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HomeMy WebLinkAbout11/19/08 CC MINUTES781 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 19, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councllmembers Carson, Benham, Weir, Couch; Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENT Kenneth Cannon spoke regarding the motto for Bakersfield, urged the City Council to change the motto from "Bakersfield, Life As It Should Be" to Bakersfield, A Great Place to Live", submitted a copy of his written statement, and provided bumper stickers. 3. APPOINTMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 5, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from October 24, 2008 to November 6, 2008 in the amount of $11,218,033.32 and self-insurance payments from October 24, 2b08 to November 6, 2008 in the amount of $194,018.72. ACTION TAKEN ABS WEIR 782 Bakersfield, California, November 19, 2008 -Page 2 4. CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Section FR 17.06.020 (Zone Map No. 103-19) of the Municipal Code by changing the zoning from PCD (Planned Commercial Development) to revised PCD on 3.87 acres located at the westerly terminus of West Jeffrey Street; west of Union Avenue (ZC #08-0595 - Hughes Surveying representing Sigford Investment, LLC). d. First Reading of Ordinance amending Section FR 17.06.020 (Zone Map 143-06) of the Municipal Code by changing the zoning from A (Agriculture) zone to C-2 (Regional Commercial) zone on 4.5 acres and from A (Agriculture) to R-1 (One Family Dwelling) zone on 20.14 acres located at the southwest corner of Taft Highway and Chevalier Road (ZC #08-0491 -Moreland Consulting Inc. representing Mid Town Development). e. Adoption of Ordinance approving a Negative ORD 4546 Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 8.41 acres located on the north side of Mall View Road, south of Highway 178, approximately 1/4-mile west of Oswell Street. (ZC #08-0472 - KSA Group Architects representing Gardens at East Hills, LLC) (FR 11/05/08) f. Adoption of Ordinance amending Municipal Code ORD 4547 Section 1.12.010 by adding Annexation No. 581 consisting of 77.72 acres, located on the east side of Fairfax Road, south of Redbank Road to Ward 1. (FR 11/05/08) g. Amendment No. 4 to Agreement No. 97-39 with Public Employees' Retirement System (PERS): Adoption of Ordinance authorizing an ORQ 4548 amendment to the Contract of Administration of the Public Employees' Retirement System to provide Section 21354.5 (2.7% ~ 55 full formula) and Section 20037 (three year final compensation) for the local miscellaneous members. (FR 10/22/08) ~? 8 ~ Bakersfield, California, November 19, 2008 -Page 3 4. CONSENT CALENDAR continued 2. Agreement with the Public Employees' Retirement System to provide Section 21354.5 (2.7% C«~ 55 full formula) and Section 20037 (three year final compensation). Resolutions: Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City of which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. ACTION TAKEN AGR 97-39(4) RES 189-08 Resolution approving application proposing RES i9o-o8 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 610 consisting of 186.70 acres, located at the southwest corner of Old River Road and Taft Highway. j. Resolution ordering the summary vacation of a RES 191-08 public road easement dedication, two storm drain easements and a sewer easement south of Brimhatl Road and approximately 701.50 feet west of Coffee Road. Master Agreement with the State of California, Department of Transportation (Caltrans) for State Funded Projects: Resolution authorizing the Public Works RES 192-OS Director or designee to execute Program Supplemental Agreements and any amendments to those particular agreements with Caltrans in order to receive state funding for transportation projects. 2. Agreement with Caltrans (Master Agreement qGR 08-199 No. 00210S). Hazardous Materials Emergency Preparedness (HMEP) Grant: Resolution approving the application for the RES 193-08 HMEP Grant. 2. Appropriate $28,116.00 to Fire Department Operating Budget in the General Fund. 7 $ 4 ' ~- Bakersfield, California, November 19, 2008 -Page 4 4. CONSENT CALENDAR continued Item 4.1. continued ACTION TAKEN 3. Amendment No. 1 to Agreement No. AGR os-200 FD08- 018 with Robert Olson (not to exceed $66,805.00) for the completion of Emergency Operating Plan and requisite training. m. Local Emergency Planning Commission (LEPC) Hazardous Materials Emergency Preparedness (HMEP) State Grant: Resolution approving the application for the RES 194-08 LEPC Grant. 