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HomeMy WebLinkAbout02/11/04_CC_AGENDA_PACKETWELCOME TO YOUR CITY COUNCIL MEETING ON BEHALF OF THE CITY COUNCIL, I WANT TO THANK YOU FOR ATTENDING 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 Maggard, Councilmember, Third Ward 4 - Harvey L. Hall, Mayor 5 - David Couch, Vice-Mayor, Fourth Ward 6 - Harold Hanson, Councilmember, Fifth Ward 7 - Jac(]uie Sullivan, Councilmember, Sixth Ward 8 - Mark Salvaggio, Councilmember, Seventh Ward 9 - Raul Rojas, Public Works Director 10 - Jack Hardisty, Development Services Director 11 - Alan Tandy, City Manager 12 - Virginia Gennaro, 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 D.m., generally every other Wednesday. Audio and video broadcast of the meeting may bo accessed through the City's Web Page at: www.cLbakersfleld.ga.u~ 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 Resources Intergovernmental 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 strictly 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 D.m. mav be continued to 7:00 D.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. PUBI, I(~ STATEMENTS - Following the guidelines established in California Govemment Code §54950, known as the "Brown Act," most cities establish specific roles and procedures governing public comment and conduct of their meetings. You are invited to address the Council during the Public Statements portion of the Agenda on any matter related to City business exce~)t mattem set for Public Hearing 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 majodty 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 dudng 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, wdtten 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 Councilmembers not requiring Council action will be distributed to the Council through their mailboxes. City Council Agenda AGENDA PACKET - The Agenda and packet containing supporting matadal is prepared generally by 4:00 P.M., the Friday pdor 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,cl,bakerefleld,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 during the public portion of the headng. 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 SUBMITTING 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 FOR 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 wdting. 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 Attomey is appointed by the City Council and serves as chief counsel and legal representative of the City. ..... oOo .... BAKERSFIELD CITY COUNCIL AGENDA FEBRUARY 11, 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. ROLLCALL 2. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Terry Schroepfer, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 22 - 28, 2004, as "National Engineers Week". Presentation by Mayor Hall of Proclamation to Rich Richardson, Program Chair for Read Across Bakersfield, proclaiming March 4, 2004, as "Read Across Bakersfield Day". 3. PUBLIC STATEMENTS 4. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the January 28, 2004. Payments: Approval of department payments from January 16, 2004 to January 29, 2004 in the amount of $9,917,811.00 and self insurance payments from January 16, 2004 to January 29, 2004 in the amount of $94,245.46 Ordinances: (Ward 5) Adoption 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) (First Reading 1/28/04) Resolutions: (Wards 1,4) Resolutions of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 457 and 458, located in two separate areas (1) between Kratzmeyer Road and Reina Road, generally west of Allen Road and (2) east of Oswell Street to Sterling Road, generally south of State Route 58. (Wards 1,2) Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 4) (Ward 5) (Ward 5) (Ward 3) (Ward 1) CONSENT CALENDAR continued Resolution adding territory, Area 1-44 (Allen, Snow SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution in support of the Committee for Workers' Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform Act Initiative. Agreements: Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6082 Unit 4 located north of Pacheco Road and east of Mountain Vista Drive. Subordination AgreementJConsent to Grant Easement between the City and Kern Delta Water District for canal crossing Panama Lane east of Buena Vista Road. j. Property Acquisition: Agreement with EPIC, LLC ($5,500.00) to exchange real property located in the south half of Section 10, Township 29 South, Range 28 East, north of Alfred Harrell Highway and west of Fairfax Road. Appropriate $7,500.00 fund balance to the Capital Improvement Budget within the refuse fund. Agreement with Centennial Garden and Flying Football LLC for Bakersfield Blitz Arena Football Expansion Team. Amendment No. I to Agreement No. 03-070 with Launer & Associates regarding additional appraisal services required regarding proposed Assessment District No. 03-1 (Brighton Place/Silver Creek II). Additional Costs of $5,000 to be paid from developer deposit. Bids: Accept bid from Ramsey Street Ford ($27,490.32) for two (2) additional mid size sedans for Code Enforcement (grant funded). Accept bid from Central Valley Truck Center ($294,049.48) for two (2) additional refuse trucks, and Gibbs International ($440,754.60) for four (4) replacement refuse trucks for the Solid Waste Division of Public Works. (Total $734,804.08) Accept bids from JAM Services (8 items $21,021.00), McCain Traffic Supply (1 item $17,889.30), Econolite Control Products (9 items $17,106.38), U.S. Traffic Corporation (2 items $1,170.05), Graybar Electric (1 item $1,044.53), and Western Pacific Signal (2 items $515.60) for traffic signal equipment. (Total $58,746.86) Accept bid to award annual contract to Boise Office Solutions not to exceed the budgeted amount of $300,000.00, for office supplies. Accept bid to award contract to Bowman Asphalt, Inc. ($138,117.72) for Safe Route to School Improvements on Belle Terrace and Texas Streets. = (Ward 1) (Ward 4) (W a rd 4) (Ward 3) CONSENT CALENDAR continued r. Wastewater Treatment Plant No. 2, Effluent Storage Improvements: 1. Accept bid to award contract to Whitaker Contractors Inc. ($1,840,396.00). 2. Appropriate $500,000.00 Sewer Enterprise Fund balance to the Capital Improvement Budget. Miscellaneous: Request from North Bakersfield Recreation and Park District to change zoning of parks within the district from OS (Open Space) to RE (Recreation). (Staff recommends referral of this item to the Planning and Development Committee.) Staff recommends adoption of Consent Calendar items a through s. CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change 03-1279. (Engineer-Mclntosh & Associates/Subdivider-Castle & Cooke Development). First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to E (Estate) on 74.35 acres, and to DI (Drilling Island) zone on 2.5 acres, located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive. (ZC 03-1279) Staff recommends overturning the Planning Commission decision, adopting the Negative Declaration, and approve the zone change as requested and give first reading to the ordinance. General Plan Amendment/Zone Change 03-1165; Michael J. Callagy, Cornerstone Engineering, Inc., representing Marco Gaona, has proposed a General Plan Amendment, an amendment to the Breckenridge Hills Specific Plan, and a zone change located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road - Vineland Road intersection on 30 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from HMR (High Medium Density Residential), OS (Open Space) and R-MP (Resource-Mineral Petroleum) on 30 acres. Resolution approving the Negative Declaration and adopting the Breckenridge Hills Specific Plan Amendment to change land use designations from Map Code 5.2 (Residential - Maximum 16 units per net acre) to Map Code 5.3 (Residential - Maximum 10 units per net acre), from Map Code 8.5/2.5 (Resource Management/Physical Constraints - Flood Hazards) to Map Code 5.3 and from Map Code 8.4 (Resoume - Mineral and Petroleum) to Map Code 5.3 on 30 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from R-H (Residential Holding) to R-1 (One-Family Dwelling) on 30 acres. Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan and specific plan amendments, and give first reading to the ordinance. 5. CONSENT CALENDAR HEARINGS continued (Ward 4) General Plan Amendment/Zone Change 03-1178; Froehlich Construction Company has proposed a General Plan Amendment and zone changes generally located at the southeast corner of Brimhall Road and River Ranch Drive. Resolution approving the Mitigated Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 19 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-2 PCD (Regional Commemial Planned Commercial Development) to R-2 PUD (Limited Multiple- Family Dwelling Planned Unit Development) on 11.99 acres, from PCD to R-2 PUD on 6.77 acres, from PCD to C-O (Professional and Administrative Office) on 4.74 acres, PCD to C-2 on 13.80 acres and from C-2 PCD to C-2 on 4.96 acres. Staff recommends adoption of resolution approving the Mitigated Negative Declaration, approving the general plan amendment and give first reading to ordinance. (Ward 3) General Plan Amendment/Zone Change 03-1190; Brett Dawson has proposed a General Plan Amendment and a zone change located along the east side of Morning Drive approximately 300 feet north of State Route 178 on 81.50 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 81.50 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from MH (Mobile Home) to R-1 (One Family Dwelling) or more restrictive zoning on 81.50 acres. Staff recommends adoption of the resolution, approving the Negative Declaration, approving the general plan amendment, and give first reading to the ordinance. 6. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) (1) (C) of Government Code Section 54956.9. One (1) potential case. Conference with Legal Counsel - Existing Litigation. Closed session pursuant to subdivision (a) of Government Code Section 54956.9 City v. SPCA, et al. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee Organization: Fire Unit. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL 8. INVOCATION by Pastor Ken Noel, Victory Chapel. PLEDGE OF ALLEGIANCE by Marisa Johnson, 10t~ Grade Student and, Maria Johnson, 1 lt~ Grade Student at Valley Oaks Charter School. 4 10. 11. 12. (20 min.) 13. 14. 15. (Ward 7) (Ward 4) CLOSED SESSION ACTION PRESENTATIONS - see additional items at 5:15 pm portion of meeting Presentation to Fire Department of radio equipment for the Hazardous Materials Paramedic Program from Liberty Ambulance. WORKSHOP Educational presentation by League of California Cities Executive Director Chris K. McKenzie on League activities, protection of local revenues, constitutional amendment efforts, and other current league activities affecting the City of Bakersfield and the State of California. 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 hearing items listed but not heard at 5:15 pm portion of meeting. General Plan Amendment 02-0882; David Dmohowski, representing James and Barbara Gibb, has proposed a General Plan Amendment located along the northwest corner of Wible Road and Hosking Road on 19.22 acres. Resolution approving the Negative Declaration and disapproving the General Plan Amendment to Change Land use designation from LR (Low Density Residential) to GC (General Commercial) on 19.22 acres. Staff recommends adoption of resolution approving the Negative Declaration and disapproving the general plan amendment. General Plan AmendmentJRiverlakes Ranch Specific Plan/Zone Change No. 03-1176; Kathryn McWhorter, with DeWalt Corporation, representing Meany Partners, LLC, has proposed a General Plan Amendment, an amendment to the Riverlakes Ranch Specific Plan and a zone change on 42.89 acres located on the north side of Meany Avenue, between Coffee Road and Patton Way. Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation form LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. First Reading of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102- 21 to change the zoning from R-1 (One Family Dwelling) to R-2/P.U.D. (Limited Multiple-Family Dwelling/Planned Unit Development on 42.89 acres. Staff recommends adoption of the resolutions and give first reading to ordinance. 15. (Ward 3) 16. 17. HEARINGS continued General Plan Amendment/Zone Change No. 03-1189; Appeal by San Joaquin Engineering, representing Rex Martin) of the Planning Commission's Conditions of Approval. San Joaquin Engineering is proposing to designate the northern 2.6 acres of the project site for single family residential development (10,000 sq. ft. lots) and the southern 5.6 acres for suburban residential development (one acre lots). The area that contains the drainage channel (1.6 acres) would remain as open space. Generally located south of Chase Avenue and east of Kern Canyon Road (State Route 184). Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from: (1) HMR (High Medium Density Residential) to LR (Low Density Residential) on 1 acres, (2) OS (Open Space) to LR on 1.6 acres, (3) R-MP (Resource-Mineral Petroleum) to OS on.18 acres, (4) OS to SR (Suburban Residential) on .06 acres, and (5) R-MP to SR on 5.5 acres. Resolution adopting the Negative Declaration and approving the amendment to the Breckenridge Hills Specific Plan to change the Map Code designations from: (1)Map Code 5.2 (Max 16 du/net ac.) To Map Code 5.3 (Max. 10 du/net ac.) On I acres, (2) Map Code 8.5/2.5 (Resoume Management/Flood Hazards) to Map Code 5.3 on 1.6 acres, (3) Map Code 8.4 (Mineral & Petroleum) to Map Code 8.5/2.5 on .18 acres, (4) Map Code 8.5/2.5 to Map Code 5.4 (Max. 4 du/net ac.) On .06 acres, and (5) Map Code 8.4 to Map Code 5.4 on 5.5 acres. First Reading of Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 104- 20 to change the zoning from: (1) R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, (2) R-H to OS (Open Space) on 1.63 acres, and (3) R-H to R-S-lA (Residential Suburban - One acre minimum) on 5.65 acres. Staff recommends adoption of the resolutions upholding the Planning Commission's decision and give first reading to the ordinance. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager B A I~ E R S F I E L I~ OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSO~,~ISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - FEBRUARY 11, 2004 COUNCIL MEETING February 6, 2004 REGULAR MEETING 5:15 p.m. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 3q. Resolution of the Council of the City of Bakersfield in Support of the Committee for Workers' Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform Initiative. At the January 28th City Council meeting, Councilmember Maggard requested that staff prepare a resolution in support of efforts by the Committee for Workers' Compensation Reform and Accountability and the related Initiative. Costs of workers' compensation for the City alone have increased from about $2.4 million to $3.4 million annually from FY 1997-98 to FY 2002-03, which represents a 38% increase. Over that same period of time, the number of claims reported went from 289 annually to 210; a 27% decrease. The City's average cost per claim over the past five years has almost doubled from $8,457 to $16,081. A recent actuarial study showed the City has an unfunded worker's compensation claims liability of approximately $8.3 million, which will have to be funded over a several year period. The $1 million increase in could have provided funding for approximately 12 police officers, or 9 firefighters to staff an engine company, or 40% of the FY 2003-04 budget for recreation programs. he.Worke.!s Com. pensat~on Reform and Accountab~hty Act, as t re ates to the City would provide that: 1) any employee ri~ing a c~aim would need to prov de evidence that the injury occurred as a result of his/her job duties; 2) any benefits would cover only the disability caused from the injury; 3) treating physicians would be mutually agreed upon by both the employee and employer; 4) all medical care would be provided only by those physicians who specialize in the claimed injury; 5) all disputes would be decided by medical professionals; 6) diagnosis and treatment of work-place injuries will be governed by guidelines established by the American College of Occupational and Environmental Medicine; and 7) permanent disability benefits, for the most seriously injured employees, will be increased. Staff has determined that the proposed reforms would result in significant cost savings to the city, needed changes to the workers' compensation system and appropriate workers' compensation benefits for employees who are legitimately injured on the job. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 11,2004 PAGE 2 Aqreements: Item 3i. Aqreement with EPIC, LLC, to Exchanqe Real Property Located North of Alfred Harrell Hiqhway, West uf Fairfax Road in the amount of $5,500. The City purchased approximate y 15 acres of land in May of 2001 as a buffer for the City's former landfill located north of Panorama Drive and west of Fairfax Road. Staff contacted the adjacent property owner, EPIC, LLC and offered to purchase their property. However, EPIC did not wish to sell. A compromise was reached whereby the City and EPIC would trade portions of their respective parcels. A map showing land ownership before and after the proposed trade is included in the administrative report. Accordingly, the City will be trading approximately six acres of City property for approximately seven acres of unimproved land owned by EPIC. The price of $5,500 is to compensate EPIC for the difference in parcel sizes and is based on an appraisal. Item 3k. Aqreement with Centennial Gardena and Flyinq Football LLC for Bakersfield Blitz Arena Football ~An expansion af2 team has been awarded to the Bakersfield market for 2004. The team will owned and operated by the same staff that operates the Bakersfield Condors. The agreement is for a one- year term with two additional one-year options, and is structured on a no-risk basis for the City. The season opener is scheduled for April 17, 2004 at Centennial Garden. Bids: Item 3m. Award Contract to Ramsey Street Ford for Two Additional Mid-Size Sedans for Code Enforcement h, the amount of $27,490.32 (qrant funded). On November 19, 2003, Council appropriated funds by the Code Enforcement Grant Program. Six acceptable bids were received. Staff recommends award to Ramsey Street Ford. Item 3n. Award Contracts to Central Valley Truck Center for Two Additional Refuse Trucks, and International for Four Replacement Refuse Trucks for the Solid Waste Division in the amounts of $294,049.4~; · and $440,754.60, respectively. Five acceptable bids were received. Staff recommends the award be split in order to receive the best pricing. Item 3o. Award Contracts to Multiple Vendors for Traffic Siqnat Equipment for Brimhall Road and Windson, i Street for a total amount of $58,746.86. Staff recommends the award be split in order to receive the best pricing, as follows: JAM Services ($21,021.00), McCain Traffic Supply ($17,889.30), Econolite Control Projects ($17,106.38), U.S. Traffic Corporation ($1,170.05), Graybar Electric ($1,044.53), and Western Pacific Signal ($515.60). This equipment is funded through the Gas Tax Fund. Item 3p. Award Annual Contract to Boise Office Solutions for Office Supplies, in an amount not to exceed $300,000. Four acceptable bids were received. The contract amount is based on information provided by the Departments. Item 3q. Award Contract to Bowman Asphalt, Inc. for Road Improvements on Belie Terrace and Texas Streets the amount of $138,117.72. This project consists of installing new curb & gutter, sidewalk, handicap ramps, road improvements, and fencing along the streets adjacent to Fremont Elementary School and Sequoia Elementary School. These improvements, which are funded by a Federal Grant Program, will allow elementary aged school children to safely walk or ride to school outside of the roadway and off of vehicle paths. Three acceptable bids were received. Staff recommends award to Bowman Asphalt. Item 3r. Award Contract to Whitaker Contractors, Inc. for Effluent Storaqe Improvements at Wastewater Treatment Plant No. 2 in the amount of $1,840,396. The Plant cannot be permitted for the current flow rate of 25 million gallons a day until the farm and effluent storage facilities are also expanded. Currently, the Plant has 5,000 acre-feet of effluent storage capacity which must eventually be expanded to 6,900 acre-feet. This project will convert an old oxidation pond into a storage reservoir and enlarge another reservoir to yield an additional 960 acre-feet of storage capacity. This project is budgeted within the Sewer Enterprise Fund, with $1.6 million available. An additional $500,000 appropriation is requested to fully fund the contract amount and to provide funds for possible contract change orders, materials testing, and construction inspection services. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 11,2004 PAGE 3 This project was originally put out to bid in September, 2003. Conflicts between the two lowest bidders and threatened litigation led the City Attorney to recommend that all bids be rejected. Construction plans and contract documents were again released for bidding in December, 2003. On January 20, 2004, six acceptable bids were received. Staff recommends award to Whitaker Contractors, Inc. Consent Calendar Hearinqs: Item 5a. Appeal by Mclntosh and Associates of the Planninq Commission's Denial of a Zone Chanqe for th~ .North Sde of Snow Road, East of the Friant-Kern Canal, Generally West of Calloway Drive. The land use designation for this area is Suburban Residential. The zone change would permit the development of single family residential units and a drilling island area for petroleum exploration. The motion to approve the request failed 3 to 4 at the Planning Commission meeting of January 15, 2004. Those members who voted against the motion stated that this request was premature, the property is too irregular for the request and that the request should encompass a larger area. No one else was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The applicant is appealing this decision. For months, staff has been meeting with a variety of property owners north of Snow Road about annexation. Some have been talking to Shafter and/or Kern County to compare developing in their jurisdictions to Bakersfield. It is, of course, in the long-term interest of the City to apply our standards to development, to plan for infrastructure, and, generally, to expand the City in a rational, planned manner! Staff recommends approval of the zone change and overturning the decision of the Planning Commission based on the following: The request is consistent with the General Plan's land use designation; the site is located within the City's Sphere of Influence boundary and can be served by the City; and the land south of Snow Road is currently being developed