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HomeMy WebLinkAbout07/21/04_CC_AGENDA_PACKET(15 rain) (Ward 3) BAKERSFIELD CITY COUNCIL AGENDA JULY 21, 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. PRESENTATIONS Presentation by Danielle McKinney and Barry Zoeller, Vision 2020 Committee, regarding the Bakersfield Brand. Presentation by Mayor Hall and John Enriquez, Chairperson, Keep Bakersfield Beautiful, of certificate to In-N-Out Burgers, Panama Lane, for their efforts in keeping Bakersfield beautiful. Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman, Kern County Department of Human Services, proclaiming August 1, 2004 as "Kids Day in the City of Bakersfield." 3. PUBLIC STATEMENTS 4. APPOINTMENTS One appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust Group due to the expiration of term of Westley Rhodehamei, term expires August 1, 2004. Staff recommends Council determination. One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to the resignation of Jake Sweeny. Staff recommends Council determination. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of July 7, 2004. Payments: b. Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of $10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the amount of $130,285.71. Ordinances: First Reading of Ordinance amending Subsection 14.12.270(B) and repealing Section 14.12.410 and adding new Sections 14.12.410 through 14.12.417 of the Municipal Code relating to sewer permits and violations. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) fo Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone on 7.5+ acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center. (Developer: Cahan Properties) (File #04-0480) (Ward 6) (Ward 4) (Ward 4) (Wards3,4) (Ward 4) CONSENT CALENDAR continued Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11) of Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commemial Development) zone to a revised PCD (Planned Commercial Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest corner of Wilson and South Real Roads. (ZC03- 1514) (Derrels Mini Storage/Jim Marino) (First Reading 7/7/04) Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in enclosed areas. (First Reading 7/7/04) (Refer to Legislative and Litigation Committee) Resolutions: g. Brimhall Planned Drainage Area: 1. Resolution adopting the Brimhall Planned Drainage Area. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. (First Reading 7/7/04) Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal Commercial Gambling, which is on the November 2, 2004 Ballot. Resolution approving development plan review for construction of a 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Drive within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. Resolutions of Application proposing proceedings for two annexation areas that are uninhabited territories to the City, property identified as Annexation No. 466 located north of Snow Road, generally west of Calloway Canal and Annexation No. 467 located generally south of State Highway 178 (south of the Rio Bravo development), east of Comanche Drive. k. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract 5966 Unit 3 located west of Jewetta Avenue and north of Meacham Road. Final Map and Improvement Agreement with Jewetta Development Company, LLC, for Tract 6220 located north of Brimhall Road and east of Jewetta Avenue. I. Subdivision Plan Checking Services: 1. Agreement with Willdan ($150,000.00) to provide plan checking services. Appropriate $150,000.00 contribution to the Public Works Department Operating Budget within the Development Services Fund. 5o (Ward 1) (Ward 1) (Ward 3) (Ward 6) (Ward 4) (Ward 2) (Ward 2) (Ward 1) (Ward 2) (Ward 1) CONSENT CALENDAR continued m. Grant Agreement with Federal Aviation Administration (FAA) accepting grant offer in the amount of $150,000.00 for airport improvements. n. Ground Lease Agreement with David Donahue for purposes of construction an aircraft storage hangar at the Bakersfield Municipal Airport. o. Stream Alteration Agreement with State of California Department of Fish and Game for the seismic retrofit (bridge replacement) fo North Chester Avenue southbound bridge at the Kern River. p. Design Consultant Contract with Parsons Water and Infrastructure, not to exceed $3,800,000.00 to provide design services for the Wastewater Treatment Plant 3 - 2007 Expansion. q. Agreement with the Bakersfield Police Activities League describing the duties and obligations of the parties relating to the receipt and disbursement of the "Pass Through" Grant monies. r. Allen Road Sewer Improvement Project: 1. Amendment No. I to Consultant Design Agreement No. 03-378 with Meyer Civil Engineers, Inc. ($14,550.00, for a total amount of $137,825.00) for design services. 2. Appropriate $14,550.00 County share of project costs to the Capital Improvement Budget within the Sewer Enterprise Fund. s. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to extend the term of the lease at Centennial Garden for an additional seven years. t. Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company ($21,433.28, for a revised contract amount of $416,132.96) for the parking lot expansion at P Street and 14th Street. 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. Bids: v. Accept bid to award annual contract to Pestmasters Services, Inc., not to exceed budgeted amount of $73,000.00, for chemical application on City property. Accept bid to award contract to Griffith Company ($376,720.00) to construct East California Avenue Streetscape Project. Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845.00) for restoration of concrete decks at the Bakersfield Police Department Building. Accept bid to award contract to Colombo Construction, Co. Inc. ($148,581.00) to construction Wood Waste Recycle Maintenance Shed. Miscellaneous: Staff recommends adoption of Consent Calendar items a through y. 6o (Ward 5) (Ward 5) (Ward 2) (Ward 2) (Ward 2) CONSENT CALENDAR HEARINGS a. Consolidated Public Hearing to consider appeals by Mclntosh and Associates of the Planning Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087, Phase A, B and C, located south of Ming Avenue, east of South Allen Road. 1. Resolution upholding the Planning Commission's decision and denying the appeals by Mclntosh and Associates. Staff recommends hearing be continued to August 18, 2004 and referred to Planning and Development Committee. b. Consolidated Public Hearing to consider appeals by Public Works Department of the Planning Commission's decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of South Allen Road (Developer-Castle & Cooke), and Tract 6104, Phases 1 and 5, located north of Panama Lane and east of Buena Vista Road (Developer- Centex). 1. Resolution overturning the Planning Commission's decision and approving the appeals by the Public Works Department. Staff recommends hearing be continued to August 18, 2004 and referred to Planning and Development Committee. NEW BUSINESS a. John Q. Hammons Hotels Two, L.P.: 1. Amendment No. 3 to Agreement No. 94/59/RA94-5 with John Q. Hammons Hotels Two, L.P. to delete their role as concessionaire to the Convention Center, and deed the ballroom to John Q. Hammons Hotels Two, L.P. 2. Declaration of Easement and Cross-Easements between the City and John Q. Hammons Hotels Two, L.P. Staff recommends approval of amendment to agreement and declaration of easement and cross- easements. b. Amendment No. 1 to Agreement No. 03-099 with Aramark Entertainment, Inc. regarding a transfer of concession and alcohol services to Aramark in the Convention Center. Staff recommends approval of amendment to agreement. c. Sale of Holiday Inn Select to Brighton Management, LLC. in accordance with Section 701 of the Disposition and Development Agreement between the City and John Q. Hammons Hotels. Staff recommends Council authorize the sale of the Holiday Inn Select to Brighton Management. 4 8. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a) City of Bakersfield v City of Shafter, KCSC Case NYA. RECONVENED MEETING - 7:00 p.m. 10. 11. 12. 13. 14. 15. ROLL CALL INVOCATION by Father Dan Coyle, Sacred Heart Catholic Church. PLEDGE OF ALLEGIANCE by Rosebrooke Wolaver, 4th Grade Student at Stine Elementary School. CLOSED SESSION ACTION PUBLIC STATEMENTS COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 7/15/04 12:42pm AGENDA HIGHLIGHTS JULY 21,2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. APPOINTMENTS There will be one appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust Group, and one appointment to the Board of Directors of the North Bakersfield Recreation and Park District. CONSENT CALENDAR Ordinances: Item 5c. First Readinq of an Ordinance Amendinq the Municipal Code relatinq to Sewer Permits and Violations. City Staff, working with Carollo Engineers, has developed an Enforcement Response Pla, (ERP), required by federal law, that contains detailed procedures indicating how the City investigates and responds to instances of Industrial User (IU) noncompliance (illegal industrial waste discharge to the sanitary sewer system.) Item 5d. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from a PCD (Planned Commercial Development/Zone to a Revised PCD (Planned Commercial Development/ Zone on 7.5+ Acres Generally Located on the Southeast Corner of Mount Vernon Avenue and Statu Hiqhway 178. This project consists of development of a 48,183 square foot mixed use commercial shopping center. The square footage of the shopping center has been reduced from 67,300 due to substitution of a large retail store and in-line tenant building for a grocery store, and addition of restaurant and retail pads. There are four additional pads fronting Mount Vernon Avenue, two of which are planned for fast food restaurants. In February, 2001 Council approved C-2 (Commercial) zoning for the adjacent Home Depot site and required the remaining area west of Home Depot to be developed pursuant a PCD zone. This item complies with that GPA condition. In September, 2002, Council approved another PCD zone change which consisted of the original 67,300 square foot shopping center noted above. Several conditions related to traffic improvements along the extension of Mall View Road through the project site to Mount Vernon Avenue were adopted. These conditions have been carried over and included in the conditions of approval for this item. There is a remnant stretch of right-of-way, which had served as a frontage road paralleling Mount Vernon. The City retains the right-of-way for this frontage road to use in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. As previously conditioned, until that on-ramp project is ready for construction, staff recommends the developer install a landscape strip along the east and west sides of the right-of-way. One 10-foot wide landscape strip would be behind the sidewalk along the west side of this right-of-way that would be removed upon construction of the on-ramp project. The second landscape strip would be minimum 10-feet wide along the east boundary of the right-of-way and be permanent. A 10-foot wide landscape strip would also be constructed across the south boundary of the right-of-way. This landscaping would be maintained by the developer. Item 5f. Ordinance Amendinq the Municipal Code Related to Smokinq Requlations in Enclosed Areas. Questions were raised subsequent to the first reading on July 7th. Councilmember Benham requests that this issue be referred to the Legislative and Litigation Committee. Agenda Highlights July 21, 2004 Page 2 Resolutions: Item 5h. Resolution in Opposition to Proposition 68 Tribal Gaminq Compact Reneqotiation, Non-Tribal Commercial Gamblinq, which is on the November 2, 2004 Ballot. Proposition 68 authorizes the Governor to renegotiate tribal-state compacts in an attempt to boost revenues for additional child protective services, police and fire. It authorizes up to 30,000 slot machines at certain California racetracks and card rooms, located in Los Angeles, San Diego, Contra Costa, Alameda, Orange, and San Mateo Counties, un~ess all Indian tribes with existing tribal compacts agree to specified terms. It benefits specific owners of racetracks and card clubs in those counties, and exempts them from state