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HomeMy WebLinkAbout03/24/04_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MARCH 24, 2004 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. WORKSHOP (5 min) (10 min) 3. 4. (Ward 4) (Wards 2,4,6) (Ward4) Keep Bakersfield Beautiful Committee - Great American Cleanup (StaffpresentationbySal Moretti, Superintendent of Solid Waste) Update on the Restoration Status of the Fox Theater Foundation (Presentation by Jim Whitehead, Chairman of the Board, Fox Theater Foundation) PUBLIC STATEMENTS CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of March 10, 2004. Payments: Approval of department payments from February 27, 2004 to March 11, 2004 in the amount of $7,571,783.56 and self insurance payments from February 27, 2004 to March 11,2004 in the amount of $241,759.25. Ordinances: First Reading of Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-36) of Title 17 of the Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46 acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north of Stockdale Highway. (Engineer: Mclntosh and Associates/Developer: Castle & Cooke) (ZC 03-1246) First Reading of Ordinance adding Chapter 9.23 to the Municipal Code relating to the assessment of second response costs for loud or unruly events. Adoption of Ordinance amending Municipal Code Sections 1.12.020, 1.12.040 and 1.12.060 by adding Annexation No. 443 located (1) west of Jewetta Avenue approximately 700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard Street to Wards 2 & 4, and Annexation No. 445 located between Ashe Road and Gosford Road, generally north of McCutchen Road to Ward 6. (First Reading 3/I0/04) Adoption of Ordinance amending Title 17 of the Municipal Code concerning official Zone Map No. 102-19 changing the zone district from a PCD (Planned Commercial Development) zone to a revised PCD zone on 0.50 acres, and from a C-2 (Regional Commercial) zone to a PCD zone on 1.8 acres to construct a 59,325 sq. ft. expansion to an existing mini storage facility at 3201 Calloway Drive. (Jim Marino representing Derrel's Mini Storage) (ZC 03-1361 ) (First Reading 3/10/04) 4. CONSENT CALENDAR continued (Ward 2) (Ward 4) (Ward 4) (Wards 4,5) (Ward 5) (Ward 4) Resolutions: Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2004-05 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. Agmemen~: Transportation Impact Fee Agreement with Stonecreek Partners, Inc. (estimated impact fee credit-S57,394.00) for Tract 6124 located on Wible Road north of McKee Road. Agreement with Terry L. and Saundra E. Houchin to purchase real property at 7700 Brimhall Road for $253,610.00 (ISTEA Funds) for use as dght of way for the Westside Parkway. Agreement with George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman to purchase real property located in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $224,053.00 (ISTEA Funds) for use as right of way for the Mohawk Extension Phase of the Westside Parkway. k. Final Tract Maps and Improvement Agreements with: Fairway Oaks South, L.P., for Tract 6079 Unit 1 located south of Pacheco Road and west of Old River Road. GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6077 Unit 9 located north of Olive Drive and west of Calloway Drive. Castle & Cooke California, Inc., for Tract 6199 located north of Chamber Boulevard and east of South Allen Road. Castle & Cooke California, Inc., for Tract 6150 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road. Castle & Cooke California, Inc., for Tract 6151 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road. Castle & Cooke California, Inc., for Tract 6223 Units 1 - 7 located south of Chamber Boulevard and east of South Allen Road. I. General Plan AmendmentJZC 03-1544 (Buena Vista Ranch): Agreement with Castle & Cooke Commercial-CA, Inc., for the preparation of an Environmental Impact Report (EIR) and appropriation of $47,140.00 developer's contribution to the Development Services Operating Budget in the General Fund. Agreement with Michael Brandman Associates ($142,860.00) to prepare and Environmental Impact Report (EIR) for GPNZC 03-1544 (Buena Vista Ranch). Amendment No. 1 to Agreement No. CA03-053 ($25,000.00, total contract not to exceed $50,000.00) with law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to the Kern Power Plant. 2 4. CONSENT CALENDAR continued Bids: n. Purchase of additional refuse carts: Extend bid from Rehrig Pacific, Inc. to purchase 1,584 additional refuse carts ($65,513.45) to meet unanticipated increases in demand. Appropriate $66,000.00 Solid Waste Fund Balance to the Public Works Department Operating Budget. Miscellaneous: (Wards 1,2,3) Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02), Amendment No. 11 (FY 02/03) and Amendment No. 5 (FY 03/04). Transfer $377,709.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for the Planz Park wet play area and street reconstruction in HUD eligible areas. Transfer $210,000.00 from the CDBG Fund Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project. (Ward 1) Amendment No. 1 to Agreement No. 03-156 ($200,000.00 increase, for a total compensation $520,000.00) with Gilliam & Sons, Inc. for emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir (earthmoving and hauling); and to appropriate $170,000.00 Sewer Enterprise Fund Balance to the Capital Improvement Budget. Staff recommends adoption of Consent Calendar items a through p. 5. CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: Right of Way, approximately ~ mile west of Allen Road running east to approximately ~ mile east of Calloway Drive. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Party: Castle & Cooke. Under Negotiation: Price and terms of payment for purchase. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: 24th and Oak Streets. Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson. Negotiating Parties: Tom Carosella and John Sarad with Birkshire Properties. Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding 1) Bakersfield Citizens for Local Control v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99. RECONVENED MEETING - 7:00 p.m. 6. ROLL CALL 7. INVOCATION by Pastor Romeo R. Talamera, Filipino-American Community Church 8. PLEDGE OF ALLEGIANCE by Samuel Brow, 6th Grade Student at Juliet Thorner Elementary School. 9. CLOSED SESSION ACTION 3 10. PRESENTATIONS '11. '12. 13. (Ward 3) 14. 15. 16. 17. Presentation by Mayor Hall of Proclamation to Ms. Eleanor Ozaeta, President of the Local Chapter of ARMA, proclaiming April, 2004, "Records and Information Management Month". Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2004, as "Public Health Week". PUBLIC STATEMENTS CONSENT CALENDAR- for those Consent matters listed but not heard at 5:15 pm portion of meeting H FARINGS - Council may hear Consent heating items listed but not heard at 5:15 pm portion of meeting Public Hearing to consider appeal by the Sierra Club of approval of Zone Change 03-1133 (Aera Energy, LLC/Applicant). (Staff comments by Jack Hardisty, Development Services Director) First Reading of Ordinance upholding the decision of the Planning Commission, denying the appeal by the Sierra Club, adopting Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-07) of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture- Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 160_+ acres generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7, T29S, R29E. Staff recommends denying the appeal and give first reading to the ordinance. REPORTS Report on work to expand the City's Sphere of Influence Boundary, Municipal Services Report and discussions with LAFCO about it's role in City development. (Staff comments by Stan Grady, Planning Director) Staff recommends acceptance of report. DEFERRED BUSINESS Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. (First Reading 3/10/04) Staff recommends referral back to Legislative and Litigation Committee. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 4 AGENDA HIGHLIGHTS MARCH 24, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. Workshops: There will be two workshops: 1) A short presentation by Sal Moretti, Solid Waste Superintendent regarding the 2004 Great American Clean Up to be held April 24thl and 2) Jim Whitehead, Chairman of the Board of the Fox Theater Foundation, will give a brief update regarding the Fox Theater's current operations and restoration status. Ordinances: Item 4c. First Readinq of Ordinance Amendinq the Municipal Code to Chanqe the Zoninq on 104.46 Acres, Generally Located on the West Side of Jewetta Avenue, Approximately 600 Feet North of Stockdale Hiqhway. The proposed zone change is from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone to develop a gated and private street neighborhood of single family residential homes for seniors. The PUD proposes to consist of 425 lots, a 3.24 private park with community building, and other private landscape. The Planning Commission recommends conditional approval. The proposed design includes detached sidewalks, greenspace throughout the subdivision, internal parks and open space, heavy tree landscaping and traffic calming features along streets. All internal streets, parks and landscaping are private and will be privately maintained. Landscaping along Jewetta will be publicly maintained. Item 4d. First Readinq of Ordinance Enactinq an Assessment of Service Fee for Costs for Loud or Unruly Events. Due to the increasing number of complaints for loud and unruly parties, the Legislative and Litigation Committee requested proposed legislation that would give the City greater recourse than what is currently outlined in the Municipal Code. A proposed additional chapter will define loud or unruly events and provide a means for recovering costs incurred by the City for safety personnel participating in a second response to such an event, up to $1,000, from the responsible party. Aqreements: Item 4i. Aqreement to Purchase Real Property at 7700 Brimhall Road for Use as Riqht-of-Way for the Westside Parkway in the amount of $253,610 (ISTEA Funds). The property is a 60,696 square foot rectangular shaped parcel located at the proposed Coffee Road interchange of the Westside Parkway. The purchase price was determined by a local independent appraiser. The Planning Commission found the purchase consistent with the 2010 General Plan. Item 4i. Aqreement to Purchase Real Property Located in an Unincorporated Area of Bakersfield, South of Rosedale Hiqhway on Mohawk Street for Use as Riqht-of-Way for the Mohawk Extension Phase of the Westside Parkway, in the amount of $224,053 (ISTEA Funds). The property is a 2,092.5 square foot rectangular shaped parcel improved with three older commercial buildings, located south of Rosedale Highway. The purchase price was determined by a local independent appraiser. The Planning Commission found the purchase consistent with the 2010 General Plan. Item 41. Aqreements for Preparation of an Environmental Impact Report for General Plan Amendment/Zone Chanqe 03-1544 (Buena Vista Ranch). The project is an amendment to the Land Use and Circulation Elements of the General Plan and a concurrent Zone Change. It consists of residential, industrial, commercial, schools, parks and lakes, public facility, the West Beltway and streets. The project includes Agenda Highlights March 24, 2004 Page 2 annexation of _+1736.36 acres and amendment to the Sphere of Influence boundary. The Circulation Element amendment includes a realignment of White Lane, deletion of Renfro Road as an arterial, and realignment of numerous collectors. The project site is currently under agricultural production with some oil extraction facilities in the southerly portion of the site. The total EIR cost is $190,000. The first agreement acknowledges that Castle & Cooke, Inc. (developer) will pay all costs associated with the preparation and completion of the EIR, which consists of $142,860 for consultant services and $47,140.00 to reimburse the City for its costs. The second agreement is with Michael Brandman Associates (consultant) to prepare the Report in the amount of $142,860. Item 4m. Amendment No. 1 to Aqreement No. CA03-053 with the Law Firm of Duane Morris for Outside Leqal Services in the matter before the California Public Utilities Commission relatinq to the Kern Power Plant in the amount of $25,000 (for a not to exceed contract total of $50.000). This law firm has represented the City's interest in this matter since October 2003. The Amendment will allow the final bill to be paid, with a small amount remaining for monitoring until the PUC has ratified their recent decision and the matter closed. Bids: Item 4n. Purchase of additional refuse carts. An unforeseen surge in new services during FY 2003-04 has depleted the supply of refuse and greenwaste containers available for distribution. The bid awarded to Rehrig Pacific in July, 2003 provides for the option of extending bid prices up to twelve months from the date of the award. To provide timely services for the rest of the fiscal year, the City needs to purchase 432 additional refuse and 1,152 additional greenwaste carts. Staff recommends that the bid be extended to purchase these additional carts in the amount of $65,513.45, and appropriate $66,000 Solid Waste Fund Balance to the Public Works Department Operating Budget. Miscellaneous: Item 4o. Community Development Block Grant Action Plan Amendments. The amendments are as follows: 1) Transfer $377,709 from the CDBG Operating Budget to the Capital Improvement Budget for the Planz Park Wet Play Area and Street Reconstruction in HUD eligible areas; and 2) Transfer $210,000 from the CDBG Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project. Additionally, funds are recommended to be reprogrammed from the Business Loan Program to fund the Planz Park Wet Play Area project. Item 4p. Amendment No. 1 to Aqreement No. 03-156 with Gilliam & Sons, Inc. for Earthmovinq and Haulinq in the amount of $200,000 (for a total compensation of $520,000}; and Appropriate $170.000 Sewer Enterprise Fund Balance to the Capital Improvement Budqet for Emerqency Levee Repairs Required at Wastewater Treatment Plant 2 Effluent storaqe reservoir. The annual contract is nearly exhausted due to emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir. The City acted as the General Contractor for the project, and City crews and forces from Gilliam and Sons Inc. performed the work. Costs for this project are estimated at $170,000 with the majority of this amount payable to the annual contractor. In addition, the contract runs until June 13, 2004, and the compensation clause should be increased to ensure sufficient funds are available for other City projects. Staff recommends that the annual contract be increased by $200,000 for these reasons. CLOSED SESSION There are three closed session items, two of which are conferences with Real Property Negotiators: 1) Right-of-way in the area of Allen Road and Calloway Drive; and 2) 24~h and Oak Streets. The third item is a conference with legal counsel regarding existing litigation on these two cases: 1) Bakersfield Citizens for Local Control v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99. Agenda Highlights March 24, 2004 Page 3 CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Item 13a. Appeal Hearinq by the Sierra Club of the Approval of a Zone Chanqe on Approximately 160 Acres Located Generally North of Paladino Drive, West of the Proposed Morninq Drive Aliqnment, and First Readinq of Ordinance for Zone Chanqe Application by Aera Enerqy, L.L.C. The Planning Commission recommends approval of a zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-I-HD (One Family Dwelling-Hillside Development) to obtain consistency with the General Plan for future development. This decision was appealed by the Sierra Club with their standard objections. Staff recommends the Council deny the appeal, uphold the decision of the Planning Commission, and conduct first reading of the ordinance approving the zone change, with conditions as shown in the backup to the administrative report. REPORTS Item 14a. Report on Work to Expand the City's Sphere of Influence Boundary, Municipal Services Report, and Discussions with LAFCO. Work is continuing on the expansion of the City's Sphere of Influence boundary. Staff met with LAFCO on this issue and also discussed the Municipal Services Report that is being prepared for the City. In addition, the Planning Director participated in a LAFCO workshop to discuss their role in evaluating proposed growth by cities and special districts. DEFERRED BUSINESS Item 15a. Adoption of Ordinance Amendinq the Section of the Municipal Code Relatinq to Fireworks. This Ordinance was given first ready at the Council meeting of March 10, 2004. During this meeting, Councilmember Maggard asked about the calculations of the application fee, requested a list of all permit holders, including "grandfathered" permit holders and also identifying charitable ones from those for-profit, and requested pros and cons of eliminating the "grandfathered" status. In staff's preparing the responses to Councilmember Maggard's questions, a number of other questions have arisen. They involve concerns about the grandfathering of for-profit booths; grandfathering of multiple booths for individual non-profits; questions regarding the number of booths and whether it is good public policy to continually increase the number of available booths based on population increases; and concerns that all costs related to the oversight and regulation of the fireworks booths are not being fully recovered since work by some city employees involved in this process may not have been factored in to the proposed fee. The Fire Chief also has expressed concerns regarding the impact on fire safety due to an increase in the number of fireworks booths in the City. Staff is doing additional research on how fireworks are regulated in other communities in order to provide the Council with a more complete picture of this issue, its implications and alternatives. This issue also is impacted by how fireworks stands are regulated in the unincorporated areas by the County since they also allow fireworks stands. Because of these concerns and the complexity of this issue staff is recommending that it be referred back to the Legislative and Litigation Committee for further study. Approved: John W. Stinson Assistant City Manager cc: Department Heads City Clerk's Office News Media File MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING MARCH 10, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. ACTION TAKEN REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:30 p.m.), Benham, Maggard, Hanson, Sullivan (seated at 5:25 p.m.), Salvaggio Absent: None Motion by Vice-Mayor Couch to add item 4.dd., regarding emergency road repairs, to the agenda, an item that arose after the agenda was posted, and which requires immediate action. APPROVED AB CARSON 2. PRESENTATIONS Presentation of National Awards from Keep America Beautiful to the City for its Keep Bakersfield Beautiful Program. John Enriquez, Chairman of the Keep Bakersfield Beautiful Program, announced the awards, introduced staff and made comments. Councilmember Sullivan acknowledged and presented a plaque to John Enriquez honoring his leadership in volunteering. 