HomeMy WebLinkAbout11/19/08 CC MINUTES781
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 19, 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,
Councllmembers Carson, Benham, Weir,
Couch; Sullivan, Scrivner
Absent: None.
2. PUBLIC STATEMENT
Kenneth Cannon spoke regarding the motto for
Bakersfield, urged the City Council to change the motto
from "Bakersfield, Life As It Should Be" to Bakersfield, A
Great Place to Live", submitted a copy of his written
statement, and provided bumper stickers.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 5, 2008
Regular City Council Meeting.
Payments:
b. Approval of department payments from October 24,
2008 to November 6, 2008 in the amount of
$11,218,033.32 and self-insurance payments from
October 24, 2b08 to November 6, 2008 in the
amount of $194,018.72.
ACTION TAKEN
ABS WEIR
782
Bakersfield, California, November 19, 2008 -Page 2
4. CONSENT CALENDAR continued ACTION TAKEN
Ordinances:
c. First Reading of Ordinance amending Section FR
17.06.020 (Zone Map No. 103-19) of the Municipal
Code by changing the zoning from PCD (Planned
Commercial Development) to revised PCD on 3.87
acres located at the westerly terminus of West
Jeffrey Street; west of Union Avenue (ZC #08-0595
- Hughes Surveying representing Sigford
Investment, LLC).
d. First Reading of Ordinance amending Section FR
17.06.020 (Zone Map 143-06) of the Municipal
Code by changing the zoning from A (Agriculture)
zone to C-2 (Regional Commercial) zone on 4.5
acres and from A (Agriculture) to R-1 (One Family
Dwelling) zone on 20.14 acres located at the
southwest corner of Taft Highway and Chevalier
Road (ZC #08-0491 -Moreland Consulting Inc.
representing Mid Town Development).
e. Adoption of Ordinance approving a Negative ORD 4546
Declaration and amending Section 17.06.020 (Zone
Map No. 103-22) of the Municipal Code by changing
the zoning from R-1 (One Family Dwelling) to
C-2/PCD (Regional Commercial/Planned
Commercial Development) on 8.41 acres located on
the north side of Mall View Road, south of Highway
178, approximately 1/4-mile west of Oswell Street.
(ZC #08-0472 - KSA Group Architects representing
Gardens at East Hills, LLC) (FR 11/05/08)
f. Adoption of Ordinance amending Municipal Code ORD 4547
Section 1.12.010 by adding Annexation No. 581
consisting of 77.72 acres, located on the east side
of Fairfax Road, south of Redbank Road to Ward 1.
(FR 11/05/08)
g. Amendment No. 4 to Agreement No. 97-39 with
Public Employees' Retirement System (PERS):
Adoption of Ordinance authorizing an ORQ 4548
amendment to the Contract of Administration
of the Public Employees' Retirement System
to provide Section 21354.5 (2.7% ~ 55 full
formula) and Section 20037 (three year final
compensation) for the local miscellaneous
members. (FR 10/22/08)
~? 8 ~
Bakersfield, California, November 19, 2008 -Page 3
4. CONSENT CALENDAR continued
2. Agreement with the Public Employees'
Retirement System to provide Section
21354.5 (2.7% C«~ 55 full formula) and
Section 20037 (three year final
compensation).
Resolutions:
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City of 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.
ACTION TAKEN
AGR 97-39(4)
RES 189-08
Resolution approving application proposing RES i9o-o8
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 610
consisting of 186.70 acres, located at the southwest
corner of Old River Road and Taft Highway.
j. Resolution ordering the summary vacation of a RES 191-08
public road easement dedication, two storm drain
easements and a sewer easement south of Brimhatl
Road and approximately 701.50 feet west of Coffee
Road.
Master Agreement with the State of California,
Department of Transportation (Caltrans) for State
Funded Projects:
Resolution authorizing the Public Works RES 192-OS
Director or designee to execute Program
Supplemental Agreements and any
amendments to those particular agreements
with Caltrans in order to receive state
funding for transportation projects.
2. Agreement with Caltrans (Master Agreement qGR 08-199
No. 00210S).
