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HomeMy WebLinkAbout08/22/01 MINUTES CC BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 22, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. 215 PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan (seated at 5:27 p.m.) None ACTION TAKEN 2. WORKSHOP a. Update on Riverwalk Plaza. Alan Tandy, City Manager, gave a general update and overhead presentation of circumstances surrounding the Riverwalk Plaza Project (City Center Project), related Development Disposition Agreement, and provided written material. Carson requested staff provide a copy of the letter from the lender stating conditions to Council. NAT Update regarding Public Works Street Maintenance Efforts. Brad Underwood, Public Works Operations Manager, gave a computer presentation and brief update regarding street maintenance efforts. Ted Wright, Civil Engineer, gave a presentation on the Capital Improvement Program. c. Ward Reapportionment Continued to a future meeting. Motion by Salvaggio to recess to Closed Session at 6:21 p.m. NAT APPROVED 216 Bakersfield, California, August 22, 2001 - Page 2 CLOSED SESSION Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding property located at 6917 Akers Road, APN 515-031-08; Negotiating Parties: Finance Director Gregory Klimko, Real Property Manager Don Anderson and Leonard Aguirre; Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel Existing Litigation; Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9. Roger Edwin Hartley, etc. vs. City of Bakersfield, et al.; United States District Court, Eastern District, Case No. ClV-F-00-5894 AWl DLB Motion by Benham to adjourn from Closed Session at 7:00 p.m. ACTION TAKEN NAT NAT APPROVED 1, REGULAR MEETING INVOCATION by Reverend Mark J. Lawrence, Saint Paul's Episcopal Parish. PLEDGE OF ALLEGIANCE by Lauren Holbrook, 3~ grade student at Centennial Elementary. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan None CLOSED SESSION ACTION Mayor Hall announced there was no reportable Closed Session Action. PRESENTATIONS None. 217 Bakersfield, California, August 22, 2001 - Page 3 PUBLIC STATEMENTS The following individuals spoke regarding annexation: Barbara Fowler; Becky Kaiser; and Barbara Fields, submitted written material. b. Terry Swisher spoke regarding policy brutality/harassment. Stuart Gentry spoke regarding ordinance regarding bonding. Bill Martin, Project Director, Tobacco Education Program, spoke regarding self-service display ban ordinance. Jason Andrews spoke regarding his concerns with elevated tree houses/forts. Couch referred the issue of elevated tree houses/forts to the Urban Development Committee for review. ACTION TAKEN APPOINTMENTS None. CONSENTCALENDAR Minutes: a. August 8, 2001 Council Meeting. Payments: Payments from July 27, to August 9, 2001 in the amount of $7,309,560.10; and Self Insurance payments from July 27, to August 9, 2001 in the amount of $600,829.88. Resolutions: Resolution of Intention No. 1249 to establish Maintenance District TS-6, (E. Brundage, Hayes), for traffic signal maintenance and operation, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 1) ROI 1249 Bakersfield, California, August 22, 2001 - Page 4 CONSENT CALENDAR continued Resolution of Intention No. 1251ordering the vacation of 1st Street, between Chester Avenue and Eye Street. (Albertson's Market Site) (Ward 2) Co-generation Engine Emission/Performance System at Wastewater Treatment Plant 3: Resolution determining that modifications to the Co-generation Engine Emission/Performance System at Wastewater Treatment Plant 3 cannot be accomplished through the usual bidding procedures and authorize the Finance Director to dispense with bidding, not to exceed $41,287.98. Agreement with Combustion Compliance Company $41,287.98 for the purchase and installation of equipment to modify the co-generation engine at Plant 3. Resolution Adopting the Investment Policy of the City. Resolution establishing Council Policy for cable broadcast of public meetings. Resolution setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Amendment No. 1 to Resolution No. 146-00 revising the dates of regular meetings of the City Council during the month of October, 2001. Agreements: j. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Kyle Carter Homes, Inc., for Tract 6003, Phase 1, located south of Krebs Road, east of Fruitvale Avenue. (ward 4) Final Map and Improvement Agreement with Kyle Carter Homes, Inc., for Tract 6013, Phase 1, located north of Hageman Road, east of Fruitvale Avenue. (Ward 4) ACTION TAKEN REMOVED FOR SEPARATE CONSIDERA~ON RES ff9-Of AGR 0f-185 RES 120-0'1 RES 121-01 RES 122-01 RES ~46-00(~) AGR 0'1-186 AGR 01-f87 Bakersfield, California, August 22, 2001 - Page 5 CONSENT CALENDAR continued Improvement Agreement with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10465, located south of Pacheco Road, west of Gosford Road. (Ward 6) Agreement with Kern River Partners, LLC for dedication and reservation of real property, located at the southwest corner of Highway 178 and Miramonte Drive. (Ward 3) Agreement with Friendship House Community Center (FHCC) for $35,000 of Community Development Block Grant Funds to rehabilitate the recreation center and classroom located at 2424 Cottonwood Road. (Ward 1) Agreement with Kern County Hispanic Chamber of Commerce, a non-profit organization, to purchase two surplus computers from the City for $1.00 each, total of $2.00. n. Entry Monument Signs: Ground Lease Agreement at Kern Delta Park located on the east side of State Route 99, between McKee Road and Panama Road. (Outside City Limits) Developer Reimbursement Agreements for Street Reconstruction: Reimbursement Agreement with Castle & Cooke California, Inc.$34,646 for reconstruction of existing pavement on the south side of Brimhall Road, between Alien Road and Jewetta Avenue. (Ward 4) Reimbursement Agreement with Castle & Cooke California, Inc. $115,939 for reconstruction of existing pavement along the west side of Gosford Road, between Pacheco Road and Harris Road. (Ward 4) Amendment No. 2 to Agreement No. 99-214 with Green Gardens and Golden Empire Affordable Housing, Inc. for the assignment of a 90 unit affordable multi-family housing project located at 2300 South Union Avenue. (Ward 2) ACTION TAKEN AGR 0f-188 AGR 01-189 DEED 5455 AGR 01-'190 DEED 5456 ABS MAGGARD AGR 01-19'1 AGR 01-192 AGR 0'1-193 AGR 01-194 AGR 99-214(2) Bakemfield, California, August 22, 2001 - Page 6 CONSENT CALENDAR continued Amendment No. 2 to Agreement No. 00-287 with RBF Consulting, $4,400 for environmental consulting on the White Lane/Highway 99 Interchange Reconstruction project. (Ward 7) Amendment No. 1 to Agreement No. PW 00-109 with Ross-Campbell, Inc. to include radio advertisements into the scope of services. (Increase of $7,248.78). Bids: Accept bid to award contract to Martha Bowers, Inc. dba BCI, in the amount of $220,535 for the construction of Gwendolyn Street area sewers. (Ward 7) Accept bid from Rehrig Pacific Company, $112,029, for 2400 refuse and greenwaste containers for the Solid Waste Division of Public Works. Accept bid from SC Communications, Incorporated, $96,187.92 for 125 Motorola Radios and accessories. Extend bid from Gibbs Truck Centers $88,709.42, for one (1) additional Three Axle Dump Truck for the Street Maintenance Division of Public Works. Extend bid from Central Valley Truck Center $240,994, for two (2) Refuse Trucks, one (1) additional front end loader and one (1) replacement roll-off, for the Solid Waste Division of Public Works. Accept bids from IBM Direct and Stutz Associates to purchase personal computers, monitors and miscellaneous equipment, not to exceed $350,000. Miscellaneous: Accept fire insurance settlement from Chubb and Sons, in the amount of $293,236 for fire damage to the Bakersfield Municipal Airport Restaurant. (Ward 1) Downtown Business and Property Owners Association request for assumption of Banner change-out responsibilities and debt. ACTION TAKEN AGR 00-287(2) AGR 01-215 CON 0'1-'!95 REFERRED TO BUDGETANDRNANCE COMMITTEE Bakersfield, California, August 22, 2001 - Page 7 221 CONSENT CALENDAR continued aa. Transfer of $50,000 from Council Contingency to the Non-Departmental Budget in the General Fund for a financial contribution to the Bakersfield Senior Center. (Ward 1) Maggard announced conflict on Consent Calendar Item 8.1. due to potential source of income to a family member. Motion by Salvaggio to adopt Consent Calendar Items a. through z., with separate consideration of Items d. and aa. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION APPROVED Resolution of Intention No. 1251ordering the vacation of 1st Street, between Chester Avenue and Eye Street. (Albertson's Market Site) (Ward 2) Carson requested staff provide additional information on business that were relocated and not given assistance; also requested staff reassure her that this issue will be addressed if offer by the City Manager for assistance is accepted. Motion by Carson to adopt Consent Calendar Item d. ROI f25f APPROVED aa. Transfer of $50,000 from Council Contingency to the Non-Departmental Budget in the General Fund for a financial contribution to the Bakersfield Senior Center. (Ward 1) Motion by Carson to adopt Consent Calendar Item aa. with the following stipulations: limit expenditures of money for Schedules A, B, and C, to current obligations and remainder of money to be used for current operations only, and not for Schedule D. Substitute motion by Salvaggio to refer Consent Calendar Item aa. to the Budget and Finance Committee. Benham requested City Attorney Thiltgen provide a legal opinion regarding the penalties referred to, how the City might be implicated if the City provided financial assistance at this time. FAILED NS SAL VAGGIO BENHAM MAGGARD COUCH HANSON SULLIVAN APPROVED 222 HEARINGS a. Bakersfield, California, August 22, 2001 - Page 8 Final Environmental Impact Report, General Plan Amendment/Zone Change P00-0291: (Ward 4) Castle & Cooke California, Inc. is requesting (1) an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Office Commercial to General Commercial, (2) an amendment to the Kern River Plan Element by changing the land use map designation from 6.25 Office Commercial to 6.2 General Commercial, and (3) Zone Change from Professional and Administrative Office to Regional Commercial on 32.89 acres, located west of Calloway Drive, between Stockdale Highway and the Kern River. Resolution certifying the Final Environmental Impact Report for General Plan Amendment/Zone Change P00-0291. Resolution adopting the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Office Commercial to General Commercial on 32.89 acres. Resolution adopting the amendment to the Kern River Plan Element by changing the land use map designation from 6.25 Office Commemial to 6.2 General Commercial on 32.89 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-31 and 123-06 from Professional and Administrative Office to Regional Commercial on 32.89 acres. Correspondence has been received from Bruce Freeman, President, Castle & Cooke, dated August 13, 2001 reporting that they have agreed with California State University Bakersfield to add an additional restriction to existing conditions proposed by the Planning Commission. Raul Rojas, Public Works Director, stated Conditions 19-23 are duplicates and recommended elimination of those conditions. ACTION TAKEN RES 123-01 RES124~1 RES 125-01 FR Bakersfield, California, August 22, 2001 - Page 9 HEARINGS continued a. Hearing opened at 8:27 p.m. The following individuals spoke in opposition of staff recommendation: Scott White; Ryan Oliver; Cherly Scott; Linda Redman; and Terry Redman. The following individuals spoke in support of staff recommendation: Roger Mclntosh, representing Castle & Cooke California; Bill Sampson, Castle & Cooke, submitted written material; Brent Dezember; Greg Lentz; Lisa Berringer; Anne Marie Brawn, read letter from Eric Porter; and Joe Columbo. Hearing closed at 8:57 p.m. Mayor Hall recessed the meeting at 8:57p.m. and reconvened at 9:08 p.m. Motion by Couch to adopt the resolutions certifying the final environmental impact report and approving the general plan amendment with current and additional conditions, first reading of the ordinance and denial of the appeal; additional conditions: · Delete Condition Nos. 19-23 (duplicate) · No. 8: Kern River Plan plant materials are to be used; · No. 11: Restricted uses - motorcycle sales; · No. 19: The area west of the easterly 1,192 feet of the project site shaft not contain building pads (first floor area) greater than 100,000 sq. ft.; and Any Home Improvement Center type use shaft not exceed 75,000 sq. ft. in size. · No. 20: Fast food restaurants limited to 3, and shaft not be located within the easterly f, 192 feet of the site. · No. 52: Any hotel/motel use located at the northwest corner of Calloway Drive and Stockdale Highway shaft not exceed a maximum of fO0 rooms and shaft not exceed a height of two stories. Any hotel/motel use located between the western boundary of the easterly 1,192 feet of the project site and the northwest corner of Caftoway Drive and Stockdale Highway shaft not exceed a maximum of 120 rooms and shaft not exceed a height of two ACTION TAKEN APPROVED 224 Bakersfield, California, August 22, 2001 - Page 10 HEARINGS continued stories. Any hotel/motel use located west of the easterly 1,192 feet of the project site shall not exceed a maximum of 200 rooms. No pool, spa, or recreation area shall be visible from Stockdale Highway. No. 54: A minimum of six pedestrian walkways, with one specifically provided at the northwest corner of the project site, shall be established to provide independent pedestrian access to focal points or major tenants through parking areas. No. 