HomeMy WebLinkAbout10/20/04 CC MINUTES
427
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
OCTOBER 20, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent:
None.
Motion by Vice-Mayor Couch to add item 3.c. Closed Session to APPROVED
the agenda concerning North Kern Water Storage District v. Kern
Delta Water District, an item that arose after the agenda was
posted, requiring immediate action.
2. REPORTSIWORKSHOP
a. City Trees Conflicting with Electrical Powerlines.
Alan Christensen, Interim Recreation and Parks Director,
Urban Forrester Paul Graham and Bob Bell, Vegetation
Program Manager for PG&E, made a presentation and
provided handouts.
Councilmember Benham requested staff coordinate site plan
review with Recreation and Parks to achieve Improved
placement of trees.
Councilmember Maggard requested staff provide a memo
regarding the size of trees used In replacement planting.
---.._---
428
Bakersfield, California October 20, 2004 - Page 2
2.
REPORTS/wORKSHOP continued
b. Discussion and/or Action Regarding Proposition 1A.
Trudy Slater, Administrative Analyst, gave a presentation due
to the absence of Catherine Medina, League of California
Cities Representative.
Vice-Mayor Couch recognized State Senator Dean Florez
who spoke regarding Proposition 65.
Vice-Mayor Couch requested staff provide a memo outlining the
time frame for state capture offunds If Proposition 1A becomes
law.
Councilmember Hanson recognized Stuart Gentry who spoke
regarding Proposition 65 and provided written materials.
3. CLOSED SESSION
a. Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8; Property: Unimproved
real property, 40 acres ± located approximately 1/4 mile east
of Heath Road, Yz mile west of Renfro Road, on the north side
of Stockdale Highway, APN 408-020-12; Agency Negotiator:
Real Property Manager Donald Anderson; Negotiating
Parties: Ron and Viola Ritter; Under Negotiation: Price and
terms of payment for purchase.
b. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter, KCSC
Case No. S-1500-CV 253303 NFT.
c. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; North Kern Water Storage District v. Kern
Delta Water District.
Motion by Vice-Mayor Couch to adjourn to Closed Session at
6:19 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:47 p.m.
ACTION TAKEN
Bakersfield, California October 20, 2004 - Page 3
RECONVENED MEETING - 6:50 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Council members
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent:
None.
5. INVOCATION by Pastor Dennis Allen, The Oaks Community Church.
6. PLEDGE OF ALLEGIANCE by Whitney Lusk, 4th Grade Student at
Beardsley Intermediate School.
7. CLOSED SESSION ACTION
a.
Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8; Property: Unimproved
real property, 40 acres ± located approximately 1/4 mile east
of Heath Road, Y:. mile west of Renfro Road, on the north side
of Stockdale Highway, APN 408-020-12; Agency Negotiator:
Real Property Manager Donald Anderson; Negotiating
Parties: Ron and Viola Ritter; Under Negotiation: Price and
terms of payment for purchase.
b.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter, KCSC
Case No. S-1500-CV 253303 NFT.
c.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; North Kern Water Storage District v. Kern
Delta Water District.
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Mr. James
Tyson, Fatherhood Program Coordinator for Community
Action Partnership of Kern, proclaiming October, 2004, as
Fatherhood/Male Involvement Month.
b. Recognition of East Bakersfield High School students for
heroic actions.
Police Chief Rector made a presentation and Council member
Maggard presented Certificates of Recognition on behalf of
the Council to Isaac Gasca, Tim Perez, Nick Delgadillo and
Derick Force.
429
ACTION TAKEN
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
430
9.
Bakersfield, California October 20, 2004 - Page 4
PUBLIC STATEMENTS
ACTION TAKEN
a. Kyle Brown, Kern County Bridal Association, spoke regarding
changing the sign Ordinance for special events.
b. Art Carlock and John Fleming spoke regarding the Hwy. 99
Cruise 'n Show, October 22nd through 24th.