and local laws, including CEQA and zoning laws, as well as new or increased state or local taxes, fees or levies. Proposition 68 is opposed by public safety groups including the California Police Chiefs Association and the California State Firefighters Association due to the serious link between large scale casino gambling and crime. Passage of this Proposition would pose an additional drain upon local government for local services including infrastructure (streets, roads, facilities) and public safety (police and fire), leaving no discretion to allocate funds to respond to local needs and priorities. Vice Mayor Couch respectfully requests Council approval of the resolution in opposition to Proposition 68. Aqreements: Item 51. Aqreement with Wildan for Subdivision Plan Checkinq Services in the amount of $150,000. The Subdivision Section of the Public Works Department currently has a nine-week backlog for improvement plan check. In order to reduce the backlog and regain an acceptable service level for the development community, the Building Industry Association (BIA) will fund, through a donation of $150,000, a consultant contract for plan checking services on a short-term basis. This contract is contemplated to be for a period of six months to a year. Three Statements of Qualifications (SOQ's) were received. Based on the City's Qualification Based Selection process, staff recommends award to Wildan. Item 5p. Desiqn Consultant Contract with Parsons Water and Infrastructure to Provide Desiqn Services for the Wastewater Treatment Plan 3 - 2007 Expansion, in an amount not to exceed $3,800,000. The rapid growth in housing on the west side of Bakersfield will cause the existing treatment capacity in Wastewater Treatment Plant 3 to be exceeded in 2007. The first step in this process is to hire a design consulting firm to study the current and future treatment issues, develop a facility plan, and design construction plans for the expansion. Five firms responded to the Request for Proposals. These firms were interviewed by a selection committee and ranked on their qualifications, ability to perform the work, and understanding of the project requirements. Based on the interviews, the top ranked firm was Parsons. Parsons also provided the best value to the City because of their highly qualified team of professionals, experience, ability to coordinate and deliver a large design project within a compressed delivery schedule, and their Fee Proposal. Item 5s. Amendment No. 4 to Aqreement No. 97-181 with Fl¥inq Puck LLC (Bakersfield Condors) to Extend the Term of the Lease at Centennial Garden for an Additional Seven Years. The City's current lease with the Condors contains two seven-year renewal options if terms of renewal are successfully negotiated. A summary of significant changes includes: Basic rent will increase from $5,464 to $6,150 per game; lease costs are converted from a per-season amount to a per-game amount; and the suite pass through format was changed from a percentage of the total lease revenue to, essentially, a flat fee, and a performance incentive has been added. The lease renewal overall is quite standard, and in keeping with past fees plus reasonable inflationary cost increases. Agenda Highlights July 21,2004 Page 3 Bids: Item 5w. Award Contract to Griffith Company to Construct the East California Avenue Streetscape Proiect in the amount of $376,720. The East California Avenue Streetscape Project will provide landscaped median islands from Union Avenue to King Street. Funding is provided by the U.S. Department of Housing and Urban Development (HUD). This project is part of the $2 million improvements for Southeast Bakersfield. Two acceptable bids were received. Staff recommends award to Griffith Company. Item 5x. Award Contract to Best Roofinq & Waterproofinq, Inc. for Restoration of Concrete Decks at the Bakersfield Police Department Buildinq in the amount of $38,845. The work to be performed consists of, in general, of power washing the decks outside the parapet wails on the roof and the decks outside the second floor; and coating both decks with new waterproofing material. Current funds budgeted for this project are $40,000. Two acceptable bids were received. Staff recommends award to Best Roofing & Waterproofing, Inc. CONSENT CALENDAR HEARINGS items ea. Consolidated Hearinq to Consider Appeals by Mclntosh & Associates of the Planninq Commission's Decision to Deny Extensions of Vestinq Riqhts for Tract 6086, and Tract 6087 - Phases A, B, and C; and Item 6b. Consolidated Hearinq on Appeals by the City's Public Works Department of the Planninq Commission's Decision to Approve the Request to Extend Vestinq Riqhts for Tract 6087 - Phase D, and Tract 6104 - Phases 1 and 5. The two hearings are related, although they involve two different actions by the Planning Commission being appealed. Both involve requests for extension of vesting rights. A subdivider has vesting rights for a one-year period beginning on the date of map recordation. Once it expires, the Traffic Impact Fee for each residence, as determined by a resolution approved in September 2003, is $5,780. Council also approved, in September 2003, a resolution increasing the Park Development Fees from $647 to $1,275 per unit. Should the vesting rights be extended for one year for the Tracts noted in Item 13a., it is estimated that $390,258 in these fees would not be collected. The request for extension of vesting rights was approved for the Tracts noted in Item 13b. The reason given for approval was that the three maps had had building permits issued, so the developer was making progress; therefore it would be appropriate to extend the vesting rights. The fees lost to the City should this approval not be overturned total $170,565. The key issue on both these appeals is the loss of revenue to the City of approximately $560,823. Representatives from Castle & Cooke met with staff and explained certain characteristics of their subdivisions which may be unique and worthy of additional discussion with a Council committee. It is recommended that these cases be referred to the Planning