3. PUBLIC STATEMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of February 25, 2004. Bakersfield, California March 10, 2004 - Page 2 CONSENT CALENDAR continued Payments: Approval of department payments from February 13, 2004 to February 26, 2004 in the amount of $5,574,300.52 and self insurance payments from February 13, 2004 to February 26, 2004 in the amount of $266,568.45. Ordinances: First Reading of Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. First Reading of Ordinance amending Municipal Code Sections 1.12.020, 1.12.040 and 1.12.060 by adding Annexation No. 443 to Wards 2 & 4, and Annexation No. 445 to Ward 6. First Reading of Ordinance amending Title 17 of the Municipal Code concerning official Zone Map No. 102-19 changing the zone district from a PCD (Planned Commercial Development) zone to a revised PCD zone on 0.50 acres, and from a C-2 (Regional Commercial) zone to a PCD zone on 1.8 acres to construct a 59,325 sq. ft. expansion to an existing mini storage facility at 3201 Calloway Drive. (Jim Marino representing Derrel's Mini Storage) (ZC 03-1361) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-29 to change the zoning 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. (Kern County Jurisdiction, Annexation Requested) (ZC 03-1192) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 to change the zoning on property located generally along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven Avenue. The City, representing the property owner (Jessie Mendoza), initiated the zone change. (ZC 03-1155). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION FR FR ORD 4177 ORD 4178 Bakersfield, California March 10, 2004 - Page 3 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 101-11 to change the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 80 acres located generally west of Allen Road, south of Kratzmeyer Road to Reina Road. (Jim Marino, Marino & Associates representing King-Gardiner Farms) (ZC 03-1228). Resolutions: Resolution dedicating a storm drain easement on City park site property located easterly of Jewetta Avenue and northerly of the Cross Valley Canal. Resolution ordering the summary abandonment of the reserved public utility easement rights in vacated 1st, 2n~, 3r~ and R Streets, west of Tract No. 1396. Resolution ordering the summary vacation of a portion of the East Niles Street frontage/service road between Fairfax Road and Morning Drive. Resolution of Intention No. 1328 to add territory, Area 1-45 (Jewetta,Brimhall NE) to Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution adding territory, Area 3-25 (Stine, McKee NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Assessment District No. 03-3 (Seven Oaks West Ill/Brighton Place II/Fairway Oaks South): Resolution premliminarilyapproving Engineer's Report and setting date for public hearing of protests. Resolutions approving acquisition and disclosure agreements and authorizing changes thereto and execution thereof. ACTION TAKEN ORD 4f79 RES 049-04 RES 050.04 RES 05'~-04 ROI t328 RES05~04 RES 053-04 RES 054-04 RES 055-04 RES 056-04 Bakersfield, California March 10, 2004 - Page 4 CONSENT CALENDAR continued Resolutions of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 459 located on the south side of Brite Street, generally south of State Highway 58, between Hughes Lane and South H Street, and Annexation No. 460 located at the southeast corner of McKee Road and Stine Road. p. Digital Aerial Imagery: Resolution that certain Digital Aerial Imagery compatible with PhotoMapper~) software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $81,000.00. Agreement with ImageAmerica Digital Orthoimagery ($80,401.00) to update images of Metropolitan Bakersfield which are compatible with PhotoMapper~ software. Appropriate $11,000 Gas Tax Fund Balance to the Public Works Department's Operating Budget. Resolution of Intention No. 1329 to order the vacation of Brite Street on the east side of Oleander Avenue. Agreements: Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter, Accountancy Corporation ($45,000.00) for a full scope annual audit of the 2003-04 fiscal year. Final Tract Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6000 Phase 2 located east of Alfred Harrell Highway and north of State Route 178. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Service (in an amount not to exceed $180,000.00 to be paid from the Self Insurance Fund). Ditch Eradication and Pipeline Easement Agreement with Dale G. and Jan R. Scales for Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road. ACTION TAKEN RES 055-04 RES 056.04 REMOVED FOR SEPARATE CONSIDERATION ROI 1329 AGR 04-058 REMOVED AGR 04-059 A GR 04-060 Bakersfield, Califomia March 10, 2004 - Page 5 CONSENT CALENDAR continued Amendment No. 1 to Agreement No. 03-382 with County of Kern for animal care services. Amendment No. 1 to Consultant Agreement No. 01-168 with RJM Design Group, Inc. to increase compensation by $80,660.00 (for a total contract amount of $461,230.00) for Landscape Architectural, Architectural and Engineering Service for 30 acre park on Stockdale Highway at Buena Vista Road. Amendment No. 2 to annual contract Agreement No. 03-028 with Jim Alfter, Cement Contractor ($100,000.00 for a total contract amount of $366,000.00) for additional canal liner repairs in Carrier Canal between Golden State Highway and Oak Street. Bids: Accept bid from Insight Public Sector ($42,114.75) for seven (7) Panasonic computers with vehicle mounts funded by a Code Enforcement Grant. Reject all bids for one additional Mid Size SUV for Code Enforcement (grant funded). Miscellaneous: aa. Community Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY 98/99), Amendment No. 10 (FY00/01), Amendment No. 9 (FY 01/02), Amendment No. 10 (FY 02/03), and Amendment No. 4 (FY 03/04). Appropriate $300,000.00 pdor and current year HOME program income to the Economic and Community Development, Capital Improvement Budget for acquisition and demolition activities associated with the Baker Street Mixed Use Project. Transfer $80,000.00 from the Community Development Block Grant fund, Operating Budget to the Capital Improvement Budget for various streetscape improvement projects. ACTION TAKEN AGR 03-382(I) AGR 0'1-168(I) AGR 03-028(2) bb. 2004 Legislative Platform. Bakersfield, California March 10, 2004 - Page 6 CONSENT CALENDAR continued CC. Appropriate $43,000.00 Transportation Development Fund Balance to the Capital Improvement Project Budget for the Calloway Drive Street Widening Project. dd. Emergency road crossing repairs required at Buena Vista Road and the Buena Vista Canal: Resolution dispensing with bidding procedures due to emergency repairs required at Buena Vista Road at the Buena Vista Canal, no to exceed $500,000.g0 (initial estimate only). Appropriate $500,000.00 (initial estimate of costs) Transportation Development Fund balance to the Capital Improvement Budget. Motion by Vice Mayor Couch to adopt Consent Calendar items 8. a. through 8.dd., with the removal of items 4.c. and 4.p. for separate consideration and the deletion of 4.s. First Reading of Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. Councilmember Maggard requested staff respond with information addressing the calculations of the fee; a list of all permit holders including the4 grandfathered permit holders, identifying which ones are charitable and which are for-profit; and the pros and cons of eliminating the 'grandfathered' status. Motion by Councilmember Maggard to give First Reading to the Ordinance. p. Digital Aerial Imagery: Resolution that certain Digital Aerial Imagery compatible with PhotoMapper~) software cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $81,000.00. Agreement with ImageAmerica Digital Orthoimagery ($80,401.00) to update images of Metropolitan Bakersfield which are compatible with PhotoMapper~) software. Appropriate $11,000 Gas Tax Fund Balance to the Public Works Department's Operating Budget. .ACTION TAKEN RES 058-04 APPROVED FR APPROVED RES 057-04 AGR 04-057 Bakersfield, California March 10, 2004 - Page 7 CONSENT CALENDAR continued Motion by Councilmember Maggard to adopt the Resolution, approve the Agreement and appropriate required funds. CONSENT CALENDAR HEARINGS - see additional item$ at 7:00pm portion of meeting 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 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. Hearing opened at 5:43 p.m. Hearing continued to the 7:00 p.m. portion of the meeting. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Bakersfield Habitat Conservation Plan. Staff recommends adoption of resolution. Hearing item 5.b. opened at 5:43 p.m. Hearing item 5.b. closed at 5:44p.m. Motion by Vice-Mayor Couch to continue 5.a. to the reconvened session and approve Consent Calendar Hearing item 5.b. CLOSED SESSION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1). ACTION TAKEN APPROVED RES 060-04 APPROVED 6o Bakersfield, California March 10, 2004 - Page 8 CLOSED SESSION continued Motion by Vice-Mayor Couch to recess to Closed Session at 5:45 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:55 p.m. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Hanson, Sullivan, Salvaggio Absent: None. 8. INVOCATION by Reverend Max Van Dyke, Christ Cathedral. PLEDGE OF ALLEGIANCE by Megan Kaufman and Elizabeth Belsky, 6th Grade Students at Bessie Owens School. 10. CLOSED SESSION ACTION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1). 11. PRESENTATIONS Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing & Public Relations for Community Action Partnership of Kern, recognizing the 50~h Anniversary of the Economic Opportunity Act and the accomplishments of the Community Action Partnership of Kern. Presentation by Mayor Hall of Proclamation to the Castle & Cooke Dream Builders Team, proclaiming March 20, 2004, as "Spring Fling for the Families of the Bakersfield Homeless Center Day". Mayor Hall presented certificates of appreciation to Darlene Mulkey, Castle & Cooke, Renee Massey, Charles Sullivan and recognized student representatives from local high schools. ACTION TAKEN APPROVED APPROVED EVALUATION COMPLETE WITH NO REPORTABLE ACTION 12. Bakersfield, California March 10, 2004 - Page 9 PUBLIC STATEMENTS Katherine Valenzuela, Sarah Mangan and Danielle Villalovos spoke regarding the Mayor's Youth Advisory Council. James Tyson, Ebony Counseling Center, spoke regarding Real Men/Ladies Inc. Youth Program and requested a Mayor's proclamation declaring the week of March 8-12, 2004 Male Responsibility and Girl Power Week. c. Norma Jackson spoke regarding potholes. Mary Helen Barro and Millie Diffenbaugh spoke regarding pool closures. Mayor Hall recognized government classes from Ridgeview High School. Vice-Mayor Couch announced the City has received a draft decision by the administrative law judge regarding the City's dispute with North American Power Group denying the application by PG&E to sell its Kern County Power Plant to North American Power Group. ACTION TAKEN t3. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of meeting. 14. HEARINGS 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 Tentative Tract Map 6169 generally located north of Panama Lane, south of Harris Road (extended), east of Old River Road. RES05~04 Hearing re-opened at 7:47 p.m. No one spoke. Hearing closed at 7:48 p.m. 15. Bakersfield, California March 10, 2004 - Page 10 HEARINGS continued Item 14.a. continued ACTION TAKEN Motion by Councilmember Hanson to adopt the Resolution denying the appeal and the addendum to the Negative Declaration upholding the decision of the Planning Commission. APPROVED t5. NEW BUSINESS Proposal by "The Bakersfield Californian" to finance costs to open Beale Pool. Interim Recreation and Parks Director Alan Christensen made staff comments. Motion by Vice-Mayor Couch to approve the proposal by the Californian to finance the opening of Beale Pool and access feasibility of opening a second pool and splitting operating hours between the two pools provided funding is available for repairs/maintenance of the second pool. APPROVED 16. MAYOR AND COUNCIL STATEMENTS Councilmember Salvaggio requested staff contact Hipilito Rocha regarding noise in his neighborhood. Councilmember Salvaggio requested the City Attorney's office and Police Department investigate a citizen's complaint regarding neighbors and provide practical advice on obtaining a restraining order. Councilmember Salvaggio requested an update on his prior referral number 645, regarding the Loyalton/Castleford area and the establishment of a Neighborhood Watch program. Councilmember Salvaggio requested staff remove graffiti from a wall behind the Benton Park shopping center, at the northeast corner of Fremont and Wilson Road. Additionally, Councilmember Salvaggio expressed appreciation for rapid response to his graffiti removal requests. 16. Bakersfield, California March 10, 2004 - Page 11 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Salvaggio announced Caltrans has awarded Griffith and Company a contract to expand the southbound off ramp at White Lane. Councilmember Salvaggio thanked Code Enforcement for dedication in performing their duties. Councilmember Salvaggio thanked the Mayor for his service and congratulated him on his re-election. Councilmember Maggard expressed disappointment regarding the cancellation of the Joint City/County Meeting. Councilmember Maggard provided for review by Public Works/Planning staff written information regarding a potential development, Rio Bravo Ranch, and the possible realignment of Hwy. 178 in the area at the mouth of the canyon to Alfred Harrell Hwy. Councilmember Maggard requested Police investigate recent vandalism and thefts in the Eastridge neighborhood in the northeast; work with Neighborhood watch in the area. Councilmember Maggard recognized Victor Placentia, manager of La Mina Mexican Restaurant, as a Neighborhood Hero, for his idea to construct an outdoor soccer park utilizing indoor soccer rules, and raising substantial funds for the purpose. Councilmember Benham requested increased traffic enforcement in the Montclair Steet/Centennial Park area. Councilmember Benham provided a list of potholes; requested staff provide information regarding repair scheduling for potholes; constituents to be provided with the repair information. 16. Bakersfield, California March 10, 2004 - Page 12 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested staff provide information to residents of the Greenbrier complex regarding slurry coating of streets. Councilmember Benham provided suggestions regarding treffic regulation in the Westchester area for review by staff; additionally revisit the idea of various street closures in the area. Councilmember Benham provided a letter regarding garbage pick up for staff response. Councilmember Benham provided a letter regarding a legal issue and requested staff keep her informed. Councilmember Hanson congratulated the Mayor on his re-election. Councilmember Hanson congratulated the City Manager and EDCD Director on the analysis of parking near the Padre Hotel. Councilmember Hanson requested information regarding Notice of Completion for the ice rink. Public Works Director Rojas responded. Councilmember Hanson requested information regarding the canal incident on Buena Vista Road. Public Works Director Rojas responded. Councilmember Carson welcomed and thanked the young people in the audience and the young people who gave a presentation regarding services they provide the community and the Weed and Seed Program for the cleanup in the southeast last weekend. Councilmember Carson thanked the Police Department for control at the parade last Saturday. Councilmember Carson requested staff provide an update regarding the left turn lane at Garnsey. Public Works Director Rojas responded. ACTION TAKEN 16. Bakersfield, California March 10, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Carson requested Economic and Community Development conduct an informational meeting with Ward 1 residents regarding the use of CDBG funds at the MLK Center on March 20 or 27. Councilmember Carson requested information regarding sewer connection facts and time line for the Stockdale/Stine and P Street areas. Councilmember Carson requested information and time line regarding the use of CDBG funds for street repairs. Councilmember Carson congratulated the Mayor on his re-election. Councilmember Sullivan requested an update on graffiti abatement at McKee and Acres. Councilmember Sullivan provided information regarding a citizen complaint about barking dogs and requested regulation information. Councilmember Sullivan encouraged the public to call their representatives regarding serious potholes. Councilmember Sullivan congratulated the Mayor on his re-election and his representation of the City during the recent Presidential visit. Vice-Mayor Couch congratulated the Mayor on his re-election and gracious representation of the City during the President's visit last week. Vice-Mayor Couch requested staff contact the railroad regarding trains blocking traffic at Rosedale and Landco and request railroad company cooperation in not blocking roads. Vice-Mayor Couch staff contact the County regarding the addition of the crossing on Rosedale Hwy. west of Landco Dr. into the Separation of Grade District. 