2. Appropriate $25,000.00 to the Fire Department Operating Budget in the General Fund. n. Resolution of Intention No. 1627 to add territory, ROI 1627 Area 4-89 to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. o. Resolution of Intention (ROI) forming Traffic Signal Maintenance Districts and preliminarily adopting, confirming and approving the Public Works Director's Report: 1. Resolution of Intention No. 1626 to form area 8011626 TS-18 (NW corner of S. "H" Street and Berkshire Rd). 2. Resolution of Intention No. 1628 to form area ROI 1628 TS-15 (420 34th Street). Agreements: p. Final Map and Improvement Agreements with qGR 08-201 Community Action Partnership of Kern for parcel AGR 08-202 map 11782 located south of East Brundage Lane and west of South Washington Street. q. License Agreement with CompuCom Systems, Inc. qGR 04-241(4) ($230,259.41) to provide microsoft licenses for 1,029 computers. r. Sump Easement and Common Use Agreement with AGR os-204 the City, Kern Delta Water District, the Davis Family Trust and Panama and Gosford Retail, LLC. Bakersfield, California, November 19, 2008 -Page 5 4. CONSENT CALENDA~f continued ACTION TAKEN s. Utility Agreement with Southern California Gas Co. AGR 08 205 ($130,906.00) for the relocation of a high pressure gas pipeline across the Friant Kern Canal. (TRIP). t. Settlement Agreement with JP/CP, Inc. AGR 08 206 ($615,000.00) to purchase real property for the DEED 6994 Westside ParfCway Project located west of Coffee DEED 6995 Road, south of Brimhall Road and north of the Kern River. u. Settlement Agreement with Chevron, USA for AGR 08-207 relocation of facilities near Mohawk Street as part of the Westside parkway Project. v. Amendment Nn. 1 to Agreement No. 07-082 with qGR 07-082(1) AECOM US/~; INC (formerly DMJM Harris, Inc.) ($4,712,207.00) for Engineering Design Services for the Westside parkway Project. w. Amendment Nb. 2 to Agreement No. 03-310 for AGR 03-310(2) employment of Virginia Gennaro as City Attorney. x. Amendment Nb. 3 to Agreement No. 06-391 with AGR 06-391(3) Bradco Industrial Corporation ($100,000.00; not to exceed $1,05,000.00) and extending term for one (1) year for wood grinding and screening for Solid Waste Divisiart. y. Wastewater Treatment Plant #3 - 2007 Expansion Project: 1. Contraiet Change Order No. 3 to Agreement qGR o7-302 No. 0~-302 with Kiewit Pacific Corporation CCO 3 ($393;003; total not to exceed $211,319,020.00) 2. Transfer $393,003.00 contingency established for the Wastewater Treatment Plant No. 3 Expansion Project to the Public Works Department's Capital Improvement Budget. Bids: z. Accept bid arytl award contract to Precision Fertilizer qGR 08 208 Spreading (not to exceed $110,250.00) for the annual service -Hauling and Spreading Biosolids. 785 lab Bakersfield, California, November 19, 2008 -Page 6 4. CONSENT CALENDAR continued ACTJON TAKEN aa. Accept bid and award contract to Whitaker qGR 08 209 Contractors, Inc. ($763,727.00) for the construction of the Mill Creek Linear Park Phase 2 canal facilities. bb. Accept bid and award contract to Kern Pacific AGR OS 210 Construction Co. ($1,343,700.50) for the construction of the Mill Creek Linear Park Phase 4 canal facilities. cc. Accept bid and award contract to Granite Construction Co. ($856,856.00) for the construction qGR 08 21 i of the Mill Creek Linear Park Phase 5A canal facilities. dd. Accept bid and award contract to Granite qGR 08-212 Construction Co. ($777,777.00) for the construction AB$ COUCH of the Mill Creek Linear Park Phase 5B canal facilities. ee. Accept bid and award contract to Loop Electric. AGR o8-213 ($314,475.00) for street light conduit/wire installation on 17th, 18th and 19th Streets from "L" Street to Union Avenue. ff. Westside Parkway Phase 1 -Mohawk Street Extension Project (TRIP): 1. Accept low base bid and award contract to AGR 08-214 Security Paving Company, Inc. ($27,728,219.81) to construct the Westside Parkway Phase I. 2. Appropriate $600,000.00 Sewer Enterprise fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Budget for construction of the sewer line portion of this project. 3. Appropriate $1,435,000.00 Domestic Water Fund balance to the Water Department's Capital Improvement Budget for the water line portion of the project. gg. Accept bid and award contract to Rock Bottom, Inc. AGR o8-215 ($619,874.00) for the Irrigation Improvements at Aera Park project. Bakersfield, California, November 19, 2008 -Page 7 4. CONSENT CALENDAR continued hh. Accept bid and award contract to Michels Corporation 01,902,718.00) to construct base bid portion of the sewer rehabilitation Gosford Road- McCutchen Road to District Boulevard Project. Accept bid and award contract to Woeste Electric, Inc. ($84,193:26) for the traffic signal and lighting system installation project at Hosking Avenue and Monitor Street: Miscellaneous: Appropriate $81,430.00 Federal Grant Revenues (Edward Byrne Memorial Justice Assistance Grant from the U.S. bepartment of Justice) to the General Fund Police Operating Budget to help fund Police Activities League crime prevention and education programs. kk. Appropriate $32,239.68 Federal Grant Revenues (FY2009 Sobriety Checkpoint Mini-Grant Award from the State Office of Traffic Safety) to the General Fund Police Operating Budget, to fund overtime DUI checkpoints in the Traffic Division. II. Appropriate $4,804,995 Proposition 1 B, State Transportation Grant Revenue: 1. Appropriate $2,500,000 Proposition 1 B funds to the public Works Department's Capital Improvement Budget within the Gas Tax Fund for the street improvements, White Lane #i•om Dovewood Street to Wible Road Project: 2. Appropriate $2,304,995 Proposition 1 B funds to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund for the street improvements, Stockdale Highway from Country Club Entrance to Ashe road and from California Highway to Weatherly Drive Project. City Clerk McCarthy announced correspondence was received from the Lavin Offices of James W. Maddox, representing Americah Landscape, Inc., regarding item 4.gg. ACTION TAKEN AGR 08 216 AGR 08-217 787 788 4. 5. Bakersfield, California, November 19, 2008 -Page 8 CONSENT CALENDAR continued Councilmember Weir announced he would abstain due to conflict of interest, source of income on item 4.b. Councilmember Couch announced he would abstain due to conflict of interest, potential source of income to himself and his employer on item 4.dd. Motion by Vice-Mayor Hanson to approve Consent Calendar ifems 4.a. through 4.11. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of San Dimas Street south of 34th Street to the alley (Parcel B) and an area measuring 214 square feet south of the alley (Parcel A) and the alley south of 34th Street and east of San Dimas Street (Parcel C). b. Public Hearing to consider Resolution ordering the vacation of 17th Street between "R" Street and "S" Street for the development of the Mill Creek Linear Park Phase 5A. c. Public Hearing to consider Resolution amending the City's Non-disposal Facility Element of the Countywide Integrated Waste Management Plan by updating facility information. d. General Plan Amendment/Zone Change 07-1806; Scott Underhill and Mark Smith, representing Ashe Road, LLC, the property owners, have applied for a general plan amendment and zone change on 18.53 acres located at the southwest corner of Taft Highway (SR 119) and Stine Road. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 18.53 acres. 2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 142-03 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.53 acres. ACTION TAKEN APhROVED RES 195-08 ABS BENHAM RES 196-08 RES 197-08 RES 198-08 FR Bakersfield, California, November 19, 2008 -Page 9 5. CONSENT CALENDAR HEARINGS continued e. General Plan Amendment No. 08-1033; the City has requested a general plan amendment to incorporate land use and circulation map changes previously adopted by the County Board of Supervisors. Resolution approving the Notice of Exemption and adopting the general plan amendment to incorporate land use and circulation map changes approved by the County of Kern. General Plan Amendment/Zone Change 08-1036; Marino & Associates, representing the Citygate Christian Center, the property owner, has applied for a general plan amendment and zone change on approximately 6.36 acres located between the 99 freeway and Ellashosh Street, south of McKee Road. Resolution adopting the general plan amendment changing the land use designation from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on approximately 6.36 acres. 2. First reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to R-1-CH (One Family ,Dwelling with Church Overlay) on approximately 6.36 acres. g. General Plan Amendment No. 08-1045; the City has requested to amend the Circulation Element of the Metropolitan Bakersfield General Plan on the project site located in the Kern Water Bank Area generally west of South Allen Road between Stockdale Highway and Taft Highway. Resolution approving the Notice of Exemption and adopting the general plan amendment to the city's circulation element maps deleting street alignments and Chang"ing major street designations within the Kern Water Bank Area. ACTION TAKEN RES 199-08 RES 200-08 FR RES 201-08 ~' 8 9 7~ 0 5. Bakersfield, California, November 19, 2008 -Page 10 CONSENT CALENDAR HEARINGS continued h. General Plan Amendment No. 08-1128; Maurice Etchechury of Summit Engineering, on behalf of M&S Land Company, LLC, has applied for an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan Line amendment for Allen Road south of Seventh Standard Road, and Etchart Road east of Allen Road. Resolution approving the Negative Declaration and adopting the amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and Specific Plan Line Amendment to realign Allen Road south of Seventh Standard Road and Etchart Road east of Allen Road on the circulation map. General Plan Amendment/Zone Change 08-1168; Todd Smith of Cannon Associates, representing Trimco, LLC, the property owners, have applied for a general plan amendment and zone change on approximately 60 acres generally located northeast of Morning Drive and Paladino Drive and a Specific Plan Line amendment for Morning Drive. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-MP (Resource -Minerals & Petroleum) to LI (Light Industrial) on approximately 47 acres, and R-MP to HMR (High-Medium Density Residential) on approximately 14 acres, and a Specific Plan Line Amendment for Morning Drive. 2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 104-07 from A (Agriculture) to M-1 (Light Manufacturing) on 47 acres, and A to R-2 (Limited Multi-Family Dwelling) on approximately 14 acres. ACTION TAKEN RES 202-08 RES 203-08 FR 791 Bakersfield, California, November 19, 2008 -Page 11 5. CONSENT CALENDAF~ HEARINGS continued ACTION TAKEN ]. General Plan Amendment/Zone Change 07-0655; DEFERRED TO NEXT Dave Dmohovrski, Planning Premier Group, GPA CYCLE representing if~loodmont Bakersfield, LLC, and John Giumarra Jr., the property owner, has applied for a general plan amendment and zone change on approximately 103 acres located west of South "H" Street, between Berkshire Road and Hosking Avenue, east of State Highway 99. 1. Resolution making findings and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 07- 0655 (Bakersfield Gateway Project). 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR (High Medium Density Residential) to GC (General Commercial) on approximately 77 acres and to char7ge the circulation map by eliminating the collector segment (future Colony Street alignment) that transverses in a north-south direction through the project site. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 1~3-25 from R-1 (One Family Dwelling) and C-2 (Regional Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 103 acres. Staff recommends deferral of the proposed project to the Next general plan cycle. Councilmember Benham announced she would abstain due to potential co-flict of interest given her employment with Memorial Hospital and to avoid the appearance of impropriety on item 5.a. Consent Calendar Hearings opened at 5:23 p.m. No one spoke. Consent Calendar Hearings closed at 5:23 p.m. Mofion by Vice-Mayor Hanson to approve Consent APPROVED Calendar Hearing items 5.a through 5.j. '~ Bakersfield, California, November 19, 2008 -Page 12 6. CLOSED SESSION ACTION TAKEN a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following case: 1. Sierra Club v. City, et al.; Ten Section, LLC Kern County Superior Court Case No. S- 1500-CV-263456 KCT Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:24 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:32 p.m. RECONVENED MEETING - 6:44 p.m. 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 8. INVOCATION by Pastor Leon Frost, United Pentecostal Church. 9. PLEDGE OF ALLEGIANCE by Stephen Bush, 4th Grade Student at Thorner Elementary School. 10. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6. b. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following case: 1. Sierra Club v. City, et al.; Ten Section, LLC Kern County Superior Court Case No. S- 1500-CV-263456 KCT APPROVED APPROVED NQ REPORTABLE ACTION NQ REPORTABLE ACTION r ..r 793 Bakersfield, California, November 19, 2008 -Page 13 11. PRESENTATIONS a. Presentation by Javier Lozano, Human Resources Manager, to department winners of the 2008 Employee Excellence in Action Awards and the Extra Mile Avi~rd in recognition of outstanding service to the City. Janet McCrea; Human Resources/City Manager's Office; Marc Gauthier, Development Services; Vince Zaragoza, Economic and Community Development; Dawn Tamayc, Finance; Tim Lynch and Susan Magana, Fire;. Melvin Johnson and Babette Beier, Police; Ted Vlfright and Kevin Bell, Public Works; Frank HinojoSa and Terri Elison, Recreation and Parks; and Terry Carlson, Water Resources. The recipient of the Extra Mile Award for 2008 was Luis Peralez, which was presented by Public Works Director Rojas: City Manager Candy thanked the Employee Incentive Committee for their efforts. b. Presentation by Parsons of $20,000.00 donation for enhanced landscaping at Aera Park and donation of landscape architectural design for six Sister City Pavilions at Mill Creek Linear Park. Kevin Haboian and Surendra Thakral, officers of Parsons Corporation, made the presentation. Councilmember Benham thanked Parsons for the check and the donation of the work for the Sister City Pavilions. City Manager Tandy thanked Parsons. Mayor Hall thanked Parsons on behalf of the Bakersfield Sister City Project Corporation. 