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HomeMy WebLinkAbout08/17/05 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 17, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING — 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Maggard Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Report on the sale of the City Farm. City Manager Tandy provided an overview, showed maps and made staff comments. Councilmember Carson requested the Budget and Finance Committee review the information presented and make a recommendation to the Council. Council requested staff provide information regarding circumstances surrounding the City's acquisition of the land. 4. CLOSED SESSION a. Conference with Legal Counsel— Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 — Anthony Campbell, et al v. City, et al. ACTION TAKEN BE 46 Bakersfield, California, August 17, 2005 — Page 2 4. CLOSED SESSION continued ACTION TAKEN b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(B) of Government Code Section 54956.9. (One case — Surrounding Objections to GPA/ZC 04- 1704) City Clerk McCarthy read into the record the following additional information: "The facts and circumstances which permit this Closed Session include, but are not limited to, information that neighbors surrounding this project have formed a citizens' action group to protest this project, and, retained an attorney to file an action against the City." Motion by Vice -Mayor Maggard to adjourn to Closed APPROVED Session at 5:47 p.m. Motion by Councilmember Couch to adjourn from APPROVED Closed Session at 6:27 p.m. RECONVENED MEETING - 6:30p.m. 5. ROLL CALL Present: Mayor Hall, Vice -Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Councilmember Carson 7. PLEDGE OF ALLEGIANCE by Randi Flores, 41h Grade Student, and Toni Flores, 2nd Grade Student at Endeavor Elementary School. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; NO REPORTABLE Closed Session pursuant to subdivision (a) of ACTION Government Code Section 54956.9 — Anthony Campbell, et al v. City, et al. b. Conference with Legal Counsel — Potential NO REPORTABLE Litigation; Closed Session pursuant to subdivision ACTION (b)(1)(3)(B) of Government Code Section 54956.9. (One case — Surrounding Objections to GPA/ZC 04- 1704) Bakersfield, California, August 17, 2005 — Page 3 4 8. CLOSED SESSION ACTION continued ACTION TAKEN City Attorney Gennaro announced Councilmember Scrivner will recused himself on item 8.b. due to a conflict of interest. 9. PRESENTATIONS a. Presentation by Mayor Hall and City Council to Congressman Bill Thomas in appreciation for securing federal highway funding for five major local transportation projects. Congressman Thomas made comments and accepted the Presentation. 10. PUBLIC STATEMENTS a. Stan Shires, Executive Director of the North of the River Chamber of Commerce, recognized the City Council and the Public Works Department. b. Robert Barnard spoke regarding train horn blowing. Councilmember Benham requested staff respond to Mr. Barnard's concerns and obtain contact information from Mr. Barnard. C. John Decker spoke regarding the street light in front of 521 E. 18`h Street and train noise. Councilmember Benham requested staff provide an explanation regarding the length of time involved in repairing the street light. Councilmember Maggard requested staff explore the feasibility of requesting a City exemption from the law requiring trains to blow whistles at all street crossings. Shane Ellis, General Manager for Kern Charter Services at the Municipal Airpark, and John Harmon spoke regarding a possible restaurant at the Airpark. e. Susan Salvucci spoke regarding the extension of Belle Terrace. Councilmember Carson requested staff contact Ms. Salvucci and provide responses to her questions. Ken Smokoska representing The California Alternative Energies Corporation, spoke regarding solar homes. 