HomeMy WebLinkAbout02/13/08 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 13, 2008
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 Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Scrivner
Absent:
Councilmember Sullivan
2. PUBLIC STATEMENTS
None.
3. APPOINTM ENTS
None.
4.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 30,2008,
Regular City Council Meeting.
Payments:
b.
AS WEIR
Approval of department payments from January 18,
2008 to January 31,2008 in the amount of $
11,419,171.19 and self-insurance payments from
January 18, 2008 to January 31, 2008 in the amount
of $591,579.30.
Ordinances:
c.
First Reading of Ordinance approving the Negative
Declaration amending Title 17 of the Municipal
Code and amending Zoning Map NO.1 01-01 from A
(Agriculture) to R-2 (Limited Multiple Family
Dwelling) on approximately 40 acres and A to 01
(Drilling Island) on approximately 4 acres. Louise
Palmer, representing Adavco, Inc., the developer;
has applied for this zone change located south of
Seventh Standard Road and west of the
Calloway Canal.
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Bakersfield, California, February 13, 2008 - Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
d. Adoption of Ordinance amending Sections ORD 4489 J
17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060
a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090
of the Bakersfield Municipal Code relating to signs.
e. Adoption of Ordinance amending Bakersfield ORD 4490
Municipal Code Sections ~ 1.12.010,
~ 1.12.040 and ~ 1.12.050 by adding Annexation
No. 505 consisting of 54.34 acres, located
west of Cottonwood Road, north of Panama Lane,
Annexation No. 523 consisting of 33.01 acres,
located on the north side of East Hosking Avenue,
between South Union Avenue and Cottonwood
Road, Annexation No. 528 consisting of 22.06
acres, located south of Chester Avenue and south
of White Lane, generally west of South Union
Avenue and Annexation No. 529 consisting of 64.47
acres, located at the southwest corner of South
Fairfax Road and Redbank Road to Ward 1,
Annexation No. 466 consisting of 83.47 acres,
located north of Snow Road, generally west of the
Calloway Canal, east of Allen Road, Annexation No.
531 consisting of 60.88 acres, located north of
Stockdale Highway, generally west of Renfro J
Road, Annexation 542 consisting of 0.55 acres,
located on the north side of Old Town Road,
between Allen Road and Old Farm Road,
Annexation 552 consisting of 2.45 acres, located
on the north side of Brimhall Road, west of Calloway
Drive, Annexation No. 562 consisting of 99.50
acres, located at the northeast corner of Snow Road
and Coffee Road, west of the Beardsley Canal and
Annexation No. 565 consisting of 91.65 acres,
located on Etchart Road, on the east and west side
of Coffee Road, west of the Beardsley Canal to
Ward 4, and Annexation 530 consisting of 77.56
acres, located at the northwest corner of Gosford
Road and Taft Highway to Ward 5.
f. Adoption of Ordinance approving the Negative ORD 4491
Declaration and amending Section 17.06.020
(Zone Maps 101-13 and 101-24) of Title Seventeen
of the Bakersfield Municipal Code by changing the
zoning from A (Agriculture Zone) to M-1 (Light
Manufacturing Zone) on approximately 10 acres,
and A to E (Estate Dwelling Zone) on approximately
17 acres located generally south of Hageman Road,
west of Piedmont Avenue, and east of the j
Burlington Northern Santa Fe (BNSF) railroad
(ZC07 -1077 -Marino & Associates)
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Bakersfield, California, February 13, 2008 - Page 3
4. CONSENT CALENDAR continued ACTION TAKEN
l Resolutions:
',.
g. Assessment District No. 08-1 (Montecito Oaks):
1. Resolution accepting petition and RES 022-08
determining to undertake special
assessment proceedings.
2. Resolution approving boundary map. RES 023-08
3. Resolution of Intention 1586. ROl1586
4. Agreement with Wilson & Associates for AGR 08-030
assessment engineering.
5. Agreement with Orrick, Herrington & Sutcliffe AGR 08-031
for legal services (bond).
