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HomeMy WebLinkAbout08/16/06 CC MINUTES l 1 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 16, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:24 p.m.), Scrivner Absent: None 2. INVOCATION Father Craig Harrison, St. Francis Church. 3. PLEDGE OF ALLEGIANCE by Vice-Mayor Maggard. 4. PUBLIC STATEMENTS l None. (see page 16) 5. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 19, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from July 8, 2006 to August 3, 2006 in the amount of $15,158,280.21 and self insurance payments from July 8, 2006 to August 3,2006 in the amount of $1,687,564.49. l 2 Bakersfield, California, August 16, 2006 - Page 2 ... 5. CONSENT CALENDAR continued ACTION TAKEN Ordinances: J c. First Reading of Ordinance approving a Negative FR Declaration and amending Section 17.06.020 (Zone Map No. 102-05) of the Municipal Code by changing the zoning from A (Agriculture) to C-1 (Neighborhood Commercial) on 15 acres located at the northwest corner of Snow Road and Coffee Road. (Applicant: SmithTech/USA, Inc. representing Bidart Brothers) (ZC 06-0258) d. Adoption of Ordinance amending Section 15.82.060 ORD 4365 of the Municipal Code relating to the fee for park development and improvement. e. Adoption of Ordinance amending Municipal Code ORD 4366 Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. f. Adoption of Ordinance amending Municipal Code ORD 4367 Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. j g. Adoption of Ordinance approving a Negative ORD 4368 Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) Resolutions: h. Resolution approving an application proposing RES 196-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 533 consisting of 52.65 acres located north of Snow Road, west of the Friant-Kern Canal. i. Resolution authorizing submittal of applications for RES 197-06 Beverage Container Recycling Grants (Curbside Recycling Program). J Bakersfield, California, August 16, 2006 - Page 3 3 5. CONSENT CALENDAR continued ACTION TAKEN l j. Changes to salary schedule, new job specification I and reclassification: 1. Amendment No.5 to Resolution No. 049-06 RES 049-06(5) setting salaries and related benefits for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Services Technician. 2. New job specification for Park Services Technician position. 3. Reclassification of Fleet Services Systems Analyst to Park Services Technician. 4. Deletion of jOb specification for Fleet Services Systems Analyst. k. Resolution adding territory, Area 3-50 (Harris, RES 198-06 Progress NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. l I. Resolution adding territory, Area 3-52 (Panama, RES 199-06 Mountain Vista SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. m. Resolution adding territory, Area 1-61 (Etchart, RES 200-06 Verdugo 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. n. Resolution adding territory, Area 3-49 (Old River, RES 201-06 Pacheco SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. l 4 Bakersfield, California, August 16, 2006 - Page 4 5. CONSENT CALENDAR continued ACTION TAKEN o. Resolution adding territory, Area 4-56 (Kern RES 202-06 j Canyon, Vineland) 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. p. Resolution adding territory, Area 4-57 (Vineland, RES 203-06 Highlander SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-27 (S Union, RES 204-06 q. Hosking SE#2) 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. r. Resolution adding territory, Area 5-28 (Planz, Hale RES 205-06 SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public j Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. s. Resolution adding territory, Area 3-48 (Panama, RES 206-06 Ashe 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. t. Resolution adding territory, Area 3-51 (Harris, RES 207-06 Mountain Vista 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. u. Resolution adding territory, Area 5-29 (Hale, Filson RES 208-06 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. .J Bakersfield, California, August 16, 2006 - Page 5 5 . ..1 5. CONSENT CALENDAR continued ACTION TAKEN l v. Resolution of Intention No. 1474 to add territory, Area 3-53 (Berkshire, Reliance SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1475 to add territory, Area 3-54 (Berkshire, Gosford SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1474 w. RO/1475 x. Resolution of Intention No. 1476 to add territory, RO/1476 Area 3-55 (Panama, Ashe SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. y. Resolution of Intention No. 1479 to add territory, RO/1479 Area 1-66 (Jewetta, Birchaven SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. l z. Resolution of Intention No. 1480 to add territory, RO/1480 Area 4-59 (Beale, E 18th St SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. aa. Resolution of Intention No. 1481 to add territory, RO/1481 Area 4-60 (E Brundage, Mt. Vernon NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. bb. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving boundary map. RES 209-06 2. Resolution of Intention No. 1473. RO/1473 3. Amendment No. 1 to Agreement No. 06-083 AGR 06-083(1) with Wilson & Associates for assessment engineering consulting services. l 6 Bakersfield, California, August 16, 2006 - Page 6 ACTION TAKEN 5. CONSENT CALENDAR continued cc. dd. ee. ff. gg. Verdugo Lane Planned Sewer Area: 1. Resolution of Intention No. 1472 to establish the Verdugo Lane Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. j RO/1472 2. FR Resolution of Intention No. 1466 to order the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only. (Thomas Roads - TRIP) RO/1466 Resolution of Intention No. 1477 to order the vacation of a portion of the sewer easement located south of 16th Street between Pine Street and Myrtle Street. RO/1477 Resolution of Intention No. 1478 to order the vacation of the turnarounds at the end of the alleys in Tract 3513 located at the northwest corner of Columbus Street and Christmas Tree Lane. SunGard HTE Computer Software: RO/1478 j 1. Resolution determining that SunGard HTE Software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. Amendment NO.6 to Agreement No. 97-283 with SunGard HTE ($46,110 total) for purchase of Click2Gov Internet Interface for Code Enforcement ($23,920) and QRep Web software ($22,190). RES 210-06 2. AGR 97-283(6) .J l l: , l Bakersfield, California, August 16, 2006 - Page 7 7 .. ",- 5. CONSENT CALENDAR continued ACTION TAKEN hh. BIO-key FireRMS Software: 1. Resolution determining that FireRMS software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. 2. Agreement with BIO-key (not to exceed $110,000) to purchase Fire RMS software. 3. Appropriate $110,000 County Reimbursement to the Information Technology Operating Budget in the General Fund. AGR 06-226 RES 211-06 ii. Sale of Real Property: 1. Resolution declaring the real property located north of Mall View Road, east of the East Hills Mall, surplus to the needs of the City. 2. Agreement with Gardens at East Hills, LLC ($279,100) to purchase property located north of Mall View Road, east of the East Hills Mall. AGR 06-227 DEED 6469 RES 212-06 Agreements: jj. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Four Fairways Enclave, LLC for Tract 6243 Phase 1 located at the intersection of Donaldo Street and Via Napoli Drive. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 1 located at the southwest corner of the intersection of Vista and Pensinger Roads. Final Map and Improvement Agreements with Towery Homes, Inc for Tract 6429 Phase 1 located south of Johnson Road on Renfro Road. 4. Final Map with PAC Park 78, LLC for Tract 6537 located at the intersection of 38th Street and Q Street. 1. AGR 06-228 2. AGR 06-229 AGR 06-230 AGR 06-231 3. 8 Bakersfield, California, August 16, 2006 - Page 8 5. CONSENT CALENDAR continued ACTION TAKEN kk. Agreement with Hanna, Brophy, Maclean, McAleer AGR 06-232 j & Jensen (not to exceed $180,000 for a 12 month term) for Worker's Compensation legal services. (Self Insurance Fund) II. Contributions to Bakersfield Museum of Art and Bakersfield Symphony: 1. Agreement with Bakersfield Museum of Art AGR 06-233 ($25,000) for FY 2006-07 contribution. 2. Agreement with Bakersfield Symphony AGR 06-234 ($50,000) for FY 2006-07 contribution. mm. Agreement with Rosedale - Rio Bravo Water REMOVED FOR SEPARATE Storage District to allow annexation of district CONSIDER A TION properties to the City. nn. Agreement with Rick Maharrey dba Kern County AGR 06-236 Slow Pitch Softball (not to exceed $45,900) for adult softball program officiating services. 00. Agreement with Wilson & Associates (not to exceed AGR 06-237 $114,000) to provide specialized continuing disclosure services for various Special Assessment j Districts. pp. Agreement with California Water Service Company AGR 06-238 to engineer and construct a 30" diameter pipeline along Snow Road to deliver Kern River water to the northwest water treatment plant located at Coffee and Norris Roads. qq. Agreement with Adavco Inc. ($76,972) for AGR 06-239 reimbursement to widen and improve 275 feet of Norris Road adjacent to the City's Water Station L208 located at the corner of Norris and Coffee Roads. rr. Agreement with Kern Veterans Memorial AGR 06-240 Foundation, Inc. for the construction and maintenance of the Veterans War Memorial on the southeast corner of Truxtun Avenue and S Street. ss. Tentative Tract Map Processing: 1. Agreement with TPG Consulting (not AGR 06-241 to exceed $50,000) to assist Planning Division staff with the processing of .J Tentative Tract Maps. Bakersfield, California, August 16, 2006 - Page 9 9 ACTION TAKEN . . 