HomeMy WebLinkAbout08/30/1995 MINUTES CC
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 30, 1995
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. ROLL CALL ACTION TAKEN
Present: Mayor Price, Councilmembers DeMond,
Carson, McDermott (seated at 5:16),
Rowles, Sullivan (seated at 5:20),
Salvaggio
Absent: Councilmember Smith
2. WARD REAPPORTIONMENT.
Development Services Director Hardisty
presented the latest changes requested by
Council; and announced the Ward Reappor-
tionment Ordinance will be placed on the
September 27th Agenda for first reading.
Discussion of further changes to ward
reapportionment took place.
Mayor Price requested Council provide changes
to Planning Department by September 8th so
there can be a Workshop at the September 13th
meeting.
3. STATUS OF TAX SPLIT AGREEMENT.
City Manager Tandy provided a status report
on the Master Tax Split Agreement with County
of Kern. He stated it would be on the Sep-
tember 13th Agenda.
Rowles requested a more formalized format and
placing more impact on cooperation on service
duplication issues; and requested a list of
duplication of services.
Motion by DeMond to recess to Closed Session APPROVED
at 6:00 p.m. AB SMITH
Bakersfield, California, August 30, 1995 - Page 2
CLOSED SESSION
ACTION TAKEN
1. Conference with Legal Counsel, Existing UPDATE
Litigation. Closed Session pursuant to RECEIVED
Government Code Section 54956.9(x) in the
case of Marian Weichelt, vs. City of Bakers-
field and Kern Tulare Safe Credit Union, Kern
Superior Court Case No. 226862-AEW.
Motion by DeMond to adjourn from Closed APPROVED
Session at 6:20 p.m. AB SMITH
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Jim LaMar, First Assembly of God Church.
2. PLEDGE OF ALLEGIANCE by Scout Troop 218
3. ROLL CALL ACTION TAKE?
Present: Mayor Price, Councilmembers DeMond,
Carson, McDermott, Rowles,
Sullivan, Salvaggio
Absent: Councilmember Smith
4. CLOSED SESSION ACTION
Mayor Price announced Closed Session action
as reflected on Page 1; and read a statement
regarding a previous Closed Session: City
Council agreed to settle the Johnson vs. City
of Bakersfield; City purchased, and has
accepted title to, the residence at 3700
Panorama Drive.
Mayor announced Hearing item 9. C., GPA 2-95,
Segment III, has been withdrawn by the
applicant.
Motion by McDermott to add New Business Item APPROVED
12. c. to the Agenda that arose after the AB SMITH
Agenda was posted and requires action this
evening.
C. Contract Change Order No. 2 to Contract
No. 95-59 with Granite Construction for
Calloway Bridge over Kern River. (Ward
4)
6~~ Y
Bakersfield, California, August 30, 1995 - Page 3
5.
6
7.
8.
PRESENTATIONS
Mayor Price introduced Adam Landers, Student
Intern from Bakersfield College.
a. Presentation by Mayor Price of proclam-
ation to Ron Jones, Joe Peterson, Cary
Ryan and Mike Ratcher, representing Kern
Wheelmen Bicycle Club, proclaiming
August 27th to 31st as "Kern Wheelmen
Bicycle Club Week".
PUBLIC STATEMENTS
a. The following individuals spoke
regarding a sports stadium in
Bakersfield:
Stuart Gentry;
Kegler; Pam Binns;
Patrick O'Connell
APPOINTMENTS
CONSENT CALENDAR
Gary Anguish; Susan
Bruce Keith; and John
Enriquez.
a. Payments from July 28 to August 10, 1995
in the amount of $3,610,371.33 and Self
Insurance payments from July 27 to
August 10, 1995 in the amount of
$182,472.68.
b. Minutes of the Workshop, Closed Session
and Regular Meeting of August 9, 1995.
