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HomeMy WebLinkAbout09/28/05 CC MINUTES 105 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 28, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROll CAll Present: Mayor Hall, Vice-Mayor Maggard Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:18), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (2 cases) c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Eugene Jackson v. City, et al 2. Michael L. Kephart, etc. v. City, et al 3. Robert Pratt v. City, et al 106 Bakersfield, California, September 28, 2005 - Page 2 ACTION TAKEN Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:16 p.m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:45 p.m. and reconvene at the end of Regular Business. RECONVENED MEETING - 6:50 p.m. 5. ROll CAll Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Ken Souers, Crossroads Christian Fellowship. 7. PLEDGE OF AllEGIANCE by Spencer Shoemaker, 6'h Grade Student, and Peri Shoemaker, 5'h Grade Student at Almondale Elementary School. Mayor Hall recognized students from Bakersfield College and Ridgeview High School government classes in attendance at the meeting. 8. CLOSED SESSION ACTION City Attorney Gennaro announced Closed Session was not concluded and would reconvene after Mayor and Council statements. a. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code Section 54957.6. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (2 cases) b. APPROVED APPROVED CONTINUED TO END OF REGULAR BUSINESS NOT HEARD Bakersfield, California, September 28, 2005 - Page 3 107 8. CLOSED SESSION ACTION continued Conference with Legal Counsel - Existing Litigation: Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Eugene Jackson v. City, et al 2. Michael L. Kephart, etc. v. City, et al 3. Robert Pratt v. City, et al 9. PRESENTATIONS c. a. Presentation by Councilmember Jacquie Sullivan of Commendation Certificate to David Taylor for performing a heroic act. David Taylor made comments and accepted the Presentation. b. Presentation by Mayor Hall of Proclamation to Stacy Crooks, Link to Life, proclaiming October, 2005, as "Paint the Town Pink Month". Stacy Crooks accepted the Proclamation on behalf of Link to Life. 10. PUBLIC STATEMENTS a. Ron Wheeler spoke regarding profit from farmland sale. b. Father Jim LaCasse spoke regarding positive effects of the McMurtrey Aquatics Center and Bikepath and encouraged development of other amenities of the same sort. At the request of Councilmember Benham Dana Karcher and Glenn Flarnik spoke regarding Consent Calendar item 12.v. when it was removed from Consent Calendar for separate consideration. 11. APPOINTMENTS a. One (1) appointment to the Planning Commission, due to the resignation of Burton Ellison, whose term expires April 30, 2006. Motion by Councilmember Couch to appoint Tom McGinnis to fill the unexpired term of Burton Ellis. ACTION TAKEN NO REPORTABLE ACTION APPROVED 108 Bakersfield, California, September 28, 2005 - Page 4 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 7, 2005 Regular Council Meeting and the September 14,2005 Joint Special Meeting. Payments: b. Approval of department payments from August 26, 2005 to September 15, 2005 in the amount of $19,802,786.09 and self insurance payments from August 26, 2005 to September 15, 2005 in the amount of $180,969.87. Ordinances: c. First Reading of Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map 122-03) of Title 17 of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 81.18 acres to allow a single family home development generally located on the southwest corner of Stockdale Highway and South Renfro Road. (File 04-0236) d. First Reading of Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map 102-19) of Title 17 of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) zone to Revised PCD zone on 3.1 ± acres located on the northwest corner of Calloway Drive and Meacham Road. (M.S. Walker & Assoc/File 05-0735) e. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map 124-29 changing the zoning district from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on approximately 95 acres generally located south of Panama Lane approximately 2,000 feet east of South Union Avenue. (GPA/ZC 04-1337) (Ward 1 upon annexation) (FR 09/07/05) ACTION TAKEN FR FR ORD 4272 12. Bakersfield, California, September 28, 2005 - Page 5 109 CONSENT CALENDAR continued I. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and from A to R-1-CH (One Family Dwelling- Church Overlay) on 10 acres located on the south side of Snow Road (future) between Allen Road and Renfro Road (future). (Marino Associates/King- Gardiner Farms, Sure Foundation Baptist Church, Vivian Price) (ZC 04-0338) (Ward 4 upon annexation) (FR 09/07/05) Resolutions: g. Resolution approving sale of surplus Police Department equipment to the United States Army for the sum of $1.00. h. Resolution confirming the approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. i. Resolution authorizing the application for State grant funds and potential participation in the CalHome Program from the California State Department of Housing and Community Development (HCD). j. Resolution adding territory, Area 1-59 (Olive, Old Farm NE) 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. k. Resolution adding territory, Area 3-32 (Stine, McKee 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. ACTION TAKEN ORD 4273 RES 210-05 RES 211-05 REMOVED FOR SEPARATE CONSIDERA TlON RES 213-05 RES 214-05 110 Bakersfield, California, September 28, 2005 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN I. Resolution adding territory, Area 3-38 (Panama, RES 215-05 Windermere) 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. m. Resolution adding territory, Area 3-39 (Gosford, RES 216-05 Pacheco SE) 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 of Intention No. 1362 to add territory, ROl1362 n. Area 4-33 (Reynard, McKenna S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Resolution of Intention No. 1363 to add territory, ROl1363 Area 4-34 (Auburn, Morning NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1406 to add territory, R011406 Area 1-60 (Etchart, Calloway SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. q. Resolution of Intention No. 1407 to add territory, ROl1407 Area 4-40 (Oak, 19'h SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Resolution of Intention No. 1404 to order the REMOVED FOR vacation of the 20 foot alley and the north SEPARATE 22.5' of 7th Street, between K and L Streets within CONSIDERA TlON Block 52 of the Lowell Addition. s. Resolution of Intention No. 1408 to order the R011408 vacation of portions of Comanche Road south of SR 178. t. Resolution of Intention No. 1409 to order the ROl1409 vacation of the right of way at Feemster Street and DeMaree Avenue. Bakersfield, California, September 28, 2005 - Page 7 111 12. CONSENT CALENDAR continued u. Amendment No. 16 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Economic Development Director. Resolution approving the application for grant funds for "Green Trees for the Golden State" under the California Department of Forestry & Fire Protection, Urban and Community Forestry Program. v. w. Resolution approving the application for grant funds for the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50). Agreements: X. Final Tract Maps and Improvement Agreements: 1. Final Map for Tract 6475 Units 1,2 & 3 and Improvement Agreements for Units 1,2, 3 & 5 with Castle & Cooke CA, Inc. located north of Panama Lane and east of Ashe Road. 2. Improvement Agreements with Bakersfield University Partnership, LP for Parcel Map 11052 located north of Stockdale Highway and west of Gosford Road. License Agreement with Castle & Cooke California Inc. allowing them to use a portion of Renfro Road (Tract 6448) located between Culiacan Avenue and the Cross Valley Canal for private roadway and landscape purposes. z. Agreement with United Way of Kern County to purchase from the City, surplus computer equipment. y. aa. Pipeline Crossing Agreement Union Pacific Railroad Company ($3,650.00) for street improvements at the At-grade rail crossing on the Union Pacific Railroad Buttonwillow Branch at Old River Road. ACTION TAKEN DELETED REMOVED FOR SEPARATE CONSIDERA nON RES 218-05 AGR 05-330 AGR 05-331 AGR 05-332 AGR 05-333 AGR05-334 AGR05-335 AGR 05-336 AGR 05-337 AGR 05-338 AGR 05-339 112 Bakersfield, California, September 28, 2005 - Page 8 12. CONSENT CALENDAR continued bb. Agreement with Bethany Services ($60,875.00) Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue services at the Bakersfield Homeless Center located at 1600 East Truxtun Avenue. cc. Agreement with Bakersfield Rescue Mission ($60,875.00) Emergency Shelter Grant (ESG) funds to support the operating costs necessary to contin ued services at the Bakersfield Rescue Mission located at 830 Beale Avenue. dd. Concurrent Application Processing: Amendment NO.1 to Agreement No. 05-121 with RBF Consulting ($70,000.00) to assist with the processing of concurrent applications. 2. Appropriate $70,000.00 in revenues to the Development Services Fund operating budget. 1. ee. Contract Change Order NO.3 to Agreement No. 04- 338 with S.C. Anderson Inc. ($12,410.82 decrease, for a revised not to exceed amount of $2,797,705.03) for the Park at River Walk. fl. Contract Change Order NO.4 to Agreement No. 04- 339 with S.C. Anderson Inc. ($530.68 increase; for a revised not to exceed amount of $5,689,150.31) for the Park at River Walk. Bids: Accept bid to award annual contract to Granite Construction Company, not to exceed the budgeted amount of $3,000,000.00, for street materials. hh. Accept bid from L N Curtis & Sons ($33,751.58) for radiation/haz mat monitors and detectors for the Fire Department. gg. ii. Accept bid to award contract to Bowen Engineering & Environmental ($33,000.00) for demolition of improvements at 2420, 2424 