HomeMy WebLinkAbout05/24/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 24,2006
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 5:26 p.m.)
Scrivner
Absent:
None.
2. INVOCATION by Rabbi Cheryl Rosenstein, Temple
Beth EI.
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PLEDGE OF ALLEGIANCE by Jacob Parks, 9th Grade
Student at Bakersfield High School.
4. PUBLIC STATEMENTS
3.
a. Bruce Freeman, President of Castle & Cooke, spoke
regarding the Federal Courthouse and announced
the GSA has allowed Castle & Cooke to remove
itself from the contract.
5. APPOINTMENTS
a. Two (2) appointments to the Bakersfield
Redevelopment Agency due to the resignation of
Shirlyn Davenport, term expiring April 22, 2007 and
the expiration of term of Leonard Schroeder, term
expired April 22, 2006.
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Mayor Hall nominated Larry Koman to fill the
unexpired term of Shirlyn Davenport ending April 22,
2007, and Sara Takii to a full term expiring April
22, 2010, on the Redevelopment Agency.
Motion by Vice-Mayor Maggard to approve the Mayor's
nominations.
APPROVED
AB BENHAM
382--
Bakersfield, California, May 24, 2006 - Page 2
6.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 10, 2006, Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 28,
2006 to May 11 , 2006 in the amount of
$11,252,475.11 and self insurance payments from
April 28, 2006 to May 11, 2006 in the
amount of $308,063.86.
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Sections 1.12.030, 1.12.40 and
1.12.050 by adding Annexation No. 467 to Ward 3,
Annexation Nos. 484 and 490 to Ward 4
and Annexation 440 to Ward 5.
d.
First Reading of Ordinance amending Section
14.04.120 of the Municipal Code relating to
water rates and fees.
Resolutions:
e.
Resolution approving a Memorandum of
Understanding for the employees of the Association
of Bakersfield Police Officers for salaries and related
benefits and adopting salary schedule.
f.
Resolution adding territory, Area 5-26 (E Panama, S
Union 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.
g.
Resolution to adopt a County Transportation
Expenditure Plan.
Resolution to Congressman Jim Costa and
Congressman Bill Thomas to request emergency
funding for the Army Corps of Engineers to expedite
the investigation, monitoring, studies and repairs of
the Lake Isabella Dam and Reservoir Project.
h.
ACTION TAKEN
J
FR
FR
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RES 126-D6
RES 127-D6
RES 128-06
RES 129-06
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Bakersfield, California, May 24, 2006 - Page 3 383.
6. CONSENT CALENDAR continued ACTION TAKEN
l i. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territories identified as:
1. Annexation No. 495 consisting of 60.88 RES 130-06
acres located north of Reina Road to
Kratzmeyer Road, west of Allen Road.
2. Annexation No. 512 consisting of 46.14 RES 131-06
acres located north of Snow Road, east of
Calloway Drive, west of the Calloway Canal.
3. Annexation No. 527 consisting of 81.06 RES 132-06
acres located west of Gosford Road
generally north of Taft Highway.
4. Annexation No. 537 consisting of 79.01 RES 133-06
acres located north of Snow Road between
Coffee Road and Calloway Road, south of
Etchart Road.
RES 134-06
5. Annexation No. 546 consisting of 22.32
acres located south of Berkshire Road, east
of South Union Avenue.
l 6. Annexation No. 541 containing 6.67 acres RES 135-06
located near the entrance to Kern River
Golf Course, near Lake Ming Road and
Rudal Street.
j. Resolution of Intention No. 1450 to order the RO/1450
vacation of the superseded right of way
dedication located southwesterly of the intersection
of Sillect Avenue and Arrow Street.
k.
Resolution of Intention No. 1453 preliminarily
adopting, confirming and approving Public
Works Director's Report for the Traffic Signal
Maintenance Districts and the 2006-07
budgets; setting time and place for hearing protests
on the amount of assessments to be levied
throughout each of the Traffic Signal Maintenance
Districts.