5. CONSENT CALENDAR continued l tt. Agreement with Kronick Moskovitz Tiedemann & AGR 06-242 Girard (not to exceed $75,000) to provide legal services for acquisition of right of way for the construction of the Westside Parkway. uu. Agreement with Ennis Land Development ($45,400) AGR 06-243 for reimbursement to construct the north half of Loudon Street adjacent to Loudon School. w. State Route 178 Interchange at Fairfax Road: 1. Amendment No. 1 to Agreement No. 02-062 AGR 02-062(1) with Parsons Brinckerhoff Quade & Douglas, Inc. ($289,517; total contract $1,275,081) to revise the time of completion, construction plans and scope of work. 2. Appropriate $290,000 Transportation Development Fund balance to the capital improvement budget to fund this amendment. ww. Amendment No. 1 to Agreement No. 05-278 with AGR 05-278(1) l T.Y. Lin International ($96,642; total contract $330,762) for engineering services on White Lane at State Route 99 eastbound to southbound on- ramp construction. xx. Assignment of Cable Television Franchise: 1. Amendment No. 1 to Agreement No. 95-229 AGR 95-229(1) regarding assignment of cable television franchise from CoxCom, Inc. to Cebridge Acquisitions, LP. 2. First Reading of Ordinance amending FR Section 5.48.020 of the Municipal Code relating to franchise rights. yy. Amendment No. 1 to Agreement No. 99-330 with AGR 99-330(1) Maxoil, Inc. allowing assignment of the license and rights to Matrix Oil Corporation. zz. Amendment No.8 to Agreement No. 98-222 with AGR 98-222(8) SunGard HTE, Inc ($152,795.83) for service support of licensed software. Contract Change Order NO.6 to Agreement No. 06- AGR 06-028 CC06 aaa. l 028 with Granite Construction Co. ($342,808); revised not to exceed $6,429,218) for N. Chester Avenue Bridge over the Kern River replacement. 10 Bakersfield, California, August 16, 2006 - Page 10 5. CONSENT CALENDAR continued ACTION TAKEN Bids: j bbb. Reject bid for furnishing and installing three (3) two- post lifts for Fleet Services. ccc. Reject bid for seven (7) front loader refuse trucks with packer bodies. ddd. Extend bid from South Coast Fire Equipment ($1,605,791.55) for one (1) replacement tractor-drawn aerial truck and two (2) replacement 1500 GPM Fire Pumper Trucks. eee. Accept bid from Noritsu America Corporation ($63,181.92) for one (1) digital dry printer. fff. Accept bid from SHI ($63,726.23) for replacement of IBM Servers and related equipment. ggg. Accept bids for McCutchen/Gosford Sewer Lift Station Project: 1. Accept bid from ABS Pump, Inc. ($285,996) for purchase of five (5) pumps. 2. Accept bid from Biorem Environmental Inc. ($175,000) for purchase of odor control system. J hhh. Award Agreement to Meyer Civil Engineering, Inc. ($206,125) for final design of new sewer trunk line to Wastewater Treatment Plant NO.2. AGR 06-244 iii. Accept bid and award contract to Irwin Seating Company ($423,724.02) for installation of auditorium seating at the Convention Center. AGR 06-245 jll. Accept bid from Comp USA ($43,713) for televisions for Rabobank Arena Concourse. Miscellaneous: kkk. Memorial Grove on Manor Street to be officially named San Miguel Grove. j l;... -, .. l l Bakersfield, California, August 16, 2006 - Page 11 11 ... 5. CONSENT CALENDAR continued ACTION TAKEN III. Assessment District and related Public Financing Authority (PFA) Bond Call: 1. Appropriate $2,351,967 fund balances to the operating budgets within various special assessment funds and PFA debt service funds to facilitate advance redemption of Assessment and related PFA Bonds. mmm. Appropriate $10,000 mini-grant from First 5 Kern to the Recreation & Parks Department Operating Budget to provide swim lessons and recreational swimming at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. nnn. Appropriate $1,000 contribution from Councilmember Irma Carson to the Recreation & Parks Department Operating Budget for a field trip during the 2006 Camp King program held at Dr. Martin Luther King, Jr. Community Center located at 1000 S. Owens Street. Revised job specification and reclassification: 1 . Revised job specification for Associate Planner. 000. 