HomeMy WebLinkAbout11/03/04 CC MINUTES
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
NOVEMBER 3, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard (seated at 5:20 p.m.),
Hanson, Sullivan (seated at 5:20 p.m.), Salvaggio
Absent:
None
2. REPORTSIWORKSHOP
None.
3. CLOSED SESSION
4. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9. Five (5) cases:
1. Bakersfield Firemen's Labor Organization v. City of
Bakersfield, et al.
2. Grant D. Hoffman, et al v. City of Bakersfield, et al.
3. Dorothy Jean Owens v. City of Bakersfield.
4. Bakersfield Citizens for Local Control v. City of
Bakersfield.
5. North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al.
b. Conference with Legal Counsel - Potential Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9. One (1)
potential case.
445
ACTION TAKEN
446
4.
Bakersfield, California November 3, 2004 - Page 2
CLOSED SESSION
Items 3.a. and 3.b. continued
Motion by Vice-Mayor Couch to adjourn to Closed Session at
5:16 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:00 p.m.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent:
None.
a. Introduction of Student Body Representatives participating in
the 50" consecutive "Teen City Government Day":
Kurt Eilers, West High School, Dustin Powell, Bakersfield
Christian High School, Emily Parker, Centennial High School,
Ryan Chavez, East Bakersfield High School, Mallori Gibson,
Foothill High School, Bennett Rawicki, Garces High School,
Robert Avalos, Highland High School, Stephanie Hankinson,
Liberty High School, Alessandra Lopez-Gutchinson,
Bakersfield High School, Stephanie Ojeda, South High
School, Sheryline Soares, Ridgeview High School, Ryan
Newbrough, Stockdale High School and Jordan Hall, North
High School.
5. INVOCATION by Pastor Joe Halbert, Olive Knolls Church of Nazarene.
6. PLEDGE OF ALLEGIANCE by Jonathan Munoz and McKelyn Munoz,
Kindergarten and 2nd Grade Students, respectively, at Buena Vista
School.
Mayor Hall recognized the Political Science from Bakersfield
College in attendance at the meeting.
ACTION TAKEN
APPROVED
APPROVED
7.
Bakersfield, California November 3, 2004 - Page 3
CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9. Five (5) cases:
1.
Bakersfield Firemen's Labor Organization v. City of
Bakersfield, et al.
2.
Grant D. Hoffman, et al v. City of Bakersfield, et al.
3.
Dorothy Jean Owens v. City of Bakersfield.
4.
Bakersfield Citizens for Local Control v. City of
Bakersfield.
5.
North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al.
b.
Conference with Legal Counsel - Potential Litigation;
Significant exposure to litigation pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9. One (1)
potential case.
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Becky Porter,
Teen Government Day Coordinator for the Kem High School
District, proclaiming November 3, 2004, as "Teen
Government Day".
Becky Porter made comments.
b. Presentation by Mayor Hall of Proclamation to Cathy Hansen,
President, Bakersfield Council Navy League, proclaiming
November 10, 2004, as "United States Marine Band Day".
Kathy Hanson of the Navy League accepted the proclamation
on behalf of the United States Marine Band.
9. PUBLIC STATEMENTS
a. Terry Veach provided handouts and invited the Council to
attend the People First Conference November 12th and 13.
'1-47
ACTION TAKEN
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
NO
REPORTABLE
ACTION
448
10.
Bakersfield, California November 3, 2004 - Page 4
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 20, 2004 Council Meeting.
Payments:
b. Approval of department payments from October 8, 2004 to
October 21,2004 in the amount of $7,661,377.10 and self
insurance payments from October 8, 2004 to October 21,
2004 in the amount of $132,829.99.
Ordinances:
c.
Adoption 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) on
39.90 acres located at 2329 McKee Road (GPAlZC 04-0439).
d.
Adoption of Ordinance adopting the Negative 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 generally located along the
north side of Kratzmeyer Road between Allen Road and
Jenkins Road (extended), and the west side of Allen Road
between Kratzmeyer Road and Knight's Bridge Place.