RO/1453
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384 Bakersfield, California, May 24, 2006 - Page 4
6. CONSENT CALENDAR continued ACTION TAKEN
I. Resolution of Intention No. 1454 preliminarily RO/1454 J
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 2006-07 budget;
setting time and place for hearing protests on the
amount of park landscaping assessments
to be levied throughout the Consolidated
Maintenance District.
m. Resolution of Intention No. 1455 preliminarily RO/1455
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 2006-07 budget;
setting time and place for hearing protests on the
amount of street and median landscaping
assessments to be levied throughout the
Consolidated Maintenance District.
n. McAllister Ranch Planned Sewer Area:
1. Resolution of Intention No. 1457 to establish RO/1457
the McAllister Ranch Planned Sewer
Area and preliminarily approving the
boundaries of the area and the cost and fee
schedule. J
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to sewer facilities.
o. Resolution of Intention No. 1458 to order the RO/1458
vacation of the 15 feet of right of way for
Berkshire Road between Granite Hills Street and
Shallow Cove Way, and, the temporary access,
turnaround, and slope easement located northwest
of the intersection of Berkshire Road and Granite
Hills Street.
Agreements:
p. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 06-129
with Castle & Cooke California, Inc. for
Tract 6475 Phases 4 & 5 located east of
Ashe Road and north of Panama Lane.
2. Final Map and Improvement Agreements AGR 06-130
with Centex Homes for Tract 6349 Phase 3 J
located north of Panama Lane and west of
Buena Vista Road.
Bakersfield, California, May 24, 2006 - Page 5 J 85,
6. CONSENT CALENDAR continued ACTION TAKEN
L Item 6.p. continued
3. Final Map and Improvement Agreement with AGR 06-132
McMillin Albany, LLC for Tract 6169
Phase 5 located north of Panama Lane and
east of Old River Road.
4. Final Map and Improvement Agreements AGR 06-133
with Lennar Homes of California, Inc. for
Tract 6290 Unit 2 located south of McKee
Road and west of Stine Road.
q. General Plan Amendment/Zone Change No. 05-
1580 (Ten Section, LP) generally located at the
southeast corner of Panama Lane and Nord Road.
1. Agreement with Ten Section, LP AGR 06-134
($192,645.00) for the preparation of an
Environment Impact Report (EIR) and
appropriate $192,645.00 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
2. Agreement with RBF Consulting AGR 06-135
($144,845.00) to prepare and Environmental
l Impact Report (EIR) for General Plan
Amendment/Zone Change for General Plan
Amendment No. 05-1580.
r. Agreement with Floyd Johnston Construction AGR 06-136
Company, Inc. (not to exceed $6,500,000.00)
for time and materials to construct the
McCutchen/Gosford sewer lift station for
Wastewater Treatment Plant No.3.
s. Agreement with BSK Associates (not to exceed AGR 06-137
$47,840.00) to provide groundwater sampling and
reporting services for Wastewater Treatment Plants
Nos. 2 & 3.
t. Agreement with Kern County Superintendent of AGR 06-138
Schools for use of Proposition 12 Funds to
construct a Kern River Educational Pavilion at the
California Living Museum.
u. Agreement with Kern County allowing City to enter AGR 06-139
into contracts with vendors that will be paid by
Homeland Security Grant funding.
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386 Bakersfield, California, May 24, 2006 - Page 6
6. CONSENT CALENDAR continued ACTION TAKEN
v. Amendment No. 1 to Agreement No. 05-0442 AGR 05-442(1) j
($101,078.75; revised not to exceed
$350,000.00) with Krazan & Associates, Inc. for
providing geotechnical and material testing
services.
w. Amendment No. 1 to Agreement No. 06-101 AGR 05-101(1)
(originally Agreement No. CA05-013) with
Clifford & Brown ($190,000.00, total not to exceed
$340,000.00) for outside legal services in
the matter of Elizabeth Ann Peel, et al v City, et al.