2. Reclassification of Assistant Planner (1 position) to Associate Planner. Motion by Councilmember Couch to approve Consent Calendar items 5.a. through 5.000. with the removal of item 5.mm. for separate consideration. APPROVED AS SULLIVAN mm. Agreement with Rosedale - Rio Bravo Water Storage District to allow annexation of district properties to the City. Motion by Councilmember Couch to approve item 5.mm. APPROVED AS SULLIVAN 12 Bakersfield, California, August 16, 2006 - Page 12 6. CONSENT CALENDAR HEARINGS ACTION TAKEN Assistant City Clerk Gafford announced j correspondence was received from Babak Naficy on behalf of the Sierra Club in opposition to item 6.c. a. Public Hearing to consider General Plan Amendment/Zone Change 05-1377 and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield; Dunmore Communities, representing Malladi S. Reddy (property owner) has applied for a general plan amendment and zone change on 130 acres located at the northwest corner of Morning Drive and Paladino Drive and, an amendment to the Specific Parks and Trails Plan for Northeast Bakersfield. 1. Resolution approving the Negative RES 213-06 Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) on 127.4 acres and OS-S (Open Space-Slopes) on 2.7 acres to LR on 110.4 acres and OS (Open Space) on 19.7 acres, establishing Specific Plan Lines for three j unnamed collectors, revising Bikeway Master Plan to designate Class 3 bike routes along the proposed collectors, and adopting Specific Parks and Trails Plan for Northeast Bakersfield amendment to designate Class 3 bike routes along proposed collectors. 2. First Reading of Ordinance approving the FR Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture-Hillside Development Combining) on 10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres. b. Public Hearing to consider General Plan Amendment/Zone Change 05-1932; SmithTech/ USA, Inc. representing Bidart Brothers (property owner) has applied for a general plan amendment and zone change on 65 acres located on the east .J and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal. L l l Bakersfield, California, August 16, 2006 - Page 13 1 3 .. 6. CONSENT CALENDAR HEARINGS continued Item 6.b. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on 25 acres and LR (Low Density Residential) on 40 acres. RES 214-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One Family Dwelling) on 40 acres. FR c. Public Hearing to consider General Plan Amendment/Zone Change 05-0519; Mcintosh & Associates representing Santa Barbara Capital (property owner) has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and ~ mile west of Ashe Road (future Reliance Drive) to the west. REMOVED FOR SEPARATE CONSIDER A TION 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 05- 0519/Annexation No. 503. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 142-03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-1/PUD (One Family Dwelling /Planned Unit Development) on 181.81 acres, and from R-S-20A (Residential Suburban 20-acre Minimum Lot Size) to R-1 on 9.78 acres. 3. 14 Bakersfield, California, August 16, 2006 - Page 14 ACTION TAKEN 6. CONSENT CALENDAR HEARINGS continued Public Hearing to consider General Plan Amendment/Zone Change 05-1917; Marino/ Associates representing Taft 28 LLC (property owner) has applied for a general plan amendment and zone change on 28.87 acres, located on the southwest corner of Taft Highway and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 28.87 acres. First Reading of Ordinance approving the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from E(20)-RS (Estate-20 acres- Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres. d. 2. e. J RES 215-06 FR Public Hearing to consider General Plan Amendment/Zone Change 05-1918; Marino/ Associates representing KC Taft Gosford (property owner) has applied for a general plan amendment and zone change on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. .J 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to HMR (High Medium Density Residential) on 18.43 acres. RES 216-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/Church Overlay) on 18.43 acres. FR .J l l l 6. Bakersfield, California, August 16, 2006 - Page 15 15 - ... CONSENT CALENDAR HEARINGS continued ACTION TAKEN f. Public Hearing to consider General Plan Amendment/Zone Change 05-1479; Mcintosh & Associates and Centex Homes representing Kevin Earl Pascoe and Laura Cregger Pascoe (property owners) have applied for a general plan amendment and zone change on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to LR (Low Density Residential) on 8.92 acres. RES 217-06 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family Residential) on 8.92 acres FR g. Public Hearing to consider General Plan Amendment/Zone Change 05-1783; Mcintosh & Associates, representing Fairfax Holdings (property owner) has applied for a general plan amendment and zone change on 89.5 acres located on the west side of Fairfax Road, south of Redbank Road. An appeal of the Planning Commission decision was submitted by Mcintosh and Associates. 