HomeMy WebLinkAbout02/08/06 CC MINUTES
255
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 8, 2006
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 5:16 p.m.),
Scrivner
Absent:
None.
2. INVOCATION by Council member Carson.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Maggard.
4. PUBLIC STATEMENTS
a. Sheri Horn Bunk, Director of Development for the
Bakersfield Symphony, spoke regarding the
Baseball Music Project and with the assistance of
Milt Younger presented the Council and Mayor with
tickets to the event March 26.
5. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 25, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from January 14,
2006 to January 26, 2006 in the amount of
$7,477,027.27 and self insurance payments from
January 14, 2006 to January 26, 2006 in the
amount of $172,167.79.
256
Bakersfield, California, Feb. 8, 2006 - Page 2
5.
CONSENT CALENDAR continued
Ordinances:
c. Business & Commercial Zoning Ordinances:
d.
First Reading of Ordinance amending
Sections 17.25.040,17.25.050,17.25.080
and 17.25.090 of the Municipal Code relating
to the CoB (Central Business) zone district.
First Reading of Ordinance amending
Sections 17.26.010, 17.26.020, 17.26.050,
17.26.070, 17.26.080 and 17.26.090, and
repealing Section 17.26.011 of the
Municipal Code relating to the C-C
(Commercial Center) zone district.
First Reading of Ordinance adopting a Negative
Declaration and amending Section 17.060.020
(Zone Map NO.1 04-08) of Title 17 of the Municipal
Code by changing the zoning from R-S-2.5A
(Residential Suburban - 2.5 acres) to R-1 (One
Family Dwelling) on 34.982 acres generally located
at the northeast corner of Vineland Road and
Paladino Drive. (Applicant The Monarch Affiliates)
(File No. 05-1190)
1.
2.
e.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map NO.1 03-15) of Title 17 of the Municipal
Code by changing the zoning from A
(Agriculture) to M-2 (General Manufacturing) on
approximately 52.99 acres of land currently
located in the unincorporated area of the County of
Kern at 5500 Landco Drive generally located on the
west side of Highway 99, south of Olive Drive.
(Mcintosh & Associates - File 05-1575)
I.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.060.020
(Zone Map No. 103-15) ofTitle 17 of the Municipal
Code by changing the zoning from CO
(Professional and Administrative Office) to C-1
(Neighborhood Commercial) on 0.61± acres
located on the northwest corner of Columbus Street
and Vassar Street. (Cast Harbor
Properties) (File 05-1658)
ACTION TAKEN
FR
FR
FR
ORD 4309
ORD 4310
Bakersfield, California, Feb. 8, 2006 - Page 3 257' k
5. CONSENT CALENDAR continued ACTION TAKEN
l Resolutions:
g. Resolution authorizing the execution of a standard RES 026-06
agreement or other documents to secure AGR 06-373
a Workforce Housing Reward Grant from the
California Department of Housing and
Community Development for the proposed Regional
Sports Park located along Taft Highway.
h. Street Preventative Maintenance Program:
1. Resolution determining that two (2) asphalt RES 027-06
patcher trucks cannot be reasonably
obtained through the usual bidding
procedures because of the urgent need to
procure equipment to respond and repair the
potholes caused by street deterioration and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$250,000.00.
2. Appropriate $125,000.00 Equipment Fund
balance to the Public Works Department's
operating budget within the Equipment
l Management Fund to purchase one (1) of
the patcher trucks scheduled for
replacement.
3. Appropriate and transfer $125,000.00
General Fund balance to the Public Works
Department's operating budget in the
Equipment Management Fund to purchase
one (1) additional patcher truck.
i. Resolution of Intention No. 1430 to add territory, RO/1430
Area 5-21 (South H, Hosking SE #2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
j. Resolution of Intention No. 1431 to add territory, RO/1431
Area 5-22 (Cottonwood, Watts SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
k. Resolution of Intention No. 1432 to add territory, RO/1432
Area 5-23 (S. Union, Hosking SE) to the
l Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
25A
5.