(GPAlZC 04-0871)
e.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
104-04 from c-o (Professional and Administrative Office), C-
O HD (Professional and Administrative Office-Hillside
Development) and C-2 (Regional Commercial) zones to R-1
(One Family Dwelling), R-1 HD (One Family Dwelling-Hillside
Development), R-2 (Limited Multiple Family) and OS (Open
Space) zones on 108 acres located generally south of Alfred
Harrell Highway, east and west of Lake Ming Road/Masterson
Street. (GPAlZC 04-0436)
f.
Adoption of Ordinance adopting the Negative Declaration and
amending Title 17 of the Municipal Code and Zoning Map No.
123-36 from A (Agriculture) zone to R-1 (One Family
Dwelling) on 15 acres located along the south side of McKee
Road, generally between Wible Road and State Highway 99.
(GPAlZC 04-0848)
ACTION TAKEN
ORD 4217
ORD 4218
ORD 4219
ORD 4220
Bakersfield, California November 3, 2004 - Page 5
10.
CONSENT CALENDAR continued
Resolutions:
449
ACTION TAKEN
g. Resolution setting the dates of Regular City Council Meetings, RES 285-04
Budget Hearings, and Department Budget Presentations for
January through December 2005.
Agreements:
h. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with Castle &
Cooke California, Inc., for Tract 6250 Unit 3 located
north of Stockdale Highway and west of Jewetta
Avenue.
2.
Improvement Agreements with Castle & Cooke
California, Inc., for Ashe Road improvements required
by Tract 6166 located north of Panama Lane and west
of Ashe Road.
i.
Agreement with Michael Brandman and Associates
($315,090.00) to prepare an Environmental Impact Report
(EIR) for the Off Highway Vehicle Park.
j.
Amendment No. 2 to Agreement No. 02-094 with Redflex
Traffic Systems, Inc. for assignment of security interest in
certain property (Form of Acknowledement and Consent) to
Harris Trust and Savings Bank.
k.
Amendment NO.1 to Agreement No. PD 97-1 with Randy's
Towing (formerly Cheap Discount & Budget Towing Service).
Bids:
I. Accept bids from McCain Traffic ($73,053.39) and Pacific
Lighting ($10,086.91) for traffic signal equipment for the
Public Works Department (total bid $83,140.30).
m. Accept bid from Stewart Electric ($138,235.60) for signal
poles for the Public Works Department.
n. Accept bid from Synchronex ($81,402.75) for five (5) traffic
vision detection systems for the Public Works Department.
AGR 04-230
AGR 04-321
AGR 04-322
AGR 04-323
AGR 02-094(2)
AGR 04·324
450
10.
Bakersfield, California November 3, 2004 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
o. Community Development Block Grant (CDBG) Action Plan
Amendment No. 11 (FY 01/02), Amendment No. 13 (FY
02/03), and Amendment NO.1 (FY 04/05).
1. Transfer $260,000.00 Uncommitted Community
Development Block Grant Funds to the Economic and
Community Development Capital Improvement
Budget for a handicap access ramp and
acquisition/demolition activities for Economic
Development.
2. Transfer $200,000.00 Section 108 Funds from the
Economic and Community Development Operating
Budget to the Capital Improvement Budget within the
CDBG Fund for the completion of the Martin Luther
King Pool Rehabilitation Project.
3. Transfer $100,990.00 Community Development Block
Grant Funds from the Economic and Community
Development Operating Budget to the Capital
Improvement Budget for acquisition/demolition
activities for Economic Development.
Motion by Vice-Mayor Couch to approve Consent Calendar Items APPROVED
10.a. through 10.0., with the removal of Item 10.0. for separate
consideration.
10.
Bakersfield, California November 3, 2004 - Page 7
CONSENT CALENDAR continued
o. Community Development Block Grant (CDBG) Action Plan
Amendment No. 11 (FY 01/02), Amendment No. 13 (FY
02/03), and Amendment NO.1 (FY 04/05).
1. Transfer $260,000.00 Uncommitted Community
Development Block Grant Funds to the Economic and
Community Development Capital Improvement
Budget for a handicap access ramp and
acquisition/demolition activities for Economic
Development.