1. RES 218-06 Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from RR (Rural Residential), SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential) on 89.5 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R- S-1 A (Residential Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban- 2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on 5 acres. 2. FR 16 Bakersfield, California, August 16, 2006 - Page 16 6. CONSENT CALENDAR HEARINGS continued Item 6.g. continued ACTION TAKEN Hearings opened at 5:20 p.m. j Harry Love requested item 6.c. be moved to the regular hearing calendar. Hearings closed at 5:22 Motion by Vice-Mayor Maggard to approve Consent Calendar Hearings 6.a. through 6.g. with the removal of item 6.c. for separate consideration. APPROVED AS SULLIVAN 7. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(C) of Government Code section 54956.9. (One case regarding claim of Minnie Jung.) Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:24 p.m. APPROVED AS SULLIVAN Motion by Councilmember Benham to adjourn from Closed Session at 5:50 p.m. RECESS CLOSED SESSION ACTION APPROVED .J a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(C) of Government Code section 54956.9. (One case regarding claim of Minnie Jung.) AGR 06-246 City Attorney Ginnaro announced concerning item 7.a.: "In Closed Session tonight the City Council unanimously approved the City to enter into a contract with American Restoration, in an amount not to exceed $95,000 for the restoration, remediation, packing and storing regarding the claim of Minnie Jung." PUBLIC STATEMENTS a. Dean Gardner spoke regarding railroad crossing safety and train whistle noise and provided handouts. .J L l l Bakersfield, California, August 16, 2006 - Page 17 17 . ACTION TAKEN Councilmember Benham requested the City Attorney investigate creating a "quiet zone" and if necessary forward the matter to the Legislation and Litigation Committee. b. Jaime Carmona and Alexis Skaggs spoke regarding a Social Host Ordinance and provided handouts. 8. HEARINGS a. Continued 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 Roger A. Mcintosh. 1. RES 219-06 Resolution the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres. Development Service Director Grady made staff comments and made a presentation. FR 2. Hearing opened at 6:31 p.m. John Lewis, Farmer John Eggs, spoke in opposition to the staff recommendation. Roger Mcintosh, Mcintosh and Associates, spoke on behalf of Patty Smale, spoke in favor of the staff recommendation. John Lewis, Farmer John Eggs, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 6:37 p.m. 18 Bakersfield, California, August 16, 2006 - Page 18 8. HEARINGS continued Item a.a. continued ACTION TAKEN J Vice-Mayor Maggard requested the Planning and Development Committee analyze the feasibility of establishing a policy regarding buffers. Motion by Councilmember Carson to adopt the Resolution and give first reading to the Ordinance, including a stand alone covenant informing buyers of the distance of the chicken ranch. APPROVED b. Public Hearing to consider General Plan Amendment/Zone Change 05-1928; Porter Robertson Engineering representing Todd Sweaney (property owner) has applied for a general plan amendment and zone change on 38.86 acres located at the northeast corner of Snow Road and Jewetta Avenue (future). An appeal of the Planning Commission decision was submitted by Harold W. Robertson. 1. Resolution approving the Negative Declaration, denying the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) and ER (Estate Residential) to SR (Suburban Residential) on 38.86 acres. RES 220-06 J 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No.1 02-06 from A (Agriculture) to E (Estate Residential) on 38.86 acres. FR Assistant City Clerk Gafford announced correspondence was received from Dennis and Laura McLean in support of the staff recommendation for item 8.b. Planning Director Grady made staff comments. Hearing opened at 7:08 p.m. Harold Robertson, on behalf of the applicant, Todd Sweaney, spoke in opposition to the staff recommendation. .J L l L Bakersfield, California, August 16, 2006 - Page 19 19 .. 8. HEARINGS continued Item B.b. continued ACTION TAKEN Laura McLean spoke in support of the staff recommendation. Harold Robertson, on behalf of the applicant, Todd Sweany, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 7:16 p.m. Motion by Councilmember Couch to uphold the appeal, accept the off-site street improvement conditions, adopt a Resolution approving the General Plan Amendment and give first reading to the Ordinance. APPROVED c. Continued 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 and zone change on 90 acres, located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. 