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HomeMy WebLinkAbout02/25/04_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA FEBRUARY 25, 2004 (Ward 3) (Ward 4) Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation & Parks Director, proclaiming March 13, 2004, as "Arbor Day". PUBLIC STATEMENTS APPOINTMENTS One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to expiration of term of Sherry Eggleston, term expired December 31, 2003. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of February 11, 2004. Payments: Approval of department payments from January 30, 2004 to February 12, 2004 in the amount of $5,637,728.26 and self insurance payments from January 30, 2004 to February 12, 2004 in the amount of $135,654.71. Ordinances: Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 104-20 from R-H (Residential-Holding) to R-1 (One Family Dwelling) 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 intersection. (Michael J. Callagy, Cornerstone Engineer) (ZC 03-1165) (First Reading 2/11/04) Adoption of Ordinance adopting the Negative Declaration and amending 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/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 42.89 acres located on the north side of Meany Avenue, between Coffee Road and Patton Way (Kathy McWorter, DeWalt Corp-Engineer/Jim Ward-Amhitect~ProBuilt-Builder) (ZC 03-1176). (First Reading 2/11/04) (Ward 4) (Ward 3) (Ward 3) (Ward 4) (Ward 1) (Ward 6) (Ward 2) (Wards 1,6) CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 102-32 from C-2 PCD (Regional Commercial 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 located along the southeast corner of Brimhall Road and River Ranch Drive. (Froelich Construction Co.) (ZC 03-1178). (First Reading 2/11/04) Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 104-20 to change the zoning from: R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, R-H to OS (Open Space) on 1.63 acres, and, R-H to R-S-lA (Residential Suburban - One Acre Minimum) on 5/65 acres south of Chase Avenue and east of Kern Canyon Road. (San Joaquin Engineering and Rex Martin) (ZC 03-1189). (First Reading 2/11/04) Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map 104-18 from MH (Mobilehome) to R-1 (One Family Dwelling) on 81.50 acres located along the east side of Morning Drive approximately 300 feet north of State Route 178. (Brett Dawson) (ZC 03-1190). (First Reading 2/11/04) Adoption 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 Ddve. (Engineer-Mclntosh and Associates/Subdivider-Michel Etchevery) (ZC 03-1279) (First Reading 2/11/04) Resolutions: Amendment No. 1 to Resolution No. 79-92 regarding the establishment of the Disability Retirement Review Committee and the Retirement Appeals Board. Resolution determining that the wet play equipment for Wayside park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $155,000.00. Resolution in support of a Statewide Ballot Initiative to require voter approval before the State Government may confiscate local tax funds. Resolution of Intention No. 1325 to add territory, Area 3-25 (Stine, McKee NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: Agreement with Bakersfield Rescue Mission Homeless Intervention Service, Inc. (HIS) for acquisition of 724 E. 21st Street. ($260,000.00 - Comm Dev Block Grant Funds) Consultant Agreement with Kenneth D. Schmidt & Associates ($49,400.00) to provide groundwater monitoring and reporting services at Wastewater Treatment Plant 2, Plant 3 and the I-5 Farm owned by the City of Los Angeles. 2 (Ward 6) (Ward 4) (Ward 3) (Ward 2) (Ward 2) (Ward 2) CONSENT CALENDAR continued Independent Contractors Agreement with Zalco Laboratories, Inc. ($40,213.00) to provide analytical testing services for a Best Practicable Treatment and Control Study (BPTC) to be done at Wastewater Treatment Plant 3. p. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with G. W. Homes for Tract 5966, Unit 2 located south of Meacham Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Centex Homes for Tract 6118, Units 1 and 2, and Off Site improvement Agreement and Landscape Agreement for Units 1 thru 5, located north of Olive Drive and west of Old Farm Road. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6185 Units 1 through 8 located west of Jewetta Avenue and north of Stockdale Highway. Final Map with ADH Corporation for Tract 6140 Phase 5 located south of State Route 58 and east of Oswell Street. q. Agreement for acquiring offsite real property interest (City in the Hills Development). Amendment No. 1 to Agreement No. CA 03-015 ($25,000.00, total contract not to exceed $50,000.00) with the law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to railroad crossings in the City. Amendment No. 1 to Agreement No. RP04-002 with Kern High School Distdct (not to exceed $30,000.00) for use of Silver Creek and Jastro Pools. Amendment No. 4 to Agreement No. 97-283 with HTE, Inc. for refund ($4,900.00) of licensed software. Amendment No. 1 to Agreement No. 03-188 with Rick Maharrey dba Kern County Slow-Pitch Softball for additional services. Bids: Miscellaneous: Appropriate $30,000.00 Park Improvement Fund Balance to the Capital Improvement Budget for construction of landscaping improvement next to the Convention and Visitors Bureau. Authorize settlement of claim ($65,436.97) by Jim Burke Ford for damages from failure of Carrier Canal Culvert at 19th and Oak Streets. Staff recommends adoption of Consent Calendar items a through w. (Ward 5) (Ward 4) (Ward 4) CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting General Plan Amendment 03-1192; Appeal by Old River Road, LLC. of the Planning Commission's denial of their request to amend the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-iA (Intensive Agriculture) to LR (Low Density Residential) and a Zone Change from A (Agriculture) to R-1 (One Family Dwelling) on 77.80 acres located along the south side of Panama Lane and the east side of Old River Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from A to R-1. Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment, and give first reading to ordinance. General Plan AmendmentJZone Change 03-1155; The City, representing Jessie Mendoza (property owner) has proposed a General Plan Amendment and amendment to the ordinance for property located generally along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven Avenue. Resolution adopting the Negative Declaration and the General Plan Amendment to change land use designation from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25. Staff recommends adoption of the resolution and give first reading to ordinance. General Plan AmendmentJSpecific Plan Line No. 03-1171; Castle and Cooke California, Inc. has proposed to amend the Circulation Element of the Metropolitan Bakersfield General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, between Stockdale Highway and Pacheco Road. A Specific Plan Line to establish 210 feet of planned right-of-way for the same realigned segment of the West Beltway is proposed as well. Resolution adopting the Negative Declaration and the General Plan Amendment to amend the Circulation Element of the General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. Resolution adopting the Negative Declaration and a Specific Line Plan, pursuant to Chapter 17.55 of the Municipal Code, to establish 210 feet of planned right-of-way for the segment of the West Beltway realigned under GPA 03-1171, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. Staff recommends adoption of the resolutions. 4 (Ward 4) (Ward 4) (5min) CONSENT CALENDAR HEARINGS continued General Plan Amendment/Riverlakes Ranch Specific Plan Amendment 03-1175; Michael Dhanens, Architect, has proposed a General Plan Amendment and a Riverlakes Ranch Specific Plan Amendment on 4.48 acres, located generally west of Riverlakes Drive, north of Links Drive. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres. Resolution approving the Negative Declaration and denying the Riverlakes Ranch Specific Plan Amendment consisting of changes to the land use designation from OS- P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres and from OS (Open Space) to R-1 (Single Family Dwelling) zone on 4.48 acres and to omit any reference to the park site at the location. Staff recommends adoption of the resolutions approving the Negative Declaration, denying the General Plan Amendment and the Rivedakes Ranch Specific Plan Amendment. General Plan Amendment/Zone Change 03-1228; Madno and Associates has proposed a General Plan Amendment and an ordinance amendment and the cancellation of a Land Conservation contract for 80 acres, located generally west of Allen Road, south of Kratzmeyer Road to Reina Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. Resolution making findings and approving the cancellation of the Land Conservation Contract (Williamson Act) on 80 acres (Government Code 51282). Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, the cancellation of the Land Conservation Contract and give first reading to the ordinance. WORKSHOP Touch Screen Voting Machines. (Presented by Ann Barnett, Kern County Auditor-Control/er-County Clerk) After a brief oral presentation Council will adjourn to Closed Session and will have the opportunity to use the touch screen voting machine set up in the lobby prior to attending closed session. CLOSED SESSION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). 5 RECONVENED MEETING - 7:00 p.m. 9. ROLL CALL 10. INVOCATION by Pastor Larry Dotson, Panama Baptist Church. 11. PLEDGE OF ALLEGIANCE by Xavier Harris, 3"d Grade Student at Bessie Owens School. 12. CLOSED SESSION ACTION 13. PRESENTATIONS - see additional items at 5:15 pm portion of meeting Presentation by Mayor Hall of Proclamation to Gloria Delgado, Project Assistant for Environmental Strategies on Inhalant Abuse at Clinica Sierra Vista, proclaiming March, 2004, as "inhalant Prevention Awareness Month". 14. PUBLIC STATEMENTS 1 5. CONSENT CALEN DAR- for those Consent matters listed but not heard at 5:15 pm portion of meeting 1 6. HEARINGS - Council may also hear Consent hearing items listed but not heard at 5:15 pm portion of meeting. (Ward 5) Continued Public Hearing to consider the appeal by Sierra Club regarding Revised Tentative Tract Map 6169 (Engineer-Porter Robertson/Subdivider-McMillan Albany, LLC). Resolution denying the appeal from the Sierra Club, adopting the addendum to the Negative Declaration, upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road. Staff recommends adopting the resolution denying the appeal, adopting the addendum to the Negative Declaration, upholding the decision of the Planning Commission and approving Revised Vesting Tentative Tract Map 6169. 17. COUNCIL AND MAYOR STATEMENTS 18. ADJOURNMENT Respectfully submitted, pi 2/19104 12:13 pm B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN W. STINSON, ASSISTANT CITY MANAGER /~/ THROUGH: ALAN TANDY, CITY MANAGER /// SUBJECT: AGENDA HIGHLIGHTS - FEBRUARY 25, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. There will be one appointment to the North Bakersfield Recreation and Park District Board of Directors due to the expiration of term of Sherry Eggleston. CONSENTCALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 3j. Resolution Determininq that the Wet Play Equipment for Wayside Park Cannot be Obtained Throuah the Usual Biddina Procedures. Authorizina the Finance Director to Disoense with Biddina. in an amount not to exceed $155,000. Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of wet play parks equipment that meets all playground safety regulations. Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex. In addition, Miracle provides for double the manufacturer's warranties on all Water Treatment System components including pumps, filters etc. After evaluation of other wet play equipment manufacturers, staff is recommending Vortex equipment be used for this and future wet play parks. Miracle has the technical expertise to support all Vortex equipment, thus providing support to our limited Parks Department maintenance staff. This equipment will be funded by HUD Community Development Block Grants by Amendment at the March 10, 2004 Council Meeting and will be included in the 2003/2004 Capital Improvement Projects budget. Item 3k. Resolution in Suooort of Statewide Ballot Initiative to Require Voter Aooroval before State Government May Confiscate Local Tax Funds. With the adoption of the FY 2003-04 State Budget, the Governor and legislators confiscated local VLF backfill and redevelopment property tax funds in addition to the millions of dollars of ERAF already seized. It is clear that this system will continue unless voters limit the power of the Governor and legislators to do so. Research conducted by the League of California Cities indicates voters would support an initiative that requires voter approval before the State government can confiscate local tax funds. This Resolution is 3rovided at the request of Council and lends support to such an initiative. Agenda Highlights February 25, 2004 Page 2 Item 3m. Aareement with Bakersfield Rescue Mission Homeless Intervention Service, Inc. (HIS) for Acauisition of 724 E. 21'" Street. ($260.000 - CDBG Funds). In April, 2003, the Council approved the FY 2003-04 Action Plan, which included an allocation of CDBG funds to rehabilitate and expand the food services building on Bakersfield Rescue Mission's (BRM) campus at 830 Beale Avenue. Afterwards, BRM became aware of the possibility of acquiring a nearby facility that has an adequate commercial kitchen, and space for dining and emergency overnight shelter. The cost to expand and rehabilitate the old kitchen and dining facility was estimated to be $626,000; however, the cost to acquire an existing facility is approximately $300,000; half the cost. Some minor rehabilitation may be required at the new location. This agreement will grant up to $260,000 in FY 2003-04 CDBG funds to HiS to purchase the roe ocated ~t . . . . p p rty at 724 E 21 Street, which s the Salvation Army budd ng. To avoid any potential conf ct with HUD's prohibition against funding projects for primarily religious organizations, BRM formed a new nonprofit, HIS, to receive federal funds and operate the facility. A CUP approving this usage was obtained in December of 2003. Escrow on the property should close within 60 days of approval of this agreement. Item 3q. Aqreement for Acquisition of Offsite Real Property Interest ("City in the Hills" Development). GPA P99-0647 requires the developer, Mountain View Bravo, LLC, to improve certain property in northeast Bakersfield offsite from its project. This project is approximately 694 acres and is located north of SR178, west of Masterson Lane, south of Paladino Drive, and approximately one mile east of Morning Drive. Because of resistance from the offsite property owner, the developer needs the assistance from the City to acquire the property. This agreement is the first step towards accomplishing that. The developer will pay all costs of acquisition, including outside counsel fees, land costs, court costs, and other items. There will be no cost to the City. Item 3s. Amendment No. I to Aqreement No. RP04-002 with Kern Hiqh School District (KHSD) for Uso of Silver Creek and Jastro Pools. In January, 2004, the City entered into an agreement with KHSD to used Silver Creek and Jastro Park pools for their competitive swim program from February 2, 2004 through May 16, 2004. The agreement called fro KHSD to pay $40 per scheduled hour for each pool. After the agreement was executed, Jastro Park pool was identified as one to be closed. KHSD then asked to lease the pools for the same time period. This agreement provides that KHSD will pay all costs associated with operations, maintenance, repair, and labor for Jastro Park pool, and wilt continue to use Silver Creek pool for a fee of $40 per scheduled hour, for a lease amount not to exceed $30,000 payable to the City. Miscellaneous: Item 3v. Appropriate $30,000 Park Improvement Fund Balance to the Capital Improvement Budqet for Construction of Landscapina Improvement Next to the Convention and Visitors Bureau. This area is located in front of the Amtrak Station, next to the Convention and Visitors Bureau. Funds are available in the Park Improvement Fund for this purpose. Item3w. Authorize Settlement of Claim by Jim Burke Ford for Damaqes from Failure of Carrier Canal Culvert at 19t~ and Oak Streets. On October 30, 2003, the Jim Burke Ford dealership suffered vehicle, electrical and property damage. Their computed expenses for these damages, plus a small amount for future loss, total $65,436.97. This is a reasonable claim from the sinkhole incident. Agenda Highlights February 25, 2004 Page 3 Consent Calendar Hearinqs: Item 6a. AoDeal by Old River Road, LLC. of the Planninq Commission's Denial of Their Request tn Amend the Land Use Element of the General Plan on 77.80 Acres Located Alonq the South Side of Panama Lane and the East Side of Old River Road. The request to amend the land use designation and the zoning district would allow the applicant to develop 290 single-family dwellings. The Planning Commission, by vote of 5 - 2, disapproved the amendment. Apparently, the Commission needs to be briefed on City Council goals which encourage annexation since that results in the best planned and designed neighborhoods, as opposed to non sewered severed growth that occurs in the County. This is the second error of this nature they have made recently. The first was overturned by a unanimous vote of Council at the last meeting. Staff recommends approval of the amendment and overturning the decision of the Commission because the property is adjacent to developing properties and would be a contiguous extension of urban growth within the City's service area. It should also be noted that the site is located within the City's Sphere of Influence, most of the property is designated and zoned for urban land uses, and the property owners have requested annexation. Item 6b. Proposal by the City, ReDresentina Jessie Mendoza (orooertv owner), of a General Plan Amendment and Amendment to the Ordinance for Property Located Generally Alona the West Side of Jewetta Avenue. Approximately 700 feet south of Birchhaven Avenue. This amendment would permit the development of single-family residential units on the 4.77 acre site. The owner wishes to receive City services and has agreed to annexation. The Planning Commission conducted public hearing(s) on this GPA/ZC and recommends Council approval. No one was in opposition to the request and the property owner agreed to all conditions and mitigation for the project. Item 6c. Castle and Cooke California, Inc. Proooses to Amend the Circulation Element of the General Plan to Realiqn a Portion of the West Beltway, Approximately One-half Mile West of its Current Aliqnment, between Stockdale Hiahwav and Pacheco Road. The purpose of the proposal is to realign a portion of the circulation system for future development in the subject area. The proposed Specific Plan Line would establish 210 feet of planned right-of-way for the realigned segment of the West Beltway. The project's impacts on archaeological and biological resources have been adequately mitigated under the proposal. Most of the project is located within the unincorporated area; however the portion that traverses the Kern River Primary Flood Plain is located within the City. The proposed realignment traverses the same land use designations as does the existing subject alignment. No existing residences, active oil wells, or other structures would be impacted by the proposal. The proposed realignment traverses the property of two property owners that are not signatories to the project application. The applicant sent both property owners a certified letter indicating the purpose of the proposed realignment and how the project would impact their property. The Planning Commission did not receive any correspondence from either of the two subject property owners. The County of Kern did not submit any correspondence that objected to the project. Item 6d. Michael Dhanens, Architect, Proposes a General Plan Amendment and a Riverlakes Ranch Soecific Plan Amendment on 4.48 Acres, Located Generally West of Riverlakes Drive, North of Links Drive. This amendment to the General Plan would permit the development of single-family residential units on the 4.48 acre park site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change and recommended that the City Council deny the request. Staff also recommends denial. The loss of a park site at this location is an irreparable impact to this neighborhood. The applicant offered no recreational off-set for the loss of this facility. The Planning Commission vote was 6-1 to deny the request with the dissenting vote due to the lack of information/justification from the applicant as to the request. conditions and mitigation for the project. Agenda Highlights February 25, 2004 Page 4 The applicant did agree to all Item 16e. Marino and Associates Proposes a General Plan Amendment and an Ordinance Amendment and the Cancellation of a Land Conservation Contract for 80 acres1 Located Generally West of Alle, Road, South of Kratzmeyer Road to Reina Road. This amendment would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this GPA/ZC and recommends City Council approval. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. WORKSHOP Ann Barnett, Kern County Auditor-Controller-County Clerk, will give a brief oral presentation on the new touch screen voting machines that will be used in upcoming elections. After this presentation, CoUncil will have the opportunity to use the touch screen voting machine set up in the lobby prior to attending Closed Session. CLOSED SESSION The performance evaluation of the City Manager will be discussed. CONTINUATION OF REGULAR MEETING - 7:00 p.m HEARINGS Council may also hear Consent Calendar Hearing items listed but not heard at the 5:15 portion of the meeting. Item 16a. Continued Public Hearinq to Consider the Appeal by Sierra Club reqardinq Revised Tentativn Tract Map 6169 (Enqineer-Porter Robertson/Subdivider-McMillan Albany, LLC). This item was continued from the January 28, 2004 Council meeting. The Sierra Club filed an appeal objecting to the Planning Commission's approval and requested an Environmental Impact Report (EIR) be prepared. It is the standard Sierra Club objection that has unfortunately become the norm. Staff recommends the appeal be denied, and uphold the decision of the Planning Commission to approve the project. AT:JWS:al cc: Department Heads City Clerk's Office News Media File MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING FEBRUARY 11, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard (arrived at 5:22 p.m.), Hanson, Sullivan (arrived at 5:22 p.m.), Salvaggio Absent: None PRESENTATIONS a. 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". PUBLIC STATEMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of meeting of the January 28, 2004. Payment: 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. ACTION TAKEN Bakersfield, California February 11,2004 - Page 2 CONSENT CALENDAR continued Ordinances: 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. (GPNZC 03-1073) Resolutions: 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. 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. 