6. Agreement with Goodwin Procter, LLP for AGR 08-032
legal services (disclosure).
h. Panama - Buena Vista Bridge and Major
Thoroughfare Area
l 1. Resolution of Intention No. 1589 to establish ROl1589
the Panama-Buena Vista Bridge and
major thoroughfare area and preliminarily
approving the boundaries of the area and
the cost and fee schedule.
2. First reading of Ordinance amending FR
Subsection F of Section 16.32.060 of the
Bakersfield Municipal Code relating to bridge
crossings and major thoroughfares.
i. 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 2-37 (District, Stine NW) RES 024-08
2. Area 5-44 (E. White, S. Washington NW) RES 025-08
j. Resolution approving application proposing RES 026-08
proceedings from annexation of uninhabited
territory to the city identified as Annexation No. 570
l consisting of 21,071 square feet, located on the
south side of Southgate Drive, between South H
Street and South Union Avenue.
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Bakersfield, California, February 13, 2008 - Page 4
4.
CONSENT CALENDAR continued
ACTION TAKEN
k. Final Map and Improvement Agreement with Smee
Buildings, Inc. for Tract 6653 located south of
Hosking Avenue and east of Stine.
AGR 08-033
AGR 08-034
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Agreements:
I. Agreement with Kern County Water Agency AGR 08-035
regarding Assets, Rights and Property
Associated with the Kern River Program, the Aera
Park property located at Stockdale Highway and
Jewetta Avenue, and use of City water facilities.
m. Reimbursement Agreement for street improvements
adjacent to Fire Station NO.5:
1. Agreement with Sewa Singh ($22,000.00) to AGR 08-036
construct street improvements.
2. Appropriate $22,000.00 reimbursable costs
to the Public Works Department's Capital
Improvement Budget within the
Supplemental Law Enforcement Fund.
n. Amendment NO.1 to Agreement 03-213 AGR 03-213(1)
($57,000.00) with the Greater Bakersfield J
Separation of Grade District, for preliminary design
and right of way engineering for the Mohawk Street
and Burlington Northern and Santa Fe Railroad
(BNSF) separation of grade project.
o. Contract Change Order No. 1 to Agreement No. 06- AGR 06-390CC01
390 ($41,148.96, for a revised not to exceed
amount of $733,663.96) with Clean Cut Landscape
for streetscape improvements on Baker Street
Phase 2 Truxtun Avenue to Jackson Street.
Contract Change Order Nos. 21 and 22 to AGR 06-o28CC021
p. AGR 06-o28CC022
Agreement 06-028 with Granite Construction
Company ($57,114.38 for a revised not to exceed
amount of $6,543,708.74) for the North Chester
Avenue Bridge over the Kern River Replacement
Project.
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Bakersfield, California, February 13, 2008 - Page 5
549
4.
CONSENT CALENDAR continued
Bids:
q. Accept bid and award contract to Hudson Custom
Construction, Inc. ($68,777.00) to replumb Fire
Station NO.9.
r.
Accept bid and award contract to Insituform
Technologies ($987,548.00) to construct "a"
Street Sewer Rehabilitation between BNSF Railroad
and 26th Street.
s.
Accept bid and award contract to V. Lopez Jr. &
Sons General Engineering Contractors, Inc.
($779,809.30 base bid only) to construct
streetscape and storm drain improvements, 19th
Street at Eye Street.
t. Accept bid from South Kern Machinery
($203,145.50) for two (2) replacement articulating
four-wheel drive loaders with 2.0 C.Y. buckets for
the Public Works Department, Streets Division.
u.
Accept bid from Coastline Equipment ($214,092.45)
for two (2) replacement articulating four-wheel drive
loaders with 2.5 C.Y. buckets for the Public Works
Department, Streets Division.
v. Accept bid from South Kern Machinery
($124,209.50) for one (1) additional and one (1)
replacement backhoe loader for the Public Works
Department, Streets Division.
