HomeMy WebLinkAbout11/15/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 15,2006
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 5:17 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
l 3.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 25,2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from October 13,
2006 to November 2,2006 in the amount of
$17,776,529.40 and self-insurance payments from
October 13, 2006 to November 2, 2006 in the
amount of $366,649.93.
Ordinances:
c.
First Reading of Ordinance amending Section
16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and
Section 17.64.050(b) relating to hearing notice
requirements for general plan amendments, specific
plans or zone changes.
FR
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Bakersfield, California, November 15, 2006 - Page 2
3.
CONSENT CALENDAR continued ACTION TAKEN
d. First Reading of Ordinance amending Municipal FR j
Code Sections 1.12.040, 1.12.010, 1.12.050
and 1.12.070 by adding Annexation No. 473
consisting of 60.71 acres located west of
Calloway Drive, generally north of Snow Road;
Annexation No. 478 consisting of 97.35 acres
located on the east side of Calloway Drive, generally
north of Snow Road; and Annexation No. 489
consisting of 1.68 acres located south of Rosedale
Highway, west of EI Tore Viejo Road to Ward 4;
Annexation No. 487 consisting of 41.64 acres
located east and west of Madison Street, near Belle
Terrace; and Annexation No. 497 consisting of
106.21 acres located at the northeast corner of
Berkshire Road and South Union Avenue to Ward 1;
Annexation No. 468 consisting of 121.90 acres
located north and south of McCutchen Road,
east and west of Progress Road; and Annexation
No. 502 consisting of 45.69 acres located at the
southeast corner of Panama Land and Buena Vista
Road to Ward 5; and Annexation No. 488 consisting
of 16.70 acres located generally south of McKee
Road, west of Freeway 99 to Ward 7.
e. Adoption of Ordinance approving a Negative ORD 4391 J
Declaration and amending Chapter 17.66
of the Municipal Code relating to HD, Hillside
Development Combining Zone.
Resolutions:
f. Resolution adopting amended Conflict of Interest RES 281-06
Code for City departments.
g. Sewer Connection Fee Assessments:
1. Resolution confirming assessment for sewer RES 282-06
connection fee and authorizing the
collection of assessment by the Kern County
Tax Collector.
2. Agreement with Dana Hunt to pay sewer AGR 06-328
connection fee in installments and notice of
special assessment lien for 6610 Betty
Street.
3. Agreement with Castillo Jorge Aguilar to pay AGR 06-329
sewer connection fee in installments
and notice of special assessment lien for
1809 Wade Avenue. J
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Bakersfield, California, November 15, 2006 - Page 3
3. CONSENT CALENDAR continued ACTION TAKEN
l h. Resolution approving the submittal of an application RES 283-06
to the U. S. Department of the Interior/Bureau of
Land Management for lease and future conveyance
of a 40-acre parcel in Northeast Bakersfield through
the Recreation and Public Purposes Act.
i. Sale of Real Property:
1. Resolution declaring real property located at RES 284-06
5221 Barley Harvest Avenue surplus to
the needs of the City.
2. Agreement with Lennar Homes of California, RES 06-330
DEED 6586
Inc., ($75,000) to purchase property located
at 5221 Barley Harvest Avenue.
j. Resolution approving request to file extension of RES 285-06
time with State of California, Department of
Transportation, for Mohawk Street Grade
Separation funds.
k. Emergency Asbestos Abatement at City Hall:
1. Amendment No. 1 to Resolution No. 266-06 RES 266-06(1)
dispensing with bidding procedures due
to emergency asbestos abatement in the
l ventilation system at City Hall, increasing
the not to exceed amount from $175,000 to
$239,000.
2. Appropriate and transfer $64,000 General
Fund Balance to the General Services
Capital Improvement Budget within the
Capital Outlay Fund.
3. Amendment No. 1 to Agreement No. 06-309 AGR 06-309(1)
with A.S.I., Inc. ($54,000; total not to
exceed $104,000) to abate the asbestos
contamination and clean ducts.
