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Home My WebLink About08/29/07 CC MINUTES l 3 81 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 29, 2007 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, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan (seated at 5:25 p.m.), Scrivner Absent: None 2. PUBLIC STATEMENTS None. 3. APPOINTMENTS l 4. l None. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 15, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from August 3, 2007 to August 16, 2007 in the amount of $11,190,339.14 and self-insurance payments from August 3, 2007 to August 16, 2007 in the amount of $175,965.31. ASS WEIR Ordinances: c. First Reading of Ordinance amending Title 17 of the Municipal Code (Zone Map No. 122-22) by changing the zoning from R-3/PUD (Multiple Family Dwelling/Planned Unit Development) to R-1 (One Family Dwelling) on 42.40 acres for purposes of single family residential development located at the southeast corner of Pensi nger Road and Stetson Way in McAllister Ranch (ZC 07-0999) (SunCal Companies representing LBREP/L- SunCal McAllister Ranch LLC) FR 3 B2 Bakersfield, California, August 29, 2007 - Page 2 4. CONSENT CALENDAR continued ACTION TAKEN d. Adoption of Ordinance Revisions J 1. Ordinance amending Section 5.16.030 ORD 4449 relating to card rooms. 2. Ordinance amending Section ORD 4450 5.23.030 relating to escorts and escort bureaus. 3. Ordinance amending Section 12.16.140 ORD 4451 relating to construction work in streets. 4. Ordinance amending Section 12.56.050 ORD 4452 relating to parks. 5. Ordinance repealing Chapter 2.52 relating to ORD 4453 the Bakersfield Convention Center. 6. Ordinance repealing Chapter 9.32 relating to ORD 4454 advertising matter and samples. 7. Ordinance repealing Chapter 12.24 relating ORD 4455 to loose material. e. Adoption of Ordinance approving a Negative ORD 4456 Declaration and amending Title 17 (Zone Map J No. 124-08) by changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa Lorna Drive. (ZC 06-1909) f. Adoption of Ordinance approving the Development ORD 4457 Agreement for West Ming Project on 2,182 acres AGR 07-310 located on property bounded by Ming Avenue, Southern Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway. (GPA/AC/SP No. 03-1544) (Castle & Cooke, Inc.) Resolutions: g. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 525 consisting of 32.54 RES 165-07 acres located at the southeast corner of Taft Highway and Ashe Road. 2. Annexation No. 576 consisting of 26.11 RES 166-07 J acres located at the southwest corner of Taft Highway and Ashe Road. l~ i l l 3 83 Bakersfield, California, August 29, 2007 - Page 3 4. CONSENT CALENDAR continued Resolution approving Form and Substance of Acquisition & Disclosure Agreement and authorizing changes to and execution of, for Assessment District No. 07-1 (Vista View Estates). i. Resolutions adding the following territories 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. h. 1. Area 1-70 (Calloway, Brimhall SE) Area 1-72 (ih Standard, Jewetta SE) 2. 3. Area 3-72 (Gosford, McKee SW) j. Resolution of Intention No. 1516 to add territory, Area 3-67 (McCutchen, Old River NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. k. Resolution of Intention No. 1524 to add territory, Area 1-73 (Rosedale, Froehlich SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1550 to add territory, Area 4-79 (Panorama, Juniper Ridge E) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1551 to add territory, Area 4-80 (Bernard, Oswell NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. I. m. ACTION TAKEN RES 167-07 AGR 07-311 RES 168-07 RES 169-07 RES 170-07 RO/1516 RO/1524 RO/1550 RO/1551 384 Bakersfield, California, August 29, 2007 - Page 4 4. CONSENT CALENDAR continued ACTION TAKEN Agreements: j n. Agreement with PCl Industrial Services, Inc. AGR 07-312 ($72,000 annually) to lease land at the Bakersfield Municipal Airport to expand their operations. Agreement with Standard Pacific Corp. ($133,000) AGR 07-313 o. DEED 6748 to purchase real property located west of Old River DEED 6749 Road and north of Panama lane for a water well site. p. Agreement with Greater Bakersfield Convention and AGR 07-314 Visitors Bureau. q. Agreement with Northcutt & Associates ($78,500) to AGR 07-315 prepare the update of the Housing Element of the Metropolitan Bakersfield General Plan. (GPA No. 07-1519). r. Agreement with Pacific Municipal Consultants AGR 07-316 (PMC) ($698,974) to prepare the update to the Metropolitan Bakersfield General Plan. s. Amendment NO.1 to Agreement No. 06-325 with AGR 06-325(1) j United Pacific Services ($200,000; revised not to exceed $450,000 and extending term one (1) year) for tree trimming for the Recreation and Parks Department. t. Amendment NO.1 to Agreement