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Home My WebLink About03/09/05 CC MINUTES 555 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 9, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Scrivner Vice-Mayor Maggard, Carson, Couch, Hanson, Absent: Benham, Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOP a. Overview of Recreation Sites and Opportunities. Presentations and staff comments by City Manager Tandy. Steve Katz, AYSO Region 73 Representative, made comments. Robert Noriega, Chairman, Long Range Planning Committee for Bakersfield Southwest Baseball, Inc. made comments. 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)( 1 )(3)(A) of Government Code Section 54956.9 (1 case). b. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Lavida Hammond. ~~~-;~.~~ 556 Bakersfield, California, March 9, 2005 - Page 2 ACTION TAKEN Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:59 p.m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:35 p.m. RECONVENED MEETING - 6:40 p.m. 5. ROLL CALL Present: Mayor Hall, Councilmembers Scrivner Vice-Mayor Maggard, Carson, Couch, Hanson, Absent Benham, Sullivan Mayor Hall announced correspondence has been received from the developer involved in agenda item 13.a. requesting the item be deferred to the next General Plan Amendment cycle in August, 2005. The item will be re-noticed and information will be mailed affected parties regarding the next Planning Commission and City Council meetings addressing the topic. 6. INVOCATION by Pastor Hayward J. Cox, Church of God. 7. PLEDGE OF ALLEGIANCE by Councilmember Scrivner. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)( 1 )(3)(A) of Government Code Section 54956.9 (1 case). b. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Lavida Hammond. APPROVED AB BENHAM, SULLIVAN APPROVED AB BENHAM, SULLIVAN NO REPORTABLE ACTION STAFF GIVEN DIRECTION Bakersfield, California, March 9, 2005 - Page 3 557 ACTION TAKEN 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation & Parks Director, proclaiming March 12, 2005, as "Arbor Day". Interim Recreation & Parks Director Christensen and Dana Karcher, Executive Director of the Tree Foundation of Kern, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 9, 2005, as "Bakersfield Adult School Day". Ms. Handy accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Casey Auch, North High School senior, and Kurt Eilers, West High School, spoke regarding the Mayor's Youth Advisory Council. b. Bruce Freeman spoke regarding funding for the Bakersfield Symphony. c. Bob Amos, City GIS Division, spoke regarding the upcoming GIS Conference. d. Sandra Larson spoke regarding the need for valley fever awareness, invited Council members to a fund raiser scheduled for March 12, and presented informational material. Vice-Mayor Maggard requested staff facilitate dissemination of valley fever information, particularly to individuals whose exposure rates are increased due to occupational hazard. 11. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 23, 2005 Council Meeting. ',_._.q ...~- --._"'-"~~~--'-'-'--._._-""~ -----.-----....----....-.,. 558 Bakersfield, California, March 9, 2005 - Page 4 11. CONSENT CALENDAR continued Payments: b. Approval of department payments from February 11, 2005 to February 24, 2005 in the amount of $7,755,787.80 and self insurance payments from February 11, 2005 to February 24, 2005 in the amount of $279,823.20. Ordinances: c. First Reading of Ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30, 17.31 and 17.58 of the Municipal Code relating to commercial and industrial setback requirements and parking lot lighting. d. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from an R-S-10a (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwelling) on 20± acres located on the east side of Stine Road between Berkshire Road and Hosking Road. (Applicant: Brimhall Partners, Inc.) (ZC04-1621) e. Adoption of Ordinance adopting the Negative Declaration and Title 17 of the Municipal Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban - 5 acre minimum) to M-2 (General Manufacturing) zone on approximately three acres, located at the southeast corner of Coffee Road and Downing Road. (ZC04-1349) (Applicant: City of Bakersfield) f. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7± acres, located on the southwest corner of Meany Avenue and Patton Way. (Applicant: Marino and Associates) (ZC04-1430) -.-- ACTION TAKEN FR FR ORD 4233 ORD 4234 11. Bakersfield, California, March 9, 2005 - Page 5 :)59 CONSENT CALENDAR continued g. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres, located on the south side of Columbus Street, and on the east side of Haley Street. (Applicant: Michael Dhanens) (ZC04-1473) Resolutions: h. Resolution approving Cultural Resource Desiination and placement of property located at 1811 20 Street on the Bakersfield Register of Historic Places. i. Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase a forensic video analysis system from Ocean Systems, Inc. (not to exceed $43,000.00). Resolution adding territory, Area 1-54 (Brimhall, Calloway SW) 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. j. k. Resolution adding territory, Area 1-56 (Rosedale, Froelich SW) 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. I. Resolution adding territory, Area 4-35 (Fairfax, Royal Coach 2) 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. m. Resolution adding territory, Area 5-18 (5. Chester, Geneva SE) 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. ~" "'--'---' -_ _·'·_··'·~~_N4~·~*_--""-'____.,,~.,,__~ ACTION TAKEN ORD 4235 RES 043-05 RES 044-05 RES 045-05 RES 046-05 RES 047-05 RES 048-05 560 Bakersfield, California, March 9, 2005 - Page 6 11. CONSENT CALENDAR continued n. Resolution of Intention No. 1374 to add territory, Area 4-36 (Chester, 2nd NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Resolution of Intention No. 1375 to add territory, Area 4-37 (21st, "R" NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Golden Valley Planned Drainage Area: 1. Resolution of Intention No. 1372 to establish drainage plan for the Golden Valley Planned Drainage Area and preliminarily approving the boundaries of area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to drainage facilities. Agreement with Kern High School District (not to exceed $179,385.00) for reimbursement of construction and land cost for upsizing storm drain facilities to conform to the Golden Valley Drainage Area. 3. Agreements: q. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056 Phases 2 and 5 located north of Reina Road and east of Jewetta Avenue. 2. Final Map and Improvement Agreement with McMillin Albany, LLC. for Tract 6169 Phase 8 located north of Panama Lane and east of Old River Road. 3. Improvement Agreement with Castle & Cooke Commercial-CA, Inc. for Parcel Map 11119 Phase 1 located west of Gosford Road and north of Harris Road. ._~--- ACTION TAKEN ROl1347 ROl1375 ROl1372 FR AGR 05-086 AGR 05-087 AGR 05-088 AGR 05-089 AGR 05-090 AGR 05-091 AGR 05-092 Bakersfield, California, March 9, 2005 - Page 7 561 11. CONSENT CALENDAR continued Item 11.q. continued 4. Final Map and Improvement Agreements with Fair Oaks South, L. P. for Tract 6079 Unit 2 located west of Old River Road and south of Southern Pacific Railroad Right of Way. 5. Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Unit 3, located south of Reina Road and west of Old Farm Road. r. Agreement with Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $240,000.00,16 month term) for Worker's Compensation legal services. s. Agreement with Clifford & Brown (not to exceed $75,000.00) for outside legal services in the matter of Grant D. Hoffman, et al v. City, et al. t. Agreement to approve assignment of lease from Paul Bealessio to Dr. Richard Parrot of City owned real property located 1100 Coffee Road. Bids: u. Accept bid from Hi Standard Automotive ($52,574.20) for lightbars and sirens for police vehicles (new and existing). v. Accept bid to award annual contract to Jim Alfter, Cement Contractor (not to exceed budgeted amount of $220,000.00) for canal liner repair. w. Accept bids from Sunrise Lighting Systems (137 items $74,098.06) and Quattro Lighting Inc. (137 items $72,584.66) for decorative park lighting fixtures and poles for 32 acre park. Miscellaneous: x. Appropriate and transfer $150,000.00 General Fund balance to the Equipment Management Fund Public Works Department's operating budget to purchase two aerial lift trucks for the traffic signal maintenance program. ."..-...-..-.- "'----~." ACTION TAKEN AGR 05-093 AGR05-094 AGR 05-095 AGR 05-096 AGR 05-097 AGR 05-098 AGR 05-099 AGR 05-100 562 Bakersfield, California, March 9, 2005 - Page 8 11. CONSENT CALENDAR continued y. Contribution from Shell Oil Products U.S. for Special Safety and Recreation Programs: 1. Appropriate $5,000.00 to the General Fund Fire Department Operating Budget for the publication of water safety brochures. 2. Appropriate $4,623.00 to the General Fund Recreation and Parks Operating Budget for a sports program for underprivileged youth. z. Historic Preservation Commission 2003/2004 Fiscal Year Annual Report. aa. City Policy regarding maintenance of sidewalks. Motion by Vice-Mayor Maggard to approve Consent Calendar items 11. a through 11.aa. 12. CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change No. 03- 0746; Mcintosh & Associates, on behalf of Mountain View Bravo, LLC has proposed a General Plan Amendment and Zone Change on 41.3 acres located generally north of Highway 178 west of Masterson Street (City in the Hills). 