Mayor Hall recognized the Ridgeview High School class in
allendance at the meeting.
10. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful
Committee, due to the resignation of Kevin Burton.
City Clerk McCarthy announced Roger Pelz has withdrawn his
application for appointment.
Motion by Vice-Mayor Couch to appoint Thomas Edmonds to fill APPROVED
the vacancy on the committee.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 27, 2004 Joint
City/County Meeting and October 6,2004 Council Meeting.
Payments:
b. Approval of department payments from September 24, 2004
to October 7,2004 in the amount of $5,028,292.33 and self
insurance payments from September 24, 2004 to October 7,
2004 in the amount of $201 ,020.80.
Resolutions:
c. Resolution adding territory, Area 5-13 (E. Belle Terrace, S. RES 276-04
Oswell NW) 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.
d. Resolution establishing Disability Retirement Procedures for RES 277-04
Safety Members.
11.
Bakersfield, California October 20, 2004 - Page 5
CONSENT CALENDAR continued
e. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements with Harry A.
Hardy for Tract 5944 Unit 5 located south of McKee
Road and west of Akers Road.
2.
Final Map and Improvement Agreement with GMAC
Model Home Finance and Lennar Homes of
California, Inc. for Tract 6156 Unit 3 located south of
Pacheco Road and west of Mountain Vista Road.
3.
Final Maps and Improvement Agreements with GMAC
Model Home Finance, Inc. and Lennar Homes of
Califomia, Inc. for Tract 6184 Units 1 and 2 located
east of Jewetta Avenue and north of Olive Drive.
4.
Final Maps and Improvement Agreements with Castle
& Cooke California Inc for Tract 6250 Units 1 and 2
located north of Stockdale Highway and westerly of
Jewetta Avenue.
5.
Improvement Agreements with Pacheco Business
Properties, LLC for Parcel Map 1 0981 located north of
Pacheco Road and west of Hughes Lane.
f.
Agreement with KONE Inc. (not to exceed $80,000.00, three
year term) for maintenance of all elevators at City-owned
facilities.
g.
Agreement with Bethany Services ($61,850.00, Emergency
Shelter Grant (ESG) funds) to support the operating costs
necessary to continue services at the Bakersfield Homeless
Shelter located at 1600 E. Truxtun Avenue.
h.
Agreement with Bakersfield Rescue Mission ($61,850.00,
Emergency Shelter Grant (ESG) funds) to support the
operating costs necessary to continue services at the
Bakersfield Rescue Mission located at 830 Beale Avenue.
i.
Agreement with Alliance Against Family Violence and Sexual
Assault ($15,427.00, Emergency Shelter Grant (ESG) funds)
to support the operating costs necessary to continue services.
431
ACTION TAKEN
AGR 04-297
AGR 04-298
AGR 04-299
AGR 04-300
AGR 04-301
AGR 04-302
AGR 04-303
AGR04-304
AGR 04-305
AGR 04-306
AGR 04-307
AGR 04-308
AGR 04-309
AGR 04-310
AGR 04-311
AGR 04-312
AGR 04-313
432
11.
Bakersfield, California October 20, 2004 - Page 6
CONSENT CALENDAR continued
j.
Lease Agreement with the Moore Group, L.P. to lease 150
parking spaces at the 18th and Eye Street Parking Structure.
k.
Agreement with Mellon Human Resources & Investor
Solutions (not to exceed $60,000.00 annually) for Health Care
Consulting.
I.
Agreement to indemnify LAFCO for the Sphere of Influence
amendment.
m.
Amendment No. 4 to Agreement No. 99-334 with Duane,
Morris & Heckscher ($170,000.00, with a total not to exceed
$420,000.00) for legal services in the matter of North Kern
Water Storage District v Kern Delta Water District, et al.
