HomeMy WebLinkAbout02/07/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 7, 2007
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, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan
(seated at 5:17 p.m.), Scrivner
Absent:
Vice-Mayor Hanson
2. PUBLIC STATEMENTS
None.
3.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 17, 2007 Special
and Regular City Council Meetings.
Payments:
b.
Approval of department payments from January 5,
2007 to January 25, 2007 in the amount of
$14,068,121.04 and self-insurance payments from
January 5, 2007 to January 25, 2007 in the amount
of $287,604.55.
ASS WEIR
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Bakersfield, California, February 7, 2007 - Page 2
3.
CONSENT CALENDAR
ACTION TAKEN
c. Adoption of Ordinance amending Municipal Code
Sections 1.12.030, 1.12.040, 1.12.050 and 1.12.060
by adding Annexation No. 516 consisting of 25.94
acres located north of Kern Canyon Road generally
east of Morning Drive to Ward 3, Annexation No.
504 consisting of 1.08 acres located north of Snow
Road east of the Friant-Kern Canal and west of
Calloway Drive to Ward 4, Annexation No. 500
consisting of 80.65 acres located generally south of
Panama Lane west of Old River Road and
Annexation No. 511 consisting of 78.83 acres
located at the northeast corner of McCutchen Road
and Buena Vista Road to Ward 5 and Annexation
No. 508 consisting of 43.39 acres located at the
southeast corner of McCutchen Road and Ashe
Road to Ward 6.
ORD 4407
ASS WEIR
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Ordinances:
d. Adoption of Ordinance amending Title 17 of the ORD 4408
Municipal Code and Zone Map No. 103-25 by
changing the zoning from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on .33 acre
located at 7400 Niles Street approximately .5 mile J
west of Morning Drive. (ZC 06-1766) (Applicant: M
S Walker & Associates, Inc.lProperty Owners:
Eliseo Jara, Jr., H. Susan Barnett and Michael S.
Walker)
Resolutions:
e. Resolution approving the submittal of an application RES 012-07
to the California Integrated Waste Management
Board for the Waste Tire Cleanup Grant for a period
of one year (2006-2007).
f. Resolution confirming approval by the Assistant City RES 013-07
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 weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
g. Resolution dispensing with bidding under Section RES 014-07
3.20.060 of the Municipal Code for design/ build
method for power conversion at the S. Mt. Vernon
Green Waste Recycling Facility. j
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Bakersfield, California, February 7, 2007 - Page 3
3. CONSENT CALENDAR continued ACTION TAKEN
l h. Resolution opposing the list of projects RES 015-07
recommended by the State Department of
Transportation for the 2006 SR 99 Bond Program.
i. Resolution approving application proposing RES 016-07
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 552
consisting of 2.45 acres located on the north side of
Brimhall Road, west of Calloway Drive.
j. Resolution adding territory, Area 4-67 RES 017-07
(Morning/Paladino NW) to the Consolidated
Maintenance District, 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 1-67 RES 018-07
(Brimhall/Calloway NW) to the Consolidated
Maintenance District, confirming the assessments,
approving the Public Works Director's Report and
authorizing collection of assessments by the Kern
County Tax Collector.
l I. Resolution of Intention No. 1500 to order the R011500
vacation of the alley in Block 7 of Alta Vista Tract,
south of Bernard Street and west of Inyo Street.
m. Resolution of Intention No. 1501 to add territory, ROl1501
Area 3-61 (Akers/lronrock SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1502 to add territory, ROl1502
n.
Area 3-62 (Mountain Vista/Berkshire NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1503 to add territory, ROl1503
Area 4-68 (Panorama/Rivani NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
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3. CONSENT CALENDAR continued ACTION TAKEN
p. Resolution of Intention No. 1504 to add territory, R011504 J
Area 4-69 (Union/E California NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
q. Resolution of Intention No. 1505 to add territory, ROl1505
Area 4-70 (CollegeNalencia SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
r. Resolution of Intention No. 1506 to add territory, R011506
Area 5-31 (Pacheco/Cottonwood NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
s. Resolution of Intention No. 1507 to add territory, ROl1507
Area 3-63 (Harris/Old River SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
t. Resolution of Intention No. 1508 to add territory, ROl150S
Area 5-32 (Hosking/Shannon SW) to the j
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
u. Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 07-030
with Fairways at Riverlakes, L.P. for Tract AGR 07-031
6050 Phase III located at the southwest
intersection of Norris Road and Coffee Road.
2. Final Map and Improvement Agreements AGR 07-032
with Frontier Ranch, LLC for Tract 6364 AGR 07-033
Phase 3 located at the northeast corner of
Reina Road and Renfro Road.
v. Agreement with Bob Hooper ($40 monthly fee) for AGR 07-034
purposes of constructing an aircraft storage hangar.
w. Agreement with Pacific Gas and Electric
($194,893.75) to purchase 97 streetlights. AGR 07-035
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Bakersfield, California, February 7,2007 - Page 5
3.
