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HomeMy WebLinkAbout02/12/03 MINUTES CC 2..'-. v MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING FEBRUARY 12, 2003 City Council Chamber, City Hall, 1501 Truxtun Ave. Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m. PREMEETING 1. ROLL CALL ACTION TAKEN Present: Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan (seated at 5:23), Salvaggio Absent: Mayor Hall 2. WORKSHOP a. Ambulance rate request Workshop. City Attorney Thiltgen made comments regarding ambulance rates and Government Code 1090. Couch requested staff amend the ambulance fee increase Ordinance and bring before the Council for First Reading at the February 26 Council Meeting. In addition the following points are to be addressed by the City Attorney: . Request an opinion from the State Attorney General's Office regarding the interpretation of Government Code 1090, including alternatives. . Recommendation regarding the formation of an advisory council, how it should be comprised, i.e., task force, consultant, etc. . Feasibility of economic study, with applicant to bear the cost, regarding fee increases. Couch requested staff consult Mr. Baumstock, Kern County Emergency Services, and invite him to the February 26 meeting. 3. CLOSED SESSION None. "f, 4l l' ," Bakersfield, California February 12, 2003 - Page 2 Motion by Benham to recess 6:11 at p.m. REGULAR MEETING 1. INVOCATION by Pastor Martin Murdock, Wesley United Methodist Church. 2. PLEDGE OF ALLEGIANCE by Hannah Bonderov, 1" Grade Student, Stockdale Elementary School. 3. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Council members Carson, Benham Maggard, Hanson, Sullivan, Salvaggio Absent: None Motion by Couch to add an item which arose after the agenda was posted and required action at this Council Meeting. B.y. Purchase Agreement for 1311 "0" Street (APN 006-471-02) for Convention Center/Arena parking. 4. CLOSED SESSION ACTION None. 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Betty Eaves, President of the Assistance League of Bakersfield, proclaiming February 19, 2003, "Assistance League Day." b. Presentation by Mayor Hall of Proclamation to Helen Collins, President of Bakersfield Elementary Teachers Association, proclaiming March 3, 2003, as "Read Across Bakersfield Day." 6. PUBLIC STATEMENTS Craig Smith and Michelle Beck, Bakersfield Bluffs and Open Space Committee spoke and presented material regarding the Northeast bluffs. ACTION TAKEN APPROVED APPROVED Bakersfield, California February 12, 2003 - Page 3 6. PUBLIC STATEMENTS continued Maggard referred to the Urban Development Committee the bluffs and open space issue and requested staff notify Craig Smith and Michelle Beck when the subject will be on the Committee agenda. Robert Kapral spoke and submitted written material regarding the Northeast bluffs. Maggard requested staff Mr. Kapral and the landowners in the affected area be notified when the Urban Development Committee addresses the Northeast Bluffs and Open Space issue. Dick Taylor, California Off-Road Vehicle Association and Kern Off- Highway Vehicle Association, spoke regarding the Off Highway Vehicle Park project. Robert Harriman, representing Citizens for Local Control, requested the Council withdraw the item on the Consent Calendar addressing the EIRs for items 9.d. and 9.e. on the Hearing Calendar, and have them heard concurrently with the General Plan Amendment and Zone Changes for those items. Dorothy Montgomery spoke opposing the proposed Walmart Super- Centers. Jared Foster spoke in opposition regarding the EIR for the project at Harris and Gosford. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Minutes from Meeting of January 29, 2003. Payments: b. Approval of department payments form January 17, 2003 to January 30, 2003 in the amount of $6,435,366.84 and self insurance payments from January 17, 2003 to January 30, 2003 in the amount of $642,410.21. '1 1 ACTION TAKEN '..l.... '~j i'-' Bakersfield, California February 12, 2003 - Page 4 8. ACTION TAKEN CONSENT CALENDAR continued Ordinances: c. First reading of an Ordinance adding a new Chapter 8.90 to FR the Bakersfield Municipal Code Regulating Land Applications of Biosolids within the City Limits, d. Adoption of an Ordinance amending Bakersfield Municipal ORD 4106 Code Section ~1.12.010, ~1.12.040, ~1,12.060, and ~1.12.070 by adding Annexation No. 434 to Ward 4 and portions of Annexation No. 435 to both Ward 1 and Ward 7 and a portion of Annexation No. 436 to Ward 6. (Ward 1.4.6,7) (First reading 1/29/03) e. Adoption of an Ordinance amending Chapter 15.64 of the ORD 4107 Bakersfield Municipal Code relating to the California Fire Code. (First reading 1/15/03) Resolutions: f. ROl1290 Resolution of Intention No. 1290 to add territory, Area 4-26 (Paladino, Masterson NE) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) g. Resolution adding territory, Area 5-08 (Panama, Colony North) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RES 019-03 h. RES 020-03 Resolution making CEQA findings and certification of Environmental Impact Report (EIR) General Plan Amendment and Concurrent Zone Change No. 02-0193 located east of State Route 99, north of Panama Lane. (Ward 7) i. Resolution making CEQA Findings and Certification of the Final Environmental Impact Report (EIR) for General Plan Amendment and Concurrent Zone Change No. 02-0030 located adjacent on the west side Gosford Road, between Pacheco Road and Harris Road. (Ward 5) RES 021-03 Bakersfield, California February 12, 2003 - Page 5 8. CONSENT CALENDAR continued j. A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 440 & 441 located along the west of Gosford Road, south of Panama Lane to McCutchen Road and along the west side of Allen Road, north of Noriega Road. (Ward 4,5) Agreements: k. Demolition of improvements for the Bakersfield Senior Housing Project Center on the north side of 5'h Street, east of R Street: (Ward 1) a. Contract Change Order NO.1 to Agreement No. 02- 284 (Demolition of improvements at 612 5th Street) with Irwin Excavation in the amount of $8,500. b. Contract Change Order NO.2 to Agreement No. 02- 284 (Demolition of improvements at 500 "R" Street) with Irwin Excavation in the amount of $6,500. I. Relocation of the Friant-Kern Canal at the intersection of Olive Drive and Calloway Drive. (Ward 4) 1. Contract Change Order NO.2 to Agreement No. 02- 334 with Vadnais Corporation in the amount of $239,280 (for a total contract amount of $3,588,355.36). 2. Appropriate $60,000 Sewer Enterprise Fund balance to the Capital Improvement Budget for sewer main improvements. m. Amendment NO.1 ($24,000 for a total not to exceed compensation clause of $69,000) to Consultant Agreement No. 02-281 with Maurice Etchechury for project management of Friant-Kern Canal Relocation, Calloway Canal Culvert and Calloway Drive/Olive Drive Intersection Construction. (Ward 4) n. Occupancy License Agreements with San Joaquin Valley Railroad to allow underground domestic water pipeline crossings. (Ward 6) a3 ACTION TAKEN RES 022-03 RES 023-03 CC01 02-284 CC02 02-284 CC02 02-334 AGR 02-281(1) AGR 03-019 AGR 03-019(A) 8. CONSENT a'l Bakersfield, California February 12, 2003 - Page 6 CALENDAR continued ACTION TAKEN o. Agreements with North Kern Water Storage District for Olive Drive bridge over Calloway Canal Project: (Ward 4) 1. Road Easement Agreement ($35,000) AGR 03-020 2. Storm Drain and Water Line License Agreement (not AGR 03-021 to exceed $5,000) 3. Nuisance Water License Fee Agreement (not to AGR 03-022 exceed $2,000) p. Transportation Impact Fee Agreement: (Ward 4) 1. Transportation Impact Fee Agreement with Vista AGR 03-023 Finestra I, LLC for Tract 6012, located north of Stockdale Highway, adjacent to Renfro Road (Impact fee credit not to exceed $66,108 and reimbursement amount of $45, 995). 