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HomeMy WebLinkAbout09/10/2003 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 10, 2003 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and 7:00 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. WORKSHOP (10 min) City Technology Presentation. (Staff comments by Assistant City Manager Alan Christensen) (30 min) City Council Goal Setting. (Council will recess to the City Manager's Conference Room to discuss this item.) 3. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Jeanette Cleveland of Link to Life, proclaiming October, 2003, as "Paint the Town Pink Month" bo Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 24th through October 5th, 2003, as "Kern County Fair Days". 4. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation (Significant exposure to litigation). Closed Session pursuant to subdivision (b)(3)(d) of Government Code Section 54956.9. One (1) potential case. REGULAR MEETING - 7:00 p.m. INVOCATION by Pastor Steve Hanson, St. John's Lutheran Church. PLEDGE OF ALLEGIANCE by Jessica Ekegren, 5~ Grade Student at St. John's Lutheran Church. ROLL CALL CLOSED SESSION ACTION PRESENTATIONS PUBLIC STATEMENTS 7. APPOINTMENTS (VVard 5) (Ward 4) CONSENT CALENDAR Minutes: a. Approval of minutes of Special Council Meeting August 20, 2003 and Regular Council Meeting August 27, 2003. Payments: b. Approval of department payments from August 15, 2003 to August 28, 2003 in the amount of $ 9,786,774.35 and self insurance payments from August 15, 2003 to August 28, 2003 in the amount of $147,825.40. Ordinances: c. Tevis Ranch Planned Drainage Area: 1. Resolution adopting the Tevis Ranch Planned Drainage Area and Making Findings. 2. Ordinance amending Section 16.32.060 D. relating to Drainage Facilities. (First Reading 8/27/03) d. Adoption of Ordinance Revisions (First Reading 8/27/03): 1. Ordinance amending Section 15.80.080 A. of the Bakersfield Municipal Code relating to formula for fees in-lieu of land dedication. 2. Ordinance amending Section 16.16.020 of the Bakersfield Municipal Code relating to Tentative Maps - Forms. 3. Ordinance amending Section 16.16.080 of the Bakersfield Municipal Code relating to Tentative Maps - Extension. 4. Ordinance amending Section 16.28.170 P. of the Bakersfield Municipal Code relating to Lots. 5. Ordinance amending Section 16.52.030 of the Bakersfield Municipal Code relating to Tentative Maps - Appeals. Resolutions: e. Assessment District No. 03-2 (Buena Vista Ranch/Belsera II, Montara II/Olive Park II): 1. Resolution determining assessments remaining unpaid. 2. Resolution approving form and substance of preliminary official statement and bond pumhase contract. 3. Resolution authorizing issuance of bonds. 2 0Nard 3) (Ward 4) (Ward 6) 0Nard 3) (Ward 6) (Ward 7) (Ward 5) (Ward 7) (Ward 1) CONSENT CALENDAR continued Resolution ordering the summary vacation of the portion of Thelma Drive and the 10' wide alley between Goodman Street and Bernard Street. Resolution adding territory, Area 1-43 (Allen, Nodega NE) to the Consolidated Maintenance Distdct 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 3-22 (Akers, McKee 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. Resolution adding territory, Area 4-28 (Paladino, Moming 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 of Intention No. 1309 to add territory, Area 3-21 (McCutchen, Mountain Ridge) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1311 to add territory, Area 5-10 (South H, Hosking) to the Consolidated Maintenance Distdct and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1314 to establish Traffic Signal Maintenance District TS-9 (Gosford Village) preliminarily adopting, confirming and approving Public Works Director's Report. Resolution in support of Congress passing a Concurrent Resolution recognizing National Kid's Day. n. Property at 2313 Elaine Street: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. Agreement with Ruben Quintero (property owner) to pay sewer connection fee in installments and notice of special assessment lien. Agreements: Agreement with Bharat N. Mehta and Nita Bharat Mehta to annex property at 6850 South Union Avenue and allow the sewer connection fee to be paid in installments. (Ward 4) (Ward 1,4,7) CONSENT CALENDAR continued Agreement with Equilon Enterprises, LLC, dba Shell Oil Products and Kyle Carter Homes, Inc. for Mohawk Street Improvements between the Calloway Canal and Hageman Road. q. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Harry A. Hardy for Tract 5762 Phase G located north of Berkshire Road and west of Wible Road. Final Map and improvement Agreements with ADH Corporation for Tract 6140 Phase 4 located south of State Route 58 and east of Oswell Street. Final Map and Improvement Agreements with Cherry Hill Estates, LLC for Tract 6141 located east of Stine Road north of Hosking Road. Final Map and Improvement Agreements with McMillin Madison Grove, LLC for Tract 5993 Phase 6 located south of Snow Road and east of Norris Road. Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 1 located south of Berkshire Road and Monitor Street. Improvement Agreements with Castle & Cooke Commercial-CA, Inc. for Parcel Map 10522 located north of Stockdale Highway and west of Calloway Drive. Agreement with Jones & Mayer to provide legal services in the matter of Goland and Roy v City of Bakersfield, Kern County Superior Court Case No. 250490-AEW, in an amount not to exceed $50,000.00. Amendment No. 6 to Agreement No. 76-153 (Kern CountyAgreement #684-2003) with East Niles Community Services District (ENCSD), Kern Sanitation Authority (KSA) as successor to the Union Avenue County Sanitation District and the Alta Verde County Sanitation District, for the sale of treatment capacity and flow to ENCSD and trade of capacities with KSA. Amendment No. 1 to Agreement No. 03-044 (decrease in restrictions from one year to six months) with Meyer Civil Engineering, Inc. for improvement plan checking engineering services. Bids Accept bids from Jim Burke Ford ($119,731.04) and Mel Clayton Ford ($25,864.42), for ten (10) pickups (4 additional, 6 replacement), for a total of ($145,595.46). 4 8. CONSENT CALENDAR continued (Ward 4) (Ward 2) (Ward 3) (Ward 4) Miscellaneous Grant of Easement to Kenneth F. Cooper, Trustee of the Kenneth F. Cooper Revocable Trust, dated February 19, 1996, to provide access to Stockdale Highway. Appropriate $250,000.00 Brownfield's Economic Development Initiative (BEDI) Grant funds to the Old Town Kern-Pioneer Redevelopment Area Capital Improvement Budget within the Operating Fund for the development of two blocks of abandoned, burned out and blighted commercial structures for the Baker Street Mixed Use Project. Staff recommends adoption of Consent Calendar items a through w. HEARINGS Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. Budget and Finance Committee recommends adoption of resolution. b. Metropolitan Bakersfield Regional Transportation Impact Fee, Phase III: Resolution adopting the 2003-2024 Regional Transportation Capital Improvement Plan and Facilities List Phases I, II and III adopting the nexus report and certifying that a Final EIR has been completed in compliance with the California Environmental Quality Act Guidelines. Ordinance amending Chapter 15.84 of the Bakersfield Municipal Code relating to a Transportation Impact Fee on new development. Staff recommends continuing the hearing to the Joint City/County meeting on September 15, 2003 and give first reading to the ordinance. Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract Map 6148 and the Negative Declaration, denying the appeals by the Sierra Club, and Sage Community Group, Inc. Staff recommends adoption of resolution upholding and modifying the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract Map 6148 and denying the appeals. Resolution upholding the decision of the Planning Commission approving Revised Vesting Tentative Tract Map 6185 and the Negative Declaration, and denying the appeal by Mclntosh and Associates. Staff recommends adoption of resolution upholding the Planning Commission's decision approving the Negative Declaration and Revised Vesting Tentative Tract Map 6185 and denying the appeal. 10. REPORTS 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL AND MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 9/4/03 10:10 am TO: FROM: THROUGH: SUBJECT: B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM September 5, 2003 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~-'~ISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - SEPTEMBER 10, 2003 COUNCIL MEETING REGULAR MEETING 5:15 p.m. Workshops: Item 2a. Information Technoloqy Presentation. Staff will provide a presentation of the internet and other technology used to provide services to the public. Item 2b. City Council Goal Settinq. The Council will recess to the City Manager's Conference Room to continue discussing Council goals. Presentations: There are two presentations: 1) a presentation by Mayor Hall to Jeanette Cleveland of Link to Life, proclaiming October, 2003, as "Paint the Town Pink Month"; and 2) presentation by Mayor Hall to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 24th through October 5th, 2003, as "Kern County Fair Days." Closed Session: There is one closed session item, which is a conference with legal counsel regarding anticipated ~itigation. CONTINUATION OF REGULAR MEETING - 7:00 p,m, CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. highlighted include: Those that should be Resolutions: Item 8n. Property at 2313 Elaine Street. The property owner desires to connect his property to the City sewer system. He claims that to pay the sewer connection fee in one payment would produce an economic hardship. The City contracted with the property owner to spread the connection fee over a three (3) year period to be collected with his property taxes. HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 10, 2003 PAGE 2 Item 8m. Resolution in SuDoort of Conclress Passinq a Concurrent Resolution Recoonizin(~ National Kids Day and National Family Month. Vice Mayor Couch requested that ~.a~'~ prepare this resolution. National Kids Day and National Family Month are celebrations established by KidsPeace, and were created as part of an effort to