HomeMy WebLinkAbout09/07/05 CC MINUTES
69
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 7, 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, Vice-Mayor Maggard
Council members Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:26), Scrivner
Absent:
None.
Motion by Vice-Mayor Maggard to add an item that
arose aher the agenda posting to authorize the Finance
Director to dispense with formal bidding requirements
regarding oil, gas, asphalt, cement and other oil or
construction related materials needed for normal
operations of the City for the remainder of the 2005-06
fiscal year as Consent Calendar item 12.11.
APPROVED
AB SULLIVAN
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Report on Federal Transportation Projects (Project
787).
City Manager Tandy provided an overview of
funding and provided written material.
Public Works Director Rojas gave an overview
outlining the actual projects.
70
Bakersfield, California, September 7, 2005 - Page 2
ACTION TAKEN
3. WORKSHOPS
Item 3.a. continued
Vice-Mayor Maggard requested clarification regarding
the following:
· Will westbound Hwy. 178 approaching Union
Avenue connect to the south along the
Centennial Co"idor, through downtown, under
Hwy. 99 around the pistol range, run north of the
River where the railroad tracks cross Truxtun
and go in the direction of Cal State; additionally
a similar connection will run north from the
Golden State off ramp and connect to Hwy. 99
· What will the ramifications be should the ~ cent
sales measure not pass
· When will a staffing requirements be finalized
and presented to Council
· Is it feasible to have a project manager for each
project to facilitate simultaneous on a projects
· Will a project time-line be established with a
completion date set at the outset for each
project
· Will monthly updates regarding project(s)
progress be provided
· Will monies be forfeited if deadlines are not met
Councilmember Maggard requested a workshop
regarding consequences of failure should passage of
the ~ cent sales tax measure not take place.
Councilmember Scrivner requested that in addition to
responding to Vice-Mayor Maggard's questions staff
address the issue of the rising cost of materials being
inflated by recent events in the country and world.
4. CLOSED SESSION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 - Michael
L. Kephart, etc. v. City, et al.
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 6:08: p.m.
APPROVED
APPROVED
Motion by Councilmember Hanson to adjourn from
Closed Session at 6:28 p.m.
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Bakersfield, California, September 7,2005 - Page 3
71
RECONVENED MEETING - 6:45p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Charles Lack, Vessels of Honor.
7. PLEDGE OF ALLEGIANCE by Alexandra Cody, 6th Grade
Student at Our Lady of Perpetual Help.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. Michael
L. Kephart, etc. v. City, et al.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Henry Lowenstein, 1st Vice-President of
the Board, Fox Foundation, proclaiming September
7, 2005, Fox Theater Day.
Mr. Lowenstein accepted the Proclamation on
behalf of the Fox Foundation Board of Directors and
made comments.
b. Presentation by Mayor Hall of Proclamation to KC
the Bull and a member of the Kern County Fair
Board of Directors, proclaiming September 21 -
October 2, 2005, Kern County Fair Days.
Bill Blair, CEO of the Kern County Fair accepted the
Proclamation and made comments.
10. PUBLIC STATEMENTS
a. Stuart Gentry spoke regarding the General Fund
and the proposed Y2 cent sales tax.
b. Joe Sprenger spoke regarding civic responsibility.
',-.'--"-." ..---~
ACTION TAKEN
NO REPORTABLE
ACTION
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Bakersfield, California, September 7, 2005 - Page 4
11.
APPOINTMENTS
a. One (1) appointment to the Planning Commission,
due to the expiration of term of David Gay, term
expired April 30. 2005.
Motion by Vice-Mayor Maggard to approve Russell
Johnson as the Ward 3 appointee to the Planning
Commission, term expiring April 30, 2009
Mayor Hall recognized Russell Johnson.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 17, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from August 5,
2005 to August 25, 2005 in the amount of
$11,694,730.09 and self insurance payments from
August 5, 2005 to August 25, 2005 in the amount of
$180,969.87.
Ordinances:
c.
Adoption of Ordinance approving a negative
declaration and amending Section 17.06.020 (Zone
Map NO.1 04-17) of the Municipal Code changing
the zoning from R-1 (One Family Dwelling) zone to
PUD (Planned Unit Development) zone on 100.16
acres located on the southwest corner of Panorama
Drive and Masterson Street. (File 05-0298)
d.