CONSENT CALENDAR continued
ACTION TAKEN
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Environmental Impact Report Processing:
1. Agreement with Land Consulting Services,
Inc. (not to exceed $100,000) to assist the
Planning Division staff with processing
Environmental Impact Reports.
2. Appropriate $100,000 developer's
contribution to the Development Services
operating budget.
AGR 07-036
y. Agreement with KSA Partners (not to exceed REMOVED FOR
$850,000) for HOME Investment Partnership SEPARATE
(HOME) funds to develop 72 affordable family CONSIDER A TION
apartments at 1601 Lotus Lane.
z. Assignment of Regional Surface Transportation
Program (RSTP) funds:
1. Agreement with City of McFarland (payment AGR 07-038
of $277,940 to acquire $427,600 of
RSTP funds) for assignment of RSTP funds.
2. Transfer $277,940 from a Public Works
l Department's Capital Improvement Budget
(Resurfacing-Engineering) within the Capital
Outlay Fund to fund this agreement.
3. Appropriate $427,600 RSTP funds to the
Public Works Department's Capital
Improvement Budget within the ISTEA fund
for street resurfacing projects.
4. Transfer $55,400 from two Public Works
Department's Capital Improvement Projects
(Guardrail Improvement Coffee and
Reconstruct Various Streets 2005-06) and
appropriate $55,400 as the local match for
the assigned RSTP funds within the Gas
Tax Fund.
aa. Management Agreements:
1. Agreement with SMG for managing and AGR 07-039
booking services at Bright House Networks
Amphitheatre.
2. Amendment No. 1 to Agreement No. 03-098 AGR 03-098(1)
with SMG regarding management of
l Convention Center, Arena and Ice Rink.
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ACTION TAKEN
3.
CONSENT CALENDAR continued
AGR OS-28S(1)
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Amendment No. 1 to Agreement No. 05-285 with
Mountain View Bravo, LLC for Assessment District
No. 05-1 (City in the Hills) to allow developer to
receive bond proceed reimbursements for
construction improvement sooner than the existing
90 day requirement.
Amendment NO.1 to Agreement No. 04-053 (CA
03-015) with Duane Morris ($10,000 total
not to exceed $60,000) for outside legal services in
the matter before the California Public Utilities
Commission relating the railroad crossing in the
City.
AGR O4-oS3(1)
Bids:
AGR 07-040
Accept bid to award contract to A. C. Electric
($113,847) for traffic signal lighting installation
on Panama Lane at Buena Vista Road.
ee. Traffic signal and lighting system installation on
Allen Road at Palm Avenue:
dd.
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Accept bid and award contract to A-C
Electric ($144,185.65) for project.
Transfer $196,000 from the Public Works
Department's Capital Improvement Project
(Miscellaneous Transportation Construction)
to this project within the Transportation
Development Fund.
ff. Accept bid from Hi Standard Automotive
($100,163.56) for lightbars and sirens.
AGR 07-041
1.
2.
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Motion by Councllmember Couch to approve Consent
Calendar Items 3.a. through 3.ft., with the removal
of Items 3.y. for separate consideration.
APPROVED
AS HANSON
Agreement with KSA Partners (not to exceed
$850,000) for HOME Investment Partnership
(HOME) funds to develop 72 affordable family
apartments at 1601 Lotus Lane.
AGR 07-037
Motion by Councllmember Carson to approve Item 3.y.
APPROVED
AS HANSON
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Bakersfield, California, February 7,2007 - Page 7
CONSENT CALENDAR HEARINGS
ACTION TAKEN
REMOVED FOR
SEPARA TE
CONSIDER A TION
a.
General Plan Amendment/Zone Change No. 06-
2022; Mel Heinemann, representing himself,
Jack & Nuha Haddad and the City (property owners)
has applied for a general plan amendment and zone
change on approximately 40 acres located at the
southwest corner of E. Planz Road and Washington
Street (future) and on approximately 40 acres
located at the southeast corner of Cottonwood
Road and E. Berkshire Road (future).
b.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LI (Light Industrial) and HI
(Heavy Industrial) to P (Public Facilities) on
approximately 40 acres and from R-IA
(Resource-Intensive Agriculture) to HMR
(High Medium Density Residential) on
approximately 40 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map
Nos. 124-16 and 124-28 from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to
OS (Open Space) on approximately 40
acres and from A (Agriculture) to PUD
(Planned Unit Development) on
approximately 40 acres.
General Plan Amendment/Zone Change No. 05-
1887; Marino/Associates, representing Mel
Heinemann and Jack & Nuha Haddad (property
owners) has applied for a general plan
amendment and zone change on 39.29 acres
located at the southwest corner of East Planz
Road and Washington Street (future).
