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HomeMy WebLinkAbout11/04/1998 MINUTES CC243 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 4, 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, Carson, DeMond, McDermott, Sullivan, Salvaggio (seated at 5:30 p.m.) Councilmembers Rowles, Smith ACTION TAKEN (15 min) WORKSHOP Unreinforced Masonry Building (URM) Code Compliance Status. Development Services Director Jack Hardisty introduced Building Director Dennis Fidler and Building Plan Check Engineer Mike Quon who provided an update and written material. Motion by DeMond to recess to Closed Session at 5:31 p.m. APPROVED AB ROWLES SMITH CLOSED SESSION Conference with Legal Counsel §54956.9(a) - Existing Litigation; Greater Bakersfield Separation of Grade District vs. World Oil Corp.; Kern County Superior Court Case No. 230162 RA RECEIVED UPDATE FROM STAFF Motion by DeMond to adjourn from Closed Session at 5:50 p.m. APPROVED AB ROWLES SMITH MCDERMOTT ',244 Bakersfield, California, November 4, 1998 - Page 2 REGULAR MEETING 1. INVOCATION by Bishop Roger Allred of the Church of Jesus Christ of Latter Day Saints ACTION TAKEN 2. PLEDGE OF ALLEGIANCE by Councilmember Salgaggio 3. ROLLCALL Present: Mayor Price, Councilmembers Rowles, Carson, DeMond, Smith, McDermott, Sullivan, Salvaggio Absent: None Mayor Price and Councilmembers introduced Student Body Representatives from 12 area high schools who served as Mayor, City Council, City Manager, City Attorney, Public Works Director, Development Services Director and City Clerk this evening. The students are participating in the 44t" consecutive "Teen Government Day." Ben Antongiovanni, Garces; Roxanna Moreno, Ridgeview; Ricky Peterson, West; Chris Wiesinger, Bakersfield Christian; Dustin Gonzales, East; Eduardo Rocha, North; Judi Sanchez, South; Tom Fiod, Stockdale, and Katie Miller, Ridgeview. CLOSED SESSION ACTION Mayor Price announced Closed Session Action as reflected on Page 1. PRESENTATIONS Mayor Price and Teen Government Representative Ben Antongiovanni presented a proclamation to Dayna Nichols, Chairperson of Kern County Family Week, proclaiming November 15-21, 1998 as "Kern County Family Week." Bakersfield, California, November 4, 1998 - Page 3 PUBLIC STATEMENTS a. Becky Kaiser spoke regarding the Bakersfield Unite Mission Statement. b. Barbara Fields spoke regarding annexations. c. Richard Pellerin spoke regarding annexations. d. Paul Ricker spoke regarding the hiring of City Attorney. e. Robert Owen spoke regarding the hiring of City Attorney. f. Renee Nelson thanked the Council for their efforts to make a difference for residents. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. October 21, 1998 Council Meeting. Payments: b. Payments from October 9, to October 23, 1998 in the amount of $9,916,380.26; and Self Insurance payments from October 9, to October 23, 1998 in the amount of $164,370.03. Resolutions: c. Resolution of Intention No. 1183 declaring the City's intention to order the vacation of the "pedestrian walk" easement extending from El Toro Drive to Wayside Alley in Tract No. 1470. (Ward 1) d. Assessment District No. 98-1 (Brimhall IV, Stockdale Highway Commercial, Gosford Industrial). (ward 4) 1. Resolution approving boundary map. 2. Resolution of Intention No. 1182. ACTION TAKEN ROI 1183 RES 142-98 ROI 1182 245 246 Bakersfield, California, November 4, 1998- Page 4 CONSENT CALENDAR continued Resolution of Application proposing proceedings for annexation of territory by annexing to the City of Bakersfield property identified as Annexation No. 401, located east of Cottonwood Road, ¼ mile south of Panama Lane. (Ward 1) Resolution setting the dates of Regular Meetings, Budget Hearings and Department Presentations of the City Council for January through December 1999. Resolution amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code. (Wards 2, 3, 4, 6) Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090, et seq. of the Government Code of the State of California (Fire Department). Amendment No. 2 to Resolution No. 172-95 approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Section 34090, et