 28, to April 10, 1998 in the amount of $68,859.72. Resolutions: Resolution of Intention No. 1172 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1998- 99 Budget; setting time and place for hearing public testimony and protests on the amount of street landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1173 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1998- 99 Budget; setting time and place for hearing public testimony and protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 9O Bakersfield, California, April 22, 1998 - Page 4 CONSENT CALENDAR continued Resolution approving Agent Designation for Office of Emergency Services. Resolution proposing Expansion No. 12 of the boundaries of the Southeast Metropolitan Bakersfield Enterprise Zone. (Ward 2) Resolution determining that a used compost turner cannot be obtained through the ususal bidding procedures and authorizing the Finance Director to dispense with bidding, and appropriate $200,000 fund balance to the Pubtic Works Operating Budget within the Equipment Management Fund. Resolution authorizing the negotiation and execution of an agreement for services regarding making the City Council Chambers more accessible to persons with disabilities and approving related actions and matters. Appropriate $100,000 Equipment Fund Balance to the Capital Improvement Budget within the Capital Outlay Fund. Appropriate $40,000 Council Contingency Fund Balance to the Capital Improvement Budget within the Capital Outlay Fund. i. Personnel Changes: Amendment No. 6 to Resolution No. 12-96 setting salaries and related benefits for employees of the Blue Collar Unit. Job Specifications: Building Maintainer I and Park Maintainer broadbanded into one Facility Work Classification. Reclassifications: Building Maintainer I to Facility Worker and Park Maintainer to Service Maintenance Worker. ACTION TAKEN RES 47-98 ROWLES ABSTAINED DUE TO CONFLICT RES 48-98 RES 49-98 RES 50-98 AGR 98-87 RES ~2-96(6) Bakersfield, California, April 22, 1998 ~ Page 5 9] CONSENT CALENDAR continued Amendments to Fiscal Year 1997-98 Operating, Capital Improvement Program, and Central District Development Agency Budgets for the period of June 30, 1997 through January 1, 1998. Amendment No. 1 to Resolution No. 110-97 and Amendment No. 1 to Resolution No. 111-97, adopting the Operating, Capital Improvement Program and Central District Development Agency Budgets. Agreements: k. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Syroli IV for Tract 5873 Phase 3, located at the southwest corner of Panama Lane and Monitor Street. (Ward 7) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5863 Phase C, located at the southeast corner of Ming Avenue and Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 5863 Phase D, located at the southeast corner of Ming Avenue and Buena Vista Road. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 5863 Phase G, located at the southeast corner of Ming Avenue and Buena Vista Road. (Ward 4) Agreement with the Center for the Blind and Visually Impaired for facility rehabilitation. (Ward 2) Professional Services Agreement with GRC Redevelopment Consultants, Inc. to assist in the formation of two redevelopment project areas, known as the Southeast Bakersfield Project Area and the Baker Street Project Area. (Wards 1, 2) Appropriate $40,000 Fund Balance and Loan Payments to the Economic and Community Development Department Operating Budget within the Capital Outlay Fund. ACTION TAKEN RES 110-97(1) 111-97(1) AGR 98-88 AGR 98-89 ROWLES ABSTAINED DUE TO CONFLICT AGR 98-90 AGR 98-91 ROWLES ABSTAINED DUE TO CONFLICT AGR 98-92 AGR 98-93 ROWLES ABSTAINED DUE TO CONFLICT AGR 98-94 AGR 98-95 AGR 98-96 AGR 98-97 Bakersfield, California, April 22, 1998 - Page 6 CONSENT CALENDAR continued Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District to provide engineering services for railroad facilities for the Bakersfield Amtrak Station. Amendment No. 3 to Agreement 95-135 with Brown, Armstrong, Randall & Reyes Accountancy Corporation for audit services. Bids: Award annual contract to Jim Alfter, Cement Contractor, not to exceed $52,400, for canal liner repair. Award contract to Kern County Construction Inc., $595,045, for construction of 4 concrete block pumphouses; installation of 4 deepwell turbine pumps