Adoption of Ordinance approving the Negative
Declaration and approving an amendment to
Title 17 of the Municipal Code and Zoning Map 124-
49 from A (Agriculture) to E (1 acre minimum) on 33
acres and from R-S (Residential Suburban) and E
(Estate One Family Dwelling) to R-1 (One Family
Dwelling) on 67 acres located on the east side of S.
Union Avenue, north and south of E. Berkshire
Road, for which annexation into the City is
proposed. (Project Design Consultants, representing
Lenox Homes, property owner) (GPNZC 04-1570)
......,-«--
ACTION TAKEN
APPROVED
ORD 4264
ORD 4265
Bakersfield, California, September 7, 2005 - Page 5 73
12. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance approving the Negative ORD 4266
Declaration and amending Title 17 of the Municipal
Code and Zoning Map NO.1 01-01 from A
(Agriculture) to R-1 (One Family Dwelling) zone on
17 acres, located along the north side of E.
Berkshire Road, generally east of S. Union Avenue.
(SmithTech/USA. representing Jean Ollivier, et ai,
property owner) (GPA/ZC 04-1763)
f. Adoption of Ordinance approving the Negative ORD 4267
Declaration and amending Title 17 of the
Municipal Code and Zoning Map 102-06 from A
(Agriculture) to R-1 (One Family Dwelling)
on 80.24 acres located at the southeast corner of
Seventh Standard Road and Jewetta Avenue
(future). (SmithTech/USA, representing Michel
Etcheverry, property owner) (GPA/ZC 04-1766)
g. Adoption of Ordinance approving the Negative ORD 4268
Declaration and approving the request to amend
Title 17 of the Municipal Code from R-3 (Limited
Multiple Family Residential) on 10.17 acres and R-
3-MH (Limited Multiple Family Residential-Mobile
Home) to R-1 (One Family Dwelling) on 1.82 acres
located on the south side of Panorama Drive,
approximately 1/2 mile east of Fairfax Road. (The
Keith Companies, representing Panorama
Highlands Development) (GPA/ZC 05-0535)
h. Adoption of Ordinance approving the Negative ORD 4269
Declaration and amendment to Title 17 of the
Municipal Code and Zoning Map 123-30 from
County A (Agriculture) to R-1 (One Family Dwelling)
on 41.89 acres located on the southeast corner of
Panama Lane and Buena Vista Road.
(SmithTech/USA representing Kevin Pascoe)
(GPA/ZC 04-1764)
I. Adoption of Ordinance amending Title 17 of the ORD 4270
Municipal Code and Zoning Map 104-20 from OS
(Open Space) to R-1 (One Family Dwelling) on 2.7
acres located between State Routes 1 78 and 184,
east of Vineland Road and denying the appeal.
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Bakersfield, California, September 7, 2005 - Page 6
ACTION TAKEN
12.
CONSENT CALENDAR continued
j.
Adoption of Ordinance approving amendment to
Title 17 of the Municipal Code and Zoning
Map 104-23 from A (Agriculture) to R-1 (One Family
Dwelling) on 137.19 acres, R-1-HD (One Family
Dwelling-Hillside Development) on 465.83 acres, R-
2 (Limited Multiple Family Dwelling) on 6.51 acres,
and R-2-HD (Limited Multiple Family Dwelling-
Hillside Development) on 10.51 acres generally
bounded by Rio Bravo Country Club property on the
north, Comanche Drive to the west and
Breckenridge Road to the south. (GPA/ZC 04-0853)
Resolutions:
k. Resolutions for annexation applications proposing
proceedings for annexation of uninhabited
territory to the City, identified as:
1.
Annexation No. 473, consisting of 60.71
acres located west of Calloway Drive,
generally north of Snow Road.
Annexation No. 478, consisting of 97.35
acres located east of Calloway Drive,
generally north of Snow Road.
Annexation No. 486, consisting of 106.66
acres located north of Snow Road west of
Allen Road.
