HomeMy WebLinkAbout09/28/05 CC MINUTES
105
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 28, 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
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:18), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government
Code Section 54957.6.
b. Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (2 cases)
c. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
3. Robert Pratt v. City, et al
106
Bakersfield, California, September 28, 2005 - Page 2
ACTION TAKEN
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:16 p.m.
Motion by Councilmember Hanson to adjourn from
Closed Session at 6:45 p.m. and reconvene at the end
of Regular Business.
RECONVENED MEETING - 6:50 p.m.
5. ROll CAll
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Ken Souers, Crossroads Christian
Fellowship.
7. PLEDGE OF AllEGIANCE by Spencer Shoemaker, 6'h
Grade Student, and Peri Shoemaker, 5'h Grade Student at
Almondale Elementary School.
Mayor Hall recognized students from Bakersfield College
and Ridgeview High School government classes in
attendance at the meeting.
8. CLOSED SESSION ACTION
City Attorney Gennaro announced Closed Session was not
concluded and would reconvene after Mayor and Council
statements.
a.
Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government
Code Section 54957.6.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (2 cases)
b.
APPROVED
APPROVED
CONTINUED TO END OF
REGULAR BUSINESS
NOT HEARD
Bakersfield, California, September 28, 2005 - Page 3
107
8.
CLOSED SESSION ACTION continued
Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
3. Robert Pratt v. City, et al
9. PRESENTATIONS
c.
a. Presentation by Councilmember Jacquie Sullivan of
Commendation Certificate to David Taylor for
performing a heroic act.
David Taylor made comments and accepted the
Presentation.
b. Presentation by Mayor Hall of Proclamation to Stacy
Crooks, Link to Life, proclaiming October, 2005, as
"Paint the Town Pink Month".
Stacy Crooks accepted the Proclamation on behalf
of Link to Life.
10. PUBLIC STATEMENTS
a. Ron Wheeler spoke regarding profit from farmland
sale.
b. Father Jim LaCasse spoke regarding positive
effects of the McMurtrey Aquatics Center and
Bikepath and encouraged development of other
amenities of the same sort.
At the request of Councilmember Benham Dana
Karcher and Glenn Flarnik spoke regarding Consent
Calendar item 12.v. when it was removed from
Consent Calendar for separate consideration.
11. APPOINTMENTS
a. One (1) appointment to the Planning Commission,
due to the resignation of Burton Ellison, whose term
expires April 30, 2006.
Motion by Councilmember Couch to appoint Tom
McGinnis to fill the unexpired term of Burton Ellis.
ACTION TAKEN
NO REPORTABLE
ACTION
APPROVED
108
Bakersfield, California, September 28, 2005 - Page 4
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 7, 2005
Regular Council Meeting and the September
14,2005 Joint Special Meeting.
Payments:
b. Approval of department payments from August 26,
2005 to September 15, 2005 in the amount of
$19,802,786.09 and self insurance payments from
August 26, 2005 to September 15, 2005 in the
amount of $180,969.87.
Ordinances:
c.
First Reading of Ordinance adopting a Negative
Declaration and amending Section 17.06.020 (Zone
Map 122-03) of Title 17 of the Municipal Code by
changing the zoning from R-1 (One Family Dwelling)
zone to PUD (Planned Unit Development) zone on
81.18 acres to allow a single family home
development generally located on the southwest
corner of Stockdale Highway and South Renfro
Road. (File 04-0236)
d.
First Reading of Ordinance adopting a Negative
Declaration and amending Section 17.06.020 (Zone
Map 102-19) of Title 17 of the Municipal Code by
changing the zoning from PCD (Planned
Commercial Development) zone to Revised PCD
zone on 3.1 ± acres located on the northwest corner
of Calloway Drive and Meacham Road. (M.S.
Walker & Assoc/File 05-0735)
e.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zone Map 124-29 changing the
zoning district from A (Exclusive Agriculture) to R-1
(One Family Dwelling) on approximately 95 acres
generally located south of Panama Lane
approximately 2,000 feet east of South Union
Avenue. (GPA/ZC 04-1337) (Ward 1
upon annexation) (FR 09/07/05)
ACTION TAKEN
FR
FR
ORD 4272
12.