Miscellaneous:
w. Acceptance of 2005-06 Transportation Development
Act Funds Financial Statements.
x. Acceptance of Financial Audit Reports.
y. Appropriate $29,944 State of California Workforce
Housing Reward Grant Program funds to the Capital
Outlay Fund for use on the Mill Creek Linear Park
Project - Phase 1 .
Appropriate $291,494 Transportation Development
Act Article 3 Grants to the Public Works
Department's Capital Improvement Budget within
the Bikeway and Pedestrian Pathway Fund for the
Mill Creek Bike Path.
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ACTION TAKEN
AGR 08-037
AGR 08-038
AGR 08-039
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Bakersfield, California, February 13, 2008 - Page 6
4.
CONSENT CALENDAR continued
City Clerk McCarthy announced corrections to item
4.f., including an additional condition of approval
and a correction to the Ordinance to read "uphold
appeal" .
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Motion by Vice-Mayor Hanson to adopt Consent
Calendar items 4.a. through 4.z. with corrections to
item 4.f. as noted.
5. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider General Plan
Amendmentl/Zone Change 07-1715; Sikand
Engineering, representing Rio Bravo Investment
Group (property owner) has applied for
a general plan amendment and zone change on
approximately 17 acres generally located
southwest of Highway 178 and Morning Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
and HMR (High Medium Density Residential)
to OC (Office Commercial) on approximately
13 acres, and HMR to GC on approximately
4 acres.
2.
First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zone Map
No. 103-24 from C-2/PCD (General
Commercial/Planned Commercial
Development) and R-2 (Limited Multi-family
Dwelling Residential) to C-O (Commercial
Office) on approximately 13 acres, and R-2
to C-2/PCD on 4 acres.
ACTION TAKEN
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APPROVED
ASS SULLIVAN
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5.
c.
Bakersfield, California, February 13, 2008 - Page 7
551
CONSENT CALENDAR HEARINGS continued
b.
Public Hearing to consider General Plan
Amendment/Zone Change 07-1791; Evergreen
Devco, Inc., representing Infinity Development
Property Management (property owner)
has applied for a general plan amendment and zone
change on 2.50 acres located along the south side
of Planz Road, west of South H Street.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HMR (High Medium
Density Residential) to GC (General
Commercial) on 2.50 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending
Section 17.06.020 (Zone Map No. 123-13) of
Title Seventeen of the Bakersfield Municipal
Code from R-2 (Limited Multiple Family
Dwelling Zone) to C-1/PCD (Neighborhood
Commercial/Planned Commercial
Development Zone) on 2.50 acres.
Public Hearing to consider General Plan
Amendment /Zone Change 07-1848;
SmithTech/USA, Inc., representing Alfred Palla Jr.
and Donald Ralph Palla (property owner) has
applied for a general plan amendment and zone
change on approximately 80 acres located at the
north side of Brimhall Road, east side of Rudd, and
south of Palm Avenue.
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
80 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending
Section 17.06.020 (Zone Map No. 101-27) of
Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from R-S-5A
(Residential Suburban -5 Acre Minimum) to
E (Estate One-family Dwelling) on
approximately 80 acres.
ACTION TAKEN
RES 028-08
FR
RES 029-08
FR
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Bakersfield, California, February 13, 2008 - Page 8
5.
CONSENT CALENDAR HEARINGS continued
d.
Public Hearing to consider General Plan
Amendment /Zone Change 07-1874; Mcintosh &
Associates, representing Michael Antongiovanni,
Nancy Turnipseed, and Steven Antongiovanni
(property owners) has applied for a general plan
amendment and zone change on 39.92 acres
located at the northeast corner of McCutchen Road
and Old River 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 LR (Low Density Residential)
on 39.92 acres.
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 from A (Agriculture) to R-1
(One Family Dwelling Zone) on 39.92
acres.
2.
City Clerk McCarthy announced correspondence
was received regarding item 5.c. from Leslie
Klinchuch opposing the proposed General Plan
Amendment/Zone Change.
Hearings opened at 5:19 p.m.
