HomeMy WebLinkAbout11/28/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 28, 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 (seated at 6:00 p.m.),
Hanson, Sullivan (seated at 5:25 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
a. Jim Baldwin, President of Bakersfield Association
for Retarded Citizens, thanked the Council for
supporting his organization.
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b. Jim Lamberson spoke regarding item 4.tt.
3.
APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 7,2007
Regular City Council Meeting.
Payments:
b.
Approval of department payments from October 26,
2007 to November 15, 2007 in the amount of
$14,695,607.42 and self-insurance payments from
October 26, 2007 to November 15, 2007 in the
amount of $278,634.58.
AS WEIR
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Bakersfield, California, November 28, 2007 - Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
Ordinances: J
c. Adoption of Ordinance amending Section 17.06.020 ORD 4475
(Zone Map No. 142-04) of Title Seventeen of the
Municipal Code by changing the zoning from R-
1/P.U.D. (One-Family Dwelling/Planned Unit
Development) to R-2 (limited Multiple-Family
Dwelling) on two parcels totaling 106.08 acres,
located at the northwest corner of Ashe Road and
Engle Road for purposes of single family residential
development (ZC 07-1370 - Mcintosh & Associates
representing Coronel, LLC c/o Santa Barbara
Capital)
d. Adoption of Ordinance amending Section ORD 4476
17.06.020 (Zone Map No. 142-03) of Title
Seventeen of the Municipal Code by changing
the zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2
(limited Multiple-Family Dwelling) on
two parcels totaling 75.70 acres, located at the
northwest corner of Romero Road and
Mountain Ridge Drive for purposes of single
family residential development (ZC 07- J
1371 - Mcintosh & Associates representing M P
Romero Separate Property Trust and the
Sullivan Family Trust c/o Arache, Clark and Potter)
e. Adoption of Ordinance approving a Negative ORD 4477
Declaration and amending Section 17.06.020
(Zone Map No.1 04-20) of Title Seventeen of the
Municipal Code by changing the zoning from
R-S-2.5A to R-1-CH on 7.76 acres generally
located at the northwest corner of future Vineland
Road and State Route 184 (Kern Canyon Road)(ZC
07-0691 - John F. May, representing Rio Bravo
Valley Baptist Church)
f. Adoption of Ordinance amending Section 17.06.020 ORD 4478
(Zone Map NO.1 03-31) of Title Seventeen of the
Municipal Code by changing the zoning from R-3
(Multiple-Family Dwelling - 1,250 sq ft/dwelling unit)
to C-2 (Regional Commercial) on 4,600 square feet
generally located on the east side of Chester
Avenue, south of 2nd Street for purposes of
commercial development. (ZC 07-1114 - Porter
Robertson Engineering representing Donald and
Marilyn Simpson) .J
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CONSENT CALENDAR continued
Bakersfield, California, November 28, 2007 - Page 3
461
g.
Adoption of Ordinance amending Section 10.08.020
of the Bakersfield Municipal Code regarding the
Central Traffic District.
h.
Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Sections 34090 et.
seq. of the government code of the State of
California - Finance Department.
i. McDonald Sewer Project Connection Fee
1.
Resolution confirming assessments for
sewer connection fee including the
construction fee and authorizing the
collection of assessments by Kern County
Tax Collector.
2. Agreements to pay sewer connection and
construction fee in installments and notice
of special assessment lien with:
a.
William L. Lamas, 220 N. Stine Road
b.
Keith E. Gregoire & Paula G.
Gregoire, 104 Dunlap Street
Rawland L. Sorensen, 120 Dunlap
Street
c.
j. McDonald Sewer Project Construction Fee
1.
Resolution confirming assessments for
sewer construction fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
2. Agreement to pay sewer construction fee in
installments and notice of special
assessment lien with:
a.
Robert L. Hockett and Gene I.
Hockett, 144 Suzanne Street
ACTION TAKEN
ORD 4479
RES 246-07
RES 247-07
AGR 07-389
AGR 07-390
AGR 07-391
RES 248-07
AGR 07-392
468
Bakersfield, California, November 28, 2007 - Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
k. Sewer main line in McCutcheon Road between J
Mountain Ridge Drive and Stine Road
1. Resolution dispensing with bidding RES 249-07
procedures due to emergency sewer
abandonment in McCutcheon Road between
Mountain Ridge Drive and Stine Road,
not to exceed $110,000
2. Agreement with Teichert Construction AGR 07-393
Company ($105,830) to abandon 33-inch
sewer line.
