HomeMy WebLinkAbout05/11/05 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 11, 2005
Council Chambers, City Hail, 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. Vice-Mayor Maggard
Councilmembers Carson, Benham. Couch.
Hanson. Sullivan (seated at 5:25 p.m.).
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOP
a. Presentation of the Proposed FY 2005-06 Budget.
City Manager Tandy gave a presentation and
overview of the proposed FY 2005-06 Budget.
Assistant City Manager Stinson and Assistant to the
City Manager Haynes made General Fund Budget
and Capital Improvement Budget presentations.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
case).
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:56 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m.
APPROVED
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Bakersfield, California, May 11, 2005 - Page 2
RECONVENED MEETING - 6:40 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Randy Elliott, Central Church.
7. PLEDGE OF ALLEGIANCE by Rocky Morea, ath Grade
Student at Tevis Junior High School.
8. CLOSED SESSiON ACTiON
a.
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
case).
Mayor Hall recognized Ridgeview High School
students in attendance at the meeting.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Fred
Drew, Executive Director, Community Action
Partnership of Kern, proclaiming May, 2005, as
Community Action Partnership of Kern Month.
Mr. Drew accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to Raul
Rojas, City Public Works Director, proclaiming May
15 through 21, 2005, as "National Public Works
Week".
Public Works Director Rojas accepted the
Proclamation and made comments.
c. Presentation by Mayor Hall of Proclamation to Nona
Tolentino, Director, Kern County Long Term Care
Ombudsman Program, proclaiming May 11, 2005,
as "Older Americans Day".
Ms. Tolentino accepted the Proclamation made
comments and submitted materials.
ACTION TAKEN
NO REPORTABLE
ACTION
Bakersfield, California, May 11, 2005 - Page 3 631
10. PUBLIC STATEMENTS ACTION TAKEN
a. Louis Cox, Operations Manager for Hall Ambulance
Service, spoke regarding EMS Week.
b. Mike Popovich, Michael Jordan and Betty
Coppersmith spoke regarding the Leadership
Bakersfield Project.
c. James Van Meter spoke regarding wheelchair
accessibility issues in the City.
Vice-Mayor Maggard requested staff investIgate Mr.
Van Meter's allegations, provide direction to
appropriate agencies, and report back to Council.
d. Vernon Lawson spoke regarding the parking
Ordinance.
e. Gordon Nipp, Chairperson Kern County Air Pollution
Mitigation Committee, introduced Tim Little,
Executive Director of the Rose Foundation for
Communities and the Environment and Trustee of
the Kern County Air Pollution Mitigation Fund, spoke
regarding the Fund and provided handouts.
Assistant City Clerk Gafford announced there are
33 requests to speak in favor of the changes to the
current Hillside Development Ordinance and 5 in
opposition.
f. Tom Fallgatter, Douglas Boyd, Jay Rosenlieb,
Roger Mcintosh, Dave Dmohowski and Cassie
Daniel spoke in opposition of proposed changes to
the current Hillside Development Ordinance.
g. Robert Laramee, Robert Wallace, Earl Norcross,
Jim McWhorter, Rocky Harris, John Rous, Tim
Strem, Arthur Unger, Joanne Silva Newberry and
Paul Newberry spoke in support of proposed
changes to the current Hillside Development
Ordinance.
11. APPOiNTMENTS
a. One (1) appointment to the Historic Preservation
Commission, due to the expiration of term of Ann
Sullivan, term expired March 30, 2005.
Motion by Councilmember Carson to reappoint Ann APPROVED
Sullivan to a four year term.
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Bakersfield, California, May 11, 2005 - Page 4
12.
CONSENT CALENDAR continued
Minutes:
a. Approval of minutes of the April 27, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from April 15,
2005 to April 28, 2005 in the amount of
$7,442,228.93 and self insurance payments from
April 15, 2005 to April 28, 2005 in the amount of
$113,247.00.
Ordinances:
c.