Bids:
x. Reject all bids for construction of two (2) concrete
block pump houses, pumps and motors for
the Ashe Road Water Well Project (CBK-45 and L-
212).
y. Accept bid to award contract to Loop Electric Inc. AGR 06-140
($115,495.02) for traffic signal and lighting
system installation at the intersection of Fairfax
Road and Highland Knolls Drive.
z. Accept bid to award contract to Nicholas AGR 06-141 j
Construction ($2,265,790.00) to construct sewer
storm drain and street improvements along Allen
Road from Rosedale Highway to Hageman
Road.
aa.
Accept bid and award contract to Bakersfield Well &
Pump Company ($1,067,145.00) for drilling and
pump testing three (3) domestic water wells: CBK-
47 located on Rockefeller Court, CBK-48 located on
Barley Harvest Avenue, and CBK-49 located on the
southeast corner of Pensinger and Entrada Del
Auqua.
AGR 06-142
Miscellaneous:
bb. Appropriate $1,000,000 California Housing Finance
Agency (CaIHFA) loan funds to the Old Town Kern
Redevelopment Project Area Operating Fund for the
Bakers Street Mixed Use Project - The Village at
Baker Street.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 6.a. through 6.bb. with corrections to
item 6.h.
APPROVED
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Bakersfield, California, May 24, 2006 - Page 7 387
7. CONSENT CALENDAR HEARINGS ACTION TAKEN
l City Clerk McCarthy announced correspondence
was received from Frank Echenique and Dolores
Phair in opposition to item 7.0.
a. Public Hearing to consider Resolution ordering the RES 136-06
vacation of the entire alley between Lake Street and
Kentucky Street, from King Street to Baker Street,
and portion of the alley between Lake Street and
Kentucky Street, from Baker Street to Kern Street.
b. Public Hearing to consider General Plan
Amendment/Zone Change 05-1930: Quad Knopf,
representing the Bakersfield Redevelopment
Agency (property owner), has applied for a
general plan amendment and zone change on 6.61
acres comprised of the block bounded by Baker
Street, Lake Street, King Street and Kentucky
Street, and a portion of the block bounded by Baker
Street, Lake Street, Kern Street and Kentucky
Street.
1. Resolution approving the Negative RES 137-06
Declaration and adopting the general plan
L amendment changing the land use
designation from GC (General Commercial)
to MUC (Mixed Use Commercial) on 6.61
acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 103-29 from C-2 (Regional
Commercial) to PCD (Planned Commercial
Development) on 6.61 acres.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0423;
SmithTech/USA, Inc. representing Pascoe Family
Investments, LLC (property owner) has applied for a
general plan amendment and zone change on
approximately 100 acres located at the northeast
corner of Gosford Road and McCutchen Road.
1. Resolution approving the Negative RES 138-06
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
l Agriculture) to LR (Low Density Residential)
on approximately 100 acres.
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Bakersfield, California, May 24, 2006 - Page 8
CONSENT CALENDAR HEARINGS continued
Item 7.c. continued
388"
7.
ACTION TAKEN
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2.
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 approximately 100
acres.
FR
d. Public Hearing to consider General Plan
Amendment/Zone Change No. 05-1445; Mcintosh &
Associates, representing Castle & Cooke California,
Inc. (property owner) has applied for a general plan
amendment and zone change on 9.88 acres located
at the northeast corner of Panama Lane and Ashe
Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HMR (High Medium Density Residential)
on 9.88 acres.
RES 139-06
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-22 from C-2 (Regional Commercial)
to R-2/PUD (Limited Multiple Family Dwelling
Zone/Planned Unit Development Zone) on
9.88 acres.
FR
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e. Public Hearing to consider General Plan
Amendment/Zone Change 05-1452;
SmithTech/USA, Inc. representing OMAX, LLC
(property owner), has applied for a general
plan amendment on 80 acres located at the
northwest corner of Taft Highway and Gosford
Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 70 acres and GC (General Commercial)
on the remaining 10 acres.