help kids grow up healthy, both physically and emotionally. Both of these celebrations provide opportunities for Americans to offer children the four fundamental things they need to lead a peaceful, healthy life, which are safety, trust, love, and power. Aqreements: item 80. Property at 6850 South Union Avenue. The owners of the Budget Motel at 6850 South Union Avenue have requested annexation and connection to the City sewer system. This agreement waives the owners protest rights to the annexation and allows the connection fee to be paid in three equal annual payments due to economic hardship. The first installment was paid with the submittal of the agreement. Item 8p. Aqreement with Equilon Enterprises, LLC, dba Shell Oil Products and Kvle Carter Homes, Inc. for Mohawk Street Improvements between the Callowa¥ Canal and Ha(leman Road. Kyl~: Carter Homes requested assistance in obtaining an easement to co,~s[~uct a water main for one of their developments. Discussions produced a solution that allows the City to obtain the necessary right-of-way for construction of Mohawk Street and at the same time allows the water main to be constructed. A portion of the right-of-way will be dedicated immediately upon execution of the Agreement so that the water main construction can proceed. The remaining right-of-way will be dedicated upon completion of the appraisal and acquisition of the right-of-way. Transportation Development Funds will be appropriated for the purchase of the right-of-way by the City when the appraisal is complete. item 8s. Amendment No. 6 to Aqreement No. 76-153 (Kern County Aclreement #684-2003) with East Niles Community Services District (ENCSD), Kern Sanitation Authority (KSA) as successor tu the Union Avenue County Sanitation District and the Alta Verde County Sanitation District. Wastewater Treatment Plant 2 has shared use by the City (84.69%), KSA (3.43%), and ENCSD (11.88%), and is operated under Agreement No. 76-153 by the City. In the last couple of years, the wastewater flows going to Plant 2 from ENCSD and KSA have exceeded their capacity ownership in the plant. City staff negotiated a sale of capacity from the City to ENCSD and a capacity trade between the City and KSA. ENCSD will purchase additional flow and treatment capacity from the City at a cost of $2,516,000. The City will be trading treatment capacity for flow capacity with KSA, a simple swap of capacities of equal value. The capacity purchase by ENCSD will allow growth to continue within the ENCSD service area without interruption. The City is receiving full cost recovery for these transactions. Bids: Item 8u. Award Contracts to Jim Burke Ford ($119,731.04) and Mel Clavton Ford ($25,864.42), for Ten (10) Pickups (4 Additional, 6 Replacement), for a Total of $145,595.46. Three acceptable bid~, were received for pickups for 4 additional building inspector positions and 6 replacement vehicles. Staff recommends splitting the contract in order to receive the best price. HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 10, 2003 PAGE 3 Miscellaneous: Item 8v. Grant of Easement to Kenneth F. Cooper, Trustee of the Kenneth F. Cooper Revocable Trust. dated February 19. 1996. to Provide Access to Stockdale Hiqhwa¥. On September 8, 1999, Council approved an agreement with Ken Cooper, owner of Cooper's Nursery, which provided for donation of a strip of land to the City on which a parking lot would be constructed for the Bike Path. At the time, it was understood that the Nursery would continue to access Stockdale Highway at Don Hart Drive East. Now the Nursery is being sold and the buyer wants to confirm they have legal access to Stockdale Highway. Item 8w. Appropriate $250,000 Brownfield's Economic Development Initiative ~BEDI) Grant Funds for the Development of Two Blocks of Abandoned, Burned Out and Bliahted Commercial Structures for the Baker Street Mixed Use Proiect. The project will develop 40,000 square feet of new retail space, rehabilitation of a 23,000 square foot building, construction of 50 units of senior citizen housing, along with the construction of a public plaza area and a cultural theater. The City will use the BEDI grant along with the $1.0 million Section 108 for Baker Street for acquisition and clearance. HEARINGS Item 9a. Hearina to Consider a Resolution AoDrovina and Adootina an Adiusted Fee for the Development and Improvement of Parks. The Budget and Finance Committee recommends increasing the current $647 per dwelling unit fee to $1,275 per dwelling unit and adoption of the resolution. The revised fee ensures that sufficient funds are collected to construct a typical 10 acre (neighborhood) park. On several occasions, staff met with the Building Industry Association (BIA) and the North Bakersfield Recreation and Park District (NBRPD) to get their input regarding specific amenities that go into a typical 10 acre park and the costs associated with these amenities. Both the BIA and NBRPD indicated that they were comfortable with proceeding with the recommended park development fee increase even with three unresolved issues, which are: · NBRPD Issue: Is there a way to cause developers to provide all street improvements for our facilities like they are required to do for the City? If not, NBRPD recommends keeping street improvements in as part of the estimated park construction costs. · NBRPD Issue: Fees for permits and services traditionally waived for City parks should also be waived for NBRPD parks. · BIA Issue: They are interested in a park fee credit similar to Title 15 of the Bakersfield Municipal Code for open space in multi-family projects with four or less units. It is their opinion that the open space requirement for this type of multi-family development should receive credit towards public parks. Item 9b. Metropolitan Bakersfield Reqional Transportation Imoact Fee. Phase III. This proposed fee includes the unfunded portion of the regionally significant projects made necessary by new development. The current Facilities List differs from the one presented at the July 30, 2003 meeting in the total cost - from $531 million to $406 million. The cost of the needed 2020 facilities remains the same, but the cost funded by the impact fee has been reduced. This reduction in cost was accomplished by shifting a portion of the costs directly to the developers. First, much of the right-of-way component of the facility cost was eliminated (approximately $40 million.) Second, many of the collector streets and many developer-requested projects have been removed from the list (approximately $77 million) as these streets must be constructed by the developer anyway. Finally, there was approximately $8 million deduction in miscellaneous HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 10, 2003 PAGE 4 changes to projects - revising freeway funding levels to provide the 10% match, and recognizing that the West Beltway need not be constructed until after 2020. It is staff's opinion that these deletions in dollar amounts will not negatively impact the ability of the City and County to respond in a complete and timely way to meet road needs since the deductions and contributions will be provided by developers. Additionally, staff presents two options for the Fee Schedule. One is similar to the format used in the past, which is one set fee for all areas of the City. The second option gives consideration to the "Core" area of town, which is the portion of town where most of the improvements are already in and there are few regional projects needed by the year 2020. The second option has two fee schedules - one for the "Core" area and one for the "Non-Core" area. The proposal with the lower fee in the Core area is fairer as it relates to actual needs for streets. The establishment of a lower fee within the "Core area" encourages in-fill development and represents a "smart growth" policy. One major difference between the proposed ordinance amendment and the existing ordinance is the proposed ordinance will no longer allow traffic studies to be done to justify a different fee. The Transportation Impact Fee is based upon a series of average factors for the various types of development - trip generation, peak hours of operation, the number of projects within an effective radius of the project, etc. Staff's experience with fee related traffic studies has been that they are only presented to the City when the developer is sure that the fee determined by this study will be lower than that required by the ordinance and resolution - the projects that have a higher impact as would be determined by a traffic study never apply to have their fee raised to the appropriate level, thereby causing a shortfall in the total dollar amount raised by the fee. The new fee and Facilities List becomes effective 60 days after adoption by both jurisdictions. The adoption of this fee will not affect any project, building or subdivision currently being reviewed by the City, only those that are started after the effective date of the fee. Second reading of the Ordinance by the City and County is scheduled for the joint meeting on September 15th. Item 9c. Resolution Reqardinq Vestinq Tentative Tract Map 6148, DenvinQ the ApPeals bv thn Sierra Club, and Saqe Community Group, Inc. On June 5, 2003, the Planning Commission adopted a Resolution conditionally approving Tract 6148 proposed by Pinnacle Engineering, the applicant representing Sage Community Group, Inc. Tract 6148 is located on the east side of Alfred Harrell Highway, south of the Kern River Golf Course. The Sierra Club filed an appeal to the Planning Commission's approval of the tract and Negative Declaration citing cumulative impacts to air quality and traffic are significant. Sage Community Group inc., also filed an appeal relative to conditions of approval addressing the acquisition of the Specific Plan Line for State Route 178. Mitigation measures from air quality, biological assessment and traffic studies, as well as mitigation addressing cultural and paleontological resources, are included in the conditions of approval that reduce all impacts to less than significant levels. In response to the Sierra Club's concerns with traffic congestion, congestion on Highway 178 would exceed acceptable levels only if the approved tracts in the Highway 178 