I. Resolution adding territory, Area 4-64 (8th, R NW) to RES 286-06
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 5-30 RES 287-06
(Berkshire, S Union NW) to the Consolidated
Maintenance District and confirming the
assessments by the Kern County Tax
Collector.
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Bakersfield, California, November 15, 2006 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
n.
Resolution of Intention No. 1491 to add territory,
Area 3-58 (Panama, Gosford SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1491
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Agreements:
o.
Final Map and Improvement Agreements with
Granite Pointe Estates, LLC for Tract 6226
located off Hosking Avenue, east of Wible Road.
AGR 06-331
AGR 06-332
p.
License Agreement with Kern Water Bank Authority
($1.00) to operate and maintain a 54 inch pipeline of
the James Canal Siphon within the City right of way
of Panama Lane.
AGR 06-333
q. Agreement with Southern California Gas Company
($127,705) for relocation of existing gas line facilities
at northeast corner of Calloway Drive and Brimhall
Road.
AGR 06-334
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Agreement with Muxlow Construction ($50,000;
Community Development Block Grant funds) to
provide handicap accessibility improvement services
to qualified low-income residents.
AGR 06-335
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s. Agreement with Bakersfield Rescue Mission
($60,880; Emergency Shelter Grant funds) to
support the operating costs necessary to continue
services at the Bakersfield Rescue Mission, 830
Beale Avenue.
AGR 06-336
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Agreement with Ft. Dearborn Life Insurance
Company for employee life insurance.
AGR 06-337
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Agreement with Foxcreek Properties, LLC
($92,463.35) to reimburse costs for right of way
acquisition and engineering plan preparation for
Brimhall Road widening east of Calloway Drive.
AGR 06-338
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Bakersfield, California, November 15, 2006 - Page 6
3. CONSENT CALENDAR continued ACTION TAKEN
bb. Wastewater Treatment Plant Projects: J
1. Amendment No.3 to Agreement No. 04-214 AGR 04-214(3)
with Parsons Water and Infrastructure
($2,533,469.00, total amount $10,549,717)
for design services of Wastewater
Treatment Plant NO.3 - 2007 Expansion
Project and odor control at Wastewater
Treatment Plant NO.2 Project.
2. Appropriate $444,870 Sewer Enterprise
Fund Balance (Wastewater Treatment Plant
No.2) to the Public Works Capital
Improvement Budget to fund the Plant 2 odor
control portion of the amendment.
cc. North Chester Avenue Bridge over the Kern River
Replacement Project:
1. Contract Change Order Nos. 7 and 10 to AGR 06-028 CC07
Agreement No. 06-028 with Granite AGR 06-028 CC010
Construction Company ($12,495.00 and
$14,440 respectively; revised not to exceed
$6,451,753.00) for the project.
2. Appropriate $314,598 Federal Bridge j
Replacement Funds to the Public Works
Capital Improvement Budget within the
ISTEA Fund for the project.
dd. Contract Change Order NO.2 to Agreement No. 06- AGR 06-111 CC02
111 with A.C. Electric Co. ($20,050; revised not to
exceed $518,253) for the Traffic Signal Interconnect
Project - Part 3 on Planz Road between Wible Road
and Hughes Lane, Truxtun Avenue at Oak Street
and White Lane at Saddle Drive.
Bids:
ee. Accept bids from DDL Traffic, Inc. ($69,980.63),
McCain, Inc. ($194,088.02) and Western
Communications Supply, Inc. ($296,905.54) for
signal equipment.
ff. Accept bid and award annual contract to Valley AGR 06-344
Printers (not to exceed $60,000) for printing the
Recreation brochure.
gg. Accept bid and award annual contract to Valley AGR 06-345
Pacific Petroleum (not to exceed $4,000,000)
for fuel. J
Bakersfield, California, November 15, 2006 - Page 7 109
3. CONSENT CALENDAR continued ACTION TAKEN
l hh. Accept bid and award contract to Kern County AGR 06-346
Construction, Inc. ($394,482) for one domestic
water well block pump house, CBK-46, located at
8217 Stonecrest Way, in the vicinity of Mountain
Ridge Drive and McCutchen Road.
ii. Accept bid and award contract to Teichert AGR 06-347
Construction ($3,187,115) to construct 72" sewer
main from Wastewater Treatment Plant No.2 to
Oswell/Redbank.
