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HomeMy WebLinkAbout11/06/02 MINUTES CC811 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 6, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PREMEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan (seated at 5:25 p.m.) None 2. WORKSHOP Strategic Implementation Process Update for Catholic Healthcare West, Timothy Moran, President of Mercy - Mercy SW Hospital and Jon Van Boening, President of Bakersfield Memorial Hospital gave a computer presentation and provided written material. Motion by Salvaggio to recess to Closed Session at 5:42 p.m. 3. CLOSED SESSION Conference with Legal Counsel - Existing Litigation - Closed session pursuant to subdivision (a) of Government Code section 54956.9; Ochoa v. City of Bakersfield, et al; USCD Case No. CV-F-01-5559 AWl DBL Motion by Salvaggio to adjourn from Closed Session at 6:28 p.m. REGULAR MEETING 1. INVOCATION by Robert Proctor of Southwest Christian Center PLEDGE OF ALLEGIANCE by Erika Gibson, 8th grade Tevis Junior High School ACTION TAKEN APPROVED NAT APPROVED 312 Bakersfield, California, November 6, 2002 - Page 2 ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice Mayor Salvaggio, Councilmembers Carson, Benham, Maggard, Couch, Hanson, Sullivan Absent: None CLOSED SESSION ACTION Mayor Hall announced there was no reportable closed session action. NAT PRESENTATIONS Presentation by Mayor Hall of Proclamation to Jimmy Layton, of Kern Regional Center proclaiming November 8, 2002, as "People First of Kern County Day." Fire Chief Ron Fraze made presentations acknowledging the donations of private businesses to support the Bakersfield Fire Department Water Rescue Team. Presentations were made to: John and Jennifer Booker, Kawasaki of Bakersfield, Darrin Fulce, Bakersfield Yamaha, Mayor Harvey L. Hall, Hall Ambulance, Dean Ross, All That Lettering, Matt's Paint and Body and Thompson Ski Ranch. Chief Fraze also recognized Kenny Wiggins, Ai Johnson, and Tim Lynch, Bakersfield City Fired Department team members who coordinated the program. PUBLIC STATEMENTS a. Jimmy Layton spoke regarding People First of Kern County, an organization representing people with special needs. b. Barbara Butler spoke regarding People First of Kern County. c. Raymond Ferrell spoke regarding People First of Kern County. Bakersfield, California, November 6, 2002 - Page 3 ACTION TAKEN 6. PUBLIC STATEMENTS continued Sondra Boren spoke regarding Special Olympics and People First of Kern County. Howard Rodgers spoke regarding People First of Kern County. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: Approval of November 6, 2002 Council Meeting Minutes. Payments: Approval of department payments from October 4, 2002 to October 24, 2002 in the amount of $9,838,800.61 and self insurance payments from October 4, 2002 to October 24, 2002 in the amount of $245,980.76. Ordinances: Adoption of an Ordinance amending section 5.50.300 of the Bakersfield Municipal Code regarding appeal of revocation or suspension of taxi driver's permit. (First reading 10-16-02) Ordinance amending Chapter 15.74 of the Bakersfield Municipal Code relating to flood damage prevention. (First reading 02) Ordinance amending Section 10.72.030 of Chapter 10.72 of the Bakersfield Municipal Code relating to designated boundaries of the Downtown Parking Mall. (First reading 10-16-02) (Ward 2) ORD 4093 ORD 4094 ORD 4095 314 Bakersfield, California, November 6, 2002 - Page 4 8. CONSENT CALENDAR continued ACTIONTAKEN First Reading of an Ordinance repealing Municipal Code resulting in the disbanding of the Citizens' Community Services Advisory Committee. Resolutions: Resolution of Intention No. 1284 to add territory, Area 4-24 (Baker Street) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. (Ward 2) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield, property identified as Annexation No. 438, located in two separate areas (1) at the northwest corner of Springdale and Sunflower Way and (2) along the east side of Allen Road, between Olive Drive and Snow Road. (Wards 4, 7) Changes to Salary Schedule, Title Changes and New and Revised Job Specifications: Amendment No. 7 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Applications Systems Supervisor, GIS Supervisor, Technology Services Supervisor, Assistant Director of Information Technology and Director of Information Technology. ROI 1284 RES 180-02 RES 122-01(7) Bakersfield, California, November 6, 2002 - Page 5 315 8. CONSENT CALENDAR continued ACTIONTAKE~ Amendment No. 4 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for