area, east of Highway 184 were all built out today under present-day road conditions. However, tracts are built out over a number of years, with each project paying for its proportional share through the Transportation Impact Fee program for funding the widening of Highway 178. In response to Sage Community Group's appeal regarding the Highway 178 Specific Plan Line, the appellants' request would render Tract 6148 inconsistent with the General Plan, and, therefore, the Subdivision Map Act would not allow the City to approve the Tract. Further, prior to submission of HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 10, 2003 PAGE 5 the tract application, Sage Community was aware of the Specific Plan Line and that the subdivision is required to accommodate the Specific Plan Line. In fact, the applicant agreed to these conditions prior to the Planning Commission hearing. Staff recommends these conditions remain intact. Staff recommends the Council uphold and modify the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and to deny the appeals by the Sierra Club and Sage Community. Item 9d. Resolution reqardinq Tentative Tract Map 6185, Denyinq the Appeal by Mclntosh and Associates. On August 7, 2003, the Planning Commission adopted a resolution conditionally approving Vesting Tentative Tract Map 6185 proposed by Mclntosh and Associates, representing the subdivider, Castle and Cooke Development. Tract 6185 is located on the west side of Jewetta Avenue, south of the Westside Parkway Specific Plan Line. Mclntosh and Associates filed an appeal to the Planning Commission's denial of the request for park land credit. The applicant is of the opinion that the proposed facilities are appropriate to the recreational needs of the residents and are substantially comparable to the park land which otherwise would be required to be dedicated. The appellant suggested that the there was no need for further park land in the area because Liberty Park has already been acquired, and the new Rio Vista Park is being developed by the City. Since Tract 6185 is located within the boundaries of the North Bakersfield Recreation and Parks District, staff contacted the District to obtain their comments. The District's Board of Directors adopted a Resolution recommending against the park credit because there would be no benefit to District residents in approving the credit since Liberty Park serves the tract. Except for the park credit issue, the applicant has agreed to all the conditions as adopted by the Planning Commission. Staff recommends denial of the request. The intent of the Park Land Ordinance is for new development to provide public park land at the adopted standard. In accordance with the Ordinance, if land is not available, fees collected in-lieu of land dedication may be used to enhance or develop existing parks to provide service for the new residents. In addition, acquisition of parks may require "pooling" funds from other sources to acquire available land ahead of development. Then, as development occurs in the vicinity of the park, these developments reimburse those funds. Staff recommends the Council uphold the Planning Commission's decision to approve the tract with conditions, adopt the Negative Declaration, and to deny the appeal. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 IAGENDA SECTION: Workshop ITEM: o~. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: August 27, 2003 CITY AI-rORNEY CITY MANAGER SUBJECT: City Technology Presentation RECOMMENDATION: BACKGROUND: Alan Christensen, Assistant City Manager, will give a presentation of internet and other technology used to provide services to the public. This presentation was previously shown at the 2003 State of the City forum. September 2, 2003, 12:08PM S:~Admin Rpts~2003\Technology overview workshop 9-10-03.doc AC:al ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Workshop ITEM: ~. ~. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: September 2, 2003 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: City Council Goal Setting (Council will recess to the City Manager's Conference Room to discuss this item.) RECOMMENDATION: Council determination. BACKGROUND: This item includes a continued review and update of the City Council Goals which were adopted by the City Council on April 24, 2002. The Council met on July 9th and August 27th and reviewed goals #1 through #4. A report showing the changes made so far is included as well as a report on the status of the current goals is provided with this administrative report for your information. In the August 27t~ changes report additions are shown in red-line (shaded format) and deletions are shown as strike-outs. The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report and provide policy guidance to staff for budgetary and program implementation. This is the continuation of the review process and the Council may choose to update goals or make additional modifications as desired. September 2, 2003, 12:06PM S:'¢,dmin Rpts~003\Council goals admin-09-10-03 workshop.doc JWS:al ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Presentations ITEM: ..~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall August 29, 2003 _~ROVED DEPARTMENT HEAD~_ CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to a representative from Link to Life, proclaiming October, 2003, as "Paint the Town Pink Month". RECOMMENDATION: BACKGROUND: ndw August 29, 2003, 1:19PM S:\MAYOR~ADMIN\PAINT THE TOWN PINK MONTH,DOC ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Presentations ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall August 29, 2003 DEPARTMENT HEAD~__~._.[ CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 24th through October 5'h, 2003, as "Kern County Fair Days". RECOMMENDATION: BACKGROUND: ndw August 29, 2003, 10:15AM S:'WIAYOR\ADMIN\KERN COUNTY FAIR DAYS.DOC ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney September 2, 2003 APPROVED DEPARTMENT HEAD CITY ATI'ORNEY C[I'YMANAGER Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(3)(d) of Government Code section 54956.9. One (1) potential case. RECOMMENDATION: BACKGROUND: BJT:dll September 2, 2003, 9:01AM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk August 29, 2003 DEPARTMENT HEAD ~PROVED CITY ATTORNEY - CITY MANAGER ~ Approval of minutes of the August 20, 2003 Special Council Meeting, and the August 27, 2003 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: pi S:~CounciAadmins~003~JUNE 13, 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. b' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 28, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER Approval of department payments from August 15, 2003 to August 28, 2003 in the amount of $9,786,774.35 and self insurance payments from August 15, 2003 to August 28, 2003 in the amount of $147,825.40. RECOMMENDATION: Staff recommends approval of payments totaling $9,934,599.75. BACKGROUND: kJg August 28, 2003, 2:29PM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~,. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Tevis Ranch Planned Drainage Area (Ward~). Resolution of the City of Bakersfield Adopting the Tevis Ranch Planned Drainage Area and Making Findings Thereto. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Drainage Facilities. (Second reading) RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance. BACKGROUND: The City is proposing to construct a drainage system to improve the efficiency of the existing drainage facilities in the area south of White Lane and between Old River Road and Buena Vista Road. The proposed project will consist of a pipeline system that will drain water from three existing retention basins to a single detention basin. Water from the detention basin will then be pumped into the Buena Vista Canal. Adoption of the proposed resolution and ordinance will secure funding for this project through a Planned Drainage Area and provide that future developments in this area pay their proportionate share of the cost of the project. jh August 24, 2003, 12:57PM G:\GROUPDAT~ADMINRPT~2003\09-10\Tevis-Admin_Adopt of Res. DOC ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: ,Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 27, 2003 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER APPROVED 2. 3. 4. 5. An ordinance amending Section 15.80.080 A. of the Bakersfield Municipal Code relating to Formula for fees in-lieu of land dedication. An ordinance amending Section 16.16.020 of the Bakersfield Municipal Code relating to Tentative Maps - Forms. An ordinance amending Section 16.16.080 of the Bakersfield Municipal Code relating to Tentative Maps - Extension. An ordinance amending Section 16.28.170 P. of the Bakersfield Municipal Code relating to Lots. An ordinance amending Section 16.52.030 of the Bakersfield Municipal Code relating to Tentative Maps - Appeals. RECOMMENDATION: Staff recommends adoption of these ordinances. BACKGROUND: Bakersfield Municipal Code, Title 16, codifies the Subdivision Map Act provisions within the California Government Code. The last significant update to our subdivision chapter was approved in May 2001. Since that time, Staff has discovered the need to slightly amend some of the sections to better reflect the actual application process, provide clarification, and to correct typographical errors. The following summarizes the "clean-up" amendments proposed by staff: Section 15.80.080 corrects a typographical error in the formula calculating the amount of the fee paid in-lieu of park land dedication. Although the formula is incorrectly shown in the ordinance, staff has been using the correct formula in calculating the amount of the fee. Section 16.16.020 reorganizes the section to simplify the list of needed information for a subdivision application. Applicants were confused because the original text was wordy and unclear. The reorganization separates the items in a list format for easier understanding. August 28, 2003, 2:30PM S:\COUNCIL~Admins\ 15.080.080-16.16.020&080Amend2.doc ADMINISTRATIVE REPORT Changes to Sections 16.16.080 B and D were approved with the May 2001 amendments. However, due to the volume of changes in 2001, changes to these sections were overlooked. This amendment makes the correction. All tentative maps are now approved for an initial three years and then extensions of time may be approved for another five years. These time frames are consistent with the State Subdivision Map Act and agreed upon by the Permit Streamlining Committee in 2001. Section 16.16.080 G adds text to clarify when a Revised Tentative Map may be required by the City Engineer and Planning Director. This amendment benefits the subdivider by allowing approval of a second map on property so that phases of tracts may be sold. Section 16.28.170 P clarifies that there is limited use of reversed comer lots in residentially zoned subdivisions. The change allows reversed corner lots in commercial and industrial properties. Section 16.52.030 increases the timeframe from 30 to 60 days of when an appeal may be heard by the City Council due to the limited number of City Council meetings, the limited number of hearings for each meeting, and the time needed to prepare the Administrative Report for the City Council. A City Council meeting may not always be available within 30 days to hear the appeal. After holding a public hearing on July 17, 2003 to consider these ordinance amendments, the Planning Commission adopted Resolution No.113-03 recommending their approval to the City Council. No one spoke during the hearing. The proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3), General Rule. These ordinances received first reading at the August 27, 2003 City Council meeting. VG:alj August 28, 2003, 2:30PM S:~COUNCIL~Admins\I 5.080.080-16.16.020&080Amend2.