12. PUBLIC STATEMENTS ACTION TAKEN None. 794 13. Bakersfield, California, November 19, 2008 -Page 14 REPORTS a. Department of Housing & Urban Development (HUD), Action Plan Amendment No. 3 (FY 08/09) & Consolidated Plan 2010 Substantial Amendment for Neighborhood Stabilization Program funds. Economic Development Director Kunz provided an overview of the Neighborhood Stabilization Program. Motion by Vice-Mayor Hanson to approve and authorize the City Manager to execufe all necessary HUD documents. b. Update of Fiscal Year 2008-2009 Budget. Finance Director Smith gave an overview and provided a slide presentation. City Manager Tandy gave an overview and provided a slide presentation. Councilmember Scrivner asked staff to supply the new financial sales tax information to the fire union. Councilmember Couch stressed that the downturn in the economy is real and that Council is open to all options and recommended discussing the issue of Council contingency. Councilmember Sullivan asked the City Manager to compare the current situation to previous bad times. City Manager Tandy responded that it is worse than either of the two previous times, which occurred in the early `90's and again in 2003, and is the worst economy since the Great Depression. In response to a question from Councilmember Weir, City Manager Tandy advised that a status report will be provided to the City Council in several weeks. In response to a question from Councilmember Carson, City Manager Tandy advised that the lion's share of the numbers regarding the departments who will be cut will be available to the City Council in about two weeks. ACTON TAKEN APP..ROVED i 795 Balkersfield, California, November 19, 2008 -Page 15 14. HEARINGS ACTION TAKEN a. Zone Change 08-1044; Troy and Wilma Chastain, (property owners) applied for zone change on 0.238 acres, located at the northeast corner of Belle Terrace and Fiorito Street. Cynthia Thompson appealed the Planning Commission's decision. First Pleading of Ordinance approving the FR Negative Declaration, denying the appeal and approving the Zone Change by amending Title 17 of the Municipal Code and amending Zoning Map No. 123-02 from R-S (Residential Suburban Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 0.238 acres (10,384 square feet). City Clerk McCarthy announced staff received last minute correspondence in opposition to the zone change. Development Services Director Grady made staff comments. Hearing opered at 7:46 p.m. Scott Thackery, Chris Morgan, Cindy Thompson (also submitted written material), Gerald Patterson, and Kathleen. Quinby (also showed photographs) spoke in opposition to the staff recommendation. Jim Delmarter (representing the property owners) and Troy Chastain spoke in support of the staff recommendation. John Fergusoh, Scott Thackery, Cindy Thompson, and Gerald Patterson spoke in rebuttal opposition to the staff recommendation. Jim Delmarter and Troy Chastain spoke in rebuttal support of the staff recommendation. Hearing closed at 8:19 p.m. Motion by Ceuncilmember Sullivan to uphold NO ACTION TAKEN the Planning, Commission decision and give First Reading to the Ordinance. Councilmember Benham stated she was not in support of the motion. 796 Bakersfield, California, November 19, 2008 -Page 16 14. HEARINGS continued Item 14.a. continued Councilmember Carson stated she was not in support of the motion. Councilmember Couch referred to the Planning & Development Committee the issue of having an open space requirement for duplexes similar to that for triplexes and fourplexes. Councilmember Scrivner stated he was in favor of the project provided a control can be put in place to make sure that there will be two single-story units. Councilmember Benham stated she was in favor of continuing this item to explore the height limitations and the wall on the back end of the property. In response to a question from Councilmember Sullivan, Jim Delmarter stated he and the property owners would be willing to accept any condition consistent with what has been discussed regarding single-story, two units, eight parking places, two two-car garages, no block wall required along the north property line, but a wooden fence, because there would be no parking there. Development Services Director Grady clarified that the requirement for the one-acre minimum is on both the PUD and the PCD, and the applicant has offered those conditions, and it