16. Bakersfield, California March 10, 2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Couch congratulated Jim Movius, City Planning, on receiving the Regional Award of Merit for Distinguished Leadership at the KERNcog Regional Awards Banquet for work performed on the Northeast Bakersfield Open Space and related Parks and Trails Plan; retired Water Resources Director, Gene Bogart, Regional Award of Merit for Lifetime Achievement and Councilmember Salvaggio, Regional Award of Merit for Lifetime Achievement. Vice-Mayor Couch invited the community to attend the Grand Opening of Fire Station 15 and the Westside Police Substation on Monday, March 15 at noon. Vice-Mayor Couch thanked Rhonda Smiley for her contribution to the new Fire/Police facility. Vice-Mayor Couch requested information regarding maintenance of medians and roadside landscape. City Manager Tandy responded. Vice-Mayor Couch requested information regarding the formation of an Ad Hoc Committee to oversee the Highway 99 event. Mayor Hall made comments regarding the visit of President Bush. Mayor Hall made comments regarding his mayoral election. 16. Bakersfield, California March 10, 2004 - Page 15 ADJOURNMENT Mayor Hall adjourned the meeting at 9:00 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: I~0RKSHOP ITEM: ~. ~L., TO: Honorable Mayor and City Council AP~P~OVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: March 9, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation on the Keep Bakersfield Beautiful Committee and the Great American Clean Up. RECOMMENDATION: BACKGROUND: The City of Bakersfield hosted the nation's largest Gmat American Clean Up in 2003 with over 2500 volunteers cleaning up approximately 100 "hot spots" around the city. This year, KBB will once again be coordinating the 2004 Gmat American Clean Up, to be held April 24th. Lunch and free t- shirts will be provided, along with entertainment and exhibits. Volunteers from around the city will clean up identified "hot spots" in each of the wards. Council is encouraged to identify locations in their wards for clean up. City crews will support volunteers with equipment and supplies. SW - SM/smp March 9, 2004, 5:03PM G:\GROUPDAT~ADMINRPT~2004\03-24\GREAT AMERICAN CLEAN UP 2004.doc ADMINISTRATIVE REPORT Mr'~' uNG DATE: March 24, 2004 I ITEM:o~. b. AGENDA SECTION: Workshop TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager March 15, 2004 DEPARTMENT HEAD c,w A OR.EV CITY MANAGER ~ Update on the Restoration Status of the Fox Theater RECOMMENDATION: BACKGROUND: The Fox Theater Foundation Board of Directors will give a brief update regarding the theater's current operations and restoration status. March 15, 2004, 10:45AM S:V~dmin Rpts',2004\Fox Status 032404 Workshop.dot JWS:al ADMINISTRATIVE REPORT '~'-G DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: H.o... TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Cler~c.~ March 12, 2004 APPROVED SUBJECT: CITY ATTORNEY CITY MANAGER Approval of minutes of the March 10, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: /~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 11, 2004 .APPROVED DEPARTMENT HEAD ~ CITY ATTORNE'~~ CITY MANAGER ~ Approval of department payments from February 27, 2004 to March 11, 2004 in the amount of $7,571,783.56 and self insurance payments from February 27, 2004 to March 11, 2004 in the amount of $241,759.25 RECOMMENDATION: Staff recommends approval of payments totaling $7,813,542.81 BACKGROUND: klg March 11,2004, 4:32PM S:~imG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 8, 2004 j ROVED DEPARTMENT CITY MANAGER ~-~ Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map 102-36) of Title Seventeen the Bakersfield Municipal Code by Changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46 acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north of Stockdale Highway. (Engineer: Mclntosh and Associates / Developer: Castle and Cooke) (File #03-1246) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: The project site is located on the west side of Jewetta Avenue about 600 feet north of Stockdale Highway. The proposed zone change is from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone to develop a gated and private street neighborhood of single family residential homes for seniors. The PUD proposes to consist of 425 lots, a 3.24 private park with community building, and other private landscape lots on 104.46 acres. The PUD and associated Vesting Tract Map 6250 include lot and street designs differing from City standards. The Planning Commission has conditionally approved related Vesting Tentative Tract Map 6250. On January 15, 2004, the Planning Commission adopted Resolution No.06-04 recommending conditional approval of PUD Zone Change # 03-1246. Commissioner Ellison stated his no vote was made because he was in favor of a continuance due to his questions about the air quality study. The applicant spoke in favor of the project at the public hearing. At the public hearing, Katie Kerr, representing the Del Rio Area Concerned Citizens supported the project if it was limited to senior residents. Condition No. 20 requires the development to be restricted to senior residents. Renee Nelson, of the group Clean Water and Air Matter, spoke in opposition to the project based on air quality and density impacts. No appeal was filed. In accordance with the PUD zone, the applicant may request deviations from standards if the project is of innovative design and diversification in the relationship of uses, buildings, lot sizes and open space while ensuring substantial compliance with the General Plan and Municipal Code. ADMINISTRATIVE REPORT Page2 Proposed design incorporates many elements of "new urbanism" which includes detached sidewalks, greenspace throughout the subdivision, internal parks and open space, heavy tree landscaping and traffic calming features along streets. All internal streets, parks and landscaping are private and will be privately maintained. Landscaping along Jewetta will be publicly maintained. The developer requests street and lot designs that deviate from City standards. Because the proposed development is to be a private and gated street neighborhood, and improvements are to be maintained by a homeowners association, the proposed deviations from City standards were acceptable. The applicant has requested a reduction of the front yard setback from 25 to 20-feet. The front yard setback is to be measured from flowline. In addition, the developer proposes a 5-1/2- foot parkway behind curb for street trees along the private streets with a 2-foot pedestrian easement in the front yards of some lots to provide the width needed for a 5-foot walkway adjacent the parkway. The project depicts several lot sizes. The majority of lots are in the range of 5,000 to 5,500 square feet, which is less than the 6,000 square foot minimum standard. Other lots range in the 6,600 to 8,500 square feet in size. The project site is located within the "South of Brimhall" project area (GPA/ZC # P01-1019) for which the City Council adopted Resolution # 88-02. Resolution # 88-02 requires the developer (Castle and Cooke) to provide an equestrian trail from Allen Road to the vicinity of the City's soccer park, and $30,000 in fees for staging area improvements. This condition is shown as Condition No. 25 of Exhibit A. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment. A Negative Declaration was prepared and noticed in accordance with CEQA. JENG Adrnin\mart3-24-6250 ADMINISTRATIVE REPORT Mb,- I lNG DATE: )larch 24, 2004 AGENDA SECTION: Consent Calendar ITEM: fi. ¢~** TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /~/'~" DATE: March 15, 2004 CITY ATTORNEY /'~' CITY MANAGER ~ SUBJECT: Ordinance enacting Chapter 9.23 (Assessment of service fee for costs for loud or unruly events) RECOMMENDATION: The Legislative and Litigation Committee recommends first reading of this ordinance. BACKGROUND: Section 9.22 of the Bakersfield Municipal Code governs noise and amplified sound and provides for assessment of a service fee if enforcement personnel respond more than one time in a thirty-day period for violation(s) of this chapter. Due to complaints for loud and unruly parties, the Legislative and Litigation Committee requested proposed legislation that would give the City some greater recourse against the responsible parties. This proposed additional chapter defines loud or unruly events and provides a means for recovering the costs incurred by the city for police and fire personnel participating in a second response to a loud or unruly event, up to $1,000, from the person or persons responsible for such event. S:\COU NClL~Admins\9.23Noise-Loud&Unruly,doc 3/15/2004 2:56 PM ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent TEM: H, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 8, 2004 DEPARTMENT HEAD ~..'/'7~. CITY ATrORNE¥~ / CITY MANAGER An ordinance amending the Bakersfield Municipal code Sections § 1.12.020, 1.12.040 and 1.12.060 by adding Annexation No. 443 located (1) west of Jewetta Avenue approximately 700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard Street to Ward 2 and Ward 4 and Annexation No. 445 located between Ashe Road and Gosford Road, generally north of McCutchen Road to Ward 6. 