REMOVED FOR
SEPARATE
CONSIDER A TION
1.
2.
1.
Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) and HI
(Heavy Industrial) to HMR (High Medium
Density Residential) on 39.29 acres.
Resolution denying the amendment to Title
17 of the Municipal Code and Zone Map
No. 124-16 from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to
PUD (Planned Unit Development) on 39.29
acres.
2.
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c.
CONSENT CALENDAR HEARINGS continued
4.
d.
ACTION TAKEN
General Plan Amendment/Zone Change No. 06-
0940; Mcintosh & Associates representing
Mountain View Bravo, LLC (property owner) has
applied for a general plan amendment and zone
change on approximately 47.25 acres located along
the north side of Highway 178, east of the future
extension of Vineland Road, south of City Hills Drive
and west of Canteria Drive.
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1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
and LR (Low Density Residential) to LMR
(Low Medium Density Residential) on 47.25
acres.
RES 019-07
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map
Nos. 104-17 and 104-20 from C-2 (Regional
Commercial) to R-2/PUD (Limited Multiple
Family Dwelling/Planned Unit Development)
on 37.74 acres and R-1 (One Family
Dwelling) to R-2/PUD on 9.51 acres.
FR
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General Plan Amendment/Zone Change No. 06-
0668; Joseph Gergen, representing Church
of Christ of East Bakersfield (property owner) has
applied for a general plan amendment and zone
change on approximately 6 acres located along the
north side of Bernard Street approximately 900 feet
west of Oswell Street.
1.
RES 020-07
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HR (High Density
Residential) to HMR (High Medium Density
Residential) on 5 acres and MC (Major
Commercial) to HMR on one acre.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
103-22 from PUD (Planned Unit
Development) to R-2 (Limited Multiple
Family Dwelling) on 5 acres and R-1-CH
(One Family Dwelling/Church Combining) to
R-2 on one acre.
2.
FR
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Bakersfield, California, February 7,2007 - Page 9
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
e.
General Plan Amendment/Zone Change No. 06-
0544; Third Day Investments Group, LLC,
representing themselves, Roger C. Alfred, Michael
Hawkins, Iva Hawkins, Dark Investments,
LLC, RAM Financial Services, Inc. (property
owners) has applied for a general plan
amendment and zone change on 1 0 acres located
on the west side of Vineland Road, north and south
of Panorama Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium Density
Residential) on 10 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
104-18 from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on
10 acres.
FR
RES 021-07
2.
f.
General Plan Amendment/Zone Change No. 06-
0961; Sikand Engineering, representing Sky
21, LLC and Northeast 21 Ventures, LLC (property
owners) has applied for a general plan
amendment and zone change on 6342: acres
generally located east of Kern Canyon Road
(Highway 184) approximately 1 Y2 miles north of
Breckenridge Road, between the future
extension of Edison Road on the west and
Comanche Drive to the east.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC No. 06-0961.
RES 022-07
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4. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 4.1. continued
2. Resolution adopting the general plan RES 023-07 J
amendment changing the land use
designations from OS (Open Space), ER
(Estate Residential), R-MP (Resource-
Mineral Petroleum) and SR (Suburban
Residential) to HR (High Density Residential)
on 45 acres, HMR (High Medium Density
Residential) on 275 acres, and LR (Low
Density Residential) on 124 acres and a
General Plan Circulation Element
Amendment to re-align an arterial street
(Masterson Street/Edison Road) and re-align
a separate collector street (Chase Avenue).
3. First Reading of Ordinance amending Title FR
17 of the Municipal Code and amending
Zone Map NO.1 04-21 from RH (Residential
Holding) to R-1/PUD (One Family
Dwelling/Planned Unit Development) on 217
acres, R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 326
acres and R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 91 J
acres.
General Plan Amendment/Zone Change No. 06-
g.
1018; Cal-Kern Development III, LLC has applied for
a general plan amendment and zone change on 41
acres located on the north side of Morning Drive
approximately % mile north of the Paladino
Drive/Morning Drive intersection.
1. Resolution approving the Negative RES 024-07
Declaration and adopting the general plan
amendment changing the land use
designation from OS-S (Open Space-
Slopes) and R-MP (Resource-Minerals &
Petroleum) to LR (Low Density Residential)
on 41 acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zone Map No.1 04-07 from A (Agriculture) to
R-1 (One Family Dwelling) on 20.5 acres
and A-HD (Agriculture-Hillside
Development) to R-1-HD (One Family
Dwelling-Hillside Development) on 20.5 j
acres.
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Bakersfield, California, February 7,2007 - Page 11
4. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
l h. Public Hearing to consider an appeal by James B.
Wiens, Clifford and Brown, representing Mr. & Mrs.
Glen H. Stoller, Craig W. Stoller and Ronald R.
