HomeMy WebLinkAbout03/30/05 CC MINUTESBAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 30, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING — 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Maggard,
Councilmembers Carson, Couch, Hanson,
Scrivner
Absent: None.
Mayor Hall recognized Boy Scout Troop 26 from
Reagan Elementary School.
2. PUBLIC STATEMENTS
- None.
3. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Anthony Campbell, et al v City, et al.
2. Arlene Sanders and Ken McDaniel v
City, et al.
3. Gary Willis v City, et al.
C. 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)
ACTION TAKEN
571
572
Bakersfield, California, March 30, 2005 —Page 2
Motion by Vice -Mayor Maggard to adjourn to Closed
Session at 5 :17 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6 :27 p.m.
RECONVENED MEETING - 6:40 p.m.
4. ROLL CALL
Present: Mayor Hall, Vice -Mayor Maggard,
Councilmembers Carson, Couch, Hanson,
Scrivner
Absent: None.
5. INVOCATION by Reverend Timothy Grays, Pleasant View
Baptist Church.
6. PLEDGE OF ALLEGIANCE Hale, 8'" Grade Student at St.
Francis School.
Mayor Hall announced the appellants for hearing
item 12.a., Brian and Annette Pellens, have
withdrawn their appeal and for this reason item 12.a.
will not be heard.
Mayor Hall welcomed Ridgeview High School
government class students to the meeting.
7. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation — City
Manager; Closed Session pursuant to
Government Code Section 54957.
b. Conference with Legal Counsel — Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Anthony Campbell, at al v City, at al.
2. Arlene Sanders and Ken McDaniel v
City, et al.
3. Gary Willis v City, et al.
ACTION TAKEN
APPROVED
APPROVED
CONTINUED TO 4 -13 -05
COUNCIL MEETING
NO REPORTABLE
ACTION
8.
i=A
Bakersfield, California, March 30, 2005 — Page 3
CLOSED SESSION ACTION ACTION TAKEN
C. 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)
Mayor Hall announced item 7.a. would be continued
to the next City Council meeting.
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr. B.
A. Jinadu, Director of Public Health Services, Kern
County Department of Public Health, proclaiming
April 2 -8, 2005 as "Public Health Week ".
Dr. Jinadu made comments.
b. Presentation by Councilmember Sue Benham of
Mayor's Proclamation to Christine Wood,
proclaiming March 30, 2005, as "Christine Wood
Day'.
Councilmember Benham recognized Dr. Jean
Fuller, Ken Weir, Karen DeWalt and Principal Lillian
Tafoya in the audience.
Ms. Wood made comments.
PUBLIC STATEMENTS
a. Jaime Campbell, One Legacy, spoke regarding an
Organ Donor Registry Event on April 4.
b. Millie Diffenbaugh and Louis Hoyt, Sr., spoke
regarding the closure of the Beale Park Pool.
C. Jim McWorter, Tim Strem and Rocky Hams spoke
regarding the Foothills Trails Plan and fencing.
10. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 28, 2005
Special Joint City Council /Kern County Board
of Supervisors Meeting and the March 9, 2005
Council Meeting.
NO REPORTABLE
ACTION
573
574 Bakersfield, California, March 30, 2005 — Page 4
10. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Approval of department payments from February 25,
2005 to March 17, 2005 in the amount of
$12,158,375.92 and self insurance payments from
February 25, 2005 to
March 17, 2005 in the amount of $320,768.89.
Ordinances:
C. First Reading of Ordinance amending Chapter 15.72 FR
of the Municipal Code relating to
Historic Preservation Commission.
d. First Reading of Ordinance amending Chapter 5.14 FR
of the Municipal Code relating to applications for
and renewal of cabaret permits.
e. First Reading of Ordinance adopting the Negative FR
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102 -06 from
an A (Agriculture) to E (Estate) on 56.49+
acres, located on the southwest corner of Calloway
Drive and Etchart Road. (ZC04 -1508)
(Applicant: Dewalt Corporation /Adavco).
f. Adoption of Ordinance amending Chapters 17.20, ORD 4236
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.