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from GC (General Commercial) to LR (Low Density Residential) on 16.02 acres and HR (High Density Residential) on 6.01 acres, HMR (High Medium Residential) to GC on 11.81 acres, LR to GC on 7.20 acres, and LR to HR on 0.26 acres. ACTION TAKEN REFERRED TO PLANNING AND DEVELOPMENT COMMITTEE APPROVED AB BENHAM, SULLIVAN RES 049-05 Bakersfield, California, March 9, 2005 - Page 9 b63 12. CONSENT CALENDAR HEARINGS continued 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19 and 104-20, to change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres and R-3 (Limited Multiple Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2 on 7.20 acres, and R-1 to R-3 on 0.26 acres. b. General Plan Amendment/Zone Change 04-0867; Porter-Robertson Engineering, on behalf of Jon Balfanz, et al (property owner) has proposed a General Plan Amendment and Zone Change on 11.05 acres located west of State Highway 99, generally south of Hosking Avenue. 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 4.03 acres and from GC to LR on 7.02 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on 4.03 acres and from C-1 to R-1 on 7.02 acres. c. General Plan Amendment/Zone Change 04-1322; Susan Lucas (property owner) has proposed a General Plan Amendment and Zone Change on 14.95 acres, located north of Hosking Avenue, generally west of State Route 99. 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use designation from LMR (Low Medium Density Residential) and LR (Low Density Residential) to GC (General Commercial). _.,_...~_..._._.- .---~,~... ACTION TAKEN FR RES 050-05 FR RES 051-05 564 Bakersfield, California, March 9, 2005 - Page 10 ACTION TAKEN 12. CONSENT CALENDAR HEARINGS continued First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to C-2 (Regional Commercial) zone. d. General Plan Amendment/Zone Change No. 04-1334; The Lusich Company, Inc., on behalf of Antongiovani, et ai, has proposed a General Plan Amendment and Zone Change on 95.94 acres located on the south side of Panama Lane, east and west of Old River Road. The proposal includes annexation into the City and cancellation of a Williamson Act Contract for 80.11 acres. 2. 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from R-1A (Resource-Intensive Agriculture) to LR (Low Density Residential). 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-29 and 123-30 from A (Agriculture) to R-1 (One Family Dwelling). 3. Resolution approving the Negative Declaration and approving the cancellation of a Williamson Act Contract for 80.11 acres. e. General Plan Amendment/Zone Change 03-1345; Max P. Bacerra and Associates, on behalf of Rogelio Tolentino, has proposed a General Plan Amendment and Zone Change on 18.64 acres located along the northeast comer of Old Famn Road (extended) and Noriega Road. 1 . Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC (General Commercial) on 5.0 acres. ----.,.--- FR RES 052-05 FR RES 053-05 HEARING OPENED AND CONTINUED TO MARCH 30, 2005 Bakersfield, California, March 9, 2005 - Page 11 ~65 12. CONSENT CALENDAR HEARINGS continued Item 12.e. continued ACTION TAKEN 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A- 20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 13.64 acres and to C-2 (Regional Commercial) on 5 acres. Assistant City Clerk Gafford announced correspondence was received from Nordman, Cormany, Hair and Compton, on behalf of Beazer Homes, in opposition to item 12.e. Additionally correspondence was received from the applicant requesting the issue be continued to the March 30th Council Meeting, f. General Plan AmendmenUZone Change 04-1346; Mcintosh & Associates, on behalf of Workman Brothers, has proposed a General Plan Amendment and Zone Change on 30 acres located along the north side of Taft Highway/State Route 119, approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road. 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment changing the land use designations from RR (Rural Residential) to Low Density Residential). RES 054-05 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Exclusive Agriculture) to R-1 (One Family Dwelling). FR Hearings opened at 7;18 p.m. Hearings items a, b, c, d and f closed at 7:18 p.m., and item e. remained open. Councilmember Couch requested the motion to approve Consent Calendar Hearings include the continuation of item 12.e. to the next General Plan Amendment Cycle. 566 . , Bakersfield, California, March 9, 2005 - Page 12 12. CONSENT CALENDAR HEARINGS continued Item 12.f. continued ACTION TAKEN Motion by Vice-Mayor Maggard to approve Consent Calendar Items 12.a. through 12.f. with Item 12.e. to remain opened and continued to the next Council Meeting, March 3D, 2005. APPROVED AS BENHAM, SULLIVAN Mayor Hall announced item 12.e. remains open and will return to City Council March 30th. 13. HEARINGS a. Hearing to consider General Plan Amendment/Zone DEFERRED TO AUGUST Change 04-0815; Porter-Robertson Engineering, on 2005 behalf of James Etcheverry, et ai, has applied for a General Plan Amendment and Zone Change on 82.5 acres located north of Snow Road, generally between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning Commission decision to deny the proposal. 1. Resolution approving the Negative Declaration and adopting the requested General Plan Amendment from SR (Suburban Residential) to LR (Low Density Residential). 