Amendment No. 1 to Agreement No. 03-380 with Ruettgers
& Schuler Civil Engineers (increase compensation by
$25,500.00, for a total contract of $299,500.00) for
preparation of plans, specifications and estimates for the
Planz Road Sewer Replacement.
n.
o. Metropolitan Medical Response System (MMRS) Grant:
1. Accept Federal grant for $400,000.00 for FY04/05
MMRS Continuation Grant.
2. Approve full time, grant funded position.
ACTION TAKEN
AGR 04-314
AGR 04-315
AGR 04-316
AGR 99-334(4)
AGR 03-380(1)
3. Amendment NO.1 to Agreement No. FD04-007 with AGR 04-317
The Best Solution, Inc. ($36,000.00) to prepare
directives of FY04/05 MMRS Continuation Grant.
4. Appropriate $400,000.00 Federal Grant Revenue to
the Fire Department General Fund Operating Budget.
p. Amendment No.1 to Agreement No. 01-131 with Northcutt & AGR 03-131(1)
Associates (amount not to exceed $96,000.00) for preparation
of a Municipal Services Review.
Bids:
q. Accept bid to award annual contract to Ben Hargis & Son (not AGR 04-318
to exceed budgeted amount of $50,000.00) for hauling and
spreading dried biosolids at the wastewater treatment plants.
433
11.
Bakersfield, California October 20, 2004 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
r. Accept bid to award contract to Universal Coatings, Inc. AGR 04-319
($89,169.70) for the Wastewater Treatment Plant NO.3
Digester #1 coating.
Miscellaneous:
s. Accept contributions of $12,500.00 and $10,000.00 from
California Water Service Co. and Kern County Water Agency
as their share of the costs to fight the designation of the City's
2800 Acre Facility as critical habitat for the Buena Vista Lake
Shrew.
t. Water Pipeline and Powerline Easements for Kern County DEED 6158
Water Agency wells located within the City's 2800 Acre DEED 6159
Recharge Facility.
u. Acceptance of 2002-03 Transportation Development Act
Funds Financial Statement.
v. Revised Job Specification for City Treasurer.
w.
Legislative & Litigation Committee Report No. 1-04 regarding
Ad Hoc Downtown Task Force report.
REMOVED FOR
SEPARA TE
CONSIDERA TION
X. Assessment District and related Public Financing Authority
(PFA) Bond Call:
1. Appropriate $3,008,200.00 fund balances to operating
budgets within various special assessment funds and
PFA debt service funds to facilitate advance
redemption of Assessment and related PFA bonds.
Motion by Vice-Mayor Couch to approve Consent Calendar items
11.a. through 11.x. with removal of item 11.w. for separate
consideration.
APPROVED
w. Legislative & Litigation Commillee Report No. 1-04 regarding
Ad Hoc Downtown Task Force report.
Motion by Councilmember Benham to approve the Report and
implement the recommendations.
APPROVED
434
12.
Bakersfield, California October 20,2004 - Page 8
CONSENT CALENDAR HEARINGS
ACTION TAKEN
a. Continued Protest Hearing for proposed Assessment District
No. 04-1 (CountrysidelThe Homestead/Cherry Hill/Olive Park
III).
1. Resolution approving Final Engineer's Report, levying RES 278-04
assessments, ordering improvements, and authorizing
and directing related actions.
b. General Plan Amendment/Zone Change 04-0439; Pinnacle
Engineering, on behalf of William Gilli, MD (property owner)
has proposed a general plan amendment and zone change
on 39.90 acres, located at 2329 McKee Road.
Resolution approving the Negative Declaration and
adopting the general plan amendment and changing
the land use element from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map 123-36 from A (Agriculture) to
R-1 (One Family Dwelling).
c. General Plan Amendment/Zone Change 04-0871; Marino
Associates, on behalf of King-Gardiner Farms and the Kern
High School District (property owners), has proposed a
general plan amendment and zone change on 141.36 acres
located on both the north and south side of Kratzmeyer Road
on the west side of Allen Road.
1.
RES 279-04
FR
2.