C. Grant Deed from Cypress Glenn II Garden
Units Homeowner's Association to the
City of Bakersfield for Starwood Lane,
east of Stine Road, north of Beechwood
Street. (Ward 6)
d. Resolution of Intention No. 1138
declaring the City's intention to order
the vacation of the excess road right of
way for Stockdale Highway between Old
River Road and California State
University Bakersfield. (Ward 4)
ACTION TAKEN
DEED 4250
Bakersfield, California, August 30, 1995 - Page 4
8. CONSENT CALENDAR continued
e. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agree-
ments with Dandy and Associates for
Tract 5683, Unit A, located at the
northwest corner of McKee Road and
Akers Road. (Ward 6)
2. Final Map and Improvement Agree-
ments with Jack E. Turman and Norma
L. Turman for Tract 5810, located
at the northwest corner of Gosford
Road and South Laurelglen Boule-
vard. (Ward 4)
f. Agreement with North Kern Water District
and Atlantic Richfield Co. for discharg
e of recycled water from oilfield
steaming operations into the Beardsley-
Lerdo Canal System.
g. Accept bid to award an Annual Contract
to United States Escrow (USE) for loan
underwriting, loan portfolio mainten-
ance, procurement and other financial
services for loans funded through the
U.S. Department of Housing and Urban
Development (HUD).
h. Accept bid to award Annual Contract to
Zumar Industries, Inc. to purchase
traffic signs, not to exceed $57,425.40.
i. Accept bid to award Contract to Granite
Construction Company ($1,411,659) for
the construction of resurfacing various
streets, Fiscal Year 1994-95. (Wards 1,
2, 3, 5, 6 & 7)
j. Accept bid to award Contract to Griffith
Company ($480,000) for the construction
of a parking lot addition for the
Convention Center. (Ward 2)
k. Appropriate $1,700 contribution from
Junior League of Bakersfield, Inc. to
the Recreation Division's operating
Budget within the General Fund to
purchase materials for the Martin Luther
King Jr. Community Center dancers.
ACTION TAKEN
AGR 95-220
AGR 95-221
AGR 95-222
AGR 95-223
AGR 95-224
CON 95-225
CON 95-226
REMOVED FOR
S E P A R A T E
CONSIDERATION
CON 95-227
3 ii
Bakersfield, California, August 30, 1995 - Page 5
8.
CONSENT CALENDAR continued
Motion by DeMond to adopt Items (a)
through (k) of the Consent Calendar, with the
exception of Item i.
i. Accept bid to award Contract to Granite
Construction Company ($1,411,659) for
the construction of resurfacing various
streets, Fiscal Year 1994-95. (Wards 1,
2, 3, 5, 6 & 7)
Motion by McDermott to refer Item i. of
the Consent Calendar back to staff to
provide additional information to
Council.
ACTION TAKEN
APPROVED
AB SMITH
APPROVED
NS DEMOND
CARSON
SALVAGGIO
AS SMITH
PRICE VOTED AYE
Due to a tie vote, Mayor Price voted.
9.
HEARINGS
a. General Plan Amendment 2-95, Segment I,
Zone Change No. 5633 (Ward 4):
1. Martin McIntosh, representing
Castle & Cooke Homes, Inc.,
requests to amend the Metropolitan
Bakersfield 2010 General Plan Land
use Element designation from Low
Density Residential to Low Medium
Density Residential on 46.3 acres;
from High Medium Density Residen-
tial to Low Density Residential on
7.47 acres; from High Density
Residential to Low Medium Density
Residential on 9.28 acres; from Low
Density Residential to Open Space-
Parks on 10.02 acres; from Open
Space-Parks to Low Density Residen-
tial on 8 acres; and from Low Den-
sity Residential/Public-Private
school to Low Density Residential
on 11.37 acres, located between old
River Road, Ming Avenue, White Lane
and Buena Vista Road.
RES 136-95
Bakersfield, California, August 30, 1995 - Page 6
9. HEARINGS continued
a.
e.
2. Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 123-07 by changing
the zoning from Limited Multiple
Family Dwelling-2,500 square feet
lot area per unit to One Family
Dwelling on 7.47 acres; and from
Limited Multiple Family Dwelling-
1,250 square feet lot area per unit
to one Family Dwelling on 9.28
acres, located between Old River
Road, Ming Avenue, White Lane and
Buena Vista Road.
and VI.
Development Services Director Hardisty
provided background information; and
requested consolidation of Segments I, V
Motion by McDermott to consolidate
Hearing Items a., e. and f. (Segments I,
V and VI).