Bakersfield, California, September 28, 2005 - Page 5
109
CONSENT CALENDAR continued
I.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map 101-11 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 located on the south
side of Snow Road (future) between Allen Road and
Renfro Road (future). (Marino Associates/King-
Gardiner Farms, Sure Foundation Baptist Church,
Vivian Price) (ZC 04-0338) (Ward 4 upon
annexation) (FR 09/07/05)
Resolutions:
g.
Resolution approving sale of surplus Police
Department equipment to the United States Army
for the sum of $1.00.
h.
Resolution confirming the 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 the abatement of certain
weeds, debris and waste matter and authorize
collection of the assessments by the Kern County
Tax Collector.
i.
Resolution authorizing the application for State
grant funds and potential participation in the
CalHome Program from the California State
Department of Housing and Community
Development (HCD).
j.
Resolution adding territory, Area 1-59 (Olive, Old
Farm 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.
k.
Resolution adding territory, Area 3-32 (Stine, McKee
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.
ACTION TAKEN
ORD 4273
RES 210-05
RES 211-05
REMOVED FOR
SEPARATE
CONSIDERA TlON
RES 213-05
RES 214-05
110 Bakersfield, California, September 28, 2005 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
I. Resolution adding territory, Area 3-38 (Panama, RES 215-05
Windermere) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
m. Resolution adding territory, Area 3-39 (Gosford, RES 216-05
Pacheco SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1362 to add territory, ROl1362
n.
Area 4-33 (Reynard, McKenna S) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1363 to add territory, ROl1363
Area 4-34 (Auburn, Morning NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
p. Resolution of Intention No. 1406 to add territory, R011406
Area 1-60 (Etchart, Calloway SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
q. Resolution of Intention No. 1407 to add territory, ROl1407
Area 4-40 (Oak, 19'h SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
r. Resolution of Intention No. 1404 to order the REMOVED FOR
vacation of the 20 foot alley and the north SEPARATE
22.5' of 7th Street, between K and L Streets within CONSIDERA TlON
Block 52 of the Lowell Addition.
s. Resolution of Intention No. 1408 to order the R011408
vacation of portions of Comanche Road south
of SR 178.
t. Resolution of Intention No. 1409 to order the ROl1409
vacation of the right of way at Feemster Street
and DeMaree Avenue.
Bakersfield, California, September 28, 2005 - Page 7
111
12.
CONSENT CALENDAR continued
u.
Amendment No. 16 to Resolution No. 122-01
approving Memorandum of Understanding for
employees of the General Supervisory, Police
Supervisory and Management Units and
adopting salary schedule and related benefits for
Economic Development Director.
Resolution approving the application for grant funds
for "Green Trees for the Golden State" under the
California Department of Forestry & Fire Protection,
Urban and Community Forestry Program.
v.
w.
Resolution approving the application for grant funds
for the California River Parkways Grant Program
under the Water Security, Clean Drinking Water,
Coastal and Beach Protection Act of 2002
(Proposition 50).
Agreements:
X. Final Tract Maps and Improvement Agreements:
1.
Final Map for Tract 6475 Units 1,2 & 3 and
Improvement Agreements for Units 1,2,
3 & 5 with Castle & Cooke CA, Inc. located
north of Panama Lane and east of Ashe
Road.
2.
Improvement Agreements with Bakersfield
University Partnership, LP for Parcel
Map 11052 located north of Stockdale
Highway and west of Gosford Road.
License Agreement with Castle & Cooke California
Inc. allowing them to use a portion of Renfro Road
(Tract 6448) located between Culiacan Avenue and
the Cross Valley Canal for private roadway and
landscape purposes.
z. Agreement with United Way of Kern County to
purchase from the City, surplus computer
equipment.
y.
aa.