48 Bakersfield, California, August 17, 2005 — Page 4 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 20, 2005 Regular Council Meeting. Payments: b. Approval of department payments from July 8, 2005 to August 4, 2005 in the amount of $14,023,342.08 and self insurance payments from July 8, 2005 to August 4, 2005 in the amount of $1,340,271.57. Ordinances: ACTION TAKEN First Reading of Ordinance adopting a negative FR declaration and amending Section 17.06.020 (Zone Map No. 104 -17) of the Municipal Code changing the zoning from R -1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 100.16 acres located on the southwest corner of Panorama Drive and Masterson Street. (File 05 -0298) d. Adoption of Ordinance adopting a negative ORD 4262 declaration and amending Section 17.06.020 (Zone Map No. 104 -17) of the Municipal Code changing the zoning from R -1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 183.84 acres to allow a gated street seniors development generally located between Paladino and Panorama Drives, Masterson Street and Vineland Road. (File 04 -1572) Adoption of Ordinance adopting the Negative ORD 4263 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102 -05 from an A (Agriculture) to E (Estate) on 98.7± acres, located on the southeast corner of Calloway Drive and Etchart Road. (Applicant: SmithTech USA) (ZC 05- 0221). 12. Bakersfield, California, August 17, 2005 — Page 5 CONSENT CALENDAR continued ACTION TAKEN Resolutions: f. Assessment District No. 05 -3 (Liberty IlNillage Green/Tesoro- Encanto /Lin /Rider /Diamond Ridge): Resolution approving boundary map. 2. Resolution of Intention No. 1398. 3. Resolution accepting petition and determining to undertake special assessment proceedings. 4. Agreement with Wilson & Associates for assessment engineering. 5. Agreement with Orrick, Herrington & Sutcliffe for legal services (bond). 6. Agreement with Pillsbury Winthrop Shaw Pittman LLP for legal services (disclosure). g. Resolution determining that playground equipment and structure components for Quailwood Park and Campus Park North cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $102,000.00. h. Resolution adding territory, Area 1 -58 (Snow RdNerdugo NW) 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. Resolution adding territory, Area 3 -35 (Hosking/99 SW) 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. RES 173-05 U&JERT-T7 RES 174-05 AGR 05 -286 AGR 05 -287 AGR 05 -288 RES 175 -05 RES 176 -05 RES 177-05 Resolution of Intention No. 1395 adding territory, ROI 1395 Area 3 -36 (Hughes /McKee SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 50 AGR 05 -289 Bakersfield, California, August 17, 2005 — Page 6 6193 Phase 1 located easterly of Kern 12. CONSENT CALENDAR continued ACTION TAKEN k. Resolution of Intention No. 1396 adding territory, ROI 1396 Area 3 -37 (Panama/Buena Vista NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. I. Resolution of Intention No. 1397 adding territory, ROI 1397 Area 2 -30 (Stockdale /Renfro SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. M. Resolution of Intention No. 1381 to order the ROI 1381 vacation of O Street between Truxtun Avenue and 17'h Street. (Vacation of this street and alley will be contingent upon GSA's award of contract to TACT Development for the development of the Federal Courthouse project.) Agreements: Final Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements AGR 05 -289 with Bakersfield Panorama L.P. for Tract AGR 05 -290 6193 Phase 1 located easterly of Kern Canyon Road and north of Chase Avenue. 2. Improvement Agreement with Kern -HH &R AGR 05 -291 Partners for Parcel Map 10898 located south of Riverlakes Drive and west of Coffee Road. 3. Final Map with Laurelglen Realty, LLC for Tract 6348 located north of N. Half Moon Drive and west of Ashe Road. 4. Final Map for Tract 6118 Unit 6 and AGR 05 -292 Agreements with Centex Homes for Tract AGR 05 -293 6118 Units 6, 7 and 8 located south of Snow AGR 05 -294 Road and west of Old Farm Road. 5. Final Map for Tract 6195 Unit 5 and AGR 05 -295 AGR o5 -296 Agreements with Centex Homes for Tract 6195 Units 5, 6, 7 and 8 located south of Snow Road and east of Allen Road. 12. Bakersfield, California, August 17, 2005 — Page 7 CONSENT CALENDAR continued ACTION TAKEN o. Baker Street Crossing: Agreement with Union Pacific Railroad (estimated cost $99,855.00) for improvement of the Baker Street crossing of the Union Pacific tracks. 