Miscellaneous:
jj. Acceptance of 2004-05 Transportation Development
Act Funds Financial Statement.
kk. Conversion of vacant Clerk Typist positions to
Senior Records Clerk, Accounting Clerk and
Crime Analyst for the Police Department.
II. Appropriate $15,000 additional facility/exclusivity
use revenue from Pepsi Bottling Company to the
Recreation and Parks Department Operating Budget
(per Agreement No. 02-009) for programs at Dr.
Martin Luther King, Jr. and Silver Creek Community
l Centers.
mm. Appropriate $6,800 State CAL-MMET Grant
Revenues to the General Fund Police Operating
Budget to purchase one Pen-Link software license.
nn. Appropriate $502,165 State Grant Revenues (STEP
Grant from Office of Traffic Safety) to the General
Fund Police Operating Budget to fund overtime for
traffic enforcement strategies and purchase
equipment for the Traffic Division.
Motion by Vice-Mayor Maggard to approve Consent APPROVED
Calendar items 3.a. through 3.nn.
4. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 06-
0377; Hendricks Engineering, representing
Knittel Bros., General Partnership, Patsy Stacy and
Dorothy A. Lowry (property owners) has applied for
a general plan amendment and zone change on
approximately 75.2 acres located south of E.
Panama Lane and east of Cottonwood Road, at the
southeast corner of Cottonwood Road and the
l Arvin-Edison Canal.
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Bakersfield, California, November 15, 2006 - Page 8
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
Item 4.a. continued
b.
c.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate) to LR (Low
Density Residential) on 75.2 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
124-28 from R-S-20A (Residential Suburban
20-acre minimum lot size) to R-1 (One
Family Dwelling) on 75.2 acres.
RES 288-06
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2.
FR
General Plan Amendment/Zone Change No. 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).
CONTINUED TO
NEXT GPA CYCLE
General Plan Amendment/Zone Change No. 06-
0349; Cornerstone Engineering, Inc., representing
Jack Hood and Hazel Mary Hobba (property owner)
has applied for a general plan amendment and zone
change on 20.03 acres located on the north and
south sides of Panorama Drive (future),
approximately % mile west of Vineland Road.
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1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing land use designation
from R-MP (Resource-Mineral Petroleum)
to LR (Low Density Residential) on 13.84
acres and HMR (High Medium Density
Residential) on 6.19 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zone Map No. 104-18 from R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family
Dwelling) on 6.19 acres.
FR
AS COUCH
RES 289-06
AS COUCH
2.
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Bakersfield, California, November 15, 2006 - Page 9
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4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
d.
General Plan Amendment/Zone Change No. 05-
0465; San Joaquin Engineering, representing Kern
County Housing Authority, James Pinkerton, John
Gonzalez & Beverly Yates, Jose Alfredo Gonzalez,
Jim Pinkerton Broker, Inc. and Charles Hayes
(property owners) has applied for a general plan
amendment and zone change on approximately 200
feet south of Columbus Street.
1.
RES 290-06
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HR (High Density Residential) on 1.4
acres and HMR (High Medium Density
Residential) on 1.4 acres and HMR (High
Medium Density Residential) on 3.8 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zoning Map No.1 03-21 from C-2 (Regional
Commercial) to R-3 (Multiple Family
Dwelling) on 1.4 acres and R-2 (Limited
Multiple Family Dwelling) on 3.8 acres.
FR
e. General Plan Amendment/Zone Change No. 05-
1271; Mcintosh & Associates representing S&J
Alfalfa, Inc. and Mountain View Bravo, LLC
(property owners) has applied for a general
plan amendment and zone change on
approximately 26.6 acres located along the north
side of Highway 178, west of future extension of
Vineland Road, south of Paladino Drive and east
Morning Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HR (High Density
Residential) to LR (Low Density Residential)
on 7.35 acres, HR to LMR (Low Medium
Density Residential) on 16.12 acres, and LR
to LMR on 3.16 acres.