3. Appropriate $110,000 Sewer Enterprise
Fund balance to the Public Works
Department's Capital Improvement budget.
I. Property Abatements
1. Resolution confirming approval by the RES 250-07
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 j
against entry or for the abatement of weeds,
debris and waste matter and authorize
collection of the assessments by the Kern
County Tax Collector.
2. Resolution confirming approval by the RES 250-07
Assistant City Manager of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties for which
dangerous buildings have been demolished
and authorize collection of assessments
by the Kern County Tax Collector.
m. Resolutions adding the following territories 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.
1. Area 1-78 (Brimhall, Calloway NW #2) RES 251-07
2. Area 5-41 (S. Union, E. Planz NW) RES 252-07
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Bakersfield, California, November 28, 2007 - Page 5
4. CONSENT CALENDAR continued ACTION TAKEN
l n. Resolution approving applications proposing
proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 491 consisting of 40.27 RES 253-07
acres, located on the east side of Jewetta
Avenue, north of Snow Road.
2. Annexation No. 551 consisting of 0.85 acres, RES 254-07
located on the east side of Cottonwood
Road, south of East White Lane.
o. Resolution of Intention No. 1573 to order vacation of ROl1573
a 20 foot wide sewer line easement at the southeast
corner at the intersection of Stine Road and White
Lane.
Resolution of Intention No. 1566 to order the ROl1566
p.
vacation of the 7.25 foot wide strip of land on
the Northeast corner of "M" Street and California
Avenue and "0" Street between California
Avenue and 14th Street and 13th Street between "N"
Street and "P" Street and "P" Street south of 13th
l Street and 198.41 foot long, and 20 foot wide alley
north of California Avenue between "N" Street and
"0" Street and a 33 foot wide alley north of
California Avenue and between "0" Street and "P"
Street.
q. Resolution of Intention No. 1575 to order the ROl1575
vacation of an18 foot wide Waiver of Direct
Access on Jewetta Avenue north of Birchhaven
Avenue.
r. Resolution of Intention No. 1576 to add territory, ROl1576
Area 3-76 (Panama, Progress SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
s. Resolution of Intention No. 1579 to order the ROl1579
vacation of a portion of the 20 foot wide alley
between "a" Street and "R" Street and south of 23rd
Street.
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Bakersfield, California, November 28, 2007 - Page 6
4. CONSENT CALENDAR continued ACTION TAKEN
t. Minimum Wage Salary Adjustments - Temporary J
Salaries
1. Amendment No. 16 to Resolution No. 44-93 RES 44-93(16)
setting salaries and related benefits for
the Temporary Unit.
Agreements:
u. Proposed Improvements at Rabobank Arena
1. Agreement with Rossetti Associated, Inc. AGR 07-394
($40,000) to conduct a feasibility study.
2. Appropriate and transfer $40,000 Transient
Occupancy Taxes fund balance to the
Capital Improvement Budget within the
Capital Outlay Fund to conduct a feasibility
study for proposed improvements at
Rabobank Arena.
v. Improvement Agreements
1. Improvement Agreement with David R. AGR 07-395
Wilson for Parcel Map 11671 located on the j
north side of Brimhall Road west of Calloway
Drive.
2. Amendment NO.1 for Improvement AGR 06-146(1)
Agreement 06-146 with Ennis Homes, Inc.
for Tract 6056 Phase 6 located east of
Jewetta Avenue and North of Reina Road.
w. Agreement with Bethany Services ($61,880) of AGR 07-396
Emergency Shelter Grant (ESG) funds to support
the operating costs necessary to continue services
at the Bakersfield Homeless Center, 1600 East
Truxtun Avenue.
Agreement with Alliance Against Family Violence AGR 07-397
x.
and Sexual Assault ($15,200) of Emergency Shelter
Grant (ESG) funds to support the operating costs
necessary to continue services.
y. Agreement with Bakersfield Senior Center, Inc. AGR 07-398
($65,000) of Community Development Block
Grant funds for operational expenses at 530 4th
Street. J
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Bakersfield, California, November 28, 2007 - Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
l z. Agreement with Fore J. Development, LLC AGR 07-399
($308,000) for the purchase of real property DEED 6805
located at the southwest corner of Hosking Road
and State Highway 99.
