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