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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 C., GPA 2-95, Segment III, has been withdrawn by the applicant.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