aa. Reimbursement Agreement with Kern County Water AGR 07-400
Agency (KCW A){$1,300,000.00) to install 30-inch
Waterline in Auburn Street. (TRIP)
bb. Amendment No.1 to Agreement No. 05-348 AGR 05-348(1)
increasing total compensation to Dresser
Services, Inc. ($15,000; revised not to exceed
amount of $65,000) for asbestos survey
reports.
cc. Amendment No. 1 to Agreement No. 06-344 with AGR 06-344(1)
Valley Business Printers, Incorporated
($60,000.00; revised not to exceed $120,000.00)
and extending the term one (1) year) for
printing Recreation Brochure for the Recreation and
Parks Department.
dd. Amendment No. 1 to Agreement No. 06-345 with AGR 06-345(1)
l Valley Pacific Petroleum Services, Incorporated
($4,000,000.00; revised not to exceed
$8,000,000.00 and extending the term
for one (1) year for Gasoline and Diesel Fuel.
ee. Amendment No.3 to Agreement No. 05-246 with AGR 05-246(3)
Hargis and Son ($140,000.00; revised not to exceed
$380,000.00 and extending term for one year) for
biosolids hauling and spreading.
ft. Contract Change Order No. 1 to Agreement No. 06- AGR 06-347 CC01
347 with Teichert Construction ($68,140.68; revised
not to exceed $3,255,255.68) for the project known
as 72" Sewer Construction WWTP #2 to Redbank
Road.
gg. Contract Change Order No.1 to Agreement No. 07- AGR 07-369 CC01
369 with B.V. Construction ($25,187.00; revised not
to exceed $196,647.00) for the project known as
City Farm Irrigation Line Relocation.
hh. Contract Change Order No.4 to Agreement No. 07- AGR 07-028 CC04
028 with Wallace and Smith Contractors
($17,422.23; revised not to exceed $3,361,087.09)
l for Fire Station No. 5 and Police Satellite Office
Project.
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Bakersfield, California, November 28, 2007 - Page 8
4. CONSENT CALENDAR continued ACTION TAKEN
ii. 2008 Health Care Contracts: J
1. Amendment No.2 to Agreement No. 05-414 AGR 05-414(2)
with Blue Cross of California for
Indemnity Health and Dental Services.
2. Amendment NO.2 to Agreement No. 05-415 AGR 05-415(2)
with Blue Cross/California Care Health
Plans for Medical Services for employees
and retirees.
3. Amendment NO.2 to Agreement No. 05-416 AGR 05-416(2)
with Blue Cross of California for the
Medicare Risk Plan Senior Secure.
4. Amendment NO.2 to Agreement No. 05-417 AGR 05-417(2)
with Kaiser Permanente-Managed Care
Health Plan for medical services for
employees.
5. Amendment NO.2 to Agreement No. 05-418 AGR 05-418(2)
with Kaiser Permanente-Managed Care
Health Plans for Medical Services for
retirees. J
6. Amendment NO.2 to Agreement No. 05-419 AGR 05-419(2)
with Medical Eye Services (MES) for Vision
Services.
7. Amendment No.2 to Agreement No. 05-420 AGR 05-420(2)
with Pacific Union Dental for pre-paid
Dental Services.
8. Amendment NO.2 to Agreement No. 05-421 AGR 05-421(2)
with Dedicated Dental Systems, Inc. for
pre-paid Dental Services.
9. Amendment NO.2 to Agreement No. 05-422 AGR 05-422(2)
with PacifiCare Behavioral Health of
California for Employee Assistance Program
(EAP).
10. Amendment NO.2 to Agreement No. 05-423 AGR 05-423(2)
with PacifiCare Behavioral Health of
California for Emotional Health Care
Services.
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Bakersfield, California, November 28, 2007 - Page 9
473
CONSENT CALENDAR continued
Item 4.ii.11.
11.
Amendment No. 1 to Agreement No. 06-337
Independent Contractors Agreement
with Fort Dearbon Life Insurance Company
for Employee Life Insurance.
Bids:
jj.
Accept bid to award contract to Bakersfield Well and
Pump Company ($1,130,145.00) for drilling and
pump testing three domestic wells; CBK 53 located
within Tract 6328 in the vicinity of Panama Lane and
Mountain Vista Dr; CBK 54 located within Tract
6167 in the vicinity of Old River Rd, and Pacheco
Rd; and, CBK 55 located within Tract 6329 in the
vicinity of Harris Road and Old River Road.
kk.
