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HomeMy WebLinkAbout10/11/1995 MINUTES CC`m J, G BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 11, 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, Smith (seated at 5:23), McDermott, Rowles (seated at 5:19), Sullivan, Salvaggio Absent: None 2. MASTER FEE SCHEDULE. Assistant City Manager Waiters provided a presentation of proposed changes and distributed a draft of the Master Fee Schedule. 3. TRAFFIC PRE-EMPTION DEVICES. Fire Chief Kelly provided information on the devices and introduced Captain Ron Fraze who provided an overview of the Traffic Pre- Emption/Response Detector System. DeMond requested staff study the area of Truxtun/Oak intersection; and educate the public and community. Motion by McDermott to add Closed Session Item 3. regarding potential litigation, which arose after the agenda was posted and requires action this evening. Motion by DeMond to recess to Closed Session at 5:40 p.m. APPROVED APPROVED Bakersfield, California, October 11, 1995 - Page 2 CLOSED SESSION ACTION TAKEN 1. Conference with Legal Counsel - Existing CITY ATTORNEY Litigation. Closed Session pursuant to GIVEN FURTHER Government Code Section 54956. 9(a) in the INSTRUCTION case of Marian Weichelt VS. City of Bakersfield and Kern Tulare Safe Credit Union, Kern Superior Court Case No. 226862- AEW. 2. Conference with Legal Counsel - Existing CONTINUED TO Litigation. Closed Session pursuant to THE END OF THE Government Code Section 54956.9(a) regarding REGULAR MEETING the bankruptcy of Riverlakes Ranch, Ltd., U.S. Bankruptcy Court, Central District of California, Case No. SA 94-16719-JR. 3. Conference with Legal Counsel - Potential COUNCIL WAS Litigation. Closed Session pursuant to BRIEFED Government Code Section 54956.9(c). One case. Motion by DeMond to adjourn from Closed APPROVED Session at 6:53 p.m. REGULAR - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1 2 3 INVOCATION by Mark Salvaggio PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio Absent: None 4. CLOSED SESSION ACTION ACTION TAKEbI Mayor Price announced Closed Session action as reflected on this page. Bakersfield, California, October 11, 1995 - Page 3 SPECIAL MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEti Present: Mayor Price, Councilmembers DeMond, Carson, Smith, McDermott, Rowles, Sullivan, Salvaggio Absent: None 2. DEFERRED BUSINESS a. Ordinance repealing Chapter 1.12 of the Bakersfield Municipal Code and adding a new Chapter 1.12 thereto pertaining to the realignment of ward boundaries and making findings for their establishment and reapportionment of population therefore. (First Reading 9/27/95) Staff recommends adoption of Ordinance. Mayor Price announced Special Meeting Item 2. a. will appear under 11. Deferred Business. 5. PRESENTATIONS a. Barbara Cierley presented a $500 donation to Economic Development Director Wager from Dr. John Pulskamp to the City's 32-ERASE Program. Mayor Price presented erasers, a cup and a visor. b. Jay Williams, Texaco, presented a $750 donation to Irma Carson and Tracy King for the Lakeview Good Neighbor Festival. Tracy King presented a t-shirt to Texaco. C. Carson invited everyone to the Good Neighbor Festival on October 14th. 6. PUBLIC STATEMENTS a. Minister Wesley Crawford spoke regarding the Million Man March. b. Kate Rosenlieb, regarding the small lot ordinance (New Business Item 12.b.) Bakersfield, California, October 11, 1995 - Page 4 6 PUBLIC STATEMENTS continued ACTION TAKEN 7 C. Cathy Butler, Executive Vice President, Downtown Business Association, read and submitted written material from Phil Bentley, President, Downtown Business Association, regarding the stadium. d. The following individuals spoke in support of the adult entertainment ordinance: Rosalyn Strode, and submitted written material; and Connie Wattenbarger. e. Dennis Milfel spoke regarding handicapped access. APPOINTMENTS 8. CONSENT CALENDAR a. Payments from September 15 to September 29, 1995 in the amount of $4,763,783.01 and Self Insurance payments from September 15 to September 29, 1995 in the amount of $117,010.45. b. Minutes of the Workshop, Closed Session and Regular Meeting of September 27, 1995. C. Grant Deed from Cal Oak Development Properties for a retention basin, located at the northwest corner of California Avenue and Oak Street. (Ward 5) d. Resolution of Intention No. 1139 declaring the City's