Adoption of Ordinance upholding the decision of the
Planning Commission, denying the appeal by the
Sierra Club, adopting the Negative Declaration and
amending Title 17 of the Municipal Code (Zone Map
No. 104-08) by changing the zoning from A
(Agriculture) and R-S 2.5A (Rural Suburban - 2.5
acre) to R-1 (One Family Dwelling) on 120;!: acres
generally located north of Paladino Drive, east of
Valley Lane. (ZC04-1712)
Resolutions:
d.
Resolution preliminarily approving Engineer's
Report, setting date for public hearing of protests for
Assessment District No. 04-2 (Brighton
Parks/Brighton Village/Stockdale at
Allen Commercial/Cherry Hill II).
e. Sewer Connection Fee Assessments:
f.
Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
Agreement with Victor G. and Marcia K.
Swedblom, 4924 Centaur Street, to pay
sewer connection fee in installments and
notice of special assessment lien.
Resolution authorizing the execution of a standard
agreement or other documents to secure a Fair
Housing Education and Outreach Initiative grant
from the U. S. Department of Housing and Urban
Development.
1.
2.
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ACTiON TAKEN
ORD 4255
RES 096-05
RES 097-05
AGR 05-165
RES 098-05
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Bakersfield, California, May 11, 2005 - Page 5 633
12. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution for Annexation application proposing RES 099-05
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 493,
consisting of approximately 2.5 square miles located
west of Allen Road, south of the Kern River and
north of the Southern Pacific Railroad tracks
(known as West Ming Development Area).
Resolution adopting the 2004-2025 Regional REMOVED FOR
h. SEPARA TE
Transportation Facilities List and Fee Schedule. CONSIDERA TION
Agreements:
i. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 05-166
with ADH Corporation for Tract 6232 AGR 05-167
Phase 2 located south of State Route 58 and
east of Oswell Street.
2. Final Map and Improvement Agreements AGR 05-168
with J & L Gardiner, LLC, and Bradford & AGR 05-169
Sons Construction, Inc for Tract 6234 AGR 05-170
Phases 2 and 5 located south of Reina Road
and west of Old Farm Road.
3. Final Map and Improvement Agreements AGR 05-171
with Bakersfield Chardonnay, L.P. for Tract AGR 05-172
6170 Phase 1 located south of Ryzona Drive
and west of Stine Road.
4. Final Map and Improvement Agreements AGR 05-173
with Panama 144 1, LLC, and Village AGR 05-174
Contractors, Inc for Tract 6006 Phase 4
located north of McKee Road and east of
Hughes Lane.
j. Consent to Common Use Agreement with Pacific AGR 05·175
Bell Telephone Company for an easement within
Oswell Street.
k. Agreement with County of Kern allowing the County AGR 05-176
to raise City sewer manhole frame and covers to
street grade as part of their road construction project
on Oswell Street and Mt. Vernon Avenue.
I. Transportation Impact Fee Agreement with AGR 05-177
Stonecreek Partners, Inc. (Estimated Impact
Fee Credit - $70,308.00) for Tract 6227 located on
Stine Road near the intersection of McKee Road.
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Bakersfield, California, May 11, 2005 - Page 6
12. CONSENT CALENDAR continued ACTiON TAKEN
m. Reimbursement Agreement with C & C Properties, AGR 05-178
Inc., ($95,790.00) for reconstruction of a portion of
Coffee Road north of Meany Avenue.
Agreement with Castle & Cooke California, Inc. AGR 05-179
n. DEED 6223
($4,050,000.00) to purchase real property located
east of Allen Road for the Westside Parkway.
o. Exchange of real property with Rosedale Rio Bravo AGR 05-181
Water Storage District for the Westside Parkway DEED 6222
located east and west of Allen Road, north of DEED 6222(A)
Stockdale Highway. DEED 6222(B)
p. Amendment NO.1 to Agreement No. 02-218 with AGR 02-218(1)
Century Building Associates, LLC for lease space at
1600 Truxtun Avenue.
q. Amendment NO.1 to Agreement No. PW04-124 with AGR 05-180
Boyle Engineering Corporation ($60,000.00, for a
total amount of $80,000.00) for preparation of
documentation for formation of interim maintenance
districts.
r. Amendment NO.7 to Agreement No. 92-154 with AGR 92-154(7)
Alan Tandy, City Manager.