Hazardous Materials Emergency Preparedness
(HMEP) Grant:
Resolution approving the application for the RES 193-08
HMEP Grant.
2. Appropriate $28,116.00 to Fire Department
Operating Budget in the General Fund.
7 $ 4 ' ~- Bakersfield, California, November 19, 2008 -Page 4
4. CONSENT CALENDAR continued
Item 4.1. continued
ACTION TAKEN
3. Amendment No. 1 to Agreement No. AGR os-200
FD08- 018 with Robert Olson (not to exceed
$66,805.00) for the completion of
Emergency Operating Plan and requisite
training.
m. Local Emergency Planning Commission (LEPC)
Hazardous Materials Emergency Preparedness
(HMEP) State Grant:
Resolution approving the application for the RES 194-08
LEPC Grant.
2. Appropriate $25,000.00 to the Fire
Department Operating Budget in the General
Fund.
n. Resolution of Intention No. 1627 to add territory, ROI 1627
Area 4-89 to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving the Public Works Director's Report.
o. Resolution of Intention (ROI) forming Traffic Signal
Maintenance Districts and preliminarily adopting,
confirming and approving the Public Works
Director's Report:
1. Resolution of Intention No. 1626 to form area 8011626
TS-18 (NW corner of S. "H" Street and
Berkshire Rd).
2. Resolution of Intention No. 1628 to form area ROI 1628
TS-15 (420 34th Street).
Agreements:
p. Final Map and Improvement Agreements with qGR 08-201
Community Action Partnership of Kern for parcel AGR 08-202
map 11782 located south of East Brundage Lane
and west of South Washington Street.
q. License Agreement with CompuCom Systems, Inc. qGR 04-241(4)
($230,259.41) to provide microsoft licenses for
1,029 computers.
r. Sump Easement and Common Use Agreement with AGR os-204
the City, Kern Delta Water District, the Davis Family
Trust and Panama and Gosford Retail, LLC.
Bakersfield, California, November 19, 2008 -Page 5
4. CONSENT CALENDA~f continued ACTION TAKEN
s. Utility Agreement with Southern California Gas Co. AGR 08 205
($130,906.00) for the relocation of a high pressure
gas pipeline across the Friant Kern Canal. (TRIP).
t. Settlement Agreement with JP/CP, Inc. AGR 08 206
($615,000.00) to purchase real property for the DEED 6994
Westside ParfCway Project located west of Coffee DEED 6995
Road, south of Brimhall Road and north of the Kern
River.
u. Settlement Agreement with Chevron, USA for AGR 08-207
relocation of facilities near Mohawk Street as part of
the Westside parkway Project.
v. Amendment Nn. 1 to Agreement No. 07-082 with qGR 07-082(1)
AECOM US/~; INC (formerly DMJM Harris, Inc.)
($4,712,207.00) for Engineering Design Services for
the Westside parkway Project.
w. Amendment Nb. 2 to Agreement No. 03-310 for AGR 03-310(2)
employment of Virginia Gennaro as City Attorney.
x. Amendment Nb. 3 to Agreement No. 06-391 with AGR 06-391(3)
Bradco Industrial Corporation ($100,000.00; not to
exceed $1,05,000.00) and extending term for one
(1) year for wood grinding and screening for Solid
Waste Divisiart.
y. Wastewater Treatment Plant #3 - 2007 Expansion
Project:
1. Contraiet Change Order No. 3 to Agreement qGR o7-302
No. 0~-302 with Kiewit Pacific Corporation CCO 3
($393;003; total not to exceed
$211,319,020.00)
2. Transfer $393,003.00 contingency
established for the Wastewater Treatment
Plant No. 3 Expansion Project to the Public
Works Department's Capital Improvement
Budget.
Bids:
z. Accept bid arytl award contract to Precision Fertilizer qGR 08 208
Spreading (not to exceed $110,250.00) for the
annual service -Hauling and Spreading Biosolids.
785
lab
Bakersfield, California, November 19, 2008 -Page 6
4.