Adoption of Ordinance adopting the Negative ORD 4237
Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 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)
Bakersfield, California, March 30, 2005 — Page 5 575
10. CONSENT CALENDAR continued ACTION TAKEN
Adoption of Ordinance adopting a Negative ORD 4238
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, C -2
to 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, R -1 to R -3 on 0.26 acres located
west of Masterson Street, between Paladino Drive
and Highway 178. (ZC03 -0746) (Applicant:
McIntosh and Associates representing Mountain
View Bravo LLC)
Adoption of Ordinance adopting the Negative ORD 4239
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123 -36 from
an R -1 (One Family Dwelling) to a C -1
(Neighborhood Commercial) zone on 4.03 acres,
generally located west of State Highway
99, generally south of Hosking Avenue. (ZC04-
0867) (Applicant: Porter - Robertson
Engineering representing Jon Balfanz)
j. Adoption of Ordinance adopting the Negative ORD 4240
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124 -29 from
an A (Agriculture) to a C -2 (Regional
Commercial) zone on 14.95 acres, located north of
Hosking Avenue, generally west of
State Route 99. (ZC04 -1322) (Applicant/Owner:
Susan Lucas)
k. Adoption of Ordinance adopting the Negative ORD 4241
Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 123 -29 and
123 -30 to change the zoning from an A
(Agriculture) to an R -1 (One Family Dwelling) zone
on 95.94 acres located on the south
side of Panama Lane, east and west of Old River
Road. (ZC04 -1334) (Applicant: The
Lusich Co. representing Richard Antongiovanni, et
al)
576
10.
Bakersfield, California, March 30, 2005 — Page 6
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative
Declaration amending Title 17 of the Municipal
Code and Zoning Map No. 123 -34 from an A
(Exclusive Agriculture) to R -1 (One - Family Dwelling)
zone on approximately 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. (ZC04 -1346)
(Applicant: McIntosh and Associates representing
Workman Brothers)
Resolutions:
M. Golden Valley Planned Drainage Area:
Resolution adopting the Golden Valley
Planned Drainage Area and making findings
thereto.
2. Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating
to Drainage Facilities.
n. Resolution in support of the establishment of a
Central San Joaquin Valley Economic
Development Task Force.
o. Resolution in support of the establishment of an
Adopt -a- Parkway Program for the
maintenance and enhancement of the Kern River
Parkway.
p. Resolution levying amending assessment amounts
for parcels located in Assessment District 04 -1
(Countryside/The Homestead /Cherry Hill /Olive Park
ul).
q. Resolution amending the official list of designated
speed zones pursuant to Sections 22357
and 22358 of the California Vehicle Code and
Chapter 10.24 of the Municipal Code.
Storm Damage and Environmental Clean -up:
Resolution dispensing with bidding
procedures due to emergency repairs
resulting from storm damage and
environmental clean -up in downtown
Bakersfield, not to exceed $200,000.00.
ACTION TAKEN
ORD 4242
RES 055-05
ORD 4243
RES 056-05
REMOVED FOR
SEPARATE
CONSIDERATION
RES 058 -05
RES 059-05
RES 060-05
577
Bakersfield, California, March 30, 2005 — Page 7
10. CONSENT CALENDAR continued
Item 10.r. continued
2. Appropriate $200,000.00 Sewer Enterprise
Fund balance to the Capital Improvement
Budget.
Resolution authorizing the execution of a standard
agreement, or other documents to secure a
Workforce Housing Reward Grant from the
California Department of Housing and Community
Development.
t. Sewer Connection Fee Assessments:
Resolution confirming assessments for
sewer connection fees and authorizing the
collection of assessments by the Kem
County Tax Collector.
2. Agreement with Jacqueline R. Villages, 1816
Faxon Avenue, to pay sewer connection fee
in installments and notice of special
assessment lien.
3. Agreement with Leonard P. Pippin and
Barbara J. Pippin, 6316 Springdale Drive, to
pay sewer connection fee in installments and
notice of special assessment lien.
U. Resolution authorizing the Police Department to
apply for the Edward Byrne Memorial Justice
Assistance Grant ($97,235.00) from the U.S.
Department of Justice.
V. Resolution in support of Senate Bill 926 relating to
biosolids.
W. Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City
property identified as Annexation No. 485 located
south of Meany Avenue, west of Patton Way.
ACTION TAKEN
RES 061 -05
AGR 05 -428
RES 062 -05
AGR 05-101
AGR 05-102
RES 063 -05
REMOVED FOR
SEPARATE
CONSIDERATION
RES 065-05
X. Resolution approving annual renewal of support and RES 066-05
maintenance services for Versaterm's Records
Management System (RMS) and Computer Aided
Dispatch (CAD) software (not to exceed
$250,000.00 per year.
578
Bakersfield, California, March 30, 2005 —Page 8
10. CONSENT CALENDAR continued ACTION TAKEN
Resolution adding territory, Area 4 -36 (Chester, 2nd RES 067 -05
NE) 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.
Z. Resolution adding territory, Area 4 -37 (21s', "R" NE) RES 068-05
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.
aa. Resolution of Intention No. 1376 to add territory, RO►1376
Area 4 -38 (Columbus, Haley SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROI 1377
bb. Resolution of Intention No. 1377 to add territory,
Area 4 -39 (14'", "Q" SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
cc. Resolution of Intention No. 1358 to order the RO►1358
vacation of a portion of Progress Road between
Harris Road and Panama Lane.