intention to establish maintenance District No. 5-05 (Interim) (Panama/Union), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) e. Resolution dispensing with bidding due to emergency trunk sewer line repairs under the Kern River along the Buena Vista Road alignment. (Ward 4) REMOVED FOR S E P A R A T E CONSIDERATION DEED 4290 RES 153-95 Bakersfield, California, October 11, 1995 - Page 5 8. CONSENT CALENDAR continued f. Resolution approving the Application for Funds for the Transportation Enhancement Activities Program under the Intermodal Surface Transportation Efficiency Act of 1991 for the Bakersfield Chester Avenue Streetscape Improvement Project. g. Resolution of Application proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 386, Greenhills No. 1 Annexation, located south of Freeway 178 near Comanche Drive. (Ward 3) h. Resolution amending Resolution No. 135-95 authorizing a partial deferral of assessment for a parcel within Assessment District No. 91-1 (Hosking Trunk Sewer). (Wards 6 & 7) i. Tract Maps and Improvement Agreements: ACTION TAKEN RES 154-95 RES 155-95 RES 156-95 1. Final Map and Improvement Agreement AGR 95-252 with A & E Development for Tract 5808, located on the east side of Garnsey Avenue, approximately 1/2 mile north of Stockdale Highway. (Ward 5) 2. Final Map and Improvement Agreements with Castle & Cooke Homes, Inc., for Tract 5770, located on the southeast corner of Brimhall Road and Calloway Drive. (Ward 4) j. Agreement with California Water Service Company for installation, conveyance, maintenance and operation of a system of water supply. (AD 93-3) (Ward 5) k. Agreement with City of Taft to indemnify and hold harmless, to waive liability and to accept transfer of surplus property from city of Bakersfield without warranty. (500-gallon fire truck water tank). 1. Agreement with Castle and Cooke Communities Inc. for the preparation of an Environmental Impact Report (EIR). REMOVED FOR S E P A R A T E CONSIDERATION AGR 95-253 AGR 95-254 AGR 95-255 JJ~/ Bakersfield, California, October 11, 1995 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN M. Agreement with Robert Verlaan Associates AGR 95-256 for the provision of services, not to exceed $55,300, regarding the completion of an Environmental Impact Report (EIR) for Castle and Cooke Communities, Inc. n. Agreement to indemnify LAFCO for AGR 95-257 Kingsley No. 1 Annexation, Annexation No. 385, Proceeding No. 1189, located near the intersection of Kingsley and Castro Lanes. (Ward 6) o. Collateral Assignment of Lease by American General Media Corporation (AGM) to First National Bank of Maryland: 1. Landlord's Agreement with First AGR 95-258 National Bank of Maryland for subordination of lease rights. 2. Consent of Lessor to subordination AGR 95-259 of lease rights. P- Accept bid to award Annual Contract to CON 95-260 American Fence Company ($126,300.82) to furnish and install fencing for City property. q. Accept bid from Henberger Automation ($81,547.54) for a traffic preemption system (signal priority control) for the Fire Department (Capital Outlay Fund). r. Accept bid from Halprin Supply Company ($23,804.14) for turnout coats and pants for the Fire Department. S. Accept bid from Altec Industries, Inc. ($58,384.76) for replacement truck with service body and aerial device for General Services Division (Equipment Management Fund). t. Accept bid from Rain for Rent ($45,890.13) for two replacement trailer mounted water pump units for Streets Division (Equipment Management Fund). U. Accept bid from New Technologies ($254,660.81) to replace 134 IBM personal computers and monitors. Bakersfield, California, October 11, 1995 - Page 7 8 CONSENT CALENDAR continued Motion by DeMond to adopt items (a) through (u) of the Consent Calendar, with the exception of Items b. and i.2. b. Minutes of the Workshop, Closed Session and Regular Meeting of September 27, 1995. Motion by Rowles to adopt Item b. of the Consent Calendar with a correction to the September 27th Minutes, Page 12, Item 2, to read: "Rowles announced the cancellation of the October 3rd meeting. Budget & Finance Committee had already issued policy decision on that matter." ACTION TAKEN APPROVED APPROVED McDermott requested the minutes reflect the Mayor's absence on Page 7, Item 10. a. 9. i. 2. Final Map and Improvement AGR 95-261 Agreements with Castle & Cooke AGR 95-262 Homes, Inc., for Tract 5770, located