and Development Committee for additional review. NEW BUSINESS Item 7a. Amendment No. 3 to Aqreement No. 94-59/RA94-5 with John Q. Hammons Hotels Two, L.P. to Delete their Role as Concessionaire to the Convention Center, and Deed the Ballroom to John Q. Hammons Hotels Two, L.P., and Declaration of Easement and Cross-Easements. One provision in the original agreement gave concession and catering rights within the Convention Center to the hotelier. This development amendment would give up that right, except that the hotel would continue to cater events it books. Agenda Highlights July 21, 2004 Page 4 AS a trade off for giving up this service, the hotel would like the City to deed them the hotel ballroom. Staff views this as largely a technical change since the ballroom itself is controlled by the hotel without rent for ten more years with two additional five-year extensions. There is also a cross easement document tied to this, which simply clarifies access and related questions on revised property lines and common areas. Staff believes that these changes will improve customer service, satisfaction and consistency, and are of significant advantage to implement at this time. Item 7b. Amendment No. 1 to Aqreement No. 03-099 with Aramark Entertainment, Inc., reqardinq a Transfer of Concession and Alcohol Services to Aramark in the Convention Center. This amendment will reflect the new concession responsibilities and dovetails with the Hammons agreement (Item ea., above) in that Aramark will assume the concession and alcohol service responsibilities at the Convention Center previously handled by Hammons. Aramark currently provides concession and catering service to the Centennial Garden. The City will receive 30% of the gross receipts in concessions and alcohol, which are essentially the same terms as provided for under the Hammons agreement. Item 7c. Sale of Holiday Inn Select to Briqhton Manaqement, LLC. When the Holiday Inn Select was constructed, the development agreement gave to the City the right to review and approve its sale or transfer. We have received a request from the Hammons firm to authorize the sale to Brighton Management, LLC. Staff has checked references on other Brighton Hotels. We have also reviewed their financial statements and completed background checks. Based on these reviews and the information forwarded to us, we believe approval of the transfer is in the best interest of the City and recommend that Council approve the transfer. This transfer comes as no surprise as it is a normal and customary part of the hotel business generally and Hammons in particular. The various items on the agenda dealing with the hotel in advance of this one have been coordinated with the purchaser so they are aware of and accept the changes. CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation and one potential initiation of litigation. Approved: Alan Tandy, City Manager cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Presentations ITEM: <:~. o,.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall July 8, 2004 DEPARTMENT HEAD~D CITY ATTORNEY c TY MA.AGE. Presentation by Danielle McKinney and Barry Zoeller, of Vision 2020 Image Committee, regarding the Bakersfield Brand. RECOMMENDATION: BACKGROUND: ndw July 8, 2004, 4:03PM S:\MAYOR~,DMIN\VISION 2020 IMAGE COMMITTEE RE BRAND AND MONUMENTS.dot ADMINISTRATIVE REPORT MEETING DATE: July 21. 2004 AGENDA SECTION: Presentations ITEM: ,,~.. b. TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall July 8, 2004 DEPARTMENT HEAD 0,_~ CITY ATTORNEY CITY MANAGER ~"~/-.~ SUBJECT: Presentation by Mayor Harvey L. Hall and John Enriquez, Chairperson of Keep Bakersfield Beautiful, of Certificate to In-N-Out Burgers on Panama Lane, for their efforts in keeping Bakersfield beautiful. RECOMMENDATION: BACKGROUND: ndw July 8, 2004, 3:37PM S:\MAYOR~ADMIN\IN AND OUT BURGERS CERTIFICATE.dot ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Presentation ITEM: 5. C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Vice - Mayor David Couch.~ ~ July 9, 2004 APPROVED DEPARTMENTHEAD (/~ J CITY ATTORNEY - ClTY MANAGER ~ Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman Kern County Kids Day, proclaiming August 1, 2004 as "Kids Day in the City of Bakersfield." RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Appointments ITEM: L~, ~. r TO: FROM: DATE: SUBJECT: H°norable Mayor and City Cou,,~l~ / APPROVED Pamela A. McCarthy, City CI ke~..~D,M-~' DEPARTMENT HEAD July 9, 2004 CITY ATTORNEY CITY MANAGER One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Westley Rhodehamel, term expires August 1, 2004. RECOMMENDATION: StaffrecommendsCouncildetermination. BACKGROUND: One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration of term of Westley Rhodehamei, public member whose term expires August 1, 2004. An application to fill the expired term has been received from the following individual: · Westley Mitchell Rhodehamel The Trust Group is comprised of five members including one representative from the City of Bakersfield; one from the County of Kern; and three advisory members. Mandatory advisors to the Trust Group include the California Department of Fish and Game; the U.S. Fish and Wildlife Service; and an appointed City/County "member of the public" who serves a two year term in which the City and County alternate the appointment. The public member is not required to live in a specific ward, however he/she must be a City resident and possess some knowledge of the workings of the Metropolitan Bakersfield Habitat Conservation Trust Group. The Trust Group develops and adopts rules and regulations governing the conduct of the Agency and assists in the implementation of a joint City of Bakersfield/County of Kern conservation program which addresses State and Federal Endangered Species Law. The public member acts in an advisory capacity to the Trust and provides input on decisions regarding preserve land acquisition and management. Meetings are held on scheduled dates at the Kern County Administrative Building. rg July 9, 2004, 11:45AM S:\Bds&Comm\MetroBHTG~Admir~ 04,dot ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Appointments ITEM: ~, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk APPROVED DEPARTMENT HEA~ June 25, 2004 CITY ATTORNEY__ MANAGER One appointment to the Board of Directors of the North Bakersfield Recreation a~d Park District, due to the resignation of Jake Sweeny. 