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. ACTION TAKEN ORD 4170 RES 025-04 RES 026-04 RES 027-04 RES 028-04 RES02~ AGR 04-025 Bakersfield, California February 11, 2004 - Page 3 CONSENT CALENDAR continued 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 Bakemfield Blitz Arena Football Expansion Team. Amendment No. 1 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. ACTION TAKEN DEED 6048 AGR 04.026 DEED 6049 AGR 04-027 AGR 03-070(1) AGR 04-028 o Bakersfield, California February 11, 2004 - Page 4 CONSENT CALENDAR continued Accept bid to award contract to Bowman Asphalt, Inc. ($138,117.72) for Safe Route to School Improvements on Belle Terrace and Texas Streets. Wastewater Treatment Plant No. 2, Effluent Storage Improvements: Accept bid to award contract to Whitaker Contractors Inc. ($1,840,396.00). 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). Motion by Vice. Mayor Couch to adopt Consent Calendar items 4.a through 4. r., with corrections to 4.k. CONSENT CALENDAR HEARINGS - Items heard at 7:00 p.m. portion of meeting. Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change 03-1279. (Engineer- Mclntosh & Associates/Subdivider-Michel Etcheverry). 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. ACTION TAKEN AGR 04-029 A GR 03-030 APPROVED AB MAGGARD, SULLIVAN FR Bakersfield, California February 11,2004 - Page 5 CONSENT CALENDAR HEARINGS continued 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 (Resource - 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. ACTION TAKEN RES 030-04 RES 031-04 FR Bakersfield, California February 11, 2004 - Page 6 CONSENT CALENDAR HEARINGS continued 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 Commercial 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. 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. ACTION TAKEN RES 032-04 FR RES 033-04 FR Bakersfield, California February 11,2004 - Page 7 5. CONSENT CALENDAR HEARINGS continued Hearings opened at 5:22 p.m. No one spoke. Hearings closed at 5:23 p.m. Motion by Vice-Mayor Couch to adopt staff recommendations on Consent Calendar Hearings items 5.a. through 5.d. 6. CLOSED SESSION a. 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. b. Conference with Legal Counsel - Existing Litigation. Closed session pursuant to subdivision (a) of Government Code Section 54956.9 City v. SPCA, et al. c. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6. Employee Organization: Fire Motion by Vice-Mayor Couch to recess to Closed Session at 5:25 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:00 p.m. RECONVENED MEETING - 7:15 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Ken Noel, Victory Chapel. NATIONAL ANTHEM sung by Marisa Johnson, 10~h Grade Student and, Maria Johnson, 11th Grade Student at Valley Oaks Charter School. ACTION TAKEN APPROVED APPROVED APPROVED 10. 11. 12. Bakersfield, California February 11, 2004 - Page 8 CLOSED SESSION ACTION 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 City Council, by a vote of 6-1, with Councilmember Carson in opposition, has agreed to modify the existing MOU between the City and the Fire Unit, concerning staffing levels as it relates to opening of Fire Station 15. Vice-Mayor Couch expressed appreciation to Fire Chief Fraze, Mr. Maybry of the fire fighters union, and members of the BFLAG board for flexibility in facilitation of staffing the new fire station. PRESENTATIONS City Manager Tandy announced Florn Core would be replacing Gene Bogart as Water Resources Manager. Presentation to Fire Department of radio equipment for the Hazardous Materials Paramedic Program from Liberty Ambulance. Fire Chief Fraze accepted the radio equipment from Mr. Castigleoni of Liberty Ambulance on behalf of the City. 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. Mr. McKenzie introduced Catherine Medina, League of California Cities Regional Representative for the area including Bakersfield, made a computer presentation and provided handouts. ACTION TAKEN DIREC~ON TO ~TYATTORNEY NOREPORTABLE ACTION APPROVED NS CARSON 12. 13. 14. 15. Bakersfield, California February 11, 2004 - Page 9 WORKSHOP continued Item 12.a. continued Councilmember Salvaggio requested information regarding cities that have commenced employee layoffs. Councilmember Maggard requested Council consider a Resolution supporting passage of a constitutional amendment to protect local revenues as proposed by the League of California Cities. Recess taken from 8:28 to 8:38 p.m. PUBLIC STATEMENTS None. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. None. HEARINGS a. 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. Correspondence was received from Jim and Robin Tabangcora, David and Gloria Palinsky, as well as one petition with forty signatures opposing the proposed General Plan Amendment. Staff comments by Development Services Director Hardisty. Hearing opened at 8:41 p.m. David Dmohowski spoke in opposition to the staff recommendation and requested a continuance on behalf of the applicants James and Barbara Gibb. ACTION TAKEN RES 034-04 15. Bakersfield, California February 11, 2004 - Page 10 HEARINGS continued Item 15.a. continued John Hughes, David Palinsky, Martin Martinez, Scott Denny spoke in support of the staff recommendation. And Michael Robison, who presented written material, spoke in favor of the staff recommendation Hearing closed at 9:01 p.m. Motion by Councilmember Salvaggio to adopt the Negative Declaration and disapprove the General Plan Amendment. General Plan Amendment/Riverlakes 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 comments by Development Services Director Hardisty. Hearing opened at 9:15 p.m. Michael Page spoke in opposition to the staff recommendation. ACTION TAKEN APPROVED RES 035-04 RES 036-04 FR 15. Bakersfield, California February 11, 2004 - Page 11 HEARINGS continued Item 15.b. continued Jeff Gutierrez, DeWalt Corporation, and Jim Ward spoke in favor of the staff recommendation. Hearing closed at 9:30 p.m. ACTION TAKEN Vice. Mayor Couch requested the record reflect his request, that the Planning Commission, at Site Plan Review, consider the following: No buildings or parking spaces in the landscaped strip along the north edge of the property along the street · Streets constructed with the use of the parcel maps · No build zone within a 134 feet · Meany Partners to maintain the landscaped strip · Reconsider the height of the fence Motion by Vice-Mayor Couch to adopt the Resolutions and give first reading to the Ordinance. 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. APPROVED RES 037-04 15. Bakersfield, California February 11, 2004 - Page 12 HEARINGS continued Item 15.c. continued 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 acres, (2) Map Code 8.5/2.5 (Resource ManagementJFIood 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 comments by Development Services Director Hardisty. Hearing opened at 9:44 p.m. Bret Dawson, San Joaquin Engineering, spoke on behalf of the applicant, Rex Martin, in support of the staff recommendation. Hearing closed at 9:46 p.m. Councilmember Maggard requested the record reflect that San Joaquin Engineering and the City had agreed to the following: · Culvert built in concrete to meet City standards · Ravine maintenance to be determined · Sewer Lift station to be built Motion by Councilmember Maggard to adopt the Resolution upholding the Planning Commission decision, give first reading to the ordinance and include the Site Review process ACTION TAKEN RES 038.04 FR APPROVED Bakersfield, California February 11, 2004 - Page 13 16. MAYOR AND COUNCIL STATEMENTS ACTION TAKEN Councilmember Maggard thanked Development Services Director Hardisty and City Attorney Gennaro, for conceiving a plan to enable more citizen input regarding development in the Rio Bravo neighborhood. Councilmember Maggard requested the City Manager provide an update regarding use of a million dollar grant to hire eight new Police Officers and the potential for a new police academy. City Manager Tandy responded. Councilmember Maggard requested an update regarding use of CDBG funds to hire police officers and firemen. City Manager Tandy responded. Councilmember Maggard commended Councilmember Carson for urging Council to pursue alternative funding soumes. Councilmember Hanson thanked the Public Works Director for completing the project at Ming and Ashe. Councilmember Hanson made comments regarding the Grand Jury Report and information contained therein pertaining to road repair. Councilmember Hanson commended Alan Christiansen and staff for improvement in appearance of Maintenance Districts. Councilmember Hanson requested staff investigate the use of storage containers on a vacant lot, south of White Lane near Mountain Vista near Tevis Ranch to assure they are in compliance with Code. Councilmember Benham requested staff assure the citizen responsible for a previous referral regarding animal control, be provided staff response information. 16. Bakersfield, California February 11,2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham provided citizen telephone contact information and requested staff respond. Councilmember Benham requested staff determine if a citizen concern regarding fireworks sales be appropriately addressed by the Legislation and Litigation Committee and make the citizen aware of the determination. Councilmember Benham noted the Downtown Business Association is celebrating their 50th Anniversary this year, and complimented the organization for their efforts on behalf of the community. Councilmember Salvaggio requested Water Department staff respond to an email from Karen Sweeney regarding the Lake Ming Bike Path Extension. Councilmember Salvaggio thanked Public Works staff for responding to Mr. Quirate and the sewer problem on Planz Road. Councilmember Salvaggio thanked Code Enforcement, Anti-Graffiti and Streets for their efforts. Councilmember Salvaggio thanked the Police Department for on-going enforcement regarding off-road vehicles on vacant land on So. H Street at Berkshire and Hosking, Councilmember Salvaggio requested staff respond to a citizen concern regarding the intersection at Fremont Street and Wilson Road. Bus stops on both sides of the street and a library creates a potentially dangerous situation due to the lack of traffic control; staff to investigate ways to make pedestrians safer, stop signs, crosswalk, etc. Additionally the section of Fremont on the north side of Wilson needs patching; staff to determine if resurfacing is warranted and if so, add to the project list. Councilmember Sullivan made comments regarding the 50th anniversary of the Downtown Business Association and commended the organization for service provided the community. Councilmember Sullivan requested staff investigate and site unlicenced street corner vendors at White Lane and Wible Road. ACTION TAKEN t6. Bakersfield, California February 11, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan announced the County has offered to demonstrate new voting machines and requested a workshop at the next Council meeting. Councilmember Sullivan welcomed Florn Core as the Water Resources Manager. Councilmember Sullivan requested Public Works repair a pothole on eastbound White Lane, located in the left hand turn lane, into northbound Ashe Road. Councilmember Carson provided a flyer and requested Police investigate a possible funding source provided by the National Center for Missing and Exploited Children. Councilmember Carson requested information regarding criteria for transferring funds. City Manager Tandy responded. Councilmember Carson requested staff provide information regarding criteria for transferring funds within the budget. Include explanation of why transfers are done, history within the organization and any additional information that will clearly demonstrate this process. Vice-Mayor Couch requested staff respond to a letter from Mr. McArthur at NOR and inform him of Council action regarding the issue in question. Vice-Mayor Couch provided Fresno County Ordinance information regarding parking on the street and requested staff review the information. Vice. Mayor Couch thanked Public Works Director Rojas for information provided in a memo regarding preemption and priority equipment and coordination with Golden Empire Transit; additionally requested a status update and requested staff continue efforts to obtain necessary information. Mayor Hall congratulated City Manager Tandy on appointing Florn Corn as Water Resources Manager, and Florn Core on his appointment as Water Resources Manager. Mayor Hall wished the ladies present a Happy Valentine's Day. ACTION TAKEN 16. Bakersfield, California February 11,2004 - Page 16 ADJOURNMENT Mayor Hall adjourned the meeting at 10:16 p.m. ACTION TAKEN MAYOR ~the CiW ~ Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT IMEETING DATE: February 25, 2004 AGENDA SECTION: Presentations ITEM: o~. 0... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 12, 2004 DEPARTMENT HEA ED.~'~i~J~ ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation & Parks Director, City of Bakersfield Recreation & Parks Department, proclaiming March 13, 2004, as ~Arbor Day". RECOMMENDATION: BACKGROUND: ndw February 17, 2004, 3:03PM S:'uMAYOR',ADMIN~ARBOR DAY 04.dot ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Appointments ITEM: H. ~.,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk November 25, 2003 APPROVED DEPARTMENT HEAB~ ~ ClW^ OR.E¥. C MANAGER One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to the expiration of term of Sherry Eggleston, whose term expired December 31, 2003. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Board of Directors of the North Bakersfield Recreation and Park District due to the expiration of term of Sherry Eggleston, whose term expired December 31, 2003. The news release was posted January 14, 2004. An application for appointment has been received from the following: · Jake Sweeny A copy of Mr. Sweeny's application is provided for your information. The five member District Board has the responsibility of providing the Distdct with clearly defined goals and objectives in support of its mission; to provide and maintain an adequate program of recreation activities and a system of areas and facilities designed to support them; and to establish rules and regulations governing internal organization and operation. City appointments are nominated and appointed by the full Council, and must be a resident of the City throughout their four-year term. Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405 Galaxy Avenue. S:~Bds&Comm\NBR&Ptadmin 2004.dot ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 Honorable Mayor and City Council Pamela McCarthy, City Clerk February 12, 2004 TO: FROM: DATE: SUBJECT: IAGENDA SECTION: Consent Calendar ITEM ~. 0~, APPROVED DEPARTMENT HEA~ CITY ATTORNEY CITY MANAGER ~/~ Approval of minutes of the February 11, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT M~-t:iiNG DATE: February 25, 2004 AGENDA SECTION: Consent Calendar ITEM: ~'. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director APPROVED DEPARTMENT HEAD February 12, 2004 CITY ATTORNE~ ~/~''~ Approval of department payments from January 30, 2004 to February 12, 2004 in the amount of $5,637,728.26 and self insurance payments from January 30, 2004 to February 12, 2004 in the amount of $135,654.71 RECOMMENDATION: Staff recommends approval of payments totaling $5,773,382.97 BACKGROUND: klg February 12, 2004, 10:46AM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent ITEM: _5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 12, 2004 DEPARTMENT HED~ CITY ATTORNEY / CITY MANAGER An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 104-20 from R-H (Residential- Holding) to R-1 (One Family Dwelling) 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 intersection (Michael J. Callagy, Cornerstone, Eng.) (ZC 03-1165) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: This item was given first reading at the February 11, 2004 City Council meeting. This zone change would permit single family residential development. The applicant has agreed to all conditions and mitigation for the project. The Planning Commission recommended approval of General Plan Amendment/Zone Change 03- 1165 on December 18, 2003. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on November 28, 2003, in accordance with CEQA. RED Admim\1165-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent ITEM: ~.~. C(.,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 12, 2004 DEPARTMENT HF~D .~PPROVED An Ordinance adopting a Negative Declaration and amending 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 located on the north side of Meany Avenue, between Coffee Road and Patton Way (Kathy McWorter of DeWalt Corporation - engineer; Jim Ward - architect; ProBuilt - builder) (ZC 03-1176). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on February 11, 2004. The requested zone change (ZC 03-1176) was proposed in conjunction with GPA 03-1176, which the City Council adopted on February 11, 2004. The City Council also adopted Conditions of Approval/Mitigation Measures which are provided in Exhibit C of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. WC AdmiW1176-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent ITEM: .5', C, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 12, 2004 .//.~PROVED DEPARTMENT HE~"~. A OR. / C, MA.AGER An Ordinanco adoptin~ tho ~o~ativo 17 of tho Bakorsfiold Municipal Godo and Zonin~ Map 102-32 from G-2 ~G~ (~o~ional Commorcial ~lannod Gommorcial Dovolopmont) to ~-2 ~HD (Umitod ~ultiplo-Fam~ly Dwollino ~lanaod 0nit ~ovolopmont) on 11.~0 acros, from ~G~ to ~-2 ~HD on ~.77 acros, from ~GD to ¢-O (~mfossional and ~dministmtivo Offico) on 4.74 acros, ~GD to G-2 on 13.80 acros and from G-2 ~GD 1o 0-2 on 4.0~ acros Iocatod alon~ lbo southoasI cornor of Bdmhall ~oad and 8ivor ~anch ~dvo (Froohlich Gonst. Go) (ZG 0~-1178). (Ward ~ 4 ) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: This item was given first reading at the February 11,2004 City Council meeting. This zone change would permit the development of commercial, offices and multiple-family development. The attached ordinance includes conditions placed on the project at the City Council hearing first reading of November 20, 2003. The applicant has agreed to all conditions and mitigation for the project. The Planning Commission recommended approval of General Plan AmendmenVZone Change 03~ 1178 on December 18, 2003. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on November 20, 2003, in accordance with CEQA. RED Admim\1178-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent ITEM: ~. -~r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council EAD~ ;P,,FIOVED Development Services - Planning DEPARTMENT . February 12, 2004 CITY ATTORNE,~' ////~::,~ / /, CITY MANAGER An Ordinance adopting a Negative Declaration and amending 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 south of Chase Avenue and east of Kern Canyon Road (San Joaquin Eng. and Rex Martin) (ZC 03- 1189). (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on February 11, 2004. The requested zone change (ZC 03-1189) was proposed in conjunction with GPA 03-1189, which the City Council adopted on February 11, 2004. The City Council also adopted Conditions of Approval which are provided in Exhibit C of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. wc Admin\l 189-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ...-"~APP~IOVED Development Services- Planning DEPARTMENT HE/~D ~ .~_ February 12, 2004 CITY A'I'I'ORNEY./~/ "//J~ , CITY MANAGER ~ An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 104-18 from MH (Mobilehome) to R- 1 (One Family Dwelling) on 81.50 acres located along the east side of Morning Drive approximately 300 feet north of State Route 178 (Brett Dawson) (ZC 03-1190). (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: This item was given first reading at the February 11, 2004 City Council meeting. This zone change would permit single family residential development. The attached ordinance includes conditions placed on the project at the City Council hearing first reading of February 11, 2004. The applicant has agreed to all conditions and mitigation for the project. The Planning Commission recommended approval of General Plan Amendment/Zone Change 03- 1178 on December 18, 2003. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on November 13, 2003, in accordance with CEQA. RED Admim\1190-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Consent TEM: 5. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~ /~-~pROVED Development Services- Planning DEPARTMENT~.iEAD~ February 12, 2004 CITY ATrORN"~'-~ -~' c,TY MA.A R 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 (Engineer - Mclntosh and Associates/ Subdivider - Michael Etchevery) (ZC 03-1279). (Ward 4). RECOMMENDA~ON: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on February 11, 2004. The Metropolitan Bakersfield land use designation is Suburban Residential. The request 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 applicant appealed the Planning Commission's decision and the City Council approved the proposed zoning on February 11, 2004. 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. MO Admin\1279-2-25 MEETING DATE: February 25, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 12, 2004 APPROVED DEPARTME.T HEAD ~'~ CITY ATTORNEY ~"~ . CITY MANAGER~ An Resolution Amending the Establishment of the Disability Retirement Review Committee Under Resolution No. 79-92 and the Retirement Appeals Board. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Staff recommends a change to the makeup of the Disability Retirement Review Committee to include the Human Resources Division and therefore desires the City Council amend Resolution No. 79-92, to delete the City Attorney representative and add the Human Resources representative. February 12, 2004, 8:25AM S:\COU NClL~Admins\DisRetReviewCommAmd Reso.doc ADMINISTRATIVE REPORT DATE: February 25, 2004 AGENDA SECTION ITEM: 5~.[. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 12, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY Resolution determining that the wet play equipment for Wayside Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $155,000. (Ward 1) RECOMMENDATION: Staff recommends adoption of Resolution BACKGROUND Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of wet play parks equipment that meet all playground safety regulations including ASTM F 1487 (American Society for Testing and Materials). Vortex equipment is 100% stainless steel with replaceable brass nozzles for long life. All hardware is vandal and tamper resistant and all hardware, anchors bolts and accessories are stainless steel. Vortex offers the longest warranty in the industry wth 25 years on a features. All surfaces are polished stainless steel finish for ease of maintenance and graffiti removal. All Vortex structures are non-climbable. Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex "Splashpads" for Southern California, Arizona and Nevada. Miracle has more splashpads designed and installed than all other vendors combined in Southern California. Miracle offers the only manufacturer designed, supplied and supported water treatment system to be approved by Clark County Nevada, Los Angeles County, San Bernardino County and Riverside County Departments of Health. In addition Miracle provides for double the manufacturer's warranties on all Water Treatment System components including pumps, filters etc. After evaluation of other wet play equipment manufacturers, staff is recommending Vortex equipment be used for this and future wet play parks. Miracle has the technical expertise to support all Vortex equipment, thus providing support to our limited Parks Department maintenance personnel. This equipment will be funded by HUD community development block grants by Amendment at the March 10, 2004 Council Meeting and will be included in the 2003/2004 Capital Improvement Projects budget. February 12, 2004, 1:13PM G:\GROUPOAT~ADMINRPT~2004\02-25\Resolution for direct purchase of Vortex equipment.doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Consent Calendar ITEM: 5. ~.. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: February 17, 2004 CITY ATTORNEY CITY MANAGER' SUBJECT: Resolution in Support of a Statewide Ballot Initiative to Require Voter Approval before State Government May Confiscate Local Tax Funds RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: With the adoption of the FY 2003-2004 State Budget the Governor and Legislators confiscated local vehicle license fee backfill and redevelopment property tax funds in addition to the millions of dollars of city property tax funds (ERAF) already seized. The adopted budget assumes the State will continue to face an ongoing structural budget deficit of at least $8 billion, which puts local government financial resources at risk in future years. It seems clear that State leaders will continue to use local tax funds to balance the State budget unless the voters limit the power of the Legislature and Governor to do so. Research conducted by the League indicates voters would support an initiative that requires voter approval before the State government can confiscate local tax funds. The Board of Directors of the League of California Cities has voted unanimously to sponsor a statewide ballot initiative to empower the voters to limit the ability of State government to confiscate local tax funds to fund State government. A political action committee, know as ClTIPAC, has been established by the League Board to raise private funds to finance part of the cost of such a ballot campaign. The League is encouraging City Councils to adopt similar resolutions in support of a ballot initiative as well as encouraging City Officials and others to dedicate personal time to campaign to secure voter approval. Per City Council's request, the attached resolution is submitted for review and adoption. Adoption of this resolution lends support to a campaign to provide the voters of California the power to reestablish limitations on the power of the Legislature and Governor to seize local tax funds that finance vital local services. February 18, 2004, 10:I7AM S:\LYN~ADMIN S\COUNClL\Ba~lot Initiative2-25-O4.doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. L. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 6, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER AP,PROVED Resolution of Intention No. 1325 to add territory, Area 3-25 (Stine, M~;~'ee N~)'to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6178 and Tract No. 6227, to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3- 25 (Stine, McKee NE), to the Consolidated Maintenance District. Area 3-25 is generally bounded by a line 1318 feet north of McKee Road on the north, a line 1982 feet east of Stine Road on the east, McKee Road on the south and Stine Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received two letters from the owner of the property described above which waive 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 two Proposition 218 ballots indicating his consent to the assessments. In order to provide future properly owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. February 6, 2004, 10:59AM S:\PROJECTS\MAINDIST~ADMIN RPT~MD3-25Ri04,dot ADMINISTRATIVE REPORT j MEETING DATE: February 25, 2004 I AGENDA SECTION: Consent Calendar ITEM: ,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 10, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement with Bakersfield Rescue Mission Homeless Intervention Service, Inc. (H.I.S.) for acquisition of 724 E. 21s" Street in the amount of $260,000 of Community Development Block Grant funds. (Ward 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: On April 30, 2003, City Council approved FY 2003-04 Action Plan. The Action Plan included an allocation of CDBG funds to rehabilitate and expand the food services building on Bakersfield Rescue Mission's (BRM) campus at 830 Beale Avenue. Afterwards, BRM became aware of the possibility of acquiring a nearby facility that has an adequate commercial kitchen, and space for dining and emergency overnight shelter. The cost to expand and rehabilitate the old kitchen and dining facility was estimated to be $625,000; however, the cost to acquire an existing facility is approximately $300,000, half the cost. Some minor rehabilitation may be required at the new location. BRM determined and staff agreed that it would be more feasible to purchase the nearby facility, than to expand and rehabilitate the existing kitchen at twice the cost. This agreement will grant up to $260,000 in FY 2003-04 CDBG funds to H.I.S. to purchase the Salvation Army building, located at 724 E. 21st Street. To avoid any potential conflict with HUD's prohibition against funding projects for primarily religious organizations, BRM formed a new nonprofit, Homeless Intervention Services, Inc. (H.I.S.), to receive federal funds and operate the facility. H.i.S. will use the site to prepare and serve food for the more than 500 persons per day they serve, and house up to 60 homeless persons. A conditional use permit approving this usage was obtained in December of 2003. The Bakersfield Rescue Mission's H.I.S. inc., will also operate the other BRM programs, such as, emergency shelter to more than 150 persons each night, a residency shelter program for 15-20 women, a residency shelter program for approximately 75 men, meal services for needy persons and families, after school youth programs, an employment readiness center, a thrift store and clothing distribution center, and an automobile restoration and sales program. Escrow on the 724 E. 21st Street property should close within 60 days of approval of this agreement. S:~Admins\City Council\HIS BRM building acqu.doc 2/10/2004 8:10 AM MEETING DATE: February 25, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar IITEM ',~. r'l. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 10, 2004 APPROVED DEPARTMENT HEAD CITY A'ri'ORNEY CITY MANAG ER~'"~(/~ Consultant Agreement with Kenneth D. Schmidt & Associates ($49,400) to provide groundwater monitoring and reporting services at Wastewater Treatment Plant 2, Plant 3, and the I-5 Farm owned by the City of Los Angeles. (Wards 1 and 6): RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The discharge permits for Wastewater Plants 2 and 3 require the City to monitor and report on the condition of the groundwater beneath Plant 2 and Plant 3. In addition, the City has agreed to do the monitoring and reporting for the I-5 Farm which is owned by the City of Los Angeles. City staff conducted a qualifications based selection process to select a professional firm to conduct this work. On December 22, 2003, two proposals were received for this two year contract, each from well qualified local consulting firms: Kenneth D. Schmidt and Associates 3701 Pegasus Drive, Suite 112 Bakersfield, CA 93308 In the amount of $49,400 BSk and Associates 117 "V" Street Bakersfield, CA 93304 In the amount of $64,600 No appropriations are necessary since this agreement will be funded by the operations and maintenance budget. DGW@WWTP February 10, 2004, 4:42PM G:~GROUPDAT~ADMINRPT~.~004\02-25~Kenneth D Schrnicit and Assoc. doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Consent Calendar ITEM: ..~. O, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 10, 2004 DEPARTMENT HEAD.. ~OVED CITY A'FrORNE,¥ ~ CITY MANAGE R~'/~.~/~. Independent Contractors Agreement with Zalco Laboratories Inc. ($40,213) to provide analytical testing services for a Best Practicable Treatment and Control Study (BPTC) to be done at Wastewater Treatment Plant 3. (Wards 6): RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The discharge permits for Wastewater Plants 3 require the City to perform a BPTC analysis of the unit processes at Plant 3. This analysis will require an extensive amount of laboratory work which must be sent out to a licensed and certified lab. The City issued a Request for Proposals (RFP) in November, 2003 and On December 16, 2003, four proposals were received. Two proposals were disqualified as non-responsive because the firms did not follow the instructions provided in the RFP. Two responsive proposals were received, each from well qualified laboratory analytical firms: Zalco Laboratories Inc. 4309 Armour Ave Bakersfield, CA 93308 In the amount of $40,213 , APPL Inc. 4203 West Swift Fresno, CA 93722 In the amount of $40,950 No appropriations are necessary since this agreement. The appropriation for the BPTC work has already been made. DGW@WWTP February 10, 2004, 4:44PM G:~GROUPDAT'~ADMINRPT~004\02-25~Zalco Agreement doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent Calendar ITEM: .~. p. r TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raut M Rojas, Public Works Director February 9, 2004 Tract Maps and Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Final Map and Improvement Agreement with G. W. Homes for Tract 5966 Unit 2 located south of Meacham Road and west of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Centex Homes for Tract 6118 Units land 2, and Off Site Improvement Agreement and Landscape Agreement for Units 1 thru 5, located north of Olive Drive and west of Old Farm Road. (ward 4) Final Map and Improvement Agreements with Castle & Cooke Califomia, Inc., for Tract 6185 Units 1 Thru 8 located west of Jewetta Avenue and north of Stockdale Highway. (Ward 4) Final Map with ADH Corporation for Tract 6140 Phase 5 located south of State Route 58 and east of Oswell Street. (Ward 4) 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 February 9, 2004, 11:17AM G:\GROUPDAT~ADMINRPT~2004\02-25\MAP AND IMPROVEMENT AGR.do( ADMINISTRATIVE REPORT MEt: lING DATE: TO: FROM: DATE: February 25, 2004 SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 17, 2004 AGENDA SECTION: Consent Calendar ITEM: DEPARTMENT HEAD CITY A'rrORNEY. CITY MANAGER APPROVED Approval of Agreement for Acquiring Offsite Real Property Interest ("City In The Hills" Development) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: In the City's General Plan Amendment P99-0647, the Developer (Mountain View Bravo, LLC) is required to improve certain property in northeast Bakersfield offsite from its project (approximately 694 acres located north of State Route 178, west of Masterson Lane, south of Paladino Drive, and approximately one mile east of Morning Drive). Because of resistance from the offsite property owner, Developer needs the assistance of the City of Bakersfield to acquire the property. This contract is the first step in the City assisting the Developer in acquiring the necessary property to comply with the General Plan conditions. The Developer will promise to pay all costs of acquisition, including outside counsel fees, land costs, court costs and other items. This assistance to the Developer should cost the City nothing, and Developer is aware that all the fees and costs must be paid by the Developer. City is preparing Exhibit "A," the property description. Developer has agreed to the terms in all other respects. VG:ADD:Isc S :\COU N CIL~Admins\CitylnThe HillsPropAcqAgmt.dot Februar~ 17, 2004, 3:22PM ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Consent Calendar ITEM: .,~. t'"o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director February 18, 2004 AJ:~I~ROVED DEPARTMENT HEAD CITY ATTORNEy CITY MANAGER/"~_~ Amendment No. 1 to Agreement No. CA 03-015 in an amount of $25,000 (total contract not to exceed $50,000) with law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to railroad crossings in the City of Bakersfield. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On or about March of 2002 the Public Works Department submitted applications to the California Public Utilities Commission ("PUC") for Akers Road, Harris Road, Mountain Vista Drive, and Old River Road for at-grade railroad crossings. In spite of extensive efforts by the Public Works Department, the applications were not being processed. The San Joaquin Valley Railroad had sent a letter to the City objecting to the crossings and basically requesting that the City pay One Million Dollars to the railroad so they could install additional track for switching purposes. Apparently, because of communications from the railroad to the staff of the PUC, the city's applications were not processed. Finally, on January 7, 2003, the Rail Crossing Engineering Section of the PUC submitted a protest to the City's applications, and included a Motion for Leave to File a Late Protest. The PUC staff stated the requested crossings were "unnecessary and unsafe" because (1) there were alternative crossings very near, (2) the application failed to address non-crossing alternatives and (3) the City did not provide sufficient information and data to support its conclusion that a grade separation was "not practicable." The City filed an opposition to the PUC's Motion for Leave to File a Late Protest on January 22, 2003. Through our outside counsel, Colin Pearce, the City made contact with staff counsel for the Rail's Crossing Section and the City supplied additional information including lengthy correspondence to address the issues raised by the PUC protest. The PUC staff again took the position that the City had not submitted sufficient information and used two PUC decisions, City of San Mateo (1982) 8 CPUC2d 57s and a 2002 decision regarding the Los Angeles to Pasadena Metro Blue Line (decision 02-05-047) against the City. After a close reading of these two cases the City decided they were not applicable to the four at- grade crossings requested by the City. Februar~ 18, 2004, 8:47AM ADMINISTRATIVE REPORT After exhaustive efforts with the PUC staff, the City of Bakersfield had made little progress; therefore, Colin Pearce made a formal request for a hearing to move forward on these four at-grade crossings. On November 12, 2003, Administrative Law Judge Kenneth L. Koss entered his decision in favor of the City of Bakersfield in which the PUC staff's Motion for Leave to File Late Protest was denied. The Administrative Law Judge stated that a hearing would not be anticipated in this proceeding. A pre-hearing conference was set for December 3, 2003 in the Commission Hearing Room in San Francisco. The City of Bakersfield has expended significant efforts over the past few months to obtain these four at-grade crossings. These crossings represent a vital segment to traffic circulation. The PUC staff position requiring a separation of grade at these crossings could have cost the City of Bakersfield in excess of Twenty Million Dollars and significantly delay development in these areas. At the pre-hearing conference on December 3, 2003, the Administrative Law Judge stated the purpose of the hearing was simply to determine if the City complied with rules of procedure in its application and for him and others to ask any technical questions about the City's application. The Administrative Law Judge emphasized that this was not an evidentiary hearing. The Administrative Law Judge requested that the City prepare a single map showing all existing, proposed, and proposed to be eliminated railroad crossings. The map was to be submitted on or before December 15, 2003. Colin Pearce has represented the City's interests well. He repeatedly emphasized that the railroads had failed to submit timely protests to the City's applications and urged PUC approval of the four at-grade railroad crossing applications. The requested map and additional information was submitted by the City of Bakersfield in support of applications for the four at-grade railroad crossings in a timely fashion. However, a ruling by the Administrative Law Judge has not been received at this date in time. After several appearances before the PUC, including the pre-hearing conference, along with the preparation and submission of various documents in support of the City's applications to the PUC, it is recommended that the Attorney Retainer Agreement with Duane Morris be amended to read "in an amount not to exceed $50,000," to cover the costs associated with the applications. S:\COU NClL~Admins~,ttyRetaine rAg rAmendl .DuaneMordsRR.dot February 18, 2004, 8:35AM ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Consent ITEM: ~. E~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Chdstensen, Recreation & Parks Director February 9, 2004 APPROVED DEPARTMENT HEAD ,//'~ CITY ATTORNEY CITY MANAGER ,~~ Amendment No. I to Agreement No. RP04-002 with the Kern High School District setting rates for use of Jastro Pool and Silver Creek Pool (Ward 2). RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: On January 12, 2004, the City entered into an agreement with the Kern High School District (KHSD) to use Silver Creek and Jastro Park Pools for their competitive swim program from February 2, 2004 through May 16, 2004. The agreement called for KHSD to pay the City a fee of $40 per scheduled hour for each pool. After this agreement was executed, Jastro Park Pool was identified as one of the pools to be closed immediately for the 2004 season. The KHSD recently requested to lease Jastro Pool for their use and pay all labor and operational costs from February 2, 2004 through May 16, 2004, The amended agreement outlines the parameters in which the KHSD will continue to use Jastro Park and Silver Creek Pools. KHSD will pay all costs associated with operations, maintenance, repair, and labor for Jastro Park Pool. The City will bill KHSD for all labor and material costs associated with the maintenance of the facility during the lease period. Jastro Park Pool is in good condition and requires no major capital repairs at this time. The KHSD will continue to use Silver Creek Pool for a fee of $40 per scheduled hour. The amended agreement calls for KHSD to pay the City a lease amount not to exceed $30,000. C:\Documents and Settings~achriste. BAKERSFIELD\Desktop~Jastro Pool Lease KHSD Admin - 2-25-04.doc 2/18/2004: rlj ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent Calendar ITEM: ~', 4. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager February 10, 2004 APPROVED DEPARTMENT HEAD_ CITY A'I-rORNEY ~ Amendment No. 4 to Agreement No. 97-283 with HTE, Inc. for Refund of Licensed Software in the amount of $4,900.00 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In 1997 the City purchased Software modules that would provide solutions for the Development Services Department including Building Permits, Planning & Zoning, Code Enforcement and Click2Gov. The Click2Gov application is the software that provides the public the ability to request certain type of services (Building Permits, Utility Bills, Park Facility Reservations and Recreation Program Registration) over the internet and pay for those services through the internet without having to come to Cityhall or Development Services building to pay in person. Subsequent to the purchase of the Click2Gov applications, HTE discontinued the ParcSoft Recreation and Parks module, including the Click2Gov portion and replaced it with a product from Vermont Systems called RecTrac. The City has since contracted with Vermont Systems to provide the applications for Facility Reservations, Recreation Program Registration and Point-of-Sale services which are being used at the new Ice Rink facility and by the Recreation and Parks Department for class registrations. This Amendment provides for the City to receive a refund of the original cost of the Parcsoft Click2Gov Module in the amount of $4,900.00, which will then be applied to the equivalent product from Vermont Systems. It is anticipated that the Vermont Systems module, called WebTrac, will cost the same amount ($4,900) as the amount being refunded, plus installation and training. February 9, 2004, 4:07PM S:\BUDGET~Bud2003-04~Agenda Items~Admin for Amendment 4 for HTE Agmt 97~283.doc ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 I ITEM: ~, AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: ,APPROVED Honorable Mayor and City Council DEPARTMENT HEAD. Alan Christensen, Director Recreation and Parks CITY ATTORNEY ~' F ebrua Amendment to Agreement No. 03-188 for additional services between the City and Rick Maharrey dba Kern County Slow-Pitch Softball. RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: On June 25, 2003, the City entered into an Agreement (#03-188) with Rick Maharrey dba Kern County Slow-Pitch Softball to provide umpire services for men's and women's softball games. The City conducts three leagues per year and has over 200 participants in each league. The Kern County Slow-Pitch Softball Organization is paid $18 per game for umpires for a total annual amount of $50,400. This Amendment to Agreement #03-188 is requesting additional services to be provided by the Kern County Slow-Pitch Softball Organization. In the past, several full-time and part-time City staff coordinated and ran the softball program. Part-time positions have since been eliminated and a Program Coordinator recently left the City for other employment and the position has not been frozen. Staff is proposing to contract with Kern Slow-Pitch to coordinate the program. They will work with a recreation supervisor to evaluate teams, conduct manager's meetings, manage scorecards and trophies, answer participant questions, and assess problems. Payment for these services will be in the amount of $2,000 per league with total not to exceed $8,000. The original agreement amount is not to exceed $60,000 and the additional work provided by Kern Slow- Pitch would be included in that amount. This agreement is necessary to keep the softball program going given current staff shortages. The softball program generates approximately $80,000 in registration fees annually to the City. The cost of the agreement is offset by the fees generated by the program. SI February 17, 2004, 4:56PM C:\Documents and SettJn§s\achdste\Desktop~Admin for amndmt [o agrr Kern County Sic Pitch - 2004.doc ADMINISTRATIVE REPORT MEETING DATE: February 25. 2004 DA SECTION: Consent TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Recreation & Parks Director February 12, 2004 APPROVED DEPARTMENT HEAD ./~,~ CITY ATTORNEY' ,~'~ CITY MANAGER Appropriate $30,000 Park Improvement Fund Balance in the Capital Improvement Budget for construction of landscaping improvements next to the Convention and Visitors Bureau (Ward 2). RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: City staff is recommending the appropriation for installation of landscaping and other improvements for a 10,000 square foot park area at the southeast corner of "S" Street and Truxtun Avenue. This area is located in front of the Amtrak Station and next to the Convention and Visitors Bureau. Funds are available in the Park Improvement Fund for this purpose. C:~Documents and Settings\achriste\Local Settings\Temp~Amtrak-CVB Park Admin 2-25-04.doc 2/13/2004: rlj ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, co. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD ~ February 19, 2004 CITY ATTORNEY ~ Authorize settlement of claim of Jim Burke Ford for damages from failure of Carrier Canal Culvert at 19th and Oak Streets. RECOMMENDATION: Staff recommends acceptance of and authorization for settlement of the $65,436.97 claim from Jim Burke Ford. BACKGROUND: On October 30, 2003, the parking lot at the Jim Burke Ford dealership on Oak Street collapsed due to a failure of a City pipeline crossing under the lot. Jim Burke Ford suffered vehicle damage, electrical damage, and the flower beds and a large portion of their parking lot fell into the hole created by the pipeline failure. Jim Burke has computed its expenses for the collapse and has presented these expenses in its claim for $65,436.97. The claim is well documented with invoices and copies of payments. Estimates therein for some small amount of future loss are reasonable. Jim Burke Ford is not claiming for certain business interruption losses and other possible expenses in an effort to work with the City in its time of financial hardship. Staff wishes to commend Jim Burke Ford for its community-minded decision and for its professionalism in documenting the claim and communicating with the City Risk Manager during the claims process. February 19, 2004, 11:06AM S:\COUNClL~Admins~Jim BurkeFord.doc MEETING DATE: February 25, 2004 ADMINISTRATIVE REPORT ! AGENDA SECTION: Hearings ITEM: ~. ¢,,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 17, 2004 General Plan Amendment 03-11 APPROVED DEPARTMENT H~%~7~, Appeal by Old River Road, LLC. (represented by Robert Lusich, CE) of the Planning Commission's denial of their request to amend the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) and a zone change from A (Agriculture) to R-1 (One Family Dwelling) on 77.80 acres located along the south side of Panama Lane and the east side of Old River Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from A o R-I. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, adopting the General Plan Amendment and first reading of the Ordinance. BACKGROUND: The request to amend the land use designation and the zoning district would allow the applicant, Old River Road, LLC., to develop 290 single-family dwellings on 77.80 acres which equates to 3.70 lots per acre with an average lot size of 11,733 square feet. Staff recommended approval of this application. The Planning Commission conducted a public hearing on the General Plan Amendment on December 18, 2003 and a motion to disapprove the amendment passed by a five to two vote. The Commission felt that the amendment was premature for this area, approval would set a precedent of prematurely converting prime agricultural land to urban land uses, adequate land is available for urban development, and the City does not have the resources to extend services to this area. ADMINISTRATIVE REPORT Page 2 The Lusich Company, on behalf of Old River Road, LLC., filed an appeal of the Planning Commission recommendation with the City Clerk on December 23, 2003. Applicant has requested annexation of the 77.80 acre site to the City of Bakersfield. The site is located within the City's Sphere of Influence. Services can be provided by the City of Bakersfield. All of the property located between Pacheco Road, Panama Lane, Progress Road and Old River Road is designated and zoned for urban land uses except for approximately 160 acres (i.e. residential and commercial). Between Progress Road and Gosford Road, land is designated for urban land uses (i.e. industrial and commercial). Subject site is within the southern and western expansion pattern of the City and the property owners have requested annexation. Staff recommended approval of the requested General Plan Amendment and Zone Change because it is adjacent to developing properties and it would be a contiguous extension of urban growth within the city's service area. Staff conducted an initial study and determined that the project would not have a significant effect of the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on November 18, 2003. RED Admin\feb\1192-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 IAGENDA SECTION: Hearings ITEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 12, 2004 General Plan Amendment/Zone Chanqe 03-115~ .//~ ~pPROVED DEPARTMENT HEAD ~ .... CITY ATFORNE~ CITY MANAGER ,~~ (Ward 4) The City of Bakersfield representing the properly owner (Jessie Mendoza) has proposed a General Plan Amendment and an ordinance amendment, located generally along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven Avenue. Resolution adopting the Negative Declaration and the General Plan Amendment to change land use designation from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 ft. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units on the 4.77 acre site. The owner wishes to receive city services and has agreed to annexation. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on December 18, 2003. No one was in opposition to the request and the property owner agreed to all conditions and mitigation for the project. 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 October 30, 2003, in accordance with CEQA. MO Admin\feb\l 155-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Hearings I ITEM ~. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning DEPARTMENT HI,AD ._~, February 12, 2004 CITY ATI'ORNE'~-~ CITY MANAGER General Plan AmendmenFSpecific Plan Line No. 03-1171 (Ward 4) Castle and Cooke California, Inc. has proposed to amend the Circulation Element of the Metropolitan Bakersfield General Plan to realign a potion of the West Bel~ay, approximately one- half mile west of its current alignment, be~een Stockdale Highway and Pacheco Road. A Specific Plan Line to establish 210 feet of planned right-of-way for the same realigned segment of the West Bel~ay is proposed as well. Resolution adopting the Negative Declaration and the General Plan Amendment to amend the Circulation Element of the Metropolitan Bakersfield General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. Resolution adopting the Negative Declaration and a Specific Plan Line, pursuant to Chapter 17.55 of the Ordinance Code, to establish 210 feet of planned right-of-way for the segment of the West Beltway realigned under GPA 03-1171, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The Planning Commission reviewed the proposed circulation amendment and specific plan line on December 18, 2003. The purpose of the proposal is to realign a portion of the circulation system for future development in the subject area. The proposed Specific Plan Line would establish 210 feet of planned right-of-way for the realigned segment of the West Beltway. The project's impacts on archaeological and biological resources has been adequately mitigated under the proposal. Most of the project is located within the unincorporated area. The portion that traverses the Kern River Primary Flood Plain is located within the City of Bakersfield. The proposed realignment traverses the same land use designations as does the existing subject alignment. No existing residences, active oil wells, or other structures would be impacted by the proposal. As with the existing West Beltway alignment, the proposal would traverse Stockdale Highway, Cross Valley ADMINISTRATIVE REPORT Page 2 Canal, Kern River Primary Flood Plain, a portion of the City's 2800 acre groundwater recharge area, and the Kern River Canal. Currently, the Circulation Element of the Metropolitan Bakersfield General Plan designates the West Beltway from Seventh Standard Road to Taft Highway (SR 119). No portion of the existing alignment has been developed within the City of Bakersfield or Kern County. The proposed realignment traverses the property of two property owners that are not signatories to the project application. One of the properties is located on the north side of Stockdale Highway, at the northern end of the proposed realignment. The other properties are located along the southern portion of the proposed realignment. On November 5, 2003, the applicant sent both property owners a certified letter indicating the purpose of the proposed realignment and how the project would impact their property. The Planning Commission did not receive any correspondence from the two subject property owners. The County of Kern did not submit any correspondence that objected to the project. WC Admin\1171-2.25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 17, 2004 SUBJECT: AGENDA SECTION: Hearings ITEM: 4, (~" DEPARTMENT HEA~ CITY ATTORNEY Ci'f~MANAGER~t~ General Plan Amendment/Riverlakes Ranch Specific Plan Amendment 03-1175 (Ward 4). Michael Dhanens Architect has proposed a General Plan Amendment and a Riverlakes Ranch Specific Plan Amendment on 4.48 acres, located generally west of Riverlakes Drive, north of Links Drive. Resolution approving the Negative Declaration and denying the General Plan Amendment to change land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres. Resolution approving the Negative Declaration and denying the Riverlakes Ranch Specific Plan Amendment consisting of changes to the land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 4.48 acres and from OS (Open Space) to R-1 (Single Family Dwelling) zone on 4.48 acres and to omit any reference to the park-site at the location. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, denying the general plan amendment and the Rivedakes Ranch Specific Plan Amendment. BACKGROUND: This amendment to the general plan would permit the development of single family residential units on the 4.48 acre park site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Riverlakes Ranch Specific Plan Amendment/Zone Change and recommended City Council fo deny the request at their December 19, 2003 meeting. Staff recommended denial of the case. The RiverLakes Ranch Master Association also opposed this amendment. The loss of a private park site at this location is an irreparable impact to this neighborhood. The applicant offered no recreational off-set for the loss of this facility. The Planning Commission vote was 6-1 to deny the request with the dissenting vote was due to the lack of information/justification from the applicant as to the request. The applicant did agree to all conditions and mitigation for the project. 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 November 21,2003, in accordance with CEQA. MO/Admin\feb\l 175-2~25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Hearings ITEM: ~, ~... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 20, 2004 DEPARTMENT HEAD/ /~"'~~, CiTY ATFORNEY~L'-"¢~--- CITY MANAGER General Plan Amendment/Zone Chanqe 03-1228 (Ward 4) Marino and Associates has proposed a General Plan Amendment and an ordinance amendment and the cancellation of a Land Conservation contract for 80 acres, located generally west of Allen Road, south of Kratzmeyer Road to Reina Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resourceolntensive Agriculture) to LR (Low Density Residential) on 80 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80 acres. Resolution making findings and approving the cancellation of the Land Conservation Contract (Williamson Act) on 80 acres (Government Code 51282). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, the cancellation of the Land Conservation Contract and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on December 18, 2003. No one was in opposition to the request and the applicant agreed to afl conditions and mitigation for the project. 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 November 14, 2003, in accordance with CEQA. MO/Admin\feb\1228-2-25 ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk February 18, 2004 SUBJECT: Touch Screen Voting Machines. County Clerk) .SECTION: Workshop 0~. APPROVED DEPARTMENTH~AD~__.)