2. Void existing Agreement No. 05 -028 with Union Pacific Railroad for same crossing. p. Agreement with J. Stanley Antongiovanni (not to exceed $1.00 per year for three years) to rent a future city park site located north of Hosking Road, east of Ashe Road and south of Berkshire Road for farming purposes. q. Mesa Marin Softball and Soccer Recreation Complex: Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to provide design services in the conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast -Zone 3) for Mesa Marin design services. r. Ground Lease with John Harmon for purposes of constructing a restaurant at the Bakersfield Municipal Airport. S. Contribution Agreement with the Bakersfield Symphony Orchestra ($50,000.00) for Fiscal Year 2005 -06. t. Agreement with California water Service Company for construction of a booster station on Paladino Drive, east of Masterson Drive. U. Amendment No. 1 to Agreement No. 05 -130 with Marderosian, Runyon, Cercone, Lehman & Armo ($50,000.00, total contract not to exceed $100,000.00) for outside legal services in the matter of Anthony Campbell, et al v. City, et al. AGR 05-297 AGR 05 -298 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 05-300 AGR 05-301 AGR 05- 130(1) 51 52 Bakersfield, California, August 17, 2005 — Page 8 12. CONSENT CALENDAR continued ACTION TAKEN V. Amendment No. 3 to Agreement No. 01 -018 with AmeriNational Community Services, Inc. to add specific language to the existing agreement regarding the City's down payment assistance programs. W. Amendment No. 1 to Agreement No. 04 -293 ($1,500,000.00, revised contract not to exceed $3,000.000.00) with Granite Construction Co. for street materials for the Streets Division. X. Improvement Plan Checking Engineering Services: 1. Amendment No. 1 to Agreement No. PW05- 028 with CRC Enterprises, Inc., ($50,000.00, total contract not to exceed $70,000.00) for design engineering assistance in the updating of City standards, specifications and ordinances. 2. Appropriate $30,000.00 Capital Outlay Fund balance to the Capital Improvement Budget. Y- Amendment No. 1 to Agreement No. 02 -077 with State of California, Department of Transportation (Caltrans) for the preparation of plans and specifications for the interchange on State Route 178 at Fairfax Road. Z. Street Improvements — Right Turn Lanes at Truxtun Office Park, Truxtun @ Commercial Way, and, Ming Ave. @ SR99: 1. Contract Change Order No. 1 to Agreement No. 04 -336 with Griffith Co. ($24,189.34, revised contract not to exceed $401,766.34) for projects. 2. Appropriate $25,000.00 Gas Tax Fund balance to the Capital Improvement Budget. Bids: aa. Accept bid to award contract to AC Electric ($88,980.00) for median modification and traffic signal and lightin� installation (signal portion only) on Q Street at 14 Street. AGR 01 -018(3) AGR 04- 293(1) AGR 05 -302 AGR 02 -077(1) AGR 04336 CCO1 AGR 05303 Bakersfield, California, August 17, 2005 — Page 9 12. CONSENT CALENDAR continued ACTION TAKEN bb. Bakersfield Municipal Airport Resurfacing Project: 1. Accept bid to award contract to Valley Slurry Seal Company ($238,743.19) for construction of the project. 2. Grant Agreement with California Department of Transportation ($85,000.00) for the project. 3. Appropriate $85,000.00 California Aid to Airports Program Grant funds and $29,000.00 General Aviation Fund Balance to the Capital Improvement Budget within the General Aviation Fund. cc. Accept bid to award contract to Griffith Company ($1,475,475.00) for the resurfacing of various streets — 04/05 VLF Phase 1. dd. Accept bids from McCain Traffic Supply ($64,833.91), Western Pacific Signal LLC ($62,961.33) and GDI Communications ($3,513.51) for traffic signal equipment for the Public Works Department. (Total $131,308.75) ee. Accept bid from Sunrise Lighting Systems ($234,594.36) for signal poles for various intersections for the Public Works Department. ff. Accept bid from Econolite Control Product, Inc. ($132,271.43) for machine vision detection systems at various traffic signal locations for the Public Works Department. gg. Accept bid from Rehrig Pacific Co. ($572,929.50) for refuse, green waste and recyclable containers for the Solid Waste Division of Public Works. hh. Reject bids for annual contract for lubricating products for various City departments. Miscellaneous: ii. Granting of relocated waterline easement by Dollinger Bakersfield Associated II for Parcel 1 of Parcel Map 9301 located north of White Lane along the east side of Gosford Road. REMOVED FOR SEPARATE CONSIDERATION AGR 05 -306 DEED 6285 53 54 Bakersfield, California, August 17, 2005 — Page 10 12. CONSENT CALENDAR continued ACTION TAKEN jj. Extension of water main and granting of waterline DEED 6286 easement from Scott A. McMillan & Tani McMillan for water service to La Cabana Restaurant located at 6261 White Lane. kk. Quitclaim Deed to Lincoln Trust Company for an DEED 6287 emergency access easement over lots 114 and 115 of Tract 4159 located at 8000 and 8004 Latham Court. H. Quitclaim Deed to Lincoln Trust Company for an REMOVED FOR emergency access easement over lots 114 and 115 SEPARATE of Tract 4159 located at 8000 and 8004 Latham CONSIDERATION Court. mm. Appropriate $50,000.00 Park Improvement Fund balance (Central — Zone 2) for the demolition of Saunders Pool. REMOVED FOR nn. Water Board Report No. 1 -05 regarding water SEPARATE supplies for the City. CONSIDERATION Motion by Vice -Mayor Maggard to approve Consent APPROVED Calendar items 12.a. through 12.nn. with the removal of items 12.q., 12.r., 12.bb., 12.11. and 12.nn. for separate consideration. q. Mesa Marin Softball and Soccer Recreation Complex: 1. Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to provide design services in the conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. 2. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast -Zone 3) for Mesa Marin design services. Motion by Councilmember Maggard to refer item 12.q. APPROVED to the Planning and Development Committee. 12. Bakersfield, California, August 17, 2005— Page 11 CONSENT CALENDAR continued ACTION TAKEN Ground Lease with John Harmon for purposes of AGR 05 -299 constructing a restaurant at the Bakersfield Municipal Airport. Counilmember Carson announced she will support the Lease Agreement with the understanding she will be referring the issue of the economic feasibility of selling the airport to the Budget and Finance Committee later in the meeting. Motion by Councilmember Carson to approve the APPROVED Lease Agreement. bb. Bakersfield Municipal Airport Resurfacing Project: 1. Accept bid to award contract to Valley Slurry AGR 05-304 Seal Company ($238,743.19) for construction of the project. 2. Grant Agreement with California Department AGR 05 -305 of Transportation ($85,000.00) for the project. 3. Appropriate $85,000.00 California Aid to Airports Program Grant funds and $29,000.00 General Aviation Fund Balance to the Capital Improvement Budget within the General Aviation Fund. Motion by Councilmember Carson to approve item APPROVED 12.bb. Consideration of request for funding in the amount of $5,000.00 for the Bakersfield Downtown Business and Property Owners Association (DBA) to be used for consulting services to assist in the formation of a new Community Benefit District (CBD) for downtown. Motion by Councilmember Benham to approve item APPROVED 12.11. nn. Water Board Report No. 1 -05 regarding water supplies for the City. Motion by Vice -Mayor Maggard to accept the Report. APPROVED W 56 Bakersfield, California, August 17, 2005 — Page 12 13. CONSENT CALENDAR HEARINGS ACTION TAKEN a. General Plan Amendment/Zone Change No. 04- 1570; Project Design Consultants, representing Lenox Homes, property owner, has proposed a general plan amending and zone change on 100 acres located on the east side of S. Union Avenue, north and south of E. Berkshire Road, for which annexation into the City is proposed. 1. Resolution adopting the Negative RES 178 -05 Declaration and approving a general plan amendment to change the land use designation from SR (Suburban Residential) to ER (Estate Residential) on 33 acres and from SR to LR (Low Density Residential) on 67 acres. 2. First Reading of Ordinance adopting the FR Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to E (1 acre minimum) on 33 acres and from R -S (Residential Suburban) and E (Estate One Family Dwelling) on 67 acres. b. General Plan Amendment/Zone Change 04 -1763; SmithTech /USA Inc., representing Jean 011ivier, et al, property owner, has applied for a general plan amendment on 17 acres located along the north side of E. Berkshire Road, generally east of S. Union Avenue, for which annexation to the City is proposed. 1. Resolution adopting the Negative RES 179 -05 Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential). 2. First Reading of Ordinance adopting the FR Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101 -01 from A (Agriculture) to R -1 (One Family Dwelling) zone. Bakersfield, California, August 17, 2005 — Page 13 57 113. CONSENT CALENDAR HEARINGS continued ACTION TAKEN C. General Plan Amendment/Zone Change No. 04- 1766; SmithTech /USA Inc., representing Michel Etcheverry, property owner, has proposed a general plan amendment and zone change on 80.24 acres located at the southeast corner of Seventh Standard Road and Jewetta Avenue (future), for which annexation into the City is proposed. Resolution adopting the Negative RES 180-05 Declaration and approving a general plan amendment to change the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 80.24 acres. 