HomeMy WebLinkAbout08/16/06 CC MINUTES
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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
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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.
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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).
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Bakersfield, California, August 16, 2006 - Page 3 3
5. CONSENT CALENDAR continued ACTION TAKEN
l j. Changes to salary schedule, new job specification
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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.
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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.
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5.
CONSENT CALENDAR continued
ACTION TAKEN
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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
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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.
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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.
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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
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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)
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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.
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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.
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Bakersfield, California, August 16, 2006 - Page 10
5.
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
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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.
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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.
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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
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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.
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Bakersfield, California, August 16, 2006 - Page 13
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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Bakersfield, California, August 16, 2006 - Page 17
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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.
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Bakersfield, California, August 16, 2006 - Page 18
8.
HEARINGS continued
Item a.a. continued
ACTION TAKEN
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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
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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.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.
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Bakersfield, California, August 16, 2006 - Page 19
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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.
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Bakersfield, California, August 16, 2006 - Page 20
8.
HEARINGS continued
Item B.c. continued
ACTION TAKEN
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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
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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
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Bakersfield, California, August 16, 2006 - Page 21
21
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8.
HEARINGS continued
Item a.d. continued
ACTION TAKEN
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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.
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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
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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.
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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
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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
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Bakersfield, California, August 16, 2006 - Page 23
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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.
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Bakersfield, California, August 16, 2006 - Page 24
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch submitted written material for
referrals.
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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.
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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.
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Bakersfield, California, August 16, 2006 - Page 25
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18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
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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.
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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:
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Bakersfield, California, August 16, 2006 - Page 26
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