CONSENT CALENDAR continued ACTJON TAKEN
aa. Accept bid and award contract to Whitaker qGR 08 209
Contractors, Inc. ($763,727.00) for the construction
of the Mill Creek Linear Park Phase 2 canal
facilities.
bb. Accept bid and award contract to Kern Pacific AGR OS 210
Construction Co. ($1,343,700.50) for the
construction of the Mill Creek Linear Park Phase 4
canal facilities.
cc. Accept bid and award contract to Granite
Construction Co. ($856,856.00) for the construction qGR 08 21 i
of the Mill Creek Linear Park Phase 5A canal
facilities.
dd. Accept bid and award contract to Granite qGR 08-212
Construction Co. ($777,777.00) for the construction AB$ COUCH
of the Mill Creek Linear Park Phase 5B canal
facilities.
ee. Accept bid and award contract to Loop Electric. AGR o8-213
($314,475.00) for street light conduit/wire installation
on 17th, 18th and 19th Streets from "L" Street to
Union Avenue.
ff. Westside Parkway Phase 1 -Mohawk Street
Extension Project (TRIP):
1. Accept low base bid and award contract to AGR 08-214
Security Paving Company, Inc.
($27,728,219.81) to construct the Westside
Parkway Phase I.
2. Appropriate $600,000.00 Sewer Enterprise
fund balance (Wastewater Treatment Plant
No. 3) to the Public Works Department's
Capital Improvement Budget for construction
of the sewer line portion of this project.
3. Appropriate $1,435,000.00 Domestic Water
Fund balance to the Water Department's
Capital Improvement Budget for the water
line portion of the project.
gg. Accept bid and award contract to Rock Bottom, Inc. AGR o8-215
($619,874.00) for the Irrigation Improvements at
Aera Park project.
Bakersfield, California, November 19, 2008 -Page 7
4. CONSENT CALENDAR continued
hh. Accept bid and award contract to Michels
Corporation 01,902,718.00) to construct base bid
portion of the sewer rehabilitation Gosford Road-
McCutchen Road to District Boulevard Project.
Accept bid and award contract to Woeste Electric,
Inc. ($84,193:26) for the traffic signal and lighting
system installation project at Hosking Avenue and
Monitor Street:
Miscellaneous:
Appropriate $81,430.00 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance Grant
from the U.S. bepartment of Justice) to the General
Fund Police Operating Budget to help fund Police
Activities League crime prevention and education
programs.
kk. Appropriate $32,239.68 Federal Grant Revenues
(FY2009 Sobriety Checkpoint Mini-Grant Award
from the State Office of Traffic Safety) to the
General Fund Police Operating Budget, to fund
overtime DUI checkpoints in the Traffic Division.
II. Appropriate $4,804,995 Proposition 1 B, State
Transportation Grant Revenue:
1. Appropriate $2,500,000 Proposition 1 B funds
to the public Works Department's Capital
Improvement Budget within the Gas Tax
Fund for the street improvements, White
Lane #i•om Dovewood Street to Wible Road
Project:
2. Appropriate $2,304,995 Proposition 1 B funds
to the Public Works Department's Capital
Improvement Budget within the Gas Tax
Fund for the street improvements, Stockdale
Highway from Country Club Entrance to
Ashe road and from California Highway to
Weatherly Drive Project.
City Clerk McCarthy announced correspondence was
received from the Lavin Offices of James W. Maddox,
representing Americah Landscape, Inc., regarding item
4.gg.
ACTION TAKEN
AGR 08 216
AGR 08-217
787
788
4.
5.
Bakersfield, California, November 19, 2008 -Page 8
CONSENT CALENDAR continued
Councilmember Weir announced he would abstain
due to conflict of interest, source of income on item
4.b.
Councilmember Couch announced he would abstain
due to conflict of interest, potential source of income to
himself and his employer on item 4.dd.