Accept bid to award contract to Parsam
Construction ($755,500.00) for two domestic water
well block pumphouses; CBK-47 located at 8907
Rockefeller Ct., and CBK-49 located at 5700
Entrada Del Aqua.
II.
Accept bid to award contract to Parsam
Construction ($654,000.00) for two domestic water
well block pumphouses; Olcese 1 located at 16620
Panama Lane and Olcese 2 located at 17610
Panama Lane.
mm. Accept bid from Jim Burke ($359,503.82) for three
(3) replacements and one (1) additional stencil paint
truck for the General Services Division.
nn.
Accept bid to award contract to Bakersfield Floor
Covering, Inc. ($44,924.50) for Carpet and Tile for
the Borton Petrini Building, 1 st Floor.
00. Accept bids from Broadway ($68,982.90) and West
Covina Motors, Inc. ($17,832.46) for two (2)
replacement and three (3) additional pickup trucks
(various departments). (Total of bids $86,815.36).
pp. Accept bid from Jim Burke Ford ($513,751.83) for
fourteen (14) replacement and eight (8) additional
four-door police special sedans for the Police
Department.
ACTION TAKEN
AGR 06-337(1)
AGR 07-401
AGR 07-402
AGR 07-403
AGR 07-404
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Bakersfield, California, November 28, 2007 - Page 10
ACTION TAKEN
4.
CONSENT CALENDAR continued
Miscellaneous:
qq. Revised job specifications for GIS Analyst and
Network Systems Analyst.
rr. Transfer and appropriate $619,000 from the Old
Town Kern, Operating Fund to the Low-Mod
Housing Fund for the acquisition of property located
at 508 18th Street for the future development of
affordable housing.
ss. Community Development Block Grant and HOME
Investment Partnership Action Plan Amendment No.
2 (FY07/08) and Amendment NO.3 (FY06/07).
tt.
General Plan Amendment/Zone Change 06-0494;
Mcintosh and Associates, representing Douglas
De Berti and Sandye Deberti (property owner) has
applied for a general plan amendment and zone
change on 60 acres located on the east side of
Edison Road (future), Y2 mile north of Breckenridge
Road.
1.
Resolution denying the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to LR
(Low Density Residential) on 60 acres.
2. Resolution denying the amendment to Title
17 of the Municipal Code and amendment
to Zoning Map No. 104-28 from A
(Agriculture) to R-1 (One Family Dwelling) on
60 acres.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
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CONTINUED TO NEXT
GPA CYCLE
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Bakersfield, California, November 28, 2007 - Page 11
475
4.
CONSENT CALENDAR continued
City Clerk McCarthy announced a correction to
Consent Calendar item4.cc. changing the
amount to read $120,000, a correction to item
4.ii. to read, at the recommendation of the
Personnel Committee, "City Council approve the
agreements as recommended by staff with a thirty
day extension for the noted Blue Cross and Kaiser
agreements", item 4.ss. to read, "appropriate
$200,000.00 Home Investment Partnership Prior
Year Program Income to the Economic and
Community Development Operating Budget with
the home fund and with a notice of
correspondence received from Mr. Lamberson
regarding item 4.tt. in opposition to the staff
recommendation to continue the item.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 4.a. through 4.tt with corrections
announced by City Clerk McCarthy.
5. CONSENT CALENDAR HEARINGS
a.
General Plan AmendmenVZone Change 07-1218;
Aaron Hashim, representing The Davis Family Trust
(property owner), has applied for a general plan
amendment and zone change on 22.46 acres,
located at the northwest corner of Gosford Road
and Berkshire Road (future alignment).
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HMR (High Medium
Density Residential) to DC (Office
Commercial) on 22.46 acres.
2.
First reading of Ordinance approving the
Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-29) of Title
Seventeen of the Municipal Code by
changing the zoning from R-2 (Limited
Multiple Family Dwelling Zone) to C-O/PCD
(Professional and Administrative
Office/Planned Commercial Development
Zone) on 22.46 acres.
ACTION TAKEN
APPROVED
AS COUCH
RES 255-07
FR
476
Bakersfield, California, November 28, 2007 - Page 12
5.
CONSENT CALENDAR HEARINGS
b.
General Plan Amendment/Zone Change 07-1365;
Carl R. Moreland, representing Banducci Land, LLC
(property owner) has applied for a general plan
amendment and zone change on 45.4 acres,
located at the northwest corner of Gosford Road
and the future McKee Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource - Intensive
Agriculture) to LI (Light Industrial) on 45.4
acres.