Agreements:
dd. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with
AGR 05-103
Parkview Cottages, LLC, for Tract 6168
located north of 21" Street and east of R
Street.
AGR 05-105
Maps Improvement Agreements with
2. Final Ma P P 9
AGR 05-105
Castle & Cooke California, Inc., for Tract
AGR 05 -106
6281 Units 1, 2, and 3located north of
Stockdale Highway and east of Allen Road
and east of Wible Road.
3. Final Map and Improvement Agreements
AGR 05-107
with D.N.B. Development Corp., for Tract
AGR 05-108
6006 Phase 3 located north of McKee Road
and east of Wible Road.
Bakersfield, California, March 30, 2005 — Page 9
10. CONSENT CALENDAR continued
Item 10.dd. continued
4. Final Map and Improvement Agreements
with ADH Corporation for Tract 6232 Phase
1 located south of Zephyr Lane and east of
South Oswell Street.
5. Final Map and Improvement with Mountain
Oaks, Inc., and Pulte Homes
Corporation for Tract 6219 located south of
Campus Park Drive and west of Mountain
Vista Drive.
Final Map and Improvement Agreements
with Lennar Homes of California for Tract
6077 Unit 12 located north of Olive Drive and
east of Jewetta Avenue.
ff. Agreement with County of Kern for lease of real
property in Northeast Bakersfield for use as a public
park.
gg. Environmental Impact Report Processing for
Gosford Village Project:
1. Agreement with Michael Brandman
Associates ($236,359.00) to assist Planning
Department staff with the processing of the
Environmental Impact Report for project.
2. Appropriate $236,359.00 developer's
contribution to the Development Services
operating budget in the general fund for the
EIR consultant and staff administrative costs
hh. Environmental Impact Report Processing for
Panama 99 Project:
Agreement with Michael Brandman
Associates ($242,069.00) to assist Planning
Department staff with the processing of the
Environmental Impact Report for project.
Appropriate $242,069.00 developer's
contribution to the Development Services
operating budget in the general fund for the
EIR consultant and staff administrative
costs.
ACTION TAKEN
AGR 05-109
AGR 05-110
AGR 05-111
AGR 05-112
AGR 05-113
AGR 05-114
AGR 05-115
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 05-117
AGR 05-118
579
1141
Bakersfield, California, March 30, 2005 — Page 10
CONSENT CALENDAR continued ACTION TAKEN
ii. Environmental Impact Report Processing for
GPA/ZC P03 -0337:
1. Amendment No. 1 to Agreement No. 03 -214 AGR 03- 214(1)
($39,428.00) with General Holdings, Inc. for
the preparation of an Environmental Impact
Report for GPA/ZC P03 -0337.
2. Amendment No. 1 to Agreement No. 03 -215 AGR 03- 215(1)
with Michael Brandman Associates
($39,438.00) for preparation of an
Environmental Impact Report for GPA/ZC
P03 -0337.
3. Appropriate $39,438.00 developer's
contribution to the general fund for
Development Services operating budget.
jj. Environmental Impact Report for General Plan
Amendment/Zone Change 04 -1746 (Cobblestone
& Crossroads):
AGR 05-119
1. Agreement with Centex Homes
($111,825.00) for the preparation of an
Environmental Impact Report (EIR) and
appropriate $111,825.00, the developer's
- contribution, to the Development Services
operating budget in the general fund.
2. Agreement with Michael Brandman AGR 05-120
Associates ($111,825.00) for preparation of
an Environmental Impact Report for GPA/ZC
04 -1746.
kk. Concurrent Application Processing:
1. Agreement with RBF Consulting (not to AGR 05-121
exceed $70,000.00) to assist Planning
Department staff with the processing of
concurrent applications.
2. Appropriate $70,000.00 in revenues to the
Development Services operating fund.
II. Cooperative Agreement with State of California AGR 05-122
Department of Transportation (Caltrans)
($99,226.00) to construct traffic control signals and
safety lighting on Ming Avenue at southbound Route
99 ramp.
10.
Bakersfield, California, March 30, 2005 — Page 11
CONSENT CALENDAR continued ACTION TAKEN
mm. Construction & Maintenance Agreements with Union
Pacific Railroad and San Joaquin Valley Railroad
for:
Sunset Branch at Harris Road
($362,050.00).
2. Buttonwillow Branch at Mountain Vista Drive
($362,050.00).
3. Buttonwillow Branch at Old River Road
($380,313.00).
4. Buttonwillow Branch at Akers Road
($362,050.00).
nn. Agreement with Mark Briggs, Grant Consultant
($46,000.00) for preparation of Section 108
Federal Loan Applications and Brownfield Economic
Development Initiative (BEDI) Grant Applications.