Motion by Vice-Mayor Hanson to approve Consent
Calendar ifems 4.a. through 4.11.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution ordering the
vacation of San Dimas Street south of 34th Street to
the alley (Parcel B) and an area measuring 214
square feet south of the alley (Parcel A) and the
alley south of 34th Street and east of San Dimas
Street (Parcel C).
b. Public Hearing to consider Resolution ordering the
vacation of 17th Street between "R" Street and "S"
Street for the development of the Mill Creek Linear
Park Phase 5A.
c. Public Hearing to consider Resolution amending the
City's Non-disposal Facility Element of the
Countywide Integrated Waste Management Plan by
updating facility information.
d. General Plan Amendment/Zone Change 07-1806;
Scott Underhill and Mark Smith, representing Ashe
Road, LLC, the property owners, have applied for a
general plan amendment and zone change on 18.53
acres located at the southwest corner of Taft
Highway (SR 119) and Stine Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
18.53 acres.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 142-03 from R-1 (One Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 18.53 acres.
ACTION TAKEN
APhROVED
RES 195-08
ABS BENHAM
RES 196-08
RES 197-08
RES 198-08
FR
Bakersfield, California, November 19, 2008 -Page 9
5. CONSENT CALENDAR HEARINGS continued
e. General Plan Amendment No. 08-1033; the City has
requested a general plan amendment to incorporate
land use and circulation map changes previously
adopted by the County Board of Supervisors.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment to incorporate land use and
circulation map changes approved by the
County of Kern.
General Plan Amendment/Zone Change 08-1036;
Marino & Associates, representing the Citygate
Christian Center, the property owner, has applied for
a general plan amendment and zone change on
approximately 6.36 acres located between the 99
freeway and Ellashosh Street, south of McKee
Road.
Resolution adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on approximately 6.36 acres.
2. First reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and Zoning Map No.
123-36 from A (Agriculture) to R-1-CH (One
Family ,Dwelling with Church Overlay) on
approximately 6.36 acres.
g. General Plan Amendment No. 08-1045; the City has
requested to amend the Circulation Element of the
Metropolitan Bakersfield General Plan on the project
site located in the Kern Water Bank Area generally
west of South Allen Road between Stockdale
Highway and Taft Highway.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment to the city's circulation element
maps deleting street alignments and
Chang"ing major street designations within
the Kern Water Bank Area.
ACTION TAKEN
RES 199-08
RES 200-08
FR
RES 201-08
~' 8 9
7~ 0
5.
Bakersfield, California, November 19, 2008 -Page 10
CONSENT CALENDAR HEARINGS continued
h. General Plan Amendment No. 08-1128; Maurice
Etchechury of Summit Engineering, on behalf of
M&S Land Company, LLC, has applied for an
amendment to the Circulation Element of the
Metropolitan Bakersfield General Plan and Specific
Plan Line amendment for Allen Road south of
Seventh Standard Road, and Etchart Road east of
Allen Road.
Resolution approving the Negative
Declaration and adopting the amendment to
the Circulation Element of the Metropolitan
Bakersfield General Plan and Specific Plan
Line Amendment to realign Allen Road south
of Seventh Standard Road and Etchart Road
east of Allen Road on the circulation map.
General Plan Amendment/Zone Change 08-1168;
Todd Smith of Cannon Associates, representing
Trimco, LLC, the property owners, have applied for
a general plan amendment and zone change on
approximately 60 acres generally located northeast
of Morning Drive and Paladino Drive and a Specific
Plan Line amendment for Morning Drive.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource -Minerals
& Petroleum) to LI (Light Industrial) on
approximately 47 acres, and R-MP to HMR
(High-Medium Density Residential) on
approximately 14 acres, and a Specific Plan
Line Amendment for Morning Drive.
2. First Reading of Ordinance approving the
Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning
Map No. 104-07 from A (Agriculture) to M-1
(Light Manufacturing) on 47 acres, and A to
R-2 (Limited Multi-Family Dwelling) on
approximately 14 acres.
ACTION TAKEN
RES 202-08
RES 203-08
FR
791
Bakersfield, California, November 19, 2008 -Page 11
5. CONSENT CALENDAF~ HEARINGS continued ACTION TAKEN
]. General Plan Amendment/Zone Change 07-0655; DEFERRED TO NEXT
Dave Dmohovrski, Planning Premier Group, GPA CYCLE
representing if~loodmont Bakersfield, LLC, and John
Giumarra Jr., the property owner, has applied for a
general plan amendment and zone change on
approximately 103 acres located west of South "H"
Street, between Berkshire Road and Hosking
Avenue, east of State Highway 99.