2. Transfer $45, 995 of appropriations within the Gas Tax Fund's Capital Improvement Budget to fund reimbursement to developer for costs to landscape median islands along a specific section of Renfro Road. q. Transportation Impact Fee Agreement with Stonecreek AGR 03-024 Partners, Inc. for Tract 6124 (Estimated Impact Fee Credit- $117,661), located on Wible Road north of McKee Road. (Ward 4) r. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6124 Phase 1 located north of McKee Road and east of Wible Road. (Ward 7) Agreement with the County of Kern for Internet Provider Services for $18,398. 1. AGR 03-025 AGR 03-026 s. AGR 03-027 Bids: t. Rescind award to Coalinga Motors, Incorporated, $111,749.14, for seven (7) mid-size sedans. u. Accept bid to award annual contract to Jim Alfter, Cement Contractor, not to exceed $66,000.00, for canal liner repair. AGR 03-028 Bakersfield, California February 12, 2003 - Page 7 8. CONSENT CALENDAR continued v. Accept bids to award annual contracts to Groeniger & Company, not to exceed $180,000.00, and Badger Meter, Incorporated, not to exceed $75,000 for water meters. Total $255,000. Miscellaneous: w. Approve purchase of Novell Software licenses not to exceed $136,000. x. Amendment NO.1 to Agreement No. 02-338 (Memorandum of Understanding between the City of Bakersfield and Assistance League of Bakersfield.) (Ward 2) y. Purchase Agreement for 1311 "0" Street (APN 006-471-02) for Convention Center/Arena parking. Motion by Couch to approve Consent Calendar items a. through y. with a correction to item x. 9. HEARINGS I", ,~ ACTION TAKEN AGR 03-029 AGR 03-030 AGR 02-338(1) AGR 03-031 DEED 5788 APPROVED a. Ordinance amending Bakersfield Municipal Code Chapter 17.69 related to Adult Entertainment Businesses Separation ORD 4108 and Distance Requirements. Staff comments by City Attorney Thiltgen regarding the necessity of the urgency Ordinance. Correspondence was received with 1 in opposition to staff recommendation. Hearing opened at 7:49 p.m. Rosalyn Strode and Connie Wattenbarger, Bakersfield Citizens Opposed to Obscenity and Lewdness, Chad Vegas, Riverlakes Community Church, and Richard Valdevenos spoke in favor of the staff recommendation. Hearing closed at 7:56 p.m. Motion by Couch to adopt the urgency Ordinance effective February 13, 2003. APPROVED 3t Bakersfield, California February 12, 2003 - Page 8 9. ACTION TAKEN HEARINGS continued b. General Plan AmendmenUZone Change 02-0976; Towery Homes has proposed a General Plan Amendment and a zone change from general commercial to low density residential and deletion of a condition of approval from previous GPA 2- 91 Segment III and ZUA 5169 on an adjacent parcel at the southwest corner of Reina Road and Jewetta Avenue. (Ward 4) 1. Resolution approving the Negative Declaration and RES 024-03 adopting the General Plan Amendment to change land use designations from GC to LR and deletion of "condition of approval number 3" and "mitigation measure number 2" of previous GPA 2-91 Segment III on an adjacent 73.79 acres. 2. Ordinance adopting the Negative Declaration and FR amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-2 to R-1 and deleting "condition of approval number 3" and "mitigation measure number 2 of previous ZUA 5169 on an adjacent 73.79 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 7:59 p.m. No one spoke. Hearing closed at 7:59 p.m. Motion by Couch to approve the Resolution and give first APPROVED reading to the Ordinance. ~7 Bakersfield, California February 12, 2003 - Page 9 9. HEARINGS continued ACTION TAKEN c. General Plan AmendmenUZone Change 02-0939; Porter- Robertson Engineering has proposed a General Plan Amendment and an ordinance amendment for 20 acres, located at the northwest corner of Stockdale Highway and Renfro Road. (Staff comments by Development Services Director Hardisty.) 1. Resolution approving the Negative Declaration and RES 025-03 adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Suburban Residential) on 20 acres. 