RES 140-06
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Bakersfield, California, May 24, 2006 - Page 9
CONSENT CALENDAR HEARINGS continued
Item 7.e. continued
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 70 acres and A to
C-2 (Regional Commercial) on 10 acres.
f. Public Hearing to consider General Plan
Amendment No. 05-0424; Pinnacle Engineering,
representing Donald & Virginia Robson Trust
(property owner) has applied for a general plan
amendment on 55 acres, located at the southeast
corner of Watts Drive and Cottonwood Road.
2.
g.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from LI (Light Industrial) to LMR
(Low Medium Residential) on 55 acres.
Public Hearing to consider General Plan
AmendmenVZone Change 05-0599; Pinnacle
Engineering, representing Jim and Cindy Edwards
(property owner) has applied for a general plan
amendment and zone change on approximately 20
acres located at the southeast corner of Cottonwood
Road and East White Lane.
1.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HI (Heavy Industrial) to
LMR (Low Medium Density Residential) on
approximately 20 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-16 from M-3 (Heavy Industrial) to
R-2 (Limited Multiple Family Dwelling) on
approximately 20 acres.
2.
ACTION TAKEN
FR
RES 141-06
RES 142-06
FR
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390
Bakersfield, California, May 24, 2006 - Page 10
CONSENT CALENDAR HEARINGS continued
7.
h.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1021; Michael
Dhanens Architect, representing Tammy Nguyen
and California Water Service Company
(property owners) has applied for a general plan
amendment and zone change on 2.28 acres
located at the northeast corner of V Street and 3rd
Street.
i.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HMR (High Medium Density Residential)
on a 2.14 acre parcel and from GC to P
(Public Facilities) on a 0.14 acre parcel.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 103-31 from C-2 (Regional
Commercial) to R-2 (Limited Multiple Family
Dwelling) on 2.28 acres.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1280; Jerry
Hendricks, representing Helen and Waldo Jones
(property owner) has applied for a general
plan amendment and zone change on
approximately 25 acres located north of Hosking
Road between Union Avenue and Cottonwood
Road.
1.
2.
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 25 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 approximately 25
acres.
2.
ACTION TAKEN
J
RES 143-D6
FR
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RES 144-06
FR
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Bakersfield, California, May 24, 2006 - Page 11 391
7. CONSENT CALENDAR HEARINGS continued ACTION TAKEN
l j. Public Hearing to consider General Plan
Amendment 05-1455; Lynx Realty & Management,
representing William & Geraldine Skaggs (property
owner) has applied for a general plan
amendment on approximately 5 acres located at the
northeast corner of Stine Road and
Berkshire Road.
1. Resolution approving the Negative RES 145-D6
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HR (High Density Residential)
on approximately 5 acres.
k. Public Hearing to consider General Plan
Amendment/Zone Change 05-1442;
Marino/Associates, representing Arredondo
Ventures, Inc. (property owner) has applied for a
general plan amendment on 5.5 acres located on
the south side of Panama Lane between Wible
Road and Windflower Avenue.
1. Resolution approving the Negative RES 146-D6
l Declaration and adopting the general plan
amendment and changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
5.5 acres.
2. First Reading of Ordinance approving the FR
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-26 from R-1 (One Family
Dwelling) to C-2 (Regional Commercial) on
5.5 acres.
I. Public Hearing to consider General Plan
Amendment/Zone Change 05-1361; Mcl ntosh &
Associates representing Sterling Oaks Investments,
LLC (property owner) has applied for a general plan
amendment on 7.32 acres and zone change on 4.60
acres located on the west side of Morning Drive
approximately 1,000 feet south of State Route 178.
1. Resolution approving the Negative RES 147-D6
Declaration and adopting the general plan
amendment changing the land use
l designation from LR (Low Density
Residential) to HMR (High Medium Density
Residential) on 7.32 acres.
392
Bakersfield, California, May 24, 2006 - Page 12
7.