1. Resolution making findings and certifying the
Final Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change 07-
0655 (Bakersfield Gateway Project).
2. Resolution adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential), LMR (Low Medium Density
Residential), and HMR (High Medium
Density Residential) to GC (General
Commercial) on approximately 77 acres and
to char7ge the circulation map by eliminating
the collector segment (future Colony Street
alignment) that transverses in a north-south
direction through the project site.
3. First Reading of Ordinance amending Title
17 of the Municipal Code and Zoning Map
No. 1~3-25 from R-1 (One Family Dwelling)
and C-2 (Regional Commercial) to C-2/PCD
(Regional Commercial/Planned Commercial
Development) on approximately 103 acres.
Staff recommends deferral of the proposed project to the
Next general plan cycle.
Councilmember Benham announced she would abstain
due to potential co-flict of interest given her
employment with Memorial Hospital and to avoid the
appearance of impropriety on item 5.a.
Consent Calendar Hearings opened at 5:23 p.m.
No one spoke.
Consent Calendar Hearings closed at 5:23 p.m.
Mofion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar Hearing items 5.a through 5.j.
'~
Bakersfield, California, November 19, 2008 -Page 12
6. CLOSED SESSION ACTION TAKEN
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
case:
1. Sierra Club v. City, et al.; Ten Section, LLC
Kern County Superior Court Case No. S-
1500-CV-263456 KCT
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:24 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:32 p.m.
RECONVENED MEETING - 6:44 p.m.
7. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
8. INVOCATION by Pastor Leon Frost, United Pentecostal
Church.
9. PLEDGE OF ALLEGIANCE by Stephen Bush, 4th Grade
Student at Thorner Elementary School.
10. CLOSED SESSION ACTION
a. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6.
b. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
case:
1. Sierra Club v. City, et al.; Ten Section, LLC
Kern County Superior Court Case No. S-
1500-CV-263456 KCT
APPROVED
APPROVED
NQ REPORTABLE
ACTION
NQ REPORTABLE
ACTION
r
..r
793
Bakersfield, California, November 19, 2008 -Page 13
11. PRESENTATIONS
a. Presentation by Javier Lozano, Human Resources
Manager, to department winners of the 2008
Employee Excellence in Action Awards and the
Extra Mile Avi~rd in recognition of outstanding
service to the City.
Janet McCrea; Human Resources/City Manager's
Office; Marc Gauthier, Development Services; Vince
Zaragoza, Economic and Community Development;
Dawn Tamayc, Finance; Tim Lynch and Susan
Magana, Fire;. Melvin Johnson and Babette Beier,
Police; Ted Vlfright and Kevin Bell, Public Works;
Frank HinojoSa and Terri Elison, Recreation and
Parks; and Terry Carlson, Water Resources.
The recipient of the Extra Mile Award for 2008 was
Luis Peralez, which was presented by Public Works
Director Rojas:
City Manager Candy thanked the Employee
Incentive Committee for their efforts.
b. Presentation by Parsons of $20,000.00 donation for
enhanced landscaping at Aera Park and donation of
landscape architectural design for six Sister City
Pavilions at Mill Creek Linear Park.
Kevin Haboian and Surendra Thakral, officers of
Parsons Corporation, made the presentation.
Councilmember Benham thanked Parsons for the
check and the donation of the work for the Sister
City Pavilions.
City Manager Tandy thanked Parsons.
Mayor Hall thanked Parsons on behalf of the
Bakersfield Sister City Project Corporation.
12. PUBLIC STATEMENTS
ACTION TAKEN
None.
794
13.
Bakersfield, California, November 19, 2008 -Page 14
REPORTS
a. Department of Housing & Urban Development
(HUD), Action Plan Amendment No. 3 (FY 08/09) &
Consolidated Plan 2010 Substantial Amendment for
Neighborhood Stabilization Program funds.
Economic Development Director Kunz provided an
overview of the Neighborhood Stabilization
Program.