55: Any theater type use shall not exceed a maximum of 1,500 seats and no show or movie shall begin after 10:45 p.m. No. 56: The northwest corner of Stockdale Highway and Calloway Drive and the area directly south of the main entrance, or south of Stockdale Highway, shall have enhanced compatible landscaping. No. 57: No store shall be allowed greater than 2,500 square feet of gross leasable area in which 75% or more of the retail space is used for the off premises sale of alcoholic beverages. A gourmet wine and spirits shop is not included in this restriction. No. 58: No lumber yards or outdoor storage or sales displays areas shall be allowed on the entire 47 acre site. Gross leasable area includes indoor and outdoor areas. No. 59: The same architectural or design theme shall apply to the entire 47 acre site. No. 60: Only one gas station type use shah be allowed and said gas station shall be restricted to the western 15 acres of the 47 acre site. No. 61: Site development standards contained herein and applicable to this property pursuant to Title 17 are relied upon to ensure the quality of development. However, ifa variance or modification of standards is needed to achieve the appropriate development of this property consistent with the intent ACTION TAKEN Bakersfield, California, August 22, 2001 - Page 11 HEARINGS continued and purposes of the general plan, zoning ordinance and direction of this approval, the Board of Zoning Adjustment, upon application by the property owner pursuant to BMC chapter 17.64, with public notice going to all property owners within 300 feet of the entire 47 acre project site, may grant modifications to the standards. ACTION TAKEN 225 Motion by Salvaggio to proceed with remaining public hearings. General Plan Amendment No. P00-0810: (Ward 4) Kyle Carter Homes, Inc. is requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Density Residential to General Commercial on 10.81 acres, located south of Olive Drive, west of Highway 99, at the northwest corner of the Knudsen Drive and Hageman road alignment. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Density Residential to General Commercial on 10.81 acres. Jack Hardisty, Development Service Director, provided a brief update. Hearing opened at 10:22 p.m. Harold Robedson, representing Kyle Carter Homes, spoke in support of staff recommendation. Hearing closed at 10:24 p.m. APPROVED RES 126-0~ Motion by Couch to adopt the resolution. APPROVED Bakersfield, California, August 22, 2001 - Page 12 HEARINGS continued c. General Plan Amendment No. P01-0163: (Ward 3) Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from Low Medium Density Residential to General Commercial on 7 acres of land located at the northeast corner of Alfred Harrell Highway and State Route 178. Jack Hardisty, Development Service Director, stated shape of property depicted on zoning ordinance and general plan are different and recommended a map correction to be contiguous and consistent pursuant to state law. Hearing opened at 10:24 p.m. No one spoke at hearing. Hearing closed at 10:25 p.m. Motion by Maggard to adopt the resolution. ACTION TAKEN RES `/27-01 APPROVED General Plan Amendment/Zone Change No. P01- 0223: (Ward 6) SmithTech USA has requested amendments to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and a zone change on a site consisting of 28.41 acres located along the southwest corner of Pacheco Road and Old River Road. Resolution adopting the General Plan Amendment changing the land use designation from Low Density Residential to High Medium Density Residential on 28.41 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-19 changing the zoning from One-Family Dwelling to Limited Multiple- Family Dwelling on 28.41 acres. RES '/28-0'/ FR Bakersfield, California, August 22, 2001 - Page 13 HEARINGS continued Jack Hardisty, Development Service Director, gave a brief update. Hearing opened at 10:27 p.m. Patricia Harbison, Smith Tech USA, spoke in support of staff recommendation. Hearing closed at 10:28 p.m. Motion by Sullivan to adopt the resolution adopting the negative declaration and approving the general plan amendment as recommended by the Planning Commission and first reading of the ordinance. General Plan AmendmentJZone Change P01-0224: (Ward 2) Interstate Properties has proposed a General Plan Amendment on two acres and an Ordinance amendment for approximately 4 acres for a grocery store, located north of Brundage Lane, between Chester Avenue and Eye Street. Resolution adopting the General Plan Amendment and Negative Declaration to change the land use designation from High Density Residential to General Commercial. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 103-31 from Regional Commercial, Professional and Administrative Office and Limited Multiple Family Dwelling to Planned Commercial Development. Jack Hardisty, Development Service Director, gave a brief update. Hearing opened at 10:30 p.m. Don Benedict, developer, spoke in support of staff recommendation. Hearing closed at 10:31p.m. Motion by Benham to adopt the resolution adopting the negative declaration and approving the general plan amendment as requested and first reading of the ordinance. ACTION TAKEN APPROVED RES 129-01 FR APPROVED Bakersfield, California, August 22, 2001 - Page 14 HEARINGS continued General Plan Amendment/Zone Change and RiverLakes Ranch Specific Plan Amendment No. P01-0227: (Ward 4) Project Design Consultants representing RiverLakes Land Development Co. have proposed a General Plan Amendment and an Ordinance amendment for approximately 75 acres, located south of Olive Drive, between Patton Way and Calloway Drive within the RiverLakes Ranch Specific Plan area. Resolution adopting the General Plan Amendment to change land use designations to Low Medium Density Residential at the southwest corner of RiverLakes and Olive Drives; to Low Medium Density Residential, High Medium Density Residential and Office Commercial; south of Hageman and RiverLakes Drives, west of Coffee Road; and to Low Density Residential, General Commercial and Light Industrial east of Coffee Road, north of Meany Avenue. Resolution adopting the RiverLakes Ranch Specific Plan Amendment to change land use designations to Low Medium Density Residential at the southwest corner of RiverLakes and Olive Drives; to Low Medium Density Residential, High Medium Density Residential and Office Commercial south of Hageman and RiverLakes Drives, west of Coffee Road; and to Low Density Residential, General Commercial and Light Industrial east of Coffee Road, north of Meany Avenue. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 102-08, 102-17, 102-20 and 102-21 to Limited Multiple Family Dwelling at the southwest corner of RiverLakes and Olive Drives, to Limited Multiple Family Dwelling and Office Commercial south of Hageman and RiverLakes Ddves, west of Coffee Road; and to One Family Dwelling, Commercial and Light Manufacturing east of Coffee Road, north of Meany Avenue. ACTION TAKEN RES 130-01 RES 131-01 FR 229 Bakersfield, California, August 22, 2001 - Page 15 HEARINGS continued Correspondence has been received from Ed Brook, dated August 8, 2001, Chris Romanini, dated August 20, 2001 and Tony Hogg, dated June 19, 2001 in opposition to the general plan amendment, specific plan amendment and zone change. Jack Hardisty, Development Service Director, gave a brief update. Hearing opened at 10:35 p.m. The following individuals spoke in opposition of staff recommendation: Gary Grumbles, Coleman Homes; and Chris Romanini. The following individuals spoke in support of staff recommendation: Dave Demahousky, Project Designer, submitted written material; and Craig Carver. Hearing closed at 10:51p.m. Mayor Hall announced we are approaching 11:00 p.m. and have more public hearings to be conducted by the Council, in accordance with the Municipal Code, the remaining hearings must be opened and continued later in the meeting: Hearing 9.g. opened at 10:51 p.m. and continued Hearing 9.h. opened at 10:52 p.m. and continued Hearing 9.i. opened at 10:52 p.m. and continued Mayor Hall recessed the meeting at 11:07 p.m. and reconvened at 11:21 p.m. Motion by Couch to adopt the resolution adopting the negative declaration and approving the general plan amendment and specific plan amendment as recommended, the area between Riverlakes Drive and Coffee Road, south of Hageman Road will be zoned as R-2/PUD (Limited Multiple Family Dwelling Planned Unit Development) zone; Modifications to the Wall Plan in the RiverLakes Specific Plan for the area was approved as shown on Condition #14 attached to Resolutions/Ordinance; Approve General Plan as recommended, LR, LI, LMR, HMR, GC and Office Commercial and the underlying zoning and specific plan. In addition the R-2 ACTION TAKEN APPROVED Bakersfield, California, August 22, 2001 - Page 16 HEARINGS continued ACTION TAKEN zoning grants the inherit right for multi-family development at that level with the proviso that if the density of development exceeds that of a single family subdivision, it has to be done pursuant to a planned unit overlay, and first reading of the ordinance. General Plan Amendment/Zone Change P01-0228 and appeal of the