Pipeline Crossing Agreement Union Pacific Railroad
Company ($3,650.00) for street improvements at the
At-grade rail crossing on the Union Pacific Railroad
Buttonwillow Branch at Old River Road.
ACTION TAKEN
DELETED
REMOVED FOR
SEPARATE
CONSIDERA nON
RES 218-05
AGR 05-330
AGR 05-331
AGR 05-332
AGR 05-333
AGR05-334
AGR05-335
AGR 05-336
AGR 05-337
AGR 05-338
AGR 05-339
112
Bakersfield, California, September 28, 2005 - Page 8
12.
CONSENT CALENDAR continued
bb.
Agreement with Bethany Services ($60,875.00)
Emergency Shelter Grant (ESG) funds to support
the operating costs necessary to continue services
at the Bakersfield Homeless Center located at 1600
East Truxtun Avenue.
cc.
Agreement with Bakersfield Rescue Mission
($60,875.00) Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to
contin ued services at the Bakersfield
Rescue Mission located at 830 Beale Avenue.
dd. Concurrent Application Processing:
Amendment NO.1 to Agreement No. 05-121
with RBF Consulting ($70,000.00) to
assist with the processing of concurrent
applications.
2. Appropriate $70,000.00 in revenues to the
Development Services Fund operating
budget.
1.
ee.
Contract Change Order NO.3 to Agreement No. 04-
338 with S.C. Anderson Inc. ($12,410.82 decrease,
for a revised not to exceed amount of
$2,797,705.03) for the Park at River Walk.
fl.
Contract Change Order NO.4 to Agreement No. 04-
339 with S.C. Anderson Inc. ($530.68 increase; for a
revised not to exceed amount of $5,689,150.31) for
the Park at River Walk.
Bids:
Accept bid to award annual contract to Granite
Construction Company, not to exceed the
budgeted amount of $3,000,000.00, for street
materials.
hh. Accept bid from L N Curtis & Sons ($33,751.58) for
radiation/haz mat monitors and detectors
for the Fire Department.
gg.
ii.
Accept bid to award contract to Bowen Engineering
& Environmental ($33,000.00) for demolition of
improvements at 2420, 2424 and 2430 Mohawk
Street (County area).
ACTION TAKEN
AGR 05-340
AGR 05-341
AGR 05-121(1)
AGR 05-338 CC03
AGR 04-339 CC04
AGR 05-342
AGR 05-343
Bakersfield, California, September 28, 2005 - Page 9
11 3
12. CONSENT CALENDAR continued
jj.
Accept bid to award contract to Valley Business
Printers, Inc. (not to exceed $60,000.00) for three
(3) issues of the activity brochure for Recreation and
Parks.
kk. Accept bids from Enders and Associates
($134,852.28) (Part A) and TV Magic, Inc.
($368,930.12) (Parts D and E) for the digital
upgrade to the Video Replay Systems for the
Rabobank Arena.
Miscellaneous:
II. Appointment of League voting delegate and
alternate at Annual Conference. (Staff
recommends appointment of Councilmember
Zach Scrivner as League voting delegate and
City Attorney Ginny Gennaro as alternate.)
mm. City positions on League of California Cities
Resolutions
nn. Preliminary trail system design work for the
Bakersfield State Vehicle Recreation Area
(Wofford Ranch) trail system:
1. Accept contribution from the County of Kern
and appropriate $5,000.00 to the
Development Services operating budget in
the Recreation Facility Fund.
00. Acceptance of 2003-04 Transportation Development
Act Funds Financial Statement.
pp. Planning, development and funding of community
and regional parks, bike paths and trails. (Refer to
Planning & Development Committee.)
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.pp. with the deletion,
at the request of staff of 12.u. and the removal of items
12.i., 12.r., 12.v. and 12.mm. for separate consideration.
i.
Resolution authorizing the application for State
grant funds and potential participation in the
CalHorne Program from the California State
Department of Housing and Community
Development (HCD).
Motion by Counci/member Carson to approve item 12.i.
ACTION TAKEN
AGR 05-344
REMOVED FOR
SEPARATE
CONslDERA nON
APPROVED
RES 212-05
APPROVED
114
Bakersfield, California, September 28, 2005 - Page 10
12.