1. Resolution approving the Negative Declaration and RES 280-04
adopting the general plan amendment changing the
land use designation from R-IA (Resource-Intensive
Agriculture) to R-1 (One Family Dwelling) on 80 acres,
from GC (General Commercial) to LMR (Low Medium
Residential) on 1.36 acres and from LR (Low Density
Residential), LMR (Low Medium Residential), and GC
(General Commercial) to PS (Public School) on 60
acres.
2. Resolution approving the Negative Declaration and RES 281-04
approving the Cancellation of Williamson Act Contract
for the 80 acres north of Kratzmeyer Road.
435
Bakersfield, California October 20, 2004 - Page 9
12.
CONSENT CALENDAR HEARINGS continued
Item 12.c. continued
ACTION TAKEN
3. First Reading of Ordinance adopting the Negative FR
Declaration and amending Title 17 of the Municipal
Code and Zoning Map 101-11 from A (Agriculture) to
R-1 (One Family Dwelling) on 80 acres and from C-2
(Regional Commercial) to R-1 (One Family Dwelling)
on 25 acres.
d.
General Plan AmendmenUZone Change 04-0814; Porter-
Robertson Engineering, on behalf of McMillin Homes, has
appealed the Planning Commission's decision denying their
proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road
between Shane Street and Homestead Way.
REMOVED FOR
SEPARATE
CONSIDERA TION
1. Resolution approving the Negative Declaration and
denying the requested general plan amendment from
RR (Rural Residential) to LR (Low Density
Residential) on 18.2 acres.
2. Resolution upholding the Planning Commission
decision approving the Negative Declaration and
denying the amendment for Title 17 of the Municipal
Code and Zoning Map 101-01 and the zone change
from RS 2-1/2 (Residential Suburban 2-1/2 minimum
lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Hearings 12.a, 12b. and 12c. were opened at 7:19 p.m.
No one spoke.
Hearings were closed at 7:21 p.m.
Motion by Vice-Mayor Couch to approve Consent Calendar APPROVED
Hearings 12.a., 12.b., and 12.c. with the removal of 12.d.
13. HEARINGS
a. General Plan Amendment/Zone Change 03-1169; Castle &
Cooke has appealed the Planning Commission's denial of
their proposal of a general plan amendment and zone change
on 20 acres located at the northeast corner of Ashe Road and
Panama Lane. Applicant requested general plan amendment
to LMR (Low Medium Density Residential); Planning
Commission approved general plan amendment to HMR
(High Medium Density Residential).
436
13.
Bakersfield, California October 20,2004 - Page 10
HEARINGS continued
Item 13.a. continued
ACTION TAKEN
1. Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from HR (High Density
Residential) and GC (General Commercial) to HMR
(High Medium Density Residential) on 11.86 acres
and from GC (General Commercial) to HMR (High
Medium Density Residential) on 8.22 acres.
2. First Reading of Ordinance approving the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-22 from R-3 (Limited
Multiple-Family Dwelling) from C-2 (Regional
Commercial) to R-2 on 8.82 acres.
Correspondence has been received from Roger Mcintosh,
Mcintosh & Associates, on behalf of Castle and Cooke
California, requesting item be continued to the 11/3/04
meeting.
Staff comments were made by Development Services Director
Hardisty.
Hearing opened at 7:24 p.m.
No one spoke.
Motion by Councl/member Sullivan the continue the APPROVED
hearing to the November 3, 2004, City Council meeting.
b. General Plan AmendmenUZone Change 04-0436; Renee
Donato-Nelson, on behalf of John W. Howe, Carolyn McNeill,
Ruth Neal and Robert Choee, has appealed the Planning
Commission's approval of proposal by Ray Lechuga. Keith
Companies, on behalf of Reddy Malladi and Malladi P., for a
general plan amendment and zone change on 108 acres
located generally south of Alfred Harrell Highway, east and
west of Lake Ming Road/Masterson Street.
