Loading...
HomeMy WebLinkAbout05/24/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MAY 24, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. INVOCATION by Rabbi Cheryl Rosenstein, Temple Beth EI. 3. PLEDGE OF ALLEGIANCE by Jacob Parks, 9th Grade Student at Bakersfield High School. 4. PUBLIC STATEMENTS 5. APPOINTMENTS a. Two (2) appointments to the Bakersfield Redevelopment Agency due to the resignation of Shirlyn Davenport, term expiring April 22, 2007 and the expiration of term of Leonard Schroeder, term expired April 22, 2006. Staff recommends Council determination. 6. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 10, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from April 28, 2006 to May 11, 2006 in the amount of $11,252,475.11 and self insurance payments from April 28, 2006 to May 11, 2006 in the amount of $308,063.86. Ordinances: (Ward 3,4,5) c. First Reading of Ordinance amending Municipal Code Sections 1.12.030, 1.12.40 and 1.12.050 by adding Annexation No. 467 to Ward 3, Annexation Nos. 484 and 490 to Ward 4 and Annexation 440 to Ward 5. d. First Reading of Ordinance amending Section 14.04.120 of the Municipal Code relating to water rates and fees. Resolutions: e. Resolution approving a Memorandum of Understanding for the employees of the Association of Bakersfield Police Officers for salaries and related benefits and adopting salary schedule. (Ward 1) f. Resolution adding territory, Area 5-26 (E Panama, S Union SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. g. Resolution to adopt a County Transportation Expenditure Plan. h. Resolution to Congressman Jim Costa and Congressman Bill Thomas to request emergency funding for the Army Corps of Engineers to expedite the investigation, monitoring, studies and repairs of the Lake Isabella Dam and Reservoir Project. (Ward 1,3,4,5)' i. 6. CONSENT CALENDAR continued (Ward 1) (Ward 1,3-7) (Ward 4) (Ward 7) * - upon annexation Resolutions approving applications proposing proceedings for annexation of uninhabited territories identified as: 1. Annexation No. 495 consisting of 60.88 acres located north of Reina Road to Kratzmeyer Road, west of Allen Road. 2. Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal. 3. Annexation No. 527 consisting of 81.06 acres located west of Gosford Road generally north of Taft Highway. 4. Annexation No. 537 consisting of 79.01 acres located north of Snow Road between Coffee Road and Calloway Road, south of Etchart Road. 5. Annexation No. 546 consisting of 22.32 acres located south of Berkshire Road, east of South Union Avenue. 6. Annexation No. 541 containing 6.67 acres located near the entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street. Resolution of Intention No. 1450 to order the vacation of the superceded right of way dedication located southwesterly of the intersection of Sillect Avenue and Arrow Street. Resolution of Intention No. 1453 preliminarily adopting, confirming and approving Public Works Director's Report for the Traffic Signal Maintenance Districts and the 2006-07 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. I. Resolution of Intention No. 1454 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2006-07 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. J. k. m. Resolution of Intention No. 1455 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2006-07 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. McAllister Ranch Planned Sewer Area: n. o. 1. Resolution of Intention No. 1457 to establish the McAllister Ranch Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. Resolution of Intention No. 1458 to order the vacation of the 15 feet of right of way for Berkshire Road between Granite Hills Street and Shallow Cove Way, and, the temporary access, turnaround, and slope easement located northwest of the intersection of Berkshire Road and Granite Hills Street. 2 6. CONSENT CALENDAR continued (Ward 5,6) (Ward 4.5)' (Ward 6) (Ward 1,6) (Ward 6) (Ward 3) * . upon annexation Agreements: p. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6475 Phases 4 & 5 located east of Ashe Road and north of Panama Lane. 2. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 3 located north of Panama Lane and west of Buena Vista Road. 3. Final Map and Improvement Agreement with McMillin Albany, LLC for Tract 6169 Phase 5 located north of Panama Lane and east of Old River Road. q. 4. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6290 Unit 2 located south of McKee Road and west of Stine Road. General Plan Amendment/Zone Change No. 05-1580 (Ten Section, LP) generally located at the southeast corner of Panama Lane and Nord Road. r. 1. Agreement with Ten Section, LP ($192,645.00) for the preparation of an Environment Impact Report (EIR) and appropriate $192,645.00 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($144,845.00) to prepare and Environmental Impact Report (EIR) for General Plan Amendment/Zone Change for General Plan Amendment No. 05-1580. Agreement with Floyd Johnston Construction Company, Inc. (not to exceed $6,500,000.00) for time and materials to construct the McCutchen/Gosford sewer lift station for Wastewater Treatment Plant NO.3. Agreement with BSK Associates (not to exceed $47,840.00) to provide groundwater sampling and reporting services for Wastewater Treatment Plants Nos. 2 & 3. t. Agreement with Kern County Superintendent of Schools for use of Proposition 12 Funds to construct a Kern River Educational Pavilion at the California Living Museum. s. u. Agreement with Kern County allowing City to enter into contracts with vendors that will be paid by Homeland Security Grant funding. v. Amendment No.1 to Agreement No. 05-0442 ($101,078.75; revised not to exceed $350,000.00) with Krazan & Associates, Inc. for providing geotechnical and material testing services. w. Amendment NO.1 to Agreement No. 06-101 (originally Agreement No. CA05-013) with Clifford & Brown ($190,000.00, total not to exceed $340,000.00) for outside legal services in the matter of Elizabeth Ann Peel, et al v City, et al. Bids: x. Reject all bids for construction of two (2) concrete block pump houses, pumps and motors for the Ashe Road Water Well Project (CBK-45 and L-212). Accept bid to award contract to Loop Electric Inc. ($115,495.02) for traffic signal and lighting system installation at the intersection of Fairtax Road and Highland Knolls Drive. y. 3 (Ward 4) 6. CONSENT CALENDAR continued (Ward 4) (Ward 2) z. Accept bid to award contract to Nicholas Construction ($2,265,790.00) to construct sewer storm drain and street improvements along Allen Road from Rosedale Highway to Hageman Road. Accept bid and award contract to Bakersfield Well & Pump Company ($1,067,145.00) for drilling and pump testing three (3) domestic water wells: CBK-47 located on Rockefeller Court, CBK-48 located on Barley Harvest Avenue, and CBK-49 located on the southeast corner of Pensinger and Entrada Del Auqua. aa. Miscellaneous: Appropriate $1,000,000 California Housing Finance Agency (CaIHFA) loan funds to the Old Town Kern Redevelopment Project Area Operating Fund for the Bakers Street Mixed Use Project - The Village at Baker Street. Staff recommends adoption of Consent Calendar items a through bb. bb (Ward 2) 7. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the entire alley between Lake Street and Kentucky Street, from King Street to Baker Street, and portion of the alley between Lake Street and Kentucky Street, from Baker Street to Kern Street. (Staff recommends adoption of resolution.) (Ward 2) (Ward 6) c. b. Public Hearing to consider General Plan Amendment/Zone Change 05-1930: Quad Knopf, representing the Bakersfield Redevelopment Agency (property owner), has applied for a general plan arnendment and zone change on 6.61 acres comprised of the block bounded by Baker Street, Lake Street, King Street and Kentucky Street, and a portion of the block bounded by Baker Street, Lake Street, Kern Street and Kentucky Street. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to MUC (Mixed Use Commercial) on 6.61 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No.1 03-29 from C-2 (Regional Commercial) to PCD (Planned Commercial Development) on 6.61 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-0423; SmithTech/USA, Inc. representing Pascoe Family Investments, LLC (property owner) has applied for a general plan amendment and zone change on approximately 100 acres located at the northeast corner of Gosford Road and McCutchen Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 100 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 100 acres. 4 7. CONSENT CALENDAR HEARINGS continued (Ward 6) (Ward 6) (Ward 1) (Ward 1) d. Public Hearing to consider General Plan Amendment/Zone Change No. 05-1445; Mcintosh & Associates, representing Castle & Cooke California, Inc. (property owner) has applied for a general plan amendment and zone change on 9.88 acres located at the northeast corner of Panama Lane and Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to HMR (High Medium Density Residential) on 9.88 acres. e. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-22 from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling Zone/Planned Unit Development Zone) on 9.88 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1452; SmithTech/USA, Inc. representing OMAX, LLC (property owner), has applied for a general plan amendment on 80 acres located at the northwest corner of Taft Highway and Gosford Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 70 acres and GC (General Commercial) on the remaining 10 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and A to C-2 (Regional Commercial) on 10 acres. Public Hearing to consider General Plan Amendment No. 05-0424; Pinnacle Engineering, representing Donald & Virginia Robson Trust (property owner) has applied for a general plan amendment on 55 acres, located at the southeast corner of Watts Drive and Cottonwood Road. (Staff recommends adoption of resolution.) f. g. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from LI (Light Industrial) to LMR (Low Medium Residential) on 55 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-0599; Pinnacle Engineering, representing Jim and Cindy Edwards (property owner) has applied for a general plan amendment and zone change on approximately 20 acres located at the southeast corner of Cottonwood Road and East White Lane. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HI (Heavy Industrial) to LMR (Low Medium Density Residential) on approximately 20 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-16 from M-3 (Heavy Industrial) to R-2 (Limited Multiple Family Dwelling) on approximately 20 acres. 5 7. CONSENT CALENDAR HEARINGS continued (Ward 1) (Ward 1,7)' (Ward 7) (Ward 7) ~ - upon annexation h. Public Hearing to consider General Plan Amendment/Zone Change 05-1021; Michael Dhanens Architect, representing Tammy Nguyen and California Water Service Company (property owners) has applied for a general plan amendment and zone change on 2.28 acres located at the northeast corner of V Street and 3'd Street. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to HMR (High Medium Density Residential) on a 2.14 acre parcel and from GC to P (Public Facilities) on a 0.14 acre parcel. i. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 03-31 from C-2 (Regional Commercial) to R-2 (Limited Multiple Family Dwelling) on 2.28 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1280; Jerry Hendricks, representing Helen and Waldo Jones (property owner) has applied for a general plan amendment and zone change on approximately 25 acres located north of Hosking Road between Union Avenue and Cottonwood Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 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 LR (Low Density Residential) on approximately 25 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 25 acres. Public Hearing to consider General Plan Amendment 05-1455; Lynx Realty & Management, representing William & Geraldine Skaggs (property owner) has applied for a general plan amendment on approximately 5 acres located at the northeast corner of Stine Road and Berkshire Road. (Staff recommends adoption of resolution.) 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 approximately 5 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1442; Marino/Associates, representing Arredondo Ventures, Inc. (property owner) has applied for a general plan amendment on 5.5 acres located on the south side of Panama Lane between Wible Road and Windflower Avenue. (Staff recommends adoption of resolution and give first reading to ordinance.) k. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 5.5 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 5.5 acres. 6 7. CONSENT CALENDAR HEARINGS continued (Ward 3) (Ward 3) (Ward 4)" (Ward 4)" I. Public Hearing to consider General Plan Amendment/Zone Change 05-1361; Mcintosh & Associates representing Sterling Oaks Investments, LLC (property owner) has applied for a general plan amendment on 7.32 acres and zone change on 4.60 acres located on the west side of Morning Drive approximately 1,000 feet south of State Route 178. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 7.32 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 03-24 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.60 acres. Public Hearing to consider General Plan Amendment No. 05-1421; Cal-Kern II, LLC (applicant and property owner) has applied for a general plan amendment on approximately 20 acres located north of State Highway 178 and east of Morning Drive. (Staff recommends adoption of resolution.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) to LR (Low Density Residential) on approximately 20 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1451; SmithTech/USA, Inc., representing Bear Mountain Development, Inc. (property owner), has applied for a general plan amendment on 43 acres (40 acres of the 83 acres site to remain SR) located on the north and south of Etchart Road and on the west side of the Beardsley Canal. (Staff recommends adoption of resolution and give first reading to ordinance.) m. n. o. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on approximately 7.73 acres and SR to LR (Low Density Residential) on 35.87 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 and 102-05 from A (Agriculture) to E (Estate Residential) on 39.41 acres and A to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 7.73 acres and A to R-1 (One Family Dwelling) on 35.87 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1448; James C. Lundy, representing the Thropp Jackson Trust (property owner), has applied for a general plan amendment and zone change on approximately 51 acres located between Calloway Drive and EI Toro Viejo Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from ER (Estate Residential) to LR (Low Density Residential) on approximately 51 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-29 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 51 acres. 7 7. CONSENT CALENDAR HEARINGS continued (Ward 5) (Ward3)' p. Public Hearing to consider General Plan Amendment/Zone Change 05-1257; Marino/Associates, representing Harold Johnson, Patricia Schrieiver, Michael Lorenzi and Susan Piper by Ted Piper (property owner), has applied for a general plan amendment on 80 acres, located at the northeast corner of Pensinger Road and South Allen Road. (Staff recommends adoption of resolution and give first reading to ordinance.) q. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling) on 80 acres. Public Hearing to consider General Plan Amendment/Zone Change 05-1343; Porter- Robertson Engineering, representing Stockdale Oil & Gas, Inc. (property owner), has applied for a general plan amendment and zone change on 74.71 acres located on the west side of Miramonte Drive, approximately Y2 mile south of State Highway 178. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-EA (Resource-Extensive Agriculture) and R-MP (Resource-Mineral & Petroleum) to LR (Low Density Residential) on 74.71 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 04-15 from A (Agriculture) to R-1 (One Family Dwelling) on 74.71 acres. (Ward 2) 8. HEARINGS a. (30 mini Protest Hearing to consider Resolution adding territory, Area 4-44 (Chester Avenue, 24th Street to Garces Circle) 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. Staff recommends overriding protests and adoption of resolution. RECESS b. Public Hearing to consider General Plan Amendment No. 05-1135; The City has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan related to urban decay studies. 1. Resolution making findings and adopting proposed amendment to the Metropolitan Bakersfield General Plan related to urban decay studies. Staff recommends adoption of resolution. 8 8. HEARINGS continued (Ward 1)" (Ward4)" (Ward4)" c. Public Hearing to consider General Plan Amendment/Zone Change 05-0940; Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon (property owners) has applied for a general plan amendment and zone change on 52.29 acres, located west of Cottonwood Road, between East Panama Lane and Pacheco Road. An appeal to the Planning Commission decision was submitted by the applicant. 1. Resolution denying the appeal and the general plan amendment request to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. 2. Resolution denying the appeal and the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 52.29 acres. Staff recommends adoption of resolutions and deny the appeal. Public Hearing to consider General Plan Amendment/Zone Change 05-1450; SmithTech/USA Inc., representing Michel & Margaret Ann Etcheverry Family Limited Partnership (property owner) has applied for a general plan amendment and zone change on approximately 66.25 acres located on the south side of Seventh Standard east of the Calloway 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 66.25 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No.1 01-01 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 66.25 acres. Staff recommends adoption of resolution and give first reading to ordinance. d. e. Public Hearing to consider General Plan Amendment/Zone Change 05-1453; SmithTech/USA, Inc., representing Breckenridge Development Co., Inc., (property owner) has applied for a general plan amendment on 90 acres, located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 90 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map NO.1 02-04 from A (Agriculture) to R-1 (One Family Dwelling) on 90 acres. Staff recommends adoption of resolution and give first reading to ordinance. 9. COUNCIL AND MAYOR STATEMENTS 10. ADJOURNMENT 5/17/062:40pm Respectfully submitted, ~~ Alan Tandy City Manager .