0Nards 2, 4 and 6) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on March 10, 2004. This ordinance amends the ward boundaries to include Annexation 443 into Ward 2 and Ward 4 and Annexation 445 into Ward 6. The annexations were recently complete. Annexation No. 443 is located in two separate areas (1) west of Jewetta Avenue approximately 700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard Street. Annexation No. 445 is located between Ashe Road and Gosford Road, generally north of McCutchen Road. LAFCO conducted protest hearings for these two annexations and received no protests. The city is completing the final paperwork to complete the annexations. MO:pjt Admin\mar~3-24-443-445 ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 I AGENDA SECTION: Consent ITEM NO: ,~. ,~. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 23, 2004 CITY ATTORNE?~ CITY MANAGER SUBJECT: Adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code concerning official Zone Map No. 102-19 changing the zone district from a PCD (Planned Commercial Development) zone to a revised PCD zone on 0.50 acres, and from a C-2 (Regional Commercial) zone to a PCD zone on 1.8 acres to construct a 59,325 sq. ft. expansion to an existing mini storage facility at 3201 Calloway Drive -ZC 03-1361. (Jim Marino representing Derrel's Mini Storage) (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of this ordinance occurred on March 10, 2003. The proposed zone change will allow a proposed 59,325 sq. ft. expansion to an existing mini storage facility that the City Council initially approved in 1997 and expanded in 2001. The applicant proposes to develop a 0.50 acre portion of the existing recreational vehicle parking area at the mini storage facility (part of the existing PCD zone) in combination with 1.8 acres of adjacent C-2 zoned property to accommodate the proposed addition of eight (8) new self-storage warehouse buildings. The request is consistent with the site's general plan designation and the applicant's existing self- service warehouse development adjacent to the north and west. The planned improvements are all in the interior of the site. The applicant proposes 9-foot high buildings and where necessary, 9- foot high wails between buildings along the expansion site's entire southern and eastern boundaries for a consistent architectural appearance. The existing landscape, signage, and site access along the Calloway Drive frontage will remain unchanged for the projected expansion. Completion of the required site improvements were in accordance with all ordinance requirements and conditions imposed on the initial development. Overall, the project complies with all previous approvals by the Planning Commission and City Council. The Planning Commission recommended that the City Council approve the request with a unanimous vote. ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 10, 2004 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ClTY MANAGER ~ Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2004-05 to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to address transit problems. Golden Empire Transit and other transit service-oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak Station. As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site. These Article 4 Transportation Development Act funds can be used to pay for those maintenance activities. This Resolution authorizes staff to submit an application for those funds. March 10, 2004, 3:52PM G:\GROUPDA'r~ADMINRP'r~004\03-24\Amtrak TDA Funds Admin.dot ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. h' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director February 26, 2004 DEPARTMENT HEAD ,~.VED CITY ATTORNEY /~k~ CITY MANAGER ~ Transportation Impact Fee Agreement with Stonecreek Partners, Inc. for Tract 6124 (Estimated Impact Fee Credit - $57,394), located on Wible Road north of McKee Road. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Stone Creek Partners, Inc. has constructed a portion of McKee Road, from Wible Road to Lima Street with their Tract 6124 phase 2. Of the improvements constructed by Stonecreek Partners, one westbound lane of McKee Road is listed on the Transportation Impact Fee Facilities List. Stonecreek Partners has requested that all of the transportation impact fee credit available from this improvement be applied to lots within Tract 6124-1 and 6124-2. The available credit is estimated at $57,394. March 1, 2004, 10:11AM G:\G ROU PDAT~ADMIN R P7~2.004\03-24\6124-2TIFadm in.dot ADMINISTRATIVE REPORT MEETING DATE: )(arch 24, 2004 AGENDA S.ECTION: Consent Calendar ITEM: ~. I. r TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 11, 2004 APPROVED DEPARTMENTHEA~~*"'-~' CiTY ATTORNEY ClTY MANAGER SUBJECT: Agreement with Terry L. and Saundra E. Houchin to purchase real property at 7700 Brimhall Road for $253,610, with ISTEA funds. Land to be used as right of way for the Westside Parkway (Ward 4). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired is a 60,696 square foot rectangular shaped parcel located at the proposed Coffee Road interchange of the Westside Parkway. The property is owned by Terry L. and Saundra E. Houchin. The purchase price of $253,610 represents the property's fair market value as determined by an appraisal prepared by Michael C. Burger, MAI of the independent real estate appraisal firm, Michael Burger & Associates. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. March 11, 2004, 3:56PM P:~admin reports\parkway houchin.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: Harch 24, 2004 AGENDA SECTION: Consent Calendar TEM: q'3' TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 11, 2004 APPROVED DEPARTMENTHEAD.,'U~--~-~ CITY ATTORNEY CITY MANAGER~ SUBJECT: Agreement with George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman to purchase real property located in an unincorporated area of Bakersfield, south of Rosedale Highway on Mohawk Street for $224,053, with ISTEA funds. Land is to be used as right of way for the Mohawk Extension Phase of the Westside Parkway. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring properties for the Westside Parkway. The right of way being acquired is a 2,092.5 square foot rectangular shaped area improved with three older commercial buildings, located south of Rosedale Highway for the Mohawk Extension phase of the Westside Parkway. The property is owned by George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman. The purchase price of $224,053 represents the property and improvement's fair market value as determined by an appraisal prepared by Randy Merriman, MAI of the independent real estate appraisal firm, Karpe Fisher Merriman Inc. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. March 11, 2004, 3:57PM P:~drnin reports\parkway daisa.doc DMNs ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 5, 2004 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreements with Fairway Oaks South, L. P. for Tract 6079 Unit 1 located south of Pacheco Road and west of Old River Road. (Ward 5) Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6077 Unit 9 located north of Olive Drive and west of Calloway Drive. (Ward 4) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6199 located north of Chamber Boulevard and east of South Allen Road. (Ward 5) Final Maps and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6150 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road. (Wad 5) Final Maps and Improvement Agreements With Castle & Cooke California, Inc., for Tract 6151 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road, (Ward 5) Final Maps and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6223 Units 1 thru 7 located south of Chamber Boulevard and east of South Allen Road. (Ward 5) RECOMMENDATION: Staff Recommends approval of the map and agreement. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. March 8, 2004, 8:25AM G:\GROUPDAT~ADMINRPT~2004\03-24\MAP AND IMPROVEMENT AGR,dot ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 Consent AGENDA SECTION: ITEM: ~. I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 10, 2004 AiaI~:IQ~ED DEPARTMENT HEAD Y =,/~ CITY ATTORNEY ~"~P~'~ CITY MANAGER /'~ Agreements for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change 03-1544 (Buena Vista Ranch). (Ward 5) Agreement between Castle & Cooke Commercial-CA, Inc., a California Corporation and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriation of $47,140.00 developer's contribution to the Development Services Operating Budget in the general fund. Agreement between Michael Brandman Associates and the City of Bakersfield for $142,860.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03- 1544 (Buena Vista Ranch). RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: Castle & Cooke Inc. is proposing the Buena Vista Ranch project (GPA/ZC 03-1544) which is located generally south of Ming Avenue and west of Buena Vista Road and Allen Road (see Exhibit "1" and Exhibit "2"). The proposal encompasses 2,181 acres and will include a variety of land uses (see project description below). The project requires preparation of an Environmental Impact Report. Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Castle & Cooke, Inc. regarding the preparation of an Environmental Impact Report (EIR) for GPA/ZC 03- 1544 (Buena Vista Ranch). This agreement also acknowledges that Castle & Cooke, Inc. will pay all costs associated with the preparation and completion of the EIR. The total EIR cost is $190,000.00, which consist of $142,860.00 for consultant services and $47,140.00 to reimburse the City for its costs. ADMINISTRATIVE REPORT Page2 Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 03-1544 (Buena Vista Ranch). Project Description: The project is an amendment to the Land Use Element and the Circulation Element of The Metropolitan Bakersfield General Plan and a concurrent Zone Change. The proposed Land Use and Circulation Element and the Zone Change will consist of Iow density residential (4,207 units), Iow medium density residential (606 units), high medium density residential (1537 units), high density residential (238 units), commercial (74.41 acres), light industrial (217.18 acres), schools (68.36 acres), parks and lakes (205.17 acres), public facility (Canal 20.38 acres), and the West Beltway and streets. The gross area is 2181.46= acres. The project includes annexation of ±1736.36 acres to the City of Bakersfield and amendment to the Sphere of Influence boundary. The Circulation Element amendment includes a realignment of White Lane, deletion of Renfro Road, as an Arterial, and realignment of numerous collectors within the project area. The project site is currently under agricultural production with some oil extraction facilities in the southerly portion of the site. WC Admin\mar~3-24-1544 ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, h'~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 10, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Amendment No. 1 to Agreement No. CA 03-053 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 the Kern Power Plant. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: In October 2003 PG&E requested the Public Utilities Commission approve their sale of its Kern Facility to North American Power Group. The City retained the services of Duane Morris, a San Francisco based law firm, to oppose the sale. The initial cost was not to exceed $25,000. The City submitted written opposition to the sale on multiple grounds. On March 9, 2004 the administrative law judge issued a draft ruling that the application to transfer the power plant was barred by Public Utility Code § 377 and dismissed the application. The City expects the Public Utilities Commission to uphold this ruling. Colin Pearce, from Duane Morris, has represented the City's interests well. It is recommended the Attorney Retainer Agreement with Duane Morris be amended to include an additional $25,000 for a total not to exceed cost of $50,000 for this representation. This will allow the final bill to be paid, with a small amount remaining for monitoring until the PUC has ratified the decision and the matter closed. ADD:Is S:\COUNCIL~Admins~ttyRetaine ram(Jmnt.doc March 11, 2004, 3:52PM ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, I~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 12, 2004 Purchase of additional refuse carts: 1. DEPARTMENT HEAD CITY A'I-rORNEY CITY MANAGER APPROVED Extend bid from Rehrig Pacific, Inc. to purchase 1,584 additional refuse carts for $65,513.45 to meet unanticipated increases in demand. Appropriate $66,000 Solid Waste Fund Balance to the Public Works Department's operating budget. RECOMMENDATION: Staff recommends approval of bid extension and appropriation. BACKGROUND: A bid to purchase refuse, greenwaste and recycling containers from Rehrig Pacific Company for the Solid Waste Division was approved by the City Council on July 9, 2003. The quantities for refuse and greenwaste containers purchased were sufficient to meet the budget estimate based upon recent years' growth. However, an unforeseen surge in new services during FY 2003-04 has depleted the supply of refuse and greenwaste containers available for distribution. All carts from the bid have been purchased and distributed to City residents. The bid awarded to Rehrig Pacific provides for the option of extending bid prices up to twelve months from the date of the award. To provide timely services to City residents for the rest of the fiscal year, the City needs to purchase 432 additional refuse and 1,152 additional greenwaste carts with this bid extension. March 10, 2004, 9:22AM G:\GROUPDAT'~ADMINRPT~.004\03-24\Fund Bal Appropriation for Greenwaste Cads.doc ADMINISTRATIVE REPORT MEETING TO: FROM: DATE: DATE: March 24, 2004 SUBJECT: AGENDA SECTION: Consent Calendar ITEM: ~0 0. Honorable Mayor and City Council Donna L. Kunz, Economic Development Director March 11, 2004 APPROVED DEPARTMENT HEAD(~/Z~.~,r,' CITY ATTORNEY.~__~ CITY MANAGER Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02), Amendment No. 11 (FY 02/03, and Amendment No. 5 (FY 03/04). (Wards 1,2, 3) 1) Transfer $377,709 from the CDBG fund Operating Budget to the Capital Improvement Budget for the Planz Park Wet Play Area and Street Reconstruction in HUD eligible areas. 2) Transfer $210,000 from the CDBG fund Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project. RECOMMENDATION: Staff recommends approval. BACKGROUND: In compliance with HUD regulations, any significant change or addition to the approved CDBG program or project must undergo an amendment process which includes obtaining citizen views and comment on the proposed change. The proposed amendment affects CDBG program funds. Below is a summary of the proposed changes included in these amendments: Cancel: Business Loan Program FY 01/02 ($36,077) FY 02/03 ($37,000) FY 03/04 ($83,923) Lowell Park Community Center Improvement Project FY 02/03 ($93,000) Total ($250,000) Cancel: Business Loan Program Add FY 03/04 ($220,709) Add Planz Park - Wet Play Area Project Total $250,000 Street Reconstruction Improvements in HUD eligible areas. Total $220,709 S:~,dmins\City Council~action plan amendment 03-24-04.doc 3/11/2004 1:50 PM ADMINISTRATIVE REPORT Page 2 A public notice was published Februa~ 23, 2004 to begin tha 30-day public comment period for this amendment. To date no comments have been received. In addition, on January 14, 2004 City Council approved Amendment No. 2 FY 03/04 to the CDBG Action Plan for the Acquisition and Demolition Program for $210,350 towards the Old Town Kern Mixed-Use Project. The request transfer of these funds from the Operating Budget to the ClP Budget was unintentionally omitted from the administrative report. S:~Admins\City Council~action plan amendment 03-24-04.doc 3/11/20041:50 PM ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar ITEM: q.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 17, 2004 APPROVED DEPARTMENT .EAD~'~ '~ ~, A OR.EV C, MA.AGER Amendment No. 1 ($200,000 increase for a total compensation of $520,000) to Agreement No. 03-156 with Gilliam & Sons, Inc. for earthmoving and hauling; and to appropriate $170,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget for emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir 0Nard 1). RECOMMENDATION: Staff recommends approval of amendment and appropriation. BACKGROUND: On June 11, 2003, the City Council approved the annual contract for earthmoving and hauling services for $320,000. This annual contract amount is nearly exhausted due to emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir. Costs for this project are estimated at $170,000 with the majority of this amount payable to the annual contractor. In addition, the contract runs until June 13, 2004, and the compensation clause should be increased to ensure sufficient funds are available for other city projects. Staff recommends that the annual contract be increased by $200,000 for these reasons. The following narrative describes the emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir. On November 21, 2003, City wastewater personnel observed water seeping out of the base of a 12' high levee along the west side of an effluent storage reservoir at Wastewater Treatment Plant 2. The reservoir was full and water was leaking out of an animal burrow at the bottom of the levee. City personnel immediately began taking steps to evacuate water from the reservoir and stop the leak. A workforce comprised of City and Contract personnel was mobilized and by that evening, the leak was stopped. City Engineering Staff determined that the portion of the levee that had been damaged by the rodent would require excavation and reconstruction. While there are eight reservoirs for Wastewater Treatment Plant 2 effluent storage, the plant can only discharge into Reservoir W3, the one with the damaged levee. Because of the critical need, the reservoir was partially drained and repairs were initiated on November 24th. The City of Bakersfield acted as the General Contractor for the project. City workforce and forces from Gilliam and Sons Inc. performed the work. 700 feet of levee was excavated and reconstructed in just 28 days. The reservoir was put back into full service on December 18th, 2003. G:\GROUPDAT~DM[NRPT~2.004~04-14\emerg levee repair admin.doc OW/dw ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Closed Session ITEM: ~. 0.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 11, 2004 DEPARTMENT HEAD ClTY ATTORNEY ClTY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code § 54956.8 Property: Right of Way - approximately 1/2 mile west of Allen Road running east to approximately Y2 mile east of Calloway Drive Agency Negotiators: Finance Director Gregory Klimko, and Real Property Manager Donald Anderson Negotiating Parties: Castle & Cooke Under Negotiation: Price and terms of payment for pumhase RECOMMENDATION: BACKGROUND: VG:ls S:\COUNCIL\CI Sess~Admins\Rightof Way 3/I 1/2004 ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Closed Session ITEM: :5'. 