2.
First Reading of Ordinance approving the
Negative Declaration, amending Title 17
of the Municipal Code and amending
Zoning Map No. 123-32 from A
(Agriculture) to M-1 (Light Manufacturing)
on 45.4 acres.
c.
General Plan Amendment 07-1373; the City has
applied for a general plan amendment to
incorporate two (2) additional policy statements in
the Land Use element.
1.
Resolution approving the Notice of
Exemption and adopting the proposed
amendments to the Land Use element of
the Metropolitan Bakersfield General
Plan.
d. General Plan Amendment/Zone Change No. 07-
1535; the City has applied for a general plan
amendment and zone change on approximately
19.47 acres located along the south side of State
Route 178, east of Canteria Drive.
1.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment changing the land use
designation from HMR (High Medium
Density Residential) and MUC (Mixed Use
Commercial) to OS-P (Parks and
Recreation) on 19.47 acres.
ACTION TAKEN
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RES 256-07
FR
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RES257-o7
RES 258-07
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Bakersfield, California, November 28, 2007 - Page 13
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5.
CONSENT CALENDAR HEARINGS continued
Item S.d. continued
2.
First Reading of Ordinance approving the
Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning
Map No.1 04-07 from R-S-2.5A
(Residential Suburban - 2.5 acre minimum
lot size) to RE (Recreation) on 19.47
acres.
e. General Plan Amendment 07-1469; the City has
applied for a general plan amendment to amend the
circulation map, located along Dr. Martin Luther
King Jr. Boulevard between East California Avenue
and East Brundage Lane.
1.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment changing the circulation
designation from an Arterial to a Collector
segment for Dr. Martin Luther King Jr.
Boulevard between East California
Avenue and East Brundage Lane.
f.
General Plan Amendment/Zone Change 05-1420;
Bakersfield-Taft, LLC (property owner) has applied
for a general plan amendment and zone
change on 313:i: acres generally located in the
southwestern portion of Metropolitan Bakersfield
and it generally bounded by State Route 119 (SR-
119) (Taft Highway) on the north, Curnow Road to
the south, Old River Road to the east and Buena
Vista Road to the west.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan
Amendment/Zone Change No. 05-1420.
Resolution adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on approximately 235 acres and from R-IA to
LMR (Low Medium Density Residential) on
approximately 78 acres.
2.
ACTION TAKEN
FR
RES 259-07
RES 260-07
RES 261-07
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Bakersfield, California, November 28, 2007 - Page 14
5.
CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 5.f. continued
3. First Reading of Ordinance amending Title FR j
17 of the Municipal Code and amending
Zoning Map No. 142-06 from A (Agriculture)
to R-1 (One Family Dwelling) zone on
approximately 235 acres and A to R-2
(Limited Multiple Family Dwelling) zone on
approximately 78 acres.
g. General Plan Amendment/Zone Change 06-2053; REMOVED FOR
East West Developers, representing Malladi S. SEPARATE
Reddy (property owner) has applied for a general CONSIDER A TION
plan amendment and zone change on
approximately 4.59 acres located on the northwest
corner of Alfred Harrell Hwy. and State Route 178.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
GC (General Commercial) on 4.59 acres.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning :}
Map No. 104-15 from R-1 (One Family ..J
Dwelling) to C-1/PCD (Neighborhood
Commercial/Planned Commercial
Development) on 4.59 acres.
h. General Plan Amendment 07-0619; Mcintosh &
Associates, representing Grubb Ellis-ASU &
Associates, has applied for a general plan
amendment on approximately 30 acres located
west of Old River Road, east of Green Road, and
approximately 1500 feet north of Taft
Highway.
1. Resolution approving the Negative RES 262-07
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential)
on approximately 30 acres.
City Clerk McCarthy announced correspondence
was received from staff regarding a modification to
the condition on item 5.1. J
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Bakersfield, California, November 28, 2007 - Page 15
5.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
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Hearings opened at 5:24 p.m.
No one spoke.
Councilmember Weir requested item 5.g. be
removed for separate consideration.
Hearings 5.a. through 5.h., with the removal of item
5.g. for separate consideration.
Motion by Vice-Mayor Hanson to approve staff
recommendations for Consent Calendar Hearing items
5.a. through 5.h., with the removal of item 5.g. for
separate consideration.
APPROVED
6. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:25 p.m.