and 2430 Mohawk Street (County area). ACTION TAKEN AGR 05-340 AGR 05-341 AGR 05-121(1) AGR 05-338 CC03 AGR 04-339 CC04 AGR 05-342 AGR 05-343 Bakersfield, California, September 28, 2005 - Page 9 11 3 12. CONSENT CALENDAR continued jj. Accept bid to award contract to Valley Business Printers, Inc. (not to exceed $60,000.00) for three (3) issues of the activity brochure for Recreation and Parks. kk. Accept bids from Enders and Associates ($134,852.28) (Part A) and TV Magic, Inc. ($368,930.12) (Parts D and E) for the digital upgrade to the Video Replay Systems for the Rabobank Arena. Miscellaneous: II. Appointment of League voting delegate and alternate at Annual Conference. (Staff recommends appointment of Councilmember Zach Scrivner as League voting delegate and City Attorney Ginny Gennaro as alternate.) mm. City positions on League of California Cities Resolutions nn. Preliminary trail system design work for the Bakersfield State Vehicle Recreation Area (Wofford Ranch) trail system: 1. Accept contribution from the County of Kern and appropriate $5,000.00 to the Development Services operating budget in the Recreation Facility Fund. 00. Acceptance of 2003-04 Transportation Development Act Funds Financial Statement. pp. Planning, development and funding of community and regional parks, bike paths and trails. (Refer to Planning & Development Committee.) Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.pp. with the deletion, at the request of staff of 12.u. and the removal of items 12.i., 12.r., 12.v. and 12.mm. for separate consideration. i. Resolution authorizing the application for State grant funds and potential participation in the CalHorne Program from the California State Department of Housing and Community Development (HCD). Motion by Counci/member Carson to approve item 12.i. ACTION TAKEN AGR 05-344 REMOVED FOR SEPARATE CONslDERA nON APPROVED RES 212-05 APPROVED 114 Bakersfield, California, September 28, 2005 - Page 10 12. CONSENT CALENDAR continued r. Resolution of Intention No. 1404 to order the vacation of the 20 foot alley and the north 22.5' of 7'h Street, between K and L Streets within Block 52 of the Lowell Addition. Motion by Councilmember Carson to approve item 12.r. v. Resolution approving the application for grant funds for "Green Trees for the Golden State" under the California Department of Forestry & Fire Protection, Urban and Community Forestry Program. 10. PUBLIC STATEMENTS c. Dana Karcher, Tree Foundation of Kern and Glenn Flamik, Program Administrator for the Urban Forestry Program for the State of California spoke regarding use of grant funds. Motion by Counci/member Benham to approve item 12.v. mm. City positions on League of California Cities Resolutions. Motion by Councilmember Benham to approve the item with a change the in endorsement to Resolution number one of "no position". 13. CONSENT CALENDAR HEARINGS a. Hearing to consider Resolution ordering the vacation of 0 Street between Truxtun Avenue and 17'h Street. (Staff recommends referral to Planning & Development Committee.) b. Hearing to consider Resolution authorizing Adventist Health System/West to issue revenue bonds (TEFRA) (not to exceed $175,000,000.00) to be used to finance the San Joaquin Community Hospital Improvement Project. (Staff recommends adoption of resolution.) c. Continued Public Hearing to consider amendment of the City's Sphere of Influence, approval of updated Municipal Services Review and adoption of Negative Declaration. (Staff recommends hearing remain open and continue to October 12, 2005 meeting.) ACTION TAKEN ROl1401 APPROVED RES 217-05 APPROVED ABS COUCH RES 219-05 Bakersfield, California, September 28,2005 - Page 11 115 13. CONSENT CALENDAR HEARINGS continued d. Continued Public Hearing to consider General Plan Amendment/Zone Change 04-0671: Project Design Consultants representing Rosedale Ranch, property owner, has proposed a general plan amendmenVzone change on 1,655 acres for which annexation into the City is proposed. A Development Agreement is also proposed. Project site is bounded by 7'h Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south. (Continued from 9n/05 meeting) (Staff recommends continuation of hearing to November 2005 GPA cycle.) Hearings opened at 7:25 p.m. No one spoke. Hearings closed at 7:27 p.m. Motion by Vice-Mayor Maggard to approve staff recommendations for items 13.a. through 13.d. 14. HEARINGS a. Continued Public Hearing to consider 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. (Continued from 8/17/05 & 9n/05 meetings) 1. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. Staff recommends adoption of resolution and specific plan line. ACTION TAKEN APPROVED RES 221-05 116 Bakersfield, California, September 28,2005 - Page 12 14. HEARINGS continued Item 14.a.continued Public Works Director Rojas made staff comments. Hearing re-opened at 7:31 p.m. No one spoke. Hearing closed at 7:32 p.m. Motion by Councilmember Carson to approve item 14.a. b. Continued Public Hearing to consider 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 Rd. and Calloway Dr. (Continued from 8/17/05 & 9n/05 meetings) 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). 1. Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance. Staff comments by Development Services Director Grady. Hearing re-opened at 7:37 p.m. Tom Giallonardo submitted written material and spoke on behalf of the California Division of Oil, Gas and Geothermal Resources and Teri Bjorn, Clifford and Brown, submitted written material and spoke on behalf of Crimson Resources in opposition to the staff recommendation. ACTION TAKEN APPROVED RES 222-05 Bakersfield, California, September 28,2005 - Page 13 11 7 14. HEARINGS continued Item 14.b.continued Jeff Guiterrez, DeWalt Corporation, on behalf of James Etcheverry and his sisters, spoke in support of the staff recommendation. Steve Yantis, Robin Rossi, Dennis McClain and Dominic Patino spoke in rebuttal opposition to the staff recommendation. Hearing closed at 8:02 p.m. Recess taken from 8:16 p.m. to 8:26 p.m. As an additional proposed conditions to approval, City Attorney Gennaro requested Teri Bjorn, counsel for Crimson Resources read into the record, "As a condition of approval of any tentative map within the project boundaries, the property owner and the mineral owner will enter into an Accommodation Agreement addressing, at a minimum, undergrounding and relocation of pipelines, easements for interconnecting pipelines between facilities, access, and allocation of costs for mitigation measures and other facility modifications. If such condition of approval has not been satisfied within one year after approval of any such tentative map, the property owner may request a public hearing to delete such condition. " Motion by Councilmember Couch to approve the staff recommendation as outlined in the memo dated September 2tfh to the Mayor and City Council from Stanley Grady, Development Services Director, with the inclusion of the conditions read into the record by Ms. Bjorn and with the addition of a block wall six feet high from adjacent grade along the south property line to east of Old Farm Road and along the north side of the existing access easement at the south property line on the west side of Old Farm Road. ACTION TAKEN APPROVED 118 Bakersfield, California, September 28, 2005 - Page 14 14. HEARINGS continued Item 14.c.continued c. Continued Public Hearing to consider 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 Wible Rd. approx. 200 ft. south of Berkshire Rd. (Continued from 8/17/05 & 9n/05 meetings) 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from LMR (Low Medium Residential - greater than 4 units but less than or equal to 10 dwelling units per net acre) to HMR (High Medium Residential- greater than 7.26 units but less than or equal to 17.42 dwelling units per net acre) on 2.83 net acres. 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 - 1 unit per 2,500 sq. ft.) on 2.04 acres. 2. Staff recommends adoption of resolution, denying the appeal and give first reading to ordinance. Development Services Director Grady made staff comments. Hearing re-opened at 8:36 p.m. John Ennis, Consulting Engineer, presented written material and spoke in opposition to the staff recommendation as did Richard Harriman, Esq., representing the Wible Road Action Group and Valley Advocates. Tom Fallgatter, attorney for the applicant and Chris Conway, Porter Robertson, spoke in favor of the staff recommendation. Richard Harriman and John Ennis spoke in ACTION TAKEN RES 223-05 ABS SCRIVNER FR Bakersfield, California, September 28,2005 - Page 15 11 9 rebuttal opposition to the staff recommendation. 14. HEARINGS continued Item 14.c.continued ACTION TAKEN Chris Conway and Tom Fallgatter spoke in rebuttal favor of the staff recommendation. Mr. Fallgatter clarified the number of access points is two. Public Works Director Rojas made comments. Hearing closed at 9:13 p.m. Councilmember Hanson asked Development Services Director Grady to confirm for the record: · Exhibit "C" refers to two points of access which is the same as the GPA, GPA condition 13 should read the same as the zone change condition limiting the access points to two · Exhibit "C" condition 15 references 21 units, this only refers to the area being changed from R-1 to R-2, with 31 units total · The general plan provides the overall parameter for developing the property · There be no requirement for a wall and a landscaped berm will take the place of the wall · There will not be a cover required on the canal since the request for additional five units has been retracted Motion by Councilmember Hanson to approve the staff recommendation along with the corrections noted by Mr. Grady and with the conditions of approval outlined in the September 7, 2005 memo from Development Services to the City Council. APPROVED _._._.