1O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 11, 2004 APPROVED DEPARTMENT HEAD ~/'~- CITY A'I'rORNEY f'/'~--'~ CITY MANAGER ~ Conference with Real Property Negotiators pursuant to Government Code § 54956.8 Property: 24th/Oak Street Agency Negotiators: Finance Director Gregory Klimko, and Real Property Manager Donald Anderson Negotiating Parties: Tom Carosella and John Sarad with Birkshire Properties Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: VG:ls S:\COUNClL\Cl Sess~,dmins~24th-Oa kSt.doc MEETING DATE: ADMINISTRATIVE REPORT March 24, 2004 AGENDA SECTION: Closed Session ITEM: §. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 16, 2004 DEPARTMENT HEAD CITY ATI'ORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. (1) Bakersfield Citizens for Local Control v. City of Bakersfield/Castle & Cooke Kern County Superior Court Case No. 249668 KCT (2) Bakersfield Citizens for Local Control v. City of Bakersfield/Panama 99 Kern County Superior Court Case No. 249669 KCT RECOMMENDATION: BACKGROUND: VG:ls March 16, 2004, 9:56AM ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Presentations TEM: t O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 11, 2004 ~OVED DEPARTMENT HEAD.~[__ CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to Eleanor Ozaeta, President of the Local Chapter of ARMA, proclaiming April, 2004. as "Records and Information Management Month". RECOMMENDATION: BACKGROUND: ndw March 12, 2004, 10:32AM S:\MAYOR\ADMIN\RECORDS AND INFORMATION MANAGEMENT MONTH.dot ADMINISTRATIVE REPORT IMEETING DATE: March 24, 2004 AGENDA SECTION: Presentations ITEM: lO. 113. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 11,2004 DEPARTMENT H EAD.~I CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 3-9, 2004, as "Public Health Week". RECOMMENDATION: BACKGROUND: ndw March 11, 2004, 3:29PM S:\MAYOR~ADMIN\PUBLIC HEALTH WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning March 10, 2004 CITY MANA,G'ER ~ SUBJECT: Zone Chanae 03-1133 - ADoeal hearinq (Sierra Club - appellant) and first readinq of ordinance for zone chanae aoolication by Aera Enerqy, L.L.C. (Ward 3) An ordinance upholding the decision of the Planning Commission, denying the appeal by the Sierra Club, adopting a Negative Declaration and amending Section 17.06.020 (Zone Map no. 104-07) of title seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development) on 160± acres generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7, T29S, R29E. (File #03-1133) RECOMMENDATION: Staff recommends denying the appeal and first reading of the Ordinance. BACKGROUND: On February 5, 2004, the Planning Commission adopted Resolution No. 10-04 recommending approval of a zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development) to obtain consistency with the General Plan for future development of 160-*- acres of land. The land, owned by Aera energy, L.L.C., is generally located north of Paladino Drive, west of the proposed Morning Drive alignment. The action of the Planning Commission was appealed by Gordon L. Nipp, Ph.D, representing the Sierra Club. Aera Energy has applied for this subject zone change to bring the zoning of the land into consistency with the approved General Plan designation of the site. An Environmental Impact Report (EIR) was certified on December 11, 2002 for the Metropolitan Bakersfield General Plan. 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 or cumulative impacts which were not discussed in the EIR prepared for the General Plan. ADMINISTRATIVE REPORT Page2 The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone change and Negative Declaration, requesting an Environmental Impact Report (EIR) be prepared (Background Attachment #1). The Sierra Club's letter of appeal states that 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. During the Planning Commission's public hearing process, the Sierra Club presented a letter addressing several issues including those which are contained in their appeal letter to the City council. Staff provided responses to the Sierra Club's concerns, which were made part of the record for consideration of the Planning Commission's recommended approval of the Negative Declaration for this project. Staff's responses to the Sierra Club concerns and the letter containing the Sierra Club's concerns are included as Background Attachment #2. Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and incorporated into the Negative Declaration (Background Attachment #3) recommended for approval for this project. Conclusion. Staff recommends the Council deny the appeal, uphold the decision of the Planning Commission, and conduct first reading of the ordinance approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development), with conditions as shown. LP Admin~-nar~3-24-1133 ADMINISTRATIVE REPORT I MEETING DATE: March 24, 2004 I AGENDA SECTION: Consent Calendar ITEM: Ir3.~. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: March 12, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Code Relating to Fireworks (First Reading 3-10-04) RECOMMENDATION: Staff recommends referral back to Legislative and Litigation Committee. BACKGROUND: The ordinance was given first reading at the City Council meeting of March 10, 2004. At its meeting of February 23, 2004, the Legislative and Litigation Committee reviewed a citizen's request to amend Bakersfield Municipal Code Section 8.44.030 to prohibit a single non-profit organization from submitting more than one fireworks permit application. In the past, organization subunits within a single non-profit organization had been allowed to submit fireworks applications which provided a venue for increasing that organization's chances of winning a permit in the fireworks lottery drawing. After review, the Legislative and Litigation Committee felt that only one permit application should be allowed to be submitted per individual non-profit organization. Additionally, the Committee felt that non-refundable permit application fees should be charged to all organizations submitting an application--not just drawing winners--as staff must process and verify all applications prior to the drawing. Therefore, the Legislative and Litigation Committee recommended that Council approve the amendment of Bakersfield Municipal Code 8.44.030 to allow only one fireworks permit application per non-profit organization and to charge non-refundable permit application fees. During the March 10th Council meeting, Councilmember Maggard asked about the calculations of the application fee; requested a list of all permit holders, including "grandfathered" permit holders and also identifying charitable ones from those for-profit; and requested the pros and cons of eliminating the "grandfathered status. In staff's preparing the responses to Councilmember Maggard's questions, a number of other questions have arisen. They involve concerns about the grandfathering of for-profit booths; grandfathering of multiple booths for individual non-profits; questions regarding the number of booths and whether it is good public policy to continually increase the number of available booths based on population March 17, 2004, 2:33PM S:\'CrS~Leg-Lit-Com\Fireworks admin 032404.doc ADMINISTRATIVE REPORT increases; and concerns that all costs related to the oversight and regulation of the fireworks booths are not being fully recovered since work by some city employees involved in this process may not have been factored in to the proposed fee. The Fire Chief also has expressed concerns regarding the impact on fire safety due to an increase in the number of fireworks booths in the City. Staff is doing additional reseamh on how fireworks are regulated in other communities in order to provide the Council with a more complete picture of this issue, its implications and alternatives. This issue also is impacted by how fireworks stands are regulated in the unincorporated areas by the County since they also allow fireworks stands. Because of these concerns and the complexity of this issue staff is recommending that it be referred back to the Legislative and Litigation Committee for further study. March 17, 2004, 2:33PM S:\TrS~Leg-Lit-Ccm\Fireworks admin 032404.doc ADMINISTRATIVE REPORT MEETING DATE: March 24, 2004 AGENDA SECTION: Reports TEM: t~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 17, 2004 ./~. P./~,I:~OV E D DEPARTMENT HE(AD C,TY ATrO RN~Y~L_~ ~.)~ C,TY MANAGER Report on work to expand the City's Sphere of Influence Boundary, Municipal Services Report, and discussions with LAFCO about its role in City development. RECOMMENDATION: Accept report. BACKGROUND: Work is continuing on the expansion of the City's Sphere of Influence boundary and staff has met and discussed with LAFCO the issue of the Municipal Services Report that is being prepared for the City. In addition, the Planning Director participated in a LAFCO workshop to discuss LAFCO's role in evaluating proposed growth by cities and special districts. S:\Pam~.dmin\L_AFCO for Stan.dot