Planning Commission recommendation. (Ward 4) SmithTech/USA has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and zoning on a 157.17 acre site located between Snow Road, Reina Road, Jewetta Avenue and Allen Road. Resolution adopting the General Plan Amendment and Negative Declaration to change the land use designation from Resource-Intensive Agriculture to Low Density Residential on 147.14 acres and from Resource-Intensive Agriculture to High Medium Density on 10.03 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 101-12 from Estate One-Family Dwelling to One Family Dwelling on 69.22 acres, to One-Family Dwelling Church on 10.80 acres, from Agriculture to One Family Dwelling on 67.12 acres and to Limited Multiple Dwelling on 10.03 acres. Jack Hardisty, Development Services Director, gave a brief update. Hearing re-opened at 11:33 p.m. The following individuals spoke in opposition of staff recommendation: Larry Morris; Mike Nichol; Anita Fuentes; Nichole Dodd and Charles Fritch. The following individuals spoke in support of staff recommendation: Brian Batey and Trisha Harbison, SmithTech/USA. Barbara Lomas spoke in rebuttal in opposition of staff recommendation. RES 132-01 FR 231 Bakersfield, California, August 22, 2001 - Page 17 HEARINGS continued The following individuals spoke in rebuttal, in support of staff recommendation: Trisha Harbison and Brian Batey. Hearing closed at 12:08 p.m. Mayor Hall recessed the meeting at 12:31 a.m. and reconvened at 12:51 a.m. Motion by Couch to deny without prejudice. Motion by Couch to adopt the Low Density Residential as land use designation, direct staff to re-notice and bring back the zoning ordinance. h. General Plan Amendment No. P01-0285 City of Bakersfield has applied to amend the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes to the City's Land Use and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from September 1999 and December 2000. These amendments are two separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. (County Jurisdiction) Hearing re-opened at 1:26 a.m. No one spoke at hearing. Hearing closed at 1:27 a.m. Motion by Salvaggio to adopt the resolution approving the amendments to the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. ACTION TAKEN WITHDRAWN APPROVED RES 133-01 APPROVED Bakersfield, California, August 22, 2001 - Page 18 HEARINGS continued General Plan AmendmentJZone Change No. P01- 0302: (Ward 6) The Lusich Company, Inc. has requested to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from General Commercial to Low Density Residential on 8.560 acres and Low Density Residential to General Commercial on 8.562 acres and change the zoning from Regional Commercial to One Family Dwelling on 8.560 acres and One Family Dwelling to Regional Commercial on 8.562 acres located at the northeast corner of Buena Vista Avenue and Panama Lane. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from General Commercial to Low Density Residential on 8.560 acres and Low Density Residential to General Commercial on 8.562 acres. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-19 from Regional Commercial to One Family Dwelling on 8.560 acres and One Family Dwelling to Regional Commercial on 8.562 acres. Hearing re-opened at 1:28 a.m. No one spoke at hearing. Hearing closed at 1:28 a.m. Motion by Sullivan to adopt the resolution and first reading of the ordinance. ACTION TAKEN RES 134-01 FR APPROVED 10. REPORTS None. 11. Bakersfield, California, August 22, 2001 - Page 19 12. DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-34 by changing the zoning from a Planned Commercial Development zone to a revised Planned Commercial Development zone on 16.75 acres located on the north side of Stockdale Highway, east of California Avenue. (#P01-0377) (First Reading 08-08-01) (Ward 5) Motion by Hanson to adopt the ordinance. Ordinance adding Chapter 8.58 of the Bakersfield Municipal Code relating to tobacco use prevention and self-service displays. (First Reading 08-08-01) Motion by Benham to adopt the ordinance. Ordinances imposing restrictions on skateboard use on sidewalks within selected areas of the city. Ordinance amending Chapter 10.08.020 of the Bakersfield Municipal Code relating to vehicles and traffic. (First Reading 08- 08-0~) Ordinance amending Chapter 10.52.010 of the Bakersfield Municipal Code relating to bicycles and similar vehicles. (First Reading 08-08-01) Motion by Benham to adopt the ordinances. d. City Council request for staff support and technology funding. City Attorney Thiltgen gave an update. Motion by Salvaggio to defer to next