Bakersfield, California, Feb. 8, 2006 - Page 4
CONSENT CALENDAR continued
I.
Resolution of Intention No. 1433 to add territory,
Area 4-45 (Valley, Paladino NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
Resolution of Intention No. 1434 to add territory,
Area 4-46 (Kern Canyon, Chase N) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the
Public Works Director's Report.
m.
Agreements:
o.
p.
n. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with McMillin Capella, LLC for Tract 5966
Unit 5, located south of Meacham Road and
west of Campfire Drive.
Final Maps and Improvement Agreements
with ADH Corporation, for Tract 6132
Phases 1 & 2, located south of State Route
58 and west of South Oswell Street.
2.
3.
Final Maps and Improvement Agreements
with Beazer Homes Holding Corporation
for Tract 6320 Phases 1,2 & 3 located north
of Panama Lane, east and west of
Windermere Street.
4.
Final Maps and Improvement Agreements
with D. R. Horton Los Angeles Holding
Company, Inc. for Tract 6406 Phases 1,2 &
3 located north of City Hills Drive and
east of Vineland Avenue.
Agreement with Lim and Nascimento Engineering
Corporation ($787,169.86) for construction
management services for North Chester Avenue
Bridge (Southbound) over the Kern River
(Replacement) Project.
Amendment No.1 to Agreement No. 05-228 with
Kern Affordable Housing, Inc. (KAH) for the
rehabilitation of the Park Real Apartment complex to
revise U. S. Department of Housing and Urban
Development Department mandated language for
the agreement, deed of trust and declaration of
restrictions.
ACTION TAKEN
ROl1433
ROl1434
AGR 06-030
AGR 06-031
AGR 06-032
AGR 06-033
AGR 06-034
AGR 06-035
AGR 06-036
AGR 06-037
AGR 06-038
AGR 06-039
AGR 06-040
AGR 06-041
AGR 06-042
AGR 06-043
AGR 06-044
AGR 06-045
AGR 06-046
AGR 06-047
AGR 05-228(1)
DEED 6376
DEED 6377
Bakersfield, California, Feb. 8, 2006 - Page 5
5.
CONSENT CALENDAR continued
q.
Amendment NO.3 to Agreement No. 98-258 with
SMG and California State University, Bakersfield
(CSUB) to play men's basketball games at
Rabobank Arena.
r.
Contract Change Order No.5 to Agreement No. 04-
338 with S.C. Anderson, Inc. ($2,713.14 decrease;
for a revised not to exceed of $2,808,555.84) for the
Park at River Walk (Building Improvement Contract).
Bids:
s. Accept bid from IBM Direct ($43,000.43) for
replacement IBM servers and related equipment.
Miscellaneous:
t.
Appropriate $280,000.00 from available fund
balance from the Southeast Bakersfield
Redevelopment Project Area Operating Fund to the
Redevelopment Capital Improvement Budget for
property acquisition - Q Street Housing Project/Mill
Creek South - 1400 Q Street.
u. Appropriate $450,000.00 Solid Waste Fund balance
to the Public Works Department Operating Budget
for additional greenwaste, refuse and recycling
containers to meet unanticipated increase in service
demand.
v. Revised job specifications for Code Enforcement
Officer 1/11.
w. Consent to Common Use and Grant of Easement
agreement with Kern Delta Water District for a canal
crossing of Panama Lane between Buena Vista
Road and Allen Road.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 5.a. through 5. V., with the deletion of
item 5.w., and the removal of item 5.t. for separate
consideration.
259'
ACTION TAKEN
AGR 98-258(3)
AGR 04-338 CC05
REMOVED FOR
SEPARATE
CONSIDERA TION
APPROVED
260
Bakersfield, California, Feb. 8, 2006 - Page 6
5.
CONSENT CALENDAR continued
t. Appropriate $280,000.00 from available fund
balance from the Southeast Bakersfield
Redevelopment Project Area Operating Fund to the
Redevelopment Capital Improvement Budget for
property acquisition - Q Street Housing Project/Mill
Creek South - 1400 Q Street.