1 . Resolution upholding the decision of the Planning RES 282-04
Commission, denying the appeal, approving the
Negative Declaration and adopting the General Plan
Amendment to change land use designation from GC
(General Commercial) and OS-S (Open Space-
Slopes) to LR (Low Density Residential), HMR (High
Medium Density Residential) and OS (Open Space)
on 108 acres.
Bakersfield, California October 20, 2004 - Page 11
13.
HEARINGS continued
Item 13.b. continued
2.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-36 fro C-2 (Regional
Commercial), C-O (Professional and Administrative
Office) and CoO HD (Professional and Administrative
Office Hillside Development), R-2 (Limited Mulitple
Family Dwelling), and OS (Open Space) zones on 108
acres.
Correspondence was received from Ronald W. Hunter, Insight
Environmental, responding to issues raised by the appellant.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 7:27 p.m.
Renee Donato-Nelson, representing Clean Air and Water
Matters, provided written material and spoke in opposition to
the staff recommendation.
John Mack, representing S&S Homes, presented a slide
show, written material and spoke in favor of the staff
recommendation. Additionally Ronald Hunter, Insight
Environmental, spoke in favor of the staff recommendation.
Hearing closed at 7:45 p.m.
·
Councilmember Maggard outlined the conditions applying
to the project:.
Noise mitigation requirement levels will meet standards
cu"ently in place.
Water shed and park areas are in compliance with open-
space and water shed requirements.
Trails and pathways will link to park areas.
The air study Is adequate and meets standards.
Homes on higher elevations will not over-look
neighboring backyard properties.
Street lights will illuminate In a downward direction.
Mr. Mack agreed to improve Alfred Harrell Hwy. in front
of the development; begin work on the Masterson
connection within six months; filling gap projects; all
improvements reimbursed from traffic impact fees.
Plan check service will be provided in an expeditious
manner.
·
·
·
·
·
·
437
ACTION TAKEN
FR
438
,-" ~
13.
Bakersfield, California October 20,2004 - Page 12
HEARINGS continued
Item 13.b. continued
ACTION TAKEN
Motion by Councilmember Maggard to adopt the Resolution APPROVED
upholdIng the Planning Commission's decision as amended and
expanded, including the conditions outlined, give first reading
to the Ordinance and deny the appeal.
c. General Plan Amendment/Zone Change 04-0848; Porter-
Robertson Engineering, on behalf of Floyd Hinesley
(applicant) has appealed the Planning Commission's decision
denying Floyd Hinesley's proposal for a general plan
amendment and zone change on 15 ± acres, located south of
McKee Road, generally east of Wible Road.
1.
Resolution upholding the decision of the Planning
Commission, denying the appeal, approving the
Negative Declaration and adopting the General Plan
Amendment to change land use designation from R-IA
(Resource Intensive Agriculture) to LR (Low Density
Residential) on 15 ± acres.
2.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-36 from A (Agriculture)
to R-1(One Family Dwelling) zone on 15 ± acres.
Correspondence was received from Fred Porter, Porter-
Robertson Engineering, requesting this matter be continued
to the November 3, 2004 Council meeting. Correspondence
has also been received from Carol Raupp, in opposition to
approval of this item.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 8:26 p.m.
Fred Porter, representing Floyd Hinesley, and Carol Raupp
spoke in opposition to the staff recommendation.
Floyd Hinesley spoke in support of staff recommendation.
Hearing closed at 8:36 p.m.
RES 283-04
FR
439
Bakersfield, California October 20,2004 - Page 13
13.
HEARINGS continued
Item 13.c. continued
ACTION TAKEN
Motion by Councilmember Salvaggio to adopt the resolution APPROVED
upholding the Planning Commission's decision, approve the
Negative Declaration, give first reading to the Ordinance and
deny the appeal.
d. General Plan Amendment No. 04-0870; Griffin Industries, on
behalf of owner David Afana, has appealed the Planning
Commission's decision denying their proposal for a general
plan amendment on 134 acres located at the southeast
corner of Paladino Drive and Morning Drive.