on the southeast corner of Brimhall Road and Calloway Drive. (Ward 4) Motion by McDermott to of the Consent Calendar. HEARINGS adopt Item i.2 a. Hearing to consider a Resolution finding that certain weeds, debris and waste matter on certain properties constitute a public nuisance and directing the Building Director to abate such nuisance. (Ward 2: 4 properties; Ward 3: 1 property; Ward 7: 21 properties) Building Director Fidler confirmed the status of the 26 properties. Hearing opened at 7:40 p.m. No one spoke at hearing. Hearing closed at 7:40 p.m. Motion by Salvaggio to adopt Resolution. APPROVED RES 157-95 APPROVED Bakersfield, California, October 11, 1995 - Page 8 9. HEARINGS continued ACTION TAKEN b. Protest hearing for Kingsley No. 1 RES 158-95 Annexation located near the corner of Kingsley and Castro Lanes. (Proceeding 1189, Annexation 385) (Ward 6) Hearing opened at 7:41 p.m. No one spoke at hearing. Hearing closed at 7:41 p.m. Motion by Sullivan to adopt Resolution APPROVED ordering the territory annexed to the City of Bakersfield and included in the Greater Bakersfield Separation of Grade District. C. Appeal by Sarah Melby on behalf of Fox Creek Homeowners Group of Planning Commission decision recommending approval of Zone Change No. 5646 (recreation/aquatics facility & storage facility): 1. Ordinance amending Title 17 of the FR Bakersfield Municipal Code and Zoning Map No. 102-32 by changing the zoning of 25.4 acres, generally located south of Brimhall Road approximately 700 feet west of its intersection with Coffee Road, from General Commercial to Planned Commercial Development. (Ward 4) Correspondence was received in opposition to the location of the proposed recreation/aquatics facility and mini-storage facility from Caroline Reid; Bartholomew & Kathy Thompson; Linda Quimby; Greg & Telma Nichols; and petitions with approximately 360 signatures. Correspondence was also received from The Fox Creek Homeowners Group clarifying issues of concern; and from Ron Froehlich, Jr., Froehlich Signature Homes, submitting letters of support for Buccaneer Bay. Development Services Director Hardisty provided background information. Bakersfield, California, October 11, 1995 - Page 9 HEARINGS continued ACTION TAKEN C. Hearing opened at 7:48 p.m. The following individuals spoke in opposition to the location of the proposed Aquatics Facility: Charles Page; Cindy Eggert; Caroline Reid; and Janet Lutz. Bill Ramos, Camelot Park, announced a proposal to develop a Camelot Water Park. The following individuals spoke in support of staff recommendation: Ron Froehlich, Froehlich Signature Homes; and Randy Mendioroz, Aquatic Design Group. The following individuals spoke in rebuttal (opposition): Charles Page; Cindy Eggert; Caroline Reid; and Sarah Melby. The following individuals spoke in rebuttal (support): Randy Mendioroz, Aquatic Design Group; and Bill King, representing In-Line Roller Hockey Committee. Hearing closed at 8:29 p.m. Motion by McDermott to uphold the APPROVED decision of the Planning Commission with the following amendments to Conditions of Approval: ■ Condition 3 - Add to the end "Upon installation all 36" boxed Coast Redwood Trees, minimum caliper size of 3", minimum height of 151; all 24" boxed Coast Redwood Trees shall have a minimum caliper size of 20, minimum height of 101. The size shall be verified by the City at the final landscape inspection." ■ Condition 19 - Add "No speaker shall be elevated more than 4 feet from the ground or floor." ■ Condition 12b - Change to read, "The conditions will depend upon the revised traffic study factoring in required access to Coffee Road." Bakersfield, California, October 11, 1995 - Page 10 9. HEARINGS continued ACTION TAKEN C. ■ Condition 12 - Add c. to read, "Access to Coffee Road will be required to be part of the improvements of this project." ■ Condition 15 - Use the word "may" in place of the word "shall". ■ Add Condition 23a - No freestanding pole signs; using only monument and wall mounted signs. ■ Add Condition 23b - No less than 10 feet of setback for mini-storage ■ Fire access not on River Ranch Drive ■ Add condition 59 - Conditions listed for this project shall be in effect for the life of the project. Failure to comply with any condition will result in enforced action by the City of Bakersfield to obtain compliance. Enforcement could include closure of all or a portion of the facility