seq. of the Government Code of the State of California (City Attorney's Office). Agreements: j. Tract Maps/Improvement Agreements: (Ward 4) Final Map and Improvement Agreements with Soper Homes Inc., for Tract 5872 Phase 2, located at the southeast corner of White Lane and Mountain Vista Drive. Agreement with Bakersfield Senior Citizens Center to replace the roof at 530 4th Street. (Ward 1) Lease between Ogden Entertainment, California State University Foundation and the City of Bakersfield for Cal. State to play men's basketball at the Centennial Garden for the 1998/99 through 2000/01 Seasons, with an option to extend. ACTION TAKEN RES 143-98 REMOVED FOR SEPARATE CONSIDERATION RES 145-98 DELETED DELETED AGR 98-255 AGR 98-256 AGR 98-257 AGR 98-258 247 Bakersfield, California, November 4, 1998 - Page 5 CONSENT CALENDAR continued Amendment No. 2 to Agreement No. 96-115 with Carollo Engineers for an additional $105,000 for construction-phase engineering services at Wastewater Treatment Plant No. 3. (Ward 6) Contract Change Order No. 14 to the Convention Center Expansion Project Agreement No. 97-76 for the construction of additional concession/commissary plumbing, $5,818; additional electrical work, $9,063; and additional painting work, $2,572. Bids: White Lane Median Construction at Akers Road to Wible Road: Accept bid to award Contract to E & M Constructors, Co., $111,980.35, for White Lane Median Construction at Akers Road to Wible Road. (Ward 6) Appropriate $27,761 Developer contribution and $15,000 fund balance to the Capital Improvement Budget within the Gas Tax Fund. Accept low bids from Jim Burke Ford, $190,133.35; and Family Motors, $21,122.89 for Pickups (10 replacement and 2 additional); total $211,256.24. Accept low bids from John C. Henberger Company, Incorporated, $68,880.24 and McCain Traffic Supply, $49,845.51, for traffic signal equipment and poles for various locations within the City; total $118,725.75. Miscellaneous: Appropriate $3,850 in Strong Motion Instrumentation Trust Funds for Post-Disaster Safety Assessment Training. s. Reclassifications/Revised Job Specifications: Reclassification of Sanitation Worker II to Sanitation Worker III (two Wood Waste positions). ACTION TAKEN AGR 96-115(2) CON 98-259 '248 Bakersfield, California, November 4, 1998- Page 6 CONSENT CALENDAR continued Revised job specifications for Park Technician, Wastewater Treatment Plant Lab Technician & Operator, and Wastewater Treatment Plant Operator II. t. CDBG Program/Projects: (Ward 1) HOME Investment Partnership Amendment No. 2 to FY 1998/99 and appropriation of $246,000 to the Home Operating Budget. Community Development Block Grant Amendment No. 4 to FY 1997/98 and Amendment No. 9 to FY 1996/97 Action Plans for the demolition of the Casa Royale. Rowles announced abstention on Consent Calendar Items d. 1. & 2 due to source of income to employer and Item n. due to employer participation in project. Motion by Rowles to adopt Consent Calendar Items a. through t. with the deletion of Items h, and L; and Item f, removed for separate consideration. ACTION TAKEN APPROVED Resolution setting the dates of Regular Meetings, Budget Headngs and Department Presentations of the City Council for January through December 1999. Motion by Salvaggio to refer Consent Calendar Item f. back to staff to select alternative meeting date in June. RES 144-98 APPROVED Motion by Salvaggio to reconsider Consent Calendar Item f. APPROVED Motion by Salvaggio to adopt Consent Calendar Item f. with the exception of the meeting dates for June, 1999. Motion by McDermott to move Hearings Item e. forward on the Agenda. APPROVED APPROVED Bakersfield, California, November 4, 1998 - Page 7 249 HEARINGS General Plan Amendment Case No. P98-0493: (Ward 4) Fruitvale Properties requests to amend the Riverlakes Ranch Specific Plan of the Metropolitan Bakersfield 2010 General Plan to allow vehicular and pedestrian access from Coffee Road to two Multiple Family Residential lots for property located between Olive Drive and Hageman Road, west of Coffee Road. ACTION TAKEN RES 146.98 Motion by McDermott to refer Hearings Item e. to the