Annexation No. 487, consisting of 40.31
acres located east and west of Madison
Street, generally south of Belle Terrace.
Annexation No. 488, consisting of 16.7 acres
located west of State Route 99, south of
McKee Road.
2.
3.
4.
5.
6.
Annexation No. 489, consisting of 1.68 acres
located at the southwest corner of
Rosedale Highway and EI Toro Viejo,
between Coffee Road and Calloway Drive.
7.
Annexation No. 490, consisting of 1.9 acres
located north of Brimhall Road, generally
between Verdugo Land and Jewetta Avenue.
ORD 4271
RES 189-05
RES 190-05
RES 191-05
RES 192-05
RES 193-05
RES 194-05
RES 195-05
Bakersfield, California, September 7, 2005 - Page 7
75
12.
CONSENT CALENDAR continued
Item 12.k. continued
8.
Annexation No. 494, consisting of 83.29
acres located north of Snow Road,
generally west of Calloway Drive.
Annexation No. 509, consisting of 40.99
acres located east of Ashe Road, generally
between McCutchen Road and Taft
Highway.
9.
I.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for abatement of certain weeds,
debris and waste matter and authorize collection of
assessments by the Kern County Tax Collector.
m. Rabobank Arena Video Scoreboard:
1.
Resolution determining that screens for the
Rabobank Arena video scoreboard cannot
be obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $663,750.00.
2.
Agreement with Daktronics, Inc.
($663,750.00) to furnish and install video
cubes in the Rabobank Arena video
scoreboard.
n.
Amendment No. 13 to Resolution No. 44-93 setting
salaries and related benefits for the Temporary Unit.
o.
Resolution adding territory, Area 2-30 (Stockdale,
Renfro 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.
p.
Resolution adding territory, Area 3-36 (Hughes,
McKee SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Pubiic Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
ACTION TAKEN
RES 196-05
RES 197-05
RES 198-05
RES 199-05
AGR 05-307
RES 44-93(13)
RES 200-05
RES 201-05
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Bakersfield, California, September 7, 2005 - Page 8
12.
CONSENT CALENDAR continued
q.
Resolution adding territory, Area 3-37 (Panama,
Buena Vista NW) 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.
r.
Resolution of Intention No. 1399 to add territory,
Area 3-32 (Stine, McKee SW) to the Consolidated
Maintenance District and prelirninarily adopting,
confirrning and approving Public Works Director's
Report.
s.
Resolution of Intention No. 1400 to add territory,
Area 1-59 (Olive, Old Farm NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
t.
Resolution of Intention No. 1401 to add territory,
Area 3-38 (Panama, Wlnderrnere) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
u.
Resolution of intention No. 1402 to add territory,
Area 3-39 (Gosford, Pacheco SE) to the
Consolidated Maintenance District and prelirninarily
adopting, confirrning and approving Public Works
Director's Report.
Agreements:
V. Final Tract Maps and improvement Agreements:
1.
Final Map and Improvernent Agreements
with Lennar Homes of California Inc., for
Tract 6289 Unit 1 located north of Noriega
Road and west of Allen Road.
2.
Final Map and Improvement Agreements
with San Joaquin Deveiopment II, for Tract
6152 Phase 2 located south of McKee Road
and west of Wible Road.
3.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc., for
Tract 6250 Unit 5 iocated north of Stockdale
Highway and east of Allen Road.
ACTION TAKEN
RES 202-05
R011399
ROl1400
ROl1401
ROl1402
AGR05-308
AGR 05-309
AGR 05-310
AGR 05-311
AGR 05-312
12.
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Bakersfield, California, September 7, 2005 - Page 9
77
CONSENT CALENDAR continued
Item 12.v. continued
4.
Final Map and Improvement Agreements
with Centex Homes for Tract 6118 Unit 7,
located south of Snow Road and west of Old
Farm Road, Tract 6195 Unit 6 located south
of Snow Road and east of Allen Road, and
Tract 6349 Unit 5 located north of Panama
Lane and west of Buena Vista Road.
5.
Final Map and Improvement Agreements
with TDB Land, LLC for Tract 6230 Unit 2
located south of Rosedale Highway and west
of Froelich Street.
w.