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 resignation of Jake Sweeny, whose term expires December 20, 2007. The news release was posted May 6, 2004. An application for appointment has been received from the following: · William Kent O'Rullian · Stuart J. Patteson A copy of Mr. O'Rullian's and Mr, Patteson's applications are provided for your information. The five member District Board has the responsibility of providing the District 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 representatives 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&P\admin July 2004.dot ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 IAGENDA SECTION: Consent Calendar ITEM: .~, o~. TO: FROM: DATE: Honorable Mayor and City C~uncil Pamela McCarthy, City Clerk July 9, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the July 7, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval, BACKGROUND: APPROVED kt MEETING DATE: ADMINISTRATIVE REPORT July 21, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 9, 2004 APPROVED DEPARTMENT HEAD ./f,/~'(~ CITY ATTO RN Ey..~._~/~'?-~'' CITY MANAGER ~r'~_.~)'~'~ Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of $10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the amount of $130,285.71. RECOMMENDATION: Staff recommends approval of payments totaling $10,546,805.33 BACKGROUND: klg July 9, 2004, 9:32AM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 AGENDA SECTION: Consent Calendar ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director July 8, 2004 APPROVED DEPARTMENT HEAD CITY A'rFORNEY CITY MANAGER An Ordinance amending subsection 14.12.270(B) and Repealing Section 14.12.410 and Adding New Sections 14.12.410 through 14.12.417 of the Bakersfield Municipal Code Relating to Sewer Permits and Violations. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: As specified in 40 CFR 403.8(f)(5), the City of Bakersfield is required by federal law to develop an Enforcement Response Plan (ERP). City Staff, working with Carollo Engineers, has developed an ERP that contains detailed procedures indicating how the City investigates and responds to instances of Industrial User (IU) noncompliance (illegal industrial waste discharge to the sanitary sewer system.) This ERP provides guidance for actions taken in response to all types of IU violations; the time periods within which responses will take place; and identifies the official(s) responsible for each type of response. The trial period has concluded and the staff has modified the procedures to make them most suitable for the City's operation and is ready to have the ERP finalized. In order for the ERP to work, the Municipal Code sections listed above must be repealed or amended. These Municipal Code revisions are necessary to give City staff authority to enact the ERP to control illegal discharges of industrial waste to the sewer system and to prevent damage to our wastewater treatment plants and the environment. The actions required are to amend subsection 14.12.270(B), to repeal section 14.21.410, and to add new sections 14.12.410 through 14.12.417. City staff will, after adoption of the ordinance amendment, recommend the adoption of the Enforcement Response Plan. ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 IAGENDA SECTION: Consent ITEM: 5. cL.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 7, 2004 D EPARTM ENTH EA~...j.~. CITY ATTORNEY ~/~:~"~ CITY MANAGER Ordinance adopting a negative declaration and amending Section 17.06.020(Zone Map No.103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone on 7.5± acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center.(Developer: Cahan Properties) (File # 04-0480) (Ward 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On July 1, 2004, the Planning Commission recommended approval of PCD Zone Change #04- 0480 to allow development of a mixed use commercial shopping center. The project site is located at the southeast corner of State Highway 178 and Mount Vernon Avenue. The shopping center proposed by Zone Change #04-0480 reduces the total building square footage of the previously approved PCD from 67,300 to 48,183 square feet. The previously approved grocery store building has been changed to depict a large retail store (OfficeMax) and an in-line tenant building. In addition, a restaurant pad and retail pad have been added. Four pads fronting Mount Vernon Avenue remain. Building plan checking is nearly complete on two of these for pads for fast food restaurants. No one spoke at the public hearing and the applicant has agreed all the conditions of approval. Past actions on the project site include approval of General Plan Amendment and concurrent Zone Change #P00-0744 on February 14, 2001. The Council approved General Commercial land use designation on the project site and the adjacent Home Depot property, which covered 27.9 acres. Council approved C~2 (Commercial) zoning for the Home Depot site and required the remaining area west of Home Depot to be developed pursuant a PCD (Planned Commercial Development) zone. PCD ZC #04-0480 complies with the GPA condition to develop the property under a PCD zone. ADMINISTRATIVE REPORT Page 2 In September 2002, the City Council approved PCD Zone Change 02-0263. This PCD consisted of 67,300 square foot shopping center including a grocery store and four fast food restaurants. Much of the discussions focused on internal circulation of the shopping center. Several conditions related to traffic improvements along the extension of Mall View Road through the project site to Mount Vernon Avenue were adopted. These conditions have been carried over and included in the conditions of approval for PCD Zone Change 04-0480. The developer is required to extend the second east bound lane and channelize to provide a trap right turn lane at the first