CONSENT CALENDAR HEARINGS continued
Item 7.1. continued
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 103-24 from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on
4.60 acres.
m. Public Hearing to consider General Plan
Amendment No. 05-1421; Cal-Kern II, LLC
(applicant and property owner) has applied for a
general plan amendment on approximately
20 acres located north of State Highway 178 and
east of Morning Drive.
n.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) to LR (Low Density Residential)
on approximately 20 acres.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1451 ;
SmithTech/USA, Inc., representing Bear Mountain
Development, Inc. (property owner), has applied for
a general plan amendment on 43 acres (40 acres of
the 83 acres site to remain SR) located on the north
and south of Etchart Road and on the west side of
the Beardsley Canal.
1.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LMR (Low Medium Density Residential)
on approximately 7.73 acres and SR to LR
(Low Density Residential) on 35.87 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
Nos. 102-04 and 102-05 from A (Agriculture)
to E (Estate Residential) on 39.41 acres and
A to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 7.73
acres and A to R-1 (One Family Dwelling) on
35.87 acres.
2.
ACTION TAKEN
FR
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RES 148-D6
J
RES 149-06
FR
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Bakersfield, California, May 24, 2006 - Page 13
7. CONSENT CALENDAR HEARINGS continued
o.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1448; James C.
Lundy, representing the Thropp Jackson Trust
(property owner), has applied for a general
plan amendment and zone change on
approximately 51 acres located between Calloway
Drive and EI Toro Viejo Road, immediately north of
the Burlington Northern Santa Fe (BNSF)
Railway.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
LR (Low Density Residential) on
approximately 51 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-29 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 51
acres.
2.
p.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1257;
Marino/Associates, representing Harold Johnson,
Patricia Schrieiver, Michael Lorenzi and Susan
Piper by Ted Piper (property owner), has applied for
a general plan amendment on 80 acres, located at
the northeast corner of Pensinger Road and South
Allen 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 80 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 122-24 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
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393
ACTION TAKEN
RES 150-D6
FR
RES 151-D6
FR
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Bakersfield, California, May 24, 2006 - Page 14
CONSENT CALENDAR HEARINGS continued
7.
q.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1343; Porter-
Robertson Engineering, representing Stockdale Oil
& Gas, Inc. (property owner), has applied for a
general plan amendment and zone change on 74.71
acres located on the west side of Miramonte Drive,
approximately Y2 mile south of State Highway 178.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-EA (Resource-Extensive
Agriculture) and R-MP (Resource-Mineral &
Petroleum) to LR (Low Density
Residential) on 74.71 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 104-15 from A (Agriculture) to R-1
(One Family Dwelling) on 74.71 acres.
2.
Hearings opened at 5:28 p.m.
No one spoke.
Hearings closed at 5:29 p.m.
Motion by Vice-Mayor Maggard to approve the staff
recommendations on Consent Calendar Hearing items
7.a. through 7.q.
ACTION TAKEN
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RES 152-06
FR
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APPROVED
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Bakersfield, California, May 24, 2006 - Page 15
8.
HEARINGS
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a.
Protest Hearing to consider Resolution adding
territory, Area 4-44 (Chester Avenue, 24th Street to
Garces Circle) 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.
Assistant Public Works Director LaRochelle made
staff comments.
Hearing opened at 5:33 p.m.
Mimi Audello, San Joaquin Community Hospital,
spoke in favor of the staff recommendation.
Hearing closed at 5:35 p.m.
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Mayor Hall announced a dinner break during which
the City Clerk will tabulate the ballots for adding
territory to Consolidated Maintenance District Area
4-44.
RECESS
Recess taken from at 5:35 p.m.
Meeting reconvened at 6:35 p.m.
Mayor Hall announced Council will continue with
item 8.a.
City Clerk McCarthy announced the results of the
vote on the Chester Ave. Maintenance District:
. 38 total parcels
. 23 responses, response rate of 60.5%
. 20 yes votes, 87%
. 3 no votes, 13%
. Total annual assessment is estimated at
$4,700
. 67.5% of the annual assessment responded
favorably
Motion by Councilmember Benham to override the
protests and adopt the Resolution.