Agreement with Bakersfield Senior Center to
purchase, from the City, surplus computer
equipment).
x.
Agreement with Launer & Associates for appraisal
services regarding proposed Assessment District
No. 05-3 (Liberty II/Village Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge).
y. Reimbursement Agreement for Sewer Construction:
Agreement with Lennar Homes of California
Inc., to construct a portion of Allen Road
Sewer trunk line and connect to lift station at
Hageman Rd., for Tentative Tract 6289.
2. Reimbursement of $260,570.75 to Lennar
Homes of California Inc., for construction
of sewer trunk line and connection to lift
station.
1.
Z. Bakersfield Museum of Art - Request for Funding:
Contribution Agreement with Bakersfield
Museum of Art ($25,000.00) for FY 05-06.
2. Transfer $25,000.00 from Council
Contingency to the Non-Departmental
budget in the General Fund.
1.
aa. Olive Drive Interchange - 5303 Olive Drive:
Agreement with Baldo V. Cisneros to
exchange real property.
2. Appropriate $75,000.00 fund balance within
the Transportation Development Fund to
move signage and replace parking spaces.
1.
ACTION TAKEN
AGR 05-313
AGR 05-314
AGR 05-315
AGR 05-316
AGR 05-317
AGR 05-318
AGR 05-319
AGR 05-320
AGR 05-321
AGR 05-322
AGR 05-323
DEED 6301
78
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Bakersfield, California, September 7, 2005 - Page 10
12. CONSENT CALENDAR continued
bb.
License Agreernent with Kern County Water Agency
for pipelines and turn-ins to the Kern River Canal.
cc.
Agreement with Kern County Water Agency for a
water supply for the City Domestic Water System.
Amendment NO.1 to Agreement No. 05-008 with
Kennedy Jenks Consultants ($125,000.00, total not
to exceed $225,000.00) for design of domestic
water system hydraulic modeling for the City
Domestic Water Systern.
dd.
ee.
Arnendment NO.2 to Agreernent No. 04-281 with
Nossarnan, et ai, LLP ($35,000.00, total not to
exceed $125,000.00) for legal and other services
regarding critical habitat designation of Buena Vista
Lake shrew.
Amendment No. 1 to Agreement No. 04-282 with
Safeway Sign Cornpany ($55,000.00, total not to
exceed $110,000.00) to extend term twelve (12)
months for traffic signs.
ff.
Bids:
Accept bid to award annual contract to L.N. Curtis
and Sons (not to exceed $80,000.00) for protective
jackets and trousers for structural firefighting.
hh. Reject all bids for Allen Road Sewer and Street
Improvement Project.
gg.
Miscellaneous:
ii. Appropriate $10,433 Transient Occupancy Tax fund
balance to the Non-Departmental operating budget
and authorize payment to the Convention and
Visitors Bureau.
jj.
Ditch Eradication and Pipeline Easement with
Pavletich Electric and Communications, Inc.,
located east of Fruitvale Highway, north of Seven
Seas Avenue.
kk.
Resolution in support of Amtrak passenger rail
service.
ACTION TAKEN
AGR 05-324
AGR 05-325
AGR05-{}08(1)
AGR 04-281(2)
AGR 04-282(1)
AGR 05-326
AGR 05-327
RES 203-05
Bakersfield, Califomia, September 7, 2005 - Page 11
79
12. CONSENT CALENDAR continued
II.
Authorize the Finance Director to dispense with
formal bidding requirements regarding oil, gas,
asphalt, cement and other oil or construction related
materials needed for normal operations of the City
for the remainder of the 2005-06 fiscal year.
Motion by Vice-Mayor Maggard to adopt Consent
Calendar items 12.a. through 12./1.
13. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change 04-1337;
SmithTech!USA Inc., on behalf of Joel Frick, et ai,
has appealed the Planning Commission's decision
denying their proposal for a general plan
amendment and zone change on 95 acres located
south of E. Panama Lane, approximately 2,000 feet
east of S. Union Avenue and approximately 1,680
feet west of Cottonwood Road.