Lehr, of the Planning Commission decision
approving request by Marino and Associates,
representing Patricia Crawford, et al (property
owners) for Zone Change No. 06-0581 to pre-zone
20 acres from A (Agriculture) to R-S (Residential
Suburban) located on the south side of Pioneer
Drive (extended), approximately 660 feet east of
Vineland Drive.
1. First Reading of Ordinance denying the FR
appeal and adopting a Negative Declaration
and amending Title 17 of the Municipal Code
and Zone Map No. 104-32 by changing
the zoning from A (Agriculture) to R-S
(Suburban Residential) on 20 acres
generally located on the south side of
Pioneer Drive (extended) approximately 660
feet east of Vineland Road.
i. General Plan Amendment/Zone Change No. 06-
l 1692; Adavco, Inc., representing Bidart
Brothers, LLC (property owner) has applied for a
general plan amendment and zone change on
approximately 39.41 acres located on the north side
of Etchart Road, between Calloway Drive and
Coffee Road.
1. Resolution approving the Negative RES 025-07
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 39.41
acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
102-05 from E (Estate Residential) to
R-1 (One Family Dwelling) on 39.41 acres.
j. General Plan Amendment/Zone Change No. 06- REMOVED FOR
1014; The Lusich Company, representing Old River SEPARTATE
Road, LLC (property owner) has applied for a CONSIDER A TION
general plan amendment and zone change on
approximately 99.5 acres located north of
l McCutchen Road between Old River Road to the
west and Progress Road to the east.
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Bakersfield, California, February 7, 2007 - Page 12
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
Item 4.j. continued
1. Resolution approving the Negative
Declaration and adopting the general
plan amendment changing the land
use designation from R-IA
(Resource-Intensive Agriculture) to
LR (Low Density Residential) on 99.5
acres.
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2. First Reading of Ordinance approving
the Negative Declaration and
amending Title 17 of the Municipal
Code and Zone Map No. 123-29 from
A (Exclusive Agriculture) to R-1 (One
Family Dwelling) on 99.5 acres.
k. General Plan Amendment/Zone Change No. 06-
0535; Dave Dmohowski, representing John Bianchi
(property owner) has applied for a general plan
amendment and zone change on approximately
21.5 acres located at the northeast corner of Taft
Highway and Buena Vista Road.
I.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to GC (General Commercial) on
16.5 acres and OC (Office Commercial)
on 5 acres.
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RES 026-07
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zone Map No. 123-31 from A (Exclusive
Agriculture) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 16.5 acres and C-O
(Professional and Administrative Office) on 5
acres.
FR
General Plan Amendment/Zone Change No. 05-
1947; Banducci Land, LLC (property owner)
has applied for a general plan amendment and zone
change on approximately 46 acres located at the
northwest corner of Gosford Road and McKee Road
(future). An appeal of the Planning Commission
decision was submitted by Brent Dezember.
CONTINUED TO
NEXT GPA CYCLE
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Bakersfield, California, February 7, 2007 - Page 13
4.
CONSENT CALENDAR HEARINGS continued
Item 4.1. continued
ACTION TAKEN
1. Resolution approving the Negative
Declaration, upholding the appeal
modifying conditions of approval and
adopting the general plan
amendment changing the land
use designation from R-IA
(Resource-Intensive Agriculture) to
LR (Low Density Residential) on
approximately 46 acres.
2. First Reading of Ordinance approving
the Negative Declaration and
amending Title 17 of the Municipal
Code and Zone Map No. 123-32 from
A (Agriculture) to R-1 (One Family
Dwelling) on approximately 46 acres.
m.
General Plan Amendment/Zone Change No. 06-
0938; Mcintosh & Associates for Centex Homes,
representing T ommye Joe Baroncini (property
owner) has applied for a general plan amendment
and zone change on 20 acres located at the
southeast corner of Taft Highway and Ashe Road.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from RR (Rural Residential) to
LMR (Low Medium Density Residential) on
20 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
142-03 from R-S-20A (Residential
Surburan-20 acres minimum) to R-2 (Limited
Multiple-Family Dwelling) on 20 acres.
FR
RES 027-07
2.
City Clerk McCarthy announced correspondence
as received from the California Department of
Conservation, RBF Consulting and Guimarra
Vineyards regarding item 4.f. and from Banducci
Land regarding continuance of item 4.1. and the
waiver of the time limits of such continuance.
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Bakersfield, California, February 7, 2007 - Page 14
4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
Consent Calendar Hearings opened at 5:23 p.m.
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Gordon Nipp, on behalf of the Sierra Club,
requested items 4.a. and 4.j. be removed for
separate consideration.
Mayor Hall announced the removal of item 4.a.
for separate consideration would precipitate the
same action for item 4.b.