or has received approval for development cf single family residential. The project site is the path of development. Item 5b. General Plan Amendment and Zone Chanqe on 30 Acres Located Approximately 1,100 feet South of Chase Drive and Approximately 3,000 Feet East of the Kern Canyon Road-Vineland Road Intersectio,, (Cornerstone Enqineerinq, Michael Callaqy). The applicant proposes to construct 101 single-family dwellings. The existing land use designations will allow a total of 178 dwelling units. Drainage and sewer design issues have been studied and responded to. The Planning Commission recommends approval. Item5c. General Plan Amendment and Zone Chanqes on 19 Acres Generally Located at the Southwest Corner of Brimhall Road and River Ranch Drive (Froelich Construction Co). This proposal consists of three different elements, Multiple-family Residential, Office Commercial and Office, and Office Retail Commercial adjacent the south side of Bdmhall Road. The applicant proposes a total of 165 "apartment' homes on 18.76 acres. This equates to a density of 8.80 units per acre, which is within the range of dwelling units per acre allowed by the LMR land use designation. A total of 234,000 square feet of "office" space is proposed, with some retail commercial elements. The Planning Commission recommends approval. Item 5d. General Plan Amendment and Zone Chanqe on 81.5 Acres Located alonq the East Side of Morninq Drive, Approximately 300 Feet North of State Route 178 (Brett Dawson)~ The applicant proposes to construct approximately 230 single-family dwellings. The existing land use designation (LMR) and zoning district (MH) will allow approximately 800 mobile homes (10 units per net acre). The proposed development will allow approximateiy three single-family dwellings per net acre. Staff recommends approval. CLOSED SESSION There will be two conferences with legal counsel, one regarding anticipated litigation and another regarding existing litigation. There is also a closed session regarding labor negotiations with the Fire union. HONORABLE MAYOR AND CITY COUNCIL FEBRUARY 11,2004 PAGE 4 CONTINUATION OF REGULAR MEETING - 7:00 p.m, WORKSHOP There will an educational presentation by League of California Cities Executive Director, Chris McKenzie regarding the protection of local revenues, constitutional amendment efforts, and other current League activities affecting the City and State. HEARINGS Council may also hear Consent Calendar Hearing items listed but not heard at the 5:15 portion of the meeting. Item 15a. General Plan Amendment for 19.22 Acres Located alonq the Northwest Corner of Wible Road and Hoskinq Road (David Dmohowski). The applicant proposes 110,000 square feet of retail commercial area and 100,000 square feet of leaseable office floor space. This GPA/ZC is inconsistent with "commercial developmenF policies, which encourage a one-half mile separation of new commercial sites from existing commercial sites and discourage "extending" commercial development along streets. There are several commercial sites within one- half mile and six commercial sites located along Wible Road. The project site is currently zoned residential and could easily be developed with that land use. In addition, 14 letters, 14 phone calls, and a petition with 65 signatures were received that were in opposition. Neither staff nor the Planning Commission could find any basis for approval. The applicant requests continuation to the March 10, 2004 Council meeting. Staff recommends approving the Negative Declaration and disapproving the GPA. Item 15b. General Plan Amendment/Riverlakes Ranch Specific Plan/Zone Chanqe on 42.89 Acres Located o, the North Side of Meany Avenue, between Coffee Road and Patton Way (Kathryn McWhorter, DeWal[ Corporation). The applicant proposes a multi-family residential development (approximately 548 dwelling units) within the Riverlakes Ranch Specific Plan Area. The Planning Commission had concerns with adequate pedestrian access to schools and commercial development, and with protecting the existing single family residences to the north. To address these issues, they required the PUD zone to be combined with the proposed R-2 zone, which would allow the developer to demonstrate that the project can be designed as a walkable community. To protect the properties to the north, an eight (8) foot high block walt was required for the project. Staff is recommending approval for the project. Item 15c. General Plan Amendment and Zone Chanqe for 9.8 Acres Generally Located South of Chase Avenu~, and East of Kern Canyon Road (State Route 184) {San Joaquin Enqineerinq, Rex Martin). The applicant is proposing to develop the northern portion of the project site (2.6 acres) with eight single-family residential lots (over 10,000 sq. ft. in size) and the southern portion (5.6 acres) with five one-acre residential lots. The area that contains the drainage channel (1.6 acres) will remain as open space. The applicant requested that the southern portion of the project site be permitted septic systems until municipal sewer service is established close enough to connect. The Planning Commission agreed, subject to the following conditions: 1) a dry sewer line must be installed, 2) sewer hookup fees must be paid prior to issuance of building permits, and 3) once municipal sewer service is established within 1,000 feet of the project site, all R-S-lA lots must connect to the service. The lots proposed on the northern portion will connect to the existing municipal sewer service. The Planning Commission also determined that the drainage channel that traverses the project site should be piped. This will make the proposal consistent with an adjacent project to the west (Item 5b on this agenda), which is proposing to pipe the drainage channel. The applicant is appealing the required conditions. Subsequent to the preparation of the administrative report staff met with Brett Dawson of San Joaquin Engineering, Inc., the owners' representative for this project. Staff and Mr. Dawson agreed on a solution, with a little of give-and-take on both sides, and have come up with an alternative which would not require the developer to cover the ravine completely and instead build a concrete culvert beneath the road (in effect a small bridge). Additionally, the developer agreed to provide sewer services to the homes in the southern portion of the development with a lift station. Staff will be recommending approval if these this changes are required of the developer. MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JANUARY 28, 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 5:17 p.m.), Benham, Hanson, Sullivan, Salvaggio Absent: None 2. PUBLIC STATEMENTS None. 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: 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 Commercial) to R-1 (One-Family Dwelling) on 5_+ acres located along the northwest comer of Progress Road and Panama Lane. ORD 4166 Adoption of Ordinance amending Section 10.69.030 of the Municipal Code relating to Special Events Application - Issuance Fee. ORD 4'167 Bakersfield, California January 28, 2004 - Page 2 CONSENT CALENDAR continued 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. Resolutions: 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) noah 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 noah of Brimhall Road; and (4) south of Panama Lane, east of Old River Road. 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. 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. ACTION TAKEN ORD 4t68 RES 012-04 RES 013-04 RES 014-04 RES 015-04 ORD 4169 RES 016-04 RES 017-04 ROI 1324 Bakersfield, California January 28, 2004 - Page 3 CONSENT CALENDAR continued 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 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,O00.OO. 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: 1, 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. ACTION TAKEN RES 0'18-04 RES 0'19-04 RES 020-04 AGR 02-099('1) RES 021-04 RES 022-04 AGR 04-018 AGR 04-0'19 AGR O4-O20 AGR 04-02'1 Bakersfield, California January 28, 2004 - Page 4 CONSENT CALENDAR continued q. Contracts for legal services: Agreement with Clifford & Brown ($175,000.00) for legal services. Agreement with Marderosian, Runyon, et al ($150,000.00) for legal services. Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the terms of the termination clause. 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. 1 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. 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. Maintenance and Use Agreement, Quitclaim Deed, and Grant of Easement for Camino Grande Street Vacation at the Bear Mountain Cogeneration Facility. Miscellaneous: Historic Preservation Commission 2002/2003 Fiscal Year Annual Report. 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. Motion by Vice-Mayor Couch to approve Consent Calendar items 3. a. through 3.x. with the removal of 3.r., 3.s., 3. t., and 3.x. for separate consideration. ACTION TAKEN AGR 04-022 AGR 04-023 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION AGR 01-087(3) AGR 04-024 REMOVED FOR SEPARATE CONSIDERATION APPROVED Bakersfield, California January 28, 2004 - Page 5 CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the terms of the termination clause. Councilmember Maggard requested staff analyze cost effectiveness of cancelling private contracts and utilizing City personnel to perform work thus saving jobs. Motion by Councilmember Maggard to adopt the Amendment. Amendment No. I to Right of Way Contract No. 03-254 with Caltrans for the intersection of State Highway 178 and Mount Vernon. Motion by Councilmember Maggard to adopt the Amendment. Amendment No. 1 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. Vice-Mayor Couch noted the contractor, unsolicited, has offered to reduce their fees to the City by 5% due to current fiscal issues and requested staff send Krazan & Associates thanking and acknowledging the gesture. Motion by Vice. Mayor Couch to approve the Amendment. 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. Motion by Councilmember Carson to approve the item. CONSENT CALENDAR HEARINGS - Items heard at 7:00 p.m. portion of meeting. ACTION TAKEN AGR 01-011(1) APPROVED AGR 03-254(I) APPROVED AGR 03-182(~) APPROVED APPROVED None. Bakersfield, California January 28, 2004 - Page 6 WORKSHOP a. Westside Parkway Update. Staff comments by Public Works Director Rojas and presentation by Civil Engineer Ted Wright, with written material provided b. Pool Closures Motion by Councilmember Benham to move item Workshop 5. b. to the 7:00 p.m. portion of the meeting after Public Statements. 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. 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. Motion by Vice-Mayor Couch to recess to Closed Session at 5:56 p.m. Motion by Benham to recess from Closed Session at 7:10 p.m. RECONVENED MEETING - 7:15 p.m. 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor David Wells, Higher Ground Church. PLEDGE OF ALLEGIANCE by Justin Lopez, 6th Grade Student at Eissler Elementary School. ACTION TAKEN APPROVED APPROVED APPROVED 10. 12. 13. Bakersfield, California January 28, 2004 - Page 7 CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. City council, by a vote of 7.0, directed the City Attorney to take the necessary steps for the City of Bakersfield to be a co- plaintiff, with a financial commitment not to exceed $16,000, in a lawsuit filed by several California cities against the State of California to invalidate the preemption of local sales tax as part of the "triple flip". 