Resolution adopting the Negative
Declaration, approving a general plan
amendment request and upholding the
appeal to change the land use designations
from R-IA (Resource-Intensive Agriculture)
to LR (Low Density Residential) on 95 acres.
First Reading of Ordinance adopting the
Negative Declaration, upholding the appeal
and approving the requested zone change
amendment to Title 17 of the Municipal
Code and Zoning Map 124-29 changing the
zoning from A (Exclusive Agriculture) to
R-1 (One Family Dwelling) on 95 acres.
b. General Plan Amendment/Zone Change 05-0338;
Marino! Associates, representing King-Gardiner
Farms, LLC, Sure Foundation Baptist Church, and
Vivian Price, property owners, has proposed a
general plan amendment and zone change on 80
acres for which annexation into the City is proposed,
and cancellation of a Williamson Act Land Use
Contract on 60 of the BO acres. The project site is
located on the south side of Snow Road (future)
between Allen Road and Renfro Road (future).
1.
2.
ACTION TAKEN
RES 204-05
APPROVED
RES 205-05
FR
80
Bakersfield, California, September 7, 2005 - Page 12
13.
CONSENT CALENDAR HEARINGS continued
Item 13.b. continued
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres.
2.
First Reading of Ordinance adopting the
Negative Declaration and approving an
amendment to Title 17 of the Municipal Code
from A (Agriculture) to R-1 (One Family
Dwelling) on 70 acres and from A to R-1-CH
(One Family Dwelling-Church Overlay)
on 10 acres.
3.
Resolution adopting the Negative
Declaration and approving the cancellation
of a Williamson Act Land Use Contract on 60
acres.
c.
General Plan Amendment/Zone Change 04-0671;
Project Design Consultants representing
Rosedale Ranch, property owner, has proposed a
general plan amendment and zone change on 1,655
acres for which annexation into the City is proposed.
A Development Agreement is also proposed. The
project site is bounded by 7'" Standard Road to the
north, Jenkins Road to the east, the Burlington
Northern Santa Fe (BNSF) Railroad to the west, and
Kratzmeyer Road/Olive Drive to the south.
1. Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-
0671/Annexation No. 499, known as the
Rosedale Ranch Project.
ACTION TAKEN
RES 206-05
FR
RES 207-05
CONTINUED TO 9-28-05
Bakersfield, Califomia, September 7, 2005 - Page 13
81
13.
CONSENT CALENDAR HEARINGS continued
Item B.c. continued
2. Resolution approving a general plan
amendment to change the land use
designation from LMR (Low Medium Density
Residential); LI (Light Industrial); and SI
(Service Industrial) to LR (Low Density
Residential); LMR (Low Medium Density
Residential); HMR (High Medium Density
Residential); GC (General Commercial);
MUC (Mixed Use Commercial); and LI (Light
Industrial) on 1,655 acres; and approving a
general plan amendment to change the
Circulation Element alignment of the future
West Beltway through the project boundaries, and
the realignment of Kratzmeyer Road/Olive Drive to
the south of the site to create a new interchange
with the West Beltway.
3. First Reading of Ordinance approving an
amendment to Title 17 of the Municipal Code by
pre-zoning to R-1 (One Family Dwelling); R-1/PUD
(One Family Dwelling/Planned Unit Development);
R-2 (Limited Multiple Family Dwelling) R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit
Development) C-1 (Neighborhood Commercial); C-2
(Regional Commercial); C-2/PCD (Regional
Commercial/Planned Commercial Development);
and M-1 (Light Manufacturing) on 1,655 acres; and
approving a development agreement.
City Clerk McCarthy announced correspondence
has been received from George F. Martin, Borton,
Petrini & Conron, and Joe Columbo, Columbo
Construction in support of the project.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing items 13.a and 13.b and to open and
continue item 13.c. to the September 2B'h meeting.
14. HEARINGS
a. Continued Public Hearing to consider General Plan
Amendment 04-2005; The City has proposed a
general plan amendment to the Circulation Element
and adopting a Specific Plan Line for the
Washington Street alignment
ACTION TAKEN
APPROVED
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Bakersfield, California, September 7, 2005 - Page 14
14.