APPROVED
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Motion by Councilmember Scrivner to adjourn from
Closed Session at 6:34 p.m.
APPROVED
RECONVENED MEETING - 7:03 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham,
Weir, Couch, Sullivan, Scrivner
Absent:
None.
8. INVOCATION by Pastor Dennis A. Wells, Solid Rock
Baptist Church.
9. PLEDGE OF ALLEGIANCE by J.D. Houchin, 5th grade
student at Stockdale Christian School.
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Bakersfield, California, November 28, 2007 - Page 16
10.
CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section
54957.6.
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Ann
Olcott, Co-Chair of Bakersfield Masterworks Chorale
75th Anniversary Performance of Handel's Messiah,
proclaiming December 1 , 2007 as "Bakersfield
Masterworks Chorale Day".
Ann Olcott accepted the Proclamation and made
comments. Additionally, Dr. Phil Dodson presented
a photograph of the original program from 1742 to
Mayor Hall.
12. PUBLIC STATEMENTS
a. Hector Rivas, Michael VanderNat and Timothy
Vance spoke regarding foreclosures, the HBPA and
provided written material.
b.
Ricardo Sedeno spoke regarding Social Security
Number Applications, Department of Motor Vehicle
Applications and prior addresses.
c. Laauette Milner spoke regarding the upcoming
shows and fundraisers for La's Performing Arts
Center.
d. Audrey Chavez spoke regarding World Aids Day.
e. Adrian Moore spoke regarding transportation
funding needs in the Greater Bakersfield Area.
13. REPORTS
None.
14. HEARINGS
a.
General Plan Amendment and concurrent Zone
Change 02-0030; Castle and Cooke California
Commercial-CA Inc (property owner) has applied for
a general plan amendment, and concurrent zone
change on 73.53 acres located on the west side of
Gosford Road, between Pacheco Road on the
north, and Harris Road on the south for
development of the Gosford Village Shopping
Center.
ACTION TAKEN
NO REPORTASLE
ACTION
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Bakersfield, California, November 28, 2007 - Page 17
481
HEARINGS continued
Item 14.8. continued
1.
Resolution certifying the Final Environmental
Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0030,
known as the Gosford Village Shopping
Center and adopting related Findings of
Fact, Statement of Overriding
Considerations, and Mitigation Monitoring
and Reporting Program.
Resolution adopting the general plan
amendment changing the land use
designation from SI (Service Industrial) to
GC (General Commercial) designation on
73.53 acres.
2.
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 123-20 from M-2 (General
Manufacturing) to a PCD (Planned
Commercial Development) to allow
development of a commercial retail shopping
center of a maximum of 700,000 square feet
multiple tenant shopping center on
73.53 acres.
City Clerk McCarthy announced Correspondence
was received from Staff regarding a correction to
Condition No. 23. Additionally, correspondence was
received regarding Hearing item 14.a., reflecting
nine people in support of the project and three
people opposing the project.
Councilmember Couch announced he would abstain on
Hearing items 14.a. and 14.b. due to a potential and
foreseeable financial affect on his economic Interest.
Development Services Director Grady made staff
comments.
Hearing opened at 7:36 p.m.
Renee Nelson and Ramona Thomas spoke in
opposition to the staff recommendation.
ACTION TAKEN
RES 263-07
RES 264-07
FR
482
Bakersfield, California, November 28, 2007 - Page 18
14.
HEARINGS continued
Item 14.8. continued
Roger Mcintosh, Mcintosh & Associates, on behalf
of Castle & Cooke Commercial California, Mary
Jane Wilson, President, WZllnc. (submitted written
material), Aaron Rios, Senior Manager of Public
Affairs for Walmart, Moses Stites, CalTrans
Department of Transportation, Debbie Kent and Irvin
Roach spoke in favor of the staff recommendation.
Hearing closed at 8:01 p.m.
Motion by Vice-Mayor Hanson: "General Plan
Amendment and Concurrent Zone Change 02-0030,
Castle & Cooke California Commercial, California Inc.,
the property owner, has applied for a General Plan
Amendment and a Concurrent Zone Change of 73.53
acres located on the west side of Gosford Rd., between
Pacheco Rd. on the north and Harris Rd. on south, for
development of the Gosford VII/age Shopping Center.