Motion by Councllmember Couch to approve Items 4.c.
through 4.1. and Items 4.k. through 4.m., with Items 4.a.,
4.b. and 4.j. removed for separate consideration.
APPROVED
AS HANSON
5. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Caden Waskom.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
b.
c.
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (4 issues)
Motion by Councllmember Couch to adjourn the
meeting to Closed Session at 5:25 p.m.
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APPROVED
AS HANSON
Motion by Councilmember Benham to adjourn from
Closed Session at 7:25 p.m.
APPROVED
AS HANSON,
WEIR
RECONVENED MEETING - 7:29 p.m.
6. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
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Bakersfield, California, February 7, 2007 - Page 15
ACTION TAKEN
7.
INVOCATION by Reverend Don Vereen, Lighthouse
Christian Ministries and Lt. Governor of Kiwanis
Division 33.
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8. PLEDGE OF ALLEGIANCE by Bethany Dominguez,
Kindergarten Student at Virginia Avenue School.
City Manager Tandy introduced the new Assistant
City Manger, Christine Butterfield.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Kimberly McGee, President of Kiwanis of
Bakersfield, proclaiming February 13, 2007, as
Kiwanis Club of Bakersfield Day.
b. Presentation by Mayor Hall of Proclamation to
Janice Horcasitas, President, American
Society of Civil Engineers Southern San Joaquin
Branch, proclaiming February 18-24, 2007,
as National Engineers Week.
10. CLOSED SESSION ACTION
a.
A TTORNEY GIVEN
DIRECTION
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Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Caden Waskom.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
c. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (4 issues)
A TTORNEY GIVEN
DIRECTION
ASS WEIR
AS HANSON
b.
Mayor Hall announced Council member Wier
excused himself from Closed Session due to a
conflict of interest on item 10.b.
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Regarding Item 5.a., City Attorney Gennaro
announced the City Council, with Vice-Mayor Hanson
absent, authorized the City Attorney to settle the claim
of Caden Waskom In an amount not to exceed $85,000.
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Bakersfield, California, February 7, 2007 - Page 16
10.
CLOSED SESSION ACTION continued
ACTION TAKEN
Regarding Item S.c. City Attorney Gennaro announced
the City Council, with Vice-Mayor Hanson absent, gave
direction to the City Manager as well as the City
Attorney, and unanimously adopted a policy statement
that Councilmember Couch, as Chairman of the Water
Board will read.
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Councilmember Couch: "This Is a statement of
position of the Bakersfield City Council concerning
contested water Issues, and It Is dated today, February
7, 2007. The City of Bakersfield and North Kern Water
Storage District have a dispute over water rights
emanating from a 1952 agreement. As a related Issue,
the City of Shatter has Initiated urbanization of a part of
the North Kern area relying upon North Kern's version
of who owns the water rights. In an attempt to resolve
the dispute, at Bakersfield's request, the parties agreed
to go to non-binding mediation over the Issue of
the differing legal opinions about the water rights.
Bakersfield prevailed on all Issues In that mediation,
most Importantly that water used for Irrigation Is
equated as an agricultural use, and that underground
water retains Its character as agricultural use. The
long term value of the Issue In question could be
Identified for discussion purposes at $3,000,000 plus or
minus, or an annual value conversion of the total
quantity of water Involved Is $160,000 plus or minus
acre feet per year. The portion proposed for use In the
Shatter development Is 12,000 acre feet per year. The
City of Bakersfield's position Is as follows:
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· First, Bakersfield will not object to a water plan by
Shatter which Is based on a new legitimate water
supply source that does not Include a real or actual use
of the contested water. The verification approved by
Shatter just yesterday, February flh, however does not
meet that test.
· Second, Bakersfield remains willing to enter Into good-
faith negotiations with North Kern on an amendment to
the 1952 agreement which would allow for sale of the
contested water for urban use. If successfully
negotiated that would resolve the Shatter Issue. We
will work diligently to that end If North Kern and Shaffer
so desire.
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Bakersfield, California, February 7, 2007 - Page 17
10.
CLOSED SESSION ACTION continued
ACTION TAKEN
. Third, Bakersfield must protect the Interest of our
taxpayers, so we cannot approve, or allow to be
approved, a water verification plan for Shatter which
would result In a real or actual use of the contested
water, which Is precisely what the approved verification
does.
. Fourth, Intervention by Shatter Into Bakersfield's
developments, which are In no way related to the water
supply Issue for Shatter's proposed development, will
not cause the Bakersfield to concede on the water
Issue. It will Instead only result In long-term litigation
that will stall quality developments In the City of
Shatter and the City of Bakersfield for many years, and
only serves to damage Innocent third parties.
. Lastly, Bakersfield prefers a conciliatory and business-
like resolution to all Issues which does not Involve
litigation. We will continue to work toward that goal.