General Plan Amendment No. 2-95, Segment
V, Zone Change No. 5634 (Ward 4):
1. Martin-McIntosh, representing
Castle & Cooke Homes, Inc.,
requests to amend the Metropolitan
Bakersfield 2010 General Plan Land
Use Element designations from Low
Density Residential to Low Medium
Density Residential on 18.9 acres;
from High Density Residential to
Low Density Residential on 12
acres; from Low Density Residential
to Open Space-Parks on 13.52 acres;
from Open Space-Parks to Low Den-
sity Residential on 11.65 acres;
from Open Space-Parks and Low
Density Residential to Low Density
Residential/Public-Private School
on 2.89 acres; and from Low Density
Residential/Public-Private School
to Low Density Residential on .72
acres, located between old River
Road, Ming Avenue, Buena Vista Road
and Kern River Canal.
ACTION TAKEN
PR
APPROVED
AB SMITH
RES 137-95
Bakersfield, California, August 30, 1995 - Page 7
9. HEARINGS continued
e. 2. ordinance amending Title 17 of the
Bakersfield Municipal Code and
zoning Map No. 123-06 by changing
the zoning from Limited Multiple
Family Dwelling-2,500 square feet
lot area per unit to one Family
Dwelling on 12 acres, located
between Old River Road, Ming
Avenue, Buena Vista Road and Kern
River Canal.
f. General Plan Amendment No. 2-95, Segment
VI (Ward 4):
1. Martin McIntosh, representing
Castle & Cooke Homes, Inc.,
requests to amend the Metropolitan
Bakersfield 2010 General Plan
Circulation Element by eliminating
the collector alignment along
Camino Media from old River Road
westerly to the terminus of Grand
Lakes Avenue for property located
between the Kern River Canal, Old
River Road, Ming Avenue and Buena
Vista Road.
Hearings opened at 7:50 p.m.
Vernon Burke, Castle & Cooke Homes,
Inc., spoke in support of staff
recommendations.
Hearings closed at 7:52 p.m.
!lotion by McDermott to adopt Resolutions
and give First Reading to ordinances on
Hearing Items a. and e.; and continue
Item f. to the meeting of September 13,
1995, not as a hearing but for action
only, to provide Council with more
information on Grand Lakes Avenue length
and width.
ACTION TAKEN
FR
APPROVED
NS SALVAGGIO
AB SMITH
Bakersfield, California, August 30, 1995 - Page 8
9. HEARINGS continued
b.
General Plan Amendment 2-95, Segment II,
Prezoning No. 5605 (Ward 3):
1. City of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Land Use Element
designations from Suburban Residen-
tial to Estate Residential on 24
acres; and from Resource-Mineral
Petroleum to General Commercial on
2.5 acres, located southwesterly
and southeasterly of the intersec-
tion of State Route 178 and Coman-
che Drive.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 104-16 by changing
the zoning from County Estate
Residential-Residential Suburban
Combining, Low Density Residential
and Neighborhood Commercial-Precise
Development Combining to City of
Bakersfield Residential Suburban,
one Family Dwelling and Neighbor-
hood commercial on 26 acres,
located southwesterly and south-
easterly of the intersection of
State Route 178 and Comanche Drive.
Hearing opened at 8:00 p.m.
The following individuals spoke in
opposition to staff recommendation:
Bob Joyce, President, E1 Dorado Estates
Homeowners' Association; and David
Schale, Secretary, E1 Dorado Estates
Homeowners' Association.
Hearing closed at 8:10 p.m.
Motion by McDermott to adopt Resolution
and give First Reading to ordinance; and
direct staff to meet with the E1 Dorado
Estates Homeowners' Association and the
property owner to discuss the zoning.
ACTION TAXER
RES 138-95
FR
APPROVED
AS SMITH
Bakersfield, California, August 30, 1995 - Page 9
9. HEARINGS continued ACTION TAKEN
C. General Plan Amendment No. 2-95, Segment WITHDRAWN
III, Zone Change No. 5637 (Ward 4):
1. Randy Wheeler, Castle & Cooke
Homes, Inc., requests to amend the
Metropolitan Bakersfield 2010 Gen-
eral Plan Land Use Element from
Resource-Intensive Agriculture
Estate Residential and to Low
Density Residential of 190.37 acres
and relocate 4.1 acres designated
Open space, located west of the Rio
Bravo Canal/Goose Lake Slough and
north of Stockdale Highway/Cross
Valley Canal.
