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HomeMy WebLinkAbout05/06/1998 MINUTES CC107' BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 6, 1998 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Price, Councilmembers Rowles (seated at 5:30 p.m.), DeMond, Smith (seated at 5:27 p.m.), McDermott, Salvaggio Councilmembers Carson, Sullivan ACTION TAKEN WORKSHOP a. City Manager Report No. 3-98 regarding Overview of the Proposed FY 1998-99 Budget. City Manager Alan Tandy made introductory comments and introduced Assistant City Manager Dolores Teubner, Budget Team Leader. Assistant City Manager Dolores Teubner provided a brief overview of the proposed FY 1998-99 Budget, and introduced Assistant to City Manager Darnell Haynes. Assistant to City Manager Darnell Haynes provided a brief overview of the budget distribution. Motion by Rowles to recess to Closed Session at 5:40 p.m. APPROVED CLOSED SESSION Conference with Real Property Negotiator, Don Anderson, pursuant to Government Code §54956.8 regarding relocation of the Amtrak Station to 601,615, 617, 619, 629, 701 16~h Street, 1600 T Street, and railroad property between Q and T Streets, Bakersfield, California. INS TRUCTION TO REAL PROPERTY NEGOTIATOR 108 Bakersfield, California, May 6, 1998 - Page 2 CLOSED SESSION continued Conference with Legal Counsel § 54956.9(a) - Existing Litigation, Palm/Olive Concerned Citizens, etc., et al. vs City of Bakersfield, et al.; Kern County Superior Court Case No. 236109 RA Conference with Legal Counsel §54956.9(a) - Existing Litigation, City vs. Kenko, et al.; Santa Barbara County Superior Court Case No. SB219946 Conference with Legal Counsel §54956.9(c) - Potential Litigation, Initiation of litigation - One potential case. ACTION TAKEN COUNSEL PROVIDED UPDATE COUNSEL PROVIDED UPDATE INSTRUCTION TO COUNSEL Closed Session pursuant to §54957(a), Public Employee Performance Evaluation - City Attorney RECESSED TO END OF COUNCIL MEETING Motion by Rowles to recess from Closed Session at 6:55 p.m. APPROVED REGULAR MEETING 1. INVOCATION by Richard Williams of First Assembly of God Church PLEDGE OF ALLEGIANCE by Councilmember DeMond 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 Pages 1 and 2, and continuation of Closed Session Item e. to end of meting. Mayor Price announced Hearings Item 9.b. 1 has been withdrawn by the applicant and will not be heard tonight. Bakersfield, California, May 6, 1998 - Page 3 PRESENTATIONS Presentation by Mayor Price of proclamation to Public Works Director Raul Rojas, proclaiming May 17-23, 1998 as "National Public Works Week". Presentation by Mayor Price of proclamation to Water Resources Director Florn Core, proclaiming May, 1998, as "Water Awareness Month". City Manager Alan Tandy introduced Ron Fraze as the new Fire Chief. ACTION TAKEN 109 PUBLIC STATEMENTS Carolyn Rudzinski, Kern County Water Agency, spoke regarding the annual "Fun Run/Walk for Water" event to be held on Saturday, May 16th, 1998 at Beach Park and presented the Council with T-shirts. The following individuals spoke regarding annexations: Edith Rogers; Anna Slack; Richard Pellerin; Christy Horne and requested written notified by mail of any proposed annexation; Barbara Fields; Barbara Fowler; Brian Morrow; Harold Sugden; and Becky Kaiser. The following individuals spoke regarding Adult Entertainment: Nancy Veroammen; Rosalyn Strode; Robert Owen; Ray Vercammen and Debbie Williams. APPOINTMENTS One appointment to the Citizens' Community Services Advisory Committee. Motion by Smith to appoint Paul Cato, term expiring January I, 2001. APPROVED CONSENT CALENDAR Minutes: a. April 22, 1998 Council Meeting. 110 Bakersfield, California, May 6, 1998- Page 4 CONSENT CALENDAR continued Payments: Payments from April 11, to April 24, 1998 in the amount of $5,290,582.44; and Self Insurance payments from April 11, to April 24, 1998 in the amount of $87,202.18. Resolutions: Resolution of Intention No. 1174 preliminarily adopting, confirming and approving Public Works Director's Report for the Traffic Signal Maintenance Districts and the 1998- 99 Budget; setting time and place for hearing public testimony and protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Ward 4) Resolution establishing Maintenance District No. TS-3, Rosedale, Jet Way, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Resolution adding territow, Area 1-13, Calloway S/Meacham, to the Consolidated Maintenance District and adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution supporting the addition of a fifth daily round trip train on AMTRAK's San Joaquin Corridor. Agreements: g. Tract Maps/Improvement Agreements: (Ward 4) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5426 Phase G, located north of Ming Avenue and West of Old River Road. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5835 Phase C, located north of Harris Road and west of Ashe Road. Final Map and Improvement Agreements with Coleman Homes, Inc., for Tract 5891, located west of Coffee Road and south of Hageman Road. ACTION TAKEN RES 61-98 RES 62-96 RES 63-98 ROWLES ABSTAINED DUE TO CONFLICT AGR 96-103 ROWLES ABSTAINED DUE TO CONFLICT AGR 98o104 AGR 98-105 AGR 98-106 Bakersfield, California, May 6, 1998 - Page 5 CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 97-234 with Daley & Heft for legal services. Appropriate $30,000 fund balance to the Public Works Capital Improvement Budget within the Sewer Enterprise Fund. Agreement with Kaufman, Fox & Sohagi, $50,000, to provide legal services for research regarding the proposed amendment to the ordinance on adult entertainment. Transfer $50,000 from Council Contingency to the City Attorney's Operating Budget in the General Fund. Bids: Award contract to McKee Electric Company, $73,808, for traffic signal and lighting system installation on White Lane and Mountain Vista Drive. (Ward 4) Award contract to McKee Electric Company, $68,885, for traffic signal and lighting system installation at California Avenue and N Street; and modify appropriations to maximize State and Local Transportation Partnership Program Reimbursement for the Truxtun Avenue/Oak Street and California Avenue/Oak Street widening projects: (Wards 1, 2) Appropriate $135,000 fund balance and $117,280 fund balance to the Capital Improvement Budget within the Calloway Road Bridge Bond fund and Transportation Development Fund, respectively, and reduce appropriations $252,280 within the Gas Tax fund for the Truxtun Avenue/Oak Street and California Avenue/Oak Street widening projects. (Wards 2, 5) Appropriate $125,000 fund balance to the Capital Improvement Budget within the Gas Tax fund and reduce appropriations $125,000 within the Calloway Road Bridge Bond fund for the Traffic Signal and Lighting System Installation on California Avenue at N Street. (Ward 2) ACTION TAKEN AGR 97-234(1) AGR 98-107 AGR 98-108 AGR 98-109 Bakersfield, California, May 6, 1998 - Page 6 CONSENT CALENDAR continued Miscellaneous: Appropriate $500 donation from San Joaquin Sports Divers, Inc. to the Recreation Division's Operating Budget within the General Fund for water safety equipment. Appropriate $210,000 Fund Balance to the Capital Improvement Budget within the Coffee Road Bond Fund for Eminent Domain proceedings. n. Bakersfield Centennial Garden: (Ward 2) Contract Change Order No. 6 to Agreement No. 97-76 with PCL Construction, for construction of electrical within kitchen/concessions, $192,708; Upgrade of suite finishes, $42,283; Procurement of platform seating, $61,084; Furnishing and installing of facility signage, $170,162; Upgrade Jet Ice making system, $10,000. Transfer $455,000 Construction contingency to the Arena Project account. Amendment No. 1 to Agreement No. 97-278 with Rossetti & Associates Architects, $11,500, for additional design and specification services with respect to the pedestrian overcrossing for Centennial Garden Arena. (Ward 2) Transfer of $35,000 from Council Contingency to the Non-Departmental Budget in the General Fund for a one- time City contribution to purchase a new SPCA animal control truck. Rowles announced conflict of interest on Consent Calendar Items g. 1. and 2. due to source of income to employer; and Item n. 1. and 2., and Item o. due to employer participation in process. ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT ROWLES ABSTAINED DUE TO CONFLICT AGR 97-278(1) Motion by Rowles to adopt Consent Calendar Items a. APPROVED through p., with a correction to Item n. Bakersfield, California, May 6, 1998 - Page 7 HEARINGS a. Park Land Exchange and Continued General Plan Amendment No. P97-0643: (Ward 4) ACTION TAKEN ROWLES ABSTAINED DUE TO CONFLICT Amendment No. 1 to Agreement No. 96-81 with Castle & Cooke California for land exchange. 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. 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 Item a. due to source of income to employer. Development Services Director Jack Hardisty provided a brief overview. Hearing opened at 7:45 p.m. The following individuals spoke in support of staff recommendation: Roger Mcintosh representing Castle & Cooke California; and Rich O'Neal representing Kern River Parkway. Hearing closed at 7:49 p.m. AGR 96-81(1) DEED 4880 RES 65-98 RES 64-98 Motion by McDermott to approve the agreement and APPROVED adopt the resolutions. AB ROWLES Bakersfield, California, May 6, 1998 - Page 8 HEARINGS continued Continued 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 property located at the southeast corner of Stine Road and Hosking Avenue. ACTION TAKEN DELETED Continued General Plan Amendment No. P97-0216 and Sphere of Influence Amendment No. 1-97: The City of Bakersfield requests 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 No. 1-97. Proposed amendment to the LAFCO Sphere of Influence to include territory west of the current sphere of influence line. Development Services Director Jack Hardisty provided a brief overview. Hearing opened at 7:56 p,m. Mike Turnipseed, representing Coberly West Company, spoke in support of staff and Urban Development Committee recommendation. Hearing closed at 7:57 p.m. Motion by McDermott to adopt the resolution. RES 66-98 RES 67-98 APPROVED 10, REPORTS None. 11. Bakersfield, California, May 6, 1998 - Page 9 DEFERRED BUSINESS a. Site Plan Review and CEQA: Ordinance adding, amending and repealing various chapters and sections of Title 17 of the Bakersfield Municipal Code regarding site plan review. (First Reading April 22, 1998) Resolution amending the Local Implementation Procedures of the California Environmental Quality Act. City Attorney Judy Skousen provided a brief overview. Motion by McDermott to adopt Deferred Business Items a. through h. except g. Motion by DeMond to adopt Version B, to include both boards to review. ACTION TAKEN ORD 3835 RES 68-98 WITHDRAWN APPROVED Clean-up Legislation -Four Ordinances amending the Bakersfield Municipal Code: Section 17.04.320, Guesthouses; Section 17.04.420, Front lot lines; Subsection D of Section 17.10.020, One-family dwelling zones; and Subsection A.1 of Section 17.58.040, Rules for calculation of required off-street parking. (First Reading March 25, 1998) Ordinance adding Chapters 17.46, 17.47 and 15.67 to the Bakersfield Municipal Code relating to the adoption of Drilling Island District, Petroleum Extraction Combining District, and Oil and Gas Production Zones. (First reading April 22, 1998) Ordinance adding Annexation No. 397 to Ward 4, located north of Brimhall Road, east of Calloway Drive. (First reading April 22, 1998) (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning from One Family Dwelling and Planned Commercial Development to Regional Commercial and Planned Commercial Development on 6.15 acres, for property located nodh of Stockdale Highway approximately 1,000 feet west of California Avenue. (First reading April 22, 1998) ORD 3836 ORD 3837 ORD 3838 ORD 3839 ORD 3840 ORD 3841 ORD 3842 116 11. Bakersfield, California, May 6, 1998- Page 10 DEFERRED BUSINESS continued Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-13 by changing the zoning 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 on 46 acres, for property located south of White Lane, west of South H Street. (First reading April 22, 1998) (Ward 7) Motion by McDermott to adopt Deferred Business Items b. through f. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 122-01 and 122.12 by changing the zoning from Agriculture to One-Family Dwelling on 267.41 acres and to Regional Commercial on 13.04 acres located between the Kern River and Stockdale Highway, the Kern River Canal, Buena Vista Road and Allen Road, extended (Zone Change P97- 0074). (First reading April 22, 1998) (Ward 4) Rowles announced conflict of Interest due to source of income to employer. Motion by McDermott to adopt 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 generally between Calloway Drive and Fruitvale Avenue. The Circulation Element Amendment is to eliminate the collector designation on Riverlakes Drive, north of Olive Drive. 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. ACTION TAKEN ORD 3843 APPROVED ROWLES ABSTAINED DUE TO CONFLICT ORD 3844 APPROVED AB ROWLES RES6~98 FR 11. Bakersfield, California, May 6, 1998- Page 11 DEFERRED BUSINESS continued Resolution amending the Riverlakes Ranch Specific Plan to modify the maps and text within the plan, located south of Norris Road to Rosedale Highway generally between Fruitvale Avenue and Calloway Drive. ACTIONTAKEN RES 70-98 6. PUBLIC STATEMENTS continued Paul Kay, representing Fruitvale Properties and Riverlakes Ranch spoke in support of staff recommendation and requested two changes to the amendment: 1) The mini-park located at the southwest corner of Olive Drive and Coffee Road shall remain OS/OS-P, rather than change to residential use; 2) the 4.8 acre area adjacent to the golf course entrance, which is already being set aside as Open Space, shall not have more than 20 percent of its area used for parking; and submitted written material. David Stanton, President of Riverlakes Ranch Master Association, spoke in support and confirmed an agreement on behalf of Fruitvale Properties and the Board of Riverlakes Ranch Master Association. Development Services Director Jack Hardisty provided a brief update. McDermott clarified conditions to include the issue on the pocket park requirement; no more than 20% parking in the area adjacent to the golf course entrance; interior circulation issue