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent - Resolutions ITEM: ~, ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 28, 2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~)~ CITY MANAGER Resolutions regarding proposed Assessment District No. 03-2 (Buena Vista Ranch / Belsera II, Montara II / Olive Park II): Resolution determining assessments remaining unpaid; Resolution approving form and substance of preliminary official statement and bond purchase contract; and Resolution authorizing issuance of bonds. RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: On March 26, 2003 the City Council adopted Resolution No. 045-03, Accepting Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed district. On May 14, 2003, the City Council adopted Resolution of Intention No. 1300, to initiate the creation of this proposed assessment district. A protest hearing was held on August 27, 2003 regarding the formation of this district; nobody spoke in opposition to the district. The above resolutions establish the framework for the financial aspects of the Assessment District; establishing the amounts to be assessed, approving the form and substance of the preliminary official statement and the bond purchase contract, and authorizing the issuance of the bonds. Following approval of the above resolutions, the Finance Director will work with the Bond Underwriter (UBS Financial Services, Inc.) to market and sell the bonds. Pre-marketing and pricing of the bonds will take place over the next few weeks. We expect the bond sale to close in mid October, at which time funds will be available for acquisition of public improvements within the assessment district. August 28. 2003, 2:01PM S:\KimG\Forms & Lables~Admin~AssmtDistO3.2issuebonds.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: 8, '~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 27, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Ordering the Summary Vacation of the portion of Thelma Drive and the 10' wide alley between Goodman Street and Bernard Street (Hard 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The block of land bounded by Bernard Street, Alta Vista Drive and Goodman Street contains both a City portion and a County portion. In 1946, the owners in the City portion granted easements for a part-width extension of Thelma Drive and a part-width (10' wide) alley from Thelma Drive to Bernard Street. The Thelma Drive extension has never been completely constructed to City standards and has never been accepted for City maintenance. The pad-width alley has never been constructed. The owners of the property containing the subject part-width street and alley easements have requested vacation of the easements because the subject easements are in conflict with the orderly planning and development of this property. The City, Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified and no objections have been received from the departments. Public Works notes that no City sewer or storm drain facilities exist in the vacating area. All utility companies serving the area have been notified by mail and Public Works notes adequate easements shall be reserved for any existing public utilities located in the vacating area. Public Works recommends that the subject street and alley easements be summarily vacated pursuant to Streets and Highways Code 8334(a) being excess right of way not required for street or alley purposes. The City Planning Commission at its meeting of August 21, 2003, heard the proposal and found the proposed vacation to be consistent with the Metropolitan Bakersfield 2010 General Plan. All property owners within a radius of 300' of the proposed vacating area have been notified by mail and no objections to the proposal have been received as of the date of this report. RYoung August 27, 2003, 3:47PM Document1 ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, ~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 28, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 1-43 (Allen, Noriega 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. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 27, 2003 the Council adopted Resolution of Intention No. 1308 to add territory, Area 1-43 (Allen, Noriega NE), 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 street landscaping for Tentative Tract No. 6129. Area 1-43 is generally bounded by a line 1/4 mile north of Noriega Road on the north, a line 1/4 mile east of Allen Road on the east, Noriega Road on the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has 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/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. Lvd August 20, 2003, 8:41AM G:\GROUPDAT~ADMINRPT~2003\09-10\MD 1-43Est03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. h, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 APPROVED DEPARTMENT HEAD /,~ CITY ATTORNEY ~ CITY MANAGER ~ Resolution adding territory, Area 3-22 (Akers, McKee 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 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 27, 2003 the Council adopted Resolution of Intention No. 1312 to add territory, Area 3-22 (Akers, McKee SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District witl provide for the maintenance of a park and street landscaping for Tentative Tract No. 6152. Area 3-22 is generally bounded by McKee Road on the north, Wible Road on the east, Taft Highway on the south, and Akers Road 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/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd August 20, 2003, 8:55AM G:\G ROUP DAT~ADMIN RPT~2003\09-10\MD3-22Est03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~], [, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 AP,p/~OVED DEPARTMENT HEAD //~./ CITY ATTORNEY CITY MANAGER Resolution adding territory, Area 4-28 (Paladino, Morning 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. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 27, 2003 the Council adopted Resolution of Intention No. 1310 to add territory, Area 4-28 (Paladino, Morning SW), 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 Tentative Tract No. 6191. Area 4-28 is generally bounded by Paladino Drive on the north, Morning Drive on the east, a line 2307 feet south of Paladino Drive on the south, a line 1/2 mile west of Morning Drive 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/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd August 20, 2003, 9:34AM G:\GROUPDAT~ADMINRPT~2003\09-10\MD4-26Est03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~.~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Resolution of Intention No. 1309 to add territory, Area 3-21 (McCutchen, Mountain Ridge) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6190, be included in 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 public park and street landscaping. Staff recommends the addition of territory, Area 3-21 (McCutchen, Mountain Ridge), to the Consolidated Maintenance District. Area 3-21 is generally bounded by McCutchen Road on the nodh, a line 300 feet west of Stine Road on the east, Ryzona Drive on the south, and Mountain Ridge Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. 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 subdivideddeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd August 26, 2003, 3:07PM G:\GROUPDAT~ADMINRPT~2003\09-10\MD3-21Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~. ~,, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 DEPARTMENT HEAD ,,~IR~-OVED CITY ATTORNEY ~ CITY MANAGER ~ Resolution of Intention No. 1311 to add territory, Area 5-10 (South H, Hosking) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6192 to be included into 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 public park and street landscaping. Area 5-10 is generally bounded by Hosking Avenue on the north, a line 1800 feet east of South H Street on the east, Astor Avenue on the south, and a line 475 feet east of South H Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. 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/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd August 26, 2003, 2:58PM G:\GROUPDAT~ADMINRPT~2003\09-10\MD5-10Ri03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~. L. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director September 2, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY..._~/~-~ CI_TYMANAGER ~ Resolution of Intention No. 1314 to establish Traffic Signal Maintenance District TS-9, (Gosford Village) preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of the property described in Parcel Map 10465, Phase A, to form a maintenance district for the operation and maintenance of three (3) traffic signals on Gosford Road at the entrances to the proposed Gosford Village Shopping Center. Staff recommends the formation of Maintenance District No. TS-9 (Gosford Village), generally bounded by Pacheco Road on the north, Gosford Road on the east, Harris Road on the south, and a line 1/4 mile west of Gosford Road on the west On September 28, 1994 the City Council approved Resolution 161-94 which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through maintenance districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. This maintenance district will be a separate district and will not be merged into the Consolidated Maintenance District. The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the property described above which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. In order to provide future owners with disclosure regarding the proposed maintenance district a covenant has been drafted and will be supplied to the owner to be recorded with the Certificate of Compliance. A copy of this covenant is attached for reference. Ivd September 2, 2003, 4:56PM G:\GROUPDAT~ADMINRPT~2003~09-10\TS-9Roi03.dot ADMINISTRATIVE REPORT MEETING DATE: September 3, 2003 I ITEM: I~, m. AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~ DATE: September 3, 2003 CITY ATTORNEY ,~ CITY MANAGER SUBJECT: Resolution in support of Congress passing a Concurrent Resolution recognizing National Kids Day and National Family Month RECOMMENDATION: Staff recommends approval. BACKGROUND: Vice Mayor Couch requested that staff prepare a resolution in support of Congress passing a Concurrent Resolution recognizing National Kids Day and National Family Month. National Kids Day and National Family Month are celebrations established by KidsPeace. National Kids Day (to be celebrated the third Saturday of every September) and National Family Month (to be observed during the five weeks between Mother's Day in May and Father's Day in June) were created as part of an effort to help kids grow up healthy, physically and emotionally. Both, these celebrations provide opportunities for Americans to offer children the four fundamental things they need to lead a peaceful, healthy life: · Safety: feeling physically safe and emotionally secure and protected · Trust: having complete assurance regarding the character and trust of someone; being hopeful, confident and assured · Love: being unconditionally accepted; belonging and feeling appreciated, valued · Power: having the power to grow independently while possessing the freedom to be a child; being able to grow, to pursue a purpose, skill, talent or ability KidsPeace has learned in 115 years of working with children and families that whenever any one of these four essential "Points of Peace" is absent or threatened, a child may face a crisis. Therefore, KidsPeace has created National Kids Day and National Family Month not merely as days of national observation, but as vital annual events to focus on parent/child and family relationships, and to provide opportunities for parents, grandparents, or caregivers to be involved in the lives of their children physically and emotionally, providing encouragement for children to face life's challenges successfully. (jws) September 3, 2003, 2:38PM S:~JOHN\Council Referals\Couch~',!ational Kids Day Resolution Admin.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, Ct, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 A~'PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. (l~ard 7) 2. Agreement with property owner to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of the Resolution and Agreement. BACKGROUND: The owner of the property at 2313 Elaine Street desires to connect his property to the City sewer system. He claims that to pay the sewer connection fee in one payment would produce an economic hardship. 1. This resolution confirms the assessment and authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. 2. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with his property taxes in accordance with Municipal Code Section 14.12.390.B. Ivd August 27, 2003, 8:42AM G:\GROUPDAT1ADMINRPT~2003\09-10~2313Elaine.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: <~, O, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 28, 2003 DEPARTMENT HEAD~VED ClTY ATTORNEY CITY MANAGER ~ Agreement with Bharat N Mehta and Nita Bharat Mehta to annex property located at 6850 South Union Avenue and allow the sewer connection fee to be paid in three equal annual installments. 0Nard 1) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The owners of the Budget Motel at 6850 South Union Avenue have requested annexation into the City and connection to the City sewer system. This agreement waives the owners protest rights to the annexation and allows the connection fee to be paid in three equal annual payments due to economic hardship. The first installment was paid with the submittal of the agreement. Lvd August 22, 2003, 8:15AM G:\GROUPDAT~ADMIN RPT~2,003\09-10\6850Union03.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~. ~, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Department September 2, 2003 APPROVED DEPARTMENT HEAD Cfi CITY ATTORNEY ClTY MANAGER SUBJECT: Agreement with Equilon Enterprises, LLC, dba Shell Oil Products and Kyle Carter Homes, Inc. for Mohawk Street Improvements between the Calloway Canal and Hageman Road. 0Nard 4) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Kyle Carter Homes approached the City requesting assistance in obtaining an easement to construct a water main for one of their developments. The easement had to be obtained from Equilon Enterprises, LLC dba Shell Oil Products who is the owner of the property. In discussions with the property owner, it was determined that rather than obtaining a separate water tine easement followed by a subsequent roadway easement directly over the water line easement, it was better to merely obtain a road easement at this time since it will allow for both roadway work and utilities. Shell Oil Products agreed to provide the roadway easement provided they would be paid appraised value for it. Since this is a major transportation element, the roadway, including right of way costs, is currently a part of the Transportation Impact Fee program. Therefore, payment for the road easement could be accomplished by performing an appraisal and paying the property owner the appraised value. This Agreement sets out the terms and conditions by which the City will acquire the necessary right of way. A portion of the right of way will be dedicated immediately upon execution of the Agreement so that the water main construction can proceed. The remaining right of way will be dedicated upon completion of the appraisal and acquisition of the right of way. This right of way is contained within the Transportation Development Fee program. Transportation Development Funds will be appropriated when the appraisal of the right of way is complete. JRL:ds September 2, 2003, 2:56PM G:\GROU PDAT~DMIN R PT\2003\09-10\MohawkStreetlmprovAdmin.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~. ~ TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 21, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Harry A. Hardy for Tract 5762 Phase G located north of Berkshire Road and west of Wible Road. (Ward 7) (2) Final Map and Improvement Agreements with ADH Corporation for Tract 6140 Phase 4 located south of State Route 58 and east of Oswell Street. (VVard 1) (3) Final Map and Improvement Agreements with Cherry Hill Estates, LLC for Tract 6141 located east of Stine Road north of Hosking Road. (VVard 7) (4) (5) Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 6 located south of Snow Road and east of Norris Road. (VVard 4) Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 1 located south of Berkshire Road and Monitor Street. (Ward 7) (6) Improvement Agreements with Castle & Cooke Commericial-CA, Inc. for Parcel Map 10522 located north of Stockdale Highway and west of Calloway Drive. (Ward 7) 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 August 22, 2003, 11:56AM G:\GROUPDAT~,DMINRPT~2.003\09-10\MAP ANO IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. y-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 29, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Approval of Agreement with Jones & Mayer to provide legal services in the matter of Goland and Roy v. City of Bakersfield, Kern County Superior Court Case No. 250490-AEW, in an amount not to exceed $50,000. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Litigation has been initiated against the City of Bakersfield, the Police Department, and its employees. This case has some unique legal issues which cause it to be complex. The law firm of Jones & Mayer specializes in representing law enforcement and has an expertise which extends beyond that which exists within the City Attorney's Office. Therefore, it is felt that utilizing the services of this law firm to defend the City in this case is in the best interests of the City. Staff recommends approval of the Agreement. S:tCOUNCIL~Adrnins~AttyRetaine rAg r. Jones&Mayer.dot August 29, 2003, 9:44AM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, $, TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: August 20, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 6 to Agreement No. 76-153 (Kern County Agreement # 684-2003) with East Niles Community Services District (ENCSD), Kern Sanitation Authority (KSA) as Successor to the Union Avenue County Sanitation District and the Alta Verde County Sanitation District, for the sale of treatment capacity and flow to ENCSD and trade of capacities with KSA. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: Wastewater Treatment Plant 2 is owned by the City of Bakersfield (84.69%), Kern Sanitation Authority (3.43%), and the East Niles Community Services District (11.88%) and is operated under an agreement (Agreement No. 76-153) by the City. In the last couple of years, the wastewater flows going to Plant 2 from East Niles and Kern Sanitation have exceeded their capacity ownership in the plant. Last year, City staff began negotiations with these agencies to correct this situation. Staff did a detailed analysis of the construction costs in building the last plant expansion and developed a basis for the value for the flow and treatment capacity in the plant. This analysis formed the basis for the sale of capacity from the City to East Niles and a capacity trade between the City and Kern Sanitation. East Niles will purchase additional flow and treatment capacity from the City at a cost of $2,516,000. The City will be trading treatment capacity for flow capacity with Kern Sanitation, a simple swap of capacities of equal value. The capacity purchase by East Niles will allow growth to continue within the East Niles service area without interruption. The City is receiving full cost recovery for these transactions. DW:dw G:\GROU pDAT~ADMINRPTt2003~09-10kAdmin Amend NO 6 to Agree 76-153~oc August 21,2003, 11:09AM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: <~. -~,. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 19, 2003 APPROVED DEPARTMENT HEAD /~ CITY ATTORNEY ~ ClTY MANAGER ~ SUBJECT: Amendment No. 1 (decrease in restrictions from one year to six months) to Agreement No. 03-044 with Meyer Civil Engineering, Inc. for improvement plan checking engineering services. RECOMMENDATION: Staff recommends approval of Amendment to Agreement. BACKGROUND: Agreement No. 03-044 with Meyer Civil Engineering, Inc., set forth a restriction whereby the Design Consultant would be prohibited from performing improvement plan or Final Map checking on any plans submitted by Mclntosh and Associates, Inc. for a period of one year from the date of the Agreement which was March 12, 2003. Per the attached letter, Mr. Mcintosh has requested that the restriction be decreased from one year to a period of six months. This Amendment decreases that restriction in time. August 27, 2003, 8:39AM G:\GROUPDAT~ADMINRPT~2003\09-10~Amend 1 to 03-044 Admin.dot ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar TEM: ~, {~, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 28, 2003 APPROVED CITY ATrORNEY CITY MANAGER SUBJECT: Accept bids from Jim Burke Ford $119,731.04, and Mel Clayton Ford $25,864.42, for ten (10) Pickups (4 additional, 6 replacement). Total $145,595.46 RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: On July 30, 2003, Council authorized appropriation of building fee revenues for four (4) additional Building Inspectors, including vehicles and equipment. The 2003-2004 fiscal year budget authorizes replacement of two (2) pickups for Recreation and Parks and four (4) pickups for the Police Department. Invitations to bid on ten (10) pickup trucks were sent to eleven (11) vendors. Three (3) bids were received, as follows: Jim Burke Ford 2001 Oak Street Bakersfield, CA Mel Clayton Ford 350 Hitchcock Way Santa Barbara, CA San Joaquin 531 Center Street Taft, CA Midsize pickup (2) Midsize pickup XLT (6) Midsize pickup ext. cab (2) $27,002.68 ~ $34,858.00 ~ no bid no bid ~ no bid no bid Purchasing Division DW:ljm P:~DMIN~_OO3 ADMII%CO3_O910_A_Pickup Tr'ucks_Revisedg-O2-O3.doc September 2, 2003, 3:07PM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. V. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 28, 2003 Al DEPARTMENT HEAD CITY ATTORN ~Fz~/~ CITY MANAGER ~ROVED SUBJECT: Grant of Easement to Kenneth F. Cooper, Trustee of the Kenneth F. Cooper Revocable Trust, dated February 19, 1996, to provide access to Stockdale Highway. 0Nard 4) RECOMMENDATION: Staff recommends approving grant of easement. BACKGROUND: On September 8, 1999, the City Council approved Agreement No. 99-225 with Ken Cooper, the owner of Cooper's Nursery. The agreement reflected Mr. Cooper's desire to donate a strip of land to the City to construct a parking lot for the Kern River Bike Path. At the time, it was understood that Cooper's Nursery would continue to access Stockdale Highway at Don Hart Drive East extended. However, now the Coopers are selling their property and the buyer wants to confirm they have legal access to Stockdale Highway. Since this is consistent with the original intent of the parties the City will grant Cooper~s an access easement to clarify the matter. August 28, 2003, 10:19AM P:\MyFiles~Admin Reports\Coopers.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 ITEM: AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director August 29, 2003 APPROVED DEPARTMENT HEADS~ . CITY ATTORNEY ~ CITY MANAGER ~ Appropriate $250,000 Brownfield's Economic Development Initiative (BEDI) Grant funds to the Old Town Kern-Pioneer, Redevelopment Area, Capital Improvement Budget within the Operating Fund for the development of two blocks of abandoned, burned out and blighted commercial structures for the Baker Street, Mixed Use Project. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: In October, 2002, staff was notified that the City of Bakersfield was approved to receive $250,000 in Brownfietd's Economic Development Initiative (BEDI) grant funds to assist in the redevelopment of a brownfield site on the Old Town Kern Mixed-Use Project. The project will develop 40,000 square feet of new retail space, rehabilitation of a 23,000 square foot building, construction of 50 units of senior citizen housing, along with the construction of a public plaza area and a cultural theater. The City will use the BEDI grant along with the $1.0 million Section 108 for Baker Street for acquisition and clearance. The grant funds were not available until August, 2003 as they were tied to the public offering of the Section 108 funds. This financial transaction has been finalized and staff is now requesting appropriation of the $250,000 BEDI grant in order to access the funds and proceed with the project. S:~AdminstCity Council\$250,000BE DIAppropdation91003.doc 8/29/2003 7:54 AM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council A[~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD .~1~4 DATE: September 2, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. (All Wards). RECOMMENDATION: Budget; and F~nance Coa]m,il:t;ee reco~l~ends adopl:~on of resolul;'iono BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is the Public Works Director's annual report to the City Council with updated, new, or additional information regarding the fee amount collected for the development of parks within the City. Staff recommends increasing the current $647 per dwelling unit fee to $1,275 per dwelling unit (97% increase). The remaining narrative in this administrative report summarizes what led to the recommended increase. Two council referrals to the Budget and Finance Committee involved the Park Development Fee. Following are the two specific referrals: Future park amenities (council meeting date of 11/20/02): Councilmember Couch referred the issue of how parks are landscaped, what amenities (equipment, etc) are provided, and how that affects the Park Development Fees. · Park Fee Credit (council meeting date of 12/11/02): Councilmember Couch requested additional review of the Park Fee Credit by the Budget and Finance Committee. At the April 21, 2003, Budget and Finance Committee meeting, staff provided documentation on the specific amenities that go into a typical 10 acre park and the costs associated with these amenities. The Committee directed staff to meet with the Building Industry Association (BIA) and do the groundwork so a recommendation could be reached at the next Budget and Finance Committee meeting on the standard amenities to be included in a neighborhood park and based on that, what the Park Development Fee needs to be to construct a 10 acre (neighborhood) park. Staff was also instructed to contact the North Bakersfield Recreation and Park District (NBRPD) to get their input on amenity standards in a neighborhood park and invite them to attend the next Budget and Finance Committee meeting. City staff met with representatives from both the BIA and NBRPD on April 30th, May 27~h, and August 14th, 2003. During these meetings several issues were discussed and resolved. It is important to note that staff addressed all questions regarding the specific amenities and their costs to the satisfaction of the BIA. The BIA had no unanswered questions or concerns regarding the specific amenities and the associated costs. GL: September 2, 2003, 4:34PM G:~GROUPDAT~ADMINRPT~2003~09-10~Park Dev Fee Admin dot ADMINISTRATIVE REPORT Page 2 At the August 18'~ Budget and Finance Committee meeting, the Committee recommended that the current $647 per dwelling unit fee be increased to $1,275 per dwelling unit. The revised fee ensures that sufficient funds are collected to construct a typical 10 acre (neighborhood) park. In addition, the Budget and Finance Committee recommended the proposed adjustment to the park improvement fee referred to the City Council for approval. Both the BIA and NBRPD indicated that they were comfortable with proceeding with the recommended park development fee increase even with three unresolved issues remaining. The three unresolved issues are summarized below: NBRPD Issue: Is there a way to cause developers to provi~le all street improvements for our facilities like they are required to do for the city? If not, NBRPD recommends keeping street improvements in as part of the estimated park construction costs. It is important to note that staff's recommendation regarding a revised park development fee includes eliminating the street improvement line item since developers are required to construct streets adjacent to a park site. · NBRPD Issue: It was also requested that fees for permits and services traditionally waived for city parks also be waived for NBRPD parks. BIA Issue: BIA indicated that they are interested m a park fee credit similar to Title 15 of the Bakersfield Municipal Code for open space in multi-family projects with four or less units. It is their opinion that the open space requirement for this type of multi-family development should receive credit towards public parks. This is a complex issue with significant impact on our park system and additional review time is needed. All parties have agreed that these three remaining issues should not slow down the process of adopting an appropriate park development fee. The Budget and Finance Committee instructed staff to submit recommendations on the above three items at their October meeting. GL: September 4, 2003, 12:17PM ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Hearings ITEM: ~, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 25, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Metropolitan Bakersfield Regional Transportation Impact Fee, Phase III (All Wards) 1. A Resolution of the City of Bakersfield Adopting the 2003-2024 Regional Transportation Capital Improvement Plan and Facilities List Phases I, II and III, adopting the nexus report and certifying that a Final EIR has been completed in compliance with the California Environmental Quality Act Guidelines. 