CONSENT CALENDAR continued
r.
Resolution of Intention No. 1404 to order the
vacation of the 20 foot alley and the north
22.5' of 7'h Street, between K and L Streets within
Block 52 of the Lowell Addition.
Motion by Councilmember Carson to approve item 12.r.
v.
Resolution approving the application for grant funds
for "Green Trees for the Golden State" under the
California Department of Forestry & Fire Protection,
Urban and Community Forestry Program.
10. PUBLIC STATEMENTS
c. Dana Karcher, Tree Foundation of Kern and Glenn
Flamik, Program Administrator for the Urban
Forestry Program for the State of California spoke
regarding use of grant funds.
Motion by Counci/member Benham to approve item
12.v.
mm. City positions on League of California Cities
Resolutions.
Motion by Councilmember Benham to approve the item
with a change the in endorsement to Resolution
number one of "no position".
13. CONSENT CALENDAR HEARINGS
a.
Hearing to consider Resolution ordering the
vacation of 0 Street between Truxtun Avenue
and 17'h Street. (Staff recommends referral to
Planning & Development Committee.)
b.
Hearing to consider Resolution authorizing Adventist
Health System/West to issue revenue bonds
(TEFRA) (not to exceed $175,000,000.00) to be
used to finance the San Joaquin Community
Hospital Improvement Project. (Staff recommends
adoption of resolution.)
c. Continued Public Hearing to consider amendment of
the City's Sphere of Influence,
approval of updated Municipal Services Review and
adoption of Negative Declaration. (Staff
recommends hearing remain open and continue
to October 12, 2005 meeting.)
ACTION TAKEN
ROl1401
APPROVED
RES 217-05
APPROVED
ABS COUCH
RES 219-05
Bakersfield, California, September 28,2005 - Page 11
115
13.
CONSENT CALENDAR HEARINGS continued
d. Continued Public Hearing to consider General Plan
Amendment/Zone Change 04-0671: Project Design
Consultants representing Rosedale Ranch, property
owner, has proposed a general plan
amendmenVzone change on 1,655 acres for which
annexation into the City is proposed. A
Development Agreement is also proposed. Project
site is bounded by 7'h 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.
(Continued from 9n/05 meeting) (Staff
recommends continuation of hearing to
November 2005 GPA cycle.)
Hearings opened at 7:25 p.m.
No one spoke.
Hearings closed at 7:27 p.m.
Motion by Vice-Mayor Maggard to approve staff
recommendations for items 13.a. through 13.d.
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. (Continued from
8/17/05 & 9n/05 meetings)
1.
Resolution adopting the Negative
Declaration and general plan amendment to
the Circulation Element and, adoption of a
specific plan line.
Staff recommends adoption of resolution and
specific plan line.
ACTION TAKEN
APPROVED
RES 221-05
116
Bakersfield, California, September 28,2005 - Page 12
14.
HEARINGS continued
Item 14.a.continued
Public Works Director Rojas made staff comments.
Hearing re-opened at 7:31 p.m.
No one spoke.
Hearing closed at 7:32 p.m.
Motion by Councilmember Carson to approve item 14.a.
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 Rd. and Calloway Dr. (Continued
from 8/17/05 & 9n/05 meetings)
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).
1.
Staff recommends adoption of resolution, upholding
the appeal and give first reading to ordinance.
Staff comments by Development Services Director
Grady.
Hearing re-opened at 7:37 p.m.
Tom Giallonardo submitted written material and
spoke on behalf of the California Division of Oil, Gas
and Geothermal Resources and Teri Bjorn, Clifford
and Brown, submitted written material and spoke on
behalf of Crimson Resources in opposition to the
staff recommendation.
ACTION TAKEN
APPROVED
RES 222-05
Bakersfield, California, September 28,2005 - Page 13
11 7
14.
HEARINGS continued
Item 14.b.continued
Jeff Guiterrez, DeWalt Corporation, on behalf of
James Etcheverry and his sisters, spoke in support
of the staff recommendation.