We Invite the City of Shatter to join us In that effort. We
believe that working together we can accomplish a
positive result for all parties Involved. Given the
Importance of water to California cities and Its value,
however, the ownership of our Kern River water rights
must be defended, particularly In light of the recent
California Supreme Court case of Vineyard Area
Citizens for Responsible Growth versus the City of
Rancho Cordova. "
11. PUBLIC STATEMENTS
a. Roy Malohowski, Greater Bakersfield Legal
Assistance, Jacqueline Mears, Eric Martin,
Angelica Chappen and Roxanne Culp spoke
regarding traffic control near the Bakersfield
Homeless Center.
Councilmember Benham announced there will be
a meeting regarding traffic control near the
Bakersfield Homeless Center on Thursday,
February 15th at 1 :00 p.m., at the Homeless Center.
12. HEARINGS
a.
General Plan Amendment/Zone Change No. 06-
1037; Cornerstone Engineering, Inc.,
representing Christ Cathedral Church (property
owner) has applied for a general plan
amendment and zone change on 20 acres located
along the north side of Rosedale Highway
approximately 660 feet west of Allen Road.
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Bakersfield, California, February 7, 2007 - Page 18
12.
HEARINGS continued
Item 12.8. continued
ACTION TAKEN
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from UER (Urban Estate
Residential) to SR (Suburban Residential) on
11.54 acres and LR (Low Density
Residential) on 8.46 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
101-23 from County A (Agriculture) to E
(Estate) on 11.54 acres and R-1-CH (One
Family Dwelling/Church) on 8.46 acres.
RES 028-07
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Development Services Director Grady made staff
comments.
Hearing opened at 7:59 p.m.
Robert Lehtinen spoke in opposition to the staff
recommendation.
Darrell Whitten, Cornerstone Engineering, spoke in
support of the staff recommendation.
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Robert Lehtinen spoke in rebuttal opposition to the
staff recommendation.
Darrell Whitten, Cornerstone Engineering, spoke in
rebuttal support to the staff recommendation.
Motion by Councilmember Couch to adopt the
Resolution and give first reading to the Ordinance.
APPROVED
AS HANSON
b.
General Plan Amendment/Zone Change No. 06-
0925; Mcintosh and Associates, representing John
Glenn Carmichael, Paul Dale Carmichael, Julie
Anne Carmichael Curtis, Estate of Charlotte F.
Greer, Estate of Martha Faith Todd, Erwin Franklin
Wall, Jr., Estate of Hilton Frazier Wall, Jr., John
Richard Wall, James Pearson Wall, Jr. (property
owners) has applied for a general plan amendment
and zone change on 60 acres located at the
northeast corner of Panama Lane and South Allen
Road.
CONTINUED TO
2-28-07
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Bakersfield, California, February 7,2007 - Page 19
HEARINGS continued
Item 12.b. continued
ACTION TAKEN
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 60 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
122-24 from A-20A (Agriculture-20 acre
minimum) to R-1 (One Family Dwelling) on
60 acres.
1.
City Clerk McCarthy announced correspondence
was received from Gordon Nipp, on behalf of the
Sierra Club, regarding this item.
Development Services Director Grady made staff
comments.
Hearing opened at 8:19 p.m.
Gordon Nipp, Sierra Club, spoke in opposition to the
project.
Roger Mcintosh, Mcintosh and Associates, spoke in
favor of the staff recommendation to continue the
issue to the March 28, 2007 Council meeting.
Hearing closed at 8:25 p.m.
Motion by Councilmember Couch to continue the
matter to the March 28, 2007 Council meeting.
APPROVED
AS HANSON
CONTINUED TO
2-28-07
c.
General Plan Amendment/Specific Plan/Zone
Change No. 03-1544; Castle and Cooke,
California, Inc. (property owner) has applied for a
general plan amendment, specific plan
adoption, zone change and development agreement
approval for the West Ming project on 2,184 acres
generally located between Ming Avenue (extended)
and the Southern Pacific Railroad, Buena Vista
Road and future West Beltway.
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Bakersfield, California, February 7,2007 - Page 20
12.
HEARINGS continued
Item 12.c. continued
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan
Amendment/Specific Plan Approval/Zone
Change No. 03-1544, known as the West
Ming Project.
Resolution adopting the general plan
amendment changing the land use
designations from R-IA (Resource-Intensive
Agriculture), R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to West
Ming Specific Plan and change the Kern
River Plan Element Land Use Designations
from 8.1 (Intensive Agriculture), 8.1/2.1
(Intensive Agriculture/Seismic Hazard
Overlay), 8.4 (Mineral and Petroleum) and
2.5 (Flood Plain Overlay) to West Ming
Specific Plan and amending the Circulation
Element to change the Circulation Element
alignment of the collector roads within the
project boundaries to deviate from the
current grid pattern, re-designate White Lane
and Ming Avenue (west of South Allen Road)
from arterials to collectors as shown in the
West Ming Specific Plan.