_...~ CITY ATTORNEY.,. CITY MANAGER (Presented by Ann Barnett, Kern County Auditor-Control/er- RECOMMENDATION: BACKGROUND: Ann Barnett, Kern County Auditor-Controller-County Clerk, will give a brief oral presentation on the new touch screen voting machines that will be used in upcoming elections. After this presentation Council will adjourn to Closed Session and will have the opportunity to use the touch screen voting machine set up in the Iobby prior to attending closed session. ADMINISTRATIVE REPORT IMEETING DATE: February 25, 2004 I ITEM: ~. 0~. AGENDA SECTION: Closed Session TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney February 13, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Public Employee Performance Evaluation - City Manager Closed Session pursuant to Government Code Section 54957 (b)(1). RECOMMENDATION: BACKGROUND: GG:Is S:\LYN~,DMINS\CLOSED SESSION~2504.doc February 13, 2004 ADMINISTRATIVE REPORT M~-~-TING DATE: February 25, 2004 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 12, 2004 ,1~PROVED DEPARTMENT H EAD../~ ATTORNEY ,--1 Presentation by Mayor Hall of Proclamation to Gloria Delgado, Project Assistant for Environmental Strategies on Inhalant Abuse at Clinica Sierra Vista, proclaiming March, 2004, as "Inhalant Prevention Awareness Month". RECOMMENDATION: BACKGROUND: ndw February 12, 2004, 2:09PM S:\MAYOR~ADMIN\INHALANT PREVENTION AWARENESS MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: February 25, 2004 AGENDA SECTION: Hearings ITEM: I(J'. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 12, 2004 DEPARTMENT HEAD/ CITY ATrORNE~, ClTY MANAGEF~ ED Resolution denying the appeal from the Sierra Club, adopting the Addendum to the Negative Declaration, upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road (Engineer - Porter-Robertson / Subdivider- McMillan Albany, L.L.C.) (Ward,fi). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, adopting the Addendum to the Negative Declaration, upholding the decision of the Planning Commission and approving Revised Vesting Tentative Tract Map 6169. BACKGROUND: This Item was continued from the January 28, 2004 Council meeting. On November 20, 2003, the Planning Commission adopted Resolution No. 160-03 approving Revised Vesting Tentative Tract Map 6169 with conditions. Revised Vesting Tentative Tract 6169 is located north of Panama Lane, south of Harris Road (extended), east of Old River Road and consists of 347 lots for single family residential purposes, a sump lot and a lot for future development on 87.81 acres zoned R-1 (One Family Dwelling) and C-1 (Neighborhood Commercial). The engineer is Porter-Robertson and the subdivider is McMillan Albany, L.L.C. The Planning Commission determined that a previous Negative Declaration, approved for the original approval of Tract 6169 on April 21, 2003, was adequate for and pertinent to Revised Vesting Tentative Tract 6169. The changes made to the original map were not substantial and amounted to minor changes in street design and minor changes in lot sizes. An addendum has been prepared to address the changes and is recommended for adoption by the Council (Background Attachment #1). The original subdivision was approved by the Planning Commission contained 329 lots for single family residential purposes, 1 sump lot, 1 non-buildable lot and 1 lot for future commercial development of 97.35 acres zoned R-1 and C-1 located on the north side of Panama Lane and east side of Old River Road. Large and small size lots were intermixed throughout the tract and ADMINISTRATIVE REPORT Page 2 "paddle" cul-de-sacs are utilized in street design. The original subdivision and the revised subdivision are consistent with the General Plan and zoning for this area. As explained in the Addendum, the developer proposes to slightly modify the lay-out of the original subdivision to accommodate grouping of larger lots together and smaller lots together, and to eliminate use of paddle cul-de-sacs in favor of standard cul-de-sac design. As a result of these proposed changes, an additional 18 single family residential lots would be created. No other changes to the original subdivision are proposed. The Sierra Club filed an appeal objecting to the Planning Commission's approval of Revised Tract 6169 and requesting an Environmental Impact Report (EIR) be prepared (Background Attachment 3). The Sierra Club's letter of appeal states that conversion of prime farmland, cumulative impacts to air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion that the recent General Plan Update EIR contains little specific information on cumulative impacts. The Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts. This project is consistent with the development density established by the existing zoning and adopted Metropolitan Bakersfield General Plan, for which an Environmental Impact Report (EIR) was certified on December 11, 2002~ There are no significant impacts which are peculiar to this project or parcel which were not considered in the General Plan EIR. There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the EIR prepared for the General Plan. In addition, the project was reviewed in the Negative Declaration adopted for the original subdivision in April 2003, and found to have less than significant environmental impacts. CEQA Section 21166, CEQA Guidelines Section 15162 and applicable case law provide that where prior environmental review has been completed for a project, no additional environmental review can be required for changes to the approved project unless specified conditions exist. In accordance with the CEQA Guidelines, Section 15162, staff has reviewed the proposed revisions to the project and found that none of the conditions that would require preparation of a subsequent or supplemental EIR or negative declaration are present. The proposed changes are not substantial and do not significantly alter the potential impacts of the project. There is no evidence that shows the changes would result in new significant environmental effects, an increase in severity of previously identified significant effects, or that there are feasible mitigation measures now available to reduce significant effects. Therefore, pursuant to CEQA Guidelines Section 15164, an addendum to the adopted Negative Declaration was prepared to address the minor differences in the project as originally proposed and the revised map. This addendum is included in the background materials as "Background Attachment 1". The Sierra Club's appeal assertion that cumulative air quality impacts were inadequately assessed for this project is incorrect. First, there is no evidence that the air quality impacts of the revised project will be substantially different from or significantly higher than those of the original project. The San Joaquin Valley Air Pollution Control District (APCD) has adopted "Guidelines for Assessing and Mitigating Air Quality Impacts" to establish consistent methodology for evaluating project impacts from development projects. The guidelines contain thresholds for determination of a project's significance. An Air Quality Impact Analysis was performed for Revised Tentative Tract 6169. The Air Quality Study determined that the project's air quality impact, including its cumulative air quality impact, is insignificant. This Air Quality Study and Insight Environmental ADMINISTRATIVE REPORT Page 3 Consultant's January 28, 2004 letter responding to the Sierra Club's comments (Background Attachment 4), support the conclusion that the project's air quality impacts will not be significant, as previously determined in the Negative Declaration adopted for the original subdivision. Cumulative impacts for the existing residential land uses of the project site were also evaluated with the recently completed General Plan Update EIR. CEQA Guidelines 15064(i)(3) states: "A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements that will avoid or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan, integrated waste management plan) within the geographic area in which the project is located." The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA Section 15064(i)(3), this project's cumulative impacts are considered insignificant. No further study is needed. The potential traffic impacts from this project have also been adequately assessed. The revisions to the project would contribute a small amount of additional trips - an additional 173 trips, which is approximately a 5 % increase over previously assessed traffic impacts, were found to be insignificant. This would not result in any new adverse impacts because the increase in traffic projected by the proposed subdivision will not impact these streets to a level of service below LOS "C" (The established threshold for determination of the significance of traffic impacts). The traffic generated by the proposed subdivision would not reduce the LOS for these streets below LOS "A". Each subdivision is required to construct improvements along all major streets to full width, plus pay into the Regional Transportation Impact Fee program. This program pays for regional mitigation for all necessary major street widenings with buildout of the general plan. Therefore, this project is contributing it's "fair share" toward cumulative mitigation improvements. In addition, with respect to cumulative traffic impacts, an independent analysis was performed with the adoption of the Regional Transportation impact Fee (RTIF), which accounts for development of this site under the current Low Density Residential land use designation. The RTIF program adoption process included public review and comment on the traffic analysis methodology as well as the fee amount. Many transportation options were considered to address buildout of the Metropolitan Bakersfield General Plan prior to arriving at the improvement list supported by the RTIF program. This development will pay the fair share of needed mitigation based upon the RTIF program. The RTIF program includes extension of Old River Road and Panama Lane. Because this project would be consistent with the allowable density of the general plan which was evaluated in the RTIF program, no further analysis is necessary. In response to the Sierra Club's comments on prime agriculture conversion, in addition to the Negative Declaration for this project which found such impacts to be less than significant, the conversion of farmland to urban uses was also discussed in the Metropolitan Bakersfield General Plan Final EIR, which adopted a "Statement of Overriding Considerations" regarding the conversion of prime farmland. The General Plan identified areas planned for urban development, including the project site, and stated that implementation of the General Plan will contribute to the conversion of prime farmlands to urban use, and will result in a reduction of the regional agricultural economy. However, less than 40 acres of the subject site has been used in recent seasonal agricultural production. Because the project involves less than 100 acres of land used for agricultural purposes, the impacts are considered to be less than significant. In any event, the impacts of the revised project are identical to those of the original project with respect to ADMINISTRATIVE REPORT Page4 agricultural resources. Therefore, there is no basis under CEQA Guidelines Section 15162 for requiring additional environmental review with respect to this impact area. Conclusion. Staff recommends the appeal be denied, adoption of the addendum to the Negative Declaration and upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169 with conditions as shown on the attached resolution. LP Admin/6169.2-25