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HomeMy WebLinkAbout01/28/04_CC_AGENDA_PACKETWELCOME TO YOUR CITY COUNCIL MEETING ON BEHALF OF THE CITY COUNCIL, I WANT TO THANK YOU FOR A~-I-ENDING THIS MEETING. I HOPE YOU FIND THE FOLLOWING INFORMATION HELPFUL. ADDITIONALLY, IN COMPLIANCE WITH THE "AMERICANS WITH DISABILITIES ACT," SHOULD YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, OR HAVE QUESTIONS REGARDING THE AGENDA, PLEASE CONTACT MY OFFICE DURING REGULAR BUSINESS HOURS AT (661) 326-3767. PAMELA A. McCARTHY, CMC CITY CLERK LEGEND 1 - Irma Carson, Councilmember, First Ward 2 - Sue Benham, Councilmember, Second Ward 3 - Mike Mag~]ard, Councilmember, Third Ward 4 - Harvey L. Hall, Ma}or 5 - David Couch, Vice-Ma}or, Fourth Ward 6 - Harold Hanson, Councilmember, Fifth Ward 7 - Jacquie Sullivan, Councilmember, Sixth Ward 8 - Mark Salvaggio, Councilmember, Seventh Ward 9 - Raul Rojas, Public Works Director 10 - Jack Hardisty, Develo[:)ment Services Director 11 - Alan Tand¥, City Manager 12 - Virginia Gennaml City Attorney 13 - Pamela A. McCarthy, City Clerk 14 - News Media Your City Government The City of Bakersfield is operated under the Council-Manager form of Government. The City Council is the legislative and policy- making body of the City. The City Manager is the Chief Executive Officer responsible for the administration of City affairs. The City Council is composed of seven members, elected from the seven separate wards of the City on a nonpartisan basis, to serve four-year overlapping terms. It is the Council's responsibility to enact Ordinances, Resolutions and Orders necessary to govern the affairs of the City as outlined in the City Charter. City Council Meetings are a vital part of the Democratic process in the administration of the City's affairs. The City Council appreciates your interest and urges citizen participation in government matters. These meetings are open to the public and conducted by your elected representatives, as a body. Council meetings are held in the Council Chambers of City Hall, 1501 Truxtun Avenue, at 5:15 o.m.. generally every other Wednesday. Audio and video broadcast of the meeting may be accessed through the City's Web Page at: www.ci.bakersfield.ca.us The City Council is organized into seven standing committees which were created to review and analyze all City policies and programs and make necessary recommendations back to the full Council. Each committee consists of three Councilmembers and each Councilmember will chair at least one of the following Committees: Budget and Finance Legislative and Litigation Water Resoumes Intergovemmental Relations Planning and Development Personnel Community Services Conduct of Council Meetings Meetings of the Council are governed under "Robert's Rules of Order" on all matters pertaining to parliamentary law. However, no action of the Council will be invalidated nor legally challenged by the failure to stdctly follow such rules. Additionally, Ordinances and policies have been adopted covering Council meeting procedures, including time limitations for public comment. Items to be considered at 5:15 p.m. may be continued to 7:00 p.m., but not necessarily in the same order. MAYOR The Mayor is the presiding officer at City Council Meetings. The Mayor executes all legal instruments and documents however, is not vested with administrative authority. The Mayor is elected at-large for a four-year term and serves as the official head of the City for all legislative policy and ceremonial purposes. In the event of a tie vote among the Council, the Mayor has the authority to cast a vote, in order to break the tie. PUBLIC COMMENTS MAY BE MADE ONLY UNDER PUBLIC STATEMENTS OR HEARINGS. PUBLIC STATEMENTS - Following the guidelines established in California Government Code {}54950, known as the "Brown Act," most cities establish specific rules and procedures governing public comment and conduct of their meetings. You are invited to address the Council dudng the Public Statements portion of the Agenda on any matter related to City business exceot matters set for Public Headng on the agenda before the Council. To address the Council, fill out a Speaker's Card and present it to the City Clerk before the meeting begins and no later than the conclusion of the Public Statement portion of the Agenda. Public Statements are limited to three (3) minutes per speaker with a maximum of fifteen (15) minutes, per side, for any one subject. The council may, by majority vote, waive the time limit. The Council will take no action other than to refer the issue to committee or staff. Anyone who has not provided a Speaker's Card to the Clerk will not be allowed to speak during the public statement portion of the meeting, unless approved, by motion, by the City Council after being notified of the name of the person and the subject matter addressed. You may provide written comments to the Clerk, or send written communication addressed to the Council. However, under existing rules, the City Manager is charged with the responsibility of determining if the communication is to be placed on the agenda. Therefore, written communications addressed to the Council which can be handled by appropriate members of City staff, as determined by the City Manager, will be so handled. You should receive a response from the staff regarding the disposition of your communication. Communication to Councilmembem not requiring Council action will be distributed to the Council through their mailboxes. City Council Agenda AGENDA PACKET - The Agenda and packet containing supporting material is prepared generally by 4:00 P.M., the Friday prior to the Council Meeting. Complete packets are available for review at Beale Memorial Library and the City Clerk's Office. Additionally, citizens can access the materials through the City's Web Page at: www.ci.bakersfield.ca.us. CONSENT CALENDAR - All matters are considered routine and generally approved in one motion. A Councilmember or member of the public, during Public Statements, may request an item be taken off the Consent Calendar for discussion or have the item deferred for further study prior to the time the Council votes on the motion to adopt the item. HEARINGS - Proponents and opponents may address the Council dudng the public portion of the hearing. Each side is limited to fifteen (15) minutes, with an additional five (5) minutes for rebuttal The Mayor will close the public portion of the hearing, at which time no member of the public will address the Council unless specifically asked to by a member through the Presiding Officer. THE MOST EFFECTIVE WAY OF COMMUNICATING YOUR THOUGHTS TO THE COUNCIL ON PUBLIC HEARING MATTERS IS BY SUBMI'CRNG YOUR COMMENTS iN WRITING, PREFERABLY NO LATER THAN 2:00 P.M., THURSDAY OF THE WEEK PRIOR TO THE COUNCIL MEETING IN ORDER FOR YOUR COMMUNICATION TO BE REPRODUCED FQR THE AGENDA PACKETS. However, legally you may submit such material up to, and including, the time of the actual public hearing. REPORTS. - Council Committee reports and Staff updates are provided to the Council either orally or in writing. COUNCIL STATEMENTS - Councilmembers may refer matters and issues of concern to Committees and/or staff. Definitions THE FOLLOWING ARE TERMS AND PHRASES YOU WILL ENCOUNTER DURING A COUNCIL MEETING OR WHEN READING THE AGENDA: CITY BOARDS. COMMITTEES. AND COMMISSIONS - Council appointed advisory bodies that carry out functions designated by City Council or law. CLOSED SESSION - A "closed door" meeting provided for by State Law which allows Councilmembers to consider, in private, legal matters, specific personnel issues and labor negotiation matters. MOTION - A proposal made by a Councilmember, for action by the full Council. ORDINANCE - An Ordinance, or amendment to an Ordinance, is a "legislative act" and requires two readings at separate Council meetings. An Ordinance becomes effective thirty (30) days after adoption. EMERGENCY ORDINANCE - This Ordinance requires only one reading and is effective immediately upon adoption. RESOLUTION - A formalized action of the Council expressing policy or directing certain types of administrative action, it becomes effective immediately and may be changed by an amendment or subsequent resolution. STAFF - The professional employees of the City who direct the day-to-day operations and carry out policies set by the City Council. The City Manager is appointed by the City Council to direct administrative operations of the City government. The City Attorney is appointed by the City Council and serves as chief counsel and legal representative of the City. ...... 0Oo BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 28, 2004 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the January 14, 2004. Payments: Approval of department payments from January 1, 2004 to January 15, 2004 in the amount of $6,862,233.88 and self insurance payments from January 1, 2004 to January 15, 2004 in the amount of $190,727.84. Ordinances: (Ward 4) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 to change the zoning from C-1 (Neighborhood Commemial) to R-1 (One-Family Dwelling) on 5+ acres located along the northwest corner of Progress Road and Panama Lane. (First Reading 1/14/04) Adoption of Ordinance amending Section 10.69.030 of the Municipal Code relating to Special Events Application - Issuance Fee. (First Reading 1/14/04) (Wards 4,7) Adoption of Ordinance amending Municipal Code Sections 1.12.040 and 1.12.070 by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7. (First Reading 1/14/04) Resolutions: (Wards 1,4,5) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 453, 454 and 456 located in four separate areas, (1) north of Rosedale Highway, east and west of Henry Lane, (2) south of the Arvin-Edison Canal, generally east of Cottonwood Road, (3) west of Jewetta Avenue generally north of Brimhall Road; and (4) south of Panama Lane, east of Old River Road. (Ward 2) g. Mohawk Planned Sewer Area: Resolution adopting the Mohawk Planned Sewer Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Sewer Facilities. (First Reading 1/14/04) (Ward 4) (Ward 1) (Ward 4) (Ward 4) (Ward 4,5,7) CONSENT CALENDAR continued Resolution adding territory, Area 1-41 (Stockdale, Renfro NW) 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 2-26 (Stockdale, Real) 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. 1324 to add territory, Area 1-44 (Allen, Snow SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution adopting a Maintenance and Operation Plan for the Allen Road Extension to 1.1 miles West (Kern River Levee west of S. Allen Road). Resolution approving annual renewal of Novell Software Licenses, not to exceed $60,000.00 per year. Resolution approving annual renewal of support and maintenance services for Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD) Software, not to exceed $200,000.00 per year. Resolution determining the the purchase of fixed two way radio equipment (Police Department) cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $60,000.00. o. Local Government Air Quality Measures Resolution to implement Local Government Transportation Control Measures in the Extreme Area Ozone Plan for the San Joaquin Valley. Agreements: p. Tract Map and Improvement Agreements: Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 3 located south of Berkshire Road and west of Monitor Street. Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6077 Unit 13 located west of Verdugo Lane and south of Olive Drive. Final Map and Improvement Agreements with Eagle Meadows of Bakersfield I, CA., LLC and Truxtun Plumbing and Mechanical, Inc. for Tract 6187 located east of Buena Vista Road and north of Pacheco Road. q. Contracts for legal services: 1. Agreement with Clifford & Brown ($175,000.00) for legal services. 2. Agreement with Marderosian, Runyon, et al ($150,000.00) for legal services. 