2.
3. Resolution approving the West Ming Specific
Plan changing the existing Metropolitan
Bakersfield General Plan and the Kern River
Plan Element Land Use Elements to WM-LR
(West Ming-Low Density Residential) on 448
acres; to WM-LMR (West Ming-Low Medium
Residential) on 980 acres; to WM-HMR
(West Ming-High Medium Density
Residential) on 378 acres, to WM-HR (West
Ming-High Density Residential) on 43 acres,
to WM-GC (West Ming-General Commercial)
on 41 acres, to WM-OC (West Ming-Office
Commercial) on 9 acres, WM-MU (West
Ming-Mixed Use) on 63 acres and to WM-SU
(West Ming-Special Use) on 220 acres.
ACTION TAKEN
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Bakersfield, California, February 7, 2007 - Page 21
HEARINGS continued
Item 12.c. continued
ACTION TAKEN
4.
Resolution approving amendment to Title 17
of the Municipal Code by adopting the
West Ming Specific Plan zoning for the
project site changing the zoning to WM-R1
(West Ming One Family Dwelling) on 448
acres, WM-R2 (West Ming Limited Multiple
Family Dwelling) on 1,358 acres, to WM-R3
(West Ming Limited Multiple Family
Dwelling) on 43 acres, to WM-CO (West
Ming Professional and Administrative Office)
on 41 acres, to WM-GC (West Ming General
Commercial) on 9 acres to WM-TC (West
Ming Town Center) on 63 acres and to WM-
SU (West Ming Special Use) on 220 acres.
5. Resolution approving the Development
Agreement.
City Clerk McCarthy announce correspondence was
received from staff regarding the Development
Agreement portion of this item and also changi ng
the title of item 12.c.5., as well as the staff
recommendation. Additionally correspondence was
received from the City of Shafter regarding the item.
Development Services Director Grady made staff
comments.
Gordon Nipp, Sierra Club, spoke in opposition to the
conversion of farm land to urban uses.
Lynn Caruthers, Klein DeNatalie Goldner, on behalf
of Foothill Energy, Kevin Armonde, General
Manager of Kern Security Systems, Michelle Mize
spoke in favor of the project. Bruce Freeman,
President of Castle & Cooke California, spoke in
favor of the project and submitted written material.
Hearing closed at 8:52 p.m.
Motion by Councilmember Sullivan to continue the
Item to February 28, 2007 Council meeting.
APPROVED
AS HANSON
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Bakersfield, California, February 7,2007 - Page 22
4.
CONSENT CALENDAR HEARINGS
a.
ACTION TAKEN
General Plan Amendment/Zone Change No. 06-
2022; Mel Heinemann, representing himself,
Jack & Nuha Haddad and the City (property owners)
has applied for a general plan amendment and zone
change on approximately 40 acres located at the
southwest corner of E. Planz Road and Washington
Street (future) and on approximately 40 acres
located at the southeast corner of Cottonwood
Road and E. Berkshire Road (future).
CONTINUED TO
2-28-07
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1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LI (Light Industrial) and HI
(Heavy Industrial) to P (Public Facilities) on
approximately 40 acres and from R-IA
(Resource-Intensive Agriculture) to HMR
(High Medium Density Residential) on
approximately 40 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map
Nos. 124-16 and 124-28 from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to
OS (Open Space) on approximately 40
acres and from A (Agriculture) to PUD
(Planned Unit Development) on
approximately 40 acres.
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2.
City Clerk McCarthy announced this item is
connected to item 4.b., and Development Services
Director Grady would provide further explanation.
Development Services Director Grady and
City Manager Tandy made staff comments.
Hearing opened at 8:59 p.m.
Gordon Nipp spoke in opposition to the staff
recommendation.
Kristin Hagen, Kronick, Moskovitz, Tiedemann and
Gerard, on behalf of Mel Heinemann, and Jim
Marino, consultant for Mr. Heinemann spoke in favor
of the project.
Gordon Nipp spoke in rebuttal opposition to the staff
recommendation.
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4.
CONSENT CALENDAR HEARINGS continued
Item 4.a. continued
ACTION TAKEN
Kristin Hagen, Kronick, Moskovitz Tiedemann and
Gerard, on behalf of Mel Heinemann, and Jim
Marino, consultant for Mr. Heinemann spoke in
rebuttal support of the staff recommendation.
Hearing closed at 9:10 p.m.
Motion by Councllmember Carson to continue Items
4.a. and 4.b. to the February 28, 2007 Council meeting.
APPROVED
AS HANSON
b. General Plan Amendment/Zone Change No. 05-
1887; Marino/Associates, representing Mel
Heinemann and Jack & Nuha Haddad (property
owners) has applied for a general plan
amendment and zone change on 39.29 acres
located at the southwest corner of East Planz
Road and Washington Street (future).