next General Plan Cycle. FA~ED NS ROWLES CARSON DEMOND SALVAG~O Development Services Director Jack Hardisty introduced Planning Director Stan Grady who provided a computer and slide presentation. Hearing opened at 7:58 p.m. David Stanton, President of Riverlakes Ranch Master Association, and Paul Kaye, Fruitvale Properties, Master Developer of Riverlakes Ranch, spoke in opposition of staff recommendation. The following individuals spoke in support of staff recommendation: Larry Buss; Henry Braughton; Bill Johnson; Vicky Moore, Stuart Baugher; and Harold Suggden. David Stanton spoke in rebuttal in opposition. The following individuals spoke in rebuttal in support: Este Saunders; Harold Suggden; Henry Braughton; and Rhea Buss. Hearing closed at 8:40 p.m. 250 Bakersfield, California, November 4, 1998- Page 8 HEARINGS continued Motion by McDermott to grant the appeal and allow access with the following conditions: · Access to Coffee Road shall be restricted to a single access at each multi-family site with the exact location subject to approval of the Public Works Director. · Access shall be constructed to City street standards. The length of the access road from Coffee Road to the project site, including but not limited to pavement width, curbs and gutter, curb return radius, sidewalks, accessibility ramps shall be approved by the Public Works Director. A street light and fire hydrant shall be installed at each access opening. · Acceleration and deceleration lanes shall be constructed for each access opening. The design shall be subject to approval of the Public Works director. · The access to Coffee Road shall be for the right turn in and right turn out only. · The net area of the linear park loss that is due to the construction of the access to Coffee Road will be replaced in scale and material on a two for one basis along both sides of the access road. The plan for these improvements shall be subject to approval of the Planning Director. There will also be a transition in the linear park at each of the breaks. · Directional maps and addressing kiosks shall be located at the entrance interior to the project site. The design and location shall be submitted at the time of submittal for site plan review. · If the project side of the access road employs a gated entry and exit, then a turnaround area shall be provided with location and design subject to approval of the Public Works Director. · The block wall along Coffee Road shall continue along the access road to terminate at the site entry gate or drive aisle if no gate is used. Clear sight distance standards shall be observed. The wall shall be submitted for approval and installed as part of the access road improvements. ACTION TAKEN FAILED NS ROWLES CARSON DEMOND SMITH SULLIVAN SAL VAGGIO 251 Bakersfield, California, November 4, 1998 - Page 9 HEARINGS continued Prior to any of the access at either of the sites a signal paid for by the applicant shall be constructed at Peanut Street, allowing the current movement. Motion by Rowles to adopt the resolution denying the amendment. Mayor Price recessed the meeting at 9:10 p.m. and reconvened at 9:20. Ordinance amending the City of Bakersfield's Downtown Redevelopment Plan to extend the time limits to initiate eminent domain proceedings. Economic Development Director Jake Wager provided a brief update. Hearing opened at 9:21 p.m. No one spoke at hearing. Hearing closed at 9:21 p.m. Motion by DeMond to give first reading to the ordinance. Rowlea requested staff provide additional written information regarding the sequence of events of Eminent Domain. Environmental Impact Repod for the Nodheast Bakersfield Bike Path and Water Facilities Project P98-0039. (Ward 3) Resolution making findings and certifying that the Final EIR has been completed in compliance with CEQA and City of Bakersfield CEQA Implementation Procedures regarding the Northeast Bakersfield Bike Path and Water Facilities. The City of Bakersfield requests to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from Low Density Residential to Public Facilities on 40 acres, located north of Paladino Drive and east of Morning