depending on the extent of the violation. Continued violation could result in a City initiated zone change to review the project in total for compliance and effectiveness of conditions or the need to add additional conditions. Cost associated with enforcement action shall be the responsibility of the owner of the water park. ■ If the water park discontinues operation or goes out of business, it will be the obligation of the property owner to remove the equipment. ■ And give First Reading to ordinance with a final map be brought back to Council with adoption of Ordinance. Mayor recessed the meeting at 8:53 p.m. and reconvened the meeting at 9:00 p.m. Bakersfield, California, October 11, 1995 - Page 11 9. HEARINGS continued ACTION TAKEN d. Appeal of Board of Zoning Adjustment RES 159-95 decision to approve Conditional Use Permit No. 5648 to allow funeral consultation and related administration; and temporary storage and transfer of cremated human remains (no cremation to occur on the site) in a Professional and Administrative Office Zone district located at 201 H Street. (Neptune Society) (ward 1) Twenty-four (24) pieces of correspondence and petitions with 307 signatures have been received in opposition to the Neptune Society locating in the H Street neighborhood: Three (3) pieces of correspondence have been received in support of the Neptune Society locating on H Street. Development Services Director Hardisty provided background information. Hearing opened at 9:10 p.m. The following individuals spoke in opposition to staff recommendation: Curtis Darling; LeeAnne Martin, owner, Country Rose Tea Room, and submitted written material; Don Hall, Don Hall Jewelers; Gary O'Neil, Chair, Oleander Sunset Association; Mike Schlitz; and Melodye Bullis. The following individuals spoke in support of staff recommendation: Gerald Brown, Manager, Neptune Society, and submitted petitions with 260 signatures; Buck Kemp, President, Neptune Society; and Art Powell. The following individuals spoke in rebuttal (opposition): Curtis Darling; and Don Hall, Don Hall Jewelers. The following individuals spoke in rebuttal (support): Gerald Brown, Manager, Neptune Society; and Art Powell. Hearing closed at 9:42 p.m. Bakersfield, California, October 11, 1995 - Page 12 9. 10. HEARINGS continued ACTION TAKEN d. Motion by Sullivan to adopt Resolution APPROVED upholding the decision of the Board of NS CARSON Zoning Adjustment. SMITH ABS DEMOND REPORTS a. City Manager Oral Report No. 15-95 regarding Placement of Charter Amendments/Ballot Measures on the March 1996 Ballot. Motion by Rowles to accept Report and APPROVED encourage more comment between now and November 8, 1995. b. City manager Oral Report No. 14-95 regarding Positions on League of California Cities Resolutions. Motion by Salvaggio to accept Report and APPROVED implement Recommendations. C. Urban Development Committee Majority Report No. 2-95 and minority Report No. 3-95 regarding The Sports Complex. The following individuals spoke: Stuart Gentry, R B Insurance Services, who submitted written material; Sherry Gentry, State of California; John Patrick Enriquez; Bill Murray, Vice- President, Bakersfield Innkeepers Association; Sterling Lundgren, Residence Inn; Bruce Keith; and Pam Binns. Motion by McDermott to accept the APPROVED Majority and Minority Reports and take action as deemed appropriate. Motion by McDermott to direct the Urban FAILED Development Committee to focus on the NS DEMOND downtown site and bring back ballot CARSON language for March. SMITH SALVAGGIO Bakersfield, California, October 11, 1995 - Page 13 10. REPORTS continued ACTION TAKEN C. Motion by Smith to support staff NAT conducting additional research on the Northeast sight; direct staff to draft an advisory ballot measure which includes all four sights that would be considered for a sports complex; and ask that the people vote as to whether they want a sports complex in the City of Bakersfield and by what means the complex should be funded. Amended motion by Smith to go ahead with APPROVED the advisory election for March 26th NS MCDEPMOT71 with wording to allow citizens to decide ROWLES whether they want a sports complex; and staff to bring back appropriate wording. 11. DEFERRED BUSINESS a. Ordinance adding Madison No. 1 ORD 3675 Annexation to Ward 1, located east of Madison Street, 630 feet north of Watts Drive. (Ward 1) (First Reading 9/27/95) Motion by Carson to adopt Ordinance. APPROVED b. Ordinance repealing Chapter 1.12 of the ORD 3676 Bakersfield Municipal Code and adding a new Chapter 1.12 thereto pertaining to the realignment of ward boundaries and making findings for their establishment and reapportionment of population therefore. (First Reading 9/27/95) Motion by Salvaggio to adopt Ordinance. NAT Amended motion by McDermott to adopt the FAILED Ordinance with the following amendments: NS DEMOND ■ Kingsley No. 1 to go to Ward 7 CARSON ■ Precinct 231 (Pacheco & South H) to SMITH stay in Ward 7. SALVAGGIO Bakersfield, California, October 11, 1995 - Page 14 11. DEFERRED BUSINESS continued b. Amended motion by Salvaggio to adopt ordinance adding Kingsley No. 1 to Ward 7. 12. NEW BUSINESS a. Emergency ordinance amending Subsection A. of Section 17.69.040 of the Bakersfield Municipal code relating to separation and distance requirements for adult entertainment businesses. Motion by DeMond to adopt Emergency Ordinance. b. ordinance amendments relating to lot sizes (from 7/19/95): 1. ordinance amending Chapter 17.14 of the Bakersfield Municipal Code relating to setbacks and minimum lot sizes for one family dwellings in Limited Multiple Family Dwelling Zones. 2. Ordinance amending Section 16.28.170 of the Bakersfield Municipal Code relating to lot sizes for one family dwellings in Limited Multiple Family Dwelling Zones and reduction in minimum lot size requirements in subdivisions. McDermott requested staff respond to the correspondence from Martin-McIntosh, dated October 10, 1995. C. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-17 by changing the zoning of 7.27 acres, located at the southwest corner of Gosford Road and District Boulevard, from Limited Multiple Family Dwelling to Limited Multiple Family Dwelling-Church. (ZC 5653) (Ward 4) ACTION TAKEN APPROVED NS MCDERMOTT ROWLES ORD 3677 APPROVED FR FR FR e,, Bakersfield, California, October 11, 1995 - Page 15 12. NEW BUSINESS continued ACTION TAKEDI d. Ordinance adding Sections 13.04.021, FR 13.04.022 and 13.04.023 to the Bakersfield Municipal Code relating to maintenance districts. e. Ordinance amending Section 8.32.060 of FR the Bakersfield Municipal Code relative to billing collection and payment of charges for refuse collection. f. Elections: 1. Resolution calling the Primary RES 160-95 Municipal Election for the Office of Mayor, and Special Municipal Election for the Amendments to the City Charter, requesting the Board of Supervisors of the County of Kern to order consolidation of said Elections with the State of California Presidential Primary to be held Tuesday, March 26, 1996, setting priorities for filing written arguments regarding City measures and directing the City Attorney to prepare an Impartial Analysis. 2. Resolution providing for filing of RES 161-95 rebuttal arguments for City measures submitted at the Bakersfield Special Municipal Election. City Attorney Skousen provided back- ground information. Motion by DeMond to adopt Resolutions. NAT Amended motion by McDermott to include a FAILED ballot measure to allow privatization NS DEMOND for city services. CARSON SMITH SALVAGGIO Motion by DeMond to adopt Resolutions. APPROVED NS MCDERMOTT ROWLES SALVAGGIO Bakersfield, California, October 11, 1995 - Page 16 12. NEW BUSINESS continued g. Agreement with E. Del Smith 6 Company for lobbyist services in Washington D.C. City Manager Tandy provided background information. Motion by Salvaggio to not renew an agreement with E. Del Smith. Motion by McDermott to recess to Closed Session at 12:04 a.m. CLOSED SESSION continued ACTION TAKEN APPROVED APPROVED r 2. Conference with Legal Counsel - Existing STAFF WAS Litigation. C losed Session pursuant to INSTRUCTED TO Government Code Section 54956.9(a) regarding ENFORCE THE the bankruptcy of Riverlakes Ranch, Ltd., R I V E R L A K E S U.S. Bankruptcy Court, Central District of RANCH AGREEMENT California, Case No. SA 94-16719-JR. Motion by DeMond to adjourn Closed Session at APPROVED 12:25 a.m. Mayor reconvened the Regular and Special Meetings at 12:32 a.m. Mayor Price announced Closed Session action as reflected on this page. 13. COUNCIL STATEMENTS 14. ADJOURNMENT Motion by McDermott to adjourn the Regular APPROVED and Special Meetings at 12.33 p.m. MAYOR of he City of Bakersfield, CA ATTEST: ~i CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA OCT11 MIN 10/23195 8:27am