Steve Yantis, Robin Rossi, Dennis McClain and
Dominic Patino spoke in rebuttal opposition to the
staff recommendation.
Hearing closed at 8:02 p.m.
Recess taken from 8:16 p.m. to 8:26 p.m.
As an additional proposed conditions to approval, City
Attorney Gennaro requested Teri Bjorn, counsel for
Crimson Resources read into the record, "As a
condition of approval of any tentative map within the
project boundaries, the property owner and the mineral
owner will enter into an Accommodation Agreement
addressing, at a minimum, undergrounding and
relocation of pipelines, easements for interconnecting
pipelines between facilities, access, and allocation of
costs for mitigation measures and other facility
modifications. If such condition of approval has not
been satisfied within one year after approval of any
such tentative map, the property owner may request a
public hearing to delete such condition. "
Motion by Councilmember Couch to approve the staff
recommendation as outlined in the memo dated
September 2tfh to the Mayor and City Council from
Stanley Grady, Development Services Director, with the
inclusion of the conditions read into the record by Ms.
Bjorn and with the addition of a block wall six feet high
from adjacent grade along the south property line to
east of Old Farm Road and along the north side of the
existing access easement at the south property line on
the west side of Old Farm Road.
ACTION TAKEN
APPROVED
118
Bakersfield, California, September 28, 2005 - Page 14
14.
HEARINGS continued
Item 14.c.continued
c. Continued Public Hearing to consider General Plan
Amendment/Zone Change No. 04-1704; Jimmy and
Robin Tabangcora have appealed the Planning
Commission's decision approving 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 Rd. approx. 200 ft. south
of Berkshire Rd. (Continued from 8/17/05 & 9n/05
meetings)
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from LMR (Low Medium
Residential - greater than 4 units but less
than or equal to 10 dwelling units per net
acre) to HMR (High Medium Residential-
greater than 7.26 units but less than or
equal to 17.42 dwelling units per net acre) on
2.83 net acres.
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 Family Dwelling)
to R-2 (Limited Multiple Family Dwelling - 1
unit per 2,500 sq. ft.) on 2.04 acres.
2.
Staff recommends adoption of resolution, denying
the appeal and give first reading to ordinance.
Development Services Director Grady made staff
comments.
Hearing re-opened at 8:36 p.m.
John Ennis, Consulting Engineer, presented written
material and spoke in opposition to the staff
recommendation as did Richard Harriman, Esq.,
representing the Wible Road Action Group and
Valley Advocates.
Tom Fallgatter, attorney for the applicant and Chris
Conway, Porter Robertson, spoke in favor of the
staff recommendation.
Richard Harriman and John Ennis spoke in
ACTION TAKEN
RES 223-05
ABS SCRIVNER
FR
Bakersfield, California, September 28,2005 - Page 15
11 9
rebuttal opposition to the staff recommendation.
14. HEARINGS continued
Item 14.c.continued
ACTION TAKEN
Chris Conway and Tom Fallgatter spoke in rebuttal
favor of the staff recommendation. Mr. Fallgatter
clarified the number of access points is two.
Public Works Director Rojas made comments.
Hearing closed at 9:13 p.m.
Councilmember Hanson asked Development
Services Director Grady to confirm for the
record:
· Exhibit "C" refers to two points of access
which is the same as the GPA, GPA
condition 13 should read the same as the
zone change condition limiting the
access points to two
· Exhibit "C" condition 15 references 21
units, this only refers to the area being
changed from R-1 to R-2, with 31 units
total
· The general plan provides the overall
parameter for developing the property
· There be no requirement for a wall and a
landscaped berm will take the place of
the wall
· There will not be a cover required on the
canal since the request for additional five
units has been retracted
Motion by Councilmember Hanson to approve the staff
recommendation along with the corrections noted by
Mr. Grady and with the conditions of approval
outlined in the September 7, 2005 memo from
Development Services to the City Council.
