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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 ***THI5 PAGE INTENTIONALLY LEFT BLANK***