HEARINGS
Item 14.a. continued
1. Resolution adopting the Negative
Declaration and general plan amendment to
the Circulation Element and, adoption of a
specific plan line.
City Clerk McCarthy announced correspondence
has been received from staff requesting the item be
continued to the next Council meeting.
Staff comments by Development Services Director
Grady.
Hearing opened at 7:16 p.m.
Motion by Councilmember Carson to continue the item
to the September 2lf' Council meeting.
b. Continued Public Hearing to consider General Plan
Amendment/Zone Change No. 04-0815; McMillan
Homes has appealed the Planning Commission's
decision to deny the proposal by Pacific
Engineering, Maurice Etchechury, on behalf of
James Etcheverry, et al for a general plan
amendment and zone change on 82.5 acres located
along the north side of Snow Road, generally
between Allen Road and Calloway Drive.
1. Resolution adopting the Negative
Declaration and requested general plan
amendment from SR (Suburban Residential)
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 No.
101-01 from A (Agriculture) to R-1 (One
Family Dwelling).
Staff comments by Development Services Director
Grady made staff comments and called upon
Council member Couch who provided an update on
community meetings with concerned parties.
Hearing opened at 7:19 p.m.
ACTION TAKEN
APPROVED
Bakersfield, California, September 7,2005 - Page 15
83
14.
HEARINGS
Item 14.b. continued
ACTION TAKEN
Norrn Reimers, Dorninic Petino, Brandy Williams,
David Betke, Patty Lee Kusek, on behalf Crirnson
Resource Managernent (provided written material).
and Torn Gelanardo on behalf of the California
Division of Oil, Gas and Geothermal Resources
spoke in opposition to the proposed general plan
amendment.
Motion by Councilmember Couch to continue the
hearing to the September 2/ih meeting.
APPROVED
c. Continued Public Hearing to consider General Plan
Arnendrnent/Zone Change No. 04-1704;
Jirnrny and Robin Tabangcora have appealed the
Planning Corn mission's decision approving
a proposal by Gerald Almgren, Kern Delta Land
Development Corp. for a general plan amendment
on 2.83 net acres and zone change on 2.04 net
acres located on the east side of Wible Road
approximately 200 feet south of Berkshire Road.
1. Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from LMR (Low Medium
Residential) to HMR (High Medium
Residential) on 2.83 net acres.
2. First Reading of Ordinance adopting the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map 123-
25 from R-1 (One Farnily Dwelling) to
R-2 (Lirnited Multiple Farnily Dwelling) on
2.04 acres.
Councilmember Scrivner announced a conflict of
interest for the item and recused himself.
Developrnent Services Director Grady made staff
comments.
Hearing opened at 7:38 p.rn.
Richard Harriman, Esq., on behalf of the Wible
Road Action Group and Valley Advocates spoke in
opposition to the staff recommendation and
requested the itern be continued.
84
Bakersfield, California, Septernber 7, 2005 - Page 16
14.
HEARINGS continued
Torn Fallgatter spoke in favor of the staff
recomrnendation.
Motion by Councilmember Hanson to continue the
hearing to September 21f".
d. Hearing to consider appeal by The Sierra Club of
the Planning Commission's decision approving
Vesting Tentative Tract 6328 and the Negative
Declaration, located on the southwest corner of
Panama Lane and Mountain Vista Road.
(SrnithTech USA/Subdivider: Lennar Homes)
1. Resolution upholding the decision of the
Planning Commission approving Vesting
Tentative Tract 6328, located on the
southwest corner of Panama Lane and
Mountain Vista Road, and, denying the
appeal by the Sierra Club.
Development Services Director Grady rnade staff
comments.
Hearing opened at 7:49 p.rn.
Gordon Nipp, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Trisha Harbison, SmithTech USA, on behalf of the
of the Pasco Farniiy Trust and Lennar Homes,
spoke in favor of the staff recommendation.
Hearing closed at 7:49 p.m.
