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HomeMy WebLinkAbout05/22/02 MINUTES CC137 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 22, 2002 Council Chambers, City Hall, t501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Salvaggio, Counciimembers Carson, Benham Maggard, Couch, Hanson, Sullivan None ACTION TAKEN DEPARTMENT BUDGET PRESENTATIONS a. City Attorney's Office Bart Thiltgen, City Attorney gave the Attorney's Office proposed budget. Couch requested copies of the Railroad Crossings Strategic Plan be provided to Council. b. Centennial Garden and Convention Center Jim Foss, Executive Director, gave a brief presentation and showed video on SMG Operations and Centennial Garden events, and Steve Womack, Director of Finance, gave a brief financial update. Maggard requested a copy of the Executive Summary, written information showing how the deficit has been decreased, operating expenses/revenue for this year verses last year, be provided to Council. Couch requested a copy of the Centennial Garden and Convention Center budget. NAT NAT 138 Bakersfield, California, May 22, 2002 - Page 2 DEPARTMENT BUDGET PRESENTATIONS continued c. Finance Department Greg Klimko, Finance Director and Nelson Smith, Assistant Finance Director, gave a computer presentation and provided written material Couch requested a brief memorandum describing the moving of the TOT revenue source, and information regarding what percent of sales tax the County receives. Motion by Salvaggio to adjourn from Budget Presentations at 6:17 p.m. CLOSED SESSION ACTION TAKEN NAT APPROVED None. REGULAR MEETING INVOCATION by Reverend William T. Ekhardt, Northminster Presbyterian Church PLEDGE OF ALLEGIANCE by Zachary Houston, 3rd Grade Student, and Nicklaus Houston, 1st Grade Student, Ronald Reagan Elementary School 3. ROLLCALL Present: Mayor Hall, Vice-Mayor Salvaggio, Councilmembers Carson, Benham Maggard, Couch, Hanson, Sullivan Absent: None CLOSED SESSION ACTION None. PRESENTATIONS a. Mayor Hall presented a Proclamation to Dave Christensen, District Manager of Southern California Gas Company, proclaiming May 26 through June 1, 2002 as "Energy Efficiency Awareness Week". Bakersfield, California, May 22, 2002 - Page 3 10. PRESENTATIONS continued Rhonda Smiley, Office Administrator/Public Relations, introduced Mongolian Delegation Mr. Bayer Budragchaa, Interpreter and Managing Director of Economic and Legal Consultancy; Ms. Ichinkhorloo Amaraa, Chief of Incoming and Financial Urban Division and Land Management Department of City; Ms. Dashsetseg Dash, Senior Expert in Economic and Strategic Policy Department, Capital Cities Governor's Office; Mr. Songino Enkhbaatar, Head of City Taxation Department of the National Taxation Agency, Member of City Council. Mr. Songino Enkhbaatar made remarks regarding ICMA Resources Exchange Program. Mayor Hall recognized Bart Thiltgen, City Attorney, who stated during the workshop presentation incorrect reference was made to Smith-Barney and stated Payne- Weber is the correct investment company dealing with the bond issue. Motion by Sullivan to move Reports 10. a. forward on the agenda to be heard after Public Statements. PUBLIC STATEMENTS The following individuals spoke regarding horse riding areas in Jewetta & Stockdale: Joyce Snapp, submitted petitions; Debra Coyle, representing the Horse Riders of Rosedale, and Sandy Eickenhorst. The following individuals spoke regarding the Charrette: Isaiah Crompton and Renee Nelson. Mike Miller spoke regarding Reports Item 10.a. Historical Documents. REPORTS a. Community Services Committee Report No. 2-02: 1. Historical Documents 2. In God We Trust 3. Liberty Garden Maggard requested staff provide more clarity regarding the costs and who will be paying. ACTION TAKEN APPROVED APPROVED Motion by Benham to accept report. APPOINTMENTS None. Bakersfield, California, May 22, 2002 - Page 4 ACTION TAKEN CONSENT CALENDAR Minutes: a. May 8, 2002 Council Meeting. Payments: Payments from April 26, to May 9, 2002 in the amount of $6,056,161.75; and Self Insurance payments from April 26, to May 9, 2002 in the amount of $89,851. Ordinances: c. Ordinances relating to oil