RES 291-06
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Bakersfield, California, November 15, 2006 - Page 10
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
Item 4.e. continued
f.
g.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map
Nos. 104-18 and 104-19 from R-3 (Multiple
Family Dwelling) to R-1 (One Family
Dwelling) on 7.35 acres, R-3 to R-2 (Limited
Multiple Family Dwelling) on 16.12 acres and
R-1 to R-2 on 3.16 acres.
FR
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Public Hearing to consider appeal by James B.
Wiens, Clifford & Brown, representing Mr. &
Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R.
Lehr of the Planning Commission's decision
approving request by Marino and Associates,
representing Patricia Crawford, et al (property
owners) for Zone Change No. 06-0581 to pre-zone
20 acres from A (Agriculture) to R-S (Residential
Suburban) located on the south side of Pioneer
Drive (extended), approximately 660 feet east of
Vineland Drive.
CONTINUED TO
2-7-07 MEETING
General Plan Amendment/Zone Change No. 05-
1933; ADA VCO, representing Bidart Bros. (property
owner) has applied for a general plan amendment
and zone change on approximately 24 acres located
on the east and west of sides of Coffee Road,
approximately 460 feet north of Etchart Road, and
west of the Beardsley 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 12 acres and LMR (Low
Medium Density Residential) on
approximately 12 acres.
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RES 292-06
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and amending
Zoning Map Nos. 102-04 and 102-05 from A
(Agricultural) to R-1 (One Family Dwelling)
on approximately 12 acres and R-2/PUD
(Limited Multiple Family Dwelling/Planned
Unit Development) on approximately 12
acres.
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Bakersfield, California, November 15, 2006 - Page 11
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4.
CONSENT CALENDAR HEARINGS continued
h.
General Plan Amendment/Zone Change No.
06-0435, Plan Review for P.C.D. No. 06-
0435 and Modification to P.C.D. No. 05-
1227; Porter-Robertson Engineering &
Surveying, representing David Wilson
(property owner) has applied for a general
plan amendment, zone change and P.C.D.
Plan Review on 2.5 acres located on the
north side of Brimhall Road, approximately
1/8 mile west of Calloway Drive and P.C.D.
Modification of 7.5 acres located at the
northwest corner of Calloway Drive and
Brimhall Road.
ACTION TAKEN
1.
RES 293-06
Resolution approving the Negative
Declaration and adopting the general
plan amendment changing the land
use designation from SR (Suburban
Residential) to OC (Office
Commercial) on 2.5 acres.
2.
First Reading of Ordinance approving
the Negative Declaration and
amending Title 17 of the Municipal
Code and Zone Map No. 102-30 from
R-S-2.5A (Residential Suburban 2.5
Acre Minimum Lot Size) to C-O/PCD
(Professional and Administrative
Office Zone/Planned Commercial
Development) on 2.5 acres.
FR
3.
Resolution adopting P.C.D. No. 06-
0435 Plan Review to establish a
Preliminary Development Plan and
architectural style for a new multiple
tenant commercial office
development on 2.5 acre site.
Resolution adopting P.C.D. No. 05-
1227 Plan Modification to
conditionally eliminate the
requirement to construct a block wall
along the western boundary of the
subject property to facilitate the
construction of an integrated
commercial office development
on the subject property and adjoining
P.C.D. No. 06-0435 site.
RES 295-06
RES 294-06
4.
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Bakersfield, California, November 15, 2006 - Page 12
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
i.
j.
General Plan Amendment/Zone Change No. 06-
0456; Maurice Etchechury, representing Old River
Land Company (property owner) has applied for a
general plan amendment and zone change on
approximately 41 acres located at the northeast
corner of McCutchen Road and Ashe Road.
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1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 25.71
acres and LR (Low Density Residential)
on 15.49 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
123-27 from A-20A (Agricultural 20 acre
Minimum Lot Size) to M-1 (Light
Manufacturing) on 25.71 acres and R-1 (One
Family Dwelling) on 15.49 acres.
FR
RES 296-06
2.