can be made a condition of approval without having to place a PUD gone change on it. Motion by Councilmember Sullivan to uphold the Planning Commission decision, deny the appeal; give First Reading to the Ordinance, including conditions relating to single stories, substantial compliance with elevations similar to the drawing presented to staff. ACTION TAKEN APPROVED NS ~3ENHAM, CARSON Recess taken from 9:08 p.m. to 9:15 p.m. Bakersfield, California, November 19, 2008 -Page 17 7 9 7 14. HEARINGS continued ACTION TAKEN b. General Plan Amendment/Zone Change 08-0726; McIntosh and J~ssociates, representing Trend Capital Group (property owner) has applied for a general plan amendment and zone change on 8.14 acres located on the northeast corner of Monitor Street and Hacking Avenue. McIntosh and Associates appealed the Planning Commission's decision. Resolution approving the Negative RES 206-08 Declaration, denying the appeal, and denying the general plan amendment changing the land use designation from LR (Low density Residential) to HR (High Density Residential) on 8.14 acres. 2. Resolution approving the Negative Declaration, denying the appeal, and denyir-g the amendment to Title 17 of the Municipal Code and amendment to Zoning Map Nn. 124-30 from R-1 (One Family Dweltirrg) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 8.14 acres. City Clerk McCarthy announced staff received correspondence earlier this evening in support of the zone change. Development Services Director Grady made staff comments. Hearing opened at 9:17 p.m. Roger Mclntdsh, representing Trend Capital Group, spoke in opposition to the staff recommendation and submitted written material. Gary Rice, representing Greenfield School District; Dean Juola, Principal of Golden Valley High School; and Bill Sidhu, CEO of Golden Valley Luxury Apartments, spoke in support of the staff recommendation. No rebuttal. Hearing closed at 9:35 p.m. L 79$ -- Bakersfield, California, November 19, 2008 -Page 18 14. HEARINGS continued AC~jON TAKEN Item 14.b. continued Motion by Councilmember Scrivner to uphold APPROVED the appeal, approve the Negative Declaration, change the land use designation to HMR and the zoning to R-2 with the PUD overlay, with the condition of the street along the northern boundary of this property. Councilmember Couch stated he would like to see the City and the school districts work together to ensure that right turn lanes are installed at the schools. Councilmember Benham thanked Mr. Rice and Mr. Juola for advocating for their students, and Mr. Sidhu for setting a great standard for R-2 development in the City. 15. DEFERRED BUSINESS None. 16. NEW BUSINESS None. 17. COUNCIL AND MAYOR STATEMENTS Councilmember Couch asked staff to look into obtaining a higher interest rate for the City's investment funds and making the interest rate up to the maximum allowable by law, which would be whatever the City is paying on its bonds. Councilmember Couch asked to bring back to the next Council meeting the issue of cufting Council contingency funds. Councilmember Couch asked staff to provide the City Council with a report regarding TOT revenues, how they are dedicated and how that operation has changed. Councilmember Benham asked that Council be advised on how much is currently in and what the activity has been in the Council Contingency Fund. Councilmember Benham asked staff to contact the owner of Automotive Engineering on Golden State Avenue regarding extra police enforcement. 7 9.9 B~ifcersfield, California, November 19, 2008 -Page 19 17. COUNCIL AND MAYO~i STATEMENTS continued Councilmember Benham asked staff to provide information regarding the resurfacing of 22"d Street between Elm and D streets. Councilmember Benham asked staff to contact the owner of Westchester Liquors regarding a problem with water drainage from the alley. Councilmember Benham wished everyone a happy Thanksgiving. Councilmember Scrivner thanked City Manager staff for all the referral responses. Councilmember Sullivan made comments about the Veterans Day Parade; the terrific turnout by the public, and commended City staff for the quick cleanup afterward. Mayor Hall stated he wanted to re-inform the Council that for the past five years he has conducted a Mayor's Freeway Litter Pickup Program once a month with nearly 1,000 volunteers and 1,700 bags of litter, however they are restricted by Caltrans to be only on the on- and off-ramps, and cannot be on the medians. 18. ADJOURNMENT Mayor Hall adjourned fhe meeting at 10:03 p.m. ATTEST: 4 CITY CLERK and Ex C7fficio C e of the Council of the City of Bakersfi d ACTION TAKEN Bakersfield, California, November 19, 2008-Page 20 ~',d ****THIS PAGE INTENTIONALLY LEFT BLANK****