6.
Motion by Councilmember Carson to continue the item
to the 2-22-06 Council meeting.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 04-1344; Maurice
Etchechury, representing Old River Land Company
(property owner), has applied for a general plan
amendment on 85.60 acres located at the northeast
corner of McCutchen Road and Ashe Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 85.60 acres.
2.
First Reading of Ordinance approving the
negative declaration and amending Title 17
of the Municipal Code and Zoning Map No.
123-27 from A (Agriculture) to R-1 (One
Family Dwelling) on 85.60 acres.
b. Public Hearing to consider General Plan
Amendment/Zone Change 05-0425; Marino
Associates, representing Hughes Partners, LLC,
Joyce Anne Weingarden, Emma Sandrini, Robert C.
Allan and Ada M. Allan Family Trust, John W.
Weingarden, Nancy Jane Weingarden, property
owners, has applied for a general amendment on
54.42 acres located south of Taft Highway, between
Hughes Lane and Wible Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from ER (Estate Residential)
and LMR (Low Medium Density Residential)
to LR (Low Density Residential) and UER
(Urban Estate Residential) on 56.64 acres.
ACTION TAKEN
APPROVED
RES 028..()6
FR
RES 029-06
Bakersfield, California, Feb. 8, 2006 - Page 7
6. CONSENT CALENDAR HEARINGS continued
Item 6.b. continued
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 142-01 from E (Estate) to R-1 (One
Family Dwelling) on 21.11 acres, from E-1A
(Estate 1 du/acre) to R-1 on 11.45 acres,
from A (Agriculture) to R-S (Residential
Suburban) on 19.69 acres, and from A to C-
2 (Regional Commercial) on 4.39 acres.
Resolution approving the Negative
Declaration and adopting the cancellation of
the Williamson Act Contract on 22.5 acres.
3.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0426; The Monarch
Affiliates, representing Paul Schallberger, property
owner, has applied for a general plan amendment
on 31.2 acres, located west of Stine Road and
south of Taft Highway, east of the Farmer's Canal.
1
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from RR (Rural Residential) to
LR (Low Density Residential) on 31.2 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 142-03 from R-S-20A (Residential
Suburban - 20 acre minimum) to R-1 (One
Family Dwelling) on 31.2 acres.
2.
d.
Public Hearing to consider General Plan
Amendment/Zone Change 05-0844; Pacific
Engineering, representing M & S Land Company,
LLC, property owner, has applied for a general plan
amendment, including establishment of a specific
plan line for a portion of Etchart Road, and zone
change on approximately 140 acres located at the
southeast corner of y'h Standard Road and the
planned Alien Road alignment (future).
261
ACTION TAKEN
FR
RES 030-D6
RES 031-D6
FR
REMOVED FOR
SEPARATE
CONSIDERATION
262
Bakersfield, California, Feb. 8, 2006 - Page 8
6.
CONSENT CALENDAR HEARINGS continued
Item 6.d. continued
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
and Petroleum) and SR (Suburban
Residential) to SI (Service Industrial), LI
(Light Industrial) and SR (Suburban
Residential) on approximately 140 acres and
establishing a specific plan line for the
eastern portion of the Etchart Road segment
traversing the project area.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
101-01 from A (Agriculture) to M-1 (Light
Manufacturing), M-2 (General
Manufacturing) and E/PE (Estate One
Family Dwelling/Petroleum Extraction
Combining District) on approximately 140
acres.
e. Public Hearing to consider General Plan
AmendmenVZone Change 05-0926; Jerry L.
Hendricks, representing Charles L. Crowell, property
owner, has applied for a general plan amendment
on 22.32 acres, located at the southwest corner of
East Berkshire Road and Madison Street.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 22.32 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-29 from A (Agriculture) to R-1
(One Family Dwelling) on 22.32 acres.
f. Public Hearing the consider General Plan
AmendmenVZone Change 05-0931;
SmithTech/USA, inc., representing Oak Tree
Development Co., Inc., property owner, has
applied for a general plan amendment on 80 acres
located north of Snow Road generally
between Coffee Road and Calloway Drive, south of
Etchart Road.