2. Transfer $200,000.00 Section 108 Funds from the
Economic and Community Development Operating
Budget to the Capital Improvement Budget within the
CDBG Fund for the completion of the Martin Luther
King Pool Rehabilitation Project.
3. Transfer$1 00,990.00 Community Development Block
Grant Funds from the Economic and Community
Development Operating Budget to the Capital
Improvement Budget for acquisition/demolition
activities for Economic Development.
Motion by Councilmember Carson to approve item 10.0.
11. CONSENT CALENDAR HEARINGS
a. General Plan Amendment No. 03-0368; Castle & Cooke
California, Inc., is requesting an amendment to the Circulation
Element deleting Renfro Road as an arterial from Culiacan
Avenue to Ming Avenue, redesignation of Renfro Road as a
collector from Stockdale Highway to Culiacan Avenue,
deletion of an unnamed collector west of Renfro Road south
of Stockdale Highway and addition of a new north/south
collector on the south side of Stockdale Highway, west of
Renfro Road. Staff is also recommending the deletion of a
Class 2 Bike Lane designation in conjuction with the Renfro
Road amendment.
451
ACTION TAKEN
APPROVED
452
11.
Bakersfield, California November 3, 2004 - Page 8
CONSENT CALENDAR HEARINGS continued
Item 11.a. continued
ACTION TAKEN
1. Resolution approving the Negative Declaration and RES 286-04
approving the General Plan Amendment to the
Comprehensive Circulation Map and Bikeway Master
Plan of the Circulation Element of the Metropolitan
Bakersfield General Plan deleting a segment of
Renfro Road as an arterial street, redesignating a
portion of Renfro Road as a collector, changing the
collector road system south of Stockdale Highway and
west of Renfro Road and amending the Bike Lane
Plan.
b. General Plan Amendment No. 04-0821 (currently County);
Porter-Robertson Engineering has proposed a general plan
amendment on approximately 20 acres generally located
along the side of McKee Road approximately one-half mile
west of State Route 99 and approximately one-fourth mile
east of Wible Road.
1. Resolution approving the Negative Declaration, RES 287-04
adopting the General Plan Amendment and changing
the land use designations from HMR (High Medium
Density Residential) to LMR (Low Medium Density
Residential) on approximately 20 acres.
c. General Plan AmendmenUZone Change 04-0876; GVA
Development Corporation has proposed a general plan
amendment on 18 acres and a zone change on approximately
20 acres located along the north side of Hosking Road
approximately 500 feet east of Monitor Street.
1.
Resolution approving the Mitigated Negative
Declaration and adopting the General Plan
Amendment changing the land use element from LR
(Low Density Residential) to HMR (High Medium
Density Residential).
RES 288-04
2.
First Reading of Ordinance approving the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-30 from R-1 (One
Family Dwelling) to PUD (Planned Unit Development).
FR
453
Bakersfield, California November 3, 2004 - Page 9
11.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
d. General Plan Amendment No. 04-0878; Mountain View Bravo,
LLC (c/o Pinnacle Engineering) is requesting circulation and
bikeway amendments to the City in the Hills Circulation Plan.
1. Resolution approving the Negative Declaration and RES 289-04
adopting the General Plan Amendment of the
Circulation Element, and Specific Parks and Trails
Plan for Northeast Bakersfield of the Metropolitan
Bakersfield General Plan to reconfigure the planned
arterials and collectors for the City in the Hills Project.
e. General Plan Amendment/Zone Change 04-0879; Wayne
Deifel, Delmarter and Deifel, on behalf of Three Gills, Inc.,
has proposed a general plan amendment and zone change
on 15 acres located at the southeast corner of McKee Road
and Stine Road.
1.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designation from SR (Suburban Residential)
to GC (General Commercial).
RES 290-04
2.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-35 from A (Agriculture)
to C-2 (Regional Commercial).
FR
f. General Plan Amendment 04-0998; Smith Tech/USA Inc., on
behalf of Michel Etcheverry, has proposed a general plan
amendment on approximately 0.75 acres, located generally
north of Snow Road, generally west of Calloway Drive and
east of the Friant-Kern Canal.
1. Resolution approving the Negative Declaration and RES 291-04
adopting the General Plan Amendment to change
land use designation from R-IA (Resource-Intensive
Agriculture) to SR (Suburban Residential) on
approximately 0.75 acres.