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 90 acres. RES 221-06 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. FR Assistant City Clerk Gafford announced correspondence was received from Tony Reed and Dennis and Vicki Meadows in opposition to approval of this item. Additionally a petition was received in opposition to the item. Development Services Director Grady made staff comments; additionally Assistant Public Works Director LaRochelle made a staff presentation. Hearing opened at 7:37 p.m. 20 Bakersfield, California, August 16, 2006 - Page 20 8. HEARINGS continued Item B.c. continued ACTION TAKEN j", ; Bill Northrup, Don Wattenbarger, Mike Lewis, Don Fowler, Daniel Stevenson and Mark Tumblin spoke in opposition to the staff recommendation. Joseph Coscenza spoke is support of the staff recommendation. Bill Northrup, Don Wattenbarger and Daniel Stevenson spoke in rebuttal opposition to the staff recommendation. Joseph Coscenza spoke in rebuttal support of the staff recommendation. Hearing closed at 8:11 p.m. Annette Davis, Adavco, answered questions of Vice-Mayor Maggard. Councilmember Couch announced additional conditions to which the developer has agreed: . roof-mounted air conditioners not allowed on homes that abut Snow Rd. . one ingress and one egress on Snow Rd. to have right turn access only . construct median on Snow Rd. in front of project site . roofs on all structures in the project will be tile . block walls are to be built along entrances to the project . the number of homes in the project will be reduced from 370 to 350 J Motion by Councilmember Couch to approve the General Plan Amendment with the inclusion of the aforementioned conditions. APPROVED Recess taken from 8:56 p.m. to 9:08 p.m. d. Public Hearing to consider General Plan Amendment/Zone Change 05-1947; Banducci Land, LLC. (property owner) has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission's decision was submitted by Brent Dezember. CONTINUED j: . ;" Bakersfield, California, August 16, 2006 - Page 21 21 ... 8. HEARINGS continued Item a.d. continued ACTION TAKEN l Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval, and adopting the general plan amendment changing the land use designation from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to R-1 (One-Family Dwelling) on approximately 46 acres. 1. Assistant City Clerk Gafford announced correspondence was received from Charles D. Melton, Clifford & Brown, on behalf of Builders Concrete, supporting the appeal and requested continuance. l Staff comments by Development Services Director Grady. Hearing opened at 9:09 p.m. No one spoke. Motion by Councilmember Hanson to continue the issue to the August 30, 2006 Council meeting. APPROVED e. Public Hearing to consider General Plan Amendment/Zone Change 05-1887; Marino/ Associates, representing Mel Heinemann and Jack & Nuha Haddad, (property owners), has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. CONTINUED l L-............~.,__...___ ~_.._.._._ _____ __.._.~_.__. __~______.._" 22 Bakersfield, California, August 16, 2006 - Page 22 8. HEARINGS continued Item a.e. continued ACTION TAKEN 2. Resolution denying the amendment of Title 17 of the Municipal Code and amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres. j Assistant City Clerk Gafford announced correspondence was received from the applicant's attorney, Teri Bjorn, requesting this item be continued to the next General Plan Amendment cycle. Staff comments by Development Services Director Grady. Hearing opened at 9:11 p.m. No one spoke. Hearing closed at 9:13 p.m. Motion by Councilmember Carson to continue item 8.e. to the next GPA cycle. APPROVED .J f. Public Hearing to consider General Plan Amendment/Zone Change 05-0519; Mcintosh & Associates representing Santa Barbara Capital (property owner) has applied for a general plan amendment and zone change on 466.84 acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and Y2 mile west of Ashe Road (future Reliance Drive) to the west. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 05- 0519/Annexation No. 503. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06 acres and from RR (Rural Residential) to LR on 9.78 acres. RES 222-06 2. RES 223-06 j L l, s . l Bakersfield, California, August 16, 2006 - Page 23 23 8. HEARINGS continued Item 8.1. continued ACTION TAKEN Assistant City Clerk Gafford announced correspondence was received from Babek Naficy, on behalf of the Sierra Club, making comments on the matter. Hearing opened at 9:13 p.m. Harry Love, on behalf of the Sierra Club, spoke in opposition to the staff recommendation and provided written material. Roger Mcintosh, Mcintosh and Associates on behalf of Santa Barbara Capital, and Teri Bjorn, Kronick Moscovitz, spoke in favor of the staff recommendation and provided written material. 9. Hearing closed at 9:31 p.m. Motion by Councilmember Sullivan to approve the Resolution and give first reading to the Ordinance. COUNCIL AND MAYOR STATEMENTS APPROVED Councilmember Benham submitted documents supporting referrals. Councilmember Benham requested Code Enforcement in the San Emidlo St. alley. Councilmember Benham requested an update regarding sidewalk repairs on 111h St. at Cay Health Foods. Councilmember Benham requested staff respond to a citizen's letter regarding business practices at Costco. Councilmember Benham requested staff respond to any new concerns by a citizen requesting clarification of the taxi cab permit process. Councilmember Carson requested staff investigate lack of police response to noise complaints from 3408 Lotus Lane. Councilmember Carson made comments regarding community violence and announced a meeting in front of 129 U St., tomorrow, August 17, 2006 at 4:00 p.m. for the purpose of mobilizing the community against violence. l.....-...-_~.~_~_._~~___.___._~___._..._. ..._._.,_____._~._~.__~______..___._ _ ~..___._.____ 24 Bakersfield, California, August 16, 2006 - Page 24 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Couch submitted written material for referrals. .J Councilmember Couch requested staff meet with the County regarding traffic issues at Hageman and Allen Roads and offer City support for a solution to various problems. Council member Scrivner thanked Code Enforcement for service to the community. Council member Hanson requested clarification regarding staff responses to emails. Councilmember Hanson requested staff respond to a request for a stop sign on Mountain Oak. Councilmember Hanson requested increased patrol in the 10,000 block of Mirage due to vandalism. Councilmember Hanson requested staff provide information regarding the prosecution/sentences of convicted graffiti vandals and report back to Council. Councilmember Hanson requested an update regarding a house on Landfare that is perpetually under construction. j Councilmember Hanson requested provide an update regarding the status of installation of a catch basin at Montalvo/Dos Rios. Councilmember Sullivan made comments regarding street conditions. Councilmember Sullivan made comments regarding citizen responsibility and pets. Councilmember Sullivan made comments regarding the 50 year anniversary of the National Motto. Vice-Mayor Maggard requested staff implement a constituent tracking system. Vice-Mayor Maggard requested staff provide an update on Mr. Stanton's previous request regarding clean- outs of the lake and/or catch basins In the Riverlakes area. j Bakersfield, California, August 16, 2006 - Page 25 '- 5 - 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN l Vice-Mayor Maggard requested Fire staff investigate fire hydrants being turned off along Morning Dr. between Auburn and Paladino; investigate the safety issue and possible depletion of water for Fire Department use; and assure the scenario won't be repeated. Vice-Mayor Maggard requested staff determine whether or not people are living in boarded up apartments at the Via Jolla Apartments. Vice-Mayor Maggard requested Public Works Director Rojas, Development Services Director Grady and Councilmember Couch create a break apart committee for the purpose of addressing traffic issues with the County. Vice-Mayor Maggard requested a comprehensive strategy plan to combat urban terrorism including asset forfeiture on a grand scale, no reduction of time served and investigating use of private prison to increase capacity. L Vice-Mayor Maggard requested the San Joaquin Valley Air Pollution Control District provide further assistance in purchasing energy efficient equipment. Vice-Mayor Maggard requested staff provide information regarding possible utilization of Facility Replacement Funds to build fire stations. Mayor Hall made comments regarding graffiti, the Keep Bakersfield Beautiful Committee the new anti-graffiti brochure and the number of arrests made since the first of the year. 10. ADJOURNMENT Mayor Hall adjourned the M YOR of the City of Bakersfield, C ATTEST: 26 Bakersfield, California, August 16, 2006 - Page 26 *****THIS PAGE INTENTIONALLY LEFT BLANK***** j S:\CounciI\MINUTES\2006\AUG 16.doc j j