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map Nos. 101-36, 102-31 and
122-01 to modify the existing
Planned Unit Development on 224
acres, located east of the Rio
Bravo Canal/Goose Lake Slough to
Calloway Drive, north of the Cross
Valley Canal; and to change the
zoning from Agriculture to Planned
Unit Development on 126 acres and
One Family Dwelling on 68.5 acres,
located west of the Rio Bravo Canal
to Allen Road, north of Stockdale
Highway/Cross Valley Canal.
Correspondence was received from:
Larry K. Hogle, Hogle-Ireland, Inc.,
representing Castle & Cooke Homes, Inc.,
dated July 21, 1995, requesting continu-
ance or delay to a future General Plan
Cycle;
Randy Wheeler, Vice President, Castle &
Cooke Homes, Inc., dated August 30,
1995, requesting this project be
withdrawn from any consideration; and
Stephen L. Hartsell, Director, School
District Facility Services, dated August
24, 1995, on behalf of the Kern High
School District and the Rosedale Union
School District, requesting specific
language as a condition of approval.
Bakersfield, California, August 30, 1995 - Page 10
HEARINGS continued
d.
General Plan Amendment No. 2-95, Segment
IV, Zone Change No. 5632 (Ward 4):
1. Mike Callagy, Cornerstone Engineer-
ing, requests to amend the Metro-
politan Bakersfield 2010 General
Plan Land Use Element designation
from Estate Residential and Open
Space to High Density Residential
on 20.30 acres, located between the
proposed Kern River Freeway align-
ment, Cross Valley Canal and the
adopted Calloway Drive alignment.
2. Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 102-31 by changing
the zoning from Agriculture-20 acre
minimum lot size to Planned Unit
Development on 20.30 acres, located
between the proposed Kern River
Freeway, Cross Valley Canal and the
adopted Calloway Drive alignment.
Hearing opened at 8:15 p.m.
Michael Callagy, Cornerstone Engineer-
ing, spoke in support of staff recom-
mendation.
Hearing closed at 8:16 p.m.
Motion by McDermott to adopt Resolution
and give First Reading to Ordinance.
g. General Plan Amendment No. 2-95, Segment
VII:
1. City of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Circulation
Element to incorporate the Western
Rosedale Specific Plan Multi-Use
Trail and Equestrian Trail System
and a cross-sectional improvement
standard for a multi-use trail
along collector streets, for prop-
erty located in the Western Rose-
dale Specific Plan area.
ACTION TAKEN
RES 139-95
FR
APPROVED
AB SMITH
RES 140-95
Bakersfield, California, August 30, 1995 - Page 11
9
HEARINGS continued ACTION TAKEN
g. Hearing opened at 8:18 p.m.
No one spoke at hearing.
Hearing closed at 8:18 p.m.
Motion by McDermott to adopt Resolution APPROVED
and refer to the Budget & Finance AB SMITH
Committee for review of the long-term
maintenance issue.
Rowles requested a policy be developed
in 90 days regarding the multi-use trail
issue and maintenance.
DeMond requested staff place the issue
of long-term maintenance on the next
agenda with recommendations.
h. General Plan Amendment 2-95 (formerly
GPA 4-94), Segment VIII (Ward 3):
1. City of Bakersfield requests to
amend the Metropolitan Bakersfield
2010 General Plan Circulation Ele-
ment, adopting specific plan lines
for Morning Drive, Paladino Drive
and an "unnamed" collector.
Motion by McDermott to continue the APPROVED
hearing to the meeting of September 13, AB SMITH
1995.
Mayor Price announced a 5-minute recess
at 8:30 p.m. and reconvened the meeting
at 8:35 p.m.
Bakersfield, California, August 30, 1995 - Page 12
10. REPORTS
a. Budget and Finance Committee Majority
Report No. 1-95 and Minority Report No.
2-95 regarding Reprogramming of $100,000
in CDBG Funds.
Motion by DeMond to approve Majority and
Minority Reports and take action as
deemed appropriate.
Motion by Carson to recognize Harlan
Hunter to speak.
Motion by DeMond to implement the
recommendations of the Majority Report.
DeMond requested staff place the issue
of "incentive areas enterprise zone" on
the Community Advisory Council agenda
and bring back to City Council as soon
as possible.
11. DEFERRED BUSINESS
a
Ordinance amending Chapter 14.12 of the
Bakersfield Municipal Code relating to
sewers. (First Reading 8/9/95)
b. Cable Television Franchises:
1. Amendment to Ordinance No. 2518 New
Series and Ordinance No. 1552 New
Series, granting a nonexclusive
franchise for coaxial cable for
television antenna service within
the City of Bakersfield and adding
Chapter 5.48 to Title 5 of the
Bakersfield Municipal code relating
to Cable Television Franchises.