2. Ordinance adopting the Negative Declaration and FR amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture) to R-1 (One Family Dwelling) zone on 20 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 8:00 p.m. No one spoke. Hearing closed at 8:01 p.m. Motion by Couch to approve the Resolution and give first APPROVED reading to the Ordinance. Recess taken from 8:01 p.m to 8:10 p.m. ~) Bakersfield, California February 12, 2003 - Page 10 9. HEARINGS continued ACTION TAKEN d. Concurrent General Plan AmendmenUZone Change No. 02- 0193; Panama 99 Properties LLC has proposed to amend the general plan on the east side of State Route 99, north of Panama Lane. (Ward 7) 1. Resolution making findings denying the appeal and RES 026-03 adopting proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan by changing the land use map designation from LR (Low Density Residential) on 33.95 acres and OS-P (Open Space-Park) on 3 acres to GC (General Commercial on 34.5 acres. 2. An Ordinance Amending Section 17.06.020 (Zone FR Map No. 123-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an MH (Mobile Home) zone to PCD (Planned Commercial Development) zone on 37.5 acres generally located on the east side of State Route 99, north of Panama Lane. Staff comments by Development Services Director Hardisty. Correspondence was received regarding the issue, 29 in opposition, and 21 in support of the staff recommendation. Hearing opened at 8:21 p.m. Sheila Stubblefield, President of Bakersfield Citizens for Local Control, Richard Harriman, Attorney for Bakersfield Citizens for Local Control, Scott Hair, President of Green Frog Markets, Jim Watt, Save-Mart Supermarkets, and Howard Chase spoke in opposition to the staff recommendation. Lee Jamison, Applicant, Patsy Fry, Lorraine Vegas, Richard Valdevenos and Javier Avilla spoke in favor of the staff recommendation. Richard Harriman representing Bakersfield Citizens for Local Control, Eric Dyer and Sheila Roth spOke in rebuttal in opposition of the staff recommendation. Lee Jamison, Applicant, Sue Carillo and Richard Valdevenos spoke in rebuttal in favor of the staff recommendation. Hearing closed at 9:00 p.m. \it' IUd Bakersfield, California February 12, 2003 - Page 11 9. HEARINGS continued ACTION TAKEN Motion by Salvaggio to deny the appeal, adopt the Resolution and give first reading to the Ordinance. APPROVED NS BENHAM Maggard requested the Urban Development Committee review standard parking regulations for overnight parking and camping withing shopping centers. e. Concurrent General Plan AmendmenUZone Change No. 02-0030; Castle & Cooke California, Inc. has proposed to amend the general plan and zoning from industrial to general commercial at the at northwest corner of Gosford and Harris Roads. (Ward 5) 1. Resolution making findings, denying both appeals and RES 027-03 adopting the proposed amendment to the land use element of the Metropolitan Bakersfield General Plan by changing the land use map designation from SI (Service Industrial) to GC (General Commercial) on 78 gross acres. 2. Ordinance amending Section 17.06.020 (Zone Map FR No. 123-20) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from M-2 (General Manufacturing) to P.C.D. (Planned Commercial Development) on 73.53 net acres. Staff comments by Development Services Director Hardisty and Planning Director Grady. Late correspondence was received regarding the issue, 28 in opposition, and 8 in support of the staff recommendation. Hearing opened at 11 :05. Richard Harriman representing Bakersfield Citizens for Local Control, Scott Hair, President of Green Frog Markets, and Chelsey Smith spoke in opposition to the staff recommendation. Bruce Freeman, President of Castle & Cooke, Laura Marino, and Todd Williams spoke in favor of the staff recommendation. Richard Harriman representing Bakersfield Citizens for Local Control, and Chelsey Smith spoke in rebuttal in opposition of the staff recommendation. 