well drilling/production: Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code by amending Chapter 15.66 and repealing Chapter 15.67 relative to oil and mineral drilling and production. (First reading 5/8/02) Adoption of an ordinance amending Title 16 of the Bakersfield Municipal Code by amending Subsections 16.16.010 E; 16.16.060 A.2; and 16.20.060 B.3; and adding Sections 16.28.170 B.5 and 16.28.170 D.4 relative to oil wells and production. (First reading 5/8/02) Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code relative to Chapters 17.46 DI (Drilling Island District) and 17.47 PE (Petroleum Extraction Combining District) and Subsection 17.64.050 B.3. (First reading 5/8/02) Adoption of ordinance amending Sections 5.02.200, 10.60.070 and 10.76.080 and deletion of Chapter 8.20 of the Bakersfield Municipal Code relating to administrative appeals. (First reading 5/6/02) ORD 4058 ORD 4059 ORD 4060 ORD 4061 141 Bakersfield, California, May 22, 2002 - Page 5 CONSENT CALENDAR continued First reading of an ordinance amending the Bakersfield Municipal Code Section 1.12.040 and Section 1.12.070 by adding Annexation Nos. 422, 425, 426, 430 and 432 to Ward 4 and Annexation Nos. 423 and 424 to Ward 7. First reading of an ordinance amending Section 1.34.010 Subdivision B and Section 1.34.020 Subsection B of the Bakersfield Municipal Code relating to administrative appeals. Resolutions: Resolution authorizing submission of application to the U.S. Department of Housing and Urban Development for FY 2002 Economic Development Initiative - Special Projects Grant for $490,000. (Ward 2) Resolution adding territory, Area 1-24 (Morroco) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Resolution establishing Maintenance District TS-8 (Calloway, Hageman NE), confirming the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) Resolution adding territory, Area 4-23 (Kern Canyon Road) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) Assessment District No. 02-1 (Avalon/Belsera/Montara/TheWoods): (Ward 4) Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving Boundary Map. 3. Resolution of Intention No. 1276. ACTION TAKEN FR FR RES 074-02 RES 075-02 RES 076-02 RES 077-02 RES 078-02 RES 079-02 ROI 1276 142 Bakersfield, California, May 22, 2002 - Page 6 CONSENT CALENDAR continued Resolution amending Boundary and approving Boundary Map for Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/Westlake). (Ward 4) Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 01-2 (Seven Oaks II/River Walk). Resolution confirming assessment for construction costs of curb/gutter and drive approach and authorizing the collection of assessments by the Kern County Tax Collector. (Ward 7) 1. Agreement with Ronald and Cynthia Clement, 2917 McCall Avenue, to pay for curb/gutter and drive approach construction costs in installments and notice of special assessment lien. Resolution confirming assessment for construction costs of curb and gutter and authorizing the collection of assessments by the Kern County Tax Collector. (Ward 7) Agreement with Cecelia Chinn, 2921 & 2925 McCall Avenue, to pay for curb and gutter construction costs in installments and notice of special assessment lien. Resolution confirming assessment for construction costs of curb/gutter and drive approaches and authorizing the collection of assessments by the Kern County Tax Collector. (Ward 7) Agreement with Louise Baldwin, 2908 & 2916 McCall Avenue, to pay for curb/gutter and drive approaches construction costs in installments and notice of special assessment lien. q. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Communities at Westlake, LLC for Tract 6077, Unit 1, located south of Olive Drive, west of Calloway Drive. (Ward 4) ACTION TAKEN RES 080-02 RES 081-02 RES 082-02 AGR 02-125 RES 083-02 AGR 02-126 RES 084-02 AGR 02-127 AGR 02-128 AGR 02-129 143 Bakersfield, California, May 22, 2002 - Page 7 CONSENT CALENDAR continued Final Map and Improvement Agreement with Communities at Westlake, LLC for Tract 6077, Unit 2, located south of Olive Drive, west of Calloway Drive. (Ward 4) Final Map and Improvement Agreements with Campus Park Development, LLC for Tract 6082, Unit 1, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 5) Final Map and Improvement Agreement with Campus Park Development, LLC for Tract 6082, Unit 2, located south of Campus Park Drive, east of Mountain Vista Drive. (Ward 5) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 1, located south of Snow Road, west of Calloway Drive..!Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 3, located south of Snow Road, west of Calloway Drive.(Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 4, located south of Snow Road, west of Calloway Drive. (Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5993, Phase 5, located south of Snow Road, west of Calloway Drive. (Ward 4) Final Map and Improvement Agreement with Kyle Carter Homes, Inc. for Tract 6003, Phase 3, located south of Krebs Road, west of Mohawk Street. (Ward 4) 10. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6003, Phase 4 located south of Krebs Road, west of Mohawk Street. (Ward 4) 11. Final Map and Improvement Agreements with Rosedale Construction Company for Tract 5625, Unit I located south of Olive Drive, west of Jewetta Avenue. (Ward 4) ACTION TAKEN AGR 02-130 AGR 02-131 AGR 02-132 AGR 02-133 AGR 02-134 AGR 02-135 AGR 02-136 AGR 02-137 AGR 02-138 AGR 02-139 AGR 02-140 AGR 02-141 AGR 02-142 AGR 02-143 AGR 02-144 AGR 02-145 AGR 02-146 144 Bakersfield, California, May 22, 2002 - Page 8 CONSENT CALENDAR continued q. 12. Final Map and Improvement Agreements with Rosedale Construction Company for Tract 5625, Unit 2, located south of Olive Drive, west of Jewetta Avenue. (Ward 4) 13. Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for Tract 6005, Phase 1, located south of Hageman Road, west of Coffee Road. (Ward 4) 14. Final Map and Improvement Agreement with Stuart Thomas Incorporated, DBA Lenox Homes, for Tract 6064, Phase 1, located south of Berkshire Road, east of South H Street. (Ward 7) 15. Final Map and Improvement Agreements with Soper Homes, Inc., for Tract 6038, located south of Brimhall Road, west of Jenkins Road. (Ward 4) 16. Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 6013, Phase 3, located north of Hageman Road, east of Fruitvale Avenue. (Ward 4) 17. Final Map and Improvement Agreements with Sierra West Estates for Tract 5362, Phase 3, located east of Wible Road, south of Hosking Avenue. (Ward 7) Agreement with Caliente Union School District, a non-profit organization, to purchase 15 surplus computers and three surplus printers from the City for $1.00 each for a total of $18.00. Agreement with Bakersfield S.P.C.A., a non-profit organization, to purchase one used police sedan for $1,200. Agreement with Bakersfield Association for Retarded Citizens, a non-profit organization, to purchase 10 surplus laptop computers from the City for $1.00 each for a total of $10.00. Two-Year Lease Agreement with the Housing Authority of the County of Kern, $4,800 annually for office space at 1630 East 11th Street. (Ward 1) ACTION TAKEN AGR 02-147 AGR 02-148 AGR 02-149 AGR 02-150 AGR 02-151 A GR 02-152 AGR 02-153 AGR 02-154 AGR 02-155 AGR 02-156 AGR 02-157 A GR 02-158 AGR 02-159 AGR 02-160 AGR 02-161 145 Bakersfield, California, May 22, 2002 - Page 9 CONSENT CALENDAR continued Contract Change Order No. 2 to Agreement No. 01-064 with Granite Construction in the amount of $177,133.46, total contract amount of $2,274,581.38, for the White Lane Street Resurfacing and Street Widening Construction from Wilson Road to Dovewood Street Project. (Ward 6) Contract Change Order No. 3 to Agreement No. 01-042 with Utah Pacific Construction Company in the amount of $79,491.40, total contract amount of $7,930,185.80, for the construction of Buena Vista Trunk Sewer Phase II and widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane. (Ward 4) Bids: Accept bid to award contract to Jeskell, Incorporated, $171,719.33 to furnish, configure and install IBM pSeries Computer Systems and associated software. y. Mohawk Sewer Installation Phase Ih (Ward 4) Accept bid and award contract to Utah Pacific Construction, $2,295,320 for constructing Mohawk Sewer installation Phase II. Transfer $299,500 of Capital Improvement Program Budget