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