General Plan Amendment/Zone Change No. 06-
0463; SmithTech/USA, Inc., representing Pascoe
Family Investments, LLC (property owner) has
applied for a general plan amendment and zone
change on 80 acres located on the north side of
McCutchen Road approximately 14 mile west of
Ashe Road.
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1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 41
acres and LMR (Low Medium Density
Residential) on 39 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
123-28 from A (Agriculture) to M-1 (Light
Manufacturing) on 41 acres and R-2 (Limited
Multiple Family Dwelling) on 39 acres.
FR
RES 297-06
2.
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Bakersfield, California, November 15, 2006 - Page 13
4.
CONSENT CALENDAR HEARINGS continued
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k.
Public Hearing to consider Resolution of Necessity
to consider the acquisition by eminent domain of
access rights owned by the Irwin Y. E. and Cecilia
C. Chu Trust, located at 5820 Auburn Street, for the
State Route 178 and Fairfax Interchange.
ACTION TAKEN
RES 298-06
Hearing opened at 5:19 p.m.
No one spoke.
Hearing closed at 5:20 p.m.
Motion by Vice-Mayor Maggard to Consent Calendar
Hearing items 4.a. through 4.f., with the continuance of
item 4.b. to the next GPA cycle and item the
continuance of item 4.f. to February 7, 2006.
APPROVED
5. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:21 p.m.
APPROVED
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Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 5:42 p.m.
APPROVED
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Bakersfield, California, November 15, 2006 - Page 14
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
Present: Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
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6.
ROLL CALL
Absent: None.
a. Introduction of Student Body Representatives
participating in the 52nd consecutive "Teen City
Government Day":
7.
Amanda Morley, South High School, Elisse Wolfe,
Bakersfield Christian High School, Mike Choe,
Golden Valley High School, Katrina Berry,
Bakersfield High School, Jeff Hatcher, Centennial
High School, Danae Damron, East Bakersfield High
School, Chelsea Horath, Foothill High School, Gabbi
Chee, Garces High School, Nick Simons, Stockdale
High School, Nick Northrop, North High School,
Matthew Cuellar, Ridgeview High School and
Stephanie Chavez, West High School.
INVOCATION by Rabbi Paul Gordon, Bnai Jacob.
PLEDGE OF ALLEGIANCE by Becky Baker, 4th Grade
Student at Colonel Nichols School.
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8.
9. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
City Attorney Gennaro announced Council would
re-convene Closed Session after Mayor and
Council Statements time permitting. If time does not
allow the issue will be continued to the next Council
meeting.
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
NO REPORTABLE
ACTION
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Bakersfield, California, November 15, 2006 - Page 15
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9.
CLOSED SESSION ACTION continued
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City Attorney Gennaro stated for the record~ "On
September 13, 2006, the City Council voted
unanimously to authorize settlement in an existing
litigation matter known as Peel versus the City of
Bakersfield in an amount no to exceed our self insured
retention fund."
ACTION TAKEN
APPROVED
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
representatives from the Sikh community,
proclaiming November 19, 2006, as "Sikh Parade
Day".
Nazar Kooner accepted the Proclamation and made
comments.
b.
Presentation by Mayor Hall of Retirement Plaque
and gift certificate to George Gonzales, Community
Development Coordinator, Community
Development.
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Mike Henderson from the Bakersfield Rescue
Mission presented a plaque.
George Gonzales accepted the plaque and
certificate and made comments.
Vice- Mayor Maggard congratulated Mr. Gonzales.
11. PUBLIC STATEMENTS
a. Jay Gauthier spoke regarding block wall standards
along roadways.
Councilmember Benham requested the Planning and
Development Committee address the issue of revising
existing standards for block walls along roadways.
b. Clay Maynard and Marilyn Wilkins Maynard spoke
regarding the Hillside Ordinance.
Recess taken from 7:13 p.m. to 7:19 p.m.
Mayor Hall recognized Boy Scout Troop 125 from
St. Francis School and Council member-elect from
Ward 3, Ken Weir.
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12.
