HomeMy WebLinkAbout05/07/08 CC MINUTES6~1
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 7, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Weir, Couch,
Sullivan, Scrivner
Absent: Councilmember Benham
2. PUBLIC STATEMENTS
a. Fred Drew, Executive Director Community Action
Partnership of Kern, Chris Dutton, Arther Ward and
Lenora Daniels requested assistance in re-
establishing Friendship House.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
ACTION TAKEN
a. Approval of minutes of the April 23, 2008, Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 11, ABS WEIR
2008 to April 24, 2008 in the amount of
$15,194,906.54 and self-insurance payments from
April 11, 2008 to April 24, 2008 in the amount of
$185,939.58.
e22
Bakersfield, California, May 7, 2008 -Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. First reading of an ordinance approving a FR
Negative Declaration and amending Section
17.06.020 (Zone Map No.103-22) of Title
Seventeen of the Municipal Code by changing
the zoning from R-1 (One-Family Dwelling) to R-
3/P.U.D. (Multi-Family Dwelling/Planned Unit
Development) on 9.76 acres located generally
south of Bernard Street between New Market
Way and Oswell Street (ZC #07-1977 -San
Joaquin Engineering, representing Central
California Conference of the Seventh Day
Adventists).
d. Adoption of Ordinance amending Sections ORD 4505
13.04.021, 13.04.022 and 13.04.023 of the
Municipal Code relating to Maintenance Districts.
e. Adoption of Ordinance amending Municipal Code ORD 4506
Sections 1.12.010, 1.12.040 and 1.12.060 by adding
Annexation No. 519 consisting of 123.08 acres,
located on the south side of Panama Lane,
generally east of Cottonwood Road; Annexation No.
590 consisting of 94.11 acres, located on the east
and west side of South Union Avenue, north of East
Hosking Avenue to Ward 1; Annexation No. 472
consisting of 37.75 acres, located west of Calloway
Drive, south of Seventh Standard Road; Annexation
No. 553 consisting of 25.01 acres, located on the
north side of Rosedale Highway, west of Allen
Road; Annexation No. 566 consisting of 33.18
acres, located north of Etchart Road, east and west
of Coffee Road to Ward 4; and, Annexation No. 521
consisting of 9.77 acres, located north of Taft
Highway, west of Stine Road to Ward 6.
Resolutions:
Resolution confirming approval by the Assistant City RES 064-08
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
623
Bakersfield, California, May 7, 2008 -Page 3
4. CONSENT CALENDAR continued ACTION TAKEN
g. Resolution authorizing the filing of an application RES 065-08
with the Kern Council of Governments for
allocation of Transportation Development Act funds
for Fiscal Year 2008-09 ($172,247) to be utilized for
the maintenance of the Bakersfield Amtrak Station
during said fiscal year.
h. Resolution to extend the terms of existing PG&E RES 008-08(1)
franchise agreements for the use, transmission, and
distribution of gas and electricity within the City for a
period of an additional 120 days (to September 19,
2008) under the existing terms and conditions.
Resolutions approving applications proposing
proceedings for annexation of uninhabited territory
to the City identified as:
Annexation No. 560 consisting of 7,484 sq.
ft., located east of McDonald Way,
between Belle Terrace and Blomquist Drive.
2. Annexation No. 577, consisting of 0.52
acres, located east of Fiorito Street, between
Belle Terrace and Blomquist Drive.
Agreements:
Reimbursement Agreement with Castle & Cooke
California, Inc. (not to exceed $75,000.00) for
design of roadway improvements at Allen Road and
Ming Avenue.
k. Agreement with the Bakersfield Senior Center
($100,000) of Community Development Block
Grant funds to rehabilitate exterior walkway/roof at
530 4`h Street.
Assignment of Ground Lease Agreement 07-138
with Thomas and Robin Brown ($40 monthly) at the
Bakersfield Municipal Airport for Hangar space B-4.
m. Assignment of Ground Lease Agreement 06-
361with James Haddad ($40 monthly) at
the Bakersfield Municipal Airport for Hangar space
B-5.