Drive. ACTION TAKEN APPROVED NS MCDERMOTT SULLIVAN FR APPROVED RES 147-98 RES14~98 252 Bakersfield, California, November 4, 1998- Page 10 HEARINGS continued b. Water Resources Manager Gene Bogart provided a brief update. Hearing opened at 9:30 p.m. Steve Dalke, Assistant General Manager, Kern- Tulare and Rag Gulch Water Districts, spoke in support of staff recommendation. Hearing closed at 9:32 p.m. Motion by Smith to adopt the Resolutions certifying the Final EIR, approving the General Plan Amendment. ACTION TAKEN APPROVED General Plan Amendment/Zone Change P98-0506: (Ward 4) Derrel's Mini-Storage requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element consisting of changes from Low Density Residential to General Commercial on 9.08 acres, from Open Space to General Commercial on .925 acres and from Open Space to Low Density Residential on 2.48 acres, located between Stockdale Highway, the Cross Valley Canal and Allen Road. Derrel's Mini-Storage requests to amend the zoning ordinance and zoning maps consisting of changing the existing zoning One Family Dwelling to Planned Commercial Development on 9.08 acres, from Open Space to Planned Commercial Development on .925 acres and from Open Space to One Family Dwelling on 2.46 acres. Rowles announced conflict of interest on Hearing Items c., d., and e. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 9:45 p.m. Stuart Baugher, for Becky Kaiser, spoke in opposition of staff recommendation. RES 149-98 FR Bakersfield, California, November 4, 1998- Page 11 HEARINGS continued c. Tom Fatlgatter spoke regarding a six-foot block wall. The following individuals spoke in support of staff recommendation: Jim Marino, representing Derrel's Mini-Storage; Benton McKnight, Laurelglen Bible Chumh; Rich Schultz, Bakersfield Christian High School. Hearing closed at 9:53 p.m. Mayor Price re-opened the hearing at 10:01 p.m. for rebuttal. No one spoke. Hearing closed 10:01 p.m. Motion by McDermott to adopt the resolution approving General Plan Amendment P98-0506 with the size of the five evergreen trees changed to 36" box trees and first reading of the ordinance. ACTION TAKEN APPROVED AB ROWLES General Plan Amendment/Zone Change P98-0490: (Ward 7) Martin-Mcintosh requests to amend the Metropolitan Bakersfield 2010 General Plan Land Use Element for the 65 acre Grand Canal Shopping Center by revising conditions of approval for traffic, site plan design related to building square footage, height and orientation, parking, landscaping, and location of a detention basin. Martin-Mcintosh requests to amend the Planned Commercial Development zone with a revised Planned Commercial Development zone for the Grand Canal Shopping Center consisting of revisions to conditions of approval for the traffic, site plan design related to building square footage, height and orientation, parking, landscaping, and location of a detention basin. RES 150-98 FR 254 Bakersfield, California, November 4, 1998- Page 12 HEARINGS continued d. Development Services Director Jack Hardisty provided a brief update. Hearing opened at 10:04 p.m. The following individuals spoke in support of staff recommendation: Roger Mcintosh, Martin Mcintosh Engineering, representing Yehuda Netinel; and Yehuda Netinel, Developer. Hearing closed at 10:07 p.m. Motion by Salvaggio to adopt the resolution approving General Plan Amendment P98-0490 and first reading of the ordinance with the following changes and conditions: · Page 4 of the Mitigation Measures, Exhibit 2, under 2020 Plus Project Conditions, 3rd bullet: "Panama Lane...two years after the opening of the project, change to: two years after 75 percent occupancy that will have a two year period for traffic...; Traffic Mitigation #5.5-1b changed to fh5.5-1c; · Page 4: Roadway Segment Improvement (Opening Day Conditions): same condition would apply it would be at 75 percent of occupancy... · Page 5: 5.5-1c changed to ..after 75 percent of occupancy of the project. · Drainage: change retention basin to detention basin, that detention basin will not be allowed until the agreement with the Kern Delta Water Storage District has been finalized