HomeMy WebLinkAbout02/12/03 MINUTES CC
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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.
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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.
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ACTION TAKEN
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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City of Bakersfield, California
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ACTION TAKEN
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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.
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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.