No one spoke.
Hearings closed at 5:19 p.m.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearing items 5.a. through 5.d.
6. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 (Three cases)
1. Edwin Davenport v. City, et al Kern County
Superior Court, Case No. S-1500-CV-
259915-LPE
2.
Elizabeth Matthews v. City et al Kern County
Superior Court, Case No. S-1500-CV-
258659-SPC
ACTION TAKEN
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RES 030-08
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APPROVED
ASS SULLIVAN
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6.
Bakersfield, California, February 13, 2008 - Page 9
553
CLOSED SESSION continued
Item 6.a. continued
3.
Essex Insurance Company v. City, D.A.R.E.,
Inc. et al Kern County Superior Court Case
No. S-1500-CV-256273-AEW
4. John M. Tarabino & Joseph A.
Tarabino, individuals; and OKS Investments,
LLC, v. City Kern County Superior Court
Case No. S-1500-257620-SPC
b. Conference with Legal Counsel - Potential
Initiation of Litigation; Closed Session
pursuant to subdivision (c) of Government
Code Section 54956.9
Conference with Labor Negotiator pursuant
to Government Code Section 54957.6
c.
d.
Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to .
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:21 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:10 p.m.
RECONVENED MEETING - 6:30 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham,
Weir, Couch, Scrivner
Absent:
Councilmember Sullivan
8. INVOCATION by Councilmember Carson
9. PLEDGE OF ALLEGIANCE by Ashlyn Klopfenstein, 5th
grade student at Bimat Elementary School.
ACTION TAKEN
DELETED
DELETED
APPROVED
ASS SULLIVAN
APPROVED
ASS SULLIVAN
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Bakersfield, California, February 13, 2008 - Page 10
10.
CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 (Three cases)
1.
Edwin Davenport v. City, et al Kern County
Superior Court, Case No. S-1500-CV-
259915-LPE
City Attorney Gennaro announced Council authorized
settlement in an amount not to exceed $35,000.00.
2.
Elizabeth Matthews v. City et al Kern County
Superior Court, Case No. S-1500-CV-
258659-SPC
3.
Essex Insurance Company v. City, D.A.R.E.,
Inc. et al Kern County Superior Court Case
No. S-1500-CV-256273-AEW
City Attorney Gennaro announced Council authorized
acceptance of $200,000.00 in settlement from Essex
Insurance.
4.
John M. Tarabino & Joseph A.
Tarabino, individuals; and OKS Investments,
LLC, v. City Kern County Superior Court
Case No. S-1500-257620-SPC
b.
Conference with Legal Counsel - Potential
Initiation of Litigation; Closed Session
pursuant to subdivision (c) of Government
Code Section 54956.9
City Attorney Gennaro announced Council instructed
the Attorney not to file a lawsuit against URS and to
accept $347,300.00 in settlement funds.
c.
Conference with Labor Negotiator 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. (One issue)
d.
ACTION TAKEN
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SETTLEMENT
AUTHORIZED
NO REPORTABLE
ACTION
SETTLEMENT
AUTHORIZED
NO REPORTABLE
ACTION
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SETTLEMENT
AUTHORIZED
REMOVED
REMOVED
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Bakersfield, California, February 13, 2008 - Page 11
11.
PRESENTATIONS
ACTION TAKEN
a.
Presentation by Mayor Hall of Proclamation to On
Man Lau, President of American Society of Civil
Engineers Southern San Joaquin Branch,
proclaiming February 17-23, 2008 as "National
Engineers Week".
Mr. Lau accepted the proclamation and made
comments.
12. PUBLIC STATEMENTS
a. Jose auirarte spoke regarding a landlord issue and
provided photographs.
Councilmember Benham requested staff provide Mr.
Quirarte direction.
b.
Marvin Dean spoke regarding the San Joaquin
Valley Small Business Expo, provided written
material and presented a certificate to Irma Carson.
c.
Shanell Killebrew spoke regarding law enforcement.