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. PUBLIC STATEMENTS Paul Holling spoke regarding progress of the Padre Hotel renovation. Councilmember Benham requested staff maintain communication with Mr. Holling regarding parking needs for the hotel area. Scott Fieber, Chairperson of the Historic Preservation Commission, gave the Commission's Annual Report. c. Stuart Gentry spoke regarding the City Budget. Terrail Lott and Julius Howard Rodgers spoke regarding City parks. Bernita Jenkins, Chairperson, Kern County Human Relations Committee, provided information regarding the 'Hate Free Zone Campaign Kickoff' and invited the community and Councilmembers to attend. WORKSHOP b. Pool Closures. Staff presentation by Interim Director of Recreation and Parks Christensen. ACTIONTAKEN APPROVED NO REPORTABLE ACTION 11. 13. 14. Bakersfield, California January 28, 2004 - Page 8 WORKSHOP continued Councilmernber Carson requested staff research ways to use CDGB funds to provide recreational services to areas losing pools and, provide transportation to pools that remain open. Councilmember Carson requested staff research ways to use CDGB funds to provide fire services. Vice-Mayor Couch requested staff investigate ways to use CDGB funds to provide fire services. Motion by Vice-Mayor Couch, for the record, to adopt staff's recommendation, that Wayside, Planz, Jastro, Siemon and Beale pools not be opened for the 2004 season due to budget captures and financial threats from the state. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. HEARINGS 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 corner 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) ACTION TAKEN APPROVED RES 023-04 FR 14. Bakersfield, California January 28, 2004 - Page 9 HEARINGS continued Item 14.a. continued Staff comments by Development Services Director Hardisty. Hearing re-opened at 8:28 p.m. No one spoke in opposition to the staff recommendation. Bruce Freeman, Castle & Cooke, spoke in support of the staff recommendation. Hearing closed at 8:29 Motion by Councilmember Hanson to adopt the Resolution and deny the appeal. 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. Correspondence was received from Clifford Ronk on behalf of Kyle Carter Homes requesting that this hearing be continued to February 25, 2004. Staff comments by Development Services Director Hardisty. Hearing opened at 8:35 Motion by Councilmember Hanson to continue the hearing to the Council meeting of February 25, 2004. ACTION TAKEN APPROVED APPROVED 14. 14, Bakersfield, California January 28, 2004 - Page 10 HEARINGS continued 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 comments by Development Services Director Hardisty. Hearing opened at 8:38 p.m. Gordon Nipp provided written matedal and spoke in opposition to the staff recommendation. Randy Bergquist, Porter Robertson Engineering, spoke in favor of the staff recommendation. Hearing closed at 8:51 p.m. Motion by Councilmember Maggard to approve the Resolution denying the appeal and uphold the Planning Commission's decision. COUNCIL AND MAYOR STATEMENTS Councilmember Benham requested staff provide clean up in the alley behind the Boys and Girls Club at 801 Niles Street. Councilmember Salvaggio requested staff investigate and respond regarding the offer of the owner of the mini-storage units north of White Lane, on the east side of the freeway at the Hwy. 99 interchange, to replace the eucalyptus trees bordering his business which he claims are infected; staff to communicate with Cal-Trans on the issue due to the trees being in their right- of-way, in particular Mike Sheffield regarding new plantings; staff to assure the business owner's sign is not blocked by trees. ACTION TAKEN RES 024-04 APPROVED 15, Bakersfield, California January 28, 2004 - Page 11 COUNCIL AND MAYOR STATEMENTS continued Councilmember Salvaggio provided information and requested the Legislative and Litigation Committee address the issue of seizing cars of individuals who illegally dump trash. Councilmember Salvaggio requested staff check the 5600 block of Krista Court for junk vehicles on the street and in driveways violating time limits. Councilmember Salvaggio requested police ensure off. road vehicle operators trespassing on the vacant area at South H Street and Berkshire/Hosking Roads on weekends be ticketed. Councilmember Salvaggio requested an update regarding the sewer issue with Mr. Quirate. Councilmember Salvaggio requested staff investigate the feasibility of installing a flashing red beacon at the intersection of Berkshire Road and Monitor Street. Councilmember Salvaggio requested staff address the problem of speeding on Mallard Court. Councilmember Maggard invited the public to present Council with ideas for money saving measures. Councilmember Maggard requested staff investigate feasibility of a program encouraging sponsorship by businesses or neighborhoods to adopt public streets for maintenance; in exchange the City would acknowledge participation through signage. Councilmember Maggard requested staff reduce volumes of paperwork by converting, where appropriate, to digital cad flies. Councilmember Maggard requested an update on acquiring grant funds to provide additional police officers and scheduling an academy. Councilmember Maggard requested staff research the feasibility of using CDBG funds to fund personnel in appropriate departments of the City. Councilmember Maggard requested staff provide information regarding the possible use of CDBG funds to transport team users of the Siemon Park pool to other locations and how scheduling would be facilitated. ACTION TAKEN 15. Bakersfield, California January 28, 2004 - Page 12 COUNCIL AND MAYOR STATEMENTS continued Councilmember Maggard requested staff review the Workers Compensation Reform Package being assembled by Grimmway Farms for possible implementation. Councilmember Hanson requested staff provide an update on repairs at the SW corner of Ming and Ashe. Councilmember Carson requested an update regarding the installation of a flashing red light at McKinley School and 4~ Street, Councilmember Carson requested information regarding caps on the use of CDBG funds for public services. Councilmember Carson assured citizens in the Wayside neighborhood that a water play area is scheduled for the park as well as recreation programs. Councilmember Sullivan requested staff repair pot holes on Wible between Panama and Harris. Councilmember Sullivan thanked Code Enforcement for their assistance. Vice-Mayor Couch requested staff investigate a citizen's concern of a dangerous intersection and provided information to staff. Vice-Mayor Couch requested staff provide information regarding the legality of parking a van advertising an adult business in a residential neighborhood. Vice-Mayor Couch invited the community to attend a fund raiser for the Boys and Girls Club at the home of Fire Chief Ron Fraze. Councilmember Carson requested information on the use of reserve funds, which have been set aside, for the Facilities Replacement and Equipment Fund. ACTION TAKEN 16. Bakersfield, California January 28, 2004 - Page 13 ADJOURNMENT Mayor Hall adjourned the meeting at 9:40 p.m. ACTION TAKEN MAYOR ofthe CityofBakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 rAGENDA SECTION: Presentations ITEM: c'~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 28, 2004 ~;;~/ED DEPARTMENT HEAD~__~_ CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to Terry $chroepfer, President of American Society of Civil Engineers Southem San Joaquin Branch, proclaiming February 22-28, 2004, as "National Engineers Week". RECOMMENDATION: BACKGROUND: ndw January 28, 2004, 3:34PM S:\MAYOR~ADMIN~IATIONAL ENGINEERS WEEK 04.dot ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Presentations ~TEM: .~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 28, 2004 J;N~OVED DEPARTMENT HEAD_.~.' % CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Rich Richardson, Program Chair for Read Across Bakersfield, proclaiming March 4, 2004, as "Read Across Bakersfield Day". RECOMMENDATION: BACKGROUND: ndw January 28, 2004, 5:04PM S:\MAYOR~ADMIN\READ ACROSS BAKERSFIELD DAY 04.dot MEETING DATE: February 11, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: ~. ~., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk January 16, 2004 APPROVED DEPARTMENT HE~__ CITY ATTORNEY CITY MANAGER Approval of minutes of the January 28, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: MEETING DATE: ADMINISTRATIVE REPORT February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. b' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 3, 2004 APPROVED DEPARTMENTHEAD CITY MANAGER Approval of department payments from January 16, 2004 to January 29, 2004 in the amount of $9,917,811.00 and self insurance payments from January 16, 2004 to January 29, 2004 in the amount of $94,245.46 RECOMMENDATION: Staff recommends approval of payments totaling $10,012,056.46 BACKGROUND: klg Februa~j 3, 2004, 12:00PM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT IMEETING DATE: February 11, 2004 AGENDA SECTION: Consent ITEM: q,. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 29, 2004 //~PPF~.OVED DEPARTMENT HE~_~ 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 Allen Road, and denying the appeal (File #03-01073) (Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: On January 28, 2004, the City Council held an appeal hearing to discuss proposed alley widths for this development and related Tract 6223. City Council modified the decision of the Planning Commission to reflect a compromise agreement between Castle and Cooke Development and staff. First reading of this ordinance was held on January 28, 2004. The project site is located on the north side of White Lane and east of South Allen Road. Zone Change #03-01073 is a change from an R-1 (One Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone and consists of 242 lots for purposes of private gated single family development, I lot for a retention basin, 26 private landscape lots and 2 private parks on 107.38 acres. 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. 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 there will be a 10 ft. x 10 ft. corner cutoff and ADMINISTRATIVE REPORT 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 Admin~jan\1-28-6223 ADMINISTRATIVE REPORT IMEETING DATE: February 11,2004 AGENDA SECTION: Consent ITEM: ~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 20, 2004 A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 457 & 458 located in two separate areas (1) between Kratzmeyer Road and Reina Road, generally west of Allen Road and (2) east of Oswell Street to Sterling Road, generally south of State Route 58. (Wards I & 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 457 and Annexation No. 458, to the City of Bakersfield. The proposed annexation consists of approximately 80 acres of uninhabited land located south of Kratzmeyer Road to Reina Road, generally west of Allen Road and approximately 80 acres of uninhabited land east of Oswell Street, to Sterling Road, generally south of State Route 58. The property owners of each of the annexation territories have consented to annexation. The owners want to receive city services. MO p:admin\feb~-I 1-457&458 ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent ITEM /.