~~ 9 AGENDA HIGHLIGHTS MAY 24,2006 COUNCIL MEETING APPOINTMENTS There will be two appointments to the Bakersfield Redevelopment Agency. CONSENT CALENDAR Ordinances Item 6d. First Readina of an Ordinance Amendina the Municipal Code relatina to Water Rates and Fees. This ordinance clears up any ambiguities regarding various fees assessed for water-related services. Furthermore, when developers apply for water services, they are currently allowed to delay paying availability fees until the maps are finalized for recordation, creating additional work for staff. This ordinance would require full payment when an application for water service is submitted. Resolutions Item 6g. Resolution for Adoption of a County Transportation Expenditure Plan. Local governments have identified a local transportation need of more than $1.75 billion in excess of traditional funding sources. It has been determined that a local Y:z cent sales tax will raise an estimated $900 million during the 20 years the sale tax is in affect. In order for the measure to move forward to a vote in November, the attached Resolution, including the expenditure plan, must be approved. In order to place the expenditure plan on the ballot for the November election, approval is required from: 1) A majority of the cities; 2) A majority of the cities, representing a majority population; 3) Board of Supervisors; and 4) KernCog Board of Directors. KernCog scheduled the final approval of the draft expenditure plan for its June 15, 2006 meeting, and is requesting approval of the draft expenditure plan by resolution of the Council. Item 6h. Resolution to Conaressmen Jim Costa and Bill Thomas to Reauest Emeraency Fundina for the Army Corps of Enaineers to Expedite the Investiaation. Monitorina. Studies. and Repairs of the Lake Isabella Dam and Reservoir Proiect. On April 28, 2006 the United States Army Corps of Engineers ("Corps") acting upon technical advice of the Corps Dam Safety Committee, declared that the Isabella project was potentially at risk, took over operational control of the outflow from the dam and reservoir, and ordered the restriction of storage to approximately 360,000 acre-feet. The Corps placed the Isabella project #1 on its risk assessment list due to seismic concerns, seepage at the Auxiliary Dam and the potential damage that may occur should downstream flooding result from the failure of the Auxiliary Dam when the lake was full. The Corps has pertormed preliminary research, geologic and engineering work, but needs to complete the work and evaluation before rendering solutions and repair to the Isabella project. They indicate that until such studies and evaluations are complete, the storage restriction will continue. The Corps has also pointed out that it may take 3 or more years to complete the studies before any remedial action to correct any found problems would take place. Despite assurances from the Corps that there is no danger, City residents are apprehensive. The Corps needs to accelerate the evaluation process, immediately correct any deficiencies, and alleviate public concerns. This resolution is to request that Congressional representatives, Bill Thomas and Jim Costa, seek emergency funding for the Corps to complete their studies and repair the project. Agenda Highlights May 24, 2006 Page 2 This Resolution was presented to the City Water Board at its May 17, 2006 meeting, when it was recommended for approval by Council. Item 6n. McAllister Ranch Planned Sewer Area. The area is generally bounded by the Southern Pacific Railroad on the north, Buena Vista Road on the east, Yo mile south of Panama Lane on the south, and Nord Road on the west. The sewer system has been preliminarily designed, and a sewer trunkline in Panama Lane west of Buena Vista Road has been constructed as the first link in a major trunk line in this system. The funds collected within the area will be used to reimburse the developer for the cost of their portion of the project, and to either construct the remainder of the system or to reimburse any developer that builds a portion of the system (reimbursed would only be for that portion of the cost that is over their proportionate share of the cost). Aareements Item 6r. Acreement with Floyd Johnston Construction Comaany. Inc. for Time and Materials to Construct the McCutchen/Gosford Sewer Lift Station for Wastewater Treatment Plant NO.3 in an amount not to exceed $6.500.000. On March 8, 2006, Council approved a resolution dispensing with bidding procedures for the construction of a permanent pump station for Wastewater Treatment Plant NO.3. Since this meeting, staff has continued with the design of the McCutchen/Gosford sewer lift station, the plans for which are approximately 50% complete. The City is in the process of completing review of the procurement packages to purchase some of the long lead-time items. City staff has spoken with contractors regarding the construction work involved with this project; and through informal evaluations has determined the Floyd Johnston Company to be the most sensible choice for this project. Floyd Johnston is the contractor for the Trunk Sewer Replacement Project for Planz Road, so has proven to be a well qualified and experienced firm. Staff recommends Floyd Johnston Company to perform the construction work for this project. Bids Item 6z. Award Contract to Nicholas Construction to Construct Sewer Storm Drain and Street Imarovements alona Allen Road from Rosedale Hiahwav to Haaeman Road in the amount of $2.265.790. This Sewer Trunk Line project will serve a newly annexed area. The project will eliminate the need for an existing long sewer force main and otherwise reduce the current heavy use of pumps at the Hageman Lift Station. Work has already been completed on the construction of sewer line from Noriega Road to the Lift Station on Hageman Road as the first part of this project. A portion of the roadway itself is within the County. During early discussions with their staff, a stretch of Allen Road between Rosedale Highway and Meacham Road was identified as roadway that can be improved by widening and adding curb and gutter. Since it is in the County, they will contribute $500,000 towards these road improvements. This project was previously bid in August, 2005. The City rejected those bids because they exceeded the engineer's estimate. Staff subsequently repackaged the project and invited other bidders. Three acceptable bids were received. Staff recommends award to Nicholas Construction. Item 6aa. Award Contract to Bakersfield Well and Puma Comaany for Drillina and Puma Testinc Domestic Water Wells at Rockefeller Court. Barlev Harvest Avenue and the Southeast Corner of Pensinaer and Entrada Del Auaua in the amount of $1.067.145. One acceptable bid was received. Staff recommends award to Bakersfield Well and Pump Company. Agenda Highlights May 24, 2006 Page 3 CONSENT CALENDAR HEARINGS Items 7a. and 7b. Public Hearinos to 1) Consider a General Plan Amendment/Zone Chanoe on 6.61 Acres Comcrised of a Block Bounded bv Baker Street. Lake Street. Kino Street. and Kentuckv Street. and a Portion of the Block Bounded bv Baker Street. Lake Street. Kern Street. and Kentuckv Street: and 2) Related Allev Vacation. Quad Knopf, representing the Bakersfield Redevelopment Agency, the property owner, proposes a development of approximately 84 multi-family residential units and approximately 54,084 square feet of retail space, in addition to the renovation and reuse of an existing commercial building on the west side of Baker Street for retail and office uses. The proposal includes the abandonment of the portion of the alley between Kentucky Street and Lake Street for vehicular access to on-site parking and for pedestrian access and landscaping. A disposition and development agreement (DDA) between the City, Redevelopment Agency, and The Triumph Companies will assure the type, character and quality of the development and will establish the development requirements and financial commitments of the respective parties. The Planning Commission conducted a public hearing on April 6, 2006 and recommended approval. No objections have been received as of the date of this report. Item 7c. Public Hearino to Consider a General Plan Amendment/Zone Chanoe on Accroximatelv 100 Acres Located at the Northeast Corner of Gosford Road and McCutchen Road. SmithTech/USA, Inc. representing Pascoe Family Investments, LLC, the property owner, proposes a development of approximately 350 single-family residential units. The Planning Commission's hearing on this item was held April 6, 2006, and Council approval was recommended. No individuals or agencies present at the hearing opposed the request. A nearby industrial business (Golden Empire Concrete at the southwest corner of Gosford Road and McCutchen Road) requested several conditions of approval be added to address issues related to noise, lights, dust and traffic; the applicant agreed and the Planning Commission incorporated them into the recommended conditions of approval for the project. Item 7d. Public Hearino to Consider a General Plan AmendmenUZone Chanoe on 9.88 Acres Located at the Northeast Corner of Panama Lane and Ashe Road. Mcintosh & Associates, representing Castle & Cooke California, Inc., the property owner, proposes a development of approximately 85 single-family residential units. The Planning Commission's hearing on this item was held April 6, 2006, and Council approved was recommended. No individuals or agencies opposed the request and the applicant agreed to all conditions and mitigation for the project. Item 7e. Public Hearino to Consider a General Plan Amendment/Zone Chanoe on 80 Acres Located at the Northwest Corner of Taft Hiohwav and Gosford Road. SmithTech/USA, Inc., representing OMAX, LLC, the property owner, proposes a development of approximately 281 single-family residential units and 82,000 square feet of commercial space upon annexation of the site. The Planning Commission's hearing on this item was held April 6, 2006, and Council approved was recommended. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Item 7f. Public Hearino to Consider a General Plan Amendment on 55 Acres. Located at the Southeast Corner of Watts Drive and Cottonwood Road. Pinnacle Engineering, representing Donald & Virginia Robson Trust, the property owner, proposes a development of approximately 286 single-family residential units. The existing zoning on the site is R-2 (Limited Multiple Family Dwelling), which permits the construction of single-family residential development. The current land use designation LI (Light Industrial) only permits the development of light manufacturing and commercial uses. The applicant's proposal brings consistency between the existing zoning (R-2) and the proposed general plan land use (LMR). Agenda Highlights May 24, 2006 Page 4 The Planning Commission's hearing on this item was held March 16, 2006, and Council approved was recommended. A small portion of the site is proximate to the nearby Wastewater Treatment Plant NO.2 (less than 14 mile); a condition of approval prohibiting residential development within the 14-mile buffer area is required. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Item 7g. Public Hearina to Consider General Plan AmendmenUZone Chanae on Approximatelv 20 Acres Located at the Southeast Corner of Cottonwood Road and East White Lane (future). Pinnacle Engineering, representing Jim and Cindy Edwards, the property owners, proposes a development of approximately 103 single-family residential units. The Planning Commission's hearing on this item was held March 16, 2006, and Council approved was recommended. No individuals or agencies present at the hearing opposed the request. Kenneth Edwards, the owner of the property immediately south of the project site, sent e-mail correspondence to the Planning Department and Mayor Hall expressing his opposition to the proposal because it would not be compatible with the planned industrial use of his property. Conditions of approval addressing residentiallindustrial interface issues are recommended, which are similar conditions imposed by the Council on other recently approved residential projects in the immediate vicinity. In addition, conditions of approval and mitigation measures which address Bakersfield Municipal Airport compatibility are recommended. The applicant agreed to all conditions and mitigation for the project. Item 7h. Public Hearina to Consider a General Plan AmendmenUZone Chance on 2.28 Acres Located at the Northeast Corner of V Street and 3rd Street. Michael Dhanens Architect, representing Tammy Nguyen and California Water Service Company, the property owners, proposes a development of approximately 36 multi-family residential units on a 2. 14-acre parcel. There is a California Water Service Company pump station that is in operation on a 0.14-acre parcel. The Planning Commission conducted a public hearing on this item on march 16, 2006, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. Michael Timothy Dunn, the managing partner of the self-storage facility immediately north of the project site, sent correspondence in support of the proposal; however, he requested that the applicant be required to prevent further water damage to their storage units caused by landscaping irrigation by sealing the existing masonry wall which separates the two properties. The Building Director's assessment is that any water damage which may have occurred was due to over-watering and should be dealt with as a civil matter between the two property owners. The Building Director does not recommend the imposition of a condition of approval that would require the City to enforce watering practices, and the Planning Commission's recommendation is consistent with this position. Item 71, Public Hearina to Consider a General Plan AmendmenUZone Chanae on Approximatelv 25 Acres Generallv Located North of Hoskinc Road between Union Avenue and Cottonwood Road. Jerry Hendricks representing Helen and Waldo Jones, the property owners, proposes a development of approximately 100 single-family residential units upon annexation. The Planning Commission conducted a public hearing on this item on March 16, 2006, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Item 7j. Public Hearina to Consider a General Plan Amendment on Approximatelv 5 Acres Located at the Northeast Corner of Stine Road and Berkshire Road. Lynx Realty & Management, representing William & Geraldine Skaggs, the property owner, proposes a development of multi-family residences consisting of 84 condominium units, which are age-restricted (62 and over). On April 6, 2006, the Planning Commission conducted a public hearing on this item. The Commission recommends approval Agenda Highlights May 24, 2006 Page 5 with the inclusion of a condition requiring the approval of a zone change to P.U.D. prior to development of the site, which would require Commission review and Council approval of the development plan. The zone change proposal was continued to enable the applicant to address concerns raised by Commissioners and a neighboring property owner, Terry Russell, regarding overlooks into backyards of adjacent single-family residences to the north and east. Item 7k. Public Hearinc to Consider a General Plan Amendment/Zone Chance on 5.5 Acres. Located on the South Side of Panama Lane. between Wible Road and Windflower Avenue. MarinolAssociates, representing Arredondo Ventures, Inc., the property owner, proposes a development of approximately 60,000 square feet of gross leasable area. The project lies within an area of mixed residential and commercial land uses. The Planning Commission conducted a public hearing on this item on April 6, 2006 and recommended approval. Item 71. Public Hearinc to Consider a General Plan Amendment/Zone Chance on 7.32 Acres and Zone Chance on 4.60 Acres. All Located on the West Side of Morninc Drive Approximatelv 1.000 Feet South of State Route 178. Mcintosh & Associates, representing Sterling Oaks Investments, LLC, the property owner, proposes a development of multi-family residential units. The Planning Commission conducted a public hearing on this item on April 6, 2006 and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Item 7m. Public Hearinc to Consider a General Plan Amendment on Approximatelv 20 Acres Located North of State Hichwav 178 and East of Morninc Drive. Cal-Kern II, LLC, the applicant and property owner, proposes a development of approximately 90 single-family residential units. The Planning Commission conducted a public hearing on this item and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Item 7n. Public Hearinc to Consider a General Plan Amendment/Zone Chance on 43 Acres (40 Acres of the 83-Acre Site to Remain SR). Located on the North and South Side of Etchart Road and on the West Side of the Beardslev CanaI.05-1451. SmithTech/USA, Inc., representing Bear Mountain Development, Inc., the property owner, proposes a development of approximately 330 single-family residential units and 80 apartment units upon annexation. The Planning Commission conducted public hearing(s) on this item on April 6, 2006 and recommended City Council approval. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. . Item 70. Public Hearinc to Consider a General Plan Amendment/Zone Chance on Approximatelv 51 Acres Located between Callowav Drive and EI Toro Vieio Road. Immediatelv North of the Burlincton Northern Santa Fe (BNSF) Railwav. James C. Lundy, representing the Thropp Jackson Trust, the property owner, proposes a development of approximately 220 single-family homes upon annexation. The Planning Commission conducted a public hearing on this item on April 6, 2006. Fred Rappleye of West Coast Land Service, representing Dole Enterprises, Inc., the operator of the oil and gas leasehold on the subject property, had concerns regarding the proposal's impact upon their ability to continue to operate their existing wells and to establish new wells. The 100-foot building setback from petroleum production-related facilities required by the Building Code alleviated his concerns. The applicant expressed his opposition to a recommended condition of approval requiring the subdivider to pay a fee to upgrade the existing ball field lighting at the North of the River Recreation and Park District's (NOR) Greenacres Park immediately west of the site. Staff had recommended this condition in response to concerns raised by NOR regarding light and glare effects from their approximately 25-year Agenda Highlights May 24, 2006 Page 6 old ball field lights. The applicant presented an alternative condition requiring the subdivider to reposition the lights to ensure that the light level at the residential property line would not exceed 0.5 foot-candles, provided current light levels and uniformity on the field are not decreased. NOR is in agreement with this alternative. Staff, therefore, recommended a condition requiring the subdivider to record a covenant on all residential lots disclosing the potential for light, glare, and noise disturbances associated with the operations of Greenacres Park. The Commission further recommended a modified condition requiring the covenant to notify future homebuyers that NOR may upgrade the ball field light levels to 50 foot-candles infield and 30 foot-candles outfield on 60-foot poles in accordance with current standards for safe play, provided the light level at the residential property line does not exceed 0.5 foot-candles. Council approval is recommended. Item 7p. General Plan Amendment/Zone Chanae on 80 Acres. Located at the Northeast Corner of Pensinaer Road and South Allen Road. MarinolAssociates, representing Harold Johnson, Patricia Schreiver, Michael Lorenzi, and Susan Piper by Ted Piper, the property owners, proposes a development of approximately 306 single-family residential units. The Planning Commission conducted public hearing(s) on this item on March16, 2006 and recommended City Council approval. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Item 7q. Public Hearino to Consider a General Plan Amendment/Zone Chanae on 74.71 Acres Located on the West Side of Miramonte Drive. Aooroximatelv Y:.i Mile South of State Hiahwav 178. Porter- Robertson Engineering, representing Stockdale Oil & Gas, Inc., the property owner, proposes a development of approximately 344 single-family homes upon annexation. The Planning Commission conducted public hearing(s) on this item on March 16, 2006 and recommended City Council approval. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. A provision of a multi-use trail along the project's Miramonte Drive frontage is recommended as part of the project approval. HEARINGS Item 8a. Protest Hearino reaardino the Addition of Territory. Chester Avenue. 24th Street to Garces Circle. to the Consolidated Maintenance District. The City is proposing to install street landscaping in this area. This area is generally bounded by Garces Circle on the north, K Street on the east, 24th Street on the south, and Eye Street on the west. On March 31't, notices and ballots were sent out. Ballots may be returned up to the close of the protest hearing. The addition of this territory to the Consolidated Maintenance District complies with the requirements of Proposition 218. It is intended that the ballots are to be counted during the Council recess. Council will take a brief recess Item 8b. Public Hearina to Consider an Amendment to the Land Use Element of the Metrooolitan Bakersfield General Plan Related to Urban Decav Studies. In response to the Fifth Appellate District Court's decision on the Wal-Mart case, staff proposes text amendments to the Land Use Element of the Metropolitan Bakersfield General Plan defining when urban decay studies are required for new commercial development projects. The proposed amendment would require developers proposing large retail developments to provide cumulative-level urban decay studies to assist staff in determining whether there is a potential significant impact on existing retail development, which could consequently result in urban decay. More details regarding urban decay can be found in the appendix to the administrative report. Agenda Highlights May 24, 2006 Page 7 Staff's original proposal was considered by the Planning Commission on September 15, 2005. In order to evaluate the proposal in greater depth and to solicit input from members of the community, an Ad Hoc Planning and Development Committee consisting of Commissioners and community participants was formed. The Planning Commission conducted a public hearing on this item, which included consideration of the Committee Report, on April 6, 2006 and recommended approval to the City Council. Commissioner Tragish voted against the proposed changes stating that they are overbroad and constitute social engineering. No individuals or agencies present at the hearing opposed the proposal. Item Be. Public Hearino to Consider General Plan Amendment/Zone Chanoe on 52.29 Acres. Located West of Cottonwood Road. between East Panama Lane and Pacheco Road. Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon, the property owners, propose a development of a low-density, residential development (6,000 sq ft lots) on 52.29 acres. The project site is east of Rexland Acres and directly west of both a 78-year-old, 10-acre chicken ranch with feed mill for 180,000 birds, and the Bakersfield Sports Arena. The arena provides outdoor concerts and weekly equestrian events. Chicken ranches of this magnitude are significant odor generators with significant insect activity. Locating houses adjacent to this business will cause land use conflicts. The applicant was made aware of the nuisance issues before the Planning Commission hearing and offered no solutions. A small portion of this proposal (approximately the western 100 feet) conflicts with the density guidelines of the Airport Land Use Compatibility (APLUC) Plan. It is Yz mile southeast of the Bakersfield Municipal Airport and sits within Compatibility Zones B-2 (Extended Approach/Departure) and Zone C (Common Traffic). Zone B-2 is an area of significant risk and noise. The request within this Zone B-2 is inconsistent with the APLUC plan. Residences in Zone C are frequently exposed to noise and require the recordation of an aviation easement. On March 16, 2006, the Planning Commission held a public hearing on this item. At the public hearing, letters were submitted which expressed concerns about event noises from the Bakersfield Sports Arena and opposition from the chicken ranch. Both parties expressed their fears that future occupants would find their business activities to be nuisances. Staff indicated to the Commission that development of the area is supported, it is just that residential units in close proximity to the chicken ranch and sports arena without workable mitigation would result in complaints in the future. The Commission agreed with staff that the and denied the request. An appeal was submitted by the applicant. Recently, the applicant submitted supplemental information to Planning regarding noise and odors. Staff has solicited a review of the odor information from the San Joaquin Valley Air Quality Control Board. Comments were not received by the time this report was prepared, but will be forwarded under separate cover when available. Item Bd. Public Hearino to Consider a General Plan Amendment/Zone Chanoe on ADDroximatelv 66.25 Acres Located on the South Side of Seventh Standard. East of the Callowav Canal. SmithTech/USA Inc. representing Michel & Margaret Ann Etcheverry Family Limited Partnership, the property owner, proposes a development of approximately 275 single-family residential units upon annexation. The Planning Commission conducted a public hearing on this item on April 6, 2006. Terri Bjorn, representing Crimson Resource Management, the mineral rights owner within the project area, testified that Crimson has been in communication with the developer and is confident that they will be able to reach agreement at the tentative map stage; however, she requested several modifications to the Negative Declaration with respect to mineral resources, which the Planning Commission incorporated into their motion. Additionally, Dennis McLean and Vie Supertino, neighboring property owners, testified that they would prefer that the southern portion of the project area remain Suburban Residential to be more compatible with existing development designated Rural Residential to the south. Agenda Highlights May 24, 2006 Page 8 The Calloway Canal, which ranges in width between 150 and 300 feet, currently separates the project area from the Rural Residential area to the south. The Planning Commission found this to be an adequate buffer between the proposal and the existing large lot neighborhood adjacent to the south and west of the project. The Commission recommends a condition of approval requiring a buffer (to be determined by the Commission) between the project area and the Rural Residential area to the south, if the Calloway Canal is relocated. Item Be. Public Hearina to Consider a General Plan Amendment/Zone Chanae on 90 Acres. Located at the East Side of Coffee Road. North of Snow Road. and West of the Beardslev Canal. SmithTech/USA, Inc., representing Breckenridge Development Co., Inc., the property owner, originally proposed including 10 acres of GC (General Commercial) on the corner of Snow Road and Coffee Road. This portion of the applicant's request is inconsistent with General Plan policy, which encourages the Y:i mile separation of new commercial designations from existing commercial designations. The Commission is recommending denial of this portion of the request, which the applicant did not oppose at the public hearing. Staff's recommendation would allow for the development of approximately 372 single-family residential units on the site. The Planning Commission conducted a public hearing on this item on April 6, 2006. F. Parker Peacock submitted correspondence and spoke during the public hearing, stating that the proposal would not be compatible with the adjacent SR (Suburban Residential) land use designation located to the south of the project site. Correspondence from T. Schroepfer expressed his opposition to the proposal and stated that it would not be compatible with the SR land use designation north of the project site. The original SR for the area was required because there was no sewer available. With the growth of the City into this area, sewers are now available. The request (to LR) is typical of urban development within the City, and neither staff nor public agency has identified any unresolved issue with this proposal and the provision of public services. Council approval is recommended. Approved: 1)¿ Alan Christensen, i Assistant City Manager . . cc: Department Heads Rhonda Smiley, Public Infonnation Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Appointments ITEM: 5. (Ã. . TO: FROM: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk APPROVED DATE: May 12, 2006 DEPARTMENT HE CITY ATTORNEY CITY MANAGER SUBJECT: Two appointments to the Bakersfield Redevelopment Agency due to the resignation of Shirlyn Davenport, term expiring April 22, 2007, and Leonard SChroeder, whose term expired April 22, 2006. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are two appointments to the Bakersfield Redevelopment Agency due to the resignation of Shirlyn Davenport, whose term expires April 22, 2007, and Leonard Schroeder, whose term expired April 22, 2006. Applications for appointment to these positions have been received from the fOllowing: · Sara Takii · Danny Ordiz · Larry Koman The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven (7) members, appointed by the Mayor and approved by the Council. Agency members must be registered voters and residents of the City throughout the remainder of their term. The agency transacts business and exercises its powers under Community Redevelopment Law. Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall, 1501 Truxtun Avenue. May 12. 2006, 11 :25AM S:\Bds&CommIBRDAlAdmin May 06.dot ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: 10. D.. TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk May 12, 2006 APPROVED DEPARTMENT HEAæ CITY ATTORNEY f!¿ , CITY MANAGER SUBJECT: Approval of minutes of the May 10, 2006 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kI ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGEN~A SECTION: Consent Calendar ITEM: ~. b. . TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ ~ J1/~ DATE: May 11, 2006 SUBJECT: Approval of department payments from April 28, 2006 to May 11, 2006 in the amount of $11,252,475.11 and self insurance payments from April 28, 2006 to May 11, 2006 in the amount of $308,063.86. RECOMMENDATION: Staff recommends approval of payments totaling $11,560,538.97. BACKGROUND: RAR May 11. 2006. 11 :55AM C:IDocuments and SettingsldtamayoIDasktopIADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: 10. r_. APPROVED DEPARTMENT HEA~ CITY ATTORNEY _ CITY MANAGER /j:;" / SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section § 1.12.030, § 1.12.040 and § 1.12.050 by adding Annexation No. 467 to Ward 3, Annexation Nos. 484 and 490 to Ward 4 and Annexation 440 to Ward 5. (Wards 3, 4 and 5). TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director April 24, 2006 RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 467, 484,490 and 440 into corresponding Council wards. The annexations were approved by LAFCO recently. Annexation No. 467 is located generally south of the Rio Bravo Golf Course, east of Comanche Drive, north of Breckenridge Road. The site is undeveloped; however, the owner will develop up to 1,300 single and multiple family residential units at buildout on 620.04 acres. The property owner requested annexation to receive city services. Annexation No. 484 is located north of Snow Road, generally east of Allen Road. The property owner will develop the 22.5 acre site for industrial uses. The owner requested annexation to receive city services. Annexation No. 490 is located north of Brimhall Road, generally east of Jewetta Avenue. The site consists of 1.9 acres of land. The owner requested annexation to receive city services. Annexation No. 440 is located on the west side of Gosford Road, south of Panama Lane to McCutchen Road. The 300 acre site is undeveloped. The property owner plans to development the site for residential, regional retail, neighborhood retail and service industrial uses. The owner requested annexation to receive city services. DLlAdmin\5-24-467 -484-490-440 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: [.0. r1. TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney DATE: May 12, 2006 APPROVED DEPARTMENT HEAD of (); /1 CITY ATTORNEY;1d CITY MANAGER M..:: . SUBJECT: First Reading of an Ordinance Amending Section 14.04.120 of the Bakersfield Municipal Code Relating to Water Rates and Fees. RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: Over the years, there has been confusion regarding the various fees assessed for water-related services. This ordinance clears up the ambiguities. Additionally, when developers submit maps for approval and apply for water service with the City, they have been permitted to delay paying the availability fees by executing a note and deed of trust on the entire parcel. As phases of the parcel were developed and the phase maps finalized for recordation, the developer would pay the portion of the water availability fee which corresponded to that phase. As a result of this, staff was required to prepare deeds of partial reconveyance of the deed of trust as every phase of the parcel was developed. This amendment requires the developer to pay the entire fee when the application for water service is submitted. Government Code section 66007 permits the City to do this. May 12. 2006, 9:57AM S:\COUNCI L \Admins\05-0B Admins\wateravailabilityfees1 st.doc ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent \.; e. TO: FROM: DATE: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD APPROVED May 10, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving a Memorandum of Understanding for the Employees of the Association of Bakersfield Police Officers for Salaries and Related Benefits, and adopting Salary Schedule . RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is the result of meetings with the Police bargaining unit regarding wages and working conditions and it adopts the Memorandum of Understanding (MOU) and sets the salaries and other related benefits for the employees of the Association of Bakersfield Police Officers. All issues with this bargaining unit have been resolved. It is a three year and three month agreement and proposes salary adjustments of 3% effective April 1, 2005, 4% effective April 1, 2006 and 1% effective April 1, 2007. This MOU also folds the Police Sergeants into this bargaining group, as they had elected to be in 2004. Other key provisions include the following: · Newly hired employees will pay 6% employee contribution for their retirement plan, up from 5%, for the first 5 years of employment. · A retiree health savings plan will be established for all bargaining unit employees. The City will match 1 % of newly hired employees' non-mandatory contributions after 60 months of employment. · Elimination of subsidized retiree medical insurance for all newly hired employees. As a result of meet and confer sessions conducted within City Council guidelines provided to the City's labor negotiator and agreement on these items by members of the unit, staff is recommending approval of the proposed resolution. May 10, 2006, 10:05AM S:\ADMINRPnpolice MOU 5-06.dot "___._._._._ ___M.___'.__._ ".. _~.___.._.___._ ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: 19 ,.f. FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD /)1 . CITY ATTORNEY '2/}'}14 /l--v . CITY MANAGER TO: May 11, 2006 SUBJECT: Resolution adding territory, Area 5-26 (E. Panama, S. Union SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND; On May 10, 2006 the Council adopted Resolution of Intention No. 1456 to add territory, Area 5-26 (E. Panama, S. Union SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6333. Area 5-26 is generally bounded by E. Panama Lane on the north, a line approximately 1,980 feet east of S. Union Avenue on the east, a line approximately 1,320 feet south of E. Panama Lane on the south and S. Union Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD5-26_Est.dot ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: c.on~entCo..lendo..v- ITEM: 1.9. 0. . U May 8,2006 CITY ATTORNEY APPROVED ~ 91k TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY MANAGER SUBJECT: A Resolution for the adoption of a County Transportation Expenditure Plan. (All Wards). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Local governments have identified a local transportation need of more than $1.75 billion in addition to traditional funding sources. It has been determined that a local one-half cent sales tax for Kern County will raise an estimated $900 million during the 20 years the sale tax is in affect. In order for the measure to move forward to a vote in November, the attached Resolution, including the expenditure plan, must be approved by the City of Bakersfield. The Kern Council of Governments has worked with the citizens group, Kern Taxpayers for Safety and Congestion Relief, to develop an expenditure plan in compliance with Section 180206 (a) and (b) of the Division 19 of the Public Utilities Code. The basis for allocating a fair share to a given area is the 2007 population of the sub-areas defined in the expenditure plan. Each of the sub-areas is guaranteed to receive their share of funding. The California Transportation Commission has adopted a policy that provides that local funding of at least fifty percent (50%) is required to receive project funding from the Interregional Improvement Program. In order to place the expenditure plan on the ballot for the November 7, 2006 election, the approval required the following: 1. A majority of the cities. 2. A majority of the cities, representing a majority population. 3. The Board of Supervisors. 4. The Kern Council of Governments Board of Directors. Kern COG has scheduled the final approval of the draft expenditure plan for its June 15, 2006 meeting. They are requesting approval of the draft expenditure plan by resolution of the Bakersfield City Council. G:\GROUPDAT\ADMINRPT\2006\05-24\Admin_County Transportation Exp Plan.doc ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: APPROVED DEPARTMENT HEAD_~ _ CITY ATTORNEY 7)0 ~d.5- CITY MANAGER k SUBJECT: Resolution to Congressman Jim Costa and Congressman Bill Thomas to Request Emergency Funding for the Army Corps of Engineers to Expedite the Investigation, Monitoring, Studies and Repairs of the Lake Isabella Dam and Reservoir Project. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager May 16, 2006 RECOMMENDATION: Water Board and staff recommend adoption of the Resolution. BACKGROUND: The City owns Kern River water rights and has storage rights in Isabella Reservoir. The City also operates and maintains the Kern River Levee District and the embankment system that protects a large part of Bakersfield from flooding. On April 28, 2006 the United States Army Corps of Engineers ("Corps") acting upon technical advice of the Corps Dam Safety Committee declared that the Isabella project was potentially at risk and took over operational control of the outflow from the dam and reservoir and also ordered the restriction of storage to approximately 360,000 acre-feet (2,585.5' elevation). The Corps has placed the Isabella project #1 on its risk assessment list due to seismic concerns, seepage at the Auxiliary Dam and the potential damage that may occur should downstream flooding result from the failure of the Auxiliary Dam when the lake was full. The Corps has pertormed preliminary research, geologic and engineering work, but needs to complete the work and evaluation before rendering solutions and repair to the Isabella project. The Corps has indicated that until such studies and evaluations are complete, the storage restriction will continue. The Corps has also pointed out that it may take 3 or more years to complete the studies before any remedial action to correct any found problems would take place. Despite assurances from the Corps that '1his dam is safe" and "The Army Corps of Engineers will not allow a dam to fail on our watch", the citizens and residents of Bakersfield are concerned and are asking questions about the potential to flood. The Corps needs to accelerate the evaluation process, immediately correct any deficiencies and lay to rest fears the public may have concerning the Isabella project. May 17, 2006, 9:21AM May241sabellaReso _ ..__ "'~. .__, "_ _·~__··,_·_,__,.__,,_,__u_~,,__.________,. ADMINISTRATIVE REPORT The Isabella Dam and Reservoir project area includes the dam facilities and the valley floor areas of Bakersfield and the county, whose Congressional representation is provided by Congressman Jim Costa and Congressman Bill Thomas. This resolution is to request that the representatives seek emergency funding for the Corps to complete their studies and repair the project. This Resolution was presented to the City Water Board at its May 17, 2006 meeting and the Board recommended the City Council adopt the resolution, forward the Resolution to Congressman Bill Thomas and Congressman Jim Costa, and to the Corps to assist in their efforts to find the problem and affect repairs. May 17. 2006, 9:21AM May241sabellaReso ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGEND~ S~CTION: Consent Calendar ITEM: /0.1. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY J2.;JJd CITY MANAGER .11c- SUBJECT: Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as: FROM: Stanley C. Grady, Development Services Director DATE: April 27, 2006 1. Annexation No. 495, consisting of 60.88 acres, located north of Reina Road to Kratzmeyer Road, west of Allen Road. (Ward 4) 2. Annexation No. 512, consisting of 46.14 acres, located north of Snow Road, east of Calloway Drive, west of the Calloway Canal. (Ward 4) 3. Annexation No. 527, consisting of 81.06 acres, located west of Gosford Road, generally north of Taft Highway. (Ward 5) 4. Annexation No. 537, consisting of 79.01 acres, located north of Snow Road, between Coffee Road and Calloway Road, south of Etchart Road. (Ward 4) 5. Annexation No. 546, consisting of 22.32 acres, located south of Berkshire Road, east of South Union Avenue. (Ward 1) 6. Annexation No. 541 contains 6.67 acres, located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexations are identified as Annexation 495, consisting of 60.88 acres, Annexation No. 512 containing of 46.14 acres, Annexation No. 527, consisting of 81.06 acres, Annexation 537 consisting of 79.01 acres, Annexation No. 546, consisting of 22.32 acres and Annexation No. 541, consisting of approximately 6.67 acres. Each annexation is adjacent to the City limits and all are within the City's Sphere of Influence boundary. ADMINISTRATIVE REPORT Page 2 The property owners have consented to annexation. Annexation Nos. 495, 512, 527, 537 and 546 propose to annex the land for development purposes and receive city services. Annexation 541 is a County owned roadway. The City has negotiated an agreement with the County to convey the roadway and the City will maintain all parts of the road. The City needs the roadway to provide access for development. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DlladminI5-24-495,512,527,537,546 and 541 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: In ì. '-.! TO: FROM: DATE: Honorable Mayor and City Council April 17, 2006 CITY ATTORNEY CITY MANAGER APPROVED ~¡f¿ -' ~ ,fe/ . Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1450 to order the vacation of the superceded right of way dedication (described as irrevocable offer of street dedication, document number 0199183290) located southwesterly of the intersection of Sillect Avenue and Arrow Street (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: As part of Agreement No. 00-226 (page 2, nos. 2 and 4) that the City of Bakersfield (City) and Heart Hospital of BK, LLC (Developer) entered into, the City will process a vacation of the superceded right of way dedication (recorded doc. no. 0199183290) and the Developer will dedicate an irrevocable offer of right of way dedication (recorded doc. no. 0201132221) to the City. Said right of way dedication is part of the future Oak Street alignment. The Developer has already dedicated the irrevocable offer of street right of way to the City. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on April 25, 2006 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. May 9, 2006, 2;44PM G :IGROUPDA TlADMINRPT\2006105-24IROI 1450-admin ADMINISTRATIVE REPORT It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of June 21, 2006, on the proposed vacation. May 9, 2006, 2:44PM G:\GROUPDA T\ADMINRPì\2006l05-24\ROI 1450-admin . -_._.......~_._.-----~_. ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: 10 .IC TO: Honorable Mayor and City Council DATE: April 19, 2006 CITY ATTORNEY CITY MANAGER APPROVED øl( ~ /!& FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: Resolution of Intention No. 1453 preliminarily adopting, confirming and approving Public Works Director's report for the Traffic Signal Maintenance Districts and the 2006-2007 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Wards 1, 3, 4, 5, 6 and 7) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: Since the approval of Resolution 161-94 on September 28,1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals, the Council has approved twelve (12) Traffic Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3 (Rosedale, Jet Way), TS-4 (Calloway, Gleneagles), TS-5 (NW Promenade, Phase 2), TS-6 (E. Brundage, Hayes), TS-7 (Mt. Vernon, Bernard NE), TS-8 (Calloway, Hageman NE), TS-9 (Gosford Village), TS-12 (Panama and Wible Shopping Center), TS-13 (Panama and Stine Shopping Center) and TS-14 (Ming, S. Allen SE). The Bakersfield Municipal Code requires an annual hearing to set the assessments for each parcel. To simplify the hearing process, due to the small number of property owners, the hearings for all twelve districts will be combined. Budgets for each district will remain separate. Assessments are not being increased for any of the twelve districts. All districts are therefore exempt from the procedures and approval process of Proposition 218. For all the districts, the proposed 2006-2007 budget, Exhibit "0" are attached to this Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B", the Benefit Formula, Exhibit "c" and the Assessment Roll, Exhibit "E", are on file in the City Clerk's Office. This resolution preliminarily approves the Public Works Director's Report, the 2006-2007 budgets and sets the protest hearing for the Council meeting on Wednesday, June 7, 2006 at 6:30 pm. de April 19, 2006, 2:08PM S:\PROJECTS\MAINDIST\TRAFSIG\Admin\TS~FY06-07-ROI-All.dot ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: 10.1 TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ß¿ íJJri4' J.4v May 9, 2006 SUBJECT: Resolution of Intention No. 1454 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2006-2007 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2006-2007 budget for the Consolidated Maintenance District. As of January 12, 2005, all new developments that benefit from public parks and/or street landscaping shall be added to the Consolidated Maintenance District and shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2006-2007 budget, Exhibit "0" is attached to the Resolution of Intention. For all new territories, their Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B", the Benefit Formula, Exhibit "c" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 7, 2006, at 6:30 P.M. , de May 9, 2006. 9:45AM S:IPROJ ECTSIMAINDIST\ADMI NRPT\ADM_CMD _06-07 _Roi_Pk.dot ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION; Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY May 8, 2006 CITY MANAGER ~/ SUBJECT: Resolution of Intention No. 1455 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District and the 2006-2007 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. This Resolution preliminarily approves the Public Works Director's Report which includes the 2006-2007 budget for the Consolidated Maintenance District. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12,2005, all new developments that benefit from public parks and/or street landscaping shall be added to the Consolidated Maintenance District and shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2006-2007 budget, Exhibit "D" is attached to the Resolution of Intention. For all new territories, their Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B", the Benefit Formula, Exhibit "c" and the Assessor's ROll, Exhibit "E", are on file in the City Clerk's Office. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 7, 2006, at 6:30 P.M. de May 8, 2006, 2:08PM S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_06-07_Roi_St.dot ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDTA SECTION: Consent Calendar ITEM: ". n , TO: FROM: DATE: Honorable Mayor and City Council May 10,2006 CITY ATTORNEY CITY MANAGER ff_ , Raul M. Rojas, Public Works Director DEPARTMENT HEAD SUBJECT: McAllister Ranch Planned Sewer Area (Ward 4) 1. Resolution of Intention No.1457 to establish the McAllister Ranch Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (First Reading) RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of the ordinance. BACKGROUND: The City has prepared a master sewer study for an area generally bounded by the Southern Pacific Railroad on the north, Buena Vista Road on the east, 14 mile south of Panama Lane on the south and Nord Road on the west, and has preliminarily designed the "backbone" sewer system to serve this area. A developer has constructed a sewer trunkline in Panama Lane west of Buena Vista Road as the first link in a major trunk line in this "backbone" system. The funds collected as new and existing parcels within the area develop will be used to reimburse the developer for the cost of their portion of the project, and will also be used to either construct the remainder of the system or to reimburse any developer that builds a portion of the system (the developer would only be reimbursed for that portion of the cost that is over their proportionate share of the cost of the system). This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the McAllister Ranch Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. mps May 10, 2006, 2:17PM S:IPROJECTSIPSA,PDAlAdminlMcAllisterRanchPSAroi. DOC .,-----~ -"'-"--"-'~~-'--'-"-~--'---'" ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: I J . C) . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER May 9, 2006 SUBJECT: Resolution of Intention No. 1458 to order the vacation of the northern 15 feet of right of way along Berkshire Road between Granite Hills Street and Shallow Cove Way, also the temporary access, turnaround, and slope easement located northwest of the intersection of Berkshire Road and Granite Hills Street. (Ward 7) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Mcintosh & Associates, on behalf of Greenfield Union District is in the process of developing engineering site plans for the construction of Granite Pointe Elementary School. This development requires the 15 feet of right of way on Berkshire Road for parking space purposes. To match what exists, the School District will be completing the construction of the north half of Berkshire Road as a local street with 60 foot-wide right of way per City's standards. The temporary, turnaround, and slope easement mentioned above is also part of the property owned by the School District. This easement will no longer be needed by the City because the School District will be constructing a local street, Greenland Way, along the west side of said Parcel 1 where the existing easement is. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. PG&E requests that the portion to be vacated be reserved as public utilities easement for their existing facilities within the area. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on April 25, 2006 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. May 16, 2006, 11:41AM G:\GROUPDA'T\ADMINRPT\2006\05-24\ROI1458 admin ADMINISTRATIVE REPORT It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of June 21, 2006, on the proposed vacation. May 16, 2006, 11:41AM G:\GROUPDAT\ADMINRPTI2006\05-24\ROI1458 admin ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director May 5, 2006 DEPARTMENT HEAD DATE: CITY ATTORNEY CITY MANAGER fiG- , SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6475 Phases 4 and 5 located east of Ashe road and north of Panama Lane. (Ward 6) (2) Final Map and Improvement Agreement with Centex Homes for Tract 6349 Phase 3, located north of Panama Lane and west of Buena Vista Road. (Ward 5) (3) Final Map and Improvement Agreement with McMillin Albany, LLC, for Tract 6169 Phase 5 located north of Panama Lane and east of Old River Road. (Ward 5) (4) Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6290 Unit 2 located south of McKee Road and west of Stine Road. (Ward 6) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. SUCh improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. td M~y 5, 2006, 3:08PM G:\GROUPDAT\ADMINRPT\2006\05-24\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED CITY MANAGER ~ Æ~ /t~ DATE: May 17, 2006 CITY ATTORNEY SUBJECT: General Plan Amendment/Zone Change No. 05-1580 (10 Section LP), generally located at the southeast corner of Panama Lane and Nord Road. (Ward 4/5 Upon Annexation). 1. Agreement with 10 Section LP ($192,645.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $192,645.00, the developer's contribution, to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($144,845.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change for General Plan Amendment No. 05-1580. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: 10 Section LP is proposing the development of approximately 797 single-family homes on 220 acres generally located at the southeast corner of Panama Lane and Nord Road. Applicant - City Agreement: This agreement acknowledges that 10 Section LP will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $192,645.00, which consists of $144,845.00 for consulting services and $47,800.00 to reimburse the City for its costs in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 05-1580 by RBF Consulting. PH\AdminI5-24-1580 ADMINISTRATIVE REPORT / MEETING DATE: May 24,2006 AGENDA SECTION: Consent Calendar ITEM: [O.t"', TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY r CITY MANAGER APPROVED ;1l- April 27, 2006 SUBJECT: Construction Project Agreement with Floyd Johnston Construction Company, Inc. to construct the McCutchen/Gosford sewer lift station for Wastewater Treatment Plant No. 3, time and materials, not to exceed $6,500,0001 (Ward 6). RECOMMENDATION: Staff recommends approval of Construction Project Agreement. BACKGROUND: On March 8, 2006, Council approved Resolution 076-06 dispensing with bidding procedures for the construction of a permanent pump station for Wastewater Treatment Plant NO.3. Since this meeting, staff has continued with the design of the McCutchenlGosford sewer lift station. Utility companies have been contacted and made aware of this emergency project. The engineers at Parsons, the outside consulting firm hired by the City to work on this project, have continued working on the design, and the plans for the project are approximately 50% complete. The City has had a chance to review and comment on the plans and design prepared by Parsons. In addition, the City is in the process of completing review of the procurement packages to purchase some of the long lead-time items. City staff has spoken with contractors regarding the construction work involved with this project; and through informal evaluations has determined the Floyd Johnston Company to be the most sensible choice for this project. Floyd Johnston has proven to the City to be a well trusted firm. They are an experienced construction firm and continue to impress City staff with their construction knowledge and abilities. Their experience also includes working with Parsons in other similar projects. They are currently the contractor for the Trunk Sewer Replacement Project for Planz Road. The fact that they are currently mobilized in the City and have experience working with the designing engineering team will translate over to the overall cost of the project. Staff recommends Floyd Johnston Company to perform the construction work for this project. The contract with Floyd Johnston to construct the McCutchen/Gosford Sewer Lift Station will not exceed $6,500,000 in time and materials. G:\GROUPDAT\ADMINRPT\2006\05-24\McCutchen Gosford Lift Station Admin.doc Created on 4/25/2006 8:57:00 AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: to ,C; TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Iè ./ SUBJECT: Agreement with BSK Associates (not to exceed $47,840) to provide groundwater sampling and reporting services for Wastewater Treatment Plants Nos. 2 and 3 (Wards 1 & 6). DATE: April 28, 2006 RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Wastewater Treatment Plants Nos. 2 and 3 are operated under permits issued by the California State Water Resources Control Board (CSWRCB). These permits require the ground water monitoring of our on-site water wells at Plant 2, City Farm, Plant 3, and Green Acres Farm located at Interstate 5 and Taft Highway where the Plant 3 effluent is reused for farming irrigation. The consultant will monitor and sample these water wells and submit the reported results to the CSWRCB for their review. On March 15, 2006, six proposals were received in response to the City's Request for Qualifications/Request for Proposal. BIDDER BSK Associates Bakersfield, CA PROPOSAL AMOUNT $47,840 Environmental Engineering and Contracting, Inc Santa Ana, CA $58,900 Kenneth D. Schmidt and Associates Bakersfield, CA $73,000 Soils Engineering, Inc. Bakersfield, CA $75,000 Geomatrix Associates Bakersfield, CA $99,725 Geologic Associates San Diego, CA $130,000 Based upon the selection committee's review of the Statements of Qualifications that were submitted by those firms, the committee recommends award of consultant agreement to BSK Associates. Sufficient funds are budgeted to cover this agreement. G:\GROUPDAT\AOMINRPT\2006\05-24\Groundwater monitorlng.doc Created on 51212006 11 :43:00 AM ADMINISTRATIVE REPORT MEETING DATE May 24,2006 AGENDA SECTION: ITEM: l£. +- Consent Calendar TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY t CITY MANAGER ~./ , FROM: DATE: Florn Core, Water Resources Manager May 1, 2006 SUBJECT: Agreement with the Kern County Superintendent of Schools for use of Proposition 12 Funds to construct a Kern River Educational Pavilion at the California Living Museum. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: One of the projects approved by the State Resources Agency, administrators of Proposition 12 grant funds, is the construction of a Kern River Education Pavilion and Interpretive Overlook of the Kern River at the California Living Museum (CALM) adjacent to the Kern River Parkway. The goal of the Project is to educate the public about the Kern River, native plants and habitats unique to the river environment. The project will include a decorative concrete hardscape, covered with a 3D-foot hexagonal panel, multi-level 12-foot shade structure. The centerpiece of the Pavilion will be a hands-on interactive water table designed to look like a mini-river surrounded by boulders similar to a rock fountain or swimming pool but on a smaller scale. Since the project will be located at the California Living Museum, the Kern County Superintendent of Schools (KCSOS) would be the lead for engineering and construction of the project. The City of Bakersfield has authority from the State Resources Agency to construct improvements along the Kern River Parkway utilizing Proposition 12 (Park Bond 2000) grant funds. The terms and conditions for construction of the projects and specific use of the funding have been formalized in Grant Agreement No. Z2-1 between our agencies. This agreement would allow for the construction of a Kern River Pavilion and Interpretive Overlook of the Kern River at CALM by the Superintendent of Schools under the terms of the Prop12 Grant Agreement No. Z2-1. It is estimated that the Project shall cost approximately ninety-five thousand, five hundred dollars ($95,500.00) and will be completed by August 2006. The City's contribution to the Project shall not exceed fifty-five thousand, four hundred forty-six dollars ($55,446.00). KCSOS shall be responsible for all costs which exceed City's contribution of Prop 12 grant funds. The CITY will reimburse KCSOS for its share of the Project within 30 days after receipt of grant funds from the State Resources Agency. Funding for this project is currently available within the Water Resources Department FY 2005-06 Capital Improvement Budget. This is the final of seven Capital Projects constructed along the Kern River Parkway with Prop 12 grant funds. C:\Documents and Settings\mrandaIl\Desktop\admin052506KCSOS.doc ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: I.. /J . TO: FROM: DATE: Honorable Mayor and City Council Ron Fraze, Fire Chief May 10, 2006 ( CITY ATTORNEY CITY MANAGER .;i.~" DEPARTMENT HEAD SUBJECT: Agreement with Kern County allowing City to enter into contracts with vendors that will be paid by Homeland Security Grant funding. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The County of Kern is the designated sub-grantee for Homeland Security Grants for the Kern Operational Area. The City is part of the Kern Operational Area and as such, is eligible to receive Homeland Security grant funded equipment, software, training, or other professional services. In many cases, the purchases of these items require a contract between the user (the City) and the vendor. When this equipment, software, training or other professional services for the City are to be procured with Homeland Security Grant funds, this agreement will allow the City to directly negotiate, approve and sign such contracts with the vendors. However, the County will continue to pay the vendors in accordance with their grant guidelines. May 12. 2006, 10:5OAM S;\SUSANlAdmin Report WordlHS Grant funds & contrac1s.doc ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: Consent Calendar ITEM: {n 1/. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTIViENT HEAD CITY ATTORNEY CITY MANAGER APPROVED n DATE: May 8, 2006 SUBJECT: Amendment NO.1 to Agreement No. 05-442 ($101,078.75; revised not to exceed of $350,000) with Krazan & Associates, Inc., for providing geotechnical and material testing services. RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The City entered into Agreement No. 05-442 on December 14, 2005 for providing geotechnical and material testing services during the construction phase of the City's CIP projects. This Amendment is to expand the scope of work to include geotechnical and material testing services during the design phase of the City's CIP projects. Those additional services include asphalt coring, pavement thickness determination, soil boring testing, percolation testing, R-value determination, and density testing. The total amount of the Amendment for the services is $101,078.75. This changes the not-to-exceed compensation amount in the original agreement from $248,921.25 to $350,000. (Ies. PWEngr) May 8. 2006. 11 :07AM S:\PROJECTS"\LCS\Projeets 2005 . 2006\Amendment 1 to Agreement No. 05-442.doe ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Consent Calendar ITEM: l/). vJ. TO: Honorable Mayor and City Council May 12, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Va v{i- /$e- . FROM: DATE: Virginia Gennaro, City Attorney SUBJECT: Amendment NO.1 to Agreement No. 06-101 (formerly known as Agreement No. CA05-013) with outside counsel, Clifford & Brown for legal services in the matter of Elizabeth Ann Peel, et al v. City of Bakersfield, et ai, KCSC Case No. S-1500-CV-254827-SPC, in the amount of $190,000, with a total contract amount not to exceed $340,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: This is a wrongful death lawsuit alleging a dangerous condition of public property, negligence, products liability, and breach of warranty arising out of the motor vehicle collision which occurred on Alfred Harrell Highway. The decedent was struck head-on by a 2001 Toyota MR2. The City is represented by Mike O'Dell of Clifford & Brown. On April 26th City Council approved Amendment No.2 to Agreement CA05-013 (said Agreement then became known as Council Agreement No. 06-101), which had the sole purpose of adding $110,000 to the existing $40,000 contract with Clifford & Brown. Since this is a complex-serious matter and there are funds available in the City Attorney's budget, staff desires another Amendment to encumber the available 05/06 funds through Fiscal Year 07108. It should be noted that we are not seeking additional appropriations of funds. In other words, the amount being proposed was budgeted and approved in the 05-06 fiscal year. This Amendment No.1 to Agreement No. 06-101 (formerly known as Agreement No. CA05-013) would add $190,000 to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $340,000. GG:dll S:\COUNCIL\Admins\05"()6 Admins\AttyAgr06-101Arnd1.Clifford&Brown.PeeLdot May 12. 2006, 11:57AM - -.-.---.-- ~_. '-'--'-"'~-----'-'-"~'-""-'-"--"-"-- ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGEND A SECTION: Consent Calendar ITEM: I" ." TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 11, 2006 CITY ATTORNEY CITY MANAGER APPROVED A/5 ¡;f; Ae-. SUBJECT: Reject all bids for the construction of two (2) concrete block pump houses, pumps and motors for the Ashe Road Water Well Project (CBK-45 and L-212). (Ward 6) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were issued for construction of two (2) concrete block pump houses and installation of pumps, motors and appurtenant equipment for the Ashe Road Water Well project (CBK- 45 and L-212). Six (6) bids were received in response to solicitation and of the six (6) bids received, two (2) did not meet the bidding requirements related to subcontracting; the remaining four (4) bids were over budget. Staff recommends rejection of the remaining bids so we can amend the specifications and re-bid the project. We believe the adjustments to the bid specifications will allow an opportunity for the City to receive bids that are in line with the budget for this project. Purchasing Division DWljm S:\PURCHIADMINIReject Bids - Concrete Block Pump Houses (CBK-45 & L-212), May 24, 2006.doc May 12, 2006 ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGEN~A SECTION: Consent Calendar ITEM: ('V. . . I TO: APPROVED DEPARTMENT HEAD /¡f( / CITY ATTORNEY 1'-;,' CITY MANAGER ~./ SUBJECT: Accept bid to award contract to Loop Electric Inc. ($115,495.02) for the Traffic Signal and Lighting System Installation at the Intersection of Fairfax Road and Highland Knolls Drive (Ward 3). Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 8, 2006 RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The project consists of a complete traffic signal and lighting system installation, and reconstructing access ramps to meet current ADA requirements. This project is funded entirely with Transportation Development Funds. The Engineer's Estimate for this construction contract was $120,678.50. Sufficient funds are available to award this contract. On May 3, 2006, two acceptable bids were received as follows: Loop Electric Incorporated 7040 Downing Avenue Bakersfield, California 93308 (County) in the amount of $115,495.02 TES Electrical Contractors Incorporated 5306 Aldrin Court Bakersfield, CA 93313 (City) in the amount of $127,900.00 Ics - pw/engineering May 8, 2006, 11 :07AM S:\PROJECTS\LCS\Projects 2004 - 2005\T5K142 Sig New Fairtax@Highland Knoll\TS INSTALLATION FAIRFAX AT HIGHLAND KNOLLS.doc ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: Consent Calendar ITEM: V, z.. FROM: ~VED DEPARTMENT HEAD . . CITY ATTORNEY J1 CITY MANAGER ~ ~ Accept bid to award contract to Nicholas Construction ($2,265.790) to construct sewer, storm drain, and street improvements along Allen Road from Rosedale Highway to Hageman Road (Ward 4). Raul M. Rojas, Public Works Director TO: Honorable. Mayor and City Council DATE: April 26, 2006 SUBJECT: RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: The work consists in general of the construction of an 18 inch diameter sewer line. modifying an existing lift station, and street improvements. The new sewer will serve a newly annexed area to the City. During early discussions with the County about this project, the County requested that new curb, gutter, and roadway pavement be provided in the length of project from Rosedale Highway to Meacham Road. The limits of the roadway improvements were defined by County input and generally constrained by existing right of way that is currently available. The project will eliminate the need for an existing long sewer force main and otherwise reduce the current heavy use of pumps at the Hageman Lift Station. This station has seen recent heavy use of the pumps due to the growth of new homes in the Northwest. A recent, previous developer agreement allowed construction of sewer line from Noriega Road to the Lift Station on Hageman as the first part of this project. That work is already completed. This project was previously bid in August 2005 with a low bid of approximately $3.4 million. At that time the City rejected those bids, repackaged the project, and invited other bidders, with a goal of reducing the cost of the project. For the latest bid opening, the City had developed a Final Bidders List of ten firms. Project funding comes from the Sewer Enterprise Fund and a County contribution of $500,000.00, per Agreement No. 05-229. Three acceptable bids were received on April 13, 2006 as follows: Nicholas Construction 1975 Airport Drive Bakersfield, CA 93308 (City) in the amount of $2,265,790.00 HPS Mechanical, Inc. 3100 E.Belle Terrace Bakersfield, CA 93307 (City) in the amount of $3,245,852.00 Griffith Company 1898 S. Union Avenue Bakersfield, CA 93307 (City) in the amount of $3,655,665.00 Reblpw/engrlE4KI04 G:\GROUPDA1\ADMINRP1\2006\05-24\Award Allen Rd Sewer Project.doc ADMINISTRATIVE REPORT MEETING DATE May 24, 2006 AGENDA SECTION: ITEM: l.t. a/À.. Consent Calendar TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~ CITYMANAGER~ FROM: Florn Core, Water Resources Manager DATE: May 10,2006 SUBJECT: Accept bid and award contract to Bakersfield Well & Pump Company ($1,067,145.00) for drilling and pump testing three domestic water wells; CBK-47 located on Rockefeller Court; CBK-48 located on Barley Harvest Ave; CBK-49 located on the southeast corner of Pensinger & Entrada Del Auqua. (Ward 4) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This Project will add three (3) new domestic water wells to the Ashe Fairhaven system providing for needed capacity and pressure to the City of Bakersfield's expanding Southwest side of town. The project will include drilling and pump testing of Ashe Water Wells CBK-47, 48, and 49. Four bid packs were dispersed from the City of Bakersfield purchasing office with only one bid retumed by Bakersfield Well and Pump Company. Previous domestic water well drilling contracts have been awarded to Bakersfield Well and Pump Company, being the low bidder for the projects, with comparable overall costs and resulting in good water quality wells with few change orders required for completion of the new wells. One bid was received on May 5th, 2006 for this project, as follows: Bakersfield Well and Pump Company 7212 Fruitvale Avenue Bakersfield, CA 93308......... ...... ...... ......... ............................... in the amount of: $1,067,145.00 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 Consent Calendar TO: Honorable Mayor and City Council CITY MANAGER FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: May 12,2006 CITY ATTORNEY SUBJECT: Appropriate $1,000,000 California Housing Finance Agency (CaIHFA) loan funds to the Old Town Kern Redevelopment Project Area, Operating Fund for the Baker Street Mixed Use Project - The Village at Baker Street. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The ·Village at Baker Street" project will include 54,000 square feet of retail space to be located in five new buildings, and the rehabilitation of the 20,000 sq. ft. Coronet Building. The project will also include 32 residential lofts above three of the new retail buildings, 30 residential town homes, and 22 one bedroom flats plus lofts condominium units. All of the residential units will be "for sale" product and will be both market and affordable. The Agency has completed the demolition of the vacated buildings on the project site. Staff and the developer are currently reviewing the Disposition and Development Agreement (DDA) that contains the specific scope of the development, the Agency financial participation requirements, the schedule of performance, evidence of private financing, required insurance, and job creation requirements. City Council and Redevelopment Agency consideration of the DDA and related 33433 hearings are scheduled for June, 2006. In February 2006, staff received approval of a $1,000,000 CalHFA HELP Loan for the Baker Street Mixed Use Project. The HELP loan funds will be used exclusively to finance the predevelopment costs related to the development of the affordable housing units for the Village at Baker Street. S:\Admins\City Council\City Council Admins 2006\CaJHFA Baker Street approp.doc 5/12/2006 9:14 AM ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. Dc . TO: Honorable Mayor and City Council CITY MANAGER FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY May 9, 2006 SUBJECT: Public Hearing to consider Resolution ordering the vacation of the entire alley between Lake Street and Kentucky Street, from King Street to Baker Street, and portion of the alley between Lake Street and Kentucky Street, from Baker Street to Kern Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: General Plan Amendment/Zone Change No. 05-1930 to change the land use designation from GC (General Commercial) to MUC (Mixed Use Commercial) on 6.61 acres and a Zone Change from C-2 (Regional Commercial Zone) to P.C.D. (Planned Commercial Development Zone) on the same 6.61 acres. The proposal includes the vacation of the portion of the alley between Kentucky Street and Lake Street within the project site; this area is proposed to be utilized for vehicular access to on-site parking and for pedestrian access and landscaping. A disposition and development agreement (DDA) between the City, Redevelopment Agency, and The Triumph Companies will assure the type, character and quality of the development and will establish the development requirements and financial commitments of the respective parties. The project would allow for the development of approximately 84 multi-family residential units and approximately 54,084 square feet of retail space, in addition to the renovation and reuse of an existing commercial building on the west side of Baker Street for retail and office uses. Quad Knopf, on behalf of the City Bakersfield Economic Development, atelier V, and The Triumph Companies, requests that the City to vacate the alley between Lake Street and Kentucky Street, from King Street to Baker Street, and a portion of that alley between Lake Street and Kentucky Street, from Baker Street to Kern Street. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. The utility companies serving the area have been notified by mail and no objections have been received as of the date of this report. May 9, 2006, 9:22AM G:\GROUPDAl\ADMINRPT\2006105-24\ROI1449-final admin ADMINISTRATIVE REPORT Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The City of Bakersfield Planning Department has completed an initial study of the possible environmental effects of the described project and has determined that a Negative Declaration is appropriate. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1449 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of April 26, 2006. Notice of this public hearing has been duly advertised and posted as required by law. May 9, 2006, 9:31AM G:\GROUPDAT\ADMINRPT\2006\05-24\ROI1449-final admin ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: 1. h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED CITY MANAGER May 4, 2006 CITY ATTORNEY SUBJECT: General Plan Amendment/Zone Change 05-1930 (Ward 2) Quad Knopf, representing the Bakersfield Redevelopment Agency, the property owner, has applied for a general plan amendment and zone change on 6.61 acres comprised of the block bounded by Baker Street, Lake Street, King Street, and Kentucky Street and a portion of the block bounded by Baker Street, Lake Street, Kern Street, and Kentucky Street. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to MUC (Mixed Use Commercial) on 6.61 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-29 from C-2 (Regional Commercial Zone) to P.C.D. (Planned Commercial Development Zone) on 6.61 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 84 multi-family residential units and approximately 54,084 square feet of retail space, in addition to the renovation and reuse of an existing commercial building on the west side of Baker Street for retail and office uses. The proposal includes the abandonment of the portion of the alley between Kentucky Street and Lake Street within the project site; this area is proposed to be utilized for vehicular access to on-site parking and for pedestrian access and landscaping. A disposition and development agreement (DDA) between the City, Redevelopment Agency, and The Triumph Companies will assure the type, character and quality of the development and will establish the development requirements and financial commitments of the respective parties. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures ADMINISTRATIVE REPORT Page 2 which address cultural resources and various site development issues are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 6, 2006, in accordance with CEQA. Phladmin\5-24-1930 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: 1.('. TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED DATE: May 12, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 05-0423 (Ward 6) SmithTech/USA, Inc. representing Pascoe Family Investments, LLC, the property owner, has applied for a general plan amendment and zone change on approximately 100 acres located at the northeast corner of Gosford Road and McCutchen Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 100 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1 (One Family Dwelling Zone) on approximately 100 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of an ordinance. BACKGROUND: The proposal would allow for the development of approximately 350 single-family residential units on the 1 DO-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. A nearby industrial business (Golden Empire Concrete at the southwest corner of Gosford Road and McCutchen Road) requested several conditions of approval be added to address issues related to noise, lights, dust and traffic; the applicant agreed and the Planning Commission incorporated them into the recommended conditions of approval for the project. A copy of the agreement between the applicant and Golden Empire Concrete is included in the backup for this item. In addition, conditions of approval and mitigation measures which address air quality, traffic, hazards, public services and cultural resources impacts are recommended as part of the project approval. -------~-_....,~_.." ADMINISTRATIVE REPORT Page 2 Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 1, 2006, in accordance with CEOA. Ck:\admin\5-24-0423 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. d TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED DATE: May 4, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 05-1445 (Ward 6) Mcintosh & Associates, representing Castle & Cooke California, Inc., the property owner, has applied for a general plan amendment and zone change on 9.88 acres located at the northeast corner of Panama Lane and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to HMR (High Medium Density Residential) on 9.88 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-22 from C-2 (Regional Commercial Zone) to R-2/P.U.D. (Limited Multiple-Family Dwelling ZonelPlanned Unit Development Zone) on 9.88 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 85 single-family residential units on the approximately 10-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address cultural resources, traffic, and utilities are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 15, 2006, in accordance with CEOA. PHlAdminlS-24-1445 _.. .._- - ._"--"--~---_.~--~-- ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGEND~ SECTION: Hearings ITEM: 'I.P". TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD April 27, 2006 CITY A TIORNEY CITY MANAGER APPROVED ~ WM . ~ , SUBJECT: General Plan Amendment/Zone Change 05-1452 (Ward 6, upon annexation) SmithTech/USA, Inc., representing OMAX, LLC, the property owner, has applied for a general plan amendment on 80 acres, located at the northwest corner of Taft Highway and Gosford Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 70 acres and GC (General Commercial) on the remaining 10 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and A to C-2 (Regional Commercial) on 10 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 281 single-family residential units and 82,000 square feet of commercial space on the 80 acre project site. The general area is transitioning from agricultural to typical urban development. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on April 6, 2006. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 6, 2006, in accordance with CEQA. JS:\AdminI5-24-1452 ~-----.__. ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. .f. TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED CITY MANAGER 7;C/ IJøz4- k - DATE: April 27,2006 CITY ATTORNEY SUBJECT: General Plan Amendment No. 05-0424 (Ward 1) Pinnacle Engineering, representing Donald & Virginia Robson Trust, the property owner, has applied for a general plan amendment on 55 acres, located at the southeast corner of Watts Drive and Cottonwood Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from LI (Light Industrial) to LMR (Low Medium Density Residential) on 55 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment. BACKGROUND: This amendment to the general plan would allow for the development of approximately 286 single- family residential units on the 55 acre project site. The existing zoning on the site is R-2 (Limited Multiple Family Dwelling), which permits the construction of single-family residential development. The current land use designation LI (Light Industrial) only permits the development of light manufacturing and commercial uses. The applicant's proposal brings consistency between the existing zoning (R-2) and the proposed general plan land use (LMR). No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. A small portion of the site is proximate to the nearby Wastewater Treatment Plant No. 2 (less than X mile); a condition of approval prohibiting residential development within the X-mile buffer area is required. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 1, 2006, in accordance with CEQA. JS:\Adminl5-24-0424 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: 1.0.' J TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD 9t-- CITY ATTORNEY .~ lk/ I FROM: DATE: Stanley C. Grady, Development Services Director May 4, 2006 CITY MANAGER SUBJECT: General Plan AmendmenVZone Change 05-0599 (Ward 1) Pinnacle Engineering, representing Jim and Cindy Edwards, the property owner, has applied for a general plan amendment and zone change on approximately 20 acres located at the southeast corner of Cottonwood Road and East White Lane (future). 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HI (Heavy Industrial) to LMR (Low Medium Density Residential) on approximately 20 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-16 from M-3 (Heavy Industrial) to R-2 (Limited Multiple-Family Dwelling) on approximately 20 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 103 single-family residential units on the approximately 20-acre project site. The Planning Commission conducted a public hearing on this general plan amendmenVzone change and recommended approval to the City Council on March 16, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. E-mail correspondence from Kenneth Edwards, the owner of the property immediately south of the project site, to the Planning Department dated March 12,2006, and March 27, 2006, and to Mayor Hall dated March 23, 2006, are included in the backup material for this item together with staff's response to the e-mail addressed to Mayor Hall. Mr. Edwards expressed his opposition to the proposal and stated that it would not be compatible with the planned industrial use of his property. Conditions of approval addressing residential/industrial interface issues are recommended; similar conditions have been imposed by the Council on other recently approved residential projects in the immediate vicinity. In addition, conditions of approval and mitigation measures which address cultural resources, traffic, and Bakersfield Municipal Airport compatibility are recommended as part of the project approval. ADMINISTRATIVE REPORT Page 2 Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 6, 2006, in accordance with CEQA. PHlAdmin\5-24-0599 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1.h, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD May 4, 2006 CITY ATTORNEY CITY MANAGER APPROVED ~ /h1U ,4ú SUBJECT: General Plan Amendment/Zone Change 05-10211YVard 1) Michael Dhanens Architect, representing Tammy Nguyen and Califomia Water Service Company, the property owners, has applied for a general plan amendment and zone change on 2.28 acres located at the northeast corner of V Street and 3rd Street. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) to HMR (High Medium Density Residential) on a 2.14-acre parcel and from GC to P (Public Facilities) on a 0.14-acre parcel. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-31 from C-2 (Regional Commercial Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on 2.28 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of approximately 36 multi-family residential units on a 2.14-acre parcel and would be consistent with the California Water Service Company pump station that is in operation on a O.14-acre parcel. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on March 16, 2006. No individuals or agencies present at the hearing opposed the request. Correspondence from Michael Timothy Dunn, the managing partner of the self-storage facility immediately north of the project site, is included in the backup material for this item. Although Mr. Dunn expressed his support for the proposal, he requested that the applicant be required to prevent further water damage to their storage units caused by landscaping irrigation by sealing the existing masonry wall which separates the two properties. The Building Director's assessment of this issue is that any water damage which may have occurred was due to over-watering and should be dealt with as a civil matter between the two property owners. The Building Director does not recommend the imposition of a condition of approval that would require the City to enforce watering practices; the Planning ADMINISTRATIVE REPORT Page 2 Commission's recommendation is consistent with this position. Conditions of approval and mitigation measures which address cultural resources, traffic, and utilities are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 8, 2006, in accordance with CECA. PHladmin\5-24-1021 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: 1. L TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY J:ìJrW. CITY MANAGER' 'IV Stanley C. Grady, Development Services Director May 4, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1280 lYVard 1/7 Upon Annexation) Jerry Hendricks representing Helen and Waldo Jones, the property owner, has applied for a general plan amendment and zone change on approximately 25 acres generally located north of Hosking Road between Union Avenue and Cottonwood Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 25 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1 (One Family Dwelling Zone) on approximately 25 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 100 single-family residential units on the 25-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on March 16, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project as recommended by the Commission. Conditions of approval and mitigation measures which address cultural resources, traffic/circulation, and utilities are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 3, 2006, in accordance with CEQA. CKlAdmin\5-24-12BO "'----..---------- ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. ¡. v TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED DATE: May 3, 2006 CITY ATTORNEY CITY MANAGER ~ iØM /fl/ SUBJECT: General Plan Amendment 05-1455 (Ward 7) Lynx Realty & Management, representing William & Geraldine Skaggs, the property owner, has applied for a general plan amendment on approximately 5 acres located at the northeast corner of Stine Road and Berkshire Road. 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 approximately 5 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment. BACKGROUND: The proposal would allow for the development of multi-family residences on the approximately 5- acre project site. On April 6, 2006, the Planning Commission conducted a public hearing on this general plan amendment and concurrent zone change proposal from R-1 (One Family Dwelling Zone) to P.U.D. (Planned Unit Development Zone) for the development of an 84-unit age-restricted (62 and over) condominium development on the project site. The zone change proposal was continued to enable the applicant to address concerns raised by Commissioners and a neighboring property owner, Terry Russell, regarding overlooks into backyards of adjacent single-family residences to the north and east. The Commission recommends approval of the proposed general plan amendment with the inclusion of a condition requiring the approval of a zone change to P.U.D. prior to development of the site, which would require Commission review and Council approval of the development plan. In addition, conditions of approval and mitigation measures which address cultural resources, traffic, and utilities are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 3, 2006, in accordance with CEQA. PHladmin\5-24-1455 '""-."----.- ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. k TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ß~ CITY MANAGER _ I FROM: DATE: Stanley C. Grady, Development Services Director April 27, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1442 (Ward 7) MarinolAssociates, representing Arredondo Ventures, Inc., the property owner, has applied for a general plan amendment on 5.5 acres, located on the south side of Panama Lane, between Wible Road and Windflower Avenue. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 5.50 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to C-2 (Regional Commercial) zone on 5.50 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: The Planning Commission conducted a public hearing on the general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. This amendment to the general plan would allow for the development of approximately 60,000 square feet of gross leasable area (GLA) on the 5.50 acre project site. The project lies within an area of mixed residential and commercial land uses. Mr. Marino, representing Arredondo Ventures, addressed the Planning Commission during the public hearing and stated they are in agreement with Staff's recommendation, and the conditions of approval with one exception of condition no. 12, which requires that the applicant enter into a reciprocal parking and access agreement with the adjacent property to the east prior to any approvals. A condition of approval addressing reciprocal parking and access issues is recommended. In addition, conditions of approval and mitigation measures which address air quality, cultural resources, and traffic are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 8, 2006, in accordance with CEQA. JS:\Adminl5-24-1442 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1.[. TO: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ May 4, 2006 CITY ATTORNEY rØn4 CITY MANAGER '-ftc SUBJECT: General Plan Amendment/Zone Change 05-1361 (Ward 3) FROM: DATE: Mcintosh & Associates representing Sterling Oaks Investments, LLC, the property owner, has applied for a general plan amendment on 7.32 acres and zone change on 4.60 acres located on the west side of Morning Drive approximately 1,000 feet south 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 HMR (High Medium Density Residential) on 7.32 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-24 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.60 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of an unspecified amount of multi-family residential units on the approximately 7.3-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, traffic, and cultural resources impacts are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 17, 2006, in accordance with CECA. CK:\Admin\5-24-1361 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. V\'\ TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER k / May 4, 2006 SUBJECT: General Plan Amendment 05-1421 (Ward 3) Cal-Kern II, LLC, the applicant and property owner has applied for a general plan amendment on approximately 20 acres located north of State Highway 178 and east of Morning Drive. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) to LR (Low Density Residential) on approximately 20 acres. RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration and approving the proposed general plan amendment. BACKGROUND: The proposal would allow for the development of approximately 90 single-family residential units on the 2D-acre project site. The Planning Commission conducted a public hearing on this general plan amendment and recommended approval to the City Council on April 6, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address biological resources, traffic and circulation, hazardous materials, and cultural resources impacts are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 1, 2006, in accordance with CEQA. Mg\Admin\5-24-1421 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: '1. n. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED April 27, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan AmendmenUZone Change 05-1451 (Ward 4, upon annexation) SmithTech/USA, Inc., representing Bear Mountain Development, Inc., the property owner, has applied for a general plan amendment on 43 acres (40 acres of the 83 acre site to remain SR), located on the north and south side of Etchart Road and on the west side of the Beardsley Canal. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LMR (Low Medium Density Residential) on approximately 7.73 acres and SR to LR (Low Density Residential) on 35.87 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-04 and 102-05 from A (Agriculture) to E (Estate Residential) on 39.41 acres and A to R-2/P.U.D. (Limited Multiple Family Dwelling Zone/Planned Unit Development) on 7.73 acres and A to R-1 (One Family Dwelling) zone 35.87 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 330 single-family residential units and 80 apartment units on the 83 acre project site. The general area is transitioning from agricultural to typical urban development. The Planning Commission conducted public hearing(s) on this General Plan AmendmenUZone Change and recommended City Council approval on April 6, 2006. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 6, 2006, in accordance with CEQA. JS: \adminl5-24-1451 ..