2. First Reading of Ordinance adopting the FR Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to R -1 (One Family Dwelling) on 80.24 acres. d. General Plan Amendment No. 05 -0403; Cal -Kern Development, LLC, property owner, has proposed a general plan amendment on 58 acres located north of State Route 178, approximately 600 feet east of the intersection on Morning and Panorama Drives. Resolution adopting the Negative RES 181 -05 Declaration and approving a general plan amendment to change the land use designation from R -MP (Resource - Mineral and Petroleum to LR (Low Density Residential) on 58 acres. e. General Plan Amendment/Zone Change No. 05- 0535; The Keith Companies, representing Panorama Highlands Development, property owner, has proposed a general plan amendment on 11.58 acres and zone change on 12 acres located on the north and south sides of Panorama Drive, approximately Y2 mile east of Fairfax Road. w Bakersfield, California, August 17, 2005 — Page 14 13. CONSENT CALENDAR HEARINGS Item 13.e. continued Resolution adopting the Negative Declaration and approving the general plan amendment and changing the land use designation from OS -P (Open Space -Park) to LR (Low Density Residential) on 11.58 acres and from HR (High Density Residential) to LR on 12 acres. 2. First Reading of Ordinance adopting the Negative Declaration and approving the request to amend Title 17 of the Municipal Code from R -3 (Limited Multiple Family Residential) on 10.17 acres and R -3 -MH (Limited Multiple Family Residential - Mobile Home) to R -1 (One Family Dwelling) on 1.82 acres. City Clerk McCarthy announced there was an error in the staff report and the staff recommendation is to approved the item and not deny. General Plan Amendment 04 -2005; The City has proposed a general plan amendment to the Circulation Element and adopting a Specific Plan Line for the Washington Street alignment. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. g. General Plan Amendment/Zone Change No. 04- 1764; SmithTech /USA, Inc., representing Kevin Pascoe, property owner, has proposed a general plan amendment and zone change on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista Road, for which annexation into the City is proposed. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from R -IA (Resource Intensive Agricultural) to LR (Low Density Residential) on 41.89 acres. ACTION TAKEN RES 182 -05 FR REMOVED FOR SEPARATE CONSIDERATION RES 183 -05 50� Bakersfield, California, August 17, 2005 — Page 15 813. CONSENT CALENDAR HEARINGS ACTION TAKEN Item 13.g. continued 2. First Reading of Ordinance adopting the FR Negative Declaration and approving an amendment to Title 17 of the Municipal Code from County A (Agriculture) to R -1 (One Family Dwelling) on 41.89 acres. Hearings opened at 7:24 p.m. At a citizen's request item 13.f. was removed from Consent Calendar Hearings and moved to the Hearings portion of the meeting as item 14.f. Hearings closed at 7:27 p.m. Motion by Vice -Mayor Maggard to approve Consent APPROVED Calendar Hearing items 13.a. through 13.g. with the removal of item 13.f. for separate consideration. Regarding item 13. d., Vice -Mayor Maggard thanked Mr. Davis for his commitment to the community and stated for the record the applicant has agreed to the following condition: "Prior to recordation any subdivision or portion thereof for residential development, the applicant shall provide the City Recreation and Parks Department $100,000 for enhanced improvements in the community park site located approximately % mile north of the project site. Payment may be deferred to recordation of Phase 2 at the discretion of staff." 14. HEARINGS a. General Plan Amendment/Zone Change No. 04- 0815; McMillan Homes has appealed the Planning Commission's decision to deny the proposal by Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, et al for a general plan amendment and zone change on 82.5 acres located along the north side of Snow Road, generally between Allen Road and Calloway Drive. 1. Resolution adopting the Negative Declaration and requested general plan amendment from SR (Suburban Residential) to LR (Low Density Residential). 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101 -01 from A (Agriculture) to R -1 (One Family Dwelling). 