454
11.
Bakersfield, California November 3,2004 - Page 10
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
g. General Plan Amendment/Specific Plan Line No. 04-1037;
The City of Bakersfield is proposing circulation and bikeway
amendments and a specific plan line to establish a planned
interchange at Morning Drive and Highway 178. The specific
plan line identifies the right-of-way needed for the
realignments and interchange.
1. Resolution approving the Negative Declaration and RES 292-04
adopting the General Plan Amendment of the
Circulation Element and Specific Parks and Trails
Plan for Northeast Bakersfield of the Metropolitan
Bakersfield General Plan, and adopting the Specific
Plan Line, pursuant to Chapter 17.55 of the Municipal
Code, for the realigned segments of Morning Drive
and Auburn Street and planned right-of-way for an
interchange at Morning Drive and Highway 178.
h. Public Hearing to consider Resolution adopting fees pursuant RES 293-04
to the Cost Recovery Program.
Consent Calendar Hearings opened at 6:54 p.m.
No one spoke.
Consent Calendar Hearings closed at 6:55 p.m.
Motion by Vice-Mayor Couch to approve Consent Calendar APPROVED
Hearings 11.a. through 11.h.
Recess taken from 6:55 to 7:05 p.m.
12. HEARINGS
a. Continued Appeal Hearing to consider 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.
Bakersfield, California November 3, 2004 - Page 11
12.
HEARINGS continued
Item 12.a. continued
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 2-112 minimum
lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Staff comments by Development Services Director Hardisty.
Vice-Mayor Couch requested the Planning Commission consider
the following conditions:
· Require lots to be no less than 24,000 square feet in area.
· Permit keeping some farm animals.
· Cap on the number of lots in the 18 acre area to ensure
compatibility with established area properties.
· Larger lots to be required on the east and west edges of
the area in question.
· Developer be encouraged to limit construction to one-
story dwellings.
· The Yuro property be incorporated into su"ounding
areas.
· Access to the oilwell on the Yuro property be provided
without disturbing the neighborhood.
· Deceleration lane be provided westbound on Snow Rd.
turning northbound on to Old Farm Rd.
· Existing structures to the west, possibly in the road right
of way, be protected.
Hearing re-opened at 7:08 p.m.
Harold Robertson, Porter-Robertson Engineering
representing McMillin Homes, David Bedke and Dennis
McClain spoke in favor of the staff recommendation.
Hearing closed at 7:28
Motion by Vice-Mayor Couch to deny the appeal and return the
issue to Planning Commission with requested consideration of
issues raised at the hearing.
455
ACTION TAKEN
APPROVED
456
11.
Bakersfield, California November 3,2004 - Page 12
HEARINGS continued
ACTION TAKEN
b. Continued Appeal Hearing to consider General Plan
Amendment/Zone Change 03-1169; Castle & Cooke has
appealed the Planning Commission' 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 Residential); Planning Commission approved
general plan amendment to HMR (High Medium Residential).
1. Resolution approving the Negative Declaration and RES 294-04
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 FR
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-22 from R-3 (Limited
Multiple-Family Dwelling) and C-2 (Regional
Commercial) to R-2 on 8.82 acres.
Staff comments by Development Services Director Hardisty.
Hearing re-opened at 7:33 p.m.
Roger Mcintosh provided written material and spoke on behalf
of Castle & Cooke, California, Darlene Mulkey, Castle &
Cooke, California, on behalf of Bruce Freeman, A.J. Jacinto
and Candace Thomas spoke in opposition to the staff
recommendation.
Hearing closed at 7:50 p.m.
Motion by Councllmember Sullivan to overturn the Planning
Commission decision and uphold the appeal.
APPROVED
457
Bakersfield, California November 3,2004 - Page 13
11.
HEARINGS continued
ACTION TAKEN
C. General Plan Amendment/Zone Change 04-0885; Mcintosh
& Associates, on behalf of Basil Zuniga, Lucas Dobrzanski,
and Castle & Cooke California, Inc., has appealed the
Planning ·Commission's decision to deny the proposal by
Castle & Cooke California, Inc., to eliminate two conditions
approved for General Plan Amendment/Zone Change No. 04-
0745 that require a pedestrian bridge over the Kern River
Canal and improved pedestrian path and access easement
from Loughton Avenue to Stockdale Highway.