__ ..._,"""__,__._,___._w._ 120 Bakersfield, California, September 28,2005 - Page 16 14. HEARINGS continued d. Continued Public Hearing to consider General Plan Amendment/Zone Change 04-0057/ Williamson Act Contract Cancellation; George B. Martin, representing Golden Empire Concrete and Structure Cast, has appealed Planning Commission's decision to approve proposal by Quad Knopf, Inc., on behalf of Gosford-Panama Partners, LLC for a general plan amendment with concurrent zone change, Williamson Act Contract Cancellation for property located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road for the purposes of developing a mixed use development in the City. (Continued from 9n/05 meeting.) 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC 04- 0057/Annexation No. 440 (Gosford- Panama) . Resolution making findings approving a general plan element amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial), LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR (High Density Residential) on approximately 300 acres and circulation element amendment to eliminate the Collector designation of Progress Road between Panama Lane to McCutcheon Road. 2. 3. First Reading of the Ordinance approving an amendment to Title 17 of the Municipal Code and changing Zone Map 123-29 by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing). R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), MH (Mobile Horne) and C- 2/PCD (Regional Commercial/Planned Commercial Development) zones on approximately 300 acres. ACTION TAKEN RES 224-05 RES 225-05 FR Bakersfield, California, September 28, 2005 - Page 17 121. 14. HEARINGS continued Item 14.d. continued 4. Resolution making findings, approving the cancellation of land use restrictions of a land conservation contract (Williamson Act) on approximately 300 acres. City Clerk McCarthy announced the area concerned is only in Ward 5, not Wards 5 and 6 as stated on the agenda. Staff recommends adoption of resolutions, denying the appeal and give first reading to ordinance. Staff comments by Development Services Director Grady. Hearing opened at 9:31 p.m. Charles Winsley, President, Golden Empire Concrete, spoke in opposition to the project, submitted written conditions and acknowledged agreement with the item if the presented conditions are adopted. Additionally he requested staff continue to monitor the intersection at Gosford and McCutcheon and install a traffic signal when warranted. John Hunt, Vulcan Materials, spoke in opposition to the project, submitted written conditions and acknowledged agreement with the item if the presented conditions are adopted. Additionally he requested staff analyze the need for a signal light at Progress Road and Panama Lane. Brent Dezember, owner, Structure Cast, acknowledged agreement with the item if the presented conditions are adopted. 15. Motion by Councilmember Hanson to approve staff's recommendation with the inclusion of the memo stating conditions dated September 28, 2005. NEW BUSINESS None. ACTION TAKEN RES 226-05 APPROVED 122 Bakersfield, Califomia, September 28, 2005 - Page 18 15. MAYOR AND COUNCil STATEMENTS ACTION TAKEN Councilmember Benham requested staff repair a large pothole in the right northbound lane of the Oak Street overpass. Councilmember Benham requested staff review citizen's request for a street light on Spruce Street, in the first block north of Brundage and provided contact information. Councilmember Benham requested staff communicate with Mr. RIdgeway regarding additional programs for the McMurtery Aquatics Facility and provided contact information. Councilmember Benham requested a report from staff attending the League of California Expositions regarding elimination of train horn noise remedies. Councilmember Benham requested staff respond to a citizen's complaint concerning Cox Cable Communication's failure to keep its word on quoted rates. Councilmember Benham expanded on a previous referral requesting a workshop regarding emergency preparedness and the need to include the city's command structure, coordination with other jurisdictions and levels of government, evacuation planning and emergency response; additionally she requested information regarding the conduct of planning exercises for different types of emergencies such as earthquake, flood, major chemical spills and the like. Councilmember Carson thanked staff for the meeting with Lennar Homes. Councilmember Carson thanked Mayor Hall for assisting in getting Mickey Sturdivant back to Bakersfield. Councilmember Carson requested information regarding the cost to replace Secret Witness signs in various locations of the City. Councilmember Carson requested a progress report regarding the sewers in the Stockdale Hwy. area. Bakersfield, California, September 28, 2005 - Page 19 123 15. MAYOR AND COUNCil STATEMENTS continued ACTION TAKEN Councilmember Hanson made comments directed at the Bakersfield Californian editorial staff regarding that organization's stance on development in Bakersfield and