40 Bakersfield, California February 12, 2003 - Page 12 9. HEARINGS continued ACTION TAKEN Bruce Freeman, President of Castle & Cooke, and Roger Mcintosh spoke in rebuttal in favor of the staff recommendation. Hearing closed at 11 :37 p.m. Motion by Hanson to adopt the Resolution approving the APPROVED concurrent General Plan Amendment and Zone Change, give NS BENHAM first reading to the Ordinance, and deny the appeal in part as recommended by staff. 10. REPORTS None. 11. DEFERRED BUSINESS None 12. NEW BUSINESS None 13. MAYOR AND COUNCIL STATEMENTS Maggard requested staff assist in the preparation of thank you letter to Bolthouse Farms for their generous contribution to the ice rink project. Couch thanked Salvaggio for his donation to the Boys and Girls Club. Couch requested staff review the City process regarding planning and zoning in relation to the evolution of commercial development and marketing; to be proactive rather than reactive regarding the development of super-centers; staff to report to Council what process would have been required for approval had the super-centers not been presented to Council as General Plan and zoning amendments; how effective are present General Plan and zoning policies, if they are ineffectual to propose remedies; research and identify specific corridors and areas where super-centers would be most appropriate. Carson requested staff review an article from the National League of Cities Magazine regarding zoning and report to Council. Bakersfield, California February 12, 2003 - Page 13 13. MAYOR AND COUNCIL STATEMENTS continued Sullivan requested all members of the Council receive a copy of the National League of Cities Magazine article. 14. ADJOURNMENT Mayor Hall adjourned the meeting at 12:24 a.m. /' / ,/,171" ./ // / / / r/ {/ '[./ f the City of BakersfiejP, CA ATTEST: 1 /~ Lt. (y\, (' CITY CLERK and Ex Officio Cler, of the City of Bakersfield, California -4i ACTION TAKEN 4;.:, I I I ~ :l7 Bakersfield, California February 12, 2003 - Page 9 9. HEARINGS continued ACTION TAKEN c. General Plan Amendment/Zone Change 02-0939; Porter- Robertson Engineering has proposed a General Plan Amendment and an ordinance amendment for 20 acres, located at the northwest corner of Stockdale Highway and Renfro Road. (Staff comments by Development Services Director Hardisty.) 1. Resolution approving the Negative Declaration and RES 025-03 adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Suburban Residential) on 20 acres. 2. Ordinance adopting the Negative Declaration and FR amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture) to R-1 (One Family Dwelling) zone on 20 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 8:00 p.m. No one spoke. Hearing closed at 8:01 p.m. Motion by Couch to approve the Resolution and give first APPROVED reading to the Ordinance. Recess taken from 8:01 p.m to 8:10 p.m. :l7 Bakersfield, California February 12, 2003 - Page 9 9. HEARINGS continued ACTION TAKEN c. General Plan Amendment/Zone Change 02-0939; Porter- Robertson Engineering has proposed a General Plan Amendment and an ordinance amendment for 20 acres, located at the northwest corner of Stockdale Highway and Renfro Road. (Staff comments by Development Services Director Hardisty.) 1. Resolution approving the Negative Declaration and RES 025-03 adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Suburban Residential) on 20 acres. 2. Ordinance adopting the Negative Declaration and FR amending Title 17 of the Municipal Code and Zoning Map No. 101-35 from A (Agriculture) to R-1 (One Family Dwelling) zone on 20 acres. Staff comments by Development Services Director Hardisty. Hearing opened at 8:00 p.m. No one spoke. Hearing closed at 8:01 p.m. Motion by Couch to approve the Resolution and give first APPROVED reading to the Ordinance. Recess taken from 8:01 p.m to 8:10 p.m.