2. An Ordinance Amending Chapter 15.84 of the Bakersfield Municipal Code Relating to a Transportation Impact Fee on New Development. RECOMMENDATION: Staff recommends continuing the hearing to the Joint City/County meeting on September 15, 2003 and first reading of the ordinance. BACKGROUND: The purpose of revising the current program is to address the traffic impacts identified in the Metropolitan Bakersfield General Plan Environmental Impact Report. This document was adopted by this Council in December 2002, and is proposed to be used as the environmental document for this fee program. The General Plan addresses growth in the Metropolitan Bakersfield area through the year 2020. City and County staff have performed a comprehensive study of the planned growth and have developed a transportation system to try to accommodate this growth and provide a funding mechanism for this transportation network. New facilities that are required to maintain a LOS "C", or not degrade the existing levels of service, have been added to the new Facilities List. Another issue adding to the cost of the program was the passage of Senate Bill 45 (SB 45), which defined the funding stream dedicated to Metropolitan Bakersfield for regional improvement projects. In the past, it was assumed that Caltrans would be responsible for funding and construction of these types of facilities. This is no longer the case. There is not enough money dedicated to the region to construct these necessary projects, some of which include the Westside Parkway, the 24th Street Corridor and the Hageman Flyover. This proposed fee includes the unfunded portion of the regionally significant projects made necessary by new development. The Facilities List before you differs from the one presented to you at the July 30, 2003 meeting in the total September 3, 2003, 5:00PM S:\PROJECTS\TIFAPhase 3\CC 9_10_03\TIF III Ordiance and Resolution Admin.doc ADMINISTRATIVE REPORT cost - from $531 million to $406 million. The cost of the needed 2020 facilities remains the same, but the cost funded by the impact fee has been reduced. This reduction in cost was accomplished by shifting a portion of the costs directly to the developers. First, much of the right-of-way component of the facility cost was eliminated - approximately $40 million. Dedication of rights-of-way without compensation is an obligation under the subdivision regulations. Since these dedications can be required of the developer, elimination of the right-of-way component shifts the burden onto the developers, who are obligated to provide it anyway. However, because sometimes the City is required to construct a project in a gap between subdivisions where the right-of-way has not been dedicated, funding has been left in to pay for these "gaps." Second, many of the collector streets and many developer-requested projects have been removed from the list - approximately $77 million worth. These streets must be constructed by the developer anyway. Elimination of these projects from the list reduces the total dollars needing to be raised, thereby reducing the amount of the fee, but not reducing the rate at which streets are constructed to keep pace with growth. Finally, there was approximately $8 million in miscellaneous changes to projects - revising freeway funding levels to provide the 10% match, and recognizing that the West Beltway need not be constructed until after 2020. It is the opinion of staff that these deletions in dollar amounts will not negatively impact the ability of the City and County to respond in a complete and timely way to meet road needs since the deductions and contributions will be provided by developers. Additionally, staff has attached for your consideration two options for the Phase III Transportation Impact Fee Schedule. One is similar to the format we have used in the past - one set fee for all areas of the City. The second option gives consideration to the "Core" area of town - that portion of town where most of the improvements are already in and there are few regional projects needed by the year 2020. This option has two fee schedules - one for the "Core" area and one for the "Non-Core" area. The proposal with the lower fee in the Core area is fairer as it relates to actual needs for streets. In the Core, most needs are already built out. The cost of the facilities needed in the Core area is $70.8 million; the cost of the facilities needed in the Non-Core area is $335.4 million for a total of $406 million. The establishment of a lower fee within the "Core area" encourages in-fill development and represents a "smart growth" policy. One major difference between the proposed ordinance amendment and the existing ordinance is the proposed ordinance will no longer allow traffic studies to be done to justify a different fee. The Transportation Impact Fee is based upon a series of average factors for the various types of development - trip generation, peak hours of operation, the number of projects within an effective radius of the project, etc. Staff's experience with fee related traffic studies has been that they are only presented to the City when the developer is sure that the fee determined by this study will be lower than that required by the ordinance and resolution - the projects that have a higher impact as would be determined by a traffic study never apply to have their fee raised to the appropriate level, thereby causing a shortfall in the total dollar amount raised by the fee. For the sake of clarity, the appropriate sections of the ordinance have been completely rewritten and are being deleted and readopted in their revised form. The Building Industries Association has requested that the rates be revisited whenever an additional funding source becomes available for the projects on the facilites list. This is a reasonable request and the language in the current ordinance (15.84.040E) allows this. The BIA representative has also requested that the fee schedule be revised to show six different areas of benefit, not two. Staff feels that the "Core Area" concept addresses their concerns sufficiently. September 3, 2003, 5:00PM S:\PROJECTS\TIF~Phase 3\CC 9_10_03\TIF III Ordiance and Resolution Admin.doc ADMINISTRATIVE REPORT The new fee and facilities list becomes effective 60 days after adoption by both jurisdictions. The adoption of this fee will not affect any project, building or subdivision currently being reviewed by the City. The new Phase III fee will only affect those projects, buildings and subdivisions that are started after the effective date of the fee. mps September 3, 2003, 5:00PM S:\PROJECTS\TIF~Phase 3\CC 9_10_03\TIF Ill Ordiance and Resolution Admin.doc ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Hearings ITEM: q. 0/. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 28, 2003 /~VED DEPARTMENT HEAD,/ ~ / CITY ATTORNEY~'"'~/~---~.- CCFY MANAGER ~/0~ Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract Map 6148 and the Negative Declaration, denying the appeals by the Sierra Club, and Sage Community Group, Inc. (Ward 3) RECOMMENDATION: Staff recommends to adopt resolution upholding and modifying the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract Map 6148 and denying the appeals. BACKGROUND: On June 5, 2003, the Planning Commission adopted Resolution No. 92-03, conditionally approving Vesting Tentative Tract Map 6148 proposed by Pinnacle Engineering, the applicant representing Sage Community Group, Inc. Tract 6148 is located on the east side of Alfred Harrell Highway, south of the Kern River Golf Course. Gordon I. Nipp, of the Sierra Club filed an appeal to the Planning Commission's approval of Tract 6148 and Negative Declaration citing cumulative impacts to air quality and traffic are significant. Robert Smith, of Sage Community Group Inc., also filed an appeal relative to conditions of approval addressing the acquisition of the Specific Plan Line for State Route 178. Tract 6148 consists of a proposed phased subdivision consisting of 361 lots for the purpose of a gated private street single family residential development and one park lot and 3 open space lots on 219 acres zoned for single family residential with some Hillside Development, Floodplain Primary and Secondary overlays. The tract also includes a request for alternate street and lot designs, and reserving a drill site. The Initial Study, draft resolution, staff report to the Planning Commission and Planning Commission minutes are attached. The "Background Material for Tract 6148" containing an "Air Quality Study" by WZl, Inc., "Biological Assessment and Addendum" by Pruett and Associates, and a "Limited Traffic Study" by Pinnacle Engineering are in a separate binder for review at the City Clerk's office. Mitigation measures from these studies as well as mitigation addressing cultural and paleontological resources are included in the conditions of approval that reduce all impacts to less than significant levels. ADMINISTRATIVE REPORT Page2 During the June 5, 2003 public hearing before the Planning Commission, eight speakers in opposition spoke expressing concerns related to reduced air quality, and the scenic nature of the area, increased traffic, and use of solar energy. Five speakers spoke in support of the project. The Sierra Club's letter of appeal (attached as background material) stated concerns that cumulative impacts to air quality and traffic have not been addressed. The letter suggests there would be detrimental health effects from air pollution and states this tract in combination of other projects in the area would result in congestion on Highway 178. In addition, the letter states there are potential for unexplored impacts to wildlife as well as impact of building next to the river. Staff Response: The "Air Quality Study" prepared by WZl, Inc. evaluated cumulative air quality impacts and determined that the project is considered