Bids:
s. Accept base bid ($1,224,302.80), additive alternate AGR 05-182
#1 ($198,434.20) and additive alternate #2
($200,125.90) to award contract to Granite
Construction ($1,622,862.90) for resurfacing
of various streets 2004/05.
t. Accept bid to award contract to Granite Construction AGR 05-183
($230,537.00) for Panorama Drive street
improvements.
u. Accept base bid ($81,948.35) and additive alternate AGR 05-184
bid ($20,391.00) to award contract to Valley Tree &
Construction ($102,339.35) for demolition of
Saunders and Beale Pools.
v. Accept bid to award annual contract to Alon Asphalt AGR 05-185
Bakersfield (not to exceed $450,000.00) to furnish
asphalt rejuvenator sealant for various City streets.
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Bakersfield, California, May 11, 2005 - Page 7
635
12.
CONSENT CALENDAR continued
Miscellaneous:
w. Transfer and appropriate $150,000.00 General
Fund non-departmental operating budget savings to
the Equipment Management Fund to purchase
graffiti truck.
X. Review of Hillside Development Ordinance.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 11.a. through 11.w., with the removal of
items 11.h. and 11.x. for separate consideration.
h.
Resolution adopting the 2004-2025 Regional
Transportation Facilities List and Fee Schedule.
Councilmember Couch requested staff update the list
and apprise Council of changes.
Motion by Councilmember Couch to adopt the
Resolution.
X. Review of Hillside Development Ordinance.
Motion by Councilmember Benham to approve the
recommendation; once the Planning CommissIon
conducts hearings on the matter, to proceed
through the Planning and Development Committee; and
then back to Council for determination.
Vice-Mayor Maggard asked for the record if City
Manager Tandy supported the motion to forward the
issue to the Planning Commission, then on to the
Planning and Development Committee and additionally
to publish the notice immediately. City Manager Tandy
affirmed that he agreed with the motion. Vice-Mayor
Maggard asked Development Services Director Grady
and City Attorney to state their opinions on the matter.
Mr. Grady and Ms. Gennaro concurred the motion a
good idea.
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ACTiON TAKEN
APPROVED
RES 100-05
APPROVED
APPROVED
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Bakersfield, California, May 11, 2005 - Page 8
12.
CONSENT CALENDAR continued
Vice-Mayor Maggard asked Planning Director Jim
Movius if the County has an Ordinance regarding the
development of hillsides. Mr. Movius responded:
· The County does have such an OrdInance
applying to areas of 30% or greater slopes,
similar to the City proposed Ordinance.
· It is not a Health and Safety Ordinance such as
the City cu"ently has on the books.
· The County Ordinance has protection for
steeper slopes.
· The County cut-off is 60% slopes.
· The County does not address the set-back
issue.
· The County has criteria prohibiting cuts sixteen
feet high.
· The City draft does not have the sixteen foot cut
provision.
· The County Ordinance is stricter than the City's
proposed Ordinance in that area.
Vice-Mayor Maggard noted this element would not
drive prospective development into the County. Mr.
Movius responded the County Ordinance is more
restrictive in some areas and less restrictive than
the proposed City OrdInance in other areas. Vlce-
Mayor Maggard noted General Holdings has
reducing the number of homes to be developed by
20%. Vice-Mayor Maggard asked Mr. Movius to
outline how developers from the Santa
Clarita/Valencia area might view the proposed
restrictions.
· Mr. Movius responded the City's consultant had
looked at this from the perspective of Santa
Clarita and Los Angeles County.
· In that area slope densIty analysis utilizes
computer software that will average the slope of
an entire site and comes up with a figure for the
density of the project based on zoning.
· The conclusion based on zonIng for Santa
Clarita or Los Angeles environment hillsides the
yield off the property would be a little less than
SOO units.
ACTION TAKEN
Bakersfield, California, May 11, 2005 - Page 9
12.
CONSENT CALENDAR continued
Vice-Mayor Maggard noted this number is
significantly less than half of what was initially
proposed and that it is likely seventy-five to eighty
percent of what was originally proposed would be
granted. This excludes additional lots if a density
bonus is allowed, possibly in the interior of the
development. Vice-Mayor Maggard asked Mr.