~. ~., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building January 27, 2004 .a~P-~I~pVE D DEPARTMENT HEAD~.~~-'~ CITY ATTORNEY cra' MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1 & 2) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on January 12, 2004, by the Assistant to City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 3406 Oliver Street 172-101-41 $ 820.00 2. North of 313 S. Owens Street 018-290-17 $ 1,120.00 3. 2109 Roland Street 170-162-14 $ 740.00 Ward 2/Councilmember Benham 4. 2408 Brundage Lane 008-240-18 $ 310.00 January 27, 2004, 12:09PM P:\febl 1 bi1 .doc ADMINISTRATIVE REPORT Page 2 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. January 27, 2004, 12:09PM ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~,,~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 27, 2004 APPROVED DEPARTMENTHEAD,~ CITY ATTORNEY ClTY MANAGER ~//A~ Resolution adding territory, Area 1-44 (Allen, Snow SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 28, 2004 the Council adopted Resolution of Intention No. 1324 to add territory, Area 1-44 (Alien, Snow SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tentative Tract No. 6195. Area 1-44 is generally bounded by Snow Road on the north, a line 1/4 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 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. Dc January 27, 2004, 9:36AM Q:tPROJECTS\MAINDIST~ADMINRPT~MD1-44_Est-Feb11-04.dot ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, J TO: FROM: DATE: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 30, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Resolution of the Council of the City of Bakersfield in Support of the Committee for Workers' Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform Act Initiative RECOMMENDATION: Staff recommends approval. BACKGROUND: At the January 28~h City Council meeting, Councilmember Maggard requested that staff prepare a resolution in support of efforts by the Committee for Workers' Compensation Reform and Accountability and the Workers' Compensation Reform and Accountability Act Initiative. Staff received background information on the initiative from Jeff Green of Grimmway Farms, who is among the business and industry groups supporting the measure. California employers pay the highest workers' compensation costs in the nation. Costs for workers' compensation have grown dramatically for both public agencies and private businesses, which have impacted the city's ability to provide public services and promote economic development efforts of the city. Costs of workers' compensation for the city alone have increased from about $2.4 million to $3.4 million annually from FY 1997-98 to FY 2002-03. This represents a 38% increase over the past six years. Over that same period of time, the number of claims reported went from 289 annually to 210; a 27% decrease. The city's average cost per claim over the past five years has almost doubled from $8,457 to $16,081. A recent actuarial study showed the City has an unfunded worker's compensation claims liability of approximately $8.3 million which will have to be funded over a several year period. These cost increases directly impact our ability to provide personnel for basic public services. The $1 million increase in workers' compensation costs the city has experienced over the past six years could have provided funding for approximately 12 police officers, or 9 firefighters to staff an engine company, or 40% of the FY 2003-04 budget for recreation programs. The Workers' Compensation Reform and Accountability Act would do the following: 1. Proof of Injury: The initiative will require the employee to prove an injury occurred at work. It will require the employee prove the injury by a preponderance of the evidence. It will also require that all workers' compensation laws be interpreted in an impartial and balanced manner so that the employee and the employer will be considered "equal before the taw." February 3, 2004, 1:32PM S:~Admin Rpts~2OO4\Workers' Comp Initiative 021104. dot JWS:al Page 1 ADMINISTRATIVE REPORT Apportionment of Permanent Disability: The initiative provides that injured employees receive disability benefits from their employer only for the portion of disability caused as the direct result of the injury arising out of and occurring in the course of employment. Employers would not be liable for injuries or conditions that are not a direct result of the employment. Treating Physicians: The initiative requires that treating physicians, whether pre-designated or selected thirty days after the injury occurs, be mutually agreed upon by both the employee and employer. Qualified Medical Examiners: The initiative will require that the selected Qualified Medical Evaluators' specialty is relevant to the type of injury for which the evaluation is sought. Evaluators will be required to support their opinions using "objective findings." 5. Medical Treatment Dispute Resolution: Disputes regarding the denial, modification, delay or approval of medical treatment would be decided by medical professionals. Standardized Treatment Guidelines: The diagnosis and treatment of industrial injuries will be governed by guidelines established by the American College of Occupational and Environmental Medicine. Those guidelines are based upon the best available scientific evidence. This will require evidence based opinions by doctors and it will remove speculation and conjecture as the basis for an opinion. 7. Benefits for Convicted Criminals: Inmates will no longer be permitted to make a claim for disability payments for injuries that occur while they are in custody. 8. Workers' Rights: Permanent disability benefits will be increased for the most seriously injured employees. Staff has analyzed the proposed reforms in the Workers' Compensation Reform and Accountability Act and believes they would result in significant cost savings to the city, needed changes to the workers' compensation system and appropriate workers' compensation benefits for employees who are legitimately injured on the job. Governor Arnold Schwarzenegger is currently working with the state legislature to craft legislation to address many of these same workers' compensation reform issues. The Committee for Workers' Compensation Reform and Accountability supports Governor Arnold Schwarzenegger's Legislative efforts on this issue; however, they are preparing to take the issue directly to voters if the Legislature fails to act by the Governor's March 1st deadline. If the Legislature misses this deadline, steps will be taken by the Committee for Workers' Compensation Reform and Accountability to qualify the measure for the November ballot. February 3, 2004, 1:32PM S:~Admin Rpts~2004\Workers' Comp Initiative 021104.dot JWS:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, h' TO: FROM: DATE: SUBJECT: (1) Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 23, 2004 Tract Maps and Improvement Agreements AP~PROVED DEPARTMENT HEAD CITY ATTORNEY CiTY MANAGE~-'/(~? Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6082 Unit 4 located north of Pacheco Road and east of Mountain Vista Drive. (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 23, 2004, 9:55AM G:\GROUPDAT~ADMINRPT~2004\02-11\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SE. CTION: Consent Calendar TEM: ~. I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 30, 2004 DEPARTMENT HEAD ~/~_~OVED ClTY ATTORNEY,../~''7-~ CITY MANAGER ~ Subordination Agreement/Consent To Grant Of Easement between the City of Bakersfield and Kern Delta Water District for canal crossing Panama Lane east of Buena Vista Road 0Nard 5) RECOMMENDATION: Staff Recommends approval of the agreement. BACKGROUND: As part of the development of Tract 6104, located north of Panama Lane and east of Buena Vista Road, the developer is required to relocate a Kern Delta Water District canal. Prior to the relocation of the canal Kern Delta Water District had superior right of easement. This agreement allows Kern Delta Water District to maintain their superior right of easement. td January 30, 2004, 8:30AM G:\GROUPDAT~ADMINRP'iA2004\02-11\Subordination Agreement Panama Lane TR6104.dot ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 3, 2004 Property Acquisition: APPROVED DEPARTMENT HEAD CITY ATrORN ?~___./~'''~- C,WM^.^GER 1. Approve Agreement, $5,500 with EPIC, LLC, to exchange real property located in the south half of Section 10, Township 29 South, Range 28 East, north of Alfred Harrell Highway and west of Fairfax Road. 2. Appropriate $7,500 fund balance to the Capital Improvement Budget within the refuse fund. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is acquiring land as a buffer around the City's former landfill located north of Panorama Drive and west of Fairfax Road. In May of 2001, the City acquired the first parcel of land which comprised approximately 15 acres. Subsequently, the City contacted the adjoining property owner EPIC, LLC and offered to purchase their entire property for the landfill buffer. However, EPIC did not want to sell any of their property and on October 22, 2003 a public hearing was held to determine whether it was in the public interest to acquire EPIC's property by eminent domain. At that hearing representatives of EPIC spoke and once again expressed their desire not to sell their property. The City Council continued the hearing and asked to staff to continue negotiating with EPIC in an effort to avoid having to move forward with the eminent domain proceedings. Fortunately, staff and EPIC were able to reach a compromise wherein the City and EPIC would trade portions of their respective parcels rather than an outright purchase. Consequently, the City will be trading approximately 6 acres of the City's 15 acre parcel for approximately 7 acres of EPIC's 22 acre parcel. The purchase price of $5,500 is to compensate EPIC for the difference in parcel sizes and is a product of negotiations based on an appraisal completed by Michael C. Burger, MAI, an independent fee appraiser. A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services Director. On July 17, 2003, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 IAGENDA SECTION: Consent Calendar ITEM: H, E, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager February 5, 2004 APPROVED DEPARTMENT HE~.~ CITY ATTORN F..