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