1.
2.
ACTION TAKEN
RES 032-{)6
FR
Bakersfield, California, Feb. 8, 2006 - Page 9
6.
CONSENT CALENDAR HEARINGS continued
Item 6.f. continued
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 80 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-05 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
2.
g. Public Hearing to consider General Plan
Amendment/Zone Change 05-0933;
SmithTech/USA, Inc., representing the Pascoe
Family Investments, LLC, property owner, has
applied for a general plan amendment on 59.2
acres, located north of McCutchen Road and east of
Gosford Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential)
on 52.56 acres and R-IA to LI (Light
Industrial) on 6.64 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-28 from A (Agriculture) to R-1
(One Family Dwelling) on 52.56 acres and A
to M-1 (Light Manufacturing) on 6.64
acres.
2.
h. Public Hearing to consider General Plan
Amendment/Zone Change 05-0936;
SmithTech/USA, Inc., representing Ralph B.
Simons, property owner, has applied for a
general plan amendment and zone change on
approximately 1 9.3 acres located at the
southeast corner of Etchart Road (future) and
Jewetta Avenue (future).
263
ACTION TAKEN
RES 033-06
FR
RES 034-06
FR
264
Bakersfield, California, Feb. 8, 2006 - Page 10
6.
CONSENT CALENDAR HEARINGS continued
Item 6.h. continued
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on approximately 19.3 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-06 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 1 9.3
acres.
2.
i. Public Hearing to consider General Plan
Amendment/Zone Change 05-0937;
SmithTech/USA, Inc., representing Martin
Etcheverry, property owner, has applied for a
general plan amendment and zone change on
approximately 18.7 acres located on the east
side of Jewetta Avenue (future) approximately 660
feet south of Etchart Drive (future).
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource Intensive
Agriculture) and SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 18.7 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-06 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 18.7
acres.
2.
j. Public Hearing to consider General Plan
Amendment/Zone Change 05-0938; SmithTech
USA, Inc., representing Nelson Robert D. & Darin C.
Revocable Trust, property owners, has applied for a
general plan amendment on 80 acres, located west
of Gosford Road, generally between McCutchen
Road and Taft Highway.
ACTION TAKEN
RES 035-06
FR
RES 036-06
FR
Bakersfield, California, Feb. 8, 2006 - Page 11
6.
CONSENT CALENDAR HEARINGS continued
Item 6.j. continued
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres and changing the Circulation
Map to eliminate Progress Road as a
collector segment along the project site to
Taft Highway.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-32 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
2.
k. Public Hearing to consider General Plan
Amendment 05-1199; Marino/Associates,
representing Patrick Padilla, property owner, has
applied for a general plan amendment on
approximately 2.5 acres located on the north side of
Panama Lane approximately 300 feet east of South
H Street.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium Density
Residential) on approximately 2.5 acres.
I. Public Hearing to consider General Plan
Amendment/Zone Change 05-1437; Porter-
Robertson Engineering & Surveying, representing
the Marion & Shiney Collins Family Limited
Partnership, property owner, has applied for a
general plan amendment and zone change on
40.24 acres (Mesa Marin Raceway) located on the
north side of Kern Canyon Road (State Highway
184), approximately 2,000 feet southwest of the
Kern Canyon Road/State Highway 178 intersection.
265
ACTION TAKEN
RES 037-06
FR
RES 038-06
266
Bakersfield, California, Feb. 8, 2006 - Page 12
6. CONSENT CALENDAR HEARINGS continued
Item 6.1. continued
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from MUC (Mixed Use
Commercial) to LR (Low Density Residential)
on 7.89 acres and from HMR (High Medium
Density Residential) to LR on 0.29 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 104-20 from R-S-2.5A (Residential
Suburban 2.5 acre minimum lot size) to R-1
(One Family Dwelling) on 40.24 acres.
m. Public Hearing to consider General Plan
Amendment 05-0953; Quad Knopf, representing
East Hills Community Development, has proposed
an amendment to the Circulation Element of the
Metropolitan Bakersfield General Plan and adoption
of a Specific Plan Line for Brentwood Drive.