Councilmember Carson invited the community to
attend the Safe Neighborhood Committee meetings
and announced the next meeting is February 21,
2008, at 11 :45 in the City Manager's Conference
Room.
13. REPORTS
None.
14. HEARINGS
a. 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 making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment
05-1580, known as the 10 Section
Project.
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Bakersfield, California, February 13, 2008 - Page 12
14.
HEARINGS
Item 14.a. continued
ACTION TAKEN
2.
Resolution approving the appeal and
adopting 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.
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3. First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 122-28 from A (Exclusive
Agriculture) to R-1 (One Family Dwelling)
on 220-acres.
City Clerk McCarthy announced correspondence
was received from staff containing corrected backup
documents for this item. Additionally,
correspondence was received from Ann Gallon,
Willard Winn, Andy and Sasha Honig, and Gordon
Knipp on behalf of the Sierra Club, opposing the
proposed changes. Furthermore, correspondence
was received from the Department of Fish and
Game in support of the General Plan
Amendment/Zone Change.
Development Services Director Grady made staff
comments.
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Hearing opened at 6:55 p.m.
Gordon Knipp, on behalf of the Sierra Club, spoke
and provided written material, and John Parker,
General Manager of the Kern Water Bank Authority,
spoke in opposition to the proposed General Plan
Amendment/Zone Change.
George Martin, on behalf of the Ten Section Project,
spoke in favor of the proposed General Plan
Amendment/Zone Change.
Gordon Knipp, on behalf of the Sierra Club, and
Monte Harper spoke in rebuttal opposition to the
proposed General Plan Amendment/Zone Change.
George Martin, on behalf of the Ten Section Project,
spoke in favor rebuttal of the proposed General Plan
Amendment/Zone Change.
Hearing closed at 7:32 p.m.
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Bakersfield, California, February 13, 2008 - Page 13
14. HEARINGS ACTION TAKEN
Item 14.8. continued
l Mayor Hall pronounced the hearing closed and item
to be returned at the next meeting on February 26th,
for action.
b. 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
l 60 acres.
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f City Clerk McCarthy announced correspondence
was received from Jim Lamberson opposing further
postponements and from Roger Mcltosh requesting
the matter be continued to the next General Plan
Amendment cycle.
Development Services Director Grady made staff
comments.
Hearing opened at 7:36 p.m.
Jeff Stoller, Stoller Farms, Jim Lamberson and
Louise Stevenson spoke in support of the staff
recommendation.
Hearing closed at 7:41 p.m.
APPROVED
Motion by Councilmember Weir to continue the item to NS CARSON, BENHAM
the next General Plan cycle. ABS SULLIVAN
15. NEW BUSINESS
l None.
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Bakersfield, California, February 13, 2008 - Page 14
16.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff resolve code
enforcement issues on Monterey and provided
information.
Councilmember Benham requested staff address an
issue near the Stars Theater and provided information.
Councilmember Couch requested staff contact the
appropriate County staff and request cleanup on the
west side of Ashe Rd. on the south side of Stockdale
Hwy.
Councilmember Couch requested Finance staff
research the capability of retirees utilizing deferred
compensation funds to directly pay health insurance
premiums and thus avoid the funds being taxed.
Councilmember Carson sent prayers to the Eddy and
Anderson families and requested the community have
patience in waiting for the outcome of the law enforcement
report.
Councilmember Carson thanked the community for the
support shown her family at the passing of her daughter
Sharon Carson.
Vice-Mayor Hanson requested the Planning Department
review the feasibility of delaying collection of
Development Impact Fees until the closing of
escrow or issuance of Certificate of Occupancy.
Vice-Mayor Hanson requested staff reconsider the
City's proposed reliance on impact fees and the
financial strategy of the TRIP Program.
ACTION TAKEN
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17.
ADJOURNMENT
ACTION TAKEN
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Vice-Mayor Hall adjourned the meeting at 7:48 p.m.
ATTEST:
7
ADs-&', CITY CLERK and Ex:' fficio Clerk of
the Council of the City of Bakersfield
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