1.
Resolution upholding the decision of the Planning
Commission, denying the appeal, approving the
Negative Declaration, and denying the General Plan
Amendment to eliminate Condition Nos. B.1. and B.2.
of Exhibit B in Resolution No. 207-03.
RES 295-04
2.
First Reading of Ordinance denying the appeal,
approving the Negative Declaration, and denying the
request to eliminate Condition Nos. 8.1. and B.2. of
Exhibit C in Ordinance No. 4165.
FR
Staff comments by Development Services Director Hardisty.
Hearing opened at 7:56 p.m.
Roger Mcintosh, Mcintosh & Associates, provided written
material and spoke in opposition to the staff recommendation.
Basil Zuniga submitted petitions and spoke opposing the
issue. Additionally, Lucas Dobranski, Sarah McKay and Ken
Hammer spoke in opposition to the staff recommendation.
Hearing closed at 8:11 p.m.
Motion by Vice-Mayor Couch to strike requirement for a APPROVED
pedestrian bridge and other Improvements, adopt the Resolution
and give first reading to the Ordinance.
458
Bakersfield, California November 3,2004 - Page 14
13.
NEW BUSINESS
ACTION TAKEN
a. First Reading of Ordinance amending Section 8.44.030 of the FR
Municipal Code relating to Fireworks.
Councilmember Benham presented the Legislative and Litigation
Committee recommendations.
Councilmember Salvaggio requested Mayor Hall recognize audience
members wishing to speak regarding the fireworks issue.
Bill Hargrove, Red Devil and TNT Fireworks Companies,
spoke opposing the Ordinance changes.
Motion by Councllmember Benham to give first reading to the
Ordinance.
APPROVED
NS SALVAGGIO
14. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff Investigate posting
signs at westbound 24"' Street before Beech and Elm Streets
advising motorists not to block exits from those two streets
from access to the roadway.
Councilmember Hanson congratulated Council seat winners of
Tuesday's election.
Councilmember Hanson requested, due to the volume of
appeals, staff conduct a workshop before the Planning
Commission and discuss the City Council's goals and share
with the Commission the efforts which will assist in preventing
or reducing the number of appeals.
Councilmember Carson congratulated incumbent Councilmembers
Benham and Sullivan on re-election, Zack Scrivner for election in
Ward 7 and expressed appreciation for all the candidates who ran for
office.
Councilmember Salvaggio congratulated Councilmembers Benham,
Hanson and Sullivan on their re-elections, and his successor Zack
Scrivner.
Councilmember Salvaggio requested staff repair the northbound
lane on Wible north of White Ln.
Councllmember Salvaggio requested graffiti abatement near the
Montessori school on the east side of Wible.
Bakersfield, California November 3,2004 - Page 15
14.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio thanked Streets for work performed near
the Auto Mall.
Councilmember Sullivan expressed satisfaction at election results
and thanked volunteers in her campaign.
Vice-Mayor Couch congratulated the re-elected Councilmembers and
Mayor.
Vice-Mayor Couch requested staff contact Russ Walker regarding a
one-year only C.U.P. approved for the Promenade in 1999 regarding
storage containers.
Vice-Mayor Couch provided information and requested staff
send map/maps to a constituent.
Vice-Mayor Couch provided a draft Resolution from KernCOG
regarding the redesignation of Hwy. 99 to Interstate status and
requested staff review and provide analysis.
Vice-Mayor Couch requested staff pursue avenues of
implementing the half cent sales tax.
Vice-Mayor Couch thanked Castle & Cooke for road work performed
on Stockdale Hwy. west of Calloway.
Mayor Hall offered congratulations to re-elected Councilmembers and
Councilmember elect Zack Scrivner.
15. ADJOURNMENT
MAYOR of the City of Bakersfield, C
ATTEST:
CITY CLERK and Ex Officio Cle
City of Bakersfield, California
459
ACTION TAKEN
460
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