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