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling). Assistant City Clerk Gafford announced Porter- Robertson Engineering, on behalf of James Etcheverry, et al. has requested this item be deferred to the next GPA cycle in August. Correspondence was received from Norman and Edith Reimers in opposition to approval of this item. Mayor Hall announced the item will be deferred to the August GPA cycle and will be re-noticed at that time. 14. REPORTS a. Community Services Committee Report regarding naming of park at Stockdale Highway and Buena Vista Road. 567 Bakersfield, California, March 9, 2005 - Page 13 14. REPORTS continued Motion by Councilmember Carson to accept the Committee report and recommendation to name the park at Stockdale Hwy and Buena Vista Road "The Park at River Walk. .. b. Fiscal Year 2004-05 Budget Report. 1. Transfer and appropriate $1,776,000.00 General Fund balance to the Equipment Management Fund, Public Works operating budget for police, streets, graffiti, parks and code enforcement vehicles and capital equipment. City Manager Tandy gave a presentation and made staff comments. Vice-Mayor Maggard requested staff evaluate the feasibility of hiring crews to fill potholes specifically and when resurfacing is scheduled to outsource the work as a cost saving measure. Motion by Vice-Mayor Maggard to approve transfer and appropriate of funds. 15. MAYOR AND COUNCIL STATEMENTS Councilmember Carson expressed appreciation for the apprehension of three graffiti vandals doing damage to her place of business. Council member Carson encouraged members of the Council to tour the California Senior Housing Project. Councilmember Carson requested staff repair streets in the vicinity of the California Senior Housing Project. Councilmember Hanson congratulated Jim Foss and SMG for the success of the State Wrestling Championship Tournament. Councilmember Hanson requested information regarding when a reports on City pools will be presented. City Manager Tandy responded. Councilmember Hanson thanked Interim Recreation and Parks Director Christensen and staff for the report on park equipment. _,..__._~~__~.__~ ..,___..~w..___ . ACTION TAKEN APPROVED AB BENHAM, SULLIVAN APPROVED AB BENHAM, SULLIVAN '~""~~--~-'~-~------" -."_-,.__..," 568 Bakersfield, California, March 9, 2005 - Page 14 13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch requested additional traffic control to reduce speeding at White Lane and Buena Vista near Stockdale High School. Councilmember Couch requested staff analyze the feasibility of reinstatement of televised Planning Commission meetings. Councilmember Couch requested staff evaluate implementing smaller traffic projects, such as right hand turn lanes, dual right hand turns and protected rights, in order to improve traffic flow. Council member Couch requested information regarding the scheduling of the Adopt a Parkway Program. City Manager Tandy responded. Councilmember Couch requested staff analyze the cost per household of implementing a City bulky waste pickup program. Councilmember Couch requested a copy of the letter opposing item 12.e. on the agenda. Councilmember Couch requested information regarding the stance of other City Councils on the proposed haff cent sales tax. Councilmember Couch thanked Mayor Hall for chairing the meeting in spite of feeling ill. Vice-Mayor Maggard confirmed with Chief Rector there is a full time officer devoted to graffiti control and requested particular attention to apprehending a vandal operating In the Marella and California Ave. area. Vice-Mayor Maggard thanked Public Works Director Rojas and the Public Works staff for their efficient response to the recent flooding. Vice-Mayor Maggard requested an update on providing incentives to encourage clubs to utilize the McMurtrey Aquatics Center and analyze the rate charged for use of the facility. Vice-Mayor Maggard requested a meeting with Chief Rector and City Attorney Gennaro to discuss release of a memo regarding sexual predators. Bakersfield, California, March 9, 2005 - Page 15 b69 15. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard requested staff explore creating a half cent sales tax sub·set for the Greater Bakersfield area. Council member Scrivner thanked staff for expeditiously responding to referrals. Councilmember Scrivner complimented the recent Sister City events, and the efforts involved in staging the events, with Queretaro, Mexico. Mayor Hall expressed appreciation to the Council for their support of the recent events surrounding the visit of the delegation from Queretaro, Mexico; additionally Chief Fraze, Captain Bivens, the Public Safety Sheriff, Water Resources Florn Core and California Water Service for providing tours for the Mexican delegation. Additionally Mayor Hall encouraged interested parties to join the tour scheduled for Queretaro in July. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:24 p.m. MA ATTEST: nA~IOA ttJ&{/ÍÚ~ CITY CLERK and Ex Officio C of the Council of the City of Bakersfield -- .,_.._...._,.."....._-~.,.... -,.~~~_.'-~ 570 . ***T"15 PAGE INTENTIONALLY LEFT BLANK***