Appropriations from the Sewer Rehabilitation - Red Lion Project to the Mohawk Sewer Installation Project within the Sewer Enterprise Fund. Appropriate $1,230,000 Fund Balance to the Capital Improvement Program Budget within the Sewer Enterprise Fund. ACTION TAKEN AGR 01-064 CCO 2 AGR 01-042 CCO ..3 CON 02-162 CON 02-163 aa. Accept bid from Municipal Maintenance Equipment, $153,201.26 for a combination Drain and Catch Basin Cleaner for Street Maintenance Division (additional). Reject all bids for installation of safety railing at Smoke Hatches on Centennial Garden Arena Roof. (Ward 2) Bakersfield, California, May 22, 2002 - Page 10 CONSENT CALENDAR continued Miscellaneous: bb. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $189,726.32. cc. Approval of Tree Trimming - Community & Commercial Education Efforts. Motion by Salvaggio to adopt Consent Calendar Items a. through cc. ACTION TAKEN APPROVED HEARINGS Concurrent General Plan Amendment/Zone Change P01-0822: (Ward 4) Floyd Hinesley has proposed a General Plan Amendment and an ordinance amendment for approximately 40 acres, located at the northeast corner of Noriega Road and Allen Road. Resolution approving the Negative Declaration and adopting the General Plan amendment to change land use designations from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential). First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-13 from A (Agriculture) to an R-1 (One Family Dwelling) Zone. Jack Hardisty, Development Services Director, gave a brief update and corrected minor typographical errors. Hearing opened at 7:58 p.m. No one spoke at hearing. Hearing closed at 7:58 p.m. Motion by Couch to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. RES 085-02 FR APPROVED 147 Bakersfield, California, May 22, 2002 - Page 11 HEARINGS continued b. Concurrent General Plan Amendment'Zone Change P01-0916: (Ward 4) The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. There was an appeal to the Planning Commission decision on the Zone Change item. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). First reading of an ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - five acres minimum) to C-O/PCD(Professional and Administrative Office Commercial/Planned Commercial Development) on five acres. Jack Hardisty, Development Services Director, gave a brief update and corrected minor typographical errors. City Clerk McCarthy announced correspondence has been received from Law Offices of Richard A. Monje, representing property owners in opposition of the General Plan amendment. Hearing opened at 8:06 p.m. Motion by Couch to continue Hearing b. to the June 12, 2002 Council meeting. ACTION TAKEN APPROVED AB BENHAM Concurrent General Plan Amendment/Zone Change No. P01-1014: (Ward 7) The Lusich Company has proposed a General Plan Amendment and an ordinance amendment for approximately 98.39 acres, located east of Wible Road, between Berkshire Road and Hosking Road. Bakersfield, California, May 22, 2002 - Page 12 HEARINGS continued Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) and HR (High Density Residential) to LR (Low Density Residential) on 98.39 acres. First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 from A-20A (Agricultural-20 Acre Minimum Lot Size) to R-1 (One Family Dwelling) on 98.39 acres. Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:08 p.m. Robert Lusich spoke in support of staff recommendations. Hearing closed at 8:09 p.m. Motion by Salvaggio to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. ACTION TAKEN RES 086-02 FR APPROVED AB BENHAM Concurrent General Plan Amendment/Zone Change No. P01-1018: (Ward 5) Castle and Cooke has proposed a General Plan Amendment for approximately 49 acres and an ordinance amendment for approximately 41 acres, located along the north side of White Lane between Buena Vista Road and Allen Road. The applicant has submitted an appeal to the Planning Commission recommendation to deny the GPA change from OS-P (Open Space - Parks to LR (Low Density Residential) on 8 acres. Bakersfield, California, May 22, 2002 - Page 13 HEARINGS continued ACTION TAKEN Resolution approving the Negative Declaration and