1.
2.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment of a Specific Plan Line for
Brentwood Drive.
n. Public Hearing to consider General Plan
Amendment 05-1287; Porter-Robertson
Engineering & Surveying, representing Arnold Petit
c/o Ed Coyne, has proposed an amendment to the
Circulation Element of the Metropolitan General
Plan and adoption of a Specific Plan Line for Chase
Avenue.
1.
Resolution approving the Negative
Declaration and adopting the General Plan
Circulation Amendment for Chase Avenue
Specific Plan line.
ACTION TAKEN
RES 039-06
FR
RES 040-06
RES 041-06
Bakersfield, California, Feb. 8, 2006 - Page 13
6. CONSENT CALENDAR HEARINGS continued
o. Public Hearing to consider General Plan
Amendment to the Noise Element No. 05-1319; The
City of Bakersfield has proposed an amendment to
the Noise Element of the Metropolitan
Bakersfield General Plan related to noise generated
by mobile sources.
1.
Resolution making findings, adopting
proposed amendment to the Noise Element
of the Metropolitan Bakersfield General Plan
(File No. 05-1319).
City Clerk McCarthy announced correspondence
was received regarding item 6.d. from Crimson
Resources in opposition to the proposal, and from M
& S Land Company in support of the proposal;
therefore, at the request of the City Attorney the
item will be heard at the end of the regular hearing
calendar.
Hearings opened at 5:30 p.m.
No one spoke.
Hearings closed at 5:31 p.m.
Motion by Vice-Mayor Maggard to approve items 6.a
through 6.0., with the removal of item 6.d. to heard at
the end of the regular hearing calendar.
Recess taken from 5:33 to 6:18 p.m.
RECESS
7. HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 05-0410; Pinnacle
Engineering, representing Tim Denari of BVGG
LLC, property owner, has appealed the Planning
Commission's decision denying their request for a
general plan amendment on approximately 110
acres, generally located at the southeast corner of
Cottonwood Road and Casa Loma Drive.
-~--
267
ACTION TAKEN
RES 042-()6
APPROVED
268
Bakersfield, California, Feb. 8, 2006 - Page 14
7. HEARINGS continued
Item 7.a. continued
1.
Resolution approving the appeal and
approving the Negative Declaration and
adopting the general plan amendment by
changing the land use designation from SR
(Suburban Residential), OS-P (Open Space-
Parks) and P (Public Facilities) to LR
(Low Density Residential) on approximately
110 acres.
2.
First Reading of Ordinance approving the
appeal and approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential
Suburban) and OS (Open Space) to R-1
(One Family Dwelling) on approximately 110
acres.
Staff comments by Deveiopment Services Director
Stan Grady.
Hearing opened at 6:22 p.m.
No one spoke in opposition to the staff
recommendation.
Matt Vovilla, Pinnacle Engineering, and Tim Denari,
property owner, submitted written information and
spoke in favor of the staff recommendation.
Motion by Councilmember Carson to adopt the
Resolution and give first reading to the Ordinance
with the condition a City park with a spray park water
feature be included in the project.
b. Public Hearing to consider General Plan
Amendment/Zone Change 04-1746; Centex Homes
by Mcintosh & Associates for the Hershel and
Clarissa Moore Living Trust, property owner, has
applied for a general plan amendment and zone
change on 186.66 acres. Annexation of the project
area into the City is proposed. The project area is
generally located north and south of Taft Highway
(State Route 119) between Ashe Road on the west
and future Mountain Ridge Road on the east.
ACTION TAKEN
RES 043-06
FR
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 15
7.
HEARINGS continued
Item 7.b. continued
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan
Amendment/Zone Change No. 04-
1746/Annexation No. 477.
2.
Resolution adopting the general plan
amendment changing the land use
designations from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 80.07 acres, from RR (Rural Residential)
to LR on 37.06 acres, and from RR to LMR
(Low Medium Density Residential) on 69.53
acres.