RES 066-08
RES 067-08
AGR 08-069
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 08-071
AGR 08-072
s2a
Bakersfield, California, May 7, 2008 -Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
n. Annual Agreements for Asphalt Rejuvenator and
Sealant:
Amendment No. 1 to Agreement 07-141 with AGR 07-141(1)
Burtch Construction (not to exceed
$2,b00,000) and extending the term of May
7, 2009 for the annual contract -provide
and apply asphalt rejuvenator and sealant.
2. Amendment No. 1 to Agreement No. 07-142 AGR 07-142(1)
with Alon Asphalt (not to exceed $400,000) '
and extending the term of May 7, 2009 for
the annual contract -provide ready-to-use
asphalt rejuvenator and sealant.
o. Amendment No. 1 to Agreement No. 07-378 with
T.D. Whitton Construction, Incorporated (not to
exceed $4,000,000) for annual contract -street
reconstruction and paving.
Bids:
p. Accept bid and award annual contract to Zumar
Industries, Inc. ($67,046.75) for traffic signs.
q. Water Meters:
1. Accept bid and award annual contract to
Badger Meters ($172,404.38).
2. Accept bid and award annual contract to
Measurement Control Systems
($417,050.10).
Miscellaneous:
AGR 07-378(1)
AGR 08-073
AGR 08-074
AGR 08-075
r. Budget and Finance Committee Report regarding REMOVED FOR
Fiscal Year 2008/09 Community Development Block SEPARATE
Grant (CDBG), HOME Investment Partnership CONSIDERATION
(HOME), and Emergency Shelter Grant (ESG)
Annual Spending Plan.
s. Revised Job Specification -Programmer Analyst.
Bakersfield, California, May 7, 2008 -Page 5
4. CONSENT CALENDAR continued ACTION TAKEN
t. Revised Job Specification for Hazardous Materials
Specialist, Fire Plans Examiner, Fire
Prevention/Environmental Officer, Director of Fire
Prevention/Environmental Services.
u. Miscellaneous Appropriations:
Appropriate $200,000 additional revenue to
the Public Works Department's Operating
Budget within the Equipment Management
Fund for increased costs associated with
maintaining fleet equipment.
2. Appropriate $10,000 General Aviation Fund
Balance to the Public Works Department's
Operating Budget for maintenance and
improvement projects at the
Bakersfield Municipal Airport.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.6.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar items 4.a. through 4.u., with the removal of AB BENHAM
items 4.k. and 4.r. for separafe consideration.
k. Agreement with the Bakersfield Senior Center AGR 08-070
($100,000) of Community Development Block
Grant funds to rehabilitate exterior walkway/roof at
530 4th Street.
APPROVED
Motion by Councilmember Carson fo approve item 4.k. AB BENHAM
Budget and Finance Committee Report regarding
Fiscal Year 2008/09 Community Development Block
Grant (CDBG), HOME Investment Partnership
(HOME), and Emergency Shelter Grant (ESG)
Annual Spending Plan. (Accept report and authorize
City Manager to execute all documents.)
Motion by Councilmember Carson to approve ifem 4.u. APPROVED
AB BENHAM
Councilmember Carson requested the Budget and
Finance Committee address the issue of funding for
Friendship House.
~'~
Bakersfield, California, May 7, 2008 -Page 6
5. CONSENT CALENDAR HEARINGS ACTION TAKEN
a. Public Hearing to consider General Plan
Amendment/Zone Change 07-1135; Dave
Dmohowski, representing Tim Banducci, et. al., the
property owners, has applied for a general plan
amendment and zone change on approximately 60
acres generally located northwest of Ashe Road and
McCutchen Road.
RES 068-08
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to HMR (High Medium Density
Residential) on 39.94 acres and to LI
(Light Industrial) on 19.99 acres.
2. First reading of ordinance approving the FR
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 123-28 from A (Agriculture Zone) to
R-2 (Limited Multiple Family Dwelling Zone)
on 39.94 acres and to M-1 (Light
Manufacturing Zone) on 19.99 acres.
b. Public Hearing to consider General Plan
Amendment/Zone Change No. 08-0151; the City
has requested a general plan amendment on 1.85
acres and zone change on approximately 0.92
acres located on the northeast corner of San Dimas
Street and 33~d Street.
