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HomeMy WebLinkAbout05/24/06 CC MINUTES .. i -.! "i · i J 81 l 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. l 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. l 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 j RES 126-D6 RES 127-D6 RES 128-06 RES 129-06 j ----_.~ 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 l ___'__~__~'__~___'~'___ ___ ~__ _~ ___~~~__~._ _,_____~,__~~_ _~~.___~____--.J 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. L L.-.......-~~~-'--.,.,_~_..~__.._---"_._~_ _~_~'_"_'_""''''''_''.~___'_~__.-.........-..o~ .___~ i __~.._~_~.____~~_~~ ._~~~~___.~_~____~~............~.._~__~_~.~_____~_.__~~_.___._---------.......___~.J 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 j 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. L--___._~_. ~.~"..~__.,_,_____"~___,~_,,.___,,_______,___,________"_-"--"------,------------,,.,--------, Bakersfield, California, May 24, 2006 - Page 8 CONSENT CALENDAR HEARINGS continued Item 7.c. continued 388" 7. ACTION TAKEN j 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 J 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 J L L L 7. 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 --------~--~--~. 1 , , 389 .., ..., L..--_~_________ __,.,_____________,,__ ~----------~-- __.,_____,__~____~_~__~___~.______.____,__,_____.J 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 J RES 144-06 FR J 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 j RES 148-D6 J RES 149-06 FR J l L l 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. L.-__________._._~_...~_____.._....._.__ .. 393 ACTION TAKEN RES 150-D6 FR RES 151-D6 FR - ......~~ --- -- ~--- ---.........-_~~~~~~ ~-~--~-~ --~~---- - - -- ---- -- ~~~ --------- ~---- ----.-J 3 94" 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 J RES 152-06 FR J APPROVED J Bakersfield, California, May 24, 2006 - Page 15 8. HEARINGS l 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. L 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. l 39'5 ACTION TAKEN RES 153-D6 APPROVED L..............__..~_______.._.._..._ __ ..___.__..__...__. .._~..___..._.____________..____._______u_~~_____ _m"~__~_'__ .___~___..._____.__. .______--...1 396 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 j RES 154-06 APPROVED AB BENHAM J j r ---- l l l 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 ....______ ___~____ .__...~...._~~__..__ _______~.____-----...-J 398. 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 J APPROVED AB BENHAM, CARSON J j ,- "... Bakersfield, California, May 24, 2006 - Page 19 8. HEARINGS continued Item a.d. continued l 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. L 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. l 399 '" ACTION TAKEN APPROVED AB BENHAM, CARSON ~_~___ ,___ ,___~..____.~....___. ....__~___....____________.~___-____~.~___-_- .._.._..,___.__.____.__,__~______._1 400 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 J j j Bakersfield, California, May 24, 2006 - Page 21 9. ADJOURNMENT L 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 L l ... .. 401 ACTION TAKEN . _______._____.___.._..___._~~_...___~_________~___._____......u__._.._..___~_ ._.._____.._______.___._____J 402 *****THIS PAGE INTENTIONALLY LEFT BLANK***** J J J