My motion Is to approve the Resolution certifying the
Final Environmental Impact Report for General Plan
Amendment and Zone Change number 02-0030 known
as the Gosford VII/age Shopping Center and adopting
the related Findings of Fact, Statement of Over-Riding
Considerations and Mitigation Monitoring and
Reporting Program. Two: Resolution adopting the
General Plan Amendment changing the land use
designation from Service Industrial to General
Commercial designation on 73.53 acres. Three: First
Reading of Ordinance amending Title 17 of the
Municipal Code and amending Zoning Map number
123-20 from M-2 General Manufacturing to a Planned
Commercial Development to allow development of a
commercial retail shopping center of a maximum of
700,000 square feet multiple tenant shopping center on
73.53 acres and Incorporating the November 27, 2007
memo from Stan Grady to the Mayor and City
Councllmembers. "
Recess taken from 8:13 p.m. to 8:24 p.m.
City Clerk McCarthy announced the official vote for
the last item, 14.a. was six ayes with
Council member Couch absent.
ACTION TAKEN
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APPROVED
AS COUCH
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14.
Bakersfield, California, November 28, 2007 - Page 19
483
HEARINGS continued
b.
General Plan Amendment and concurrent Zone
change 02-0193; Panama 99 LLC (property
owner) has applied for a general plan amendment
on 36.94 acres, and concurrent zone change on
37.52 acres located on the east side of State Route
99 and north side of Panama Lane, for the
development of the Panama Lane Shopping Center.
1.
Resolution certifying the Final Environmental
Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0193,
known as the Panama Lane Shopping
Center, adopting related Findings of Fact,
Statement of Overriding considerations
and Mitigation Monitoring and Reporting
Program
2.
Resolution adopting the general plan
amendment changing the land use
designations from LR (Low Density
Residential) on 33.94 acres, and OS-P
(Open Space-Park) on 3 acres to a GC
(General Commercial) designation.
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 123-24 from MH (Mobile
Home) zone on 36.94 acres and 0.58 acres
from a C-2 (Regional Commercial) zone to a
PCD (Planned Commercial Development), to
allow development of a 434,063 square foot
commercial multiple
tenant retail shopping center 37.52 acres.
City Clerk McCarthy announced correspondence
was received regarding Hearing item 14.b.,
reflecting nine people in support of the project and
three people opposing the project.
Development Services Director Grady made staff
comments.
Hearing opened at 8:38 p.m.
Renee Nelson spoke in opposition to the staff
recommendation and provided written material.
ACTION TAKEN
RES 265-07
RES 266-07
FR
484
Bakersfield, California, November 28, 2007 - Page 20
14.
HEARINGS continued
Item 14.b. continued
Lee Jamison, Developer of the Panama & Hwy. 99
Shopping Center, Mary Jane Wilson, President, WZI
Inc. (requested the letter she submitted for the
previous hearing be included in the record for this
hearing), Aaron Rios, Senior Manager of Public
Affairs for Walmart (requested the comments he
made for the previous hearing be included as part of
the record for this hearing), Moses Stites, CalTrans
Department of Transportation and Harry Fenske,
White Lane Walmart Manager.
Renee Nelson spoke in rebuttal opposition to the
staff recommendation.
Harry Fenske, White Lane Walmart Manager, spoke
in rebuttals support of the staff recommendation.
Hearing closed at 9:04 p.m.
Motion by Councllmember Scrivner: "I move that this
Council approves the staff recommendation, which is
the adoption of a Resolution certifying the Final EIR,
adopting Findings of Fact, Statement of Overriding
Considerations and the Mitigation Monitoring and
Reporting Program, and adoption of a Resolution
approving proposed General Plan Amendment and
First Reading of the Ordinance."
c. General Plan Amendment/Zone Change 07-1193;
Mcintosh & Associates, representing Fairfax
Holdings LP (property owner) has applied for a
general plan amendment and zone change on 78.64
acres located at the northeast corner of South
Fairfax Road and East Wilson Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation for ER (Estate Residential), SR
(Suburban Residential), and RR (Rural
Residential) to LR (Low Density Residential)
on 78.64 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of
Title Seventeen of the Bakersfield
Municipal Code to R-1 (One Family Dwelling
Zone) on 78.64 acres.
ACTION TAKEN
j
APPROVED
AS COUCH
J
RES 267-07
FR
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t.. ..
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14.
Bakersfield, California, November 28, 2007 - Page 21
485
HEARINGS continued
Item 14.c. continued
Staff comments by Development Services Director
Grady.
Hearing opened at 9:12 p.m.
Roger Mcintosh, McIntosh & Associates, on behalf
of Fairfax Holdings, LP, spoke in support of the staff
recommendation.