00 Bakersfield, California, August 17, 2005 — Page 16 14. HEARINGS continued ACTION TAKEN Item 14.a. continued Development Services Director Grady made staff comments. Hearing opened at 7:31 p.m. Councilmember Couch announced his intention to make a motion to delay this hearing to the September 7th Council meeting. Gary Buntman, Vice - President and Co -Owner of Crimson Resource Management, and Tom Gelanardo, California Division of Oil, Gas and Geothermal Resources, spoke in opposition to the staff recommendation. Jeff Guiterrez, Dewalt Corporation, spoke in support of Councilmember Couch's proposal to delay the hearing until September 7, 2005. Motion by Councilmember Couch to continue the APPROVED hearing to September 7, 2005. b. General Plan Amendment/Zone Change No. 03- 1188 and Tentative Tract 6352; The Sierra Club has appealed the Planning Commission's decision approving a proposal by David Pitcher, representing Eagle Meadows, for a general plan amendment, zone change and Tentative Tract 6352 located between State Routes 178 and 184, east of Vineland Road for purposes of developing a single family residential subdivision. 1. Resolution denying the appeal and certifying RES 184 -05 the Final Environmental Impact Report for the Eagle Meadows development. 2. Resolution denying the appeal and RES 185 -05 approving a general plan amendment to change the land use designation from OS (Open Space) to LR (Low Density Residential) on 2.7 acres and a change to the Circulation Element to add the collector designation to Highland Knolls Drive, east of Vineland, and amend the Bikeways Master Plan for a Class II bike lane on the same segment of Highland Knolls. 14. Bakersfield, California, August 17, 2005 — Page 17 HEARINGS continued Item 14.b. continued 3. First Reading of Ordinance denying the appeal and approving an amendment to Title 17 of the Municipal Code from OS to R -1 (One - Family Dwelling) on 2.7 acres. 4. Resolution denying the appeal and approving Tentative Tract 6352. Development Services Director Grady made staff comments. Hearing opened at 7:57 p.m. Gordon Nipp, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Hearing closed at 8:05 p.m. Motion by Vice -Mayor Maggard to adopt the Resolutions with conditions included, and an amendment providing for the right of way for an interchange at Vineland and Hwy. 178, certify the E/R and give first reading to the Ordinance. C. General Plan Amendment/Zone Change No. 04- 0853; GFC Properties has proposed a general plan amendment and zone change for property generally bounded by the Rio Bravo Country Club property on the north, Comanche Drive to the west, and Breckinridge Road to the south for purposes of developing single and multi - family residences. 1. Resolution certifying the Final Environmental Impact Report for Rio Bravo No. 3 Annexation, General Plan Amendment/Zone Change No. 04 -0853. ACTION TAKEN FR RES 186-05 APPROVED RES 187 -05 61 62 Bakersfield, California, August 17, 2005 — Page 18 14. HEARINGS continued ACTION TAKEN Item 14.c. continued 2. Resolution approving a general plan RES 188 -05 amendment to change the land use designation from R -EA (Resource — Extensive Agriculture) to LR (Low Density Residential) and LMR (Low Medium Density Residential) and approving the requested general plan amendment to change the Circulation Element by eliminating one unnamed collector street segment extending from Chase Avenue within the Project site and reclassifying a separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo Country Club to a local street designation. 3. First Reading of Ordinance approving FR amendment to Title 17 of the Municipal Code from A (Agriculture) to R -1 (One Family Dwelling) and R -1 -HD (One Family Dwelling — Hillside Development) on 600 acres and R -2 (Limited Multiple Family Dwelling) and R -2 -HD (Limited Multiple Family Dwelling — Hillside Development) on 17 acres. Development Services Director Grady made staff comments. Hearing opened at 8:15 p.m. Randy Steinart and Gordon Knipp, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Ron Hunter, Kelly Lucas and Ed Coyne spoke in favor of the staff recommendation. Gordon Nipp, on behalf of the Slerra Club, spoke in rebuttal opposition to the staff recommendation. Ron Hunter spoke in rebuttal support of the staff recommendation. Hearing closed at 8:39 p.m. 63 Bakersfield, California, August 17, 2005 - Page 19 14. HEARINGS continued ACTION TAKEN Item 14.c. continued At Vice -Mayor Maggard's request for the record, Tom Fallgatter