cumulatively less than significant with mitigation for Nitrogen Oxides (NOx) and Reactive Organic Gases (ROG). In accordance with CEQA, the implementation of mitigation measures to reduce impact to less than significant levels is appropriate, and an EIR is then not necessary. In response to the appellant's concerns with traffic congestion, congestion on Highway 178 would exceed acceptable levels only if the approved tracts in the Highway 178 area, east of Highway 184 were all built out today under present-day road conditions. However, tracts are built out over a number of years, with each project paying for its proportional share through the Transportation Impact Fee program for funding the widening of Highway 178. Public Works Department (PWD) reports that the widening of Highway 178, near Highway 184 will be scheduled in a timely manner to meet future growth needs. The applicant has agreed to Condition No. 6, which requires the construction of widening the tract's frontage along Alfred Harrell Highway. In addition, PWD is proposing advance planning in the 2003-04 fiscal year budget as a first step toward construction of Highway 178 as a freeway on the adopted Specific Plan Line. This would include Project Study Reports on the interchanges at Masterson, Vineland and Alfred Harrell Highway. Saqe Community has appealed Condition No. 8, which addresses the Highway 178 Specific Plan Line that traverses the southern portion of the tract. In their appeal letter (attached as background material), Sage desires the adopted Specific Plan Line should be moved south to the Tract's south boundary or to the south side of Old Walker Pass Road. Sage believes the current Specific Line was set without analysis of local topography; it severs Tract 6148; that realignment can be done without major change to the overall freeway alignment; and realignment will help solve Alfred Harrell Highway/Old Walker Pass interchange design issues. Condition No. 8 requires that prior to recordation of the first phase, the applicant enter into an agreement with the City to reserve Phase 1 (area that includes the SR 178 Specific Plan Line) for City acquisition within two years of the completion and acceptance of improvements for the first phase other than the Phase containing the SR 178 Line. Also, this condition limits the access across Highway 178 to Old Walker Pass Road (adjacent the freeway reservation) to one location in order to accommodate potential future freeway improvements. Staff Response: In early 1960's, the State of California adopted a route for the alignment of SR 178 east of Bakersfield. In 1995, the City amended the Circulation Element of the ADMINISTRATIVE REPORT Page3 Metropolitan Bakersfield General Plan, and adopted the alignment as a Specific Plan Line and included a width of 210 feet for the freeway facility. In accordance with the Subdivision Map Act, a tentative subdivision map is required to be consistent with the General Plan, and specific plans which depicts the SR 178 Specific Line. Tract 6148 as approved by the Planning Commission reflects the adopted Specific Plan Line of SR 178. The applicant's request would render Tract 6148 inconsistent with the General Plan and therefore, the Subdivision Map Act does not allow the City to approve the tract. Any modification to the adopted route requires a great deal of environmental work. Typically, this involves a process that could take up to twelve (12) years to complete. Based upon the time frames for modification to Specific Plan Line adopted by Caltrans and the fact that Caltrans is not a party to the development process, staff cannot recommend altering the existing Specific Plan Line. Prior to submission of the tract application, Sage Community was aware of the Specific Plan Line and that the subdivision is required to accommodate the Specific Plan Line. Therefore, Public Works recommends that Conditions 8.1 and 8.2 remain intact. The conditions are reasonable to both the City and the applicant. In fact, the applicant agreed to these conditions prior to the Planning Commission hearing. Conclusion. The initial study, including the "Air Quality Impact Study" and the "Limited Traffic Study" prepared for this tract include mitigation measures that reduce all impacts to less than significant. In accordance with CEQA, the Negative Declaration with mitigation measures is adequate and an appropriate environmental document. In addition, staff is of the opinion that the conditions related to the Specific Plan Line of Highway 178 should not be revised. Pursuant to Subdivision Map Act Section 66474.2, in determining whether to approve or disapprove the map, a local agency may only apply the ordinances, policies, and standards in effect on March 11,2003, which is the date the application was deemed complete. The applicant has agreed to add Condition No. 52 regarding indemnification. Based on the above information, Staff recommends the Council uphold and modify the Planning Commission's decision to approve the tract with conditions and mitigation measures, adopt the Negative Declaration, and to deny the appeals by the Sierra Club and Sage Community. Jeng Admin\sep\9-10-6148 ADMINISTRATIVE REPORT MEETING DATE: September 10, 2003 AGENDA SECTION: Hearings ITEM: q. (:~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 26, 2003 ,~~PROVED D E PARTM EN T ~.~'..,/'/, Resolution upholding the decision of the Planning Commission approving Revised Vesting Tentative Tract Map 6185 and the Negative Declaration, and denying the appeal by Mclntosh and Associates. (Ward 4) RECOMMENDATION: Staff recommends adopting resolution upholding the Planning Commission's decision approving the Negative Declaration and Revised Vesting Tentative Tract Map 6185 and denying the appeal. BACKGROUND: On August 7, 2003, the Planning Commission adopted Resolution No. 115-03, conditionally approving Vesting Tentative Tract Map 6185 proposed by Mclntosh and Associates, representing the subdivider, Castle and Cooke Development. Tract 6185 is located on the west side of Jewetta Avenue, south of the Westside Parkway Specific Plan Line. It consists of 202 lots for purposes of small lot single family development, and one lot size for a private park on 41.09 acres, zoned R-2 (Limited Multiple Family Dwelling) including a request for alternate lot and street design. The Initial Study is attached as background material. Mclntosh and Associates filed an appeal to the Planning Commission's denial of the request for park land credit for Tract 6185. The subdivider proposes to construct a 2.2 acre private recreational area. The private park consists of open space (turf and trees), a picnic/BBQ area, pool and shade trellis. CC&R's will require the homeowners to preserve the recreation area as well as provide for its maintenance. The applicant is of the opinion that the proposed facilities are appropriate to the recreational needs of the residents and are substantially comparable to the park land which otherwise would be required to be dedicated. The appellant suggested that the there was no need for further park land in the area because Liberty Park has atready been acquired, and the new Rio Vista Park is being developed by the City. During the May 15, 2003 public hearing before the Planning Commission, Roger Mclntosh, of Mclntosh and Associates, spoke in opposition to staff's recommendation to deny the request for park credit. There were no other speakers. Since Tract 6185 is located within the boundaries of ADMINISTRATIVE REPORT Page2 the North Bakersfield Recreation and Parks District, staff contacted the District to obtain their comments. The District's Board of Directors adopted Resolution #56-03 recommending against the park credit because there would be no benefit to District residents in approving the credit since Liberty Park serves the tract. This resolution is attached in the background material. Staff recommends denial of the request. The intent of the Park Land Ordinance is for new development to provide public park land at the adopted standard. In accordance with the Ordinance, if land is not available, fees collected in-lieu of land dedication may be used to enhance or develop existing parks to provide service for the new residents. In addition, acquisition of parks may require "pooling" funds from other sources to acquire available land ahead of development. Then, as development occurs in '[he vicinity of the park, these developments reimburse those funds. North Bakersfield Recreation and Park District constructed Liberty Park prior to or concurrently with the surrounding subdivisions developed by Castle and Cooke, Castle and Cooke benefited from Liberty Park because development of Liberty Park was earlier than typical, and most likely was a "turn-key" marketing tool for many of the homes in the area. It is staff's opinion that the developer is getting a benefit under the "small lot" section of the Subdivision Ordinance because of the increase in the lot yield if he provides an amenity (such as a private recreation area) for its residents. That same amenity should not be used to reduce the "public" standard for parks. City standards calculate park land as "usable land." The parking lot (10 spaces) should not be included as part of the recreation facility. Therefore, the actual amount of recreation area is slightly less than the 2.2 acres the applicant states. In accordance with the Park Land Ordinance, the amount of credit available for this tract would be up to 0.45 acres, as shown below. Instead of the standard 2.5 acres of park land per 1,000 population, the tract would be required to provide park land at a rate of 1.8 acres per 1,000 population. PARKLAND RATE COMPARISON RATE AMOUNT OF PARK LAND REQUIRED OF TRACT City Standard: 2.5 acres per 1,000 population 1.54 acres Requested Credit: 1.8 acre per 1,000 population 1.09 acres Amount of Credit: 0.45 acres (1.54 acres - 1.09 acres = 0.45 acres) ADMINISTRATIVE REPORT Page3 Except for the park credit issue, the applicant has agreed to all the conditions as adopted by the Planning Commission. Conclusion. Based on the above information, Staff recommends the Council uphold the Planning Commission's decision to approve the tract with conditions, adopt the Negative Declaration, and to deny the appeal. Jeng Admin\sep\9-10-6185