00. Agreement with Kronick, Moskovitz, Tiedemann &
Girard (not to exceed $10,000.00) for
legal services.
pp. Amendment No. 1 to Agreement No. CA04 -034 with
Duane Morris ($65,000.00, total contract not to
exceed $80,000.00) for general legal consulting
services.
AGR 05-123
AGR 05-124
AGR 05-125
AGR 05-126
AGR 05-127
AGR 05-128
AGR 05-129
qq. Amendment No. 1 to Agreement No. CA05 -003 with AGR 05-130
Marderosian, Runyon, Cercone, Lehman & Armo
($25,000.00, total contract not to exceed
$50,000.00) for legal services regarding Anthony
Campbell, et al v City, et al.
rr. Amendment No. 4 to Agreement No. 01- 087/RA01-
04 with CVE Development, Inc. for modification of
the repayment provision for the senior housing
project in the Southeast
Redevelopment Project Area.
ss. Subdivision Plan Checking Services:
Amendment No. 1 to Agreement No. 04 -210
with Willdan ($130,000.00, total
contract not to exceed $280,000.00) for plan
checking services.
AGR 01- 0871RA01 -04(4)
AGR 04210(1)
581
Rz M61
MOM
10.
Bakersfield, California, March 30, 2005 — Page 12
CONSENT CALENDAR continued
Item 10.ss. continued
2. Appropriate $80,000.00 additional plan
check revenue and the $50,000.00
contribution to the Public Works Department
operating budget within the Development
Services Fund.
tt. Contract Change Order No. 1 to Agreement No. 04-
248 with S.C. Anderson, Inc. ($68,994.57, for a
revised contract amount of $2,344,794.57) for the
Jefferson Pool Rehabilitation and Wet Play Area.
uu. Contract Change Orders to Contract No. 03 -208
with Granite Construction Company to construct
White Lane at State Route 99 Overcrossing
Widening and Interchange Improvements:
Contract Change Order No. 5 to increase
compensation by $267,520.41.
2. Contract Change Order No. 6 to increase
compensation by $42,225.50.
3. Contract Change Order No. 7 to increase
compensation by $435,406.00.
4. Contract Change Order No. 8 to increase
compensation by $102,350.00.
5. Appropriate $850,000.00 Transportation
Development Fund Balance to the Capital
Improvement Budget.
Bids:
vv. Accept bid to award contract to A -C Electric
Company ($388,877.50, for base bid and
additive alternative) for traffic signal interconnect
installation — part 1.
ww. Accept bids from Fisher Scientific Company LLC (5
items, $84,556.51) and Mayberry Sales (1 item
$10,628.54) for decontamination shelters and
medical response items for the Fire Department
(total $95,185.05).
xx. Accept bid to award contract to H & H Engineering
Construction, Inc. ($52,910.00, for 4 years) to
perform maintenance and repair services for the
Amtrak trackage between H Street and Union
Avenue.
ACTION TAKEN
CCO1 AGR 04- 248(1)
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 05-131
AGR 05-132
Bakersfield, California, March 30, 2005 — Page 13 583
10. CONSENT CALENDAR continued ACTION TAKEN
yy. Accept bid from FS3 ($56,987.29) for two (2)
replacement Holmatro Rescue Tools (Jaws of
Life) for the Fire Department.
zz. Sewer Cleaner Truck:
1. Accept bid from Gibbs International
($173,160.49) for one (1) additional Sewer
Cleaner Truck, Jet Rodder for the Streets
Sewer Division of Public Works.
2. Appropriate and transfer $35,000.00 Sewer
Enterprise Fund balance to the Equipment
Management Fund.
aaa. Refuse Trucks (4):
Accept bids from Bakersfield Truck Center
($200,652.95) for one (1) additional front
loading refuse truck, and, Gibbs International
($345,778.29) for three (3) additional
roll off refuse trucks for the Solid Waste
Division of Public Works.
Appropriate and transfer $70,000.00 Refuse
Fund balance to the Equipment
Management Fund.
bbb. Reject bid for graffiti trucks (2).
Miscellaneous:
ccc. Community Development Block Grant (CDBG)
Action Plan Amendment No. 14 (FY02 /03),
Amendment No. 6 (FY03 /04) and Amendment No. 2
(FY04 /05).
ddd. Authorize payment (not to exceed $35,000.00) to
Quinn Company for repairs on the D6 Crawler
Tractor.
eee. Appropriate $1,000.00 developer's contribution to
the Development Services budget in the general
fund for peer review of the Geologic Hazards Report
for Vesting Tentative Tract 6444 in the City in the
Hills development. (Developer: K.
