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
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