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