Movius to affirm this is correct. Mr. Movius affirmed
the statement is correct.
Vice-Mayor Maggard stated he wished to make it
clear the economic viability of the project, or any
other project in the northeast, is not being removed.
However, it is the intent of the City to protect the
natural beauty of the area. He state if a developer
chooses to leave an area undeveloped they would
be compensated and asked Mr. Movius to explain.
Mr. Movius responded:
. Consideration could be made for space left open
by granting higher density on the interior of the
project, a density transfer.
. The object would be to protect the edge of the
projects from the public view sheds and provide
a nice community around the edge.
Vice-Mayor Maggard asked about trading setbacks
and ravines for a credit against a park fee. Mr.
Movius responded developers get a credit for any
parks and trails provided. If it is merely unusable
open land, there is no credit forthcoming.
Vice-Maggard reiterated he supports private
property rights.
Recess taken from 8:57 p.m. to 9:07 p.m.
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ACTION TAKEN
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Bakersfield, California, May 11, 2005 - Page 10
13.
CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 04-
1550; Mcintosh and Associates, on behalf of Castle
and Cooke California, has proposed a general plan
amendment and zone change to delete a previous
condition of approval that required an equestrian
trail between Allen Road and the Kern River along
Goose Lake Slough.
1.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment deleting the condition of
approval requiring and equestrian trail.
First Reading of Ordinance approving the
Notice of Exemption and amending Title
17 of the Municipal Code deleting a condition
of approval which required an equestrian
trail.
2.
b. General Plan Amendment 04-1738; Signal Hill
Petroleum, Inc. has applied for a general plan
amendment on 29.5 acres located along the south
side of Paladino Drive approximately 14 mile west of
Morning Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use
designation from HMR (High Medium
Density Residential) to LMR (Low Medium
Density Residential).
c. General Plan Amendment/Zone Change No. 04-
1745; Cornerstone Engineering, on behalf of Myrna
Parks, has proposed a general plan amendment
and zone change on 30 acres located along the
north side of Pensinger Road approximately 1,980
feet west of Buena Vista Road and approximately
1,980 feet east of Allen Road (extended).
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use
designations from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
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ACTION TAKEN
RES 101-05
FR
RES 102-05
RES 103-05
Bakersfield, California, May 11, 2005 - Page 11
639
13.
CONSENT CALENDAR HEARINGS continued
Item 13.c. continued
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 122-24 from A-20A (Agriculture-20
acre minimum) to LR (Low Density
Residential).
d. General Plan Amendment 04-1747; Jerry
Hendrecks Engineer, representing Aera Energy
LLC, property owner, has applied for a general plan
amendment on 15 acres, located south of Paladino
Drive, generally east of Morning Drive.
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).
Motion by VIce-Mayor Maggard to approve Consent
Calendar Hearings 13.a. through 13.d.
14. HEARINGS
a. Continued Public Hearing to consider resolution
denying the appeal by the Sierra Club of the
Planning Commission's decision approving Vesting
Tentative Tract 6363 and the Negative Declaration,
located on the north side of Harris Road,
approximately Y. mile east of Old River Road.
(Engineer: SmithTech USA Inc/Subdivider: Lennar
Homes)
Correspondence was received from SmithTech,
USA, on behalf of Lennar Homes, requesting this
item be =ntinued to the June 8, 2005 meeting.
Staff comments by Development Services Director
Grady.
Motion by Councilmember Hanson to continue the
hearing to June 8, 2005.
ACTION TAKEN
FR
RES 104-05
APPROVED
APPROVED
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Bakersfield, California, May 11, 2005 - Page 12
ACTION TAKEN
640
14.
HEARINGS continued
b. General Plan Amendment/Zone Change No. 03-
340; Dr. Gordon Nipp, on behalf of the Sierra Club,
has appealed the Planning Commission's decision
to adopt the Negative Declaration for proposed
general plan amendment and zone change on 70
acres located on the east side of Kern Canyon
Road at Vineland Drive (extended). (Applicant:
Pinnacle Engineering, on behalf of CRT Land
Company, Inc.)