Resolution approving the Notice of RES Os9-o8
Exemption and adopting the general plan
amendment changing the land use
designation from HR (High Density
Residential) to OC (Office Commercial) on
1.85 acres.
2. First reading of ordinance approving the FR
Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 103-19 from R-3 (Multiple Family
Dwelling) to C-O (Professional and
Administrative Office) on 0.92 acres.
Bakersfield, California, May 7, 2008 -Page 7
5. CONSENT CALENDAR HEARINGS continued
c. Public Hearing to consider General Plan
Amendment/Zone Change 07-1930; Brent
Dezember, representing Structure Cast, the
property owner, has applied for a general plan
amendment and zone change on 19.55 acres,
located at the southwest corner of Gosford
Road and McCutchen Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to SI (Service Industrial) on
19.55 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-
2 (General Manufacturing) on 19.55 acres.
d. Public Hearing to consider Resolution approving the
issuance of Revenue Bonds by the California
Statewide Communities Development Authority for
benefit of the Development Services Support
Foundation for Kern, Inyo and Mono Counties for
the purpose of acquisition, construction of a new
office building, certain employee pension
obligations, refinancing of a bank loan, and required
reserves and costs of issuance and certain other
matters relating thereto located at 3200 North Sillect
Avenue.
e. General Plan Amendment/Zone Change 06-1052;
Maurice J. Etchechury, representing The John M.
Antongiovanni Trust, the property owner, has
applied for a general plan amendment and zone
change on approximately 20 acres located in
southwestern Bakersfield at the
southwest corner of Panama Lane and Ashe Road.
Resolution making findings and certifying the
Final Environmental Impact Report
(EIR) for GeneralPlan Amendment/Zone
Change 06-1052.
ACTION TAKEN
RES 070-08
FR
RES 071-08
CONTINUED TO
MAY 21, 2008
6~2 T,
-- ,f ,
.~.
628
Bakersfield, California, May 7, 2008 -Page 8
5. CONSENT CALENDAR HEARINGS continued
Item 5.e. continued
2. Resolution adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
approximately 20 acres.
3. First reading of ordinance amending Title 17
of the Municipal Code and Zoning Map
No. 123-28 from R-1 (One Family Dwelling)
to C-2/PCD (Regional Commercial/Planned
Commercial Development) on approximately
20 acres.
Public Hearing to consider General Plan
Amendment/Zone Change 07-2342 Spring Hill
Development has applied for a general plan
amendment and zone change on approximately 18
acres generally located northeast of Highway 178
and Masterson Street.
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 approximately 18 acres.
2. First reading of ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-16 from R-1 (One Family
Dwelling Residential) to R-2/PUD (Limited
Multi-family Dwelling Residential/ Planned
Unit Development) on approximately 18
acres.
g. General Plan Amendment/Zone Change 06-0494;
McIntosh and Associates, representing
Douglas DeBerti and Sandye Deberti, the property
owners, has applied for a general plan amendment
and zone change on 60 acres, located on the east
side of Edison Road (future), 1/2-mile north of
Breckenridge Road.
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.
ACTION TAKEN
RES 072-08
FR
CONTINUED TO NEXT
GPA CYCLE
6~2 9
Bakersfield, California, May 7, 2008 -Page 9
5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
Item 5.g. continued
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.
City Clerk McCarthy announced correspondence
was received from Pauline and Eric Bartlett
regarding item 5.g.
Hearings opened at 5:32 p.m.
No one spoke.
Hearings Closed (with the exception of item 5.e.)at
5:34 p.m.
Motion by Vice-Mayor Hanson to adopt Consent APPROVED
Calendar Hearing items 5.a. through 5.d., and 5.f., with AB BENHAM
5.g. continued to the Heart GPA cycle and item 5.e.
opened and continued to May 21, 2008.
6. CLOSED SESSION
None.
Mayor Hall adjourned fhe meefing until 6:30 p.m.
RECONVENED MEETING - 6:30 p.m.
7. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Weir, Couch,
Sullivan, Scrivner
Absent: Councilmember Benham
8. INVOCATION by Pastor Matthew Mitchell, Golden Heights
Church of Christ.
9. PLEDGE OF ALLEGIANCE by Sarah McClure, 3~d grade
student, Rio Bravo Greeley School.
Mayor Hall recognized the Ridgeview High School
government class in attendance at the meeting.
630
Bakersfield, California, May 7, 2008 -Page 10
10. CLOSED SESSION ACTION ACTION TAKEN
None.
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr.
Larry Reider, Kern County Superintendent
of Schools, proclaiming May 17, 2008 as "California
Living Museum Day".
Dr. Reider accepted the proclamation, made
comments and presented the Mayor and Council
with gift bags.
b. Presentation by Mayor Hall of Proclamation to Raul
Rojas, Public Works Director, City of Bakersfield,
proclaiming May 18 - 24, 2008, as "National Public
Works Week".
Public Works Director Rojas accepted the
proclamation and made comments.
12. PUBLIC STATEMENTS
a. Mathew Mitchell spoke regarding Neighborhood
Watch.
b. Will Winn served Councilmember Weir with a notice
of intent to recall.
c. Wayne Gallagher spoke regarding motorcyclists and
traffic enforcement.
d. Lisa Anderson, Takvor Takvorian, David Boyd, Tim
Stonelake and Kenneth Cannon (provided written
material) spoke regarding the Highway 58
extension.
13. REPORTS
a. Presentation of the Proposed Fiscal Year 2008-09
Budget.
City Manager Tandy made a presentation and
provided written material. Assistant City Manager
Stinson and Management Assistant Kirkwood
provided additional information.
Bakersfield, California, May 7, 2008 -Page 11
14. HEARINGS
a. General Plan Amendment/Zone Change 07-2098;
McIntosh & Associates, representing Castle &
Cooke Commercial, the property owner, has
applied for a general plan amendment and zone
change on approximately 47 acres located west of
Calloway Drive, between Stockdale Highway and
the Kern River.
Resolutions adopting the Land Use Element
and Kern River Plan General Plan
Amendments and changing the conditions of
approval that were adopted as part of
the River Walk Commercial Center GPA/ZC
00-0291 (Exhibit B of Resolution No.
123-01), as follows:
a. Change Condition No. 19.b. from the
requirement that no individual retail
space will be more than 100,000
square feet of gross leasable area to
a maximum of 140,000 square feet
for the ground floor; and
2. First Reading of Ordinance amending Title
17 of the Municipal Code changing
conditions of approval that were adopted as
part of the Riverwalk Commercial Center
GPA/ZC 00-0291 (Exhibit C of Ordinance
No. 4020); change Condition No. 19.b. from
the requirement that no individual retail
space will be more than 100,000 square feet
of gross leasable area to a maximum of
140,000 square feet for the ground floor.
City Clerk McCarthy announced correspondence
and phone calls were received regarding this item,
eighteen in opposition and zero in support.
Assistant Planning Director Eggert and City
Manager Tandy made staff comments.
Hearing opened at 7:51 p.m.
Mike Feldman, Rich O'Neil (Kern River Park
Committee), Mary Bond and Ken Bond spoke in
opposition to the staff recommendation.
ACTION TAKEN
CONTINUED TO
MAY21, 2008
6'~1.
8~ 2
Bakersfield, California, May 7, 2008 -Page 12
14. HEARINGS continued ACTION TAKEN
Bill Sampson (Castle & Cooke), Roger McIntosh
(McIntosh & Associates), Millie Kirkland, Raymond
Parker and Beau Lundy (JBL Commercial Group)
spoke is support of the staff recommendation.
Mayor Hall continued the hearing to May 21, 2008.
15. NEW BUSINESS
None.
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Couch submitted referrals for staff "
action.
Councilmember Carson thanked the Fire Department
and Valley Bible Church for installing smoke detectors
at Freemont School.
Councilmember Carson extended wishes for a happy
Mother's Day.
17. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 8:19 p.m.
ATTEST:
CITY CLERK and Ex Offic' Clerk of
the Council of the City of Bakersfield
S:\Council\MINUTES\2008\May 7.doc