overturning the Planning Commission recommendation by adopting the requested General Plan Amendment to change land use designations from HMR (High Medium Density Residential), GC (Regional Commercial) and OS-P (Open Space - Parks) to LR (Low Density Residential) on approximately 49 acres. RES 087-02 First reading of an Ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 122-12 from R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial)to R-1 (One Family Dwelling) zone on 41 acres. FR Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:11 p.m. Roger Mclntosh spoke in support of staff recommendation. Hearing closed at 8:17 p.m. Motion by Hanson to adopt the resolution adopting the Negative Declaration and overturning the Planning Commission recommendation to deny the parkland change and approve the requested General Plan Amendment and first reading of the ordinance. APPROVED AB BENHAM Concurrent General Plan Amendment/Zone Change P01-101g: (Ward 4) Castle & Cooke, California, Inc. has proposed a General Plan Amendment and an ordinance amendment on two sites consisting of 61.12 acres. Site 1 - General Plan Amendment from HMR (High Medium Density) to LR (Low Density Residential) and zone change from R-2 (Limited Multiple-Family Dwelling to R-1 (One-Family Dwelling) on 17.67 acres located along the northwest corner of Stockdale Highway and the Jewetta Avenue alignment. 150 Bakersfield, California, May 22, 2002 - Page 14 HEARINGS continued Site 2 - General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and Zone Change from R-1 (One Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 43.45 acres, located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment. Castle & Cooke, California, Inc. is also requesting deletion of "mitigation measure/condition number 29" of both Resolution No. 70-97 and Ordinance No. 3774 concerning deletion of a 20 foot wide equestrian trial easement, deletion of a equestrian staging area and picnic area with improvements and deletion of a "policy for park development credit". Resolution approving the Negative Declaration and adopting the General Plan Amendment to changing the land use designations from LMR to LR on 17.67 acres, changing the land use designations from LR to LMR on 43.45 acres and amending "Condition No. 29 of City Council Resolution No. 70-97". First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-2 to R-1 on 17.67 acres, from R-2 to R- I on 43.45 and amending "Condition No. 29 of Ordinance No. 3774." City Clerk McCarthy announced petitions containing approximately 249 signatures were received on May 20~ and 22n~, 2002 in support of the Rosedale Staging and Equestrian Trails. Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:20 p.m. The following individuals spoke in opposition of staff recommendation: Dan Kimm, Geraldine Stewart and Robert White. Roger Mclntosh spoke in support of staff recommendation. ACTION TAKEN RES 088-02 FR 151 Bakersfield, California, May 22, 2002 - Page 15 HEARINGS continued The following individuals spoke in rebuttal in opposition of staff recommendation: Robert White and Dan Kimm. Roger Mclntosh spoke in rebuttal in support of staff recommendation. Hearing closed at 8:39 p.m. Salvaggio recognized Gene Bogart, Water Resources Manager, who gave clarification of the trail and staging area. Couch referred to staff for review, faxes that he received regarding fencing. Motion by Couch to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the Ordinance. Couch requested staff provide copies of the map of what will be constructed to the individuals who spoke during this hearing. f. Concurrent General Plan Amendment/Zone Change No. P01-1022: (Ward 4) Michael Dhanens Architect has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 7.46 acres of land and change the zoning from R-l-CH (One Family Dwelling- Church) to R-2 (Limited Multiple Family) on the same 7.46 acres, located adjacent on the north side of Brimhall Road, approximately one quarter mile east of Jewetta Avenue. 