stated for the record, "In 2004 harvested acres in the County of Kern were 891,000, I'm going to just round them off, which is three per cent greater than in 2003 and the highest level since 1990. I'm just going to go on the highlights in this thing. In 2004, well forget the value. The City generally considers the conversion of one hundred or more acres of land designated RI-A to non-agricultural uses to be significant environmental impact. Now keep in mind we have 891,576 acres where we have something growing, where there is cotton and other crops. The Californian makes, refers to 8,000 acres of land being, or this isn't even land being converted to this time this is potential land, some of being converted to single family and other housing. That is less than one per cent of the agricultural land being farmed in our county at this time. And even more interesting, let me see if I have this somewhere, I believe there is like one, oh yes there is, 1.6 million acres under the Williamson Act. So in fact what we're doing is we're growing about fifty-five, sixty percent of eligible land, so Mr. Burger I'd like you to take this and pass this on, this information to the editors and maybe that will help clarify the situation and possibly if they'd like to meet with staff or even myself, and I'm not an expert, I'd be happy to do so." Councilmember Scrivner requested staff enforce the Ordinance which prohibits street vendors from selling within 300' of public buildings; particularly as this applies to ice cream vendors selling near schools, and report back to Council. Councilmember Scrivner provided photographs and requested staff address immediately the issue of numerous properties with of abandoned vehicles, trash and graffiti on walls. Councilmember Couch requested staff address the synchronizing and timing of lights on Buena Vista Ave at Deer Peak and Ming. Councilmember Couch requested the Legislation and Litigation Committee review the feasibilityof establishing one or more permanent parade routes in the City of Bakersfield; staff to provide pros and cons for specific parade routes. ~._,.~~--- 124 Bakersfield, California, September 28,2005 - Page 20 15. MAYOR AND COUNCil STATEMENTS continued ACTION TAKEN Councilmember Couch reiterated staff needs to assure the signal light project at Allen and Palm is moved up on the project list. Councilmember Couch requested staff review the feasibility of an 'Adopt a Bench' program. Councilmember Couch requested an update regarding a change of status for Brimhall Rd. from collector to arterial and a possible variance in landscaping standards. Public Works Director Rojas responded. Councilmember Couch requested staff and the Planning and Development Committee determine the best way to accomplish a General Plan Update in conjunction with the County, and determine if this would best be achieved through a comprehensive or revised document. Councilmember Sullivan requested Streets respond to a citizen request to install a 'Not a Through Street' sign on Bathhurst and provided contact information. Councilmember Sullivan requested the streets in the Westhaven/Flicker area be provided repair/maintenance. Vice-Mayor Maggard thanked staff for the memo on the 803 Project and requested a Workshop regarding the project. Vice-Mayor Maggard requested information regarding the time frame for receipt of funds for the 803 Project. Public Works Director Rojas responded. Vice-Mayor Maggard requested information regarding the funds for the 803 Project being in jeopardy due to the recent hurricanes. City Manager Tandy responded. Vice-Mayor Maggard requested a Master Plan be developed regarding growth of the City; staffing levels for Public Works and Development Services be reviewed in order to facilitate growth transitions within the community and provide a report on the length of time it is anticipated the water supply will last based on current growth factors. 15. 125 Bakersfield, California, September 28,2005 - Page 21 MAYOR AND COUNCil STATEMENTS continued ACTION TAKEN Mayor Hall made comments regarding disaster preparedness and the need to include Hall Ambulance and other emergency entities in the Cily's disaster planning and preparation drills. Mayor Hall adjourned the meeting back to Closed Session at 10:15 p.m. Motion by Councilmember Maggard to adjourn from Closed Session at 11:35 p.m. 8. CLOSED SESSION ACTION a. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code Section 54957.6. STAFF GIVEN DIRECTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (2 cases) NOT HEARD Conference with Legal Counsel - Existing Litigation: Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Eugene Jackson v. City, et al 2. Michael L. Kephart, etc. v. City, et al 3. Robert Pratt v. City, et al 16. ADJOURNMENT ATTEST: c. NO REPORTABLE ACTION (~JiJf1û& CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield - ---- ....~._._~---_.._._-- 126 *****THIS PAGE INTENTIONALLY LEFT BLANK*****