and motors; 4 electrical panelboards; and miscellaneous piping and appurtenant facilities for Ashe Water Well Nos. CBK-32, CBK-37, CBK-38 and CBK-39, for the Water Resources Department. (Wards 4, 6) Award annual contract to Powerstride Battery Company, Inc., not to exceed $72,827.45 for automotive batteries. Award contract to Papas Painting, $32,995, for painting Fire Stations No. 4, 5, 6, 7 and 8. (Wards 1, 2, 3, 6, 7) Accept bid from Stage Right Corporation, $145,694.83, for portable staging and crowd control equipment for Centennial Garden and transfer $150,000 from Construction Contingency to the FF&E account. Miscellaneous: Contract Change Order No. 5, $44,646, to the Convention Center Expansion Project Agreement No. 97- 76 with PCL Construction for construction of concession/commissary plumbing. (Ward 2) Transfer $45,000 from Construction Contingency to the project account. Transfer $33,000 from the Capital Budget in the Capital Outlay Fund to the Capital Budget in the Arena Construction Fund. ACTION TAKEN AGR 98-98 AGR 95-135(3) CON 98-99 CON 98-100 CON 98-101 CON 98-102 ROWLES ABSTAINED DUE TO CONFLICT ROWLES ABSTAINED DUE TO CONFLICT Sale of used police sedans to County of Kern DELETED Department of Parks and Recreation. Bakersfield, California, April 22, 1998 - Page 7 CONSENT CALENDAR continued FY 98/99 Annual Action Plan of the Consolidated Plan 2000 (CDBG, HOME, and ESG). Accept $683,000 Blue Cross Premium Surplus Refund, transfer $546,000 (80%) to the Self-Insurance Fund and appropriate $137,000 (20%) to the Non-Departmental Budget within the General Fund. Transfer $5,000 from Council Contingency to the City Council Budget in the General Fund. Motion by DeMond to add Consent Calendar Item z. as an item that arose after the agenda was posted and requiring immediate action. Rowles announce abstention on Consent Calendar Items 8.f. due to source of income; Item k. 2. - 4. due to clients of firm; and Items u. and v., due to employer padicipation in project. Motion by Rowles to adopt Consent Calendar Items a. through z., with the exception of Items c., d., and z.; and the deletion of Item w. Resolution of Intention No. 1172 preliminarity adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1998- 99 Budget; setting time and place for hearing public testimony and protests on the amount of street landscaping assessments to be levied throughout the Consolidated Maintenance District. Resolution of Intention No. 1173 preliminarily adopting, confirming and approving Public Works Director's Report for the Consolidated Maintenance District and the 1998- 99 Budget; setting time and place for hearing public testimony and protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. Motion by DeMond to adopt Consent Calendar Items c. and d. DeMond recognized Sherylynn Davenport. 6. PUBLIC STATEMENTS continued h. Sherylynn Davenport spoke regarding the All American City and submitted written material. ACTION TAKEN APPROVED APPROVED APPROVED NS ROWLES MCDERMOTT 94 Bakersfield, California, April 22, 1998 - Page 8 CONSENT CALENDAR continued Transfer $5,000 from Council Contingency to the City Council Budget in the General Fund. Motion by DeMond to adopt Consent Calendar Item Z. ACTION TAKEN APPROVED HEARINGS Continued Public Hearing regarding resolution ordering the vacation of the public alley southwesterly of Sylvia Drive and South Chester Avenue, Parcel Map No. 5055. (Ward 1) Public Works Director Raul Rojas provided a brief update. Motion by Carson to adopt resolution. RES 51-98 APPROVED Resolution establishing Sewer User Charges for Fiscal Year 1998-99, remaining at 1997-98 rates, and providing for collection of sewer user charges by Kern County Tax Collector. Hearing opened at 7:56 p.m. No one spoke at hearing. Hearing closed at 7:56 p.m. Motion by Rowles to adopt resolution. RES 52-98 APPROVED General Plan Amendment No. P97-0216 and Sphere of Influence Amendment 1-97: The City of Bakersfield has requested to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to incorporate land use changes and specific plan documents approved by the County of Kern subject to LAFCO approval of Sphere of Influence Amendment 1-97. Bakersfield, California, April 22, 1998 - Page 9 HEARINGS continued Proposed amendment to the LAFCO Sphere of Influence to include territory west of the current sphere of influence line south of Seventh Standard Road to be coterminous with the boundary of the Metropolitan Bakersfield 2010 General Plan. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 7:59 p.m. Pauline Larwood, representing Sunridge Nurseries, introduced Jeffrey Stholer. Jeffrey Stholer, Sunridge Nurseries, spoke in opposition of territory being included into the Sphere of Influence. Michael Turnipseed, representing Coberly West Company, asked that the City also consider the portion north of Petro Road, east of Friant Kern Canal, south of Imperial Road and west of the Beardsley Canal to be included into the Sphere of Influence. Public portion of hearing was closed at 8:04 p.m. Motion by McDermott to continue hearing to the May 6, 1998 City Council meeting. d. General Plan Amendment No. P97-0643 (Ward 4): Castle & Cooke California, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from Open Space-Parks to Low Density Residential on 6.56 acres for property located approximately 200 feet west of the Buena Vista Canal and Old River Road, between White Oak Drive and Ridge Oak Drive (Parcel 1 ), and from Office Commercial and Open Space to Open Space-Parks on 29.82 acres for property located on the north side of the intersection of Stockdale Highway and Buena Vista Road, south of the Kern River and Parkway area (Parcel 2). ACTION TAKEN APPROVED Bakersfield, California, April 22, 1998 - Page 10 HEARINGS continued Castle & Cooke California, Inc. requests to amend the Kern River Plan Element to change the land use code from 6.25 Office Commercial, 8.5/2.5 Resource ManagementJFIood Hazard, and 8.1 Intensive Agriculture to 3.1 Public and Private Recreation Areas on 29.82 acres, located on the north side of the intersection of Stockdale Highway and Buena Vista Road, south of the Kern River. Rowles announced conflict of interest on Hearings Items d. and e. due to employer participation. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 8:08 p.m. No one spoke at hearing. Motion by McDermott to continue hearing to the May 6, 1998, City Council meeting. Buena Vista-Kern River Ranch Final Environmental Impact Report (Ward 4): Resolution making findings and certifying the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality act, the State CEQA Guidelines and the City of Bakersfield CEQA Implementation Procedures. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 8:10 p.m. No one spoke at hearing. Hearing closed at 8:10 p.m. ACTION TAKEN APPROVED AB ROWLES RES 53-98 Motion by McDermott to adopt resolution certifying APPROVED the Final Environmental Impact Report. AB ROWLES Bakersfield, California, April 22, 1998 - Page 11 97 HEARINGS continued General Plan Amendment/Zone Change No. P98-0060 (Ward 7): Atlantic Richfield Company requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from High Density Residential to Low Medium Density Residential on 46 acres, for property located south of White Lane and west of South H Street. Ordinance amending Title 17 of Bakersfield Municipal Code and Zoning Map No. 123-13 from Limited Multiple Family Dwelling R-3 (1,250 sq. ft. lot area per unit) and Limited Multiple Family Dwelling R-2 (2,500 sq. ft. lot area per unit) to One Family Dwelling, 6,000 sq. ft. lot size 46 acres, for property located south of White Lane and west of South H Street. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 8:22 p.m. Harold Robertson, Porter-Robertson Engineering, representing Atlantic Richfield Company, spoke in support of staff recommendation. Hearing closed at 8:23 p.m. Motion by Salvaggio to adopt resolution and first reading of ordinance. General Plan Amendment/Zone Change No. P97-0074 (Ward 4): Carosella Properties, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use and Circulation Elements from Resource Intensive Agriculture, minimum 20 acre parcel size to Low Density Residential on 267.41 acres, to General Commercial on 13.04 acres, to Open Space-Park on 10 acres, and from High Density Residential to Low Density Residential on 1.47 acres. Circulation Element change consists of deletion of the West Beltway Freeway alignment and adoption of a curvilinear collector alignment. ACTION TAKEN RES 54-98 FR APPROVED RES 55-98 98 Bakersfield, California, April 22, 1998 - Page 12 HEARINGS continued Carosella Properties, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Kern River Plan Element from 8.1 Intensive Agriculture to 5.3 Residential, maximum 7.25 units per net acre, on 267.41 acres and to 6.2 General Commercial on 13.04 acres. Catosella Properties, Inc. requests to amend the zoning ordinance and zoning maps from Agriculture 20 Acre minimum lot size, to One Family Dwelling on 267.41 acres and to Regional Commercial on 13.04 acres. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 8:29 p.m. Brian Morrow asked for clarification of project location. Roger Mcintosh, Martin Mcintosh Engineering, representing Carosella Properties spoke in support of staff recommendation. Hearing closed at 8:31 p.m. Motion by McDermott to adopt resolutions approving General Plan Amendment No. P97-0074 and first reading of ordinance. General Plan Amendment/Zone Change P96-0589 (Ward 4): Castle & Cooke California, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use and Circulation Elements consisting of changes from Resource Intensive Agriculture, minimum 20~acre parcel size to Low Density Residential on 412.50 acres to General Commercial on 36.18 acres, to Low Medium Density Residential on 198.07 acres, and to High Density Residential on 44.62 acres. Circulation Element changes consists of deletion of the West Beltway Freeway and adoption of a curvilinear collector alignment. ACTION TAKEN RES 56-98 FR APPROVED RES 57-98 Bakersfield, California, April 22, 1998 - Page 13 99 HEARINGS continued Castle & Cooke California, Inc. requests to amend the zoning ordinance and zoning maps consists of changing the existing zoning district from Agriculture 20-Acre minimum lot size to One-Family Dwelling on 412.50 acres, to Limited Multiple Family Dwelling on 242,69 acres and to Regional Commercial on 36.18 acres. Rowles announced conflict of interest due to applicant is source of income to employer. Development Services Director Jack Hardisty announced a typographical correction to title "High Density Residential it should read High-Medium Density Residential" and provided a brief update. Hearing opened at 8:41 p.m. Jeff Smith, Operations Manager for Stream Energy, spoke in opposition of staff recommendation and requested a middle buffer zone, to be allowed to do their development drilling, and provided written material. Roger Mcintosh, of Martin-Mcintosh representing Castle & Cooke, spoke in support of staff recommendation. Jeff Smith, Stream Energy, spoke in rebuttal in opposition of staff recommendation.. Roger Mcintosh, Martin-Mcintosh, spoke in rebuttal in support of staff recommendation. Hearing closed at 9:03 p.m. Motion by McDermott to adopt resolution approving General Plan Amendment No. 1=96-0589 and first reading of ordinance; with the amendment to change the designation to LR to the area south of Ming Avenue, and bring item back at the May 20, 1998, meeting. Mayor Price announced a recess at 9:25 p.m. and reconvened the meeting at 9:30 p.m. ACTION TAKEN FR APPROVED AB ROWLES 100 Bakersfield, California, April 22, 1998 - Page 14 HEARINGS continued General Plan Amendment No. P98-0146 Multi-Purpose Trail Plan (Ward 4): City of Bakersfield requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element by changing the Multi-Purpose Trail Plan, located along the west side of Jewetta Avenue and south of Noriega Road adjacent to the Rosedale School District Middle School site frontage. Development Services Director Jack Hardisty provided an update. Hearing opened at 9:31 pm. Roger Mcintosh, rapresenting Rosedale School District spoke in support of staff recommendation and provided a proposed design for the sidewalk/trail. Hearing closed at 9:34 p.m. Motion by McDermott to adopt resolution with the inclusion of the design of the sidewalk/trail crossing and signage. j. General Plan Amendment No. P97-0655 (Ward 6): Regional Mortgage Company, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from Low Density Residential to General Commercial on 17.95 acres for properly located at the southeast corner of Stine Road and Hosking Avenue. Development Services Director Jack Hardisty provided an update and recommends continuance to May 6, 1998. Hearing opened at 9:40 p.m. Ray Carpi, representing Regional Mortgage spoke in support of staff recommendation. Motion by Sullivan to continue hearing to the May 6, 1998, City Council Meeting. ACTION TAKEN RES 58-98 APPROVED APPROVED Bakersfield, California, April 22, 1998 - Page 15 HEARINGS continued General Plan Amendment/Zone Change No. P97-0888 (Ward 5): Westrust Asset Management, Inc. requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element from Public/Private School to General Commercial on 1.76 acres for property located north of Stockdale Highway approximately 1,000 feet west of California Avenue. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-34 from One Family Dwelling and Planned Commercial Development to Regional Commercial and Planned Commercial Development on 6.15 acres, for property located north of Stockdale Highway, approximately 1,000 feet west of California Avenue. Development Services Director Jack Hardisty provided an update. Hearing opened at 9:45 p.m. Roger Mcintosh, Martin Mcintosh Engineering, representing Westrust Asset Management, Inc. spoke in support of staff recommendation. Hearing closed at 9:46 p.m. Motion by Rowles to adopt resolution and first reading of ordinance. General Plan Amendment/Zone Change No. P97-0892. Riverlakes Ranch Specific Plan Amendment (Ward 4): Michael Dhanens, representing Fruitvale Properties LLC, requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use and Circulation Elements from OS-P, LR, SR, LMR, and GC to OS-P, LR, LMR, HMR, OC and GC on 560 acres, located south of Norris Road to Rosedale Highway between Calloway Drive and Fruitvale Avenue. The Circulation Element Amendment is to eliminate the collector designation on Riverlakes Drive, north of Olive Drive. ACTION TAKEN RES 59-98 FR APPROVED 102 Bakersfield, California, April 22, 1998 - Page 16 HEARINGS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 102-08, 102-17 and 102-21 by changing the zoning from One Family Dwelling, Limited Multiple Family Dwelling, Open Space and Neighborhood Commercial to Open Space, One Family Dwelling, Limited Multiple Family Dwelling and Neighborhood Commercial on 560 acres, located south of Norris Road to Rosedale Highway between Calloway Drive and Fruitvale Avenue. Resolution amending Riverlakes Ranch Specific Plan to modify the maps and the text within the plan, located south of Norris Road to Rosedale Highway between Fruitvale Avenue and Calloway Drive. Development Services Director Jack Hardisty provided an update. Hearing opened at 9:51 p.m. The following individuals spoke in opposition to staff recommendation: David Stanton, President of Riverlakes Master Home Owners Association and submitted petitions and written material; and Joseph Doty. McDermott asked Michael Dhanens, for the record, if he has absenced himself from all the decisions at the Planning Commission? Michael Dhanens responded yes. Michael Dhanens, representing Fruitvale Properties, spoke in support of staff recommendation and submitted written material. The following individuals spoke in rebuttal in opposition of staff recommendation: Joseph Dory, Brian Morrow and David Stanton. The following individuals spoke in rebuttal in support of staff recommendation: Michael Dhanens and Bonnie Godfrey, Sales and Marketing Director for Fruitvale Properties. ACTION TAKEN Hearing closed at 10:20 p.m. Bakersfield, California, April 22, 1998 - Page 17 lOB HEARINGS continued McDermott expressed concerns on issues regarding circulation, collectors, multi-family garages; recreational amenities; and requested staff research and bring back a recommendation regarding the access to the multi.family units; breaks in linear park; the proximity to intersections of Olive/Coffee and Hageman/Coffea, and initiate the proposal; also the addition of some HMR along Hageman, across from Centennial, next to sump. McDermott asked Paul Kay, Fruitvale Properties, to consider the concept of an on-site manager. Paul Kay, Fruitvale Properties agreed to consider this issue. McDermott requested the City Clerk include the letters from Fruitvale Properties, LLC, dated April 22, 1998, addressed to himself and David B. Stanton into the record. Motion by McDermott to approve the General Plan Amendment and give first reading of ordinance; adopt the resolution accordingly with the circulation element referred to Public Works Department regarding the following: modified collectors and conditions stated along Olive Drive; commencement to occur before entering into the first residential phase for both the tunnel and the extension; and requested staff initiate the study, and bring back a recommendation regarding access from the multi- family area to Coffee Road. Rowlea requested staff evaluate the issues of linear parks and access, bring these two issue together, evaluate the possibility of replacing some area currently designated for linear parks and access, and bring back for Council to make a full decision on the total issue. Motion by Salvaggio to reconsider the issue. ACTIONTAKEN FAILED NS CARSON DEMOND SMITH SAL VA GGIO APPROVED NS DEMOND SMITH Motion by McDermott to continue this item to May 6, APPROVED 1998. 104 Bakersfield, California, April 22, 1998 - Page 18 10. REPORTS None. Mayor Price announced a recess at 11:'10 p.m. and reconvened the meeting at 11:15 p.m. ACTION TAKEN 11. DEFERRED BUSINESS Clean-up legislation - Ordinance amending Sections 12.56.080(B) and 12.56.210(A) of the Bakersfield Municipal Code relating to parks. (First reading April 8, 1998) Motion by Rowles to adopt ordinance. ORD 3834 APPROVED Mayor Price recognized Brian Todd to speak regarding New Business Item 12.a. 6. PUBLIC STATEMENTS continued Brian Todd, representing Bakersfield Association of Realtors, spoke in support of the Site Plan Review Ordinance with regards to CEQA and stated the Building Industry Association of Kern County also shares their position on this. 12. NEW BUSINESS a. Site Plan Review and CEQA: Ordinance adding, amending and repealing various chapters and sections of Title 17 of the Bakersfield Municipal Code relating to Site Plan Review. Resolution amending the Local Implementation Procedures of the California Environmental Quality Act (CEQA). City Attorney Judy Skousen provided a brief update. Motion by Rowles to consider first reading of ordinance with one alternative for the final appeal to rest with the Planning Commission, and with the second alternative for final appeal to rest with the City Council. FR NAT Bakersfield, California, April 22, 1998 - Page 19 105 12. (Ward 4) NEW BUSINESS continued Ordinance adding Chapters 17.46, 17.47 and 15.67 to the Bakersfield Municipal Code relating to adoption of Drilling Island District, Petroleum Extraction Combining District, and Oil and Gas Production Zones. Motion by Rowles to adopt the Negative Declaration and first reading of ordinance. Ordinance adding Annexation No. 397 to Ward 4, located north of Brimhall Road, east of Calloway Drive. Motion by Rowles to recess to Closed Session at 11:25 p.m. to discuss Closed Session Item c. ACTION TAKEN FR APPROVED FR APPROVED CLOSED SESSION continued c. Closed Session pursuant to §54957(a) Public Employee Performance Evaluation - City Attorney Mayor Price reconvened the meeting from Closed Session Item c., at 12:05 p.m. Mayor Price announced Closed Session action on Item c. as reflected above. EVALUATION PROCESS CONTINUED 13. COUNCILSTATEMENTS McDermott questioned why the March, 1998 report from the Building Division made comparisons to the years 1995-96 and requested staff review their forms. McDermott requested staff check with Kern COG regarding the adjustments to the proposal for the future transportation issues prior to the next Kern COG meeting. McDermott announced Centennial update: May 7, 1998 - Recognition of all people who have served as elected officials for the City · Bricks need to be purchased by April 30, 1998 to guarantee they'll be in the Plaza on opening day. · June 13, 1998 - scheduled opening day. Salvaggio requested more information regarding the event "Centennial Heres" and requested Floyd Burnham be recognized and included on that list. 106 Bakersfield, California, April 22, 1998 - Page 20 13. COUNCIL STATEMENTS Salvaggio referred the issue of weeds at a vacant house at 2400 Woolard Drive and the 2500 block of Oakwood, to the Building Division. Salvaggio referred to staff the issue of property maintenance, junk vehicles and concrete wall at 1700 LeMay. Salvaggio thanked staff for response on the Panama Lane issue. 14. ADJOURNMENT Motion by Rowles to adjourn at 12:15 p.m. b~YOR BOB PRICE of the City of Bakersfield, CA ATTEST: oC/7e~ i~a~nkd~ rEsXfi eOi ~~Of the council ACTION TAKEN APPROVED