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 SR (Suburban Residential - less than or equal to 4 dwelling units per net acre) to LMR (Low Medium Density Residential) - more than 4 and up to 10 dwelling units per net acre on 7.46 acres. ACTION TAKEN APPROVED RES 089-02 152 Bakersfield, California, May 22, 2002 - Page 16 HEARINGS continued First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-30 from R-l-CH (One Family Dwelling-Church) to R-2 (Limited Multiple Family Dwelling) on 7.46 acres. Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 8:59 p.m. Michael Dhanens spoke in support of staff recommendation. Hearing closed at 9:00 p.m. Motion by Couch to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment and first reading of the ordinance. g. General Plan Amendment No. 02-0006: (Ward 3) The City of Bakersfield has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres of land, located adjacent on the east side of Oswell Street, just north of Glenbrook Avenue. 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 HMR (High Medium Density Residential) to OC (Office Commercial) on .85 acres. Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 9:02 p.m. ACTION TAKEN FR APPROVED RES09~02 No one spoke at hearing. Hearing closed at 9:02 p.m. 153 Bakersfield, California, May 22, 2002 - Page 17 HEARINGS continued ACTION TAKEN Motion by Maggard to adopt the resolution adopting the Negative Declaration and approving the General Plan Amendment. APPROVED h. Concurrent General Plan Amendment/Zone Change 02-0106: (Ward 4) The City of Bakersfield Water Resources Department has proposed a General Plan Amendment and Zone Change for approximately 40.44 acres, located along the northerly sides of Stockdale Highway and the Cross Valley Canal, the southerly side of the Rio Bravo Canal and approximately one-half mile east of Allen Road. Resolution approving the Notice of Exemption and adopting the General Plan Amendment to change land use designations from LR (Low Density Residential) and GC (General Commercial) to OS-P (Open Space-Parks and Recreational Facilities). First reading of an ordinance approving the Notice of Exemption and amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 101-36 and 122-01 from R-1 (One-Family Dwelling) and C-2 (Regional Commercial) to OS (Open Space). Jack Hardisty, Development Services Director, gave a brief update. Hearing opened at 9:04 p.m. No one spoke at hearing. Hearing closed at 9:04 p.m. Motion by Couch to adopt the resolution adopting the Notice of Exemption and approving the General Plan Amendment and first reading of the ordinance. RES 091-02 FR APPROVED 154 Bakersfield, California, May 22, 2002 - Page 18 HEARINGS continued The City of Bakersfield proposes to submit a Section 108 loan application to HUD in the amount of $4.2 million dollars to provide funds for various economic development activities and construction of public facilities. (Wards 2,3) Resolution authorizing submission of the application to the Department of Housing and Urban Development. 4 Reimbursement of advance of City funds up to $210,000 for property acquisition expenses. Donna Kunz, Economic Development Services Director, gave a brief update and corrected minor typographical errors. Hearing opened at 9:07p.m. No one spoke at hearing. Hearing closed at 9:07p.m. Carson stated the following corrections: This application is for Ward 1 and 2; also in the staff report under the items of Public Use, counseling and training should read commercial and training. Motion by Carson to approve the Section 108 Loan application, adoption of the resolution and advance~reimbursement of funds from the loan proceeds up to $210,000, as amended to change "counseling"to "commercial". At the request of Councilmember Maggard, this item was deferred to the meeting of June 12, 2002 and staff directed to provide documentation to Council. ACTION TAKEN NAT WITHDRAWN lO. REPORTS a. Community Services Committee Report No. 2-02: 1. Historical Documents 2. In God We Trust MOVED FORWARD ON AGENDA SEE PAGE 3. 