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HomeMy WebLinkAbout11/15/06 CC MINUTES 1 n ,'\ ~ ~ l 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 l 104 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 10:) 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. l 10 IS 3. 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 j 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 r. 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 j 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 t. Agreement with Ft. Dearborn Life Insurance Company for employee life insurance. AGR 06-337 u. 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 j l .. 108 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. j 1 '! 0 .L 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 j 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. J 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. j l l l Bakersfield, California, November 15, 2006 - Page 9 111 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 ~ 112 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 J 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. J 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. J FR l l l '100" Bakersfield, California, November 15, 2006 - Page 11 113 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. J 114 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. J 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. j 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. j 11~ Bakersfield, California, November 15, 2006 - Page 13 4. CONSENT CALENDAR HEARINGS continued l 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 L Motion by Vice-Mayor Maggard to adjourn from Closed Session at 5:42 p.m. APPROVED L 116 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 J 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. J 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 j -.J Bakersfield, California, November 15, 2006 - Page 15 117 9. CLOSED SESSION ACTION continued l 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. l 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. l ... 118 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. j 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. j 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 j ~ 12. l l l L 119 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 11-29-06 120 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. j 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 J 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 J 14. l l l 121 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. J 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. j 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. J Vice-Mayor Maggard made comments regarding Teen Government Day. .~ l l l 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: ~ CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfie " 123 ACTION TAKEN APPROVED APPROVED 124 Bakersfield, California, November 15, 2006 - Page 22 *****THIS PAGE INTENTIONALLY LEFT BLANK***** j J J