2 3. CONSENT CALENDAR continued (Ward 2) Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the terms of the termination clause. (Ward 3) Amendment No. 1 to Right of Way Contract No. 03-254 with Caltrans for the intersection of State Highway 178 and Mount Vernon. Amendment No. I to Agreement No. 03-182 to reduce fees charged by Krazan & Associates for geotechnical and materials testing services for various Capital Improvement Projects for a net reduction of $9,153.75. (Ward 1) Amendment No. 3 to Agreement No. 01-087/RA 013 with Capital Vision Equities Development, Inc. to correct technical language in the agreement to include the federal prevailing wage designation. (Ward 3) Maintenance and Use Agreement, Quitclaim Deed, and Grant of Easement for Camino Grande Street Vacation at the Bear Mountain Cogeneration Facility. Bids Miscellaneous w. Historic Preservation Commission 2002/2003 Fiscal Year Annual Report. (Ward 1) Community Development Block Grant (CDBG) Action Plan Amendment No. 3 (FY 03/04) for Wayside Park - Wet Play Area Project. Appropriate $35,000.00 current year CDBG Program Income to the Capital Improvement Budget. Staff recommends adoption of Consent Calendar items a through x. 4. CONSENT CALENDAR HEARINGS - see items at 7:00 pm portion of meeting 5. WORKSHOP (15 rnin) a. Westside Parkway Update. (Staff presentation by Public Works Director Raul Rojas) (15min) Pool Closures. (Staff presentation by Interim Director of Recreation and Parks Alan Christensen) 6. CLOSED SESSION Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL 8. INVOCATION by Pastor Ron Roberson, Higher Ground Church. 9. PLEDGE OF ALLEGIANCE by Justin Lopez, 6~h Grade Student at Eissler Elementary School. 10. CLOSED SESSION ACTION 11. 12. 13. 14. (Ward 5) (Ward 3) (Ward 3) WORKSHOP - for those Workshop(s) listed but not heard at 5:15 pm portion of meeting PUBLIC STATEMENTS CONSENT CALENDAR- for those Consent matters listed but not heard at 5:15 pm portion of meeting HEARINGS - Council may also hear Consent headng items listed but not heard at 5:15 pm portion of meeting. Continued Public Hearing to consider appeal filed by Castle and Cooke of Planning Commission's approval of Vesting Tentative Tract Map No. 6223 located at the northeast comer of White Lane and South Allen Road {Engineer-Mclntosh & Associates/Subdivider - Castle & Cooke Development). Resolution modifying the Planning Commission's conditions of approval, adopting the Negative Declaration, approving Vesting Tentative Tract Map No. 6223 located on the northeast corner of White Lane and South Allen Road, and denying the appeal. First Reading of Ordinance modifying the Planning Commission's conditions of approval, adopting the Negative Declaration and amending Section 17.06.020 of the Municipal Code (Zone Map No. 112-12) by changing the zoning from an R-1 (One Family Dwelling) Zone to PUD (Planned Unit Development) Zone on 107.38 _+ acres generally located on the northeast corner of White Lane and South Allen Road, and denying the appeal. (GPA/ZC 03-1073) Staff recommends adoption of resolution denying the appeal, adopting the Negative Declaration, and approving Vesting Tentative Tract Map No. 6223; and, give first reading to the ordinance. Public Hearing to consider appeal by Sierra Club of Planning Commission's approval of Revised Vesting Tentative Tract 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road (Engineer-Porter Robertson/Subdivider-McMillan Albany, LLC). Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road. Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning Commission and approving Revised Vesting Tentative Tract Map 6169. Public Hearing to consider appeal by Sierra Club of Planning Commission's approval of Vesting Tentative Tract 6193 located at the southeast corner of State Route 184 {Kern Canyon Road) and Mesa Marin Drive (Engineer-Porter Robertson/Subdivider-Allen L. Newsome). Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning Commission, adopting the Negative Declaration and approving Vesting Tentative Tract Map 6193 located at the southeast corner of State Route 184 (Kern Canyon Road) and Mesa Marin Drive. Staff recommends adoption resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 6193. 4 15. 16. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 1/22/04 11:46 am ADDENDUM BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 28, 2004 6.b. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9. One (1) potential case. Respe~fully submitted, Alan Tandy City Manager ADDENDUM BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 28, 2004 6.b. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9. One (1) potential case. Respe~fully submitted, Alan Tandy City Manager B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL A~,-¢-. JOHN W. STINSONL), A~,~ISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JANUARY 28, 2004 COUNCIL MEETING January 23,2004 REGULAR MEETING 5:15 p.m. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 31. Resolution Approvinq Annual Renewal of Novell Software Licenses, in an amount not to exceed $60,000 Der year. The City uses Novell software for its operating system. The licensing has been negotiated through the State of California State Store process, and the City of Los Angeles. Compucom has agreed to pass the 53.6% discount to the City. The Resolution provides that the City may continue to renew the Novell licenses, as long as the licensing price has been negotiated through the same process. Item 3m. Resolution Approvinq Annual Renewal of Sueeort and Maintenance Services for Versaterm'~ Records Manaqement System CRMS) and Computer Aided Dispatch (CAD) Software, in an amount not to exceed $200.000 per year. These software products are used by the Police Department for functions critical to the operations of the department as detailed in the administrative report. The cost to renew these services is $93,784 for 2004 and approximately $175,000 for subsequent years. Staff requests authorization to renew these services for 2004 and subsequent years without further Council action, provided that the cost does not exceed $200,000. Item 3n. Resolution Determininq that the Purchase of Fixed Two-Way Radio Equipment (Police Department) Cannot be Obtained Throuqh Usual Biddinq Procedures and Authorizinq the Finance Director to Dispense with Biddinq Therefore, in an amount not to exceed $60,000. The Police Department's existing fixed two-way radio system was purchased and installed in 1985. Parts for the repeaters are no longer available, reliability has deteriorated, and existing equipment will not function properly with new digital format radios required by the FCC. Staff is replacing the repeaters over a four- year period. The new fixed two-way radio repeaters will allow the new digital radios to operate in the encrypted mode as well as the old analog format. As old repeaters are removed from service, they can be used for maintenance parts for the remaining equipment. Staff negotiated a 17% discount with Motorola for 3 high quality Police fixed digital radios. Item 30. Resolution to Implement Local Government TransPortation Control Measures in the Extreme Area Ozone Plan for the San Joaquin Valley. The San Joaquin Valley Air Pollution Control District (SJVAPCD) has requested the EPA to reclassify the San Joaquin Valley Air Basin to extreme non- HONORABLE MAYOR AND CITY COUNCIL JANUARY 28, 2004 PAGE 2 attainment for ozone. The reclassification would extend the attainment deadline to 2010 and requires the Air District to develop and adopt an Extreme Area Ozone Plan. This resolution will be part of an overall ozone attainment plan. The resolution describes reasonably available transportation control measures that the City has, and will implement, in order to reduce ozone causing emissions into the air from transportation sources. The resolution also describes measures that are not feasible because they are either the responsibility of other entities, such as those regarding transit, or they are not technically or economically feasible. The plan is similar to the transportation control measures previously adopted by the Council in 2002, but have been updated to reflect additional information and actions taken by the Council. These include the completion of the recent update of the Metropolitan Bakersfield General Plan; the adoption of a revised Transportation Impact Fee program which provides for a 50% reduction in fees for development which occurs within the core are of the City to encourage in-fill development and reduce transportation impacts; the recommendation of a downtown site for the proposed Metropolitan Bakersfield High Speed Rail Terminal; the construction of the LCNG fueling station; as well as the construction of 8 additional miles of bike path and the landscaping, resurfacing and widening of 7.5 miles of existing bike paths using over $2 million in state bond funds. Aqreements: Item 3a. Contracts with Clifford & Brown and Marderosian, Run¥on, et al for Leqal Services. In an effort to save General Fund tax dollars, the City Attorney's Office desires to outsource a majority of its litigation caseload with two established law firms. Both firms have defended the City in the past with positive results. The contract with Clifford & Brown provides that they will defend the City in 30 Kern County Superior Court cases for a flat fee of $175,000. The contract with Marderosian, Runyon, et al provides that they will defend the City in 25 Federal Court cases in Fresno for a flat fee of $150,000. The expected annual General Fund savings is approximately $269,000. Item 3s. Amendment No. 1 to Riqht-of-Way Contract No. 03-254 with CalTrans for the Intersection cf State Hiahwav 178 and Mount Vernon. In 1990, the City acquired a sump from the State which is located adjacent to the eastbound off-ramp of Highway 178 at Mt. Vernon Avenue. As a condition of transfer, the State reserved an easement to permit it to discharge run off from the Highway into the sump. The State then determined that it should widen the eastbound off ramp at Mt. Vernon and offered to purchase approximately small portion of the sump. Staff agreed, providing that CaITrans agrees to maintain the sump's existing capacity. Council approved such an agreement on August 27, 2003. CalTrans cannot now afford to pay for the property; only for construction. However, they offered to waive the City's share of engineering and construction costs for the reconfiguration of the sign system at the Mt. Vernon ramps in exchange for the consideration owed under the 2003 Agreement. Staff feels this is reasonable and recommends accepting CalTrans' proposal. Item 3t. Amendment No. 1 to Aqreement No. 03-182 to Reduce Fees Charqed by Krazan & Associate;; for Geotechnical and Materials Testinq Services for Various Capital Improvement Projects for a Nel. Reduct on of $9,153.75. In order to assist the City in coping with the current budget situation caused by the lack of Vehicle License Fee backfill from the State, Krazan & Associates has offered to reduce the fees that they currently charge for geotechnical and materials testing services. This amended agreement will reduce the total compensation to Krazan & Associates by $9,153.75. .Item 3u. Amendment No. 3 to Aqreement No. 01-087/RA 103 with Capital Vision Equities Development, Inc. (CVE) to Correct Technical Lanquaqe to Include Federal Prevailinq Waqe Desiqnation. CVE is developing 180 units of affordable housing south of California Avenue in the Southeast Redevelopment Project Area. The project was financially assisted with City HOME funds and Downtown Redevelopment Project Area Housing Set-aside funds, and later received a substantial federal tax credit. Staff recently reviewed the language in the City's agreement with CVE and found inconsistencies between the HONORABLE MAYOR AND CITY COUNCIL JANUARY 28, 2004 PAGE 3 agreement and the construction bidding documents. The proposed amendment clarifies that Federal Davis Bacon Prevailing Wages will be used on the project. Item 3v. Maintenance and Use Aqreement. Quitclaim Deed, and Grant of Easement for Camino Grande Street Vacation at the Bear Mountain Coaeneration Fac ry. Council approved the Camino Grande Drive vacation on July 9, 2003. Bear Mountain, Ltd. and the City have agreed that the underlying fee ownership of the vacating area shall be Quitclaimed by Bear Mountain to the City upon completing the vacation. When Quitclaimed, the strip will be used for a City bike path, Cogeneration Plant Access, Public Utility purposes, and City and County Municipal Services. The City will also agree to placement of a gate across the bike path with a design to be approved by the City. Also, Bear Mountain and the City will enter into an agreement covering Bear Mountain's payment contribution for road maintenance and their access rights. Miscellaneous: item 3x. CDBG Action Plan Amendment No. 3. This amendment will allocate $35,000 of CDBG program income funds from FY 03/04 for the design and construction of a wet play area for Wayside Park. WORKSHOP There will be two workshops: 1) an update on the Westside Parkway by Public Works Director, Raul Rojas; and 2) a report on recommended pool closures by Interim Recreation and Parks Director, Alan Christensen. CLOSED