and a letter has been sent to the city. · Additional condition: If a storm water lift station is required at the detention basin the subdivider shall be responsible for the condition and the financial operation of the lift station. Additionally, prior to first occupancy the subdivider shall have a maintenance district in place for the lift station at the detention base. ACTION TAKEN APPROVED AB ROWLES Bakersfield, California, November 4, 1998 - Page 13 255 10. HEARINGS continued General Plan Amendment Case No. P98-0475: (Ward 4) Castle & Cooke California, Inc. requests to amend the Metropolitan Bakersfield 010 General Plan Land Use Element from Open Space-Parks to Low Density Residential on 2.38 acres and from Low Density Residential to Open Space-Parks on 2.44 acres for property located east of Buena Vista Road, west of Grand Lakes Avenue, south of Chamber Boulevard, and norlh of Stockdale High School campus. Hearing opened 10:20 p.m. Roger Mcintosh, representing Castle & Cooke California, spoke in support of staff recommendation. Hearing closed at 10:21 p.m. Motion by McDermott to adopt the resolution. REPORTS None. ACTION TAKEN RES 151-98 APPROVED AB ROWLES 11. (Ward 5) DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning of 5.27 acres generally located at 5700 Stockdale Highway from a Planned Commercial Development to a Regional Commercial Zone. (P98-0615) (First reading 10/21/98) Motion by Rowles to adopt the ordinance. ORD 3871 APPROVED 12. NEW BUSINESS Ordinance adding and amending Sections of Chapters 17.14 and 17.16 of Title 17, (Zoning) of the Bakersfield Municipal Code related to minimum lot size and onsite park like amenities in Limited Multiple-Family Dwelling Zones for projects with four units or less. FR 256 Bakersfield, California, November 4, 1998 - Page 14 12. NEW BUSINESS continued Ordinance amending Chapter 15.72 of the Bakersfield Municipal Code relating to Historical Preservation. ACTION TAKEN FR Ordinance adding and amending Sections of Chapters 17.52 and 17.54 of Title 17 (Zoning) of the Bakersfield Municipal Code related to revisions to site plans for development projects in Planned Unit Development and Planned Commercial Development Zones. FR 13. COUNCIL STATEMENTS Salvaggio referred to Public Works the issue of road repairs to the alley behind the Downtown Post Office. Carson congratulated Ricky Peterson, Teen Government participant, for staying the entire meeting. Smith referred to the Police Department the issue of traffic enforcement near Nichols Elementary School and requested staff contact residents for additional information. McDermott thanked staff for the construction they began at the Parkview and White Lane signal. McDermott referred to Public Works the following issues and urged staff to do what they can to ensure completion in a timely manner: · Adjustment of signals at Old River Road; · Road repairs on White Lane to Stockdale Highway and Buena Vista; · Road at Stockdale Highway at Old River Road. DeMond referred to Public Works the issue of the diagonal on 17~ Street and asked that they call Cathy Butler and request a fax of the letter and diagram. Sullivan complimented Ricky Peterson, Teen Government participant. Sullivan complimented Recreation and Parks Director Stan Ford and staff on the Halloween Haunted Trail at Yokuts Park. Bakersfield, California, November 4, 1998 - Page 15 13. COUNCIL STATEMENTS continued Mayor Price announced that Council would be meeting in the Council Chambers prior to recessing to Closed Session. Mayor Price announced there was a Fire Ad Hoc meeting, all of the issues were resolved and are being documented, and will be adopted within three weeks. Rowles thanked Public Works for responding to road and lighting issues around West High School; and thanked Police staff for responding to traffic issues on 21st Street. Rowles referred to Public Works road repairs to the alley between Nottingham and Holleyhock Streets. ACTION TAKEN 14. ADJOURNMENT Motion by Rowles to adjourn at 10:35 p.m. ,M.,~YOR of the City of Bakersfield, CA A"Fi'EST: APPROVED CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ~258