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HomeMy WebLinkAbout05/11/05 CC MINUTES 629 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 ... -.-..,.., ~. ...' -,_..~~----- .._~~_.._.~.~. "-_"'"'_"_'--'=~-'- ",.""'-,...._..._-,."._~.~,..~_.~,----- .,.-....-. -,-~" ó30 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. """"'___'__V" m_"~",_,,·m.. ....~_.,~_. -~.__._,--_._-------~~._-- ~"-- .._~.,._. -,~--- 632 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. --"~.. -., _._-~.".- ACTiON TAKEN ORD 4255 RES 096-05 RES 097-05 AGR 05-165 RES 098-05 -._-- 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. ><.~..~~.,... ._~~"_""_'___._"'''_'._'_·._'_~_'''.___'__'''_"_d___'"",~.,-,,,_,,,,,,--,_~_---,,"~.._ ·_.~___·,··u,,~ ö34 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. -.,-,-.- -.--.....----'.-.---'---.-,-.,,- 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. _.---_.__.,.~_.,-_._.~. .-.-.-......--. _.~._"..,_...,,---,.........- -------------...- ACTiON TAKEN APPROVED RES 100-05 APPROVED APPROVED -.--',"-- 636 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. ---- -~-_._--------'"~._-_._.". 637 ACTION TAKEN --"---....-.~;.. 638 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). ~._-- 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 ~-"-'»"' '.'-'"""'---~'-""--""'----'~-'-~~--"~.~_."' --~.- ..~,~ '"._"--'~~ 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. -".._.".~ -~--_'-.'_'."=. 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. , ".,~.--.-,._,.~ ~-_.._---~~-'-_._~._"-- -,-"~-_.,- .--.,....----.-- 642 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. 643 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 '_.__...~~_..._._.,. ,'._"_"_r·..'·_· _._._~--- .~.~. ,,'_.._"--'._-"~ t,44 ****THIS PAGE INTENTIONALLY LEFT Bt.ANK***