1.
Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) and HI
(Heavy Industrial) to HMR (High Medium
Density Residential) on 39.29 acres.
Resolution denying the amendment to Title
17 of the Municipal Code and Zone Map
No. 124-16 from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to
PUD (Planned Unit Development) on 39.29
acres.
2.
Item continued to the February 28, 2007 Council
meeting by motion regarding Consent Calendar
Hearing 4.a.
j. General Plan Amendment/Zone Change No. 06-
1014; The Lusich Company, representing Old River
Road, LLC (property owner) has applied for a
general plan amendment and zone change on
approximately 99.5 acres located north of
McCutchen Road between Old River Road to the
west and Progress Road to the east.
1.
Resolution approving the Negative
Declaration and adopting the general
plan amendment changing the land
use designation from R-IA
(Resource-Intensive Agriculture) to
LR (Low Density Residential) on 99.5
acres.
RES 029-07
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Bakersfield, California, February 7,2007 - Page 24
4.
CONSENT CALENDAR HEARINGS continued
Item 4.j. continued
ACTION TAKEN
2.
First Reading of Ordinance approving
the Negative Declaration and
amending Title 17 of the Municipal .
Code and Zone Map No. 123-29 from
A (Exclusive Agriculture) to R-1 (One
Family Dwelling) on 99.5 acres.
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Development Services Director made staff
comments and noted corrections to condition
number twenty-two regarding agricultural mitigation.
Hearing opened at 9:15 p.m.
Gordon Nipp, Sierra Club, spoke in opposition to the
staff recommendation.
Robert Lusich, on behalf of the applicant, Old River
Road, LLC, spoke is support of the staff
recommendation and submitted written material.
Gordon Nipp, Sierra Club, spoke in rebuttal
opposition to the staff recommendation.
Motion by Councilmember Couch to approve the
Resolution and give first reading to the Ordinance
Including corrections to condition number twenty-two.
APPROVED
AS HANSON
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Hearing closed at 9:39 p.m.
13. MAYOR AND COUNCIL STATEMENTS
Councllmember Benham requested staff respond to
citizen's Inquiry regarding posting of "No Smoking"
signs In City parks.
Councilmember Benham requested staff respond to a
citizen's concerns regarding possible failure of the
Lake Isabella Dam and the feasibility of Implementing a
siren warning system.
Councllmember Benham requested Recreation and
Parks staff explore grant opportunities for the
Bakersfield Foundation.
Councllmember Benham requested Public Works staff
analyze the need for street lights In the 300 block of
Monterey Street and contact her regarding the Issue.
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Bakersfield, California, February 7,2007 - Page 25
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Benham requested Solid Waste staff
assist In preparing a response to a citizen's
suggestions regarding recycling of the sort conducted
In Ventura.
Councilmember Benham requested the Planning and
Development Committee address a citizen's request
regarding designated motorcycle parking.
Councilmember Benham reiterated she would be having a
meeting with residents of the Homeless Center on
Thursday, February 15th at 1 :00 p.m., at the Homeless
Center. Additionally she will meet with residents of the 21 st
Street area in the Public Works Conference Room on
Tuesday, February 13th at 3:30 p.m.
Councilmember Couch requested the Legislation and
Litigation Committee review the status of the RFP for
claims administration and bill review.
Councilmember Couch requested future Certificates of
Recognition from the Council have more
embellishment.
Councilmember Couch requested the Planning and
Development Committee review the
posslbillty/feaslbl/ity of placing restrictions or
constraints on home additions.
Councllmember Couch requested the City Attorney
take appropriate action relating to a letter from the City
of Newport Beach regarding the density of group
homes.
Councilmember Carson requested staff respond to a
sewer problem at 1510 Antonia Way.
Councilmember Carson requested Public Works
information regarding the completion of the sewer
near East Brundage. Public Works Director Rojas
responded.
furnish
project
Councilmember Sullivan requested staff explore
Incentives that would encourage citizens to participate
In the blue can recycling program.
Councilmember Scrivner requested the Budget and
Finance Committee review the recycling program.
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Bakersfield, California, February 7,2007 - Page 26
13.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Scrivner requested the Safe
Neighborhoods Committee explore utilizing the
services of a company that tracks tag lines.
Councllmember Scrivner requested the Legislation and
Litigation Committee consider modifications to the
Fireworks Ordinance.
Councilmember Scrivner requested staff make a
presentation to the Planning and Development
Committee regarding policy and plans for agricultural
long-term developments Including the West Mlng area.
Councllmember Scrivner requested the Planning and
Development Committee host developers Interested In
developing County parcel number 14717003, to hear
concerns relating to sewer connection Issues.
14. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:53 p.m..
MAYOR of the City of Bakersfield, J\
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
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