APPROVED
_._._.__ ..._,"""__,__._,___._w._
120
Bakersfield, California, September 28,2005 - Page 16
14.
HEARINGS continued
d. Continued Public Hearing to consider General Plan
Amendment/Zone Change 04-0057/
Williamson Act Contract Cancellation; George B.
Martin, representing Golden Empire Concrete and
Structure Cast, has appealed Planning
Commission'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, Williamson 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 development in the City. (Continued
from 9n/05 meeting.)
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-
0057/Annexation No. 440 (Gosford-
Panama) .
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.
2.
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 Horne) and C-
2/PCD (Regional Commercial/Planned
Commercial Development) zones on
approximately 300 acres.
ACTION TAKEN
RES 224-05
RES 225-05
FR
Bakersfield, California, September 28, 2005 - Page 17
121.
14.
HEARINGS continued
Item 14.d. continued
4.
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 the area concerned
is only in Ward 5, not Wards 5 and 6 as stated on
the agenda.
Staff recommends adoption of resolutions, denying
the appeal and give first reading to ordinance.
Staff comments by Development Services Director
Grady.
Hearing opened at 9:31 p.m.
Charles Winsley, President, Golden Empire
Concrete, spoke in opposition to the project,
submitted written conditions and acknowledged
agreement with the item if the presented conditions
are adopted. Additionally he requested staff
continue to monitor the intersection at Gosford and
McCutcheon and install a traffic signal when
warranted.
John Hunt, Vulcan Materials, spoke in opposition to
the project, submitted written conditions and
acknowledged agreement with the item if the
presented conditions are adopted. Additionally he
requested staff analyze the need for a signal light at
Progress Road and Panama Lane.
Brent Dezember, owner, Structure Cast,
acknowledged agreement with the item if the
presented conditions are adopted.
15.
Motion by Councilmember Hanson to approve staff's
recommendation with the inclusion of the memo
stating conditions dated September 28, 2005.
NEW BUSINESS
None.
ACTION TAKEN
RES 226-05
APPROVED
122
Bakersfield, Califomia, September 28, 2005 - Page 18
15.
MAYOR AND COUNCil STATEMENTS
ACTION TAKEN
Councilmember Benham requested staff repair a large
pothole in the right northbound lane of the Oak Street
overpass.
Councilmember Benham requested staff review
citizen's request for a street light on Spruce Street, in
the first block north of Brundage and provided contact
information.
Councilmember Benham requested staff communicate
with Mr. RIdgeway regarding additional programs for
the McMurtery Aquatics Facility and provided contact
information.
Councilmember Benham requested a report from staff
attending the League of California Expositions
regarding elimination of train horn noise remedies.
Councilmember Benham requested staff respond to a
citizen's complaint concerning Cox Cable
Communication's failure to keep its word on quoted
rates.
Councilmember Benham expanded on a previous
referral requesting a workshop regarding emergency
preparedness and the need to include the city's
command structure, coordination with other
jurisdictions and levels of government, evacuation
planning and emergency response; additionally she
requested information regarding the conduct of
planning exercises for different types of emergencies
such as earthquake, flood, major chemical spills and
the like.
Councilmember Carson thanked staff for the meeting with
Lennar Homes.
Councilmember Carson thanked Mayor Hall for assisting in
getting Mickey Sturdivant back to Bakersfield.
Councilmember Carson requested information
regarding the cost to replace Secret Witness signs in
various locations of the City.
Councilmember Carson requested a progress report
regarding the sewers in the Stockdale Hwy. area.
Bakersfield, California, September 28, 2005 - Page 19
123
15.
MAYOR AND COUNCil STATEMENTS continued
ACTION TAKEN
Councilmember Hanson made comments directed at
the Bakersfield Californian editorial staff regarding that
organization's stance on development in Bakersfield
and stated for the record, "In 2004 harvested acres in
the County of Kern were 891,000, I'm going to just
round them off, which is three per cent greater than in
2003 and the highest level since 1990. I'm just going to
go on the highlights in this thing. In 2004, well forget
the value. The City generally considers the conversion
of one hundred or more acres of land designated RI-A
to non-agricultural uses to be significant environmental
impact. Now keep in mind we have 891,576 acres
where we have something growing, where there is
cotton and other crops. The Californian makes, refers
to 8,000 acres of land being, or this isn't even land
being converted to this time this is potential land, some
of being converted to single family and other housing.