HEARINGS
Bakersfield, California, November 15, 2006 - Page 16
ACTION TAKEN
a.
General Plan Amendment/Zone Change No. 05-
1428; Pinnacle Engineering, representing Sikander
Singh & Daljeet Kaur Jassar (property owners) has
applied for a general plan amendment and zone
change on 100 acres located on the south side of
East Panama Lane, ~ mile east of Cottonwood
Road. Pinnacle Engineering has appealed the
Planning Commission decision.
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1.
Resolution approving the Negative
Declaration, denying the appeal and
adopting the general plan amendment
changing the land use designation from ER
(Estate Residential) to LR (Low Density
Residential) on 100 acres.
RES 299-06
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 and Zone Map No. 124-28 from R-S-20A
(Residential-20 acre Minimum) to R-1 (One
Family Dwelling) on 10 acres.
FR
Development Services Director Grady made staff
comments.
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Hearing opened 7:22 p.m.
Matt Hovella, Pinnacle Engineering, spoke in favor
or the staff recommendation.
Hearing closed at 7:24 p.m.
Motion by Councilmember Carson to adopt the
Resolution and give first reading to the Ordinance.
APPROVED
b.
General Plan Amendment/Zone Change No. 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). Brent Dezember has appealed the
Planning Commission decision.
CONTINUED TO
NEXT GPA CYCLE
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Bakersfield, California, November 15, 2006 - Page 17
HEARINGS continued
Item 12.b. continued
ACTION TAKEN
1. 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 the Municipal Code and Zone Map No.
123-32 from A (Agriculture) to R-1 (One
Family Dwelling) on approximately 46 acres.
City Clerk McCarthy announced correspondence
was received from Banducci Land requesting this
item be continued to the next GPA cycle.
Development Services Director Grady made staff
comments.
Hearing opened at 7:26 p.m.
No one spoke.
Hearing closed at 7:26 p.m.
Motion by Councilmember Hanson to continue the
matter to the next GPA cycle.
APPROVED
c.
General Plan Amendment/Zone Change 06-0443;
Marino/Associates, representing West Coast
Investments, Inc. (property owner) has applied for a
general plan amendment and zone change on 28.52
acres located on the north side of Pacheco Road
and west of Akers Road (future). West Coast
Investments has appealed the Planning
Commission decision.
1. Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) to HMR
(High Medium Density Residential) on 23.66
acres and SI (Service Industrial) to HMR on
4.86 acres.
CONTINUED TO
11-29-06
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Bakersfield, California, November 15, 2006 - Page 18
12.
HEARINGS continued
Item 12.c. continued
ACTION TAKEN
2.
Resolution denying the amendment to Title
17 of the Municipal Code and Zone Map
No. 123-14 from M-1 (Light Manufacturing)
to R-2 (Limited Multiple Family Residential)
on 10.26 acres and M-2 (General
Manufacturing) to R-2 on 18.2 acres.
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City Clerk McCarthy announced correspondence
was received from Ken Allen in opposition to the
approval of this item; additionally, correspondence
was received from West Coast Investments
requesting this item be continued to the November
29, 2006 Council meeting.
Staff comments by Development Services Director
Grady.
Hearing opened at 7:28 p.m.
No one spoke.
Motion by Councilmember Sullivan to continue the
issue to the November 29, 2006 Council meeting.
APPROVED
13.
REPORTS
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a.
Presentation regarding Mill Creek Linear Park Vision
Plan.
NO REPORTABLE
ACTION
EDCD Director Kunz gave a computer presentation,
furnished handouts and introduced John Miller, Mill
Creek Project Manager, who gave an overview of
the project and Richard Meyer, Meyer Civil
Engineering, who was available to answer technical
questions.
b. Report regarding possible purchase of the Borton,
Petrini and Conron Building.
Motion by Councilmember Benham to move forward to
formalize the purchase Agreement and present it to
Council before the end of the year.
APPROVED
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14.
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Bakersfield, California, November 15, 2006 - Page 19
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Councilmember Benham requested staff respond to an
issue regard gutters at 2200 A Street.