Motion by Councilmember Hanson to adopt the
Resolution and deny the appeal.
e. General Plan Arnendrnent/Zone Change 04-
0057/Williamson Act Contract Cancellation:
George B. Martin, representing Golden Ernpire
Concrete and Structure Cast, has appealed
Planning Comrnission's decision to approve
proposal by Quad Knopf, Inc., on behalf of
Gosford-Panama Partners, LLC for a general plan
amendment with concurrent zone change,
Williarnson Act Contract Cancellation for property
located south of Panama Lane to McCutchen Road,
west of Gosford Road to Progress Road for the
purposes of developing a mixed use developrnent in
the City.
ACTION TAKEN
APPROVED
AB SCRIVNER
APPROVED
Bakersfield, California, September 7, 2005 - Page 17
85
14.
HEARINGS continued
Item 14.e. continued
ACTION TAKEN
1. Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-
0057/Annexation No. 440, known as
Gosford-Panama annexation.
2. Resolution making findings approving a
general plan element amendment to change
the land use designation from R-IA
(Resource-Intensive Agriculture) and SI
(Service Industrial) to MC (Major
Commercial), GC (General Commercial), LI
(Light Industrial), LR (Low Density
Residential), LMR (Low Medium Density
Residential), and HMR (High Density
Residential) on approximately 300 acres and
circulation element amendment to eliminate
the Collector designation of Progress Road
between Panama Lane to McCutcheon
Road.
3. First Reading of the Ordinance approving an
amendment to Title 17 of the Municipal
Code and changing Zone Map 123-29 by
changing the zoning from A (Agriculture) to
M-1 (Light Manufacturing). R-1 (One Family
Dwelling), R-2 (Limited Multiple Family
Dwelling), MH (Mobile Home) and C-2/PCD
(Regional Commercial/Planned Commercial
Development) zones on approximately 300
acres.
3. Resolution making findings, approving the
cancellation of land use restrictions of a land
conservation contract (Williamson Act) on
approximately 300 acres.
City Clerk McCarthy announced correspondence
was received from Michael V. Phillips, REM, Quad-
Knopf, Inc., on behalf of Gosford-Panama Partners,
LLC, requesting this item be continued to the
September 28th Council meeting. Additionally,
correspondence was received from Tung-chen
Chung, Ph.D, with LSA Associates, Inc., and David
L. Preiss, Wendel, Rosen, Black & Dean, LLP and
Ray Watson, 4th District Supervisor regarding this
project.
86
Bakersfield, California, Septernber 7,2005 - Page 18
ACTION TAKEN
14.
HEARINGS
Item 14.e. continued
Development Services Director Grady rnade staff
comments.
Hearing opened at 7:52 p.m.
David Preiss spoke in opposition to the staff
recomrnendation.
Motion by Councilmember Hanson to continue the
hearing to the September 2B'h Council meeting.
Recess taken from 7:55 to 8:00 p.m.
15. NEW BUSINESS
a.
Memorandum of Understanding between the City
and the Bakersfield Redevelopment Agency
for the saie of 1,280 surplus acres of City property
commonly known as the 5,000 Acre Southeast Farm
(City Farm).
City Clerk McCarthy announced the staff
recommendation should have read, "Budget and
Finance Committee recomrnends Council
discussion and consideration of the Memorandum of
Understanding."
City Manager Tandy gave a presentation and
provided handouts.
Vice-Mayor Maggard requested additional language to
clarify that the Redevelopment Agency will make the
Sewer Enterprise Fund whole, based on the value of
the asset on the date of the transfer utilizing generally
accepted accounting principals and that an escape
clause be added to the agreement.
Councilmember Couch requested the Budget and
Finance Committee review the One Time Money Policy.
Motion by Councilmember Sullivan to adopt the MOU
with changes in language.
15. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Planning and
Development Committee address the issue of park
standards for development agreements.
APPROVED
AGR 05-328
APPROVED
ABS COUCH
Bakersfield, California, September 7, 2005 - Page 19
81
15.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Benham requested Police staff follow
up regarding an earlier issue of excessive noise
involving B & G Auto Shop on Brundage.
Councilmember Benham requested Public Works and
Police staff assist in responding to correspondence
received from a citizen in the Sunset/Oleander area
regarding crime rates there.
Councilmember Benham requested Public Works
respond to a citizen complaint regarding 2:1'd and C
Streets and provided contact information.