~/~ CITY MANAGER Agreement with City of Bakersfield and Fly Football, LLC for the Bakersfield Blitz Arena Football Expansion Team RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: An expansion af2 team has been awarded to the Bakersfield market for play in 2004. The team, which will be operated by the front office staff of the Bakersfield Condors ECHL hockey team, will keep the same Bakersfield Blitz identity as the team that has played in the Centennial Garden for the past two seasons. The rights to the original Bakersfield Blitz team, which was operated by Casey Wasserman for the past two seasons, were sold to George Chung. After approval from the league, Chung announced his plans to relocate the team to Fresno. The team will also undergo a complete re-branding. With the departure of the team in Bakersfield, a new expansion team was subsequently awarded to the market. That team, which will be operated by the front office staff of the ECHL's Bakersfield Condors, will retain the original Blitz identity. Matthew Riley will serve as president of the team. Attached is an agreement between Flying Football, LLC and SMG acting herein on behalf of the City of Bakersfield. Flying Football LLC is owned by Condors majority owner Jonathon Fleisig and operated by Condors President, Mathew Riley. This agreement is for a one (1) year term with two (2) additional one (1) year options and is structured at a no risk basis for the City of Bakersfield. The Bakersfield Blitz 2004 season opener is tentatively scheduled for Saturday, April 17, 2004 at Centennial Garden. February 5, 2004, 9:49AM SP:~Jim~A.F.2~Adrnin Blitz 2004.doc ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar TEM: H, I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 30, 2004 APPROVED D PARTME. .EAD CITY CITY MANAGER Amendment #1 to Agreement # 03-070 with Launer & Associates regarding additional appraisal services required regarding proposed Assessment Distdct No. 03-1 (Brighton Place / Silver Creek II). Additional costs of $5,000 to be paid from developer deposit. RECOMMENDATION: Staff recommends approval of contract amendment #1. BACKGROUND: On March 26, 2003 the City Council adopted Resolution No. 046-03, Accepting Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed assessment district. On April 9, 2003, the City Council approved Agreement # 03-070 with Launer and Associates to perform appraisal services regarding the proposed assessment district. Mr. Launer completed his appraisal work regarding the proposed district in accordance with the odginal schedule outlined in the contract (August 2003). Due to unscheduled delays in receiving disclosure information from the developer regarding their project, the financing of the district has been delayed to the point that the information in the odginal appraisal is now considered "stale" and needs to be updated. The general rule of thumb, according to disclosure counsel and the bond underwriter, is that the appraisal information should be dated within 60 to 90 days from the date of sale of the bonds, but it should certainly be no more than 180 days from date of sale, which is viewed as marginally acceptable by the bond market. The timing on the proposed sale of bonds has been pushed back several times, again due to delays caused by the developer. We are currently looking at June 2004 to sell bonds and because of this schedule change, it is necessary to have the appraisal data updated accordingly. The original appraisal cost was $25,000. Mr. Launer has given us a price for the new appraisal not to exceed an additional $5,000; bdnging the total amended contract amount to $30,000. The cost of the appraisal is funded by the developer in the form of a deposit, which is refundable to the developer if / when the bonds are sold. ( klm g;form s;admin-assmtdist03-1 amendappraisal) ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. It3't. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 28, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNL~~ CITY MANAGER ~ Accept bid from Ramsey Street Ford $27,490.32 for two (2) additional mid size sedans for Code Enforcement (grant funded). RECOMMENDATION: Staff recommends approval. BACKGROUND: On November 19, 2003 Council appropriated funds provided by the Code Enforcement Grant Program. Invitations to bid were sent to fourteen (14) vendors. Six (6) bids were received, as follows: Ramsey Street Ford 1585 West Ramsey Street Banning CA 92220 in the amount of $27,490.32 Hoblit Motors P. O. Box 910 Woodland CA 95776 in the amount of $29,595.99 McLeod Ford 201 East Forest Coalinga CA 93210 in the amount of $32,604.00 Motor City Auto Center 3101 Pacheco Road Bakersfield CA 93313 (City) in the amount of $33,685.08 With 1% Sales Tax consideration $33,371.00 Three Way Chevrolet 3800 California Avenue Bakersfield CA 93309 (City) in the amount of $33,882.57 With 1% Sales Tax consideration $33,566.65 Coalinga Motors 625 East Elm Street Coalinga CA 93210 in the amount of $34,485.17 Purchasing Division DW:ljm P:~ADMIN~004 ADMIN\C04_021 l_B_Mid Size Sedans.doc January 28, 2004, 5:05PM ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Consent Calendar ITEM: ~, ri, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 26, 2004 APPROVED DEPARTMENT HEAD CITY MANAGER SUBJECT: Accept bid from Central Valley Truck Center $294,049.48 for two (2) additional, and Gibbs International $440,754.60 for four (4) replacement Refuse Trucks for Solid Waste Division of Public Works. Total $734,804.08 RECOMMENDATION: Staff recommends approval. BACKGROUND: Invitations to bid on refuse trucks (two front loading with packer and four roll off) were sent to eleven (11) vendors. Five bids were received as follows: Central Valley Truck Center Amrep 2707 S. East Avenue Fresno, CA 93725 Neway Gibbs International 3525 Buck Owens Blvd. Bakersfield, CA 93308 Bakersfield Truck Center 8140 Golden State Hwy. Bakersfield, CA 93308 (County) Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 Central Valley Kenworth 2900 Gibson Street Bakersfield, CA 93308 Front loading (2) $147,024.74 $154,404.61 no bid $148,263.47 no bid $155,146.78 Roll off (4) $116,932.53 $110,188.65 $112,850.60 $111,956.13 $135,724.88 Purchasing Division DW:ljm S:~ADM[N_03_0226_Refuse trucks- side loaders,doc January 26, 2004, 9:42AM ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Consent Calendar TEM: L[. O. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 27, 2004 APPROVED DEPARTMENT HEAD.~--~'~ SUBJECT: Accept bids from JAM Services (8 items $21,021.00), McCain Traffic Supply (1 item $17,889.30), Econolite Control Products (9 items $17,106.38), U. S. Traffic Corporation (2 items $1,170.05), Graybar Electric (1 item $1,044.53), and Western Pacific Signal (2 items $515.60) for traffic signal equipment. Total $58,746.86 RECOMMENDATION: Staff recommends approval. BACKGROUND: This equipment will be used at Brimhall Road and Windsong Street and is funded by Gas Tax. Invitations to bid were sent to thirteen (13) vendors. Nine (9) bids were received. In order to get the best price, staff recommends the award be split as follows: JAM Services, Incorporated 7650 Hawthorne Place Livermore CA 94550 8 items in the amount of $21,021.000 McCain Traffic Supply 2575 Pioneer Avenue 1 item Vista CA 92083 in the amount of $17,889.30 Econolite Control Products 3360 El La Palma Avenue Anaheim CA 92806 U. S. Traffic Corporation 9603 John Street Santa Fe Springs CA 90670 Graybar Electric 6100 Schirra Court Bakersfield CA 93313 (C~ty) Western Pacific Signal 1794 East 14th Street San Leandro CA 94577 9 items in the amount of $17,106.38 2 items in the amount of $ 1,170.05 I item in the amount of $ 1,044.53 2 items in the amount of $ 515.60 Purchasing Division DW:ljm P:~ADMIN~2004 ADMIN\C04_021 l_A_Traffic Signal Poles-Equipment,doc January 28, 2004, 8:58AM ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Consent Calendar TE : '-I. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 29, 2004 APPROVED DEPARTMENT HEAD CiTY A-i-rORN yL~' ~')~'''- C.',MANAGE. SUBJECT: Accept bid to award annual contract to Boise Office Solutions, not to exceed the budgeted amount of $300,000.00, for office supplies. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract provides office supplies (paper, printer toner cartridges, binders, calendars, etc.) for City staff as needed. Invitations to bid were sent to thirteen (13) vendors. Four (4) bids were received. Departments estimate quantities and types of supplies that may be required for the upcoming year. The unit prices of the four bidders were compared to determine the Iow bidder, and the lowest prices were offered by Boise Office Solutions. Purchasing Division DW:ljm S:~ADMIN_C04 0211 D_Office Supplies.doc February 3, 2004, 3:31 PM ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~ January 29, 2004 CITY ATTORNEY ~ DATE: CITY MANAGER ~ SUBJECT: Accept bid to award contract to Bowman Asphalt, Inc. for $138,117.72 for Safe Route to School Improvements on Belle Terrace and Texas Streets. (Ward 1) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: This project consists of installing new curb & gutter, sidewalk, handicap ramps, road improvements, and fencing along the streets adjacent to Fremont Elementary School and Sequoia Elementary School. These improvements will allow elementary aged school children to safely walk or ride to school outside of the roadway and off of vehicle paths. This project is part of a Federal Government program to improve the areas around schools so children can safely walk to school without sharing roadways with motor vehicles. On December 18, 2003, three acceptable bids were received as follows: Bowman Asphalt 3527 Brian Way Bakersfield, CA 93308 (City) Griffith Company P.O. Box 10157 Bakersfield, CA 93387 (County) Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 (Out of Town) in the amount of in the amount of in the amount of $138,117.72 $148,682.00 $198,891.00 January 29, 2004, 11:35AM G:\GROUPDAT~ADMINRP'I~2004\02.1 l~AdminRpt_Sa feRoute.doc ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: /'-I. r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 28, 2004 DEPARTMENT HEAD CITY A'n'ORNEY ClTY MANAGER APPROVED Wastewater Treatment Plant No. 2, Effluent Storage Improvements (Ward 1 ): 1. Accept bid to award contract to Whitaker Contractors Inc., for $1,840,396; 2. Appropriate $500,000 Sewer Enterprise Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: Wastewater Treatment Plant 2 was expanded and upgraded in 1999 to a design capacity of 25 million gallons per day. The Plant cannot be permitted for this flow rate until the farm and effluent storage facilities are also expanded. Currently, the Plant has 5,000 acre-feet of effluent storage capacity which must eventually be expanded to 6,900 acre-feet to meet the plant capacity. This project will convert an old oxidation pond into a storage reservoir and enlarge another reservoir to yield an additional 960 acre-feet of storage capacity. This project is budgeted within the Sewer Enterprise Fund, with $1.6 million available. An additional $500,000 appropriation is requested to fully fund the contract amount and to provide funds for possible contract change orders, materials testing, and construction inspection services. This project was originally put out to bid in September, 2003. Conflicts between the two lowest bidders and threatened litigation led to the City Attorney to recommend that all bids be rejected. The City Council rejected all bids at the Council Meeting on October 22, 2003. On December 10, 2003 construction plans and contract documents were again released for bidding. On January 20, 2004, six bids were received for the project: Whitaker Contractors Inc. 22985 El Camino Real Santa Margarita, CA 93453 In the amount of $1,840,396.00 Mauldin-Dorfmeier Construction, Inc. 240 N. Millbrook Fresno, Ca 93726 In the amount of $1,889,877.00 Januaw 28, 2004, 2:31 PM G:\GROUPDAT~ADMINRPT'~2004~02-1 I\WWTP2 Effluent Storage_AdminRpt.doc ADMINISTRATIVE REPORT Wood Brothers Inc. PO Box 216 Lemoore, CA 93245 Kaweah Construction 335 N. Thorne Avenue Fresno, CA 93706 Granite Construction Co. 585 W. Beach Street Watsonville, Ca 95076 Irv Guinn Construction Co. 6533 Rosedale Highway Bakersfield, CA 93308 In the amount of In the amount of In the amount of In the amount of $1,894,916.00 $1,938,225.00 $2,082,519.00 $2,410,500.00 January 28, 2004, 2:31PM G:\GROUPDA3'~ADMINRPT~2004~2-1 I\WWTP2 Effluent Storage_AdminRpt.doc ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager January 30, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER Request from North Bakersfield Recreation and Park District to change zoning of parks within