No. 07-037 with AGR 07-037(1) KSA Partners (not to exceed $850,000) for HOME Investment Partnership funds to develop 72 affordable family apartments at 1601 lotus lane. u. Amendment No. 1 to Agreement No. 06-324 with AGR 06-324(1) RM Industries ($80,000; revised not to exceed $160,000 and extending term one (1) year) for janitorial and hardscape maintenance for the Amtrak Station. v. Amendment NO.2 to Agreement No. 06-053 with AGR 06-053(2) Parsons Transportation Group, Inc. ($2,981,767) for construction management services of the freeway interchange construction on State Route 178 at Fairfax Road. Contract Change Order Nos. 4, 5, 6, 7 & 8 to CC006-303(4) w. CC006-303(5) Agreement No. 06-303 with Griffith Company CC006-303(6) J ($122,785.32 increase; revised not to exceed CC006-303(7) $7,916,336.27) for Brundage lane Sewer CC006-303(8) Replacement. l l' " l Bakersfield, California, August 29, 2007 - Page 5 3 85 4. CONSENT CALENDAR continued Bids: x. Accept bid and award contract to Floyd Johnston Construction Company, Inc. ($1,361,050) to construct Northeast Truck Sewer-Phase 2 Redbank Road Extension located along Redbank Road from Oswell to approximately 1,400 feet west of Fairfax Road. y. Accept bid from Bakersfield Truck Center ($95,087.12) for one additional three axle dump truck for Street Maintenance Division. z. Accept bid from Gibbs International, Inc. ($115,514.60) for one (1) additional knuckle boom trash loader truck for Water Resources Department. aa. Accept bid from Gibbs International, Inc. ($78,615.52) for one (1) replacement two-axle 7 cubic yard dump truck for Water Resources Department. bb. Accept bid from Bakersfield Truck Center ($142,207.41 for one (1) additional four-axle roll-off bin refuse truck for Solid Waste Division. cc. Accept bid from Gibbs International, Inc. ($436,316.30) for three (3) replacement self- contained patch trucks for Street Maintenance Division. dd. Accept bid from Bakersfield Truck Center ($119,029.61) for one (1) replacement three-axle dump truck with demolition body for Recreation and Parks Department. Miscellaneous: ee. Amendment to the FY05/06 Action Plan to add a $3,750,000 Section 108 loan and a $750,000 Brownfield Economic Development grant for the acquisition of real property, economic development, job creation and relocation activities for the Mill Creek South mixed-use project. Quitclaim Deed to David R. Wilson, Trustee of the Wilson Revocable Trust and Wilson/Brimhall, LLC for Drainage and Flowage Easement in Parcels 1 and 6 of Parcel Map No. 11476 located at the northwest corner of Calloway Drive and Brimhall Road for incorporation into their development. ff. ACTION TAKEN AGR 07-317 ASS COUCH DEED 6750 DEED 6751 386 Bakersfield, California, August 29, 2007 - Page 6 ACTION TAKEN 4. CONSENT CALENDAR continued gg. Grant of Easement to California Water Service for a pipeline to 825 E. White Lane. City Clerk McCarthy announced correction to item 4.a. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.b. Councilmember Couch announced he would abstain from item 4.ee. due to a client owning property within 300 feet. Motion by Vice-Mayor Hanson to approve Consent Calendar items 4.a. through item 4.gg. with correction to item 4.a. 5. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution approving the issuance of bonds by the California Statewide Communities Development Authority to benefit Bakersfield Pacific Associates for the acquisition and construction of an 80 unit multi-family housing project located at 1629 Lotus Lane. b. General Plan Amendment No. 07-0021; Cottonwood Villas, LLC, representing Cottonwood Land Holdings, LLC (property owner) has applied for a general plan amendment on approximately 40.26 acres located on the north side of E. White Lane and the west side of Washington Street, south of E. Planz Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 40.26 acres. DEED 6752 j APPROVED RES 171-07 j RES 172-07 J l l l 5. Bakersfield, California, August 29, 2007 - Page 7 387 CONSENT CALENDAR HEARINGS continued c. General Plan Amendment/Zone Change No. 06- 2246; San Joaquin Engineering, Inc., representing Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry and Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, The Afana Family Trust, Marilyn G. Afana, and Jerrilyn S. Frazee (property owners) has applied for a general plan amendment and zone change on approximately 12.1 acres located adjacent to Rivani Drive, generally east of Morning Drive and north of State Route 178. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 12.1 acres. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and Zone Map No. 102- 06 from R-1 (One Family Dwelling) to R- 3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres. 2. d. General Plan Amendment/Zone Change No. 06- 0494; Mcintosh & Associates, representing Douglas De Berti and Sandye Deberti (property owners) has applied for a general plan amendment and zone change on 60 acres located on the east side of Edison Road (future), Y2 mile north of Breckenridge Road. 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code (Zone Map No. 104-28) from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. ACTION TAKEN RES 173-07 FR CONTINUED TO NEXT GPA CYCLE 38 B 5. Bakersfield, California, August 29, 2007 - Page 8 CONSENT CALENDAR HEARINGS continued e. Public Hearing to consider Resolution ordering the vacation of a 25-foot wide sewer pipeline easement at the northeast corner of Stockdale Highway and Buena Vista Road. Public Hearing to consider Resolution ordering the vacation of a 15-foot wide public utility easement located north of Stockdale Highway and east of Buena Vista Road. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of right-of-way property situated at the southwest corner of Mohawk Street and Rosedale Highway for the Westside Parkway project. (Code Civ. Proc. 9 1240.010) f. g. h. General Plan Amendment/Zone Change No. 07- 0514; Jim Clawson, Jr. (property owner) has applied for a general plan amendment and zone change on 1.55 acres located along the south side of T~ft Highway, generally west of Mountain Ridge Road (future alignment), between Ashe Road and Stine Road 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land used designation from RR (Rural Residential) to GC (General Commercial) on 1.55 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 142-03 from RS-20A (Residential Suburban-20 acres minimum) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Combining) on 1.55 acres. ACTION TAKEN RES 176-07 J RES 177-06 RES 178-07 RES 179-08 J FR J l l l Bakersfield, California, August 29, 2007 - Page 9 389 5. CONSENT CALENDAR HEARINGS continued i. General Plan Amendment/Zone Change No. 06- 1689; Jim Marino, Marino & Associates, representing KC Land Investor V, LLC (property owner), has applied for a general plan amendment and zone change on 40 acres located at the northwest corner of Engle Road and Wible Road. Jim Marino has appealed the Planning Commission decision. 1. Resolution approving 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 49.52 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and Zone Map No. 124-20 from A (Agriculture) to R-1 (One Family Dwelling) on 49.52 acres. City Clerk McCarthy announced correspondence was received from staff replacing language in exhibits A and C regarding transportation facility fees on items 5.b., 5.c. and 5.h.; correspondence was received from staff adding a new condition to item 5.h. and from Jim Lamberson in opposition to the approval of item 5.d. Hearings opened at 5:20 p.m. No one spoke. Hearings closed at 5:20 p.m. Motion by Vice-Mayor Hanson to approve staff recommendations for Consent Calendar Hearing items 5.a. through 5.i with proposed language changes to exhibits A and C on items 5.b., S.c. and 5.h. and new condition added to item 5.h. ACTION TAKEN REFERRED TO STAFF APPROVED AS SULLIVAN 39() 6. CLOSED SESSION Bakersfield, California, August 29, 2007 - Page 10 ACTION TAKEN b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Heinemann GPA issue) Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: J a. 1. City v City of Shatter, et al- KCSC Case No. S-1500-CV-260277-RJO 2. City v North Kern Water Storage Dist, et al- KCSC Case No. S-1500-CV-260360- AEW. 3. City v Oildale Mutual Water Company, KCSC Case No. S-1500-CV-260384-LPE Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:22 p.m. APPROVED Motion by Councilmember Scrivner to adjourn from Closed Session at 6:52 p.m. APPROVED RECONVENED MEETING - 7:03 p.m. j 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 8. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church. 9. PLEDGE OF ALLEGIANCE by Zowe Martin & Gennevieve Rodriquez, 4th Grade Students at Castle Elementary School. Mayor Hall acknowledged students from Ridgeview High School Government and ELD classes in attendance at the meeting. J l L l Bakersfield, California, August 29, 2007 - Page 11 3 91 10. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Heinemann GPA issue) b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v City of Shatter, et al - KCSC Case No. S-1500-CV -260277 - RJO City v North Kern Water Storage Dist, et al- KCSC Case No. S-1500-CV-260360- AEW. 2. 3. City v Oildale Mutual Water Company, KCSC Case No. S-1500-CV-260384-LPE 11. PRESENTATIONS a. Presentation by Mayor Hall of Certificates to Kern River Volleyball Club's 13 & Under Elite Team Champions. Coach Harris made comments. b. Presentation by Mayor Hall of Proclamation to Gregory D. Bynum proclaiming September 6, 2007, as Gregory D. Bynum Day. Mr. Bynum accepted the Proclamation and made comments. 