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39'5
ACTION TAKEN
RES 153-D6
APPROVED
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Bakersfield, California, May 24, 2006 - Page 16
4.
PUBLIC STATEMENTS continued
b.
David Rodgers spoke regarding Wifi internet and
submitted a written statement.
8. HEARINGS continued
b. Public Hearing to consider General Plan
Amendment No. 05-1135; The City has
proposed an amendment to the Land Use
Element of the Metropolitan Bakersfield
General Plan related to urban decay studies.
1.
Resolution making findings and
adopting proposed amendment to the
Metropolitan Bakersfield General
Plan related to urban decay studies.
Development Services Director made staff
comments.
Hearing opened at 6:50 p.m.
No one spoke.
Hearing closed at 6:50 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0940; Mcintosh &
Associates, representing Patty Smale, Janice
Sheldon, William Sheldon and Barbara Sheldon
(property owners) has applied for a general
plan amendment and zone change on 52.29 acres,
located west of Cottonwood Road, between East
Panama Lane and Pacheco Road. An appeal to the
Planning Commission decision was submitted by
the applicant.
1. Resolution denying the appeal and the
general plan amendment request to change
the land use designation from R-IA
(Resource-Intensive Agriculture) to LR (Low
Density Residential) on 52.29 acres.
2. Resolution denying the appeal and the zone
change from A (Agriculture) to R-1 (One
Family Dwelling) on 52.29 acres.
ACTION TAKEN
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RES 154-06
APPROVED
AB BENHAM
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Bakersfield, California, May 24, 2006 - Page 17
8.
HEARINGS continued
Item B.c. continued
City Clerk McCarthy announced an appeal has been
submitted by the applicant and correspondence
regarding the issue was received from Dave
Mitchell, Planning Manager, San Joaquin Valley Air
Pollution Control District.
Development Services Director Grady made staff
comments.
Hearing opened at 7:01 p.m.
Roger Mcintosh, Mcintosh & Associates, on behalf
of Patty Smale, Janice Sheldon, William Sheldon
and Barbara Sheldon, spoke in opposition to the
staff recommendation.
John Lewis, on behalf of Farmer John Eggs spoke
in support of the staff recommendation.
Motion by Councilmember Carson to continue the item
to the next General Plan cycle.
d.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1450;
SmithTech/USA Inc., representing Michel &
Margaret Ann Etcheverry Family Limited
Partnership (property owner) has applied for a
general plan amendment and zone change on
approximately 66.25 acres located on the south side
of Seventh Standard east of the Calloway Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 66.25 acres.
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 R-1
(One Family Dwelling) on approximately
66.25 acres.
City Clerk McCarthy announced correspondence
was received from Dennis and Laura McLean in
opposition to approval of the item.
397
ACTION TAKEN
APPROVED
AB BENHAM
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Bakersfield, California, May 24, 2006 - Page 18
8.
HEARINGS continued
Item 8.d. continued
Hearing opened at 7:16 p.m.
Anthony Marquez, SmithTech/USA, on behalf
Michel and Margaret Ann Ethcheverry, spoke in
support of the staff recommendation.
Councilmember Couch requested staff meet with him
to discuss the easement before the 6-7-06 meeting.
Motion by Councilmember Couch leave the hearing
open and continue the item to the June ]'h Council
meeting.
e. Public Hearing to consider General Plan
Amendment/Zone Change 05-1453;
SmithTech/USA, Inc., representing Breckenridge
Development Co., Inc., (property owner) has applied
for a general plan amendment on 90 acres, located
at the east side of Coffee Road, north of Snow
Road, and west of the Beardsley Canal.
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 90 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-04 from A (Agriculture) to R-1
(One Family Dwelling) on 90 acres.
1.
City Clerk McCarthy announced correspondence
was received from John and Rebecca Scherer and
Richard L. Peoples regarding the item.