--. ......,-,.. --. -,,-"~ ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: Hearings ITEM: 1. O. TO: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY iJ;J;t4.. CITY MANAGER ¡A.e , SUBJECT: General Plan Amendment/Zone Change 05-1448 (Ward 4 Upon Annexation) Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: May 4, 2006 James C. Lundy, representing the Thropp Jackson Trust, the property owner, has applied for a general plan amendment and zone change on approximately 51 acres located between Calloway Drive and EI Toro Viejo Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from ER (Estate Residential) to LR (Low Density Residential) on approximately 51 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-29 from A (Agriculture Zone) to R-1 (One- Family Dwelling Zone) on approximately 51 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 220 single-family homes on the approximately 51-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. Fred Rappleye of West Coast Land Service, representing Dole Enterprises, Inc., the operator of the oil and gas leasehold on the subject property submitted a comment letter to the Planning Department dated April 3, 2006, which is included in the backup material for this item. Mr. Rappleye addressed the Planning Commission during the public hearing and requested a continuance to provide them with an opportunity to discuss their concerns with the applicant and the City regarding the proposal's impact upon their ability to continue to operate their existing wells and to establish new wells. The Planning Commission discussed the oilfield development standards of the Bakersfield Municipal Code with staff and with Mr. Rappleye, who indicated that the 100-foot building setback from petroleum production-related facilities required by the Code is satisfactory to him and he was no longer concerned about the proposal. ADMINISTRATIVE REPORT Page 2 The applicant expressed his opposition to a recommended condition of approval requiring the subdivider to pay a fee to upgrade the existing ball field lighting at the North of the River Recreation and Park District's (NOR) Greenacres Park immediately west of the site. Staff recommended this condition of approval in response to concerns raised by NOR regarding light and glare effects from their approximately 25-year old ball field lights; comment letters from NOR to the Planning Department dated January 30, 2006, and February 22, 2006, are included in the backup material for this item. The applicant presented an alternative condition to the Commission requiring the subdivider to reposition the lights to ensure that the light level at the residential property line would not exceed 0.5 foot-candles, provided current light levels and uniformity on the field are not decreased. Colon Bywater of NOR was present at the meeting and expressed his agreement with this alternate condition. Staff recommended a condition of approval to the Commission requiring the subdivider to record a covenant on all residential lots disclosing the potential for light, glare, and noise disturbances associated with the operations of Greenacres Park. In response to a request made by Mr. Bywater during the hearing, the Commission recommends approval of a modified condition requiring the covenant to notify future homebuyers that NOR may upgrade the ball field light levels to 50 foot-candles infield and 30 foot-candles outfield on 60-foot poles in accordance with current standards for safe play, provided the light level at the residential property line does not exceed 0.5 foot-candles. In addition to the aforementioned conditions, conditions of approval and mitigation measures which address air quality, cultural resources, hazardous materials, noise, and traffic are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 13, 2006, in accordance with CEOA. PHlAdmin\5-24- 1 448 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: 1. (). , TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED April 27, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 05-1257 (Ward 5) MarinolAssociates, representing Harold Johnson, Patricia Schreiver, Michael Lorenzi, and Susan Piper by Ted Piper, the property owner, has applied for a general plan amendment on 80 acres, located at the northeast corner of Pensinger Road and South Allen Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 80 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: This amendment to the general plan would allow for the development of approximately 306 single- family residential units on the 80 acre project site. The general area is transitioning from agriculture to typical urban development. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on March 16, 2006. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 2, 2006, in accordance with CEOA. JS:\admin\5-24-1257 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: r¡.". l) TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ May 4, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 05-1343 (Ward 3 Upon Annexation) Porter-Robertson Engineering, representing Stockdale Oil & Gas, Inc., the property owner, has applied for a general plan amendment and zone change on 74.71 acres located on the west side of Miramonte Drive, approximately one-half mile south of State Highway 178. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-EA (Resource - Extensive Agriculture) and R-MP (Resource - Mineral and Petroleum) to LR (Low Density Residential) on 74.71 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 104-15 from A (Agriculture) to R-1 (One Family Dwelling) on 74.71 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 344 single-family homes on the approximately 75-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on March 16, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address air quality, biological resources, cultural resources, and traffic, and which require the provision of a multi-use trail along the project's Miramonte Drive frontage are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 10,2006, in accordance with CEQA. PHladmin\5-24-1343 ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: Hearings ITEM: 6.ct. TO: Honorable Mayor and City Council ,¡JPPROVED DEPARTMENTHEAD~ ~ ~~ CITY ATTORNEY"Yo fðì¿ 1Zm.5- CITY MANAGER Ae.- FROM: Raul M. Rojas, Public Works Director DATE: May 17, 2006 SUBJECT: Protest hearing as required by Resolution of Intention No. 1436 proposing to add territory, Area 4-44 (Chester Avenue, 24th Street to Garces Circle) to the Consolidated Maintenance District. 1. Resolution adding territory, Area 4-44 (Chester Avenue, 24th Street to Garces Circle), 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. (Ward 2) RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution. BACKGROUND: The City is proposing to install street landscaping in Chester Avenue between 24th and Garces Circle. To provide for the maintenance for the street landscaping this resolution proposes to add territory (Area 4-44, Chester Avenue, 24th to Garces Circle) to the Consolidated Maintenance District. This hearing is to hear protests to adding Area 4-44, Chester Avenue, 24th to Garces Circle to the Consolidated Maintenance District. The resolution proposes to add territory (Area 4-44, Chester Avenue, 24th to Garces Circle) to the Consolidated Maintenance District. Area 4-44 is generally bounded by Garces Circle on the north, K Street on the east, 24th Street on the south and Eye Street on the west. Within the proposed Chester Avenue Maintenance District, there are 21 property owners that control 38 individual parcels. San Joaquin Hospital owns 11 of the 38 total parcels and is totally supportive of the project. Notices were sent out to each property owner within the area. On March 31, 38 ballots were sent to property owners by certified mail return receipt requested, 45 days prior to the hearing as required by proposition 218. To date two property owners have not verified that they have received the ballots. Mr. Edwin Wilson a local owner of three parcels and Constance Sutton of San Francisco, California the owner of two parcels did not confirm receipt of the ballot. Ballots may be returned up to the close of the protest hearing. This area will be under the streetscape zone of benefit and when street landscaping and lighting improvements have been installed, assessed an amount for street tier 4. The addition of this territory to the Consolidated Maintenance District complies with the requirements of Proposition 218. The City Clerk has received ballots from 11 property owners including San Joaquin Hospital. Jas May 17, 2006, 11 :39AM G:\GROUPDA TlADMINRPT\2006\OS-24\MD4-44Est06.dot -_._~..__. -,--." ---~--~------- ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA ~ECTION: Hearings ITEM: B. h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER J4e.- . May 3,2006 SUBJECT: General Plan Amendment No. 05-1135 (City-wide) The City of Bakersfield has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan related to urban decay studies. 1. Resolution making findings, adopting proposed amendment to the Metropolitan Bakersfield General Plan related to urban decay studies. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: In response to the Fifth Appellate District Court's decision on the Wal-Mart case, staff proposed text amendments to the Land Use Element of the Metropolitan Bakersfield General Plan defining when urban decay studies are required for new commercial development projects. The proposed amendment would require developers proposing large retail developments to provide cumulative-level urban decay studies to assist staff in determining whether there is a potential significant impact on existing retail development, which could consequently result in urban decay. The proposed text amendments, contained in Exhibit "An to the attached resolution, consist of an addition to the Commercial Development Policies and several additions to the Implementation section of the Land Use Element. Staff's original proposal was considered by the Planning Commission on September 15, 2005. In order to evaluate the proposal in greater depth and to solicit input from members of the community, a Planning Commission Ad Hoc Planning and Development Committee, comprised of Commissioners Ted Blockley (Committee Chair), Russell Johnson, and Tom McGinnis, was formed. Community participants consisted of Michael Burger, John Brock, Scott Underhill, Ron Sprague, Renee Nelson, Dave Dmohowski, and Donna Carpenter. The Planning Commission conducted a public hearing on this general plan amendment, considered the Committee Report (included in the backup material for this item), and recommended approval to the City Council on April 6, 2006. Commissioner Tragish voted against the proposed changes stating that they are overbroad and constitute social engineering. No individuals or agencies present at the hearing opposed the proposal. ADMINISTRATIVE REPORT Page 2 Staff has determined that the proposal will not have a significant effect on the environment and that it is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. CK:\Admin\5-24-1135 ADMINISTRATIVE REPORT MEETING DATE: May 24,2006 AGENDA SECTION: Hearings ITEM: B.c.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ May 10, 2006 CITY ATTORNEY fJ!¡¡d CITY MANAGER1 ff / I" SUBJECT: General Plan Amendment/Zone Change 05-0940 (Ward 1 upon annexation) Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon, and Barbara Sheldon, the property owners, have applied for a general plan amendment and zone change on 52.29 acres, located west of Cottonwood Road, between East Panama Lane and Pacheco Road. An appeal to the Planning Commission decision was submitted by the applicant. 1. Resolution denying the appeal and the General Plan Amendment request to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 52.29 acres. 2. Resolution denying the appeal and the Zone Change from A (Agriculture) to R-1 (One Family Dwelling) on 52.29 acres. RECOMMENDATION: Staff recommends adoption of resolutions denying the appeal, the general plan amendment, and the zone change. BACKGROUND: This proposal seeks to amend both the general plan and zoning map to allow the development of a low- density, residential development (6,000 sq ft lots) on 52.29 acres. The project site is east of Rexland Acres and directly west of both a 78 year old, 10-acre chicken ranch with feed mill for 180,000 birds, and the Bakersfield Sports Arena. The arena provides outdoor concerts and weekly equestrian events. Chicken ranches of this magnitude are significant odor generators with significant insect activity. Locating houses adjacent to this business will cause land use conflicts. On March 16, 2006, the Planning Commission agreed with staff that the proposal is incompatible with the chicken ranch and denied the request. Cottonwood Road (arterial) separates the site from the chicken ranch, its milling operation, and the outdoor rodeo/concert arena. The flies and odors from the chicken ranch vary in their duration, intensity, and areas of impact. Staff members have observed and experienced flies and odors on the project site. The ranch and its mill operate around the clock. In addition to odors and flies it is the source of animal and mechanical noises from the chickens and the ongoing milling process. The outdoor arena produces animal, performance, noise, glare, and crowd sounds. Odors, flies, loud, or ADMINISTRATIVE REPORT Page 2 prolonged sounds are not always stopped or substantially impeded by walls, or landscaping. The applicant was made aware of the nuisance issues before the Planning Commission hearing and offered no solutions. A small portion of this proposal (approximately the western 100 feet) conflicts with the density guidelines of the Airport Land Use Compatibility (APLUC) Plan. It is Y:i mile southeast of the Bakersfield Municipal Airport and sits within Compatibility Zones B-2 (Extended Approach/Departure) and Zone C (Common Traffic). Zone B-2 is an area of significant risk and noise. The request within this Zone B-2 is inconsistent with the APLUC plan. Residences in Zone C are frequently exposed to noise and require the recordation of an avigation easement. The Planning Commission conducted a public hearing on March 16, 2006. At the public hearing letters where submitted which expressed concerns about event noises from the Bakersfield Sports Arena and opposition from the chicken ranch. Both parties expressed their fears that future occupants would find their business activities to be nuisances. A representative from the Bakersfield Sports Arena stated the facility holds weekly rodeos and 4-6 concerts (live entertainment) each year. The Commission determined that the flies, noises, and odors presented a substantial impact, and they were not presented with enough information to evaluate these impacts. Rather than continue the proposal to investigate noise & odor impacts, the applicant requested the Planning Commission vote on the merits of the project as presented. Acquiescing to the applicant's request, six commissioners voted to deny the requests. A seventh commissioner abstained in favor of requiring a continuance to allow for the preparation and staff review of additional information. The initial study did not address acoustical impacts and the negative declaration was not adopted by the Planning Commission. The applicant appealed the Planning Commission's decision. Recently, the applicant submitted supplemental information to Planning regarding noise and odors. Staff has solicited a review of the odor information from the San Joaquin Valley Air Quality Control Board. Comments were not received by the time this report was prepared. They will be forwarded under separate cover when available. The proposal is inconsistent with the Metropolitan Bakersfield General Plan which seeks to minimize land use conflicts. A policy in the Land Use Element states "Assure that General Plan Amendment proposals for the conversion of designated agricultural lands to urban development occur in an orderty and logical manner giving full consideration to the effect on existing agricultural areas." In an April 26, 2006 telephone conversation, the owner of the Farmer John Egg Company asserted that the new residents would be upset with the flies, smells, and noises from his business. He described the seasonal and multi-year cyclical variations in fly populations and noted that flies and odors are more intense in the summer months. Waste products are not removed on a daily basis - they are stored on- site and most of the chicken waste is sold to other parties. Conclusion The proposal appears inappropriate in consideration of the existing land uses. A portion of the site is within the flight path of the Bakersfield Airport. Without better documentation regarding how these issues may be addressed, the proposal should not be approved. Staff indicated to the commission that development of the area is supported, just that residential units in close proximity to the chicken ranch and sports arena without workable mitigation would result in complaints in the future. WLlAdmin\5-24-0940 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: S.d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED May 4, 2006 CITY ATTORNEY CITY MANAGER !îú . SUBJECT: General Plan Amendment/Zone Change 05-1450 (Ward 4 Upon Annexation) SmithTech/USA Inc. representing Michel & Margaret Ann Etcheverry Family Limited Partnership, the property owner, has applied for a general plan amendment and zone change on approximately 66.25 acres located on the south side of Seventh Standard east of the Calloway 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 66.25 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling Zone) on approximately 66.25 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: Upon annexation into the City, the proposal would allow for the development of approximately 275 single-family residential units on the 66.25-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. Terri Bjorn, representing Crimson Resource Management, the mineral rights owner within the project area, testified at the public hearing. Ms. Bjorn indicated that Crimson has been in communication with the developer and is confident that they will be able to reach agreement at the tentative map stage; however, she requested several modifications to the Negative Declaration with respect to mineral resources, which the Planning Commission incorporated into their motion. Dennis McLean and Vic Supertino, neighboring property owners, also testified at the public hearing; both stated that they would prefer that the southern portion of the project area remain Suburban Residential to be more compatible with existing development designated Rural Residential to the south. Correspondence from Southern California Edison, Kern County Superintendent of Schools, San Joaquin Valley Air Pollution Control District, Dennis and Laura McLean, Crimson Resource Management, State of California Department of Conservation, North of the River Sanitary District No.1, and North of the River Recreation and Park District, as well as a ADMINISTRATIVE REPORT Page 2 memorandum from the Planning Director to the Planning Commission containing staff's responses to these letters, are included in the backup material for this item. Correspondence was also received from Norman and Edith Reimers, owners of property in the immediate vicinity; this letter and a response letter from the applicant, SmithTech/USA Inc., are included in the backup material for this item. The Calloway Canal currently separates the project area from the Rural Residential area to the south. The Calloway Canal ranges in width between 150 and 300 feet and the Planning Commission found this to be an adequate buffer between the proposal and the existing large lot neighborhood adjacent to the south and west of the project. The Planning Commission recommends a condition of approval requiring a buffer (to be determined by the Commission) between the project area and the Rural Residential area to the south if the Calloway Canal is relocated. In addition, conditions of approval and mitigation measures which address air quality, traffic, and cultural resources impacts are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 17, 2006, in accordance with CEOA. CKlAdmin15-24-1450 ADMINISTRATIVE REPORT MEETING DATE: May 24, 2006 AGENDA SECTION: Hearings ITEM: B.€-. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ , CITY MANAGER At; Stanley C. Grady, Development Services Director April 27, 2006 SUBJECT: General Plan Amendment/Zone Change 05-1453 (Ward 4, upon annexation) SmithTech/USA, Inc., representing Breckenridge Development Co., Inc., the property owner, has applied for a general plan amendment on 90 acres, located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. 1. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 90 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-04 from A (Agriculture) to R-1 (One Family Dwelling) on 90 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: The applicant's original proposal included 10 acres of GC (General Commercial) on the corner of Snow Road and Coffee Road. This portion of the applicant's request is inconsistent with general plan policy, which encourages the ~ mile separation of new commercial designations from existing commercial designations. The Planning Commission is recommending the denial of this portion of the request and applicant did not oppose this decision at the public hearing. Staff recommendation would allow for the development of approximately 372 single-family residential units on the approximately 90-acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on April 6, 2006. F. Parker Peacock & T. Schroepfer submitted comment letters to the Planning Department dated March 13, 2006, which are included in the backup of this item. Mr. Peacock addressed the Planning Commission during the public hearing and stated that the proposal would not be compatible with the adjacent SR (Suburban Residential) land use designation located to the south of the project site. Correspondence from T. Schroepfer expressed his opposition to the proposal and stated that it would not be compatible with the SR (Suburban Residential) land use designation north of the project site. The original SR for the area was required ADMINISTRATIVE REPORT Page 2 because there was no sewer available. The smallest lot size is Y. acre (SR) for the use of septic tanks and leach fields. With the growth of the City into this area, sewers are now available. The request (to LR) is typical of urban development within the City of Bakersfield and neither staff nor public agency has identified any unresolved issue with this proposal and the provision of public services. In addition, conditions of approval and mitigation measures which address agriculture, cultural resources, traffic, and air quality are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on March 10, 2006, in accordance with CEQA. Js:\admin\5-24-1453 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 10, 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, Councilmernbers Carson (seated at 5:19 p.m.) Benham, Couch, Hanson, Sullivan (seated at 5:30) Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) b. Public Employee Pertormance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:16 p.m. APPROVED Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:18 p.m. APPROVED Bakersfield, California, May 10, 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Monsignor Ronald Swett, St. Phillip the Apostle Church. 7. PLEDGE OF ALLEGIANCE by Brandon Frost, 5th Grade Student at Ronald Reagan Elementary. Mayor Hall acknowledged Boy Scout Troop 75 in attendance at the meeting. 8. CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One case) Public Employee Pertormance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). 9. PRESENTATIONS a. b. a. Presentation by Mayor Hall of Proclamation to Raul Rojas, City Public Works Director, proclaiming May 21 - 27,2006, as "National Public Works Week". Public Works Director Rojas accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Fred Drew, Executive Director, Community Action Partnership of Kern, proclaiming May, 2006, as Community Action Month. Mr. Drew accepted the Proclamation and made comments. ACTION TAKEN NO REPORTABLE ACTION EVALUATION WAS CONCLUCED WITH A POSITIVE OUTCOME Bakersfield, California, May 10,2006 - Page 3 10. PUBLIC STATEMENTS Ronald Hebert spoke in opposition to building the Federal Courthouse in the selected southwest location and submitted written material, Riley Hebert submitted a letter and read the content on behalf of the Ronald Reagan Elementary School Parent Club opposing the determined location, Donnel Lester and Ann Gallon on behalf of the Buena Vista Group of the Kern Kaweaha Chapter of the Sierra Club, Stephen Montgomery and Bill Descary spoke in opposition to locating the Federal Courthouse in the chosen southwest location. 11. APPOINTMENTS a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Michael Kephart whose term expired March 30, 2006. Motion by Vice-Mayor Maggard to appoint Nancy McNamee-Carter to a three year term on the Historic Preservation Commission. Councilmember Couch requested item 16.a. be heard immediately after the Consent Calendar. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 26, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from April 14, 2006 to April 27, 2006 in the amount of $6,863,819.07 and self insurance payments from April 13, 2006 to April 27, 2006 in the amount of $142,327.98. Ordinances: Resolutions: c. Amendment NO.1 to Resolution No. 304-04 adopting the McDonald Planned Sewer Area to adjust time schedule which is necessary due to delay in construction of the project. ACTION TAKEN APPROVED RES 304-04(1) Bakersfield, California, May 10, 2006 - Page 4 12. CONSENT CALENDAR continued ACTION TAKEN d. Appointments to City Boards and Commissions: 1. Resolution adopting Council Policy regarding RES 112-06 applications to fill vacancies on City Boards and Commissions. 2. Resolution adopting Council Policy regarding RES 113-06 non ward based appointments to City Boards and Commissions. e. Resolution approving application proposing RES 114-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 516 consisting of 25.94 acres of land located north of Kern Canyon Road, generally east of Morning Drive. f. Resolution approving application proposing RES 115-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 518 located north of Panama Lane between South Allen Road and Nord Avenue. g. Resolution approving application proposing RES116-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 534 consisting of 0.72 acres of land located on Blomquist Drive, north of Belle Terrace, east of McDonald Way. h. Resolution approving application proposing RES 117-06 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 535 consisting of 82.25 acres of land located at the southwest corner of Snow Road and Allen Road. I. Resolution adding territory, Area 1-63 (Allen, Snow RES 118-06 NE) 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. J. Resolution adding territory, Area 3-47 (McCutchen, RES 119-06 Mountain Ridge SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 12. Bakersfield, California, May 10, 2006 - Page 5 CONSENT CALENDAR continued k. Resolution adding territory, Area 4-53 (Brundage, S Chester SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-54 (36th, Q N) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-24 (Cottonwood, Planz NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-25 (Cottonwood, White SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. I. m. n. o. Resolution of Intention No. 1456 to add territory, Area 5-26 (E Panama, S Union SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: p. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with D. R. Horton Los Angeles Holding Company, Inc. for Tract 6406 Phases 4 & 5 located east of Vineland Avenue and south of Panorama Drive. 2. Final Map with Alexandra Ricks for Tract 6565 located north of Belle Terrace and west of Taylor Street. 3. Final Map and Improvement Agreement with Pulte Homes Corporation for Tract 6149 Phase 7 located south of State Route 178 and west of Miramonte Drive. ACTION TAKEN RES 120-06 RES 121-06 RES 122-06 RES 123-06 ROl1456 AGR 06-115 AGR 06-116 AGR 06-117 AGR 06-118 AGR 06-119 Bakersfield, California, May 10, 2006 - Page 6 12. CONSENT CALENDAR continued Item 12.p. continued Final Map and Improvement Agreements with K Hovnanian's Four Seasons at Bakersfield, LLC, for Tract 6444 Phase 1 located north of Panorama Drive and east of Vineland Road. q. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-0168 located directly adjacent to the western boundary of the City, south of Stockdale Highway, north of the Cross Valley Canal and Kern River Parkway (Castle & Cooke California, Inc.): 4. 1. Agreement with Castle & Cooke California, Inc. ($201,922.00) for the preparation of an EIR and appropriate $201 ,922.00, developer's contribution, to the Development Services Operating Budget in the General Fund. Agreement between RBF Consulting and the City of Bakersfield ($155,325.00) to prepare an EIR for GPAlZC No. 06-0168. 2. r. Bakersfield Municipal Airport: 1. Ground Lease Agreement with Richard Macias, Sr. for purposes of constructing an aircraft storage hangar for a monthly lease fee of $40.00. 2. Ground Lease Agreement with Mark Manda for purposes of constructing as aircraft storage hangar for a monthly lease fee of $40.00. s. Agreement with the Bakersfield Redevelopment Agency for a $785,000.00 Equipment Fund Loan for acquisition of property located 1400 Q Street within the Southeast Redevelopment Project Area. Agreement with Cat Harbor Properties, LLC; Lantz Family L.P.; Sam-Sum Ventures, LLC; and, Wible Investors II, LLC, to dedicate .76 acres and sell 87 acres of property located approximately 1300 feet south of McKee Road on the east side of Akers Road for a future park to the City for $30,450.00. t. ACTION TAKEN AGR 06-120 AGR 06-121 AGR 06-122 AGR 06-123 DELETED AGR 06-124 DEED 6406 ABS COUCH AGR 06-125 DEED 6407 Bakersfield, California, May 10, 2006 - Page 7 12. CONSENT CALENDAR continued u. Future Fire Station Location Analysis: 1. Agreement with Citygate Associates, LLC ($42,620.00) to prepare future fire station location analysis. 2. Appropriate $42,620.00 General Fund Balance to the Fire Department Capital Improvement Budget. Memorandum of Understanding with the County of Kern for joint effort to develop a metropolitan area refuse transfer station. v. w. Amendment NO.1 to Agreement No. 05-429 with Bright House Networks, LLC, adding wireless internet services access at The Park at River Walk. x. Amendment NO.1 to Agreement No. 04-380 ($35,000.00; revised not to exceed $603,700.00) with Dokken Engineering to provide design services for the Allen Road Bridge Project. Bids: y. Accept bid from Gladding McBean ($1,473,400.50) for the purchase of sewer pipe for the Brundage Lane Sewer Line Replacement Project (Union Avenue to Mt. Vernon Avenue) Accept bid and award contract to ThyssenKrupp Elevator Corporation ($125,017.00) for City Hall elevator modernization. z. aa. Accept bid from Stewart Electric ($47,672.63) for decorative bollards for the Chester Avenue Streetscape project. bb. Accept bid from Urner's ($58,275.36) for televisions for the Rabobank Arena Suites and Clubroom. cc. Accept bid from Bakersfield Truck Center ($237,357.80) for two (2) replacement three-axle dump trucks with demolition bodies for the Streets Division. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERA TION REMOVED FOR SEPARATE CONSIDERA TION AGR 05-429(1) AGR 04-380(1) AGR 06-128 Bakersfield, California, May 10, 2006 - Page 8 12. CONSENT CALENDAR continued Miscellaneous: dd. Revised job specification for Parks Superintendent. Grant of easement to P. G. & E. to provide electrical service to water well site located at 5108 Trinidad Lake Way. Grant of easement to P. G. & E. to provide electrical service to water well site located at 8213 Stonecrest Way. gg. Appropriate and transfer $500,000 General Fund balance to the Capital Improvement budget within the Capital Outlay Fund for the City's street preventative maintenance program. ee. ff. hh. Appropriate $14,800 General Fund balance to the Fire Department Capital Outlay Budget within the General Fund for the purchase of grant funded triage beds. ii. Appropriate $18,700 Federal Grant Revenue to the General Fund Fire Department Operating Budget for reimbursement of overtime costs associated with City staff responding to the Hurricane Katrina disaster relief efforts. jj. Metropolitan Medical Response System (MMRS) FY 2005 Grant: 1. Accept Federal MMRS grant of $220,764 for FY 05/06. 2. Appropriate $220,764 Federal Grant Revenue to the Fire Department General Fund Operating Budget. City Clerk McCarthy announced the deletion of item 12.r. at the request of staff and correction to items 12.u.2. and 12.w. Motion by Vice-Mayor to approve Consent Calendar items 12.a. through 12. jj. with the deletion of item 12.r., correction to items 12.u.2 and 12.w. and the removal of items 12.u. and 12. v. for separate consideration. Councilmember Couch announced a conflict of interest on item 12.s. due to a potential source of income. ACTION TAKEN DEED 6408 DEED 6409 APPROVED Bakersfield, California, May 10, 2006 - Page 9 12. CONSENT CALENDAR continued u. Future Fire Station Location Analysis: Agreement with Citygate Associates, LLC ($42,620.00) to prepare future fire station location analysis. 2. Appropriate $42,620.00 General Fund Balance to the Fire Department Capital Improvement Budget. 1. Motion by Councifmember Couch to approve the Agreement and appropriate funds. v. Memorandum of Understanding with the County of Kern for joint effort to develop a metropolitan area refuse transfer station. Councifmember Couch requested staff obtain a copy of the application submitted to KernCOG and provide the information to the San Joaquin Valley Air Pollution Control District for addition to their agenda. Vice-Mayor Maggard requested staff enlist the aid of Supervisor Rubio and report back to him. Motion by Councifmember Couch to approve the Memo~ndumofUnde~mndm~ 16. DEFFERRED BUSINESS a. Resolution in support of downtown Bakersfield location for Federal Courthouse and urging General Services Administration to work with City and downtown property owners. City Clerk McCarthy announced correspondence was received from staff forwarding additional back- up information. City Manager Tandy made staff comments. Motion by Councifmember Benham to approve the Resolution. 13. CONSENT CALENDAR HEARINGS None. --." ...__.~_._._- ACTION TAKEN AGR 06-126 APPROVED AGR 06-127 APPROVED RES 124-06 APPROVED Bakersfield, California, May 10, 2006 - Page 10 14. HEARINGS a. Public Hearing to consider Resolution adopting the 2005-2026 Regional Transportation Facilities List and Fee Schedule. Public Works Director Rojas made staff comments. Hearing opened at 7:15 p.m. No one spoke. Hearing closed at 7:15 p.m. Motion by Councilmember Maggard to adopt the Resolution. 15. REPORTS a. Legislative and Litigation Committee Report on elimination of the Intergovernmental Relations Committee. Staff comments by Assistant City Manager Christensen. Motion by Councilmember Scrivner to approve the item. b. Presentation of the Proposed FY 2006-07 Budget. City Manager Tandy made a computer presentation with the aid of Assistant City Managers Stinson and Christensen and provided handouts. Vice-Mayor Maggard requested staff provide information on the proposed increase in staffing levels in Streets from the 2005-2006 Budget to the 2006-2007 Budget. Councilmember Scrivner an update on the long term effects of unfunded liabilities during the upcoming budget meetings. 17. NEW BUSINESS None. ACTION TAKEN RES 125-06 APPROVED APPROVED 18. Bakersfield, California, May 10, 2006 - Page 11 MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff research including the full bikepath on all City maps and report back to her regarding the feasibílíty. Councilmember Benham requested staff analyze the feasibílíty of implementing an SRO hotel program for marginally homeless people, provided an article on the subject and requested staff report back to her. Councilmember Benham commended staff on a job well done at the opening of Riverwalk Park. Council member Benham thanked City Attorney Gennaro for implementing the Community Prosecution Program. Councilmember Carson made comments regarding the corning budget review. Councilmember Carson made comments about the recent shooting at the Rockin' Rodeo and encouraged anyone with information regarding the incident come forward and contact authorities; additionally she made comments regarding overcoming violence in the community. Councilmember Hanson requested staff analyze recovering costs from protests and make a recommendation regarding the need for the Legislation and Litigation Committee to address the issue. Councilmember Hanson requested information regarding gang activity in Silver Creek Park last Sunday. Chief Rector responded. Councilmember Hanson read a letter complimenting the staff and community, from a resident of Van Nuys, on the successful opening of Riverwalk Park. Councilmember Sullivan made comments regarding violence in the community. Councilmember Sullivan noted the presence of former Finance Director Gregory Klirnko at the meeting. Council member Sullivan made comments regarding the opening of Riverwalk Park and anticipating the Sports Village. Councilmember Sullivan requested staff repave Edmonton Street and report back to her when this job will be scheduled. ACTION TAKEN Bakersfield, California, May 10, 2006 - Page 12 18. COUNCIL AND MAYOR STATEMENTS Councilmember Sullivan requested information regarding the schedule for repaving Surrey Ln., Carlton and Emerson. Councilmember Sullivan requested staff repair street lights in the area of Planz and Akers. Councilmember Sullivan made comments regarding Jim Burke and Bob Karpe who received the General William Booth Lifetime Achievement Award from the Salvation Army. Councilmember Couch requested the Legislation and Litigation Committee analyze incorporating a portion from the County Cool Parents Ordinance into the City Ordinance. Councilmember Couch requested staff provide an update on the Verdugo/Shellebarger Project. Councilmember Couch requested staff abate graffiti on the Stockdale Hwy. bridge westbound on the bikepath. Councilmember Couch requested staff review the Park Ambassador Program and report back to Council. Councilmember Couch requested information regarding a power outage plan. Public Works Director and Chief Rector responded. Council member Couch made comments regarding an article in Western City regarding Bakersfield. Councilmember Couch thanked staff for the Park at Riverwalk. Councilmember Scrivner requested staff close off access on a cul-de-sac at Chadbourn Street. Vice-Mayor Maggard requested an update on the number of people waiting to rent facilities at the Park at Rlverwalk. Recreation and Parks Director Hoover responded. Vice-Mayor Maggard requested staff present an evacuation plan at the next meeting should evacuation be necessary due to the Lake Isabella Dam being compromised. ACTION TAKEN Bakersfield, California, May 10, 2006 - Page 13 18. COUNCIL AND MAYOR STATEMENTS continued Vice-Mayor Maggard requested staff notify Rockin' Rodeo management of the next Safe Neighborhoods and Community Relations Committee meeting and request their attendance. Vice-Mayor Maggard requested staff contact him regarding issues on Stone Canyon and Auburn Streets, an abandoned construction project in an alley and issues reported by Tony Pieto, Arthur Tiejerena and David Stanton. Vice-Mayor Maggard requested staff address concerns outlined in David Stanton's correspondence and assist Riverlakes residents with drainage issues caused by areas outside their area using the lake as a retention basin. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 8:50 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN Bakersfield, California, May 10, 2006 - Page 14