Councilmember Benham requested the Legislation and
Litigation Committee address a proposed ordinance
change that would exempt certain categories of
veterans from parking restrictions.
Councilmember Scrivner thanked staff for responding to his
referrals.
Councilmember Scrivner requested the Legislation and
Litigation Committee address the issue of increasing
fines for parking semi-trucks in residential
neighborhoods.
Councilmember Carson thanked staff for responding to her
referrals.
Councilmember Carson requested staff provide
information regarding the feasibility of paving the alley
at 245 'H' Street and removing fence at this location.
Councilmember Carson thanked the voters for her
re-election.
Councilmember Sullivan requested the Community
Services Committee address concerns regarding
graffiti and planning issues.
Councilmember Sullivan requested staff repair the
canal fence behind Castle school.
Councilmember Sullivan requested staff provide
information regarding the time frame for resurfacing of
Edmonton St.
Councilmember Sullivan requested staff increase
enforcement against illegal flower street vendors.
Councilmember Sullivan requested staff provide
additional trash receptacles for next year's Veterans
Day Parade.
Councilmember Sullivan requested staff provide a
status update to the Community Services Committee
regarding Christmas decorations.
122
Bakersfield, California, November 15, 2006 - Page 20
14.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan requested information be
provided at the next Community Services Committee
meeting regarding landscaping policy requirements on
surrounding walls at new developments; additionally
report on the feasibility of planting shrubs along the
wall on the north side of Panama Ln.
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Council member Hanson requested information regarding
the cost of the Mill Creek Project. City Manager Tandy
responded.
Council member Hanson made comments regarding the
proposed Federal Courthouse.
Council member Hanson requested staff contact him
regarding a traffic signal at Buena Vista and Panama Lane.
Councilmember Hanson made comments regarding the
cost of the Fairfax Rd. and Hwy. 178 interchange.
Councilmember Hanson extended congratulations to SMG
and the City on improvement of the financial status of
Rabobank Arena.
Councilmember Couch congratulated Councilmembers who
were re-elected and to Councilmember-elect representing
Ward 3, Ken Weir.
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Councilmember Couch requested staff repair potholes
on Camino Media east of Old River.
Council member Couch requested staff provide an update
regarding Shatter's response regarding the projected
source of water supplies. City Manager Tandy responded.
Councilmember Couch requested staff provide
information on the City Ordinance as it relates to home
occupancy permits and federal firearms licenses and
provided contact information.
Councilmember Couch requested the City Clerk
provided a copy of his ethics training certification to
LAFco and KERNcog.
Councilmember Couch requested staff review and submit
possible nominees for the KERNcog Regional Awards
Program and provided forms.
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Vice-Mayor Maggard made comments regarding Teen
Government Day.
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Bakersfield, California, November 15, 2006 - Page 21
14.
COUNCIL AND MAYOR STATEMENTS continued
Vice-Mayor Maggard requested information regarding
replacement of the bikepath gate at Paladino and Morning
Dr. Public Works Director Rojas responded.
Vice-Mayor Maggard requested staff address the issue
of semi-trucks parking near Walmart in northeast
Bakersfield.
Vice-Mayor Maggard made comments regarding the
election.
Mayor Hall invited the community to attend the Sikh parade
on Sunday.
Motion by Vice-Mayor Maggard to adjourn the meeting
back to Closed Session at 9:20 p.m.
9.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 9:56 p.m.
CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
15.
Vice-Mayor Maggard announced that the Council
unanimously voted to direct staff to return to City
Council with an amendment to the City Attorney's
contract to provide for car and salary adjustments
identified in the most recent MOU approved for City's
Management Group effective December 2005 and
December 2006; staff was also directed to add an
administrative assistant to the City Attorney's staff
compliment effective January 1, 2007.
ADJOURNMENT
Vice-Mayor Maggard adjourned the meeting at 9:58
p.m. in memory of Lueether
ATTEST:
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CITY CLERK and Ex Officio CI k of
the Council of the City of Bakersfie
"
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ACTION TAKEN
APPROVED
APPROVED
124
Bakersfield, California, November 15, 2006 - Page 22
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