Esq., on behalf of Mr. Coyne agreed to the following: • The applicant will mitigate to zero standard as stipulated in the EIR • One of two easements remain flexible to becoming possible alternative road ways should the public interest be better served • A third roadway will be built into Rio Bravo • A roadway will be built connecting Miramonte and Comanche • Four foot shoulders for class three bike lanes from Hwy. 178 on Comanche to Edison Hwy. will be built • Applicant will provide the striping required on either side of the roadway to attain class three bike lane standard Vice -Mayor Maggard read into the record: "City is willing to enter into a Reimbursement Agreement for the PWD Conditions of Approval identified in numbers 3 and 12 below subject to approval of appropriate City Staff and, if necessary, City Council. Reimbursement shall be predicated on subsequent development of the area benefited. " Motion by Vice -Mayor Maggard to deny any appeals, APPROVED certify the EIR, include stipulations between the developer and the City, include corrections and approve the Resolutions and give first reading to the Ordinance. Recess taken from 9:02 to 9:15 p.m. d. General Plan Amendment/Zone Change No. 04- 1704; Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving proposal by Gerald Almgren, Kern Delta Land Development Corp. for a general plan amendment on 2.83 net acres and zone change on 2.04 net acres located on the east side of W ible Road approximately 200 feet south of Berkshire Road. M Bakersfield, California, August 17, 2005 — Page 20 14. HEARINGS continued Item 14.d. continued Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from LM (Low Medium Residential) to HMR (High Medium Residential) on 2.83 net acres. 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 123- 25 from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family Dwelling) on 2.04 acres. Staff comments by Development Services Director Grady. Hearing opened at 9:21 p.m. Attorney Richard Harriman spoke on behalf of the Wible Road Action Group and Valley Advocates in opposition to the staff recommendation and provided written material. Attorney Tom Fallgatter, on behalf of the applicant, Matt Kedzierski and Todd Funk spoke in favor of the staff recommendation. Richard Harriman and Lisa Hess spoke in rebuttal opposition to the staff recommendation. Motion by Councilmember Hanson to continue the hearing to the September 7' Council meeting. e. Hearing to consider Resolution amending the City's Sphere of Influence, approval of updated Municipal Services Review and adoption of a Negative Declaration. City Clerk McCarthy announced four pieces pf correspondence had been received by the City Clerk's office regarding the issue, two in support of the staff recommendation and two opposed to the staff recommendation. ACTION TAKEN APPROVED AB SCRIVNER Bakersfield, California, August 17, 2005 — Page 21 65 14. HEARINGS continued ACTION TAKEN Item 14.e. continued Staff comments by Development Services Director Grady, who noted a change in the staff recommendation pro�osing the matter be continued to the September 28` Council meeting, and City Manager Tandy. Hearing opened at 10:09 p.m. Gordon Nipp and Bob Shore spoke in opposition to the proposed item. Dave Dmohowski, Project Design Consultants, spoke on behalf of Flying Seven Ventures and Rio Bravo Ranch in favor of the proposed item. Councilmember Benham requested staff provide information regarding provisions of the Williamson Act, Super Williamson Act, time frame for obtaining Williamson Act designation and Farmland Conservation Easements. Councilmember Couch staff provide a transcript of the City Manager's introductory comments and report to Council regarding the impact on farmsdarmers should adjacent properties outside the Sphere of Influence request City services. Vice -Mayor Maggard requested staff meet with Mr. Shore to address his concerns. Motion by Vice -Mayor Maggard requested the hearing APPROVED be continued to September 28, 2005; staff to develop a strategy to communicate the City's position regarding the Sphere of Influence to all local print media. General Plan Amendment 04 -2005; The City has proposed a general plan amendment to the Circulation Element and adopting a Specific Plan Line for the Washington Street alignment. 1. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. Hearing opened at 10:38 p.m. Father Joseph Chaffee spoke in opposition to the staff recommendation. 