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use element
on 70 acres from OS (Open Space), LMR
(Low Medium Density Residential), GC
(General Commercial) and R-EA
(Resource-Extensive Agriculture) 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.1 04-20 from RH (Residential
Reserve) to R-1 (One Family Dwelling).
Staff comments by Development Services Director
Grady.
Hearing opened at 9:23 p.m.
Gordon Nipp and Harry Love from the Sierra Club
spoke in opposition to the staff recommendation and
provided a letter.
Hearing closed at 9:33 p.m.
Vice-Mayor Maggard requested staff look into
preparing a traffic plan for Highway 184.
Motion by Vice-Mayor Maggard to approve the
Resolution and give first readIng to the Ordinance.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham provided a letter from Mr.
Amos to staff regarding parking problems of a
homeowners association in the Dunsmuir area and
requested staff contact the president of the
homeowners association to assist in resolvIng the
issue.
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RES 105-05
FR
APPROVED
Bakersfield, California, May 11, 2005 - Page 13
641
15.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Benham provided a letter regarding
employment issues at the Bakersfield Ice Sports Center
and requested staff investigate the situation and report
back to her.
Councilmember Benham requested the City Clerk's
staff be sure communication in that office is clear in
order to provide correct information to the public.
Councilmember Carson provided information regarding
a community meeting tomorrow evening, May 12, 2005,
at the Martin Luther King, Jr. Center at 7:00 p.m. on the
subject of development in the southeast area of the City.
Speakers will include developers and City EDCD staff.
Councilmember Hanson announced he had received a
thank you letter from Michael Rhine, a local attorney,
complimenting staff and particularly Public Works Director
Rojas.
Council member Hanson requested information regarding
reserve accounts to meet unforeseen financial needs.
City Manager Tandy responded.
Councilmember Hanson requested Police provide
additional patrol on Ming Avenue between Valley
Plaza and Old River Road, particularly on Saturday
evenings.
Councilmember Hanson provided an email from
Michael Monji and requested staff respond.
Councilmember Sullivan requested staff investigate a
vacant home with stagnant water in the pool at 3700
Sue Lin Way and assure the problem is resolved.
Councilmember Sullivan requested potholes at
Cheshire south of Ming before Ashe Road be
repaired.
Councilmember Sullivan requested Real Road be
resurfaced in both directions where Freeway 58 ends;
additionally fill potholes in the area until it can be
resurfaced.
Councilmember Sullivan requested four dead bushes at
the sump on Acres Road south of White Lane be
replaced.
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Bakersfield, California, May 11, 2005 - Page 14
15.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan noted graffiti abatement
efforts are resulting in less graffiti.
Councilmember Sullivan complimented Mayor Hall's
bumper sticker.
Councilmember Sullivan requested staff investigate
whether addItional art is needed on the water tower on
Lake Truxtun.
Councilmember Couch requested a PlannIng staff
member meet with him for a half hour on Monday.
Councilmember Couch announced a Safe Roads Measures
Workshops will be held May 12, 2005 at Centennial High
School.
Councilmember Scrivner thanked staff for work done on
referrals and particularly on the Hillside Ordinance.
Vice-Mayor Maggard thanked staff and fellow
Councilmembers for work on the Hillside Ordinance.
Vice-Mayor Maggard announced the 2nd Annual Healing
Field Event will be held May 29, 2005, at Liberty Park
between 4:00 and 7:00 p.m.
Vice-Mayor Maggard requested staff confirm whether
or not the power lines along 'f'h Standard Road are
not in use; if the lines are not active, Investigate
removal and other ways to protect PG&E's right of way.
Vice-Mayor Maggard requested staff investigate
installing a temporary cement barrier at Hwy. 178 and
Fairfax to separate the eastbound traffic from the
westbound traffic.
Vice-Mayor Maggard requested staff contact GET
regarding placement of bus stops in the Bakersfield
College area for the handicapped and requested staff
coordinate the effort to not move stops further away
from the school.
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Bakersfield, California, May 11, 2005 - Page 15
16.
ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the meeting at 10:05 p.m.
ATTEST:
-~
CITY CLERK and Ex Offici lerk of
the Council of the City of Bake sfield
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