That is less than one per cent of the agricultural land
being farmed in our county at this time. And even more
interesting, let me see if I have this somewhere, I
believe there is like one, oh yes there is, 1.6 million
acres under the Williamson Act. So in fact what we're
doing is we're growing about fifty-five, sixty percent of
eligible land, so Mr. Burger I'd like you to take this and
pass this on, this information to the editors and maybe
that will help clarify the situation and possibly if they'd
like to meet with staff or even myself, and I'm not an
expert, I'd be happy to do so."
Councilmember Scrivner requested staff enforce the
Ordinance which prohibits street vendors from selling
within 300' of public buildings; particularly as this
applies to ice cream vendors selling near schools, and
report back to Council.
Councilmember Scrivner provided photographs and
requested staff address immediately the issue of
numerous properties with of abandoned vehicles, trash
and graffiti on walls.
Councilmember Couch requested staff address the
synchronizing and timing of lights on Buena Vista Ave
at Deer Peak and Ming.
Councilmember Couch requested the Legislation and
Litigation Committee review the feasibilityof
establishing one or more permanent parade routes in
the City of Bakersfield; staff to provide pros and cons
for specific parade routes.
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124
Bakersfield, California, September 28,2005 - Page 20
15.
MAYOR AND COUNCil STATEMENTS continued
ACTION TAKEN
Councilmember Couch reiterated staff needs to assure
the signal light project at Allen and Palm is moved up
on the project list.
Councilmember Couch requested staff review the
feasibility of an 'Adopt a Bench' program.
Councilmember Couch requested an update regarding a
change of status for Brimhall Rd. from collector to arterial
and a possible variance in landscaping standards. Public
Works Director Rojas responded.
Councilmember Couch requested staff and the
Planning and Development Committee determine the
best way to accomplish a General Plan Update in
conjunction with the County, and determine if this
would best be achieved through a comprehensive or
revised document.
Councilmember Sullivan requested Streets respond to
a citizen request to install a 'Not a Through Street' sign
on Bathhurst and provided contact information.
Councilmember Sullivan requested the streets in the
Westhaven/Flicker area be provided
repair/maintenance.
Vice-Mayor Maggard thanked staff for the memo on the
803 Project and requested a Workshop regarding the
project.
Vice-Mayor Maggard requested information regarding the
time frame for receipt of funds for the 803 Project. Public
Works Director Rojas responded.
Vice-Mayor Maggard requested information regarding the
funds for the 803 Project being in jeopardy due to the
recent hurricanes. City Manager Tandy responded.
Vice-Mayor Maggard requested a Master Plan be
developed regarding growth of the City; staffing levels
for Public Works and Development Services be
reviewed in order to facilitate growth transitions within
the community and provide a report on the length of
time it is anticipated the water supply will last based on
current growth factors.
15.
125
Bakersfield, California, September 28,2005 - Page 21
MAYOR AND COUNCil STATEMENTS continued
ACTION TAKEN
Mayor Hall made comments regarding disaster
preparedness and the need to include Hall Ambulance and
other emergency entities in the Cily's disaster planning and
preparation drills.
Mayor Hall adjourned the meeting back to Closed
Session at 10:15 p.m.
Motion by Councilmember Maggard to adjourn from
Closed Session at 11:35 p.m.
8. CLOSED SESSION ACTION
a.
Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government
Code Section 54957.6.
STAFF GIVEN
DIRECTION
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (2 cases)
NOT HEARD
Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
3. Robert Pratt v. City, et al
16. ADJOURNMENT
ATTEST:
c.
NO REPORTABLE
ACTION
(~JiJf1û&
CITY CLERK and Ex Officio lerk of
the Council of the City of Bakersfield
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