(First Reading 8/9/95)
2. Franchise Agreement with Time
Warner Entertainment-Advance/
Newhouse for a cable television
franchise.
ACTION TAKEN
APPROVED
AB SMITH
APPROVED
AB SMITH
APPROVED
AB SMITH
ORD 3667
ORD 3668
AGR 95-228
Bakersfield, California, August 30, 1995 - Page 13
11. DEFERRED BUSINESS continued
b. 3. Franchise Agreement with Cox
Communications Bakersfield, Inc.
for a cable television franchise.
City Attorney Skousen provided back-
ground information.
Motion by McDermott to adopt Items a. &
b. of Deferred Business.
12. NEW BUSINESS
a. Resolution determining that the oper-
ating system for the Convention Center
Facility Management System and the
Computerized Ticketing System cannot be
reasonably obtained through usual bid-
ding procedures and authorizing the
Finance Director to dispense with bid-
ding therefor, not to exceed $75,000;
and approval of Agreement with LaserGate
to purchase Convention Center software
and hardware.
ACTION TAKEN'
AGR 95-229
APPROVED
AB SMITH
RES 141-95
1. Agreement with LaserGate to supply, AGR 95-230
install and make operable, the
operating system for the Convention
Center Facility Management System
and the Computerized Ticketing
system.
Transfer $50,000 Council Contin-
gency and appropriate $37,000
General Fund Balance to the Com-
munity Services Capital Improvement
Budget in the Capital Outlay Fund
for Computerized Facility Manage-
ment and Ticketing Systems.
Community Services Manager Andersen
provided background information.
Motion by Salvaggio to adopt Resolution APPROVED
approving Agreement; and approve AB SMITH
appropriation of funds.
G' .
Bakersfield, California, August 30, 1995 - Page 14
12
NEW BUSINESS continued
b. Agreement with Dandy and Associates to
dedicate and purchase real property for
a 6.08 acre park site located west of
Akers Road and south of McKee Road.
(Ward 6)
Development Director Hardisty provided
background information.
Motion by Sullivan to approve Agreement.
C. Contract Change Order No. 2 ($100,000)
to Contract No. 95-59 with Granite
Construction of Calloway Drive and
Bridges over Kern River and Cross Valley
Canal, Stockdale Highway to 700 feet
north of Brimhall Road. (Ward 4)
Motion by McDermott to approve Contract
Change Order.
Friendly amendment by Salvaggio for
staff to meet with the Parkway committee
to review staff's response to their
mitigation measures.
13
COUNCIL STATEMENTS
Mayor Price spoke of the successes and
improvements in Southeast Bakersfield, i.e.,
Clinica Sierra Vista, new store, neighborhood
meetings, Kenya Center.
Salvaggio reminded staff to schedule a
meeting with the Insurance committee on the
retiree insurance issue.
Salvaggio referred to a traffic problem
regarding volume and speeds on Parsons Way
and McCleary; and requested staff begin the
process of blocking McCleary between Parsons
Way and Camp Street.
Carson requested staff to provide her with
the status of the Fire Department Study; and
the progress of the vacant positions in the
Fire Department.
ACTION TAKEN
AGR 95-231
DEED 4251
APPROVED
AB SMITH
APPROVED
AB SMITH
C
r.' V
Bakersfield, California, August 30, 1995 - Page 15
13. COUNCIL STATEMENTS continued ACTION TAKEN
Carson requested information regarding
annexation; a portion of the southeast has
indicated an interest in annexing to the
city.
DeMond mentioned a Notice that has never been
brought to fruition (spread of assessments)
and requested staff report back. City
Manager Tandy stated it would come before
Council at the meeting of September 13th.
DeMond requested the Engineering Studies for
the 27th Street situation be moved forward to
bring it to public hearing.
McDermott referred to Fire, Planning and
Public Works Departments fire access (Tract
3883) in Quailwood, north of Saddleback
Drive.
14. ADJOURNMENT
Motion by DeMond to adjourn at 9:36 p.m. APPROVED
AB SMITH
R of ttfe City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
AU030.A
9/12/95 3:18po