north-south parking aisle. Street improvements along Mt. Vernon Avenue have been completed with the Home Depot construction. The proposed architecture of the OfficeMax and in-line tenant building depicts single story buildings. The color scheme inctudes brown and beige stucco finish on the top half of the buildings, and split-face block on the bottom half of the front elevation. Red metal batons and round steel columns provide contrasting accent. A decorative cornice runs along the roofline of the in-line tenant building. The elevation of the retail pad building continues the same brown/beige stucco finish with block pilasters. A cornice trims the roofline and red metal columns accent the main entrance. The restaurants each have an oversized parapet over the entrance and carry the similar color schemes as the retail buildings. The landscape plans depict the silk tree, fern pine and afghan pine. Shrubs and ground cover include daylilies, privets India hawthorn star jasmine and turf. Most of the applicant's landscaping plan appears to be consistent with Zoning Ordinance requirements, except for minor additions, including but not limited to installing a 7-foot wide landscape strip along the entire south boundary of the commercial site, providing the 40% shade coverage, and additional trees in some parking areas and building frontages. Final landscape plans are required to comply with the Zoning Ordinance. Based on ordinance requirements, the proposed 7.5 acre shopping center would require a minimum 345 parking spaces. The site plan shows 345 parking spaces. However, the required Fire Lane adjacent the in-line retail building eliminates 14 parking spaces. The developer shall need to reduce building square footage to meet the parking ordinance requirements. The site plan depicts shared drive aisles and internal street connection between the subject property and Home Depot. A covenant or easement for reciprocal parking and access is required. There is a remnant stretch of right-of-way, which had served as a frontage road paralleling Mount Vernon Avenue as access to an existing church located north of the shopping center. As a condition of the approval for related GPA #P00-0744, this frontage road would not be used for traffic. Access to the church is now provided through the shopping center between the Home Depot and this shopping center site. The City retains the right-of-way for this frontage road to use in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. As previously conditioned, until that on-ramp project is ready for construction, staff recommends the developer install a landscape strip (per Landscape Ordinance standards) along the east and west sides of the remnant right-of-way. One 10-foot wide landscape strip would be behind the sidewalk along the west side of this right-of-way that would be removed upon construction of the on-ramp project. The second landscape strip would be minimum 10-feet wide along the east boundary of the right-of- way and be permanent. A 10-foot wide landscape strip would also be constructed across the south boundary of the remnant right-of-way. This landscaping would be maintained by the developer. Staff is of the opinion that these requirements would greatly enhance the aesthetics of the ADMINISTRATIVE REPORT Page3 shopping center from Mount Vernon Avenue (an arterial street) and reduce confusion of drivers seeing regular travel lanes on Mount Vernon Avenue and a frontage road that is no longer in use. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised in accordance with CEQA. JE Admin~july\7-21-0480 ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent TEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 7, 2004 DEPARTMENT HEA~ .;~'~.~ CITY ATTORNEY~~ CITY MANAGER An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest corner of Wilson and South Real Roads (FILE # 03-1514) (Derrels Mini-storage/Jim Marino) (Ward 6) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading on July 7, 2004. On May 20, 2004, the Planning Commission recommended approva~ of a PCD (Planned Commercial Development) zone to allow a 122,000 square foot self-storage and recreational vehicle storage facility on 5.97 acres located on the northwest corner of Wilson and South Real Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located on the south side of Wilson Road. Only the applicant spoke at the Planning Commission hearing. No one spoke in opposition to the project. The applicant held a neighborhood meeting on February 23, 2004 at Stine School. The applicant sent notices to property owners within 300 feet of the project inviting them to attend an informational meeting regarding the proposed mini storage project. The meeting was held with no one attending or making comments. This in-till project will be developed in two phases. The first phase will include completion of the perimeter storage buildings on all sides totaling approximately 86,400 square feet of building area. Aisc included in the first phase are all street improvements, and landscaping. The perimeter storage walls are proposed at 8'4" in height as is typical with Derrel's facilities. No setback is proposed along the rear and side yards for the perimeter structures. The rear of these perimeter buildings serve as the perimeter walls for the project. A minimum 6-foot high masonry wall is required along the portions of the perimeter where no structure is located. ADMINISTRATIVE REPORT The interior of the project would be rough graded and covered with a gravel base with Phase 1. These graveled areas are for covered and uncovered temporary RV storage. Phase 2 of the project is the removal of the RV storage and construction of the interior storage buildings. The timing of Phase 2 is dependent upon market demands. The RV storage is intended to be temporary until there is a demand for constructing the interior storage units. Some of the RV storage will provide covers that range from 12 feet to 15 feet in height. The applicant indicates options for RV covers include shade structures with open sides, partially enclosed and fully enclosed shade structures. The applicant has agreed to several conditions of approval to address lighting, security camera placement and pole heights that limit intrusion into the adjacent residential neighborhood. These conditions mirror conditions the Council recently attached to a Derrels mini-storage project in a similar setting on Wible Road, south of Panama Lane. In 1979, the developer at the time deeded 30-feet of land to each single family residential lot along the west boundary. This additional 30-feet has extended the back yards of the homes, and created a buffer between the homes and the commemial development. The previous PCD plans approved for the project site included a mix-use retail shopping center (Zone Change 4956 approved in 1990) and a stand-alone grocery store (Zone Change 5442 approved in 1993). Neither of these projects were built and the property has remained undeveloped. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised in accordance with CEQA. JE Admin\jul\7-21-1514 ADMINISTRATIVE REPORT ME~- I lNG DATE: July 21,2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney July 16, 2004 APPROVED DEPARTMENT HEAD CITY ATI'ORNEY //~.~ An Ordinance adding Section 15.64.055 to the Bakersfield Municipal Code related to smoking regulations within enclosed areas. RECOMMENDATION: Staff recommends referral to the Legislative and Litigation Committee. BACKGROUND: The ordinance received first reading at the July 7, 2004, City Council meeting. California law prohibits smoking in most places of employment. It also provides that to the extent State law does not regulate smoking of tobacco products, local laws may be implemented. This ordinance basically adopts State standards regarding smoking and fills the loophole in State law by prohibiting smoking lounges to be located in or adjacent to bars. Most importantly, and in addition to criminal or civil enforcement, this ordinance allows for more effective enforcement by allowing the Fire Chief or his designee to enforce violations of the ordinance administratively through fines. ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 AGENDA SECTION: Consent Calendar ITEM: ,~. 9' TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 13, 2004 CI'I'Y ATTORNEY CITY MANAGER SUBJECT: Brimhall Planned Drainage Area: (Ward 4) 1. Resolution adopting the Brimhall Planned Drainage Area, Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. (First Reading 7/7/04) RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance. BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the area north of Brimhall Road and between Jewetta Avenue and Verdugo Lane. The proposed system will consist of a pipeline system that will drain water to a central basin. Funding for this project would be through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate share of the cost of this project. July 13, 2004, 9:41AM G;\GROUPDAT'~,DMINRPT\2.004\07-21\BrimhaII-Admin_Adopt of Res. DOC Cv ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD July 9, 2004 CITY ATi'ORNEY Resolution in Opposition to Proposition 68 Tribal Gaming Compact Renegotiat~n, Non- Tribal Commercial Gambling, which is on the November 2, 2004 Ballot RECOMMENDATION: Vice Mayor David Couch recommends approval by the full Council. BACKGROUND: Proposition 68 authorizes the Governor to renegotiate tribal-state compacts which has been determined by the Legislative Analyst to have a fiscal impact of increasing local government revenues of likely over $1 billion annually from new gambling, and which would be used primarily for additional child protective services, police and fire. Several very real concerns are incorporated within the measure. It authorizes up to 30,000 slot machines at certain California racetracks and card rooms, located in Los Angeles, San Diego, Contra Costa, Alameda, Orange, and San Mateo Counties, unless all Indian tribes with existing tribal compacts agree to specified terms. It benefits specific owners of racetracks and card clubs, primarily in Southern California, and exempts them from state and local laws, including CEQA and zoning laws, as well as new or increased state or local taxes, fees or levies. There is a direct correlation between gambling and crime which will pose an additional drain upon local government for local services including infrastructure (streets, roads, facilities) and public safety (police and fire), leaving no discretion to allocate funds to respond to local needs and priorities. Proposition 68 is opposed by public safety groups including the California Police Chiefs Association and the California State Firefighters Association due to the serious link between large scale casino gambling and crime. Vice Mayor Couch respectfully requests Council approval of the resolution in opposition to Proposition 68. July 9, 2004, 11:07AM P:\L&L~,dmin Reports~ADM0407211-Prop68Resolution.dcc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent ITEM: ,~. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 12, 2004 /,~PJ:IOVED DEPARTMENT CITY ATTORN YE~ ~ CITY MANAGER Resolution approving development plan review for construction of 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Drive within an R-2 PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. (Ward 4) RECOMMENDATION: Adopt the resolution approving the P.U.D. development plan for River Ranch Drive. BACKGROUND: The Planning Commission approved the P.U.D. development plans on June 3, 2004. City Council approved the R-2/P.U.D. zoning for the site on February 11, 2004. The proposed project is located on 400 feet south of Brimhalt Road, approximately 1,000 feet west of Coffee Road. In addition to the Planning Commission hearing, this project has received previous public hearings and approvals that include General Plan Amendment and Zone Change #03-1178 approved in February 2004 changing the land use entitlements from commercial to multiple family residential. On May 20, 2004, the Planning Commission also approved Vesting Tentative Tract Map 6295 for this project. In all, there have been four noticed public hearings on this project. The project was also featured in an article in the Bakersfield