Development Services Director Grady made staff
comments.
Hearing opened at 7:20 p.m.
Dan Kleinman and Dale Hoppwood spoke in
opposition to the staff recommendation.
Anthony Marquez, SmithTech/USA, on behalf of
Breckenride Development Co., Inc. spoke in favor of
the staff recommendation.
ACTION TAKEN
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APPROVED
AB BENHAM,
CARSON
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Bakersfield, California, May 24, 2006 - Page 19
8.
HEARINGS continued
Item a.d. continued
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Councilmember Couch requested staff meet with him
to discuss the density and number of units before the
6-7-06 meeting.
Motion by Councilmember Couch to leave the hearing
open and continue the item to the June 1h Council
meeting.
9. MAYOR AND COUNCIL STATEMENTS
Councilmember Couch requested staff pursue
development standards along 1h Standard Rd.
consistent with those imposed on Mr. Etchuchurry in
conjunction with the City of Shatter.
Councilmember Couch requested staff take measures
to assure the Park at Riverwalk will be well
maintained. Additionally he appealed to the public to
assist in the effort. City Manager Tandy responded.
Councilmember Hanson concurred with Councilmember
Couch regarding the Park at Riverwalk.
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Councilmember Hanson requested an update regarding
URS.
Councilmember Hanson requested information regarding
fencing of canals. City Attorney Gennaro responded.
Councilmember Hanson provided a letter from Yellow
Cab and requested staff respond.
Councilmember Sullivan made comments regarding the
Park at Riverwalk.
Councilmember Sullivan requested information
regarding ways to discourage loitering on private
property and directed staff contact the owners of
Copelands Sporting Goods and suggest they post no
trespassing signs.
Councilmember Sullivan noted improvement regarding
speed enforcement on Ming Avenue.
Councilmember Sullivan requested the sidewalk at the
northwest corner of Ming and Stine be repaired.
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399 '"
ACTION TAKEN
APPROVED
AB BENHAM,
CARSON
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Bakersfield, California, May 24, 2006 - Page 20
MAYOR AND COUNCIL STATEMENTS
9.
Councilmember Sullivan made comments regarding the
downtown area streetscape and requested staff
facilitate planting of trees in sidewalk cutouts that are
empty, particularly on F Street.
Councilmember Scrivner requested staff provide
information regarding accounting for fees allowed in
the new fireworks ordinance; in particular increase in
fines for illegal fireworks and if revenues exceed costs
will there be reimbursement, provide the information to
the vendor requesting information and prepare an
informational sheet for all the fireworks vendors.
Vice-Mayor Maggard requested information regarding
prior referrals and if they had been addressed.
Vice-Mayor Maggard requested staff analyze anti-gang
enforcement methods from Los Angeles to determine if
they would work in Bakersfield; additionally consider
expansion of penalties such as the seizure of property.
Vice-Mayor Maggard, on behalf Councilmember Carson,
announced Council has received a copy of a letter from
Teri Bjorn stating Rockin' Rodeo's lease is being terminated
as of 6-30-06.
Vice-Mayor Maggard requested information regarding the
quality of water at the Park at Riverwalk. City Manager
Tandy and City Attorney Gennaro responded.
Vice-Mayor Maggard requested the quality of all City parks
be maintained.
Vice-Mayor Maggard reported that the San Joaquin Valley
Air Pollution Control District Executive Director has agreed
to assist the City of Bakersfield and Kern County in
obtaining a grant for the transfer station.
Mayor Hall welcomed Boy Scout Troop 187 from the
Church of Jesus Christ of Later Day Saints.
ACTION TAKEN
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Bakersfield, California, May 24, 2006 - Page 21
9.
ADJOURNMENT
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Mayor Hall adjourned the meeting at 8:12 p.m.
ATTEST:
~
A:%t:, CITY CLERK and fficio Clerk of
the Council of the City of Bakersfield
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401
ACTION TAKEN
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