GIS Technician, GIS Analyst, Help Desk Specialist, Network Systems Technician, Network Systems Analyst, Network Systems Engineer, Programmer Analyst, Webmaster, and Light Equipment Operator - Water. New Job Specifications: Technology Services Supervisor and Light Equipment Operation - Water. RES 046-02 (04) Title Changes and Revised Job Specifications: Office System Support Assistant to Help Desk Specialist, Office Systems Technician to Network Systems Technician, Office Systems Analyst to Network Systems Analyst, Senior Office Systems Analyst to Network Systems Engineer, Information Systems Analyst (1 position) to Webmaster, Information Systems Analyst (4 positions) to Programmer Analyst, Data Processing Supervisor to Applications Systems Supervisor Data Processing Manager to Assistant Director of Information Technology,Management Information Services Director to Director of Information Technology. Resolution adding territory, Area 4-18 authorizing collection of and confirming and confirming the assessments, approving the Public Works Director's report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RES 182-02 316 Bakersfield, California, November 6, 2002 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Resolution declaring the results of the Special Municipal Election, held in the City of Bakersfield on October 8, 2002 for the Allen No. 5 Annexation, Measure A, and declaring the territory attached to the City of Bakersfield incorporated area. RES 183-02 Local Government Air Quality Measures Resolution to Implement Local Government Transportation Control Measures in the Severe Area Ozone Plan for the San Joaquin Valley. RES 184-02 Resolution to Implement Local Government Control Measures in the PM-10 Plan for the San Joaquin Valley. RES 185-02 Agreements: (Ward 4) Tract Maps/Improvement Agreements Final Map and Improvement Agreement with Ennis Homes, Inc., for Tract 6056 Phase 1 located east of Jewetta Avenue and north of Reina Road. (Ward 4) Final Map and Improvement Agreements with Stuart Thomas Incorporated, DBA Lenox Homes for Tract 6064 Phase 2 located south of Berkshire Road and east of South H Street. (Ward 7) Final Map and Improvement Agreements with Communities At River Oaks, LLC for Tract 6034 Phase 1 located south of Stockdale Highway and west of Buena Vista Road. 0Nard 4) Final Map and Improvement Agreement with Communities at River Oaks, LLC for Tract 6034 Phase 2 located south of Stockdale Highway and west of Buena Vist Road. AGR 02-309 AGR 02-310 AGR 02-311 AGR 02-312 AGR 02.313 AGR 02-314 AGR 02-3'15 Bakersfield, California, November 6, 2002 - Page 7 CONSENT CALENDAR continued ACTION TAKEN Final Map and Improvement Agreement with D. R. Horton Los Angeles Holding Company, Inc., for Tract 6107 Phase 1 located north of Hageman Road and east of Calloway Drive. (Ward 4) AGR 02-316 Final Map and Improvement Agreement with Vista Finestra I, LLC, for Tract 5077 Phase 2 located at Vista Finestra Drive and Lene Place north of Highway 178. (Ward 3) AGR 02-3'17 Final Map and Improvement Agreements with San Joaquin Development Group, LLC, for Tract 5947 Phase 2 located south of McKee Road and west of Wible Road. 0Nard 7) AGR 02-318 AGR 02-319 Final Map and Improvement Agreement with Vista Finestra I, LLC, for Tract 6012 Phase 1 located north of Stockdale Highway and west of Renfro Road. 0Nard 4) AGR 02-320 n. Consultant Services Agreement: Approval of contract with Sanli Pastore & Hill for consultant services (reimbursement for relocation of Corporation Yard) in an amount not to exceed $50,000. AGR 02-32'1 Appropriate $50,000 Equipment Management Fund Balance to the Public Works Department's Operating Budget. Agreement with Kyle Carter Homes Inc. to purchase real property in tract 5993, phase 4 located west of Calloway Road, south of Snow Road for $58,000 for a domestic water well site. (Ward 4) AGR 02-322 317 Bakersfield, California, November 6, 2002 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN Agreements for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change No. 02- 0806. (Ward 4) Agreement with Development Resource Consultants for the preparation of an EIR and appropriate $105,846.00 developer's contribution to the Development Services Operating Budget in the general fund. Agreement with Michael Brandman Associates for $79,384.00 to prepare an EIR for General Plan Amendment/Zone Change No. 02- 0806, generally located east of Coffee Road and north of Meany Road. South Mount Vernon Recycling Center: Contract Change Order No. I to Agreement No. 02-182 with Griffith Company in the amount of $20,816.45 (for total contract amount of $83,858.45) for the additional asphalt paving at South Mount Vernon Recycling Center Project. (Ward 1) Agreement with City of California City, a municipality having tax exempt status under the Internal Revenue Code, to purchase six (6) police vehicles from the City for $9,000. Agreement with North Bakersfield Recreation and Park District, a tax exempt special district of the State of California, to purchase one (1) surplus police vehicle from the City for $1,500. Agreement with Riverlakes Investment Company for ditch eradication and pipeline. (Ward 4) AGR 02-323 AGR 02-324 CCO 1 AGR 02-182 AGR 02-325 AGR 02-326 AGR 02-327 Bakersfield, California, November 6, 2002 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Agreement to Indemnify LAFCO for City Annexation No. 435, Proceeding 1343, uninhabited territory located in two separate areas (1) south of State Route 58, east of Oswell Street and (2) at the northeast corner of Wible Road and McKee Road. (Wards 1,7) Amendment No. 2 to Agreement No. 97-65 with Kern-Tech, Inc., regarding repayment of economic development loan. (Ward 2) 2003 Health Care Contracts Amendment No. 10 to Agreement No. 93-267 with Blue Cross of California Insurance for insurance for Indemnity Health and Dental Services. Amendment No. 9 to Agreement No. 93-266 with Blue Cross/California Care Health Plans for medical services. Amendment No. 6 to Agreement No. 96-148 with Blue Cross of California for the Medicare Risk Plan Senior Secure. Amendment No. 5 to Agreement No. 97-320 with Kaiser Permanente Health Plans for medical services. Amendment No. 5 to Agreement No. 97-321 with Kaiser Permanente Health Pans for medical services for retirees. Amendment No. 11 to Agreement No. 91-280 with Dedicated Dental Systems, Inc., for pre-paid dental services. Amendment No. 10 to Agreement No. 92-278 with Medical Eye Services and Security Life Insurance Company for vision services. AGR 02-238 AGR 97-65(2) AGR 93-267(10) AGR 93-266(9) AGR 96-148(6) AGR 97-320(5) AGR 97-321(5) AGR 9~-280(~ ~) AGR 92-278(10) 820 Bakersfield, California, November 6, 2002- Page 10 CONSENT CALENDAR continued Item 8.w. continued Amendment No. 6 to Agreement No. 96-149 with PacifiCare Inc. for the Medicare Risk Plan Secure Horizons for retirees. 10. Amendment No. 2 to Agreement No. 00-262 with Pacific Union Dental for pre-paid dental services. Amendment No. 2 to Agreement No. 00-263 with PacifiCare Behavioral Health of California, Inc., for Managed Mental Health Care. ACTION TAKEN AGR 96-149(6) AGR 00-262(2) AGR 00-263(2) Quitclaim of canal easements from Norris School District, Donald G. Wattenbarger and Connie R. Wattenbarger, Trustees of the Wattenbarger Living Trust, and Tim and Sharon Banks for abandonment of canal located near Calloway Road and Snow Road. (Ward 4) Quitclaim of real property interest for boundary adjustment in the River Oaks Park Phase 3 Site, located West of South Allen Road, South of the Kern River Channel, to Communities at River Oaks, LLC. (Ward 4) Memorandum of Understanding between the City of Bakersfield and the Assistance League of Bakersfield for acquisition of the League's 13th Street parking lot for the Aquatic Center/Ice Rink Project. DEED 5757 DEED 5758 REMOVED FOR SEPARATE CONSIDERATION aa. Property acquisition: (Ward 1 ) Approve Purchase Agreement, $3,000 with Jesus Romero to acquire real property located south of Williams Street for additional street right-of-way to provide access to nearby residential properties. AGR 02-329 DEED 5759 Bakersfield, California, November 6, 2002 - Page 11 321 8. CONSENT CALENDAR continued ACTION TAKEN Bids: bb. CC. dd. ce. Transfer of $3,500 from Council Contingency to the Non- Departmental Budget in the General Fund for the estimated closing costs and purchase of real property from Jesus Romero. Accept bid from Coalinga Motors, Inc., $111,749.14, for seven (7) midsize sedans for Development Services (2 replacement, 1 additional), General Services (1 additional), Wastewater Treatment (1 additional), Fire (1 additional), and Engineering (1 additional). Accept bid from Central Valley Truck Center, $57,945.03, for one (1) additional Dump Truck for Public Works. Accept bid to award contract to Graham Prewett, in the amount of $170,000 to replace the roof on the main portion of the Police Department Accept bid from Pursuit Technology, Inc., $74,922.12, for Vehicle Lightbars and Miscellaneous Accessories. Relocation of Friant Kern Canal at the Intersection of Olive Drive and Calloway Drive. (Ward 4) Accept bid to award contract to Vadnais Corporation, $3,339,244.00) AGR 02-332 AGR 02-334 AGR 02-335 Appropriate $785,300 fund balance to the Capital Improvement Budget and transfer $894,700 of existing Capital Improvement Project appropriations within the Transportation Development Fund for this Project. 322 Bakersfield, California, November 6, 2002 - Page 12 CONSENT CALENDAR continued gg. Accept bid to award contract to Gantry Constructors, inc. ($1,305,700) for the construction of Wastewater Treatment Plant #3 - 2002 Headworks Upgrade. (Ward 6) hh. Accept bid to award contract to California Electric Supply ($75,527.60) for decorative street lights for Lakeview Avenue Streetscape. 0Nard 1) Miscellaneous: ii. Approval of Community Development Block Grant CDBG) Action Plan Amendment No. 7 (FY96/97), Amendment No. 12 (FY98/99), Amendment No. 10 (FY99/00), Amendment No. 7 (FY00/01), Amendment No. 6 (FY01/02), and Amendment No. 2 (FY 02/03). (Ward 1) Appropriate $100,000 uncommitted CDBG Funds to the Economic and Community Development, Capital Improvement Budget. jj. Appropriate $4,400 PG&E grant fund Bakersfield Redevelopment Project Area, operating budget for the Southeast Bakersfield Business Assistance Program. (Ward 1) kk. Reorganization within the Solid Waste Division to change one vacant Clerk Typist position to an Account Clerk II position. II. Accept Centennial Garden and Convention Center Financial Statements for 2001-02 Fiscal Year. ACTION TAKEN AGR 02-336 AGR 02-337 mm. Revision to Conflict of Interest Code for the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group. 323 Bakersfield, California, November 6, 2002- Page 13 CONSENT CALENDAR continued nh. Appropriate funds to Redevelopment Agency Capital Improvement Budget for property acquisition for Baker Street Mixed Use Project. 0Nard 2) ACTION TAKEN Appropriate $89,000 Old Town Kern Redevelopment Area, Housing Fund Balance to the Old Town Kern Housing Fund, Capital Improvement Budget. Appropriate $137,000 Old Town Kern Redevelopment Area, Operating Fund Balance to the Old Town Kern, Capital Improvement Budget. Salvaggio requested clarification on Consent Calendar item 8. ff. to include approval of agreement with the Bureau of Reclamation and Friant Water Users Authority. Motion by Salvaggio to adopt Consent Calendar Items 8.a. through 8.nn, with separate consideration of item 8.z. APPROVED Consent Calendar Item 8.z. continued on page 21. HEARINGS Staff comments given by Jack Hardisty, Development Services Director for each headng item. Appeal by Bob and John Stevens of the denial of a site plan review (File No. 02- 0751) for the construction of an 8,895 square foot adult entertainment business on a site zoned M-1 (Light Manufacturing) located at 3900 N. Sillect Avenue. (Ward 2) Development Services Director Hardisty spoke regarding staff recommendation against the project. RES 186-02 Bakersfield, California, November 6, 2002- Page 14 HEARINGS continued Last minute correspondence was received from Michael C. Clark, Ph.D. Chief Executive Officer, Kern Regional Center opposing the proposed location of the Exotic Kitty establishment. Hearing opened at 7:37 p.m. Roger Diamond, attorney for the applicants, spoke in opposition of the Development Services Director's decision to deny the site plan review. Bill Bonderoff and Fred Porter spoke in support of the staff recommendation. Roger Diamond spoke in rebuttal in opposition to the staff recommendation. Fred Porter and Bill Bonderoff spoke in rebuttal in support of the staff recommendation. Hearing closed at 8:04 p.m. Salvaggio stated for the record that the City Council was provided with an informational packet of 264 pages background, most of which was requested by Mr. Diamond; in addition he has reviewed all the information provided and considered all the comments by Mr. Diamond; that he has served on the Council almost two decades; has sworn to uphold the United States Constitution; in that time the adult entertainment issue has been addressed many times; regardless of his personal feelings regarding this type of business he must make a decision recognizing this vow. However, he also has a duty to the citizens of the community to protect them from any adverse impacts that may affect them. As a result, over the years he has joined the rest of the Council to adopt ordinances regulating the operations and locations of such businesses. This has been done recognizing the Constitutional right of such businesses to exist and also the secondary impacts an adult entertainment business has on the citizens. In affirming one of the most recent ordinance amendments the Council specifically reviewed a host of studies evaluating these secondary ACTION TAKEN Bakersfield, California, November 6, 2002 - Page 15 HEARINGS continued impacts and found that the distance and spacing requirements of our ordinance were necessary to address these secondary impacts. The appeal at issue is regarding an adult entertainment business which requests permission to establish the business less than one thousand feet from a residential area. The Council has determined by ordinance that in order to protect our citizens from secondary impacts this type of business may not be established within fifteen hundred feet of a residentially zoned area. The Development Services Director, Mr. Jack Hardisty, reviewed the application for this business and determined that the proposed location did not comply with the ordinance and denied the proposal at site plan review; in fact the applicants were told the location was inappropriate prior to the submission of the application but chose to submit the application anyway. Subsequently the applicants appealed to the Planning Commission; that appeal was denied and the appeal was brought to Council. The applicants knew well in advance their proposed location did not comply with the ordinance requirements. When the City Council adopts an ordinance it is law; this applies to Council as well as citizens; the process is long to adopt such laws; the same process is required to change or eliminate a law. This appeal asks that the law be ignored and allow the Stevens to establish the adult entertainment business contrary to the law. I am is unwilling to violate the law or grant an exception to the law for the Stevens'; the accusation that staff has mistreated the Stevens is inappropriate when all staff has done is to follow the law. ACTION TAKEN 325 Motion by Salvaggio to adopt the resolution upholding the decision of the Development Services Director and the Planning Commission's denial of the appeal A PPR 0 VED 326 Bakersfield, California, November 6, 2002- Page 16 HEARINGS continued ACTION TAKEN Continued hearing, an appeal by Stier's Leisure Vehicles, Inc. of the Board of Zoning Adjustment's approval of a Conditiona~ Use Permit (No. 02-660) to allow a recreational vehicle sales and service center within and adjacent to an existing 102,492square foot vacant home improvement building in a C-2 zone district at 6801 Colony Street. (Ward 7) RES 187-02 Hearing opened at 8:18 p.m. Bill Alexander spoke on behalf of Stier's Leisure Vehicles in opposition to the staff recommendation. Lee Fitzgerald and Wayne Kress spoke in favor of the staff recommendation. Bill Alexander spoke in rebuttal in opposition of staff recommendation. Wayne Kress spoke in rebuttal in favor of staff recommendation. Hearing closed at 8:33 p.m. Motion by Salvaggio to adopt the resolution upholding the decision of the BZA. APPROVED General Plan Amendment P01-0102; State law requires review and revision of the Housing Element of the Metropolitan Bakersfield 2010 General Plan by June 30, 2002; Resolution approving the Negative Declaration, adopting the Housing Element Update and directing staff to transmit the adopted Housing Element to the State Department of Housing and Community Development. (All Wards) Hearing opened at 9:09 p.m. No one spoke at hearing. Hearing closed at 9:09 p.m. RES 188-02 Motion by Couch to adopt the resolution. APPROVED Bakersfield, California, November 6, 2002 - Page 17 HEARINGS continued ACTIONTAKEN Recess taken from 8:55 p.m. to 9:05 p.m. General Plan Amendment/Zone Change 02- 0659; Maximus III Company and the Neighborhood Empowerment & Economic Development (N.E.E.D.) proposed a GPA and ordinance amendment for approximately three acres, located along the north side of W. Columbus Street, generally west of Union Ave. 0Nard 3) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from LMR (Low Medium Density Residential) to HMR (High Medium Density Residential) on three acres. RES 189-02 Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-18 from C-1 (Neighborhood Commercial) and C-2 (Regional Commercial to R-2 Limited Multiple Family Dwelling) on three acres. Hearing opened at 9:11 p.m. Max Basarra spoke in support of the staff recommendation. Hearing Closed at 9:12 p.m. Motion by Maggard to adopt the resolution and give first reading to the ordinance. APPROVED 327 General Plan Amendment/Zone Change 02° 0609; Soper Homes. Inc., has proposed a GPA and ordinance amendment for approximately 20 acres, located at the southwest corner of Brimhall Road and Jenkins Road. (Ward 4) Bakersfield, California, November 6, 2002- Page 18 HEARINGS continued ACTION TAKEN 1. Resolution approving the Negative RES 190-02 Declaration and adopting the General Plan Amendment to change land use designation from R-lA (Resource- Intensive Agriculture) to SR (Suburban Residential) on 20 acres and to amend the Circulation Element by deleting Jenkins Road south of Brimhall Road as a collector segment. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture to E (Estate) on 20 acres. Hearing opened at 9:26 p.m. Mike Soper, Soper Homes, spoke in favor of the staff recommendation. Hearing closed at 9:30 p.m. Motion by Couch to adopt resolution adopting the Negative Declaration approving the General Plan Amendment and give first reading to the ordinance to be revised to include the addition of a traffic diverter which would limit access of through traffic to Appaloosa Avenue; to be reviewed by the traffic engineer who would use this design to accomplish diversion of traffic. APPROVED Concurrent General Plan Amendment/Zone Change No. 02-0626; Mclntosh and Associates has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from HI (Heavy Industrial) to LI (Light Industrial) on 9.93 acres and HI to HMR (High Medium Density Residential) on 18.76 acres. The applicant has also proposed to change the zoning from M-2 (General Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M-2 (General Manufacturing) to R-3 (Limited RES 191-02 Bakersfield, California, November 6, 2002- Page 19 3 2 9 HEARINGS continued Multiple Family) on 18.76 acres located adjacent on the west side of Oswell Street, south of Highway 58. (Ward 1) ACTION TAKEN Resolution approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from HI (Heavy Industrial) to LI (Light Industrial) on 9.93 acres and HI to HMR (High Medium Density Residential) on 18.76 acres. An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 124-03 from M-2 (General Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M- 2 (General Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres. Hearing opened at 9:40 p.m. Roger Mclntosh spoke in favor of the staff recommendation. Hearing closed at 9:41 p.m. Motion by Carson to adopt resolution and give first reading to the ordinance. APPROVED General Plan Amendment/Zone Change 02- 0616; Gregory W. Davis has proposed a GPA from R-lA (Resource~Intensive Agriculture) to HMR (High Medium Density Residential) and an ordinance amendment from A-20A (Agriculture-20 Acre Minimum Lot Size ) to R-2 (Limited Multiple-Family Dwelling) on 18.64 acres located along the southeast corner of Allen Road and Reina Road. (Ward 4) RES 192-02 Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA to HMR. 330 Bakersfield, California, November 6, 2002 - Page 20 HEARINGS continued Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 ACTION TAKEN Hearing opened at 9:47 p.m. Floyd Hinesley and Jim Murphy spoke in opposition to the staff recommendation. Roger Mclntosh and Greg Davis spoke in favor of the staff recommendation. Jim Murphy and Floyd Hinesley spoke in rebuttal in opposition to staff recommendation. Roger Mclntosh and Greg Davis spoke in rebuttal in favor of staff recommendation. Hearing closed at 10:12 p.m. Motion by Couch to adopt the resolution and give first reading to the ordinance with the following conditions: APPROVED Twelve units minimum per acre · Block masonry wall running along the east and south sides of the property One active recreational amenity One on-site manager · Amenities be included in at least one of the first two phases · Trees be planted to create a screen at the perimeter General Plan Amendment 02-0629; resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from HMR (Hight Medium Density Residential) to LMR (Low Medium Density Residential) on 25.41 acres located at the northwest corner of Panama Lane and Ashe Road. (Ward 6) RES 193-02 Hearing opened at 10:29 p.m. Bakersfield, California, November 6, 2002 - Page 21 HEARINGS continued 831 10. 11. 12. 13. No one spoke. Hearing Closed at 10:29 p.m. Motion by Sullivan to adopt the resolution. CONSENT CALENDAR continued Memorandum of Understanding between the City of Bakersfield and the Assistance League of Bakersfield for acquisition of the League's 13~h Street parking lot for the Aquatic Centedlce Rink Project. City Manager Tandy gave background. Motion by Salvaggio to adopt agreement. REPORTS None. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL & MAYOR STATEMENTS Benham thanked the Public Works Department for the street restructuring and resun~acing during the summer and fall, specifically 21st Street and the re- striping of the lanes. Benham requested that in preparation for a community meeting with the Westchester neighborhood on Nov. 14, the Public Works staff refer to a memo dated February ~h from Lt. Taylor of the Traffic Section of the Police Department, and a suggestion by Sgt. Off, that temporary four-way stops be place at the 18~ and C Street and 21st and C Street intersections, and provide more extensive information prior to that meeting. ACTIONTAKEN APPROVED AGR 02-338 APPROVED 332 13. Bakersfield, California, November 6, 2002 - Page 22 COUNCIL & MAYOR STATEMENTS continued ACTION TAKEN Benham requested Traffic respond to Mr. William Burke regarding the intersection near Roosevelt School at A and Bank Street. Benham requested Public Works respond to correspondence she received from the minister at the Baker Street Church of Christ regarding the trains at Baker Street and the Truxtun/Edison intersection. Benham requested staff look into a traffic issue at Dolores and Owens Streets. Benham requested staff address a trash pick up concern on Niles St. Benham requested staff address a drainage concern at the intersection of 21st and Inyo Streets. Hanson asked when staff woutd be meeting with the six candidates who would be potential operators for the ice rink. City Manager Tandy responded. Hanson asked for information regarding the 30 day contract termination notice received by the City from Select Temporary Services and why they no longer wish to do business with the City and if this would create a hardship for the City. City Manager Tandy responded. Hanson stated that he was very pleased Mr. Sivers had closed escrow on several properties. Hanson gave congratulated Jim Foss and the staff at the Convention Center and Centennial Garden on the improved numbers and stated the facility is an asset to the City. Hanson requested a workshop be held regarding PER& Sullivan congratulated the four incumbents on their re-elections to the City Council. Sullivan made comments regarding vandalism at the Beech Park skate park. 13. Bakersfield, California, November 6, 2002 - Page 23 COUNCIL & MAYOR STATEMENTS continued Sullivan stated she is leaving in the morning for Germany. ACTION TAKEN Carson requested a copy of the mail out list regarding the statement of interest for the Southeast Business Assistance Program. Carson requested a study be made regarding the feasibility of converting the four-way stop at Casa Loma and Madison to a signal light. Maggard requested staff provide an update on the mitigation of mold infestations, and where the situation stands with Dr. Jinadu. Maggard thanked Public Works Director Rojas for his diligence regarding the safety of the water line being installed along Morning Dr. and Panorama, and asked that attention be paid to the patch as it does not meet the original road surface in an adequate manner and needs to be repaired. Maggard commended the people involved in bringing the Hwy. 99 Car Show to Bakersfield; Tim Taylor and his crew from the Police Department for their work with the public during the show. Maggard recognized Wayne Lance, who lives near the East Hills Mall, as a 'Neighborhood Hero' for his diligence in reporting eleven instances of graffiti and directing City staff to the exact location of the graffiti so it could be covered. Maggard encouraged all citizens to use Mr. Lance as an example, reclaim their neighborhoods and report grafitti. Couch congratulated the recently re-elected Councilmembers. Couch will provided John Stinson with referrals. Couch referred the issue of obtaining more local control regarding the installation of stop signs to the Urban Development Committee. Salvaggio requested an update regarding the diagonal parking on the south side of 17~h Street between N and Q Streets. This is the location of the new EDCD and Parks and Recreation offices. 333 Bakersfield, California, November 6, 2002 - Page 24 13. COUNCIL & MAYOR STATEMENTS continued Salvaggio requested an update on the Akers Rd. extension; between Pacheco and White Ln. ACTION TAKEN Mayor Hall commended the Parks and Recreation Department for the Halloween event at Yokuts Park Saturday evening before Halloween. Mayor Hall commended organizers of the Hwy. 99 event. Mayor Hall expressed appreciation for the orientations he received from Water Resources Manager Bogad, Water Resources Director Core and Development Services Director Hardisty. 14. ADJOURNMENT Mayor Hall adjourned the meeting at 11:05 a.m. z_ MAYC~R of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Offi(~ Clerk of the Council of the City of Bakersfield