Development Service Director Grady made staff
comments.
Hearing opened at 6:34 p.m.
Gordon Nipp, on behalf of the Sierra Club, and Sam
Alvarado spoke in opposition to the staff
recommendation.
Roger Mcintosh, Mcintosh and Associates, spoke in
favor of the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, and Sam
Alvarado, spoke in rebuttal opposition to the staff
recommendation.
Hearing closed at 6:46 p.m.
Motion by Councilmember Sullivan to certify the final
EIR, adopt the Resolution approving the General Plan
Amendment and give the Ordinance first reading.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-1063; S & J Alfalfa
Companies, has proposed a general plan circulation
element amendment and zone change for property
generally bounded by State Highway 178 on the
north, Morning Drive to the west, Vineland Road to
the east and College Avenue to the south, for the
purposes of developing single family residences.
269
ACTION TAKEN
RES 044-06
RES 045-06
APPROVED
270
Bakersfield, California, Feb. 8, 2006 - Page 16
7.
HEARINGS continued
Item 7.c. continued
1.
Resolution certifying the Final Environmental
Impact Report for SKY 19 Development
General Plan Amendment/Zone Change No.
05-1063.
2.
Resolution approving a general plan
amendment to change the Circulation
Element to eliminate a north-south collector
street along the mid-section line of Section
19 and re-align a separate collector
(Highland Knolls Drive) between Morning
Drive and Vineland Avenue shown on the
Circulation Plan.
3.
First Reading of Ordinance approving an
amendment to Title 17 of the Municipal
Code from R-1 (One Family Dwelling) to R-
1/PUD (One Family Dwelling/Planned Unit
Development) on 574 acres.
City Clerk Mccarthy announced correspondence
was received from Young Wooldridge in opposition
to the item; additionally correspondence was
received from Paul Hastings et. al. in support of the
item.
Development Services Director Grady made staff
comments.
Hearing opened at 6:52 p.m.
Mike Kaia, Law Offices of Young Wooldridge,
on behalf of Kern Canyon Estates LP, spoke in
opposition to the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, spoke in
support of the staff recommendation.
Hearing closed at 6:57 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
and give first reading to the Ordinance.
ACTION TAKEN
RES 046-06
RES 047-06
FR
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 17
6.
CONSENT HEARINGS continued
d. Public Hearing to consider General Plan
Amendment/Zone Change 05-0844; Pacific
Engineering, representing M & S Land Company,
LLC, property owner, has applied for a general plan
amendment, including establishment of a specific
plan line for a portion of Etchart Road, and zone
change on approximately 140 acres iocated at the
southeast corner of J'h Standard Road and the
planned Allen Road alignment (future).
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
and Petroleum) and SR (Suburban
Residential) to SI (Service Industrial), LI
(Light Industrial) and SR (Suburban
Residential) on approximately 140 acres and
establishing a specific plan line for the
eastern portion of the Etchart Road segment
traversing the project area.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
101-01 from A (Agriculture) to M-1 (Light
Manufacturing), M-2 (General
Manufacturing) and E/PE (Estate One
Family Dwelling/Petroleum Extraction
Combining District) on approximately 140
acres.
City Clerk McCarthy announced correspondence
was received regarding this item from Crimson
Resources in opposition to the proposal, and from M
& S Land Company in support of the proposal.
Development Services Director Grady made staff
comments.
Hearing opened at 7:01 p.m.
Teri Bjorn, Clifford and Brown, on behalf of Crimson
Resources, spoke and submitted written material in
opposition to the staff recommendation. Additionally
Gary Buntman, Vice-President and coowner of
Crimson Resources spoke in opposition and
submitted written material.
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ACTION TAKEN
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Bakersfield, California, Feb. 8, 2006 - Page 18
6.
CONSENT HEARINGS continued
Item 6.d. continued
Maurice Etchechurry, property owner, spoke in
support of the staff recommendation.
Teri Bjorn and Gary Buntman spoke in rebuttal
opposition of the staff recommendation.