Californian. No appeals were filed on the Planned Development Review or any of the related applications. In accordance with the ordinance requirement of the R-2/PUD designation, the site plan for this development is a perfunctory action before the City Council. Council's consideration of this development plan review is limited to architectural design. Since the Planning Commission approval in June, several residents have contacted staff to voice concerns with increased traffic and the location of the entrances to the apartment development. The proposed project is adjacent to an established single and multiple family residential neighborhood. The northernmost primary access is off River Ranch Drive, a local street, which currently carries multiple family and single family residential traffic from Brimhall Road into the neighborhood and the project area. The second access is from Fox Run Drive, a local street, which was planned to extend from the single family residential neighborhood to the east into the ADMINISTRATIVE REPORT project area. Both access points to the project will be gated. The concern has to do with the multiple family residential traffic sharing the existing streets that serve the neighborhood. The project consists of primarily four-plexes on 40 lots to be constructed in two phases for a total ef 159 units. The recreational amenities include an office/clubhouse with swimming pool and an open space turfed area. The typical design is for two buildings to front onto a common drive to access garages. The unit facing the street depicts architectural features such as arch facades, window with exterior trim, and varying rooflines and gables. The gated private street has 90 degree angle parking to serve as guest parking. The development is required to provide a minimum of 477 parking spaces per ordinance. There are 441 regular parking spaces shown on the proposed site plan. In addition, there are 318 tandem spaces. The tandem spaces are located in the front of the garages. A total of 759 spaces are shown on proposed site plan. The project would be short about 51 regular parking spaces. Per BMC Section 17.58.110 (3), the Planning Director may approve tandem spaces to be counted toward meeting the minimum parking requirements. Tandem spaces must be the standard size of a regular parking space at 9' wide x 18' long. The tandem parking provided for each unit would more than accommodate the shortage of regular parking spaces No parking shall be allowed along the bulb portion of the cul-de-sacs in order to provide enough turning clearance for emergency (fire trucks) and public service (garbage trucks). In order to provide for the visual relief along the street frontages, the applicant has alternated the parking areas with landscaped areas. These landscaped areas provide for the meandering sidewalk. The end unit faces the street. The resulting visual appearance is consistent with the intent of the City's ordinance of providing staggered setbacks along the street for multiple family dwellings with 4 units or less. The single-story apartment units will be constructed of stucco with brick and wood trim, will be painted earth tones and will have tile roofing. There are four different elevations proposed. The elevations show alternate window shapes and treatments, such as shutters, plant ledges, and different patterns in the windowpanes. Parapets are shown in varying widths and heights. The landscaping ptan depicts a variety of evergreen and deciduous tress including Bay Laurel, southern magnolia, evergreen Chinese elm, red oak, red maple, white alder, ash, Chinese pistache, crape myrtle and palm trees. Hypercium, star jasmine, ice plant, gazania and turf are the proposed ground covers. At a minimum, landscaping shall conform to the City's Zoning Ordinance. The project site is an infill project and is ideally located for a multi-family residential development. The site is in close proximity to existing and future commercial services, schools and parks. Residents could walk or bike a short distance to jobs and services. Based upon an initial environmental assessment in conjunction with related Vesting Tentative Tract Map 6295, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared. JE Admin\7-21-0518 ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 IAGENDA SECTION: Consent ITEM: ~ ~, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 7, 2004 ~/~ROVED DEPARTMENT HE~_~ CITY A'I-fORNE~¢/ CITY MANAGER SUBJECT: Resolutions of Application proposing proceedings for two annexation areas that are uninhabited territories to the City of Bakersfield property identified as Annexation No. 466 located north of Snow Road, generally west of the Calloway Canal and Annexation No. 467 located generally south of State Highway 178 (south of the Rio Bravo development), east of Comanche Drive. (Wards 4 & 3) RECOMMENDATION: Staff recommends adoption of both resolution. BACKGROUND: The resolutions of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 466 located north of Snow Road, generally west of the Calloway Canal on 102.57 acres and Annexation No. 467 located generally south of State Highway 178 (south of the Rio Bravo development), east of Comanche Drive on 620 acres to the City of Bakersfield. The property owners have consented to annexation. The owners want to receive city services. MO p:admin\july\7-21-466&467 ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent Calendar TEM: _~. ~. J TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 30, 2004 Tract Maps and Improvement Agreements DEPARTMENT HEAD ./~.~ROVED p.. - CITY ATTORNEY.~__~ CITY MANAGER ~ Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract 5966 Unit 3 located west of Jewetta Avenue and north of Meacham Road. (Ward 4) Final Map and Improvement Agreement with Jewetta Development Company, LLC, for Tract 6220 located north of Brimhall Road and east of Jewetta Avenue. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. 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. July 6, 2004, 9:31AM G:\GROUPDAT~ADMINRPT\2004\07-21\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 IAