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