3. Liberty Garden 155 10. Bakersfield, California, May 22, 2002 - Page 19 11. REPORTS continued b. Southeast Charrette Report. Jack Hardisty, Development Services Director, gave a computer presentation and provided written material. Motion by Carson to accept report. DEFERRED BUSINESS ACTION TAKEN APPROVED AB SAL VAGGIO None. 12. NEW BUSINESS None. 13. COUNCIL & MAYOR STATEMENTS Benham referred to Mayor Hall and staff for review, an e-mail from Steven Montgomery regarding Highway 99 beautification and related issues. Benham referred to staff an e-mail from Gary Johanson regarding renaming the freeway in honor of Highway Patrol Officer David Manning, and requested staff respond. Maggard commended Councilmember Carson, Development Services Director Hardisty, and all who assisted in the Charrette process. Maggard stated Senior Police Officer James Gains is being honored at the State and County level for extraordinary valor in the course of his duties and requested staff make arrangements so Council can also recognize Mr. Gains. Maggard requested staff provide an updated Council phone list. Maggard requested Assistant City Manager Stinson provide an update regarding the future Northeast Fire Station. Maggard requested staff review the traffic flow, going south on Mt. Vernon, the island is causing traffic to be potentially dangerous and the left turn lane east at Mallview Road the lanes turn from two to one lane which could also cause potential accidents. 156 Bakersfield, California, May 22, 2002 - Page 20 13. COUNCIL & MAYOR STATEMENTS continued Sullivan requested staff provide a report specifying the time frame when the units on the south side of Ming Avenue "church property" will be removed and rebuilt. Sullivan complimented Assistant City Manager Christensen for doing an excellent job in the absence of City Manager Tandy. Carson requested staff contact Cai Trans regarding installing signs, or making a controlled intersection at 8~ Street and Union Avenue. Couch thanked Public Works staff for installing the 4-way STOP sign at Old Farm Road and Brimhall Road and the response from Steve Walker on Olive Drive and Calloway. Couch stated he received a copy ora letter from the City to an appellant regarding Transportation Impact Fee Credit issue and requested staff provide Council with ail the information and background regarding this issue. Couch submitted referrals to Assistant City Manager Stinson. Couch stated he hopes the beautification of Highway 99 also includes the on/off ramps into Bakersfield. Couch commended Councilmember Maggard for suggesting the "Movies in the Park". Couch stated support for criteria in the General Plan for fire station construction and requested Fire Chief Fraze review and provide a brief report to Council regarding what other cities are doing. Couch asked staff if we would have to place a measure regarding the Transient Occupancy Tax on the ballot, like the County placed it in March. City Attorney Thilten responded. Couch requested staff provide him with the procedures by which the A t Large Members of LAFCO are appointed. ACTION TAKEN 157 13. Bakersfield, California, May 22, 2002 - Page 21 COUNCIL & MAYOR STATEMENTS continued Hanson made comments to a memorandum dated May 10t", from Recreation & Parks Director Stan Ford to City Manager Alan Tandy regarding the Skateboard situation and stated he was appalled by the thousands of dollars of damage at Silver Creek Park and feels those who are breaking the law should be held accountable. Hanson requested Assistant City Manager Christensen contact Chester Molen and schedule a meeting. Hanson requested staff assist him in following up to a letter he received from a disabled woman. Hanson made comments regarding a letter from Patsy Hood, from Long Beach, to the Editor in The Bakersfield Cafifornian, regarding living in Bakersfield and Hanson stated Bakersfield is a good place to live and chooses not to leave. Carson requested Fire Chief Fraze also address in their report, issues at all Fire Stations throughout the City. Mayor Hall requested Assistant City Manager Christensen meet with him regarding recognition of Officer Gains. Mayor Hall commended Development Services Director Hardisty for his enthusiasm and leadership with the Charrette process. ACTION TAKEN 14. ADJOURNMENT MAYOR of the Cit,j of Bakersfield, CA/ ATTEST: CITY CLERK and Ex Officio Cle~of the Council of the City of Bakersfield 158