Hovnanian /Engineer: Pinnacle).
fff. Development of a Joint Powers Authority for
Metropolitan Area Transfer Station Planning
584 Bakersfield, California, March 30, 2005 — Page 14
10. CONSENT CALENDAR continued ACTION TAKEN
City Clerk McCarthy announced corrections to
Consent Calendar items items 10.c., 10.j. (zoning
map to read 123 -25) and 10.w. Additionally
correspondence was received in support of item
10.v.
Motion by Vice -Mayor Maggard to approve Consent APPROVED
Calendar items 10.a. through 10.11M, with items 10.o.,
10.v., 10.uu., 10A.. and 10bbb. removed for separate
consideration and correction to items 10.c., 10J., and
10.w.
o. Resolution in support of the establishment of an RES 057 -05
Adopt -a- Parkway Program for the
maintenance and enhancement of the Kern River
Parkway.
Councilmember Couch requested Solid Waste
Superintendent Moretti make comments regarding
the Adopt -a -Park Program. Mr. Moretti made
comments.
Motion by Councilmember Couch to approve the APPROVED
Resolution.
uu. Contract Change Orders to Contract No. 03 -208
with Granite Construction Company to construct
White Lane at State Route 99 Overcrossing
Widening and Interchange Improvements:
1. Contract Change Order No. 5 to increase CC05 AGR 03 -208
compensation by $267,520.41.
2. Contract Change Order No. 6 to increase CC08 AGR 03 -208
compensation by $42,225.50.
3. Contract Change Order No. 7 to increase CC07 AGR 03 -208
compensation by $435,406.00.
4. Contract Change Order No. 8 to increase CCO8 AGR 03 -208
compensation by $102,350.00.
5. Appropriate $850,000.00 Transportation
Development Fund Balance to the Capital
Improvement Budget.
Councilmember Hanson requested Council be kept
apprised of the situatioWlitigation involving URS
Corporation and the attempted recovery of damages
incurred by the City due to that entities
miscalculations.
10.
11.
Bakersfield, California, March 30, 2005 — Page 15
CONSENT CALENDAR continued ACTION TAKEN
Motion by Councilmember Hanson to approve item APPROVED
10.uu.
V. Resolution in support of Senate Bill 926 relating to RES 06405
biosolids. FAILED
NS CARSON,
Motion by Councilmember Scrivner to deny supporting BENHAM, MAGGARD,
the legislation and Resolution. COUCH, HANSON,
SULLIVAN
Motion by Councilmember Couch to adopt the APPROVED
Resolution, with the second to the last whereas NS SCRIVNER
stricken at the request of Councilmember Carson.
ff. Agreement with County of Kern for lease of real AGR 05-116
property in Northeast Bakersfield for use as a public
park.
APPROVED
Motion by Vice -Mayor Maggard to approve the
Agreement.
bbb. Reject bid for graffiti trucks (2).
Motion by Vice -Mayor Maggard to reject the bids. APPROVED
CONSENT CALENDAR HEARINGS
a. General Plan Amendment 04 -0838; The City has MOVED TO HEARING
2.f.
proposed a General Plan Amendment on a ITEM 1
single lot located at 1909 Maple Avenue.
1. Resolution approving the Notice of
Exemption and denying the General Plan
Amendment from LR (Low Density
Residential) to HMR (High Medium
Residential).
b. General Plan Amendment/Zone Change 04 -1326;
Porter - Robertson Engineering, on behalf of Marcus
Rudnick, LLC Go Marcia Rudnick (property owner)
has proposed a General Plan Amendment and Zone
Change on 42.7 acres located north of Berkshire
Road generally east of South H Street.
585
11.
Bakersfield, California, March 30, 2005 — Page 16
CONSENT CALENDAR HEARINGS continued
Item 11.b. continued
Resolution approving the Negative
Declaration and adopting the General Plan
Amendment to change the land use
designation from SI (Service Industrial) and
LI (Light Industrial) to LR (Low Density
Residential) on 32.7 acres and to LMR (Low
Medium Density Residential) on 10 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124 -30 from M -2 (General
Manufacturing) and M -1 (Light
Manufacturing) to R -1 (One Family Dwelling)
on 32.7 acres and to R -1 /PUD (One Family
Dwelling /Planned Unit Development) on 10
acres.
City Clerk McCarthy announced petitions with 165
signatures were received in opposition to the
project.
C. General Plan Amendment/Zone Change 04 -1336;
Porter Robertson Engineering, on behalf of Mathew
A. Towery, has proposed a General Plan
Amendment and Zone Change on 13
acres located along the west side of Renfro Road,
south of Johnson Road and approximately 700 feet
north of Stockdale Highway.
Resolution approving the Negative
Declaration and adopting the General Plan
Amendment and changing the land use
element from GC (General Commercial) 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 -13 from C -1 (Neighborhood
Commercial) to R -1 (One - Family Dwelling)
zone.