in the area north of Olive Drive and the area west of Riverlakes to be worked out at the time of subdivision; and the timing of the tunnel under Olive Drive and the extension of Olive Drive. Motion by McDermott to adopt the resolution and give first reading to the ordinance, including amendments. APPROVED 12. NEW BUSINESS Kern County referral amending the Kern River Plan Element by changing the land use from Service Industrial and Resource Management to Residential Minimum 2.5 acres/unit; Zone change from Medium Industrial Precise Development Combining, Natural Resources - 20 Acres to Limited Agriculture with seismic, geologic and floodplain overlays and a conditional use permit to allow an equestrian boarding and training facility. Project is on 32 acres located approximately one mile east of Manor Street, south of Beardsley Canal, in the North Bakersfield area. 118 12. Bakersfield, California, May 6, 1998 - Page 12 NEW BUSINESS continued Motion by DeMond to authorize the Mayor to sign and send letter to the Kern County Board of Supervisors not objecting to the change. ACTION TAKEN APPROVED Ordinance adding Annexation No. 395 to Ward 4, located south of Olive Drive, between Fruitvale Avenue and Coffee Road; south of Rosedale Highway, between Jewetta Avenue and Allen Road; and at the northwest corner of Jewetta Avenue and Brimhall Road. (Ward 4) FR 13. COUNCIL STATEMENTS McDermott announced Centennial updates: · May 7, 1998: Tribute to Bakersfield Elected Officials, 7:00 p.m., at the Market Place; · May 17, 1998: Final symphony of the year for the Centennial Celebration; · May 19, 1998 - Education day, tribute to Kern County schools, 8 a.m - 9 p.m., at the Convention Center; · May 23, 1998 - History Day at the Kern County Museum. DeMond referred to the Police Department the issue of parking tickets at Rick's Recycling on California and Q Street. DeMond referred to the Police Department the issue of increased activity at the Tropicana Motel on Union Avenue. DeMond referred to Public Works Department the issue of barricading areas prone to flooding, like the H Street Underpass, and requested Public Works Director Raul Rojas call the citizen and explain the steps taken by the City to prevent problems during those times. Salvaggio thanked the Building Division for responding to 2409 Woolard Drive and requested the Building Division confirm that the home is adequately secured; also requested staff contact Mr. Kelly or Kathy at 322-5936, Property Management Company and provide him with a status report of that home. Salvaggio requested Public Works Department contact John Whitney at 827-9930 regarding the sump on Premont Street, near Wilson and South H, and inform him of our procedure. Salvaggio requested a report from staff regarding the feasibility of sidewalks on the south side of Berkshire to Olivera Jr. High School Bakersfield, California, May6, 1998-Page 13 1 1 9' 13. COUNCIL STATEMENTS continued Salvaggio reminded staff of the meeting on May 11, 1998, at 6:00 p.m. Salvaggio congratulated Ron Fraze on his new appointment as Fire Chief. Carson thank staff Captain Mahan and Chief Brummer for their assistance at the community meetings; and Planning Director Stan Grady for responding quickly to concerns regarding the proposed facility in the Lakeview area. Mayor Price congratulated Chief Brummer for the "Make a Difference" national award they received, and recognized Chief Brummer. Chief Brummer announced on May 15, 1998 at the conclusion of "National Law Enforcement Memorial Week" at 10:00 a.m. in front of the Police Department, a memorial will be dedicated as tribute to the seven Bakersfield police officers who lost their lives in the line of duty; also on May 13, 1998 at 10:00 a County-wide memorial will be held at 1415 Truxtun Avenue, as part of the annual recognition. Mayor Price announced Bakersfield will be hosting Sister City from Minsk Belarus, during May 15-20, 1998. A reception was held for Sister City Cixi China last month by the Chinese community and the Sister City Corporation. ACTIONTAKEN Motion by Rowles to recess to Closed Session at 8:35 p.m. 3. CLOSED SESSION continued e. Closed Session pursuant to §54957(a), Public Employee Performance Evaluation - City Attorney Motion by Rowles to adjourn from Closed Session at 10:40 p.m. APPROVED AGR 98-110 AGR 98-110A AGR 98-110B APPROVED Mayor Price announced Closed Session Action on Item e. stating the City Attorney has submitted her resignation as of June 15, 1998, and entered into a four month consultant contract with the City of Bakersfield. 14. Bakersfield, California, May 6, 1998- Page 14 ADJOURNMENT Motion by Rowles to adjourn at 10:40 p.m. ACTION TAKEN APPROVED A'FI'EST: rv~YOR I~/OB PRICE of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk qthe Council of the City of Bakersfield, CA