1.
Resolution adopting the Negative Declaration,
overturning the Planning Commission's decision, and
approving the General Plan Amendment to change
the land use designation from R-MP (Resource-
Mineral and Petroleum) to LR (Low Density
Residential) on 134 acres.
RES 284-04
Correspondence was received from Ken Hudson, Kern
Resources, requesting clarification of conditions be placed in
the record.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 8:56 p.m.
Larry Roland, Sunway Petroleum, Inc.,requested this matter
be continued for 30 days. Joseph Austin and Tom Gilanardo,
both representing the State Department of Conservation,
Division of Oil, Gas and Geothermal Resources spoke in
opposition to staffs recommendation.
Richard Niec, of Griffin Industries, spoke and provided written
material and Mary Jane Wilson, of WZI. spoke in support of
staff's recommendation.
Larry Roland, Norma Jackson and Tom Gilanardo, made
rebuttal comments in opposition to staffs recommendation.
Mary Jane Wilson and Richard Niec made rebullal comments
and submitted written material in support of staffs
recommendation.
440
13.
Bakersfield, California October 20,2004 - Page 14
HEARINGS continued
Item 13.d. continued
Hearing closed at 9:22 p.m.
Councilmember Maggard outlined, and Mr. Niec agreed,
to the conditions applicable to the project:
. Work with City to develop a trails and pathway
system to Interface with the City's trail system.
. One, possibly two, sumps/reservoirs with turf and
fence with a walk area and a play area to be paid
for by the homeowner's association.
Motion by Councilmember Maggard to adopt the resolution
overturning the Planning Commission's decision and approving
the general plan amendment and negative declaration.
Mayor Hall recessed the meeting at 9:50 p.m. The meeting
reconvened at 10:00 p.m.
e. Continued public hearing to consider resolution upholding the
decision of the Planning Commission, denying the appeal,
adopting the Negative Declaration and approving Vesting
Tentative Tract Map 6351 located on the southeast corner of
Panama Lane and Ashe Road. (Appellant: Sierra
Club/Engineer: Maurice Etchechury/Subdivider: G.L.
Vanherweg & Old River Land Co.)
Correspondence was received from Maurice Etchechury,
Pacific Engineering, requesting the matter be continued to the
November 3, 2004 Council meeting.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 10:01 p.m.
Gordon Nipp, representing the Sierra Club, spoke in
opposition to the staff recommendation.
Motion by Councllmember Sullivan to continue the hearing to
the November 17, 2004 Council meeting.
ACTION TAKEN
APPROVED
Bakersfield, California October 20,2004 - Page 15
12.
CONSENT CALENDAR HEARINGS continued
Continued from Page 9
d. General Plan Amendment/Zone Change 04-0814; Porter-
Robertson Engineering, on behalf of McMillin Homes, has
appealed the Planning Commission's decision denying their
proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road
between Shane Street and Homestead Way.
1. Resolution approving the Negative Declaration and
denying the requested general plan amendment from
RR (Rural Residential) to LR (Low Density
Residential) on 18.2 acres.
2. Resolution upholding the Planning Commission
decision approving the Negative Declaration and
denying the amendment for Title 17 of the Municipal
Code and Zoning Map 101-01 and the zone change
from RS 2-1/2 (Residential Suburban 2-1/2 minimum
lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Correspondence has been received from Norman and Edith
Reimers in opposition to approval of this item.
Hearing opened to 10:05 p.m.
Robin Rossi and Brandi Williams spoke in opposition to the
Planning Commission decision and Ozzie Yerro, spoke in
opposition to the staff recommendation.
Harold Robertson, Porter-Robertson Engineering, spoke in
support of the staff recommendation.
Vice-Mayor Couch requested City Attorney and
Development Services Director look at the CC&R
restrictions on the property.