the district from OS (Open Space) to RE (Recreation) (Hard 4) RECOMMENDATION: Staff recommends referral to Planning and Development Committee. BACKGROUND: The North Bakersfield Recreation and Park District has made a request that the City consider changing the zoning all parks located within the district from OS (Open Space) to RE (Recreation). They feel the Recreation zoning better defines the parks and park uses. Staff from the district appeared at the February 2~d Planning and Development Committee meeting and requested that the Committee review their proposal. Staff is reviewing their request to determine if there are any issues or concerns related to the proposed change. Staff recommends referral to the Planning and Development Committee. February 4, 2004, 8:28AM S:'~Adrnin Rpts~.004\Park Zoning 021104.dot JWS:al Page 1 ADMINISTRATIVE REPORT IMEETING DATE: February 11,2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 2, 2004 DEPARTMENT H E~~/~ C, A rOR Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change 03-1279. (Engineer-Mclntosh and Associates/Subdivider- Castle & Cooke Development) Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to E (Estate) on 74.35 acres, and to DI (Drilling Island) zone on 2.5 acres, located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive. (ZC 03-1279). (Ward 4). RECOMMENDATION: Staff recommends overturning the Planning Commission decision, adopting the Negative Declaration and approve the zone change as requested and first reading of the Ordinance. BACKGROUND: This property represents one of many owners north of Snow Road that staff has been meeting with regarding potential annexation. The action by the Planning Commission was unexpected and was not supportive of Council policy or goals regarding annexation. The Metropolitan Bakersfield Land Use designation is Suburban Residential. The requested amendment to the zoning ordinance would permit the development of single family residential units and a drilling island area for petroleum exploration. The Planning Commission conducted a public hearing on this Zone Change on January 15, 2004, and a motion to approve the request failed 3 to 4. The Planning Commission members who voted against the motion stated that this request was premature at this time, that the property is too irregular for the request and that the request should encompass a larger area. No one else was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The applicant has submitted an appeal to the Planning Commission decision not to approve the requested zone change from agriculture to single family residential. Staff supports the applicants appeal and are bringing the matter before the City Council to overturn the action of the Planning Commission. The property owner requested the annexation of land and the zone change which is consistent with the general plan's land use designation. The site is located within the City's Sphere of Influence boundary and can be served by the City of Bakersfield. The land south of Snow Road is currently being developed or has received approval for development of single family residential. The project site is the path of development. Staff recommended approval of the requested zone change. ADMINISTRATIVE REPORT Page2 Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on December 12, 2003, in accordance with CEQA. ADMINISTRATIVE REPORT IMEETING DATE: February 11,2004 AGENDA SECTION: Hearings ITEM: ~. b, TO: FROM: DATE: SUBJECT: Honorable Mayor and Cit~ Council Development Services - Planning February 4, 2004 General Plan Amendment/Zone Chanqe 03-1165 (Ward # 3). Michael J. Callagy, Cornerstone Engineering, Inc., has proposed a General Plan Amendment, an amendment to the Breckenridge Hills Specific Plan and a zone change located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road- Vineland Road intersection on 30 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from HMR (High Medium Density Residential), OS (Open Space) and R-MP (Resource-Mineral Petroleum) on 30 acres. Resolution approving the Negative Declaration and adopting the Breckenridge Hills Specific Plan Amendment to change tand use designations from Map Code 5.2 (Residential - Maximum 16 Units Per Net Acre) to Map Code 5.3 (Residential - Maximum 10 Units Per Net Acre), from Map Code 8.5/2.5 (Resource Management/Physical Constraints-Flood Hazards) to Map Code 5.3 and from Map Code 8.4 (Resource-Mineral and Petroleum) to Map Code 5.3 on 30 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from R-H (Residential Holding) to R-1 (One-Family Dwelling) on 30 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, approving the specific plan amendment and first reading of the Ordinance. BACKGROUND: Applicant proposes to construct 101 single-family dwellings on the 30 acre subject site. Michael J. Callagy (Cornerstone Engineering) represents Marco Gaona. The existing land use designations ADMINISTRATIVE REPORT Page2 (HMR/Map Code 5.2; Map Code 8.5/2.5 and R-MP/Map Code 8.5) will allow a total of 178 dwelling units. Applicant has prepared a "hydrology" study which recommends a 60 inch storm drain to allow drainage to pass under the site. There is now a significant drainage feature which transports flows from the hills to the east through the site. The study also shows that the subject site will be designed to allow flood waters to pass through the development via streets, channels, etc., in the event the proposed pipeline becomes blocked. The study's recommendation has been incorporated into the conditions of approval. Applicant also prepared a sewer design study to quantify the sewage flow and sewerage design for the proposed development. The amount of sewage generated by this development could be carried by a four inch pipe. The study recommendation is for a six or eight inch sewer line to serve for future development to the east and west. The City's standards require an eight inch sewer pipe. Final improvement plans will be reviewed for consistency with City standards. The Planning Commission conducted public hearings on this General Plan Amendment/Specific Plan Amendment/Zone Change 03-65 on December 15 and 18, 2003 and recommended City Council approval on December 18, 2003. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED admin\feb\1165-2-11 ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Hearings TEM: 5. ~.. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 3, 2004 ///~OVED D E PARTM E N T H EA~,_..~_)'~./~ CITY ATTORNEY Y CITY MANAGER SUBJECT: General Plan Amendment/Zone Chanqe 03-1178 (Ward 4) Froehlich Construction Company has proposed a General Plan Amendment and zone changes generally located at the southeast corner of Brimhall Road and River Ranch Drive. Resolution approving the Mitigated Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (General Commemial) to LMR (Low Medium Density Residential) on 19 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-2 PCD (Regional Commercial Planned Commemial Development) to R-2 PUD (Limited Multiple-Family Dwelling Planned Unit Development) on 11.99 acres, from PCD to R-2 PUD on 6.77 acres, from PCD to C-O (Professional and Administrative Office) on 4.74 acres, PCD to C-2 on 13.80 acres and from C-2 PCD to C-2 on 4.96 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Mitigated Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: This proposal consists of three different elements, Multiple-family Residential, Office Commercial and Office, and Office Retail Commercial adjacent the south side of Brimhall Road. The applicant proposes a total of 165 "apartment" homes on the R-2 PUD 18.76 acre site. This equates to a density of 8.80 units per acre which is within the range of dwelling units per acre allowed by the LMR land use designation. A total of 234,000 square feet of "office" space is proposed. Phase I construction will be located on the requested C-O zone site and will consist of five office buildings with each building having 9,000 square feet (45,000 square feet total). Phase II will be located on the requested C-2 sites and will ADMINISTRATIVE REPORT Page2 consist of 21 "office buildings" with some retail commercial elements, with each building having 9,000 square feet (189,000 square feet total). The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change 03-1178 and recommended City Council approval on December 18, 2003. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED Admin\feb\l 178-2-11 ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 IAGENDA SECTION: Hearings ITEM: ~. G~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 21,2004 c,w AWOR.E ///3 CITY MANAGER ~ General Plan Amendment/Zone Chanqe 03-1190 (Ward # 3) Brett Dawson has proposed a General Plan and a zone change located along the east side of Morning Drive approximately 300 feet north of State Route-178 on 81.50 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 81.50 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from MH (Mobile Home) to R-1 (One-Family Dwelling) or more restrictive zoning on 81.50 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: Applicant proposes to construct approximately 230 single-family dwellings on the 81.50 acre subject site. The existing land use designation (LMR) and zoning district (MH) will allow approximately 800 mobile homes (10 units per net acre) on the 81.50 acre site. The proposed development will allow approximately three single-family dwellings per net acre. Proposed minimum lot size is 9,300 square feet. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change 03-1190 and recommended City Council approval on December 18, 2003. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED\admin\feb\1190-2-11 ADMINISTRATIVE REPORT MEETING DATE: February 11. 2004 AGENDA SECTION: Closed Session ITEM: !,~, 0~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney February 02, 2004 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(C) of Government Code section 54956,9, One (1) potential case, RECOMMENDATION: BACKGROUND: GG:Is S:~LYN'~ADMINS\CLOSED SESSION~22.04.doc February 02, 2004 ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Closed Session ITEM: ~ . b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney February 2, 2004 APPROVED DEPARTMENT HEAD CITY ATrORNEY ClTY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. SPCA, et al Kern County Superior Court Case No. S-1500-CV 251740 RJA RECOMMENDATION: BACKGROUND: GG:rks February 2, 2004, 1:24PM ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Closed Session ITEM: ~,. ~. TO: FROM: DATE: Honorable Mayor and Ci~ Council Ginny Gennaro, City Attorney February 05, 2004 APPROVED DEPARTMENTHEAD CiTY ATTORNEY CITY MANAGER SUBJECT: Conference with Labor Negotiator, William Avery, pursuant to Government Code 54957.6. Employee organizations: Fire Unit RECOMMENDATION: BACKGROUND: GG;Is S:\LYN~DMINS\CLOSED SESSlON~.204.doc February 05, 2004 ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 IAGENDA SECTION: Presentations ITEM: II. ~l,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council David Couch, Vice-May~ February 3, 2004 APPROVED DEPARTMENT HEA~_~ CITY ATTORNEY CITY MANAGER Presentation to Fire Department of radio equipment for the Hazardous Materials Paramedic Program from Liberty Ambulance. RECOMMENDATION: BACKGROUND: IMEETING DATE: ADMINISTRATIVE REPORT February 11, 2004 AGENDA SECTION: Workshops ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD January 27, 2004 CITY ATTORNEY ~ ~ CITY MANAGER f / Educational