Hearing closed at 9:13 p.m.
Motion by Councilmember Carson to approve the staff
recommendation adopting the Resolution approving
the Negative Declaration and the proposed General
Plan Amendment and give First Reading to the
Ordinance.
d.
General Plan Amendment/Zone Change 05-1580
(Ten Section), Jim Manley, representing 10 Section
LLC (property owner) has applied for a general plan
amendment and zone change on 220-acres located
on the south of Panama Lane and east of Nord
Avenue. Jim Manley has appealed the Planning
Commission decision.
1. Resolution denying the appeal and the
general plan amendment changing the land
use designation from R-MP (Resource-
Mineral and Petroleum) and OS (Open
Space) to LR (Low Density Residential) on
220-acres.
2. Resolution denying the appeal and the Zone
Change from A (Exclusive Agriculture)
to R-1 (One Family Dwelling) on 220-acres.
City Clerk McCarthy announced correspondence
was received from James M. Manley, requesting the
tern be continued to the first available General Plan
Cycle.
Staff comments by Development Services Director
Grady.
Hearing opened at 9:16 p.m.
No one spoke.
Hearing closed at 9:16 p.m.
ACTION TAKEN
APPROVED
ASS COUCH
CONTINUED TO FUTURE
GPA CYCLE
486
Bakersfield, California, November 28, 2007 - Page 22
14.
HEARINGS continued
Item 14.c. continued
Motion by Vice-Mayor Hanson to continue the Item to
the next available GPA Cycle.
5.
General Plan AmendmenVZone Change 06-2053;
East West Developers, representing Malladi S.
Reddy (property owner) has applied for a general
plan amendment and zone change on
approximately 4.59 acres located on the northwest
corner of Alfred Harrell Hwy. and State Route 178.
g.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
GC (General Commercial) on 4.59 acres.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-15 from R-1 (One Family
Dwelling) to C-1/PCD (Neighborhood
Commercial/Planned Commercial
Development) on 4.59 acres.
1.
Staff comments by Development Services Director
Grady.
Hearing opened at 5:24 and continued to 9: 18 p.m.
Carl Moreland, Civil Engineer, on behalf of East
West Developers, spoke in favor of the project.
Hearing closed at 9:19 p.m.
Motion by Councilmember Weir to adopt the Resolution
approving the Negative Declaration, adopting the
General Plan Amendment changing the land use
to designation ER to GC, proceed and give First
Reading to the Ordinance approving the Negative
Declaration amending Title 17 of the Municipal Code
and amending Zoning Map 104-15 from R1 to C1 on
4.59 acres, with the addition of a condition that prior to
issuance of a building permit final site plan
approval, Including building elevations and
landscaping shall be reviewed at an advertised public
hearing before the City Council and shall Include
design elements an building placement within an
Internal focus for building access and circulation.
ACTION TAKEN
APPROVED
ASS COUCH
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RES 268-07
FR
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APPROVED
ASS COUCH
J
15.
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16.
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487
Bakersfield, California, November 28, 2007 - Page 23
NEW BUSINESS.
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested the Legislation and
Litigation Committee address the Ordinance
regarding massage and massage parlors and provided
a citizen letter concerning the subject.
Councilmember Scrivner requested the Legislation and
Litigation Committee address the issue of big rig
parking within the City limits and analyze the feasibility
of increasing fines so the fine amount exceeds the cost
of legal parking in the City.
Councilmember Benham requested staff respond to a
citizen letter regarding downtown Christmas lights and
provided contact information.
Councilmember Benham requested staff respond to a
citizen letter regarding dust in a neighborhood and
provided contact information.
Councilmember Benham requested staff respond to
correspondence regarding an RFP for Worker's
Compensation Insurance and keep her apprised of the
situation.
Councilmember Carson reminded everyone of the Joint
City/County Gang Meeting tomorrow at 10:00 a.m. in City
Hall.
Councilmember Carson requested information from
EDCD staff regarding the status of Enterprise Zones.
Vice-Mayor Hanson requested Chief Rector provide
information regarding crime in the Silver Creek area.
Vice-Mayor Hanson thanked Chief Fraze for responding to
his request regarding notification of residents when
authorized fireworks are planned. Chief Fraze made
comments.
ACTION TAKEN
488
Bakersfield, California, November 28, 2007 - Page 24
17.
ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 9:28 p.m.
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ATTEST:
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