Rod Lancaster, Clarence Williams and John Bedke spoke in
opposition to the staff recommendation.
Councl/member Maggard requested staff make clear to
the homeowners, and the homeowners in the Snow Road
area, the distinction between a deed restriction and a
CC&R covenant, and what they have a right to do on their
property.
Motion by Vice-Mayor Couch to continue the hearing and
take additional testimony on November 3, 2004 Council
meeting.
441
ACTION TAKEN
APPROVED
442
Bakersfield, California October 20,2004 - Page 16
14.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Chief Rector call her regarding
a specific matter.
Councilmember Benham requested a meeting be held with the
management of Greyhound Bus to solicit support in re-routing
Greyhound buses away from residential areas In the vicinity of
18'" Street and the utilization of Truxtun Ave. as an alternative.
Councilmember Benham requested staff respond to a prior
request regarding lights in Joshua's Park.
Councilmember Benham announced a community Olympic
celebration, Sunday, October 24 at 2:00 p.m. at the McMurtrey
Aquatic Center, to honor the four Olympic medalists from the
Bakersfield area.
Councilmember Salvaggio requested two street lights, at the
southeast and southwest corners of Hughes and Mlng be
checked to certify they are functional.
Councilmember Salvaggio requested Police contact a citizen
who posed the question at a Neighborhood Watch meeting
regarding placement of a camera on a light post in order to
apprehend graffiti vandals while in the act. He requested a
memo response as to whether this is practical.
Councllmember Salvaggio requested staff respond in detail to
Doria Orne/az and address her concerns in detail regarding the
hole in the block wall on Garcia Court.
Councilmember Salvaggio requested staff assistance in placing
15 MPH speed limit signs In Smoketree Mobil Home Park.
Councl/member Maggard requested staff discuss with him
striping and traffic flow on Mall View Rd. in the vicinity of the
Home Depot store.
Councl/member Maggard requested staff Investigate expanding
utilization of Inmate labor for maintenance purposes.
Councilmember Maggard requested staff facilitate presenting to
the voters the Y. cent sales tax Increase proposed by the Kern
Transportation Foundation; staff present recommendations at
the next Planning and Development Committee meeting to
resolve differences and move the Issue forward for a vote in the
next election.
ACTION TAKEN
Bakersfield, California October 20, 2004 - Page 17
14.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Carson congratulated Borton Petrini on a successful
Business Conference.
Councilmember Carson requested staff Investigate Installation
of speed bumps on Cantleburry.
Councilmember Hanson requested Alan Christensen followup
on the Haggln Oaks matter.
Councilmember Hanson requested staff check timing in the area
of Ming, EI Portal and Ba"lngton.
Councilmember Hanson provided contact information and
requested staff improve the level of maintenance provided for
the Maintenance District in the Campus Park area and possibly
increase staffing levels.
Councilmember Hanson requested staff contact Jim Sears
regarding Hwy. 58 alignment.
Councilmember Hanson requested staff assure the view
westbound on White Ln. near Pin Oak is not obstructed by trees.
Councilmember Hanson requested staff abate mosquitos from
trash bags in Campus Park.
Councilmember Hanson requested staff investigate increasing
fines for illegal posting of signs on street light poles.
Councilmember Hanson requested an update on proposed
improvements near New Stine and California Avenue.
Councilmember Sullivan made comments regarding her constituents.
Council member Sullivan announced a main tenant for the old
Builder's Square building on Ming Ave.
Council member Sullivan congratulated Borton Petrini on the
successful Business Conference.
Councilmember Sullivan provided an update on her granddaughter's
assignment in Kuwait.
Vice-Mayor Couch provided wrillen referrals.
443
ACTION TAKEN
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16.
Bakersfield, California October 20,2004 - Page 18
ADJOURNMENT
ATTEST:
á.IYk
CITY CLERK and Ex Offici
City of Bakersfield, California
ACTION TAKEN