Maurice Etchechurry spoke in rebuttal support of the
staff recommendation.
Motion by Councilmember Couch to adopt the
Resolution approving the Negative Declaration,
approving the proposed General Plan Amendment,
adopting the Specific Plan Line and give first
reading of the Ordinance, with a condition added
regarding the setback, and landscaping on fh
Standard Rd. Additionally, the project
applicant agrees to a condition of approval that
both parties will enter into an accommodation
agreement prior to the recordation of the Tentative
Map. If not completed within nine months from
tonight, the project applicant may appeal to the
Planning Commission to have that condition
removed. The City Attorney shall approve the
Accommodation Agreement language.
Councilmember Couch requested the Planning and
Development Committee coordinate with the City of
Shatter to adopt consistent standards along f1'
Standard Rd.
8. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested Public Works Director
Rojas summarize the presentation made to the High School
District regarding possible alignment of the Crosstown
Freeway near Bakersfield High School. City Manager
Tandy responded.
Councilmember Benham congratulated Jim Foss, staff and
the Rabobank Arena for securing the CIF Wrestling
Championships for the next three years.
Councilmember Benham requested staff contact her
regarding two referrals and provided written
correspondence to the City Clerk.
Councilmember Hanson requested staff provide him
with contact information for a Sherrie Gibson.
ACTION TAKEN
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 19
8.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson thanked Dianne Hoover and
staff for the recent graffiti/landscaping meeting at Silver
Creek.
Councilmember Hanson requested staff respond to a
letter regarding a traffic signal at Panama and Buena
Vista.
Councilmeber Scrivner requested staff contact the
Neighborhood Watch Captain regarding issues in the
Berkshire Rd. area and provided contact information.
Councilmember Scrivner requested Police staff
address the feasibility of patrolling interior
neighborhoods in the Berkshire Rd. area.
Councilmember Scrivner requested staff provide an
update regarding status of the legislature's effort to
elevate multiple graffiti offenses to felony standing.
Councilmember Sullivan requested additional police
patrol and ticketing of speeders and racers in on Ming
Avenue near Taco Bell.
Councilmember Sullivan gave an update regarding the
progress of the In God We Trust program.
Councilmember Carson requested EDCD staff address
citizen complaints regarding the housing project
at 1125 California A venue.
Councilmember Carson requested information
regarding responsibility for fencing and maintenance
along the canal at S. H Street and Ming Ave.
Councilmember Carson requested Fire Police and City
Attorney staffs address the issue of ice cream trucks
selling BB guns and smoke bombs, and research
whether they can sell these types of items or any
items other than ice cream.
Councilmember Carson noted the passing of Coretta Scott
King and announced a celebration of Mrs. King's life will
take place at the Martin Luther King, Jr. Center at 9:00
a.m., February 11,2006.
Councilmember Carson announced the Home Depot will
sponsor and, with the help of employee, community and
City School District volunteers, build a community
playground at McKinley School.
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ACTION TAKEN
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Bakersfield, California, Feb. 8, 2006 - Page 20
8.
COUNCIL AND MAYOR STATEMENTS
Councilmember Couch thanked staff for expeditious
removal of graffiti in the northwest and requested staff
contact the County regarding graffiti removal in areas
adjacent to the City.
Councilmember Couch wished everyone Happy Valentine's
Day.
Vice-Mayor Maggard made comments regarding Lowe's
Home Improvement locating a store in the College Center.
Vice-Mayor Maggard requested staff contact Maxine
Gather regarding the feasibility of a senior center in
the area of her home.
Vice-Mayor Maggard requested staff contact Michael
Guiterrez regarding street repairs on Medio Luna.
Vice-Mayor Maggard made comments regarding Foothill
High School graduate Joey Porter, member of the Super
Bowl winning Pitlsburg Steelers, and plans to honor him
locally.
9. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:47 p.m.
ATTEST:
~MIOÁ /1-
CITY CLERK and Ex Officio
the Council of the City of Bake
ACTION TAKEN