Motion by Vice-Mayor Hanson to approve and
authorize the City Manager to execufe all
necessary HUD documents.
b. Update of Fiscal Year 2008-2009 Budget.
Finance Director Smith gave an overview and
provided a slide presentation.
City Manager Tandy gave an overview and provided
a slide presentation.
Councilmember Scrivner asked staff to supply
the new financial sales tax information to the fire
union.
Councilmember Couch stressed that the downturn
in the economy is real and that Council is open to all
options and recommended discussing the issue of
Council contingency.
Councilmember Sullivan asked the City Manager to
compare the current situation to previous bad times.
City Manager Tandy responded that it is worse than
either of the two previous times, which occurred in
the early `90's and again in 2003, and is the worst
economy since the Great Depression.
In response to a question from Councilmember
Weir, City Manager Tandy advised that a status
report will be provided to the City Council in several
weeks.
In response to a question from Councilmember
Carson, City Manager Tandy advised that the lion's
share of the numbers regarding the departments
who will be cut will be available to the City Council in
about two weeks.
ACTON TAKEN
APP..ROVED
i
795
Balkersfield, California, November 19, 2008 -Page 15
14. HEARINGS ACTION TAKEN
a. Zone Change 08-1044; Troy and Wilma Chastain,
(property owners) applied for zone change on 0.238
acres, located at the northeast corner of Belle
Terrace and Fiorito Street. Cynthia Thompson
appealed the Planning Commission's decision.
First Pleading of Ordinance approving the FR
Negative Declaration, denying the appeal
and approving the Zone Change by
amending Title 17 of the Municipal Code and
amending Zoning Map No. 123-02 from R-S
(Residential Suburban Zone) to R-2 (Limited
Multiple Family Dwelling Zone) on 0.238
acres (10,384 square feet).
City Clerk McCarthy announced staff received last
minute correspondence in opposition to the zone
change.
Development Services Director Grady made staff
comments.
Hearing opered at 7:46 p.m.
Scott Thackery, Chris Morgan, Cindy Thompson
(also submitted written material), Gerald Patterson,
and Kathleen. Quinby (also showed photographs)
spoke in opposition to the staff recommendation.
Jim Delmarter (representing the property owners)
and Troy Chastain spoke in support of the staff
recommendation.
John Fergusoh, Scott Thackery, Cindy Thompson,
and Gerald Patterson spoke in rebuttal opposition to
the staff recommendation.
Jim Delmarter and Troy Chastain spoke in rebuttal
support of the staff recommendation.
Hearing closed at 8:19 p.m.
Motion by Ceuncilmember Sullivan to uphold NO ACTION TAKEN
the Planning, Commission decision and give
First Reading to the Ordinance.
Councilmember Benham stated she was not in
support of the motion.
796
Bakersfield, California, November 19, 2008 -Page 16
14.
HEARINGS continued
Item 14.a. continued
Councilmember Carson stated she was not in
support of the motion.
Councilmember Couch referred to the Planning
& Development Committee the issue of having
an open space requirement for duplexes similar
to that for triplexes and fourplexes.
Councilmember Scrivner stated he was in favor of
the project provided a control can be put in place to
make sure that there will be two single-story units.
Councilmember Benham stated she was in favor of
continuing this item to explore the height limitations
and the wall on the back end of the property.
In response to a question from Councilmember
Sullivan, Jim Delmarter stated he and the property
owners would be willing to accept any condition
consistent with what has been discussed regarding
single-story, two units, eight parking places, two
two-car garages, no block wall required along the
north property line, but a wooden fence, because
there would be no parking there.
Development Services Director Grady clarified that
the requirement for the one-acre minimum is on
both the PUD and the PCD, and the applicant has
offered those conditions, and it can be made a
condition of approval without having to place a PUD
gone change on it.
Motion by Councilmember Sullivan to uphold
the Planning Commission decision, deny the
appeal; give First Reading to the Ordinance,
including conditions relating to single stories,
substantial compliance with elevations similar
to the drawing presented to staff.
ACTION TAKEN
APPROVED
NS ~3ENHAM, CARSON
Recess taken from 9:08 p.m. to 9:15 p.m.