Councilmember Benham requested Streets provide
follow up to a petition received regarding the repair and
resurfacing of the alley off 11" Street between Band C
Streets and provided contact information.
Councilmember Benham requested a report regarding
staff attendance at the California Urban Forrest
Council Meeting and the Conference on Residential
Solar Power and provided information regarding the
events.
Councilrnernber Benharn announced the Bakersfield
Museum of Art is instituting Thursday evening social hours
starting September 8th and encouraged community
participation.
Councilmember Benham requested staff report to
Council regarding disaster preparedness; additionally,
how the City is prepared to assist other communities in
times of crisis and if the City is not prepared to
provide assistance to become prepared to meet that
eventuality.
Councilmember Carson requested staff inspect the
Nina Street paving job and provide explanation on
the quality and timing of the project.
Councilmember Carson requested Public Works
provide information to the City Attorney regarding the
airport to facilitate the preparation of legal
documents.
Council member Carson endorsed Councilmember
Benham's referral regarding disaster preparedness.
Councilmember Sullivan requested staff repair a street
light at 6601 Mill Creek near Bridge Creek.
88
Bakersfield, California, Septernber 7,2005 - Page 20
15.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilrnernber Sullivan rnade comrnents regarding the
organization In God We Trust America.
Councilmember Hanson requested staff analyze the
need for a stop sign at the intersection of Pine and
Palm.
Councilmember Hanson requested information regarding
the sump at Carnpus Park east of Buena Vista. Public
Works Director Rojas responded.
Councilmember Hanson requested Maintenance
District clean-up in the Oaks and Haggin Oaks areas.
Councilrnernber Hanson requested information regarding
Fresno's cessation of the red light enforcement prograrn.
Chief Rector responded.
Councilmember Hanson provided information regarding use
of Dodge Chargers as police vehicles to Chief Rector.
Councilmember Hanson requested staff analyze the
cost of operating pools factoring in the drop in
attendance.
Councilmember Couch requested information regarding the
scheduled joint meetings with the City of Shatter and the
Kern County Board of Supervisors. City Manager Tandy
responded.
Councilmember Couch thanked staff, particularty David
Paquette for prornpt abatement of tumbleweed issues and
announced his intention to provide information regarding
areas needing the same attention.
Vice-Mayor Maggard requested Recreation and Parks
Director Hoover provide a report regarding programs to
increase pool attendance.
Vice-Mayor Maggard requested staff prepare a note of
thanks to Fire and Building employees who responded
to a late night accident which prevented a garage
collapse in his Ward.
Vice-Mayor Maggard requested information regarding
the rational of the City in banning bird hunting on
City property. City Manager Tandy responded.
Vice-Mayor Maggard requested a legal analysis of the
liability risk the City would incur should the ban be
rescinded.
89
Bakersfield, California, September 7,2005 - Page 21
..-
15.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Maggard requested the feasibility of a
"purple pipe" water system for the purpose of utilizing
treated water.
Vice-Mayor Maggard asked if a report on theories for water
treatment would be forthcoming. City Manager Tandy
responded.
Vice-Mayor Maggard provided information regarding
specialized grass that can be grown with treated water;
additionally requested staff analyze the use of such
grass in City soccer parks etc.
Vice-Mayor Maggard made comments regarding disaster
relief and provided contact information for community
members wishing to sponsor victims of Hurricane Katrina.
Councilmember Scrivner requested staff provide
information regarding quantity of land not utilized on
Sewer Farm Land.
Councilmember Scrivner complimented Council member
Sullivan on the In God We Trust America event.
Council member Couch requested Chief Rector
congratulate Jacque Miller on receiving the Reserve Officer
of the Year Award.
Council member Couch thanked those involved in
Bakersfield's being awarded a permanent seat on LAFCO.
Mayor Hall Made comments regarding accommodating
evacuees from Louisiana.
Mayor Hall announced letters will be sent to mayors of
cities affected by Katrina offering assistance.
90
Bakersfield, California, September 7, 2005 - Page 22
16.
ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the m
,
MAYOR of the City of Bakersfield, C
ATTEST:
~
CITY CLERK and Ex Officio C
the Council of the City of Bakers