12. PUBLIC STATEMENTS a. Jayme Seeger and James Carden spoke regarding immigration. 13. REPORTS None. ACTION TAKEN NO REPORTASLE ACTION STAFF GIVEN DIRECTION STAFF GIVEN DIRECTION STAFF GIVEN DIRECTION 392 Bakersfield, California, August 29, 2007 - Page 12 ACTION TAKEN 14. HEARINGS a. Public Hearing to consider Resolution denying the appeal by Jason's Retreat (applicant) and J. McFadden Rentals (property owner) of the Board of Zoning Adjustment decision denying Modification No. 07-1040 to reduce the required off-street parking for a 26 person residential facility with two employees from 22 spaces to 2 spaces in a C-1 (Neighborhood Commercial) zone located at 2000 Baker Street. j City Clerk McCarthy announced correspondence was received from the appellant requesting the issue be returned to the Board of Zoning Adjustment. Staff comments by Development Service Director Grady. Hearing opened at 7:28 p.m. Lisa McFadden, applicant, introduced herself. Hearing closed at 7:29 p.m. j Motion by Councilmember Benham to return the issue to the Board of Zoning Adjustment for resolution. APPROVED b. Public Hearing to consider Resolution denying the appeal by Marcario Hernandez (applicant) and upholding the Board of Zoning Adjustment decision denying Conditional Use Permit No. 07-1044 to permit the operation of a landscaping business, including outdoor storage of up to 6 vehicles, trailers, equipment $ landscape materials, on a 2.5 acre single family residential lot in an R-S (Residential Suburban) and R-1 10K (One Family Dwelling-10,000 sq. ft. minimum lot size) zone at 3649 Hosking Avenue. RES 180-07 City Clerk McCarthy announced correspondence was received from various property owners within the noticed area in support of the staff recommendation to deny the Conditional Use Permit. Staff comments by Development Services Director Grady. J Hearing opened at 7:31 p.m. l l l 14. 393 Bakersfield, California, August 29, 2007 - Page 13 HEARINGS continued Item 14.b. continued Maria Hernandez spoke in opposition to the staff recommendation. Dirk Obenshain spoke in favor of the staff recommendation. Hearing closed at 7:36 p.m. Motion by Councilmember Scrivner to uphold the Board of Zoning Adjustment decision denying the Conditional Use Permit. Councilmember Benham requested Code Enforcement assure neighboring properties comply with code. c. Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport; Jim Marino, Marino/Associates, representing Santa Barbara Capital (property owner), has applied for an amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport, changing a portion of Zone B-2 to Zone C. Jim Marino has appealed the Planning Commission decision. 1. Resolution approving the Negative Declaration, the appeal and amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport. City Clerk McCarthy announced correspondence was received from Ted James, Kern County Planning, regarding this item. Hearing opened at 7:50 p.m. No one spoke in opposition to the staff recommendation. Ricia Hager, Chevalier, Allen & Lichman, spoke in favor of the staff recommendation and gave a computer presentation. Additionally Walter Gilfone, Walter E. Gilfone & Associates, spoke in favor of the staff recommendation. Motion by Councilmember Carson to approve the amendment and adopt the Resolution. ACTION TAKEN APPROVED ASS SULLIVAN RES 181-07 APPROVED 394 Bakersfield, California, August 29, 2007 - Page 14 14. HEARINGS continued d. General Plan Amendment/Zone Change No. 06- 2275; Jim Marino, Marino/Associates, representing the Garone Family Trust (property owner) has applied for a general plan amendment and zone change on 49.52 acres located at the northwest corner of E. Panama Lane and Cottonwood Road. Jim Marino has appealed the Planning Commission decision. 1. Resolution approving 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 49.52 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 124-20) from A (Agriculture) to R-1 (One Family Dwelling) on 49.52. City Clerk McCarthy announced correspondence was received regarding the item; additionally, correspondence was received from staff replacing language in exhibits A and C regarding the transportation facility fee. Development Services Director Grady made staff comments. Hearing opened at 8:05 p.m. Andrea Selvidge, Young,Woolridge on behalf of the Nelson Family, John Lewis, Farmer John Eggs and Ken Nelson, Jr. spoke in opposition to the staff recommendation. Jim Marino, on behalf of the property owners and Jess Fredrick, WZI spoke in favor of the staff recommendation. Hearing closed at 8:27 p.m. Motion by Councilmember Carson to adopt the Resolution, uphold the appeal and give first reading to the Ordinance. Recess taken from 8:34 p.m. to 8:44 p.m. ACTION TAKEN j RES 182-07 FR j: . r APPROVED J l l l': ~...... . 