meeting. NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-35 by changing the zoning on 20 acres located along the south side of Brimhall Road, west of Jenkins Road from Agriculture zone to an Estate zone. (ZC 01-0334) (Ward 4) ACTION TAKEN ORD 4016 APPROVED ORD 4017 APPROVED ORD 4018 ORD 4019 APPROVED APPROVED NS BENHAM FR 12. Bakersfield, California, August 22, 2001 - Page 20 NEW BUSINESS continued b. Zone Change P01-0400: (Ward 2) Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 103- 20 and 103-21 from Limited Multiple- Family Dwelling to Neighborhood Commercial on a 12,819 square foot site located between State Route 178, Flower Street, State Route 178 - Beale Avenue on-off ramp/Owens Street and Beale Avenue. Motion by Benham to approve the Notice of Exemption and first reading of the ordinance. Ordinance adding Section 3.20.066 of the Bakersfield Municipal Code relating to Pre- Qualification of Bidders. ACTION TAKEN FR APPROVED FR Ordinance amending Section 3.20.090 F of the Bakersfield Municipal Code relating to bonding for City projects. FR 13. COUNCIL & MAYOR STATEMENTS Maggard commended the Police Department for a job well done when responding to the recent triple homicide and requested staff place on the next Budget and Finance Committee agenda, the issue of additional funding, $35,000 for police overtime to assist the gang task force. Maggard requested Police Chief Matlock address the Council regarding the issue of designating officers to deal with drunks and explore ways to deploy resources in a way that would better serve our community. Benham also commended police staff on dealing with the triple homicide and stated she is interested in working with Councilmember Maggard and the Police Department to help resolve issue in Downtown and the Eastside. Benham directed staff contact Angle Pacqett, Principle, Downtown School, regarding restricted parking at school site. 235 13. Bakersfield, California, August 22, 2001 - Page 21 COUNCIL & MAYOR STATEMENTS continued Hanson referred to staff the issue of a local attorney firm claiming inconsistency in collecting business license fees regarding home and business rental. Carson asked if another date had been set to meet with the Board of Supervisors due to the cancellation of the September 10, 2001 meeting. Staff responded no. Carson referred to Code Enforcement the vacant lot at 324 T Street. Carson announced a Community Meeting will be held on Saturday, at 10:00 a.m. at the City Recreation Center on 4~ Street regarding the pending Food 4 Less store at Union and California Avenue. Sullivan congratulated family members, Warren and Sue Coats for celebrating their 60th wedding anniversary. Sullivan recognized 5 generations of her family. Salvaggio referred to Public Works the issue of the possible removal of the recycling drop-off facility at Valley Plaza and requested staff follow-up with Alan Clark, General Manager, regarding options at Valley Plaza. Salvaggio referred to staff the issue of a dangling electrical wire at 1713 Fairview Road and requested staff contact PG&E. Salvaggio referred to staff the feasibility of a stop light at the intersection at Pacheco Road and Akers Road and requested a status report back. Salvaggio referred to staff the issue of Tract 50Of, Phases 3 & 4, regarding the impact it would have on the other tract regarding sewer access, etc. and requested a report back before the next council meeting. Salvaggio thanked Police Chief Matlock regarding the Police Department's effort in controlling speeding on El Potrero Lane. Salvaggio referred to the City Clerk a constituent e- mail regarding the group home in Ward I and requested staff respond to let him know the City is preempted. ACTION TAKEN 2 36 13. Bakersfield, California, August 22, 2001 - Page 22 COUNCIL & MAYOR STATEMENTS continued Salvaggio thanked Police Chief Matlock for working with constituent Evelyn Venus' issues. Salvaggio referred to Code Enforcement, e-mail from John and Sherylynn Miller regarding a severe rat problem at the property next door. Salvaggio requested Public Works staff try and meet the time schedule for the Truxtun Plaza traffic signal project. Maggard requested Police Chief Matlock respond to accusations against the police department regarding abuse in a holding cell. Police Chief Matlock responded the Police Department has not received any citizen complaint regarding this issue and will follow-up, and report back to Council ACTION TAKEN 14. ADJOURNMENT Ma,or ,ail .djour. ng MAYOR of the~ity~'f Bakersfield, cA ATTEST: Cl~ CLERK and Ex OffiCi~Clerk ~he Council of the City of Bakemfield