General Plan Amendment/Zone Change No. 04-
1343; Maurice Etchechury, property owner, has
proposed a General Plan Amendment and zone
change on 22.5 acres, located north of Snow Road,
generally east of Allen Road.
ACTION TAKEN
RES 069-05
FR
RES 070-05
FR
581
Bakersfield, California, March 30, 2005 — Page 17
11. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 11.d. continued
Resolution approving the Negative RES 071 -05
Declaration and adopting the General Plan
Amendment to change the land use
designation from R -MP (Resource - Mineral
Petroleum) to SI (Service Industrial).
First Reading of Ordinance adopting the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
Nos. 123 -36 from NR -5 (Natural Resource -5
acres minimum) to an M -2 (General
Manufacturing) zone.
General Plan Amendment/Zone Change 03 -1347;
SmithTech /USA Inc., on behalf of George Spencer
Jr., has proposed a General Plan Amendment on
36.03 acres and a Zone Change on two acres,
located south of Hosking Avenue, generally east of
South Union Avenue.
Resolution approving the Negative RES 072-05
Declaration and adopting the General Plan
Amendment and changing the land use
element from LMR (Low Medium Density
Residential) to LR (Low Density Residential).
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124 -32 from C -2 (Regional Commercial)
to R -1 (One Family Dwelling) on two acres.
f. General Plan Amendment/Zone Change 04 -1762;
Porter- Robertson Engineering, on behalf of Paul
Owhadi, has proposed a General Plan Amendment
to the circulation element to add "collector"
alignments within an area south of Panama Lane,
west of South "H" Street and north of Hosking
Road.
Resolution approving the Notice of RES 073 -05
Exemption and adopting the General Plan
Amendment to the Circulation Element.
City Clerk McCarthy announced correction to items
11.c. (zone map no. 101 -34) and 11.d. (zone map
no. 101 -01).
58
Bakersfield, California, March 30, 2005 —Page 18
11. CONSENT CALENDAR HEARINGS continued
Item 111 continued
Mr. Snedden requested item 11.a. be moved to the
hearing portion of the meeting.
Hearings 11.b through 11.f. opened at 7:52 p.m.
Hearings I I.b. through 11.f. closed at 7:54 p.m.
Motion by Vice -Mayor Maggard adopt items 11.b.
through 111
Mayor Hall reiterated the appellants for hearing
item 12.a., Brian and Annette Pellens, have
withdrawn their appeal and for this reason item 12.a.
will not be heard.
12. HEARINGS
a. Hearing to consider appeal by Brian and Annette
Pellens, of the Board of Zoning Adjustment's denial
of a Conditional Use Permit (File No. 04 -1721) to
increase an existing residential care home for the
elderly from 6 to 10 clients, and to reduce the
required onsite parking from 10 spaces to 4 tandem
spaces in an R -1 (One - Family Residential) zone
located at 2485 Spruce Street.
b. General Plan Amendment/Zone Change No. 04-
0847; Porter - Robertson Engineering, on behalf of
David Wilson, has appealed the Planning
Commission's decision denying their request for a
Zone Change on 7.5 acres located at the northwest
corner of Brimhall Road and Calloway Drive.
ACTION TAKEN
APPROVED
WITHDRAWN
Resolution approving the Negative RES 075-05
Declaration and adopting the General Plan
Amendment to change the land use
designation from SR (Suburban Residential)
to OC (Office Commercial).
2. Resolution denying the appeal, approving NAT
the Negative Declaration and denying the
proposed amendment to Title 17 of the
Municipal Code and Zoning Map No. 102 -30
to change the zoning from R -S -10A
(Residential Suburban 10 acre minimum) to
C -O (Professional and Administrative Office).
Bakersfield, California, March 30, 2005 — Page 19 5 8 9
12. HEARINGS continued ACTION TAKEN
Item 12.b. continued
Ordinance approving the appeal changing FR
zoning from R -S -10A (Residential Suburban
10 Acre Minium) to C -O /PCD (Professional
and Administrative Office /Planned
Commercial Development
Staff comments and overhead presentation by
Development Services Grady.
Hearing opened at 8:01 p.m.
Fred Porter, Porter- Robertson Engineering, on
behalf of David Wilson, spoke in opposition to the
staff recommendation.
Howard Smith, Debbie Smith, Lorita Lowe,
Shannon Lowe, Bruce Greenway and Jocelyn
Greenway spoke in support of the staff
recommendation.
Hearing closed at 8:14 p.m.
Motion by Councilmember Couch to grant the General APPROVED
Amendment and approve the zoning as a PCD.
C. General Plan Amendment/Zone Change No. 04-
1328; Jim Childress, on behalf of Tabitha House has
proposed a general plan amendment and zone
change on 55 acres located at the northeast corner
of East Planz Road and Cottonwood Road.