14. Bakersfield, California, August 29, 2007 - Page 15 395 HEARINGS continued e. General Plan Amendment/Zone Change No. 06- 2254; Steven Boneso (property owner), represented by Mcintosh & Associates, has applied for a general plan amendment and zone change on approximately 20 acres generally located 600 feet north of Paladino Drive and is divided by the future alignment of Rivani Drive. Roger Mcintosh, Mcintosh & Associates has appealed the Planning Commission decision. 1. Resolution denying the appeal and the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 20 acres. Resolution denying the appeal and zone change from R-1 (Single Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on approximately 20 acres. 2. Development Services Director Grady made staff comments. Hearing opened at 8:48 p.m. Darcy Larman, Mcintosh & Associates, spoke in opposition to the staff recommendation. Barbara Camps and Lyn Espericueta spoke in favor of the staff recommendation. Darcy Larman, Mcintosh & Associates, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 9:01 p.m. Motion by Councilmember Weir to adopt the Resolution upholding the appeal with R-2 PUD zoning and other conditions noted by Development Services Director Grady and approved by the applicant. ACTION TAKEN RES 183-07 RES 184-07 APPROVED 396 Bakersfield, California, August 29, 2007 - Page 16 14. HEARINGS continued f. General Plan Amendment/Zone Change No. 05- 1580; Jim Manley, representing 10 Section LLC (property owner) has applied for a general plan amendment and zone change on 200 acres located on the south of Panama Lane and east of Nord Avenue. Jim Manley has appealed the Planning Commission decision. 1. Resolution denying the appeal and general plan amendment changing the land use designation from R-MP (Resource-Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on 220 acres. 2. Resolution denying the appeal and zone change from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220 acres. Development Services Director Grady made staff comments. Hearing opened at 9:15 p.m. Jim Manley, applicant spoke in opposition to the staff recommendation. John Parker, Kern Water Bank Authority, Julie Vance, Department of Fish and Game, Gordon Nipp, Sierra Club, (provided written materia!), Bea Flores and David Campbell spoke in favor of the staff recommendation. Jim Manley spoke in opposition rebuttal of the staff recommendation. Gordon Nipp, on behalf of the Sierra Club, spoke in support rebuttal of the staff recommendation. Hearing closed at 9:42 p.m. Motion by Vice-Mayor Hanson to continue the project to the next GPA cycle. Councilmember Couch requested staff provide guidance regarding issues the applicant should address prior to returning to Council. ACTION TAKEN CONTINUED TO NEXT GPA CYCLE J J, .<" APPROVED J l L 15. 16. l 3 97 NEW BUSINESS Bakersfield, California, August 29, 2007 - Page 17 ACTION TAKEN None. MAYOR AND COUNCIL STATEMENTS Councilmember Carson requested information regarding the saturation of group homes and requested information about an Ordinance limiting the number of group homes in a residential area. Councilmember Carson requested information regarding construction in the area of N. Stine, McDonald and Joseph. Public Works Director Rojas responded. Councilmember Carson requested information regarding lack of landscaping along the housing development wall on Hwy. 58 between Sterling and Oswell. Public Works Director Rojas responded. Councilmember Carson requested staff address over- watering/drainage issues at 519 Haley near Houser and provide a response. Councilmember Benham requested staff respond to correspondence from a resident of Chico St. and provided contact information. Councilmember Benham requested staff respond to a citizen's concern regarding problems at C&J Recycling Center at Young's Market on Brundage. Councilmember Sullivan requested staff repair the streetlight at Shelby Loop and Rockcastle. Vice-Mayor Hanson thanked police officers at the meeting. Vice-Mayor Hanson requested the Legislation and Litigation Committee review a loop-hole in the Ordinance regarding 72 hour parking. Vice-Mayor Hanson requested staff review the need for a signal light at Old River and Campus Park Dr. Mayor Hall noted that in May City Manager Tandy became the longest serving City Manger in the City's history and last week marked Mr. Tandy's 15th anniversary with the City; additionally Police Chief Rector has completed 25 years service with the City. "398 f}s5t. Bakersfield, California, August 29, 2007 - Page 18 ACTION TAKEN 17. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 10:23 p.m. ATTEST: Ud; CITY CLERK and Ex the Council of the City 0 S:\CounciI\MINUTES\2007\August 29.doc J J J