66 Bakersfield, California, August 17, 2005 - Page 22 City Manager Tandy requested Council continue the item to the September 7`h Council meeting. Motion by Councilmember Carson to continue the hearing to September 7`h. 15. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff research utilizing video surveillance for anti - graffiti enforcement and provided an informational article. Councilmember Benham requested staff clean up hydraulic fluid spilled by a sanitation vehicle. Councilmember Benham presented Councilmember Couch with a birthday proclamation. Councilmember Scrivner requested staff provide a report regarding reducing length of time signal lights are not timed after a power outage. Councilmember Scrivner thanked Kappa Alpha Fraternity and Phi Sigma Sigma Sorority for the recent graffiti clean- up. Councilmember Sullivan requested staff fill pothole at 1217 Club View Drive and 3713 Lillian Way. Councilmember Sullivan regarding resurfacing of Estates area. requested information streets in the Westwood Councilmember Sullivan requested staff determine responsibility for maintenance of the alley behind 3100 Ashe Road and assure repair of the chain link fence and alleyway. Councilmember Sullivan requested Code Enforcement assure the Grissom, Coldwell and Hartford area north of White Lane be compliant with City standards. Councilmember Sullivan requested repairs and resurfacing be performed on Hempstead. Councilmember Sullivan requested removal of dead animals from City streets be by the end of the day reported and removal be made a top priority. Councilmember Couch thanked everyone for the birthday wishes. ACTION TAKEN APPROVED 67 Bakersfield, California, August 17, 2005 - Page 23 15. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch requested input regarding clustering of fire stations, police sub - stations, parks and schools. Councilmember Couch submitted a letter from Barbara May for the record regard continued hearing 14.a., Snow Road. Councilmember Couch requested staff respond to Terry Stoller regarding the Sphere of Influence, the Williamson Act and the Super Williamson Act. Councilmember Couch staff review compromising on usual landscaping standards for the David Gay project at the northeast corner of Brimhall and Calloway to enable the roadway to be deemed an arterial. Councilmember Carson requested the Budget and Finance Committee address the sale of the municipal airport land to mitigate the negative effect present flight plans have on property values and development in the southeast; encourage housing development, commercial development, schools and creation of jobs. Councilmember Carson requested the Legislation and Litigation Committee address developing an Ordinance limiting the number of sex offenders being released in the City and regulate numerical concentration in the areas where they reside. Councilmember Carson expressed appreciation to the Mayor and delegates who made the recent trip to Bakersfield's new Sister City, Queretaro Mexico; additionally requested staff provide input regarding ways to enhance cultural improvement between Bakersfield and each of her Sister City Projects; and explore use of video cameras to reduce crime as has been done in the Mexican Sister City. Councilmember Carson requested the meeting be adjourned in memory of Sherman L. Tyler. Vice -Mayor Maggard requested staff facilitate a Council Goal by exploring a proposal by Bakersfield Memorial Hospital to enhance and expand the Xfh Street medical corridor, particularly from Union Avenue west to Chester Avenue by converting the area to a campus. 68 Bakersfield, California, August 17, 2005 — Page 24 15. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice -Mayor Maggard expressed appreciation for highway funds recently awarded to the Bakersfield area and requested key staff be hired to facilitate each phase of the road projects so the process moves forward as quickly as possible. Mayor Hall made comments regarding the recent trip to new Sister City Queretaro. Mayor Hall thanked Councilmember Scrivner for the recent graffiti clean -up and Councilmember Benham for the Adopt a Highway Clean Up Agreement with one of her neighbors on the Bike Path. Mayor Hall congratulated City Manager Tandy on his thirteenth anniversary with the City of Bakersfield. 16. ADJOURNMENT Mayor Hall adj memory of She ATTEST: CITY CLERK and Ex Officio Cler of the Council of the City of Bakersfiel