Resolution approving the Negative RES 077 -05
Declaration and adopting the general plan
amendment to change the land use element
from SI (Service Industrial) to LMR (Low
Medium Density Residential).
First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124 -09 from M -2 (General
Manufacturing) to R -2 (Limited Multiple -
Family Dwelling).
Staff comments by Development Services Director
Grady.
Hearing opened at 8:27 p.m.
50.0
Bakersfield, California, March 30, 2005 —Page 20
12. HEARINGS continued ACTION TAKEN
Item 12.c. continued
No one spoke.
Hearing closed at 8:28 p.m.
Motion by Councilmember Carson to adopt the General APPROVED
Plan AmendmenVZone Change and give first reading to
the Ordinance.
d. General Plan Amendment/Zone Change 04 -1337;
SmithTech /USA Inc., on behalf of Joel Frick, et al,
has appealed the Planning Commission's decision
denying their proposal for a general plan
amendment and zone change on 94 acres located
along the south side of Panama Lane 2,000 feet
east of South Union Avenue and 1,680 feet west of
Cottonwood Road.
Resolution approving the Negative
Declaration, denying the applicant's general
plan amendment request and adopting the
Planning Commission recommended general
plan amendment to change the land use
designations from R -IA (Resource- Intensive
Agriculture) to LR (Low Density Residential)
on approximately 65 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124 -29 from A (Exclusive Agriculture)
to R -1 (One Family Dwelling).
City Clerk McCarthy announced correspondence
was received from Roger Smith, on behalf of
SmithTech USA, requesting the item be continued
to the June General Plan Cycle.
Staff comments by Development Services Director
Grady.
Motion by Councilmember Carson to defer the issue to APPROVED
the June General Plan Cycle.
e. Continued Public Hearing to consider Max P.
Bacerra and Associates, on behalf of Rogelio
Tolentino, proposal of General Plan
Amendment/Zone Change 03 -1345 on 18.64 acres
located along the northeast corner of Old Farm
Road (extended) and Noriega Road.
Bakersfield, California, March 30, 2005 — Page 21
12. HEARINGS continued ACTION TAKEN
Item 12.e. continued
Resolution approving the Negative RES 078-05
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 five acres.
2. First Reading of Ordinance approving the FR
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 13.54 acres
and to C -2 (Regional Commercial) on five
acres.
City Clerk McCarthy announced correspondence
was received from Development Services
Director Grady requesting the recommendation be
amended to read, "adopt the Resolution, give First
Reading to the Ordinance with zoning modification
to C1 and the addition of three conditions."
Staff comments by Development Services Director
Grady.
Hearing opened at 8:33 p.m.
Max Bacerra, on behalf of the Tolentino family, and
Nona Tolentino spoke in favor of the staff
recommendation.
Hearing closed at 8:36 p.m.
Motion by Councilmember Couch to approve the APPROVED
amended recommendation.
592
12.
13.
Bakersfield, California, March 30, 2005 — Page 22
HEARINGS continued
General Plan Amendment 04 -0838; the City has
proposed a General Plan Amendment on a single
lot located at 1909 Maple Avenue. (formerly item
11.a.)
Resolution approving the Notice of
Exemption and denying the general plan
amendment from LR (Low Density
Residential) to HMR (High Medium
Residential).
Staff comments by Development Services Director
Grady.
Hearing opened at 8:39 p.m.
William Curtis and Nick Negette spoke in favor of
the staff recommendation.
Hearing closed at 8:46 p.m.
Councilmember Benham requested staff prepare
recommendations aimed at resolving differences
created by opposing zoning and General Plan
Amendment designations and present them to the
Planning and Development Committee.
Motion by Councilmember Benham to adopt the
Resolution denying the General Plan Amendment.
Recess taken from 8:49 to 8:56 p.m.
REPORTS
a. Oral Report on Bulky Waste Collection Pilot
Program.
City Manager Tandy and Public Works Director
Rojas made comments and introduced Solid Waste
Director Kevin Barnes who gave the staff
presentation.
Mayor Hall confirmed the next bulky item collection
day will be April 9.
Motion by Vice -Mayor Maggard to accept the report.
ACTION TAKEN
RES 079-05
APPROVED
APPROVED
13.
Bakersfield, California, March 30, 2005 — Page 23
REPORTS continued ACTION TAKEN
b. Community Services Committee Report:
Close Beale Park Pool permanently and
construct a wet playground at Beale Park.
2. Appropriate $365,000.00 Park Improvement
Fund balance to the Capital
Improvement Budget for construction of a
wet playground at Beale Park.
3. Resolution determining that the wet play RES 074 -05
equipment for Beale Park cannot be
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $100,000.00.