Bakersfield, California, November 19, 2008 -Page 17 7 9 7
14. HEARINGS continued ACTION TAKEN
b. General Plan Amendment/Zone Change 08-0726;
McIntosh and J~ssociates, representing Trend
Capital Group (property owner) has applied for a
general plan amendment and zone change on 8.14
acres located on the northeast corner of Monitor
Street and Hacking Avenue. McIntosh and
Associates appealed the Planning Commission's
decision.
Resolution approving the Negative RES 206-08
Declaration, denying the appeal, and
denying the general plan amendment
changing the land use designation from LR
(Low density Residential) to HR (High
Density Residential) on 8.14 acres.
2. Resolution approving the Negative
Declaration, denying the appeal, and
denyir-g the amendment to Title 17 of the
Municipal Code and amendment to Zoning
Map Nn. 124-30 from R-1 (One Family
Dweltirrg) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 8.14
acres.
City Clerk McCarthy announced staff received
correspondence earlier this evening in support of
the zone change.
Development Services Director Grady made staff
comments.
Hearing opened at 9:17 p.m.
Roger Mclntdsh, representing Trend Capital Group,
spoke in opposition to the staff recommendation and
submitted written material.
Gary Rice, representing Greenfield School District;
Dean Juola, Principal of Golden Valley High
School; and Bill Sidhu, CEO of Golden Valley
Luxury Apartments, spoke in support of the staff
recommendation.
No rebuttal.
Hearing closed at 9:35 p.m.
L
79$
-- Bakersfield, California, November 19, 2008 -Page 18
14. HEARINGS continued AC~jON TAKEN
Item 14.b. continued
Motion by Councilmember Scrivner to uphold APPROVED
the appeal, approve the Negative Declaration,
change the land use designation to HMR and the
zoning to R-2 with the PUD overlay, with the
condition of the street along the northern
boundary of this property.
Councilmember Couch stated he would like to see
the City and the school districts work together to
ensure that right turn lanes are installed at the
schools.
Councilmember Benham thanked Mr. Rice and Mr.
Juola for advocating for their students, and Mr.
Sidhu for setting a great standard for R-2
development in the City.
15. DEFERRED BUSINESS
None.
16. NEW BUSINESS
None.
17. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch asked staff to look into
obtaining a higher interest rate for the City's
investment funds and making the interest rate up to the
maximum allowable by law, which would be whatever
the City is paying on its bonds.
Councilmember Couch asked to bring back to the next
Council meeting the issue of cufting Council
contingency funds.
Councilmember Couch asked staff to provide the City
Council with a report regarding TOT revenues, how
they are dedicated and how that operation has
changed.
Councilmember Benham asked that Council be advised
on how much is currently in and what the activity has
been in the Council Contingency Fund.
Councilmember Benham asked staff to contact the
owner of Automotive Engineering on Golden State
Avenue regarding extra police enforcement.
7 9.9
B~ifcersfield, California, November 19, 2008 -Page 19
17. COUNCIL AND MAYO~i STATEMENTS continued
Councilmember Benham asked staff to provide
information regarding the resurfacing of 22"d Street
between Elm and D streets.
Councilmember Benham asked staff to contact the
owner of Westchester Liquors regarding a problem
with water drainage from the alley.
Councilmember Benham wished everyone a happy
Thanksgiving.
Councilmember Scrivner thanked City Manager staff for all
the referral responses.
Councilmember Sullivan made comments about the
Veterans Day Parade; the terrific turnout by the public, and
commended City staff for the quick cleanup afterward.
Mayor Hall stated he wanted to re-inform the Council that
for the past five years he has conducted a Mayor's Freeway
Litter Pickup Program once a month with nearly 1,000
volunteers and 1,700 bags of litter, however they are
restricted by Caltrans to be only on the on- and off-ramps,
and cannot be on the medians.
18. ADJOURNMENT
Mayor Hall adjourned fhe meeting at 10:03 p.m.
ATTEST:
4
CITY CLERK and Ex C7fficio C e of
the Council of the City of Bakersfi d
ACTION TAKEN
Bakersfield, California, November 19, 2008-Page 20
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