Presentation by League of California Cities Executive Director C~i.s K. McKenzie on League Activities, Protection of Local Revenues, Constitutional Amendment Efforts, and Other Current League Activities Affecting the City of Bakersfield and the State of California RECOMMENDATION: BACKGROUND: At its meeting of January 14, 2004, the City Council requested the Executive Director of the League of California Cities attend a Council meeting to educate the City Council on the various activities of the League of California Cities. The City of Bakersfield is a long-standing member of the League. Executive Director Chris McKenzie is happy to oblige the City's request to provide information at the Council meeting. As a part of his presentation, he will be presenting information on a proposed constitutional amendment to protect local revenues. JanL~ry 27, 2004, 3:35PM P:'~L&L~Admin Reports~ADM04-02-11-ChrisMcKenziePresentation.doc ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 3, 2004 SUBJECT: General Plan Amendment 02-0882 (Ward 7) David Dmohowski has proposed a General Plan Amendment located along the northwest corner of Wible Road and Hosking Road on 19.22 acres. Resolution approving the Negative Declaration and disapproving the General Plan Amendment to change land use designation from LR (Low Density Residential) to GC (General Commercial) on 19.22 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and disapproving the general plan amendment. BACKGROUND: The applicant has requested a continuance to March 10, 2004. If the City Council chooses to continue this matter rather than hear it, staff would recommend removing it from this general plan cycle and hearing it with the next cycle in May so the other cases are not held in abeyance pending final action by the City Council. Dave Dmohowski (Project Design Consultants) representing James and Barbara Gibb (property owners) proposes a general plan amendment to General Commercial to accommodate110,000 square feet of retail commercial area and 100,000 square feet of lease able office floor space. The Planning Commission conducted public hearings on General Plan Amendment/Zone Change 02-0882 and recommended City Council disapproval on December 18, 2003. During the public hearing, residents spoke in opposition to the requested General Plan Amendment/Zone Change 02-0882. In addition, 14 letters and 14 phone calls were received from residents opposed to the requested amendments. Also, the residents presented a petition, with 65 signatures, opposing the requested amendments. The only letter supporting the amendments was from the property owner. Staff recommended against this GPA/ZC because it is inconsistent with "commercial development" policies numbers 21 and 24 (Land Use Element of the Metropolitan Bakersfield General Plan; p. I1- ADMINISTRATIVE REPORT Page2 11). These policies encourage a one-half mile separation of new commercial sites from existing commercial sites and discourage "extending" commercial development along streets. There are several commercial sites within one-half mile and six commercial sites located along Wible Road. In fact, across Hosking Road is a vacant 8.40 acre commemial site. Given the general plan policies and neighborhood opposition the Planning Commission voted 7-0 to recommend its denial. The 19.22 acre project site is currently planed for residential development and could easily be developed with that land use. Neither staff nor Planning Commission could discern any extenuating circumstance that would be the basis for approval. RED Adrnin\adrnin\feb\0882-2-11 ADMINISTRATIVE REPORT MEETING DATE: February 11, 2004 AGENDA SECTION: Hearings ITEM: I~. ~. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 3, 2004 SUBJECT: General Plan AmendmentJRiverlakes Ranch Specifc Plan/Zone Chanqe No. 03-1176 (Ward 4) Kathryn McWhorter with DeWalt Corporation has proposed a General Plan Amendment, an amendment to the Riverlakes Ranch Specific Plan and a zone change on 42.89 acres located on the north side of Meany Avenue, between Coffee Road and Patton Way. Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. Resolution adopting the Negative Declaration and approving the amendment to the Riverlakes Ranch Specific Plan to change the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 42.89 acres. An Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-21 to change the zoning from R-1 (One Family Dwelling) to R-2/ P.U.D. (Limited Multiple-Family Dwelling/Planned Unit Development) on 42.89 acres. RECOMMENDATION: Staff recommends adoption of the resolutions and ordinance. BACKGROUND: The Planning Commission reviewed the general plan amendment and zone change on December 18, 2003. The project is proposing multi-family residential development (approximately 548 dwelling units) on 42.89 acres of land within the Rivertakes Ranch Specific Plan Area. The property owner is Meany Partners, LLC. In reviewing the project, the Planning Commission had concerns with adequate pedestrian access to schools and commercial development and with protecting the existing single family residences to the north. To address these issues, the Planning Commission required the PUD zone to be combined with the proposed R-2 zone, which would allow the developer to demonstrate that the project can be designed as a walkable community to schools and ADMINISTRATIVE REPORT commercial development. To protect the properties to the north, an eight (8) foot high block wall was required for the project. The applicant suggested that landscaping could provide the same level of protection as a block wall. The Planning Commission informed the applicant that the block wall is required only under the zone change and, if adequately demonstrated, would consider a landscape alternative at the preliminary site plan review stage. The PUD combining zone provides the Planning Commission with the flexibility to implement such alternative measures. Staff is recommending approval for the project. WC Admin\l 176-2-11 ADMINISTRATIVE REPORT MEETING DATE: February 11,2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 5, 2004 DEPARTMENT HEAD//~VED CITY ATTO R NEY/"~/~.//"~~ CITY MANAGER General Plan Amendment/Zone Chanae No. 03-1189 (Ward 3) AD[~eal bv San Joaouin Enoineerinq of the Planninq Commission's Conditions of Approval San Joaquin Engineering (representing Rex Martin) is proposing to designate the northern 2.6 acres of the project site for single family residential development (10,000 sq. ft. lots) and the southern 5.6 acres for suburban residential development (one acre lots). The drainage channel (1.6 acres) would remain as open space. Generally located south of Chase Avenue and East of Kern Canyon Road (State Route 184). Resolution adopting the Negative Declaration and approving the General Plan Amendment to change the land use designation from: (1) HMR (High Medium Density Residential ) to LR (Low Density Residential) on 1 acre, (2) OS (Open Space) to LR on 1.6 acres, (3) R-MP (Resource-Mineral Petroleum) to OS on .18 acres, (4) OS to SR (Suburban Residential) on .06 acres, and (5) R-MP to SR on 5.5 acres. Resolution adopting the Negative Declaration and approving the amendment to the Breckenridge Hills Specific Plan to change the Map Code designations from: (1) Map Code 5.2 (Max. 16 du/net ac.) to Map Code 5.3 (Max. 10 du/net ac.) on 1 acre, (2) Map Code 8.5/2.5 (Resource Management/Flood Hazards) to Map Code 5.3 on 1.6 acres, (3) Map Code 8.4 (Mineral & Petroleum) to Map Code 8.5/2.5 on .18 acres, (4) Map Code 8.5/2.5 to Map Code 5.4 (Max. 4 du/net ac.) on .06 acres, and (5) Map Code 8.4 to Map Code 5.4 on 5.5 acres. An Ordinance adopting the Negative Declaration and approving the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 104-20 to change the zoning from: (1) R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, (2) R-H to OS (Open Space) on 1.63 acres, and (3) R-H to R-S-lA (Residential Suburban - One Acre Minimum) on 5.65 acres. RECOMMENDATION: Staff recommends upholding the Planning Commission decision and adoption of the resolutions and give first reading to the ordinance. BACKGROUND: ADMINISTRATIVE REPORT Page2 The Planning Commission reviewed the general plan amendment and zone change on December 18, 2003. The applicant is proposing to develop the northern portion of the project site (2.6 acres) with eight single-family residential lots (over 10,000 sq. ft. in size) and the southern portion (5.6 acres) with five one acre residential lots. The property owner is Rex Martin. The applicant proposes that the area containing the open drainage channel would remain as open space. The applicant requested that the southern portion of the project site (5.6 acres), which is proposed for R-S-lA or one acre lot development, be permitted septic systems until municipal sewer service is established close enough to connect. To connect to the municipal sewer service to the north, development on the southern portion would require a sewer lift station. The City is prohibiting a sewer lift station for the project. The Planning Commission agreed with the applicant's request, subject to the following conditions: 1.) a dry sewer line must be installed, 2.) sewer hookup fees must be paid prior to issuance of building permits, and 3.) once municipal sewer service is established within 1,000 feet of the project site, all R-S-lA lots must connect to the service. These requirements were added as conditions of approval (see Condition No. 1) for the project. The R-1 lots proposed on the northern portion of the project site (2.6 acres) will connect to the existing .municipal sewer service adjacent to the north. The Planning Commission also determined that the drainage channel that traverses the project site should be piped. The purpose of this requirement is to make the proposal consistent with the adjacent project to the west (GPA/ZC 03-1165) which is proposing to pipe the drainage channel. Both GPA/ZC 03-1189 and GPA/ZC 03-1165 will be considered by the City Council during the same regularly scheduled meeting. The applicant has appealed the required conditions for the project. Various communications indicate the appellant is especially concerned about the requirement to replace the ravine with a drainage pipe to be connected to another adjacent one and the requirement to provide sewage service to a part of the development. He has proposed leaving the ditch open and have a Iow flow road (a road crossing the ditch that is passable when it is dry) go through the ditch to access the other homes. This would be an unsafe condition and should not be allowed. The requirement to install a pipe where the drainage ditch is provides for continuity of drainage with the ditch on an adjacent property. This is a higher priority "safety" issue to both children at play who could drown or get stuck in the drains and to safety of vehicles trying to traverse a ravine. In addition, the appellant has stated a desire not to install sewer lines to the development on the other side of the ravine. This again is a Health & Safety matter and cannot be allowed. The options that could be made available are: 1. The developer could build a road that bridges the ravine. 2. Another alternative could be that they not develop the homes on the south side of the ravine. 3. The third alternative would be to have access come from the south side, which would require an alternative route around the ravine on the south side. Staff recommends upholding the Planning Commission. wc Admi~1189-2-11