SESSION There will be a conference with legal counsel regarding initiation of litigation for one case. CONTINUATION OF REGULAR MEETING - 7:00 p.m. ,HEARINGS I. tem 14a. Continued Public Hearinq to Consider an Appeal Filed by Castle and Cooke of Plannin~l Commission's AoDroval of Vestinq Tentative Tract Map No. 6223 Located at the Northeast Corner vi White Lane and South Allen Road. This appeal hearing was continued from the January 14, 2004 meeting. Castle and Cooke Development appealed conditions adopted by the Planning Commission related to the minimum paved width of alleys within the subdivision. Staff met with representatives from Castle and Cooke, and resolved the issues relevant to alley access for service and emergency response. The conditions of approval have been modified to reflect agreements as to minimum alley widths, parking restrictions, and refuse service issues. Staff recommends adoption. Item 14b. Public Hearinq to Consider an Appeal by the Sierra Club of Planninq Commission's Approval ur Revised Vestinq Tentative Tract 6169, Located North of Panama Lane, South of Harris Road (extended), East of Old River Road. Tract 6169 consists of 347 lots for single family residential purposes, a sump lot and a lot for future development on 87.81 acres zoned R-1 (One Family Dwelling) and C-1 (Neighborhood Commercial). The Planning Commission determined that a previous Negative Declaration, approved for the original approval of Tract 6169 was adequate for and pertinent to the tract. The changes made to the original map were not substantial and amounted to minor changes in street design and minor changes in lot sizes. The Sierra Club filed an appeal objecting to the Planning Commission's approval and requested an Environmental Impact Report (EIR) be prepared. It is the same series of claims they now file on all new developments prior to filing litigation. Rebuttal information is contained in the administrative report. Staff recommends the appeal be denied, and uphold the decision of the Planning Commission. HONORABLE MAYOR AND CITY COUNCIL JANUARY 28, 2004 PAGE 4 Item 14c. Public Hearinq to Consider an Appeal by the Sierra Club of Planninq Commission's Approval of Vestinq Tentative Tract 6193 Located at the Southeast Corner of State Route 184 {Kern Canyon Road) and Mesa Marin Drive. Tract 6193 consists of 139 lots on 40.59 acres for single family residential purposes zoned R-1 (One Family Dwelling) and a request for alternate lot design. The Sierra Club filed an appeal to the Planning Commission's approval of this tract also, as they are now doing on all development. Rebuttal information is contained in the administrative report. Staff also recommends that the appeal be denied on this item. AT:JVVS:al cc: Department Heads City Clerk's Office News Media File MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JANUARY 14, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. ACTION TAKEN REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:40 p.m.), Benham, Hanson, Sullivan, Salvaggio Absent: None Motion by Vice-Mayor Couch to add item 3.kk., to the agenda, an item that arose after the agenda was posted, and which requires immediate action. APPROVED AB CARSON 2. PUBLIC STATEMENTS None. 3. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the December 10, 2003. Payments: Approval of department payments from November 22, 2003 to December 31,2003 in the amount of $21,507,713.58 and self insurance payments from November 22, 2003 to December 31, 2003 in the amount of $470,901.75. Ordinances: First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 to change the zoning from C-1 (Neighborhood Commercial) to R-1 (One-Family Dwelling) on 5_+ acres located along the northwest corner of Progress Road and Panama Lane. FR Bakersfield, California January 14, 2004 - Page 2 CONSENT CALENDAR continued First Reading of Ordinance amending Section 10.69.030 of the Municipal Code relating to Special Events Application - Issuance Fee. First Reading of Ordinance amending Municipal Code Sections 1.12.040 and 1.12.070 by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7. Adoption of Ordinance amending Municipal Code Sections 1.12.010 and 1.12.040 by adding Annexation No. 442 to Ward 1 and Annexation No. 439 to Ward 4. Adoption of Ordinance amending Section 2.28.0990 of the Municipal Code relating to Appointments to Board of Zoning Adjustment. Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on 20-56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road (ZC 03- 0745). Resolutions: Resolution Ordering Change of Proceedings to authorize additional improvement work in Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial). ACTION TAKEN FR FR ORD 4163 ORD 4164 REMOVED FOR SEPARATE CONSIDERATION RES 001-04 Bakersfield, Califomia January 14, 2004 - Page 3 CONSENT CALENDAR continued Maintenance and replacement of fire station apparatus overhead doors. Resolution determining that certain equipment can only be reasonably obtained from one vendor, Robert Moss, Jr. Architectural Specialties, and authorizing the Finance Director to dispense with bidding not to exceed $78,000.00. Contract with Robert Moss, Jr. for maintenance and replacement of fire station overhead doors not to exceed $78,000.00. Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase Harris Microwave Equipment for various radio communications sites, not to exceed $200,000.00. Resolution determining that certain equipment, Mobile Decontamination System, can only be reasonably obtained from one vendor, Modec, Inc., and authorizing the Finance Director to dispense with bidding not to exceed $78,000.00. Resolution of Application proposing proceedings for annexation of inhabited territory to the City property identified as Annexation No. 455 located west of Allen Road, north of Palm Avenue. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 451 located along the northwest side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive. ACTION TAKEN RES 002-04 AGR 04-001 RES 003-04 RES 004-04 RES 005-04 RES 006-04 Bakersfield, California January 14, 2004 - Page 4 CONSENT CALENDAR continued Resolution approving the application for grant funds for the 2004 - 2005 Environmental Enhancement and Mitigation Program for the following four projects: East California Avenue Streetscape (Phase I) - installation of median island landscape and hardscape from Union Avenue to King Street. New Stine Road Landscape Barrier - installation of parkway landscaping from Sundale Avenue to Demaret Avenue. Rio Vista Park Water Recharge/Recreational Facility Buffer - installation of parkway landscaping on east side of Jewetta Avenue adjacent to park site. Ming Avenue Median Enhancement - installation of median island landscape and hardscape from New Stine Road to SR 99. Resolution adding territory, Area 5-11 (Oswell, Zephyr NW) 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. 1321 to add territory, Area 1-41 (Stockdale, Renfro NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1322 to add territory, Area 2-26 (Stockdale, Real) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 007-04 RES 008-04 ROI 1321 ROI 1322 Bakersfield, California January 14, 2004 - Page 5 CONSENT CALENDAR continued Mohawk Planned Sewer Area (generally bounded by the Calloway Canal on the north, Highway 99 on the east, the Cross Valley Canal/Kern River on the south and the Friant Kern Canal/Coffee Road on the west): Resolution of Intention No. 1323 to establish the Mohawk Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to Sewer Facilities. Agreements: t. Citywalk Project Parking Agreements: Agreement with D. W. Sivers for sale of real property located north of 13th Street and east of "N" Street. Joint Use Parking Agreement with D. W. Sivers for shared parking of certain City owned parking lots and commercial development parking lot. Appropriate $50,000.00 U.S. Environmental Protection Agency, Brownfield Revolving Loan Program Funds to the Old Town Kern Operating Budget to address environmental cleanup issues associated with a commercial building located at 1924 Q Street (Assistance League of Bakersfield). Amendment No. 2 to Agreement No. 02-338 with Assistance League of Bakersfield. ACTION TAKEN ROI 1323 FR AGR 04.002 DEED 6030 AGR 04-003 A GR 02-338(2) Bakersfield, California January 14, 2004 - Page 6 CONSENT CALENDAR continued w. Tract Maps and Improvement Agreements: Final Map with McMillin San Trope, LLC for Tract 6019 Phase 2 located south of Olive Drive and west of Riverlakes Drive. Final Map with ADH Corporation for Tract 6140 Phase 2 located south of State Route 58 and east of Oswell Street. Final Map and Improvement Agreements with D. N. B. Development Corp. for Tract 6006 Phase 2 located east of Wible Road and north of McKee Road. Final Map and Improvement Agreements with F S I Developers, LLC for Tract 6066 Units 3 and 4 located south of Berkshire Road and west of Akers Road. Final Map and Improvement Agreements with Eagle Meadows of Bakersfield, I, CA, LLC, for Tract 6187 located east of Buena Vista Road and north of Pacheco Road. Consultant Agreements with Mclntosh & Associates ($300,000.00) and Quad Knopf ($450,000.00) to provide on- call construction inspection services for Capital Improvement Program and Development projects. Cooperative Agreement with the State of California, Department of Transportation, for the widening of Rosedale Highway between State Route 99 and Gibson Street. ACTION TAKEN AGR 04-004 AGR 04-005 AGR 04-006 AGR 04-007 REMOVED REMOVED FOR SEPARATE CONSIDERATION AGR 04-010 Bakersfield, California January 14, 2004 - Page 7 CONSENT CALENDAR continued Memorandums of Understanding between the City, County of Kern, Kern Council of Governments (KernCOG) and the State of California-Department of Transportation (Caltrans) for the Regional Transportation Model. Kern Regional Modeling Coordination MOU reaffirms the existence and roles of the Kern Regional Transportation Modeling Committee (RMC) founded in June 2001 by the Kern COG Board. Kern Regional Traffic Count Program MOU to develop and maintain inventory of traffic counters available for use by agencies to monitor traffic flow in the region. Kern Regional Transportation Model Distribution MOU establishes a distribution policy for the Model. aa. Amendment No. 3 to Agreement No. 99-334 with Duane Morris ($100,000.00, total contract amount not to exceed $350,000.00) for legal services in the matter of North Kern Water Storage District v. Kern Delta District, et al. bb. Bids: Amendment No. 1 to Agreement No. PW02-203 ($50,000.00) for additional consulting services and compensation to Dresser Services, Inc., for asbestos surveys on various projects. cc. Accept bid to award contract to Loop Electric ($71,232.25) for traffic signal and lighting installation at Brimhall Road and Old Farm Road. dd. Accept bid to award contract to Judge Netting, Inc. ($29,800.00) to construct Wood Waste Grinder Safety Cover. ee. Traffic Signal and Lighting Installation at Panama Lane and Monitor Street: Accept bid to award contract to Loop Electric ($99,345.50) for project. Appropriate $20,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. ACTION TAKEN AGR 04-011 AGR 04-012 AGR 04-013 A GR 99-334(3) AGR 04-0~4 AGR 04-015 AGR 04-016 AGR 04-0f7 Bakersfield, California January 14, 2004 - Page 8 CONSENT CALENDAR continued ff. Referral of Audit Reports to Budget and Finance Committee: Comprehensive Annual Financial Report (CAFR) for fiscal year ended June 30, 2003. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City for fiscal year ended June 30, 2003. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for year ended June 30, 2003. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City for the fiscal year ended June 30, 2003. gg. Appropriate $12,250.00 Southeast Project Area Housing Funds to the Capital Improvement Budget for the acquisition of two southeast tax default properties located at 19 Milham and 301 South Owens. hh. Appropriate $56,543.00 to the Redevelopment Operating Fund Budgets (Southeast - $9,063.00; Old Town Kern - $17,175.00; and Downtown $30,305.00) for State Educational Revenue Augmentation Fund (ERAF) Allocation. ii. Appropriate $300,000.00 ($73,000.00 SEPA; $113,000.00 OTK Operating; $40,500.00 OTK Housing; and, $73,500.00 DTPA Housing) to the Redevelopment Operating and Housing fund budgets for administrative costs associated with Economic Development Activities for Fiscal Year 2003-04. Community Development Block Grant (CDBG) Action Plan Amendment No. 9 (FY 02/03) and Amendment No. 2 (FY 03/04). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California January 14, 2004 - Page 9 CONSENT CALENDAR continued kk. Emergency road crossing repairs required at seven (7) separate locations. Resolution dispensing with bidding procedures due to emergency repairs required at seven (7) locations, six (6) along the Kern Island Canal and one (1) along the Stine Canal, not to exceed $1,500,000.00 (initial estimate only). Appropriate $1,500,000.00 (initial estimate of costs) Facility Replacement Reserve to the Capital Outlay Fund's Capital Improvement Budget. Motion by Vice Mayor Couch to adopt Consent Calendar items 3.a. through 3.jj. with the addition of 3.kk. and the deletion of item 3. w. 5., and the removal of items 3. h., 3.x. and 3.gg. for separate consideration. Consultant Agreements with Mclntosh & Associates ($300,000.00) and Quad Knopf ($450,000.00) to provide on- call construction inspection services for Capital Improvement Program and Development projects. Councilmember Hanson requested an analysis regarding growth trends, percentage projections, and the economics of hiring employees versus consultants to handle work generated by new development. Motion by Councilmember Hanson to approved the Agreements. gg. Appropriate $12,250.00 Southeast Project Area Housing Funds to the Capital Improvement Budget for the acquisition of two southeast tax default properties located at 19 Milham and 301 South Owens. Motion by Councilmember Maggard to approve the appropriation. Separate consideration for item 3.h. held at the 7:00 p.m. portion of the meeting. ACTION TAKEN RES 009-04 APPROVED AB CARSON AGR 04-008 AGR 04-009 APPROVED AB CARSON APPROVED AB CARSON Bakersfield, California January 14, 2004 - Page 10 CONSENT CALENDAR HEARINGS Hearing related to appeal filed by Castle and Cooke Development on Vesting Tentative Tract Map No. 6223 and Zone Change 03-1073 located on the northeast corner of White Lane and South Allen Road. Consolidated hearing of appeals by Mclntosh and Associates, on behalf of Mountain View Bravo LLC, of determination of incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and Paladino Drive west of Masterson and resolution upholding staffs determination of incompleteness. Hearings opened at 5:34 p.m. Motion by Councilmember Maggard to continue Hearing items 4. a. and 4.b. Councilmember Salvaggio requested staff investigate and report back to Council with the approval of 3. ee. on Consent, why the traffic signal at Panama and Monitor was not moved to the intersection at Panama and Berkshire. CLOSED SESSION Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding City v. SPCA, et al. Conference with Legal Counsel - Anticipated Litigation. Closed Session pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9. Two (2) potential cases. City Clerk McCarthy announced she had been advised by City Attorney Gennaro there would be one potential case discussed under item b. Motion by Vice-Mayor Couch to recess to Closed Session at 5:41 p.m. ACTION TAKEN APPROVED AB CARSON APPROVED Motion by Benham to recess from Closed Session at 6:54 p.m. APPROVED Bakersfield, California January 14, 2004 - Page 11 RECONVENED MEETING - 7:00 p.m. 6. ROLL CALL 10. Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Terry Barnett, River Oaks Church. PLEDGE OF ALLEGIANCE by Hailey Golich, 5th Grade Student at Stockdale Christian School. CLOSED SESSION ACTION ACTION TAKEN NO Conference with Legal Counsel - Existing Litigation. Closed REPORTABLE Session pursuant to subdivision (a) of Government Code ACTION Section 54956.9 regarding City v. SPCA, et al. Conference with Legal Counsel - Anticipated Litigation. Closed Session pursuant to subdivision (b)(l)(A) of Government Code Section 54956.9. Two (2) potential cases. City Clerk McCarthy announced she had been advised by City Attorney Gennaro there would be one potential case discussed under item b. WORKSHOP a. Budget Update. City Manager Tandy gave a presentation and provided written material. Councilmember Maggard requested staff explore using grant funds to bolster the number of police officers employed by the City. Councilmember Maggard requested staff coordinate and invite an upper echelon representative from the League of California Cities to attend a Council Meeting to provide an explanation why an amendment to the State Constitution prohibiting appropriation by the State of local funds has not been proposed. Councilmember Maggard requested staff provide an analysis of the feasibility of brown-outs and busing in order to provide pool access to a broader base of citizens. NO REPORTABLE ACTION 10. 11, 12, 13. Bakersfield, California January 14, 2004 - Page 12 WORKSHOP continued Item 10.a. continued Councilmember Maggard requested staff bring back to Council the issue of pool closures for further consideration. Westside Parkway Update Report was continued to a later date. Recess taken from 9:11 to 9:22 p.m. PUBLIC STATEMENTS Cindy Russell, Renee Nelson, Espin Ferreira, Jody Hanson and Barry Hanson spoke regarding agenda item 3.h. b. Chuck Waide, CCAPE, spoke regarding budget issues. CONSENT CALENDAR - Item continued from 5:15 p.m, portion of the meeting. Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36, 122-01, and 123-06 to change the zoning from R-1 (One Family Dwelling) to R-3 (Limited Multiple-Family Dwelling) on 20-56 acres located at the northwest corner of Stockdale Highway and Jewetta Avenue and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 23.94 acres located at the southeast corner of Stockdale Highway and Buena Vista Road (ZC 03- 0745). Motion by Councilmember Couch to adopt the Ordinance. HEARINGS Public Hearing to consider Resolution modifying the decision of the Planning Commission approving Vesting Tentative Tract 6230, Negative Declaration and denying the appeal by Gary & Judy Denny and Harry & Shirley Rowles (SmithTech U.S.A - Applicant/Subdivider). Staff comments by Development Services Director Hardisty. ACTION TAKEN ORD 4165 APPROVED RES 010-04 13. 14. Bakersfield, California January 14, 2004 - Page 13 HEARINGS continued Item 13.a. continued Development Services Director Hardisty stated for the record that a Memorandum was delivered to Council on January 14, correcting the Administrative Report and condition number three requiring the extension of Lamond and Narissa Courts full width to the western boundaries of the tract; and the first phase, Palm Ranch Road be paved full width to the edge of the future lip of Palm Avenue. Hearing opened at 10:08 p.m. Bob Smith, Smith Tech USA, Project Engineer, spoke in favor of the staff recommendation. Hearing closed at 10:09 p.m. Motion by Vice-Mayor Couch to approve the Resolution. Public Hearing to consider Resolution modifying the decision of the Planning Commission approving Tentative Tract 6036, Negative Declaration and denying the appeal by Harry & Shirley Rowles (SmithTech U.S.A - Applicant/Don Judkins - Subdivider). Staff comments by Development Services Director Hardisty. Development Services Director Hardisty stated for the record that a Memorandum was delivered to Council on January 14, correcting the Administrative Report and removing condition number fourteen. Hearing opened at 10:14 p.m. Don Judkins and Bob Smith Tech USA, Project Engineer, spoke in favor of the staff recommendation. Motion by Vice-Mayor Couch to approve the Resolution. REPORTS Community Services Majority Report No. 1-04 and Minority Report No. 2-04 regarding the naming of park located at Stockdale Highway and Buena Vista Road. Motion by Councilmember Benham to remove the name Rio Vista from consideration and defer the issue to another date. ACTION TAKEN APPROVED RES Ol 1-04 APPROVED APPROVED 15. Bakersfield, California January 14, 2004 - Page 14 COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested staff facilitate clean-up of a vacant lot at the SW corner of Niles St. and Beale Ave. adjacent to the Boys and Girls Club, Councilmember Benham received a proposal from the Highway 99 Committee regarding the installation ora downtown speaker system and requested staff explore obtaining grants to fund the project. Councilmember Benham provided a citizen letter to staff with suggestions for animal services. Councilmember Benham expressed appreciation to Street employees Dan Petersen, David Momoa, Ernie Olivas, Chris Newman, John Hamisch, Mike Cook, Joseph Enriquez, Ed Elliott, Mike Connor, Mark Fick, Louis Peralez and Maria Peralez for working during the rain storm on Christmas day. Councilmember Maggard requested staff provide him an update regarding the two new developments in the Rio Bravo area. Councilmember Salvaggio requested Police provide increased patrol in the 1400 block of Clipperhills Dr. Councilmember Salvaggio requested staff patch the 2900 block of Kingsley St. and schedule possible reconstruction next year. Councilmember Salvaggio requested staff address a letter from neighbors regarding code enforcement issues at an address on Mallard Ct. Councilmember Salvaggio thanked Lt. Taylor of the Police Department for his handling of the off-road vehicle issue at S. H Street between Berkshire and Hosking Roads. Councilmember Salvaggio requested the Legislation and Litigation Committee review the request he received from Phantom Fireworks. Councilmember Salvaggio thanked City employees for their continued loyalty during this budget crisis. Councilmember Hanson asked if televising Planning Commission meetings had been cancelled. This was confirmed. Councilmember Hanson had questions regarding the housing project at P Street. City Manager Tandy responded. ACTION TAKEN 15. Bakersfield, California January 14, 2004 - Page 15 COUNCIL AND MAYOR STATEMENTS continued Councilmember Carson requested at a future meeting the Mayor recognize the two Sheriff's Deputies who broke into a burning house on E. Madison. Councilmember Carson provided Martin Luther King, Jr. Day celebration information. Councilmember Sullivan requested the Legislation and Litigation Committee address the issue of unlicenced street vendors and the negative impact they have on legitimate business. Councilmember Sullivan commented on RV parking. Councilmember Sullivan encouraged citizens to contact their State Legislators regarding the impact of the budget crisis. Councilmember Sullivan wished everyone a Happy New Year. Councilmember Maggard requested Economic and Community Director Kunz and Development Services Director Hardisty communicate with he and Councilmember Benham next week regarding an issue on Jackson Street. Vice-Mayor Couch welcomed Florn Core, Acting Water Resources Manager. Vice-Mayor Couch extended birthday wishes to City Attorney Gennaro. Vice-Mayor Couch requested abatement of graffiti on the cement abutments at the new 32 acre park. Vice-Mayor Couch requested clarification of speed limits and the area affected in the school zone at Bakersfield Christian High School and the feasibility of notifying surrounding neighborhoods. ACTION TAKEN 16. Bakersfield, California January 14, 2004 - Page 16 ADJOURNMENT Mayor Haft adjourned the meeting at 10:55 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: 3, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk APPROVED DEPARTMENT HEAD~_~ January 16, 2004 CITY ATTORNEY CITY MANAGER Approval of minutes of the January 14, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: January 29, 2004 AGENDA SECTION: Consent Calendar ITEM: ,.~. TO: FROM: DATE: January 16, 20( SUBJECT: Honorable Mayor and City Council Gregory J. Klim <o, Finance Director ~4 Approval of de~: of $6,862,233.8 the amount of $ RECOMMENDATION: Staff recommends approval of BACKGROUND: k~g Janua~ 16, 2004, 8:40AM S:\KimG\Forms & Labies~ADMIN-AP.doc APPROVED DEPARTMENT HEAD ,~../'~ CITY ATTORNEY .-/~--~'~"'~" CITY MANAGER"'~'~Z-~ artment payments from January 1, 2004 to January 15, 2004 in the amount ~ and self insurance payments from January 1, 2004 to January 15, 2004 in 190,727.84. payments totaling $7,052,961.72 ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent ITEM: ,¢. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 12, 2004 //....~PPROVED DEPARTMENT H~D~.~, _ ~/ CITY ATFORNE/Y CITYMANAG~=R Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from C-1 to R-1 on 5+ acres located along the northwest corner of Progress Road and Panama Lane (ZC 03-0764). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on January 14, 2004. The Planning Commission recommended disapproval of General Plan Amendment/Zone Change 03-0764 on October 2, 2003. Applicant appealed the Commission's decision. The appeal was heard by the City Council on December 10, 2003. At such hearing, the Council reversed the Commission's recommendation, approving the requested GPA, changing the land use designation from GC (General Commercial) to LR (Low Density Residential) and upholding the zone change appeal from C-1 to R-I. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on August 4, 2003. RED Admin\jan\1-14-0764 ADMINISTRATIVE REPORT IMEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar I ITEM: .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager January 20, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~/--~- An Ordinance Amending Section 10.69.030 of the Bakersfield Municipal Code Relating to Special Events Application--Issuance-Fee (First Reading 1-14-04) RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the Ordinance. BACKGROUND: The ordinance was given first reading at the City Council meeting of January 14, 2004. At its meeting of December 15, 2003, the Legislative and Litigation Committee reviewed a staff proposal to amend Bakersfield Municipal Code Section 10.69.030 (A) which relates to special events. After discussion, the Legislative and Litigation Committee felt the request to extend the submission of the Special Events Application time frame to one year was justified. Consequently, the recommendation being made is to accept applications for permits under Section 10.69.030 (A) no less than ten days prior to the event nor more than one year prior to the event (instead of the current ninety day limitation). The Legislative and Litigation Committee recommends the amendment of Bakersfield Municipal Code Section 10.69.030 (A) to reflect the one year extension for submission of applications. Januar7 21, 2004, 8:15AM P:\L&L~Adrnin Reports~A DM04-01-28-SpecialEventsApplications.doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent TEM: ~, ~., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 14, 2004 ~OVED DEPARTMENT HEAL~) C lTYATI'ORNE~/~ CITY MANAGER An ordinance amending the Bakersfield Municipal code Sections § 1.12.010, 1.12.040 and 1.12.070 by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7. (Wards , 4 and 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on January 14, 2004. This ordinance amends the ward boundaries to include Annexation 441 into Ward 4 and Annexation 444 into Ward 7. The annexations were recently complete. Annexation No. 441 is located west of Allen Road, north of Noriega Road, generally south of Reina Road and consists of 89 acres. The property owner consented to annex the site. Annexation No. 444 is located north of Hosking Avenue, generally west of South Union Avenue and consists of 20 acres. Again, the property owner consented to annex the site. MO:pjt Admin\jan\1-28-439-444 ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent ITEM: 7' ~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 9, 2004 A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 453, 454, and 456 located in four separate areas, (1) north of Rosedate Highway, east and west of Henry Lane, (2) south of the Arvin-Edison Canal, generally east of Cottonwood Road; and (3) west of Jewetta Avenue generally north of Brimhall Road; and (4) south of Panama Lane, east of Old River Road. (Wards 1,4, and 5). RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation Nos. 453, 454, and 456, to the City of Bakersfield. The proposed annexations consist of approximately 62 acres, 4 acres, and 76 acres, respectively, of uninhabited land. The territory for each annexation is located (1) north of Rosedale Highway, east and west of Henry Lane, and south of the Arvin-Edison Canal, generally east of Cottonwood Road; (2) west of Jewetta Avenue generally north of Brimhall Road; and (3) south of Panama Lane, east of Old River Road. The property owners within each of the territory have consented to annexation. The City of Bakersfield owns approximately 60 acres within Annexation No. 453. MO:pit p:admin\jan\1-28-453 ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.~o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 15, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~'~'~ Mohawk Planned Sewer Area 0Nard 2 and County) Resolution of the City of Bakersfield Adopting the Mohawk Planned Sewer Area and Making Findings Thereto. Adoption of an Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (First reading 1114104) RECOMMENDATION: Staff recommends adoption the Resolution and the Ordinance. BACKGROUND: The city has constructed a sewer trunkline northerly of the Kern River from a point east of Coffee Road to Highway 99 to serve an area generally bounded by the Calloway Canal on the north, Highway 99 on the east, the Cross Valley Canal/Kern River on the south and the Friant Kern Canal/Coffee Road on the west. Sewer Enterprise funds were used to front the cost of this project. These funds will be reimbursed as new developments and existing parcels within the area connect to the sewer trunkline. This resolution adopts the Mohawk Planned Sewer Area. This ordinance adds the Mohawk Planned Sewer Area to the list of Sewer Areas for which developers and property owners are charged at time of development or connection to pay the cost of constructing the sewer facilities. Ivd January 21,2004, 8:58AM G:\GROU PDAT~ADMIN R PT~2004\01-28\MohawkPSAadopt DOC ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M, Rojas, Public Works Director January 15, 2004 DEPARTMENT HEAD ,~_OVED CITY ATTORNEY CITY MANAGER ~ Resolution adding territory, Area 1-41 (Stockdale, Renfro NW) 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 January 14, 2004 the Council adopted Resolution of Intention No. 1321 to add territory, Area %41 (Stockdale, Renfro NW), 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. 6144. Area 1-41 is generally bounded by a line 1/8 mile north of Stockdale Highway on the north, Renfro Road on the east, Stockdale Highway on the south and a Pine 1/4 west of Renfro 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 December 12, 2003, 3:49PM G:\GROUPDAT~ADMINRPT~2004\01-28\MD 1-41Est04.dot ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar TEM: ~.~. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 17, 2003 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~'~"~ CITY MANAGER ~ Resolution adding territory, Area 2-26 (Stockdale, Real) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 14, 2004 the Council adopted Resolution of Intention No. 1322 to add territory, Area 2-26 (Stockdale, Real), 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 the property at 3501 Stockdale Highway (Parcel Merger 02-0585). Area 3-24 is generally bounded by Stockdale Highway on the north, a line 660 feet east of Real Road on the east, Highway 58 on the south and Real 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. Lvd December 17, 2003, 4:11 PM G:\GROUPDAT~,DMINRPT~2004\01-28\MD2-26Est04 dot ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 15, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY , fCC/r/Y~ CITY MANAGER ~ Resolution of Intention No. 1324 to add territory, Area 1-44 (Allen, Snow SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6195 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 median and street landscaping. Area 1-44 is generally bounded by Snow Road on the north, a line ¼ mile east of Allen Road on the east, Olive Drive on the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 the covenant is attached for reference. January 15, 2004, 11:08AM Q:\PROJECTS\MAIN DIST~ADMINRPT~MD1-44roi04.dot ADMINISTRATIVE REPORT MEETING DATE January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: FIorn Core, Acting Water Resources Manager DEPARTMENT HEAD ~ DATE: January 15, 2004 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Resolution of the Council of the City of Bakersfield Adopting a Maintenance and Operation Plan for the Allen Road Extension to 1.1 Miles West Levee (Kern River Levee west of So. Allen Road). (Ward No. 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: An existing levee, located west of South Allen Road along the Ming Ave. alignment, was strengthened and widened to meet Federal Emergency Management Agency standards for flood protection to properties south of the river channel. This levee will now provide 100-year frequency flood protection for developments east and south of the levee. Castle & Cooke, Inc. rebuilt the levee to meet the FEMA standards and guidelines. In order to certify the levee, FEMA requires the responsible agency, the City of Bakersfield, to have an officially adopted maintenance and operation plan. The City of Bakersfield Water Board reviewed and recommended adoption of the resolution adopting a maintenance and operation plan for this levee at its December 22, 2003 meeting. Januan/12, 2004, 11:17AM S:\2004 ADMIN REPORTS\JA28WT1CC.doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ,..~. L, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager January 8, 2004 APPROVED DEPARTMENT HEAD ,/'~/-~ CITY ATTORNEY ~ CITY MANAGER ~ Resolution Approving Annual Renewal of Novell Software Licenses Not to Exceed $60,000 per Year. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In February, 2003, Council authorized the purchase of Novell software licenses. The network operating system software that the City uses is supplied by the Novell Corporation. The annual software licensing is required to support our e-mail, file services, print services as well as the City's security firewall and is licensed per computer workstation or e-mail address. The licensing has been negotiated through the State of California State Store process and the City of Los Angeles and Compucom has agreed to pass the 53.6% discount to the City of Bakersfield. Last year, the annual licensing cost was $136,000. T his year, the annu al licensing cost is $47,007.81. This lower amount is due to a decrease in the number of new licenses as well as changes in the City's system. This resolution provides that the City may continue to renew the Novell licenses, as long as the licensing price has been negotiated through the State of California State Store process or other similar discounted method and the annual cost does not exceed $60,000. January 21, 2004, 9:59AM S kAC~Administrative Report$,2004/novelliicense 012804 doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ..~. r~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager January 16, 2004 APPROVED DEPARTMENTHEAD /'~('~ CITY ATTORNEY ~-"~ CITY MANAGER Resolution Approving Annual Renewal of Support and Maintenance Services for Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD) Software Not to Exceed $200,000 Per Year. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In May, 2001, Council authorized the purchase of Versaterm's Records Management System (RMS) software to be used by the Police Department. In April, 2002, Council additionally authorized the purchase of Versaterm's Computer Aided Dispatch (CAD) software to be used by the Police Department. The software was a vast improvement over the dispatch and records systems the City had been using. The original purchase included the first year's maintenance on each product. T he Records Management System went online in 2002 and the Computer Aided Dispatch System went online in 2003. so maintenance for 2004 is due for the Records Management System. These software products are used by the Police Department to respond to incoming calls, dispatch officers, record information about call and case status in the office and the field, manage property, produce crime and statistical reports, as well as for other functions. They are critical to the proper functioning of the Police Department. Maintenance and support services are critical to keeping the software current, especially in the event of software failure. The cost to renew such services for the calendar year 2004 is $93,784.00 and in subsequent years this cost will be approximately $175,000.00 (for both systems). Staff desires the authorization to renew the maintenance and support services this year and annually in the future without further Council action provided that the cost does not exceed $200,000.00. January 21 2004 10:01AM S/AC~dministrative Reports'~2004/Versatecm Maintenance resolution 012804 doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar TEM: ~, Iq, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 10, 2003 A/P ~/OVED/£? DEPARTMENT HEAD CITY AT FORNEY CITY MANAGER ~ Resolution determining that the purchase of the Police Department's fixed two way radio equipment cannot be obtained through usua~ bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $60,000. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Police Department's existing fixed two-way radio system was purchased and installed in 1985. In 1991, the radio system was expanded to provide for increased radio traffic due to rapid growth within the City. Parts for maintaining the existing MTR2000 repeaters are no longer available and the reliability has deteriorated. The existing fixed equipment will not function properly with new digital format radios required by the FCC. The new fixed two-way radio repeaters will allow the new digital radios to operate in the encrypted mode as well as the old analog format. As the old repeaters are removed from service they can be used for maintenance parts for the remaining equipment. The replacement of the 25 remaining 15 to 20 year old analog repeaters will be phased into the system over a four year period. The Public Works Communications Division has negotiated a 17% discount with Motorola for 3 high quality Police fixed digital radios. Sufficient funds are budgeted for this purchase. January 8, 2004, 12:03PM G:\GROUPDAT'~ADMINRPT~.004\01-28\Telecomm Sole Source Admin.doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 I ITEM: ,~. O- AGENDA SECTION: Consent TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 20, 2004 Local Government Air Quality Measures APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER Resolution to Implement Local Government Transportation Control Measures in the Extreme Area Ozone Plan for the San Joaquin Valley RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The San Joaquin Valley Air Pollution Control District (SJVAPCD) has required that all local governments within its jurisdiction adopt resolutions implementing transportation control measures. The resolution will be part of an overall ozone attainment plan which will utlimately be submitted for approval by the U.S. Environmental Protection Agency (EPA). The resolution describes reasonably available transportation control measures that the City has, and will implement, in order to reduce ozone causing emissions into the air from transportation sources. The resolution also describes measures that are not feasible because they are either the responsibility of other entities, such as those regarding transit, or they are not technically or economically feasible. The Council adopted a similar resolution Jn 2002 (Resolution No. 184-02) for the SJVAPCD's proposed Severe Area Ozone Plan. However, since that time, the Governing Board for the SJVAPCD has determined that the Valley will not be able to meet the national ambient air quality standards (NAAQS) for one-hour ozone by 2005. On December 18, 2003, the SJVAPCD Governing Board formally requested the EPA to reclassify the San Joaquin Valley Air Basin to extreme non-attainment for ozone. The extreme classification would extend the attainment deadline to 2010, thereby providing the SJVAPCD additional time to meet the standard. The reclassification requires the SJVAPCD to develop and adopt an Extreme Area Ozone Plan. The City's Extreme plan is similar to the transportation control measures previously adopted by the Council in 2002, but have been updated to reflect additional information and actions taken by the Council. These include the completion of the recent update of the Metropolitan Bakersfield General Plan; the adoption of a revised Transportation Impact Fee program which provides for a 50% reduction in fees for development which occurs within the core are of the City to encourage in-fill development and reduce January 20, 2004, 12:07PM S:~JOHN\TCrv'~Jr Quality Resolutions Admin Report 1-28-04.DOC ADMINISTRATIVE REPORT transportation impacts; the recommendation of a downtown site for the proposed Metropolitan Bakersfield High Speed Rail Terminal; the construction of the LCNG fueling station; as well as the construction of 8 additional miles of bike path and the landscaping, resurfacing and widening of 7.5 miles of existing bike paths using over $2 million in state bond funds. If the City of Bakersfield does not submit a resolution committing to implement certain transportation control measures, the SJVAPCD will be unable to include Bakersfield in the newest State Implementation Plan (SIP) that demonstrates sufficient progress towards attainment of the ozone standard. In turn, the EPA may impose heavy federal sanctions on valley governments and businesses. These sanctions may include withholding federal transportation funds to local governments. Therefore, staff recommends that the City adopt the attached resolution which agrees to implement transportation control measures to control emission sources which are feasible and identify those that are not. (jws) January 20, 2004, 12:07PM S:~OHN\TCM~Air Quality Resolutions Admin Report 1-28-04.DOC ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: g. J3. TO: FROM: DATE: SUBJECT: (1) (2) (3) Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 7, 2004 APPROVED DEPARTME.T.EAD ClTYMANAGER Tract Maps and Improvement Agreements Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 3 located south of Berkshire Road and west of Monitor Street. (Ward 7) Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6077 Unit 13 located west of Verdugo Lane and south of Olive Drive. (Ward 4) Final Map and Improvement Agreements with Eagle Meadows of Bakersfield I, CA., LLC and Truxtun Plumbing and Mechanical, Inc. for Tract 6187 located east of Buena Vista Road and north of Pacheco Road. (Ward 5) RECOMMENDATION: Staff Recommends approval of the map and agreement. 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 January 16, 2004, 8:30AM G:~GROUP DAT~ADMI N R P'IA2004\01-28\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 20, 2004 SUBJECT: Contracts for legal services: ]. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER IAGENDA SECTION: Consent Calendar ITEM: ~. o~ APPROVED Agreement with CLIFFORD & BROWN in the amount of One Hundred Seventy- Five ($175,000); and Agreement with MARDEROSIAN, RUNYON, et al in the amount of One Hundred Fifty Thousand Dollars ($150,000). RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: In an effort to save general fund tax dollars, the City Attorney's Office desires to outsource a majority of its litigation caseload with two established law firms. The proposed contract with Clifford & Brown provides that they will defend the City of Bakersfield in thirty (30) Kern County Superior Court cases for a flat fee of $175,000. The proposed contract with Marderosian, Runyon, et al provides that they will defend the City of Bakersfield in twenty-five (25) Federal Court cases in Fresno for a flat fee of $150,000. Both firms have defended the City in the past with positive results. Clifford & Brown has a compliment of fourteen partners, nine associates and thirty-five support staff. The Marderosian firm is located in Fresno and has five partners, six associates, and ten support staff. The terms of the contract provide that the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. In addition, there is a thirty (30) day termination clause, the requirement of 60-day written status reports, and the proviso that each firm will charge a maximum $150.00 an hour for cases not covered under the 25-30 case cap. It is also understood that a senior partner from each firm will either handle the City cases, or supervise them closely. From an economic standpoint, the City Attorney's Office already budgets approximately $450,000 for outside legal services. Approval of these contracts will increase the outside counsel expense to $775,000. With the elimination of the four positions within the City Attorney's Office last week, the approximate compensation package of the remaining attorneys, plus the increased outside counsel legal expenses will be $1,204,600, compared to $1,474,400 budgeted in FY 03-04. Therefore, the expected annual general funds savings is approximately $269,000. The six-month savings is approximately $24,000 due to one- mecost adjustments (i.e., accumulated sick and vacation times as well as severance packages). Both contracts are proposed to be on an annual basis, February 2004 through February 2005. January 20, 2004, 4:10PM S:\COUNClL\Admin$~egal Se~ice Agreements.doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 IAGENDA SECTION: Consent Calendar ITEM: ,~. r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 14, 2004 APPROVED DEPARTMENT HEAD CITY A'I'I'O R N E Y~_../"~? CITY MANAGER Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the terms of the Termination Clause. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: Agreement No. 01-011 with Ingram's Janitorial was approved by the City Council on January 17, 2001. This agreement is for janitorial services and hardscape maintenance at the Bakersfield AMTRAK Station. Upon Staff review of the Termination for Cause section, it was determined the wording and terms were inadequate to allow both the City and the Contractor to terminate according to the agreement's guidelines. This Amendment will rectify and clarify the wording in the Termination for Cause paragraph. January 14, 2004, 1:08PM G:\GROUPDAT~ADMINRPT~2004\01-28\Ingrams Janitorial.doc ADMINISTRATIVE REPORT MEETING DATE: August 27, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, 5. TO: APPROVED FROM: DEPARTMENT HEAD ,'~ DATE: January 16, 2004 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Amendment No. 1 to Right of Way Contract 03-254 with Caltrans for the intersection of State Highway 178 and Mount Vernon. (Ward 3) Honorable Mayor and City Council Gregory J. Klimko, Finance Director RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On November 19, 1990, the City acquired a 2.5 +/- acre sump from the State of California located adjacent to the eastbound off-ramp of Highway 178 at Mount Vernon Avenue. As a condition of the transfer the State reserved an easement to permit it to discharge run-off from Highway 178 into the sump. The City has utilized the sump to handle surface run-off from adjacent City developments. Subsequently, Caltrans determined that it should widen the eastbound off-ramp at Mount Vernon and offered to purchase from the City approximately 0.40 acres of the sump necessary for its project. Public Works and Water Resources reviewed Caltrans request and found it acceptable provided that Caltrans agreed to maintain the sump's existing capacity and on August 27, 2003, the City Council approved Agreement No. 03-254 with Caltrans. The agreement provided for Caltrans to pay the City $800.00. Recently, Caltrans notified the City that it does not have funds to pay for the property only for construction. However, Caltrans offered to waive the City's share of engineering and construction costs for the reconfiguration of the signal system at Mount Vernon Avenue ramps in exchange for the consideration owed under Agreement No. 03-254. Staff feels that this is a reasonable and recommends accepting Caltrans' proposal. January 16, 2004. 9:52AM P:\MyFiles~Admm Reports~vlt Vernon Sump amend doc DMACs ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 15, 2004 APPROVED DEPARTMENT HEAD ClTY A'I-FORNEY,....~'~'' CI M^.AGER Amendment to Agreement No. 03-182 to reduce fees charged by Krazan & Associates for geotechnical and materials testing services for various Capital Improvement Projects for a net reduction of $9,153.75. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: In order to assist the City of Bakersfield in coping with the current budget situation caused by the lack of Vehicle License Fee backfill from the State of California, Krazan & Associates has offered to reduce the fees that they currently charge for geotechnical and materials testing services. The proposed reductions offered by Krazan & Associates are as follows: · Hourly Rate for Soils Technicians · Fees for Laboratory Testing $2.00 per hour reduction ($65.00 to $63.00) 5% reduction on all fees This amended agreement will reduce the total compensation to Krazan & Associates by $9,153.75. G:\GROUPDAT~ADMINRPT'~.004~Arnend 03-182 Krazan.docJanuary 15, 2004, 1:45PM ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 ITEM: AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council APPROVED Kurtz, Economic Development Director DEPARTMENT HEAD FROM: Donna L. DATE: January 22, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 01-087/RA 01-3 with CVE Development, Inc. to correct technical language in the agreement to include the federal prevailing wage designation. 0NARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Capital Vision Equities is developing 180 units of affordable senior housing south of California Avenue in the Southeast Redevelopment Project Area. The project was financially assisted with City HOME funds and Downtown Redevelopment Project Area Housing Set-aside funds and later received a substantial federal tax credit award in the fall of 2002. The timeline of this project has been unusually long due to the financial complexities and the many private acquisitions and relocations that were required to assembte the site. However, in the past few months, the developer has cleared all of the old structures, relocated all the existing utilities, and more recently begun the grading work and installation of the sewer lines. The project is expected to be completed and ready for occupancy in December 2004. The developer's local construction manager has indicated that the critical construction components have recently been bid out and they are ready to proceed in awarding the construction bids. The project's local construction manager, SC Anderson, is also the general contractor on the 80 unit Bakersfield Senior Center Housing project which is approximately 80% complete. Both projects construction bid specifications were prepared using federal Davis Bacon Federal Prevailing Wage regulations due to the federal funding sources involved in the development or construction projects. Staff recently reviewed the construction language in the CVE agreement and found inconsistencies between the agreement and the construction bidding documents. The proposed amendment has been drafted to clarify that Federal Davis Bacon Prevailing Wages will be used for construction wages on the project. S:~Admins\City Council\CVE amend #3.doc 1/22/2004 9:21 AM ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 16, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY ,,~g~ CITY MANAGER Maintenance and Use Agreement, Quitclaim Deed, and Grant of Easement for Camino Grande Street Vacation at the Bear Mountain Cogeneration Facility (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND On January 21, 2003, the Council adopted Resolution of Intention No 1289 declaring its intention to order the Camino Grande Drive Vacation and setting March 12, 2003, as the date for Public Hearing. The hearing date was subsequently continued to April 30, 2003, and then to July 9, 2003, when the Council approved the vacation. Bear Mountain Cogeneration Plant is accessed by Camino Grande Drive from Alfred Harrell Highway to the west and from Paladino Drive to the south. The County has regulated the access through the portion of Camino Grande Drive that extends through the old landfill property. Bear Mountain, Limited, owner of the Cogeneration Plant has applied for the vacation so a gate can be placed at the east end of Camino Grande Drive to control access along the north side of the Cogeneration Plant. Bear Mountain, Ltd. and the City have agreed that the underlying fee ownership of the vacating area shall be Quitclaimed by Bear Mountain to the City upon completing the vacation. When Quitclaimed, the strip will be used for a City bike path, Cogeneration Plant Access, Public Utility purposes and City and County Municipal Services. The City will also agree to Bear Mountain erecting a gate across the bike path with a design to be approved by the City. Also, Bear Mountain and the City will enter into a written Maintenance and Use Agreement covering Bear Mountain's payment contribution for road maintenance and their access rights. The Resolution to Order Vacation shall not be recorded until the Agreement is approved and signed by the necessary parties. The attached Agreement is the instrument that will be used for Bear Mountain and the City to accomplish the above. Upon the complete execution of this agreement, the vacation and the agreement will be recorded simultaneously. January 21, 2004, 10:38AM G:\GROUPDAT~ADMINRPT~2004\01-28\Camino Grande Bear Mountain Agr doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. to, TO: Honorable Mayor and City Council _A. PPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ,, ~i, DATE: January 14, 2004 CITY ATTORNEY //~ CITY MANAGER ~ SUBJECT: Historic Preservation Commission 2002/2003 Fiscal Year Annual Report. (All Wards) RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: The Historic Preservation Ordinance requires the Historic Preservation Commission to prepare an annual report to the Mayor and City Council on Commission activities. This annual report covers fiscal year 2002/2003. During the last year, the Commission participated in a variety of activities promoting historic preservation in Bakersfield. It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected Chairman in July 2003. S:~Admins\City Council\HPC ann report.doc 1/14/2004 10:28 AM ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. X, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director January 22, 2004 APPROVED DEPARTMENT HEA~. ClTY ATTORNEY ClTY MANAGER ~ Community Development Block Grant(CDBG) Action Plan Amendment No. 3 (FY 03/04) fbr Wayside Park - Wet Pl~y Area Project. (Ward 1) 1) Appropriate $35,000 current year CDBG Program Income to the Capitallmprovement Budget. RECOMMENDATION: Staff recommends approval. BACKGROUND: In compliance with HUD regulations, any significant change or addition to the approved CDBG program or project must undergo an amendment process which includes obtaining citizen views and comment on the proposed change. The proposed amendment affects CDBG program funds. This amendment will allocate $35,000 of CDBG program income funds from FY 03/04 for the design and construction of a wet play area for Wayside Park. AMENDMENT NO. 3 FY 03~04 ACTION PLAN - B-03-MC-06o0510 Project ID Available Budget Revised Project Title & Description Activity Code/ Amount of Changes Total Citations Funds Funding Add Wayside Park- Wet Play Area Project. 03F $0 $35,000' $35,000 Design and Construction of a wet play area and Parks, Recreational improvements. (Ward 1) Facilities 570.201(c) *Program Income A public notice was published December 22, 2003 to begin the 30-day public comment period for this amendment. To date no comments have been received. S:~Admins\City Councii'taction plan amendment 1-28-04.dcc 1/22/2004 8:21 AM ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 IAGENDA SECTION: Workshop ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 16, 2004 APPROVED DEPARTMENT HEAI~-~'~ ~ ~_. CITY ATTORNEY~_~/~~ Westside Parkway update report. (Staff presentation by Public Works Director Raul Rojas) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Staff will present an update report on the progress of the Westside Parkway project. Ted W: January 16, 2004, 9:17AM G:\GROUPDAT'~DMINRP'r~004~l-14\Workshop Admin.doc ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 IAGENDA SECTION: Workshop ITEM: 6. b, TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Recreation & Parks Director DEPARTMENT HEAD -~_~_/..~ DATE: January 16, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Pool Closure Workshop RECOMMENDATION: Due to budget captures and financial threats from the State, staff recommends that Wayside, Planz, Jastro, Siemon, and Beale pools not be opened for the 2004 season. BACKGROUND: Because of budget cuts this year and further uncertainty caused by the State's budget proposal, staff has recommended closing five city pools: Wayside, Planz, Jastro, Siemon, and Beale. These recommendations are based upon high operating costs, lower attendance, and expensive capital repairs necessary to open the facilities for the summer season. Staff estimates it would cost at least $254,000 in one-time capital improvements and repairs to open five pools for summer 2004. In addition, the proposed operating losses on the five for the summer are projected at an additional $304,587. The total saved by not opening them in both Capital and operating losses is $558,587. It is proposed at this time that Planz, Jastro, Siemon and Beale be closed for only the 2004 season. If the State stops its capture of City funding, it is our hope to reopen them in 2005. Wayside is being considered for permanent closure in an item pending before the Community Service Committee. Pools recommended to remain open are Jefferson, Martin Luther King, Silver Creek and McMurtrey. The facilities remaining open are the highest attended and have the most capacity to serve a maximum number of users. Silver Creek has the highest attendance of any City pool. Martin Luther King Pool is receiving a major rehabilitation and will reopen in June. Jefferson Pool will be opened this summer with major rehabilitation work to follow next fiscal year (04-05). McMurtrey is a new facility that will be completed in June 2004. A decision to open the pools must be made by the February 11th City Council meeting, at the latest. There are three reasons for the deadline. First, it will take a few months to complete repairs in time for the summer season. Second, staff must begin immediately to hire and train part-time aquatics staff and lifeguards in preparation for the season. Third, the recreation brochure is our primary marketing and communication tool to inform the public which facilities are open and at what times. The deadline for submitting the brochure information to the printer is February 13th. Januar~ 22, 2004, 10:02AM S:~,C~Administrative Repods~004~:'ool Closure workshop 012804.doc Page I ADMINISTRATIVE REPORT Attached for your information is a breakdown of operation costs, repairs, revenue generated, and operating loss at each City pool. Attendance figures for each poop are also included. This is an unfortunate circumstance that staff initiates only with regret. As in the budget cuts done on January 14th, it is necessary to save General Fund and safety positions. Absent contrary instructions from the City Council, staff would not initiate hiring or begin repairs, which are the actions necessary to open the pools. January 22, 2004, 10:02AM S:~AC~Ad rninist rativ e Reports~O04~Pcol Closure workshop 0~ 2804.doc Page 2 ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Closed Session ITEM: ~. 0... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney January 21,2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY _/'~'~'~ CITY MANAGER ~'~ Conference with Legal Counsel -- Potential Litigation Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: GG:Is January 21, 2004, 8:27AM ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Hearings ITEM: 14, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2004 DEPARTMENT HEAD OI MANAG/. Appeal by Castle & Cooke of Planning Commission's approval of Vesting Tentative Tract 6223 located at the northeast corner of White Lane and South Alien Road. (Engineer- Mclntosh & Associates/Subdivider - Castle and Cooke Development). Resolution modifying the Planning Commission's conditions of approval, adopting the Negative Declaration, approving Vesting Tentative Tract Map No. 6223 generally located on the northeast corner of White Lane and South Allen Road, and denying the appeal. Ordinance modifying Planning Commission's conditions of approval adopting the Negative Declaration, amending Section 17.06.020 (Zone Map 112-12) of Title Seventeen of the Bakersfield Municipal Code by Changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 107.38 ± acres generally located on the northeast corner of White Lane and South Alien Road, and denying the appeal (File #03-01073) (Ward 5) RECOMMENDATION: Staff recommends adoption of the resolution denying the appeal, adopting the Negative Declaration, and approving Vesting Tentative Tract Map No. 6223, and first reading of the ordinance. BACKGROUND: This appeal hearing was continued from the January 14, 2004 meeting. The project site is located on the north side of White Lane and east of South Allen Road. Tentative Tract Map 6223 consists of 242 lots for purposes of private gated single family development, 1 lot for a retention basin, 26 private landscape lots and 2 private parks on 107.38 acres zoned R-1 (One Family Dwelling). Concurrent Zone Change #03-01073 is a change from an R-1 (One Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone on the same property. On November 20, 2003, the Planning Commission unanimously adopted Resolution No. 162-03 conditionally approving Tract 6223 and adopting Resolution No.163-03 recommending conditional approval of Zone Change No. 03-01073. No one spoke in opposition to the proposed project. Steve DeBranch of Castle and Cooke Development appealed the condition adopted by the Planning Commission requiring alleys have a minimum paved width of sixteen feet. ADMINISTRATIVE REPORT Page2 The appellant and staff have met and resolved the issues relevant to alley access for service and emergency response. The conditions of approval have been modified to reflect the agreement. The agreement is that the minimum width of alley rights-of-way will be 20 feet with no less than sixteen feet of paved width and two feet on each side of non-obstructive landscape ground cover (eg. no trees or large shrubs). Where alleys intersect they will be paved over the full 20-foot width for a distance measured 40 feet from their centerline intersection. Parking within 40 feet of the intersection will be prohibited. The prohibition against parking will be indicated at the alley intersection, home buyers will be notified of the parking/no parking requirements, the Home Owners Association will have responsibility and immediate authority to enforce the no parking rules. Refuse collection will be by way of the alleys. The routing and placement of refuse cans for collection are to be coordinated with the Solid Waste Division of the Public Works Department. Staff recommends adopting the Negative Declaration, denying the appeal, approving the subdivision with modified conditions, and giving first reading of the zone change ordinance. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment. A Negative Declaration was prepared and noticed in accordance with CEQA. JE Adm in~jan\1-28-6223 ADMINISTRATIVE REPORT IMEETING DATE: January 28, 2004 AGENDA SECTION: Hearings ITEM: I~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 21, 2004 ///~PROVED DEPARTMENT HF.~,/ CITY ATrORNE~' Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road (Engineer - Porter-Robertson / Subdivider - McMillan Albany, L.L.C.) (Ward 5). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, upholding the decision of the Planning Commission and approving Revised Vesting Tentative Tract Map 6169. BACKGROUND: On November 20, 2003, the Planning Commission adopted Resolution No. 160-03 approving Revised Vesting Tentative Tract Map 6169 with conditions. Tract 6169 is generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road and consists of 347 lots for single family residential purposes, a sump lot and a lot for future development on 87.81 acres zoned R-1 (One Family Dwelling) and C-1 (Neighborhood Commercial). The engineer is Porter- Robertson and the subdivider is McMillan Albany, L.L.C. The Planning Commission determined that a previous Negative Declaration, approved for the original approval of Tract 6169 was adequate for and pertinent to Revised Vesting Tentative Tract 6169. The changes made to the original map were not substantial and amounted to minor changes in street design and minor changes in lot sizes. Gordon Nipp and Arthur Unger of the Sierra Club spoke in opposition to the project at the Planning Commission meeting. Harold Robertson, Porter-Robertson Engineering, representing the subdivider McMillian LL.C. spoke in favor of the tract. No one else spoke before the Planning Commission. The Sierra Club filed an appeal objecting to the Planning Commission's approval of Tract 6169 and requesting an Environmental Impact Report (EIR) be prepared (letter attached as Background material). The Sierra Club's letter of appeal states that conversion of prime farmland, cumulative impacts to air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion that the recent General Plan Update EIR contains little specific information on cumulative impacts. The Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts. ADMINISTRATIVE REPORT Page2 Cumulative impacts related to air quatity, traffic and biological resources were evaluated in an initial study which was prepared for the original approval of this tract in accordance with adopted standards. The San Joaquin Valley Air Pollution Control District (APCD) has published the "Guide for Assessing and Mitigating Air Quality Impacts" to establish consistent methodology for evaluating project impacts from development projects. The Guide also sets forth thresholds of significance. An Air Quality Impact Analysis was performed for Revised Tentative Tract 6169, as no study was performed with the original approval. The study determined that the project's air quality impact is insignificant, therefore, it follows that cumulative impacts are also considered insignificant. Cumulative impacts for the existing residential land uses of the project site were evaluated with the recently completed General Plan Update EIR. CEQA Guidelines 15064(h)(3) states: "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulative considerable if the project will comply with the requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located." The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA Section 15064(h)(3), this project's cumulative impacts are considered insignificant. No further study is needed. An independent analysis was performed with the adoption of the Regional Transportation Impact Fee (RTIF), which accounts for development of this site under the current Low Density Residential land use designation. The RTIF program adoption process included public review and comment on the traffic analysis methodology as well as the fee amount. Many transportation options were considered to address buildout of the Metropolitan Bakersfield General Plan prior to arriving at the improvement list supported by the RTIF program. This development will pay the fair share of needed mitigation based upon the RTIF program. The RTIF program includes extension of Old River Road and Panama Lane. Because this project would be consistent with the general plan evaluated in the RTIF program, no further analysis is necessary. In response to the Sierra Club's comments on prime agriculture conversion, the conversion of farmland to urban uses was also discussed in the Metropolitan Bakersfield General Plan Final EIR. The General Plan identified areas planned for urban development, including the project site, and stated that implementation of the General Plan will contribute to the conversion of prime farmlands to urban use, and will result in a reduction of the regional agricultural economy. A portion of the subject site has been used in recent seasonal agricultural production (less than 40 acres). Because the project involves less than 100 acres of land used for agricultural purposes, the impacts are considered to be less than significant. Conclusion. Staff recommends the appeal be denied, uphold the decision of the Planning Commission approving Revised Vesting Tentative Tract Map 6169 with conditions as shown on the attached resolution. LP Admin\jan1-28-6169 ADMINISTRATIVE REPORT MEETING DATE: January 28, 2004 AGENDA SECTION: Hearings ITEM: ~. 0,-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 21, 2004 /~A~ROVED DEPARTMENT HE~ CITY A'I-DORN CiTY MAN~ER'"'~ Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning Commission, adopting the negative declaration and approving Vesting Tentative Tract Map 6193 located at the southeast corner of State Route184 (Kern Canyon Road) and Mesa Marin Drive (Engineer - Porter-Robertson / Subdivider - Allen L. Newsom) (Ward 3). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, upholding the decision of the Planning Commission approving the negative declaration and Vesting Tentative Tract Map 6193. BACKGROUND: On November 20, 2003, the Planning Commission adopted Resolution No. 161-03 approving Vesting Tentative Tract Map 6193 with conditions. Tract 6193 is located on the southeast corner of State Route184 (Kern Canyon Road) and Mesa Marin Drive and consists of 139 lots on 40.59 acres for single family residential purposes zoned R-1 (One Family Dwelling) and a request for alternate lot design. Gordon Nipp and Arthur Unger of the Sierra Club spoke ~n opposition to the project at the Planning Commission meeting. Randy Berquist, Porter-Robertson Engineering, representing the subdivider Allen Newsom spoke in favor of the tract. No one else spoke before the Planning Commission. The Sierra Club filed an appeal objecting to the Planning Commission's approval of Tract 6193 and requesting an Environmental Impact Report (EIR) be prepared (letter attached as Background material). The Sierra Club's letter of appeal states that cumulative impacts to air quality, biological resources and traffic are significant, and that these issues have not been adequately addressed. The Sierra Club is of the opinion that the recent General Plan Update EIR contains little specific information on cumulative impacts. The Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts. In addition, the Sierra Club believes the project is near habitat of the Blunt Nose Leopard Lizard and requires additional study in accordance with the State protocol. Cumulative impacts related to air quality, traffic and biological resources were evaluated in the initial study in accordance with adopted standards. The San Joaquin Valley Air Pollution Control ADMINISTRATIVE REPORT Page 2 District (APCD) has published the "Guide for Assessing and Mitigating Air Quality impacts" to establish consistent methodology for evaluating project impacts from development projects. The Guide also sets forth thresholds of significance. Tract 6193 falls below the threshold established by the APCD's Guide. Therefore, an Air Quality Impact Analysis is unnecessary. Since the project's air quality impact is insignificant, it follows that cumulative impacts are also considered insignificant. Cumulative impacts for the existing residential land uses of the project site were evaluated with the recently completed General Plan Update EIR. CEQA Guidelines 15064(h)(3) states: "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulative considerable if the project will comply with the requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located." The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA Section 15064(h)(3), this project's cumulative impacts are considered insignificant. No further study is needed. An independent analysis was performed with the adoption of the Regional Transportation Impact Fee (RTIF), which accounts for development of this site under the current Low Density Residential land use designation. The RTIF program adoption process included public review and comment on the traffic analysis methodology as well as the fee amount. Many transportation options were considered to address buildout of the Metropolitan Bakersfield General Plan prior to arriving at the improvement list supported by the RTIF program. This development will pay the fair share of needed mitigation based upon the RTIF program. The RTIF program includes widening of Highway 178. Because this project would be consistent with the general plan evaluated in the RTIF program, no further analysis is necessary. In response to the Sierra Club's comments on Highway 178 traffic congestion, capacity on Highway 178 would exceed acceptable levels only if all the approved tracts in the area 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 RTIF program. The mitigation in the RTIF program provides for cumulative traffic impacts, including additional traffic on Hwy 178. The Public Works Department reports that the widening of Highway 178, near Highway 184 will be scheduled in a timely manner to meet future growth needs. The developer obtained the services of M.A. Wolfe and Associates, a local biological consultant, to evaluate the subject property to see if Blunt Nose Leopard Lizard (BNLL) is observed on the property and if the property is suitable habitat for the BNLL. The Sierra Club contends the protocol used by the consultant was not the correct protocol. The protocol referred to by the Sierra Club is a draft protocol and not mandatory procedure. It is only a suggestion. The protocol used by Wolfe and Associates is also an acceptable protocol, and has been used in previous studies to determine whether BLNN is on a property or if the project site is habitat for BNLL. The study for Tract 6193 was sent to the State Department of Fish and Game. Staff is confident that the consultant properly and adequately evaluated the property and that the conclusions of no BNLL sighted on the property and that the property is not suitable habitat are accurate. Staff recommends the appeal be denied, uphold the decision of the Planning Commission approving the negative declaration and approving Vesting Tentative Tract Map 6193 with conditions as shown on the attached resolution.