Councilmember Benham requested Interim
Recreation and Parks Director Christensen make
staff comments. Interim Recreation and Parks
Director Christensen complied.
Motion by Councilmember Benham to approve the APPROVED
Resolution closing the pool, construct a wet
playground and appropriate funds for that purpose.
C. Report on status of graffiti efforts.
Staff comments and presentation by Chief Rector.
Public Works Director Rojas made staff comments
and introduced Public Works Operations Manager
Underwood who provided a computer presentation
regarding graffiti abatement efforts.
City Attorney Gennaro made comments regarding
the role of a community prosecutor and gave notice
of staffs intent to enforce the Municipal Code's
authority to recover costs incurred by the City
from those responsible for graffiti, or their
parents /guardians and other quality of life crimes.
15. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff respond to
correspondence received from Bob Campbell and
contact Mr. Campbell regarding a parking
problem at le and Eye Streets.
593
594
Bakersfield, California, March 30, 2005 - Page 24
13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN
Councilmember Benham requested the City Attorney
draft a form letter outlining the City's process,
position and history regarding the Northeast Trails Plan
and the General Holdings fencing issue and post the
letter on the website in addition to providing the letter
to citizens inquiring or sending correspondence
regarding the issue.
Councilmember Benham requested staff review an
article from the Los Angeles Times regarding walkable
communities, focusing on the City of Fontana, contact
Fontana City staff and developer Randall Lewis to
solicit ideas to encourage walkable communities
in Bakersfield, particularly the 'Safe Routes to School
Program%
Councilmember Benham requested staff provide an
update regarding long range plans for a new
retention basin and the feasibility of shortening that
time -line.
Councilmember Benham requested staff provide new
signage directing motorists to the newly relocated
Convention and Visitors Bureau and provide her
with an update regarding the issue.
Councilmember Benham requested staff assistance in
responding to a citizen of the Quailwood area
regarding updating of park equipment.
Councilmember Benham provided an update regarding
the installation of a
fountain,
sculpture
and
commemorative
materials at
the
Veteran's
Memorial Plaza at
Truxtun and S
Street by
the Kern
Veterans Memorial
Committee,
provide
updated
material to Council
and post the information
on the
website.
Councilmember Hanson requested information regarding
sale of recyclable materials. Kevin Barnes, Solid
Waste Director responded.
Councilmember Hanson requested staff contact GET to
request the bus stop at White Ln. and Buena Vista
be relocated due to traffic difficulties generated by
the drop off location at Stockdale High School.
Councilmember Hanson requested staff investigate a
complaint from Mr. Kurtz regarding barking dogs.
595
Bakersfield, California, March 30, 2005 — Page 25
13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN
Councilmember Sullivan requested an update
regarding the start of the resurfacing work on White
Lane from Wfble to Dovewood.
Councilmember Sullivan requested staff provide a date
for the start of work extending Akers Rd. to Pacheco.
Additionally she would like an update on installation of
traffic arrows on White Ln. and Akers Rd.
Councilmember Sullivan requested staff abate graffiti
in Stonecreek Park.
Councilmember Sullivan requested staff contact
Caltrans to request abatement of graffiti at the ramp
from Ming to Hwy. 99 north.
Councilmember Sullivan commented regarding an event
at the McMurtrey Aquatics Center.
Councilmember Sullivan thanked the Mayor for mentioning
the graffiti forum next Tuesday and invited the community.
Councilmember Couch thanked the Mayor for his highway
cleanup and Hwy. 99 beautification programs and solicited
the Mayor's help in obtaining off ramp beautification
from Caltrans.
Councilmember Couch complimented staff on dedicated
service to the community.
Councilmember Scrivner complimented staff on the graffiti
presentation and is anticipating the positive effect the
community prosecutor will have in the battle against graffiti.
Councilmember Scrivner congratulated Assistant City
Manager Stinson on twenty years of service with the City.
Vice -Mayor Maggard requested staff abate graffiti on a
bike underpass and provided information regarding the
location.
Vice -Mayor Maggard requested further information
regarding the Grand Canal Project. Development Services
Director Grady responded.
Vice -Mayor Maggard requested an update regarding
asphalt application. Public Works Director Rojas
responded.
596
Bakersfield, California, March 30, 2005 - Page 26
13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN
Vice -Mayor Maggard requested staff recommend at the
next Planning and Development Committee ways to
clarify and strengthen the Hillside Ordinance.
Vice -Mayor Maggard requested community support for
Foothill High School graduate Michael Green's family
members in their endeavor to join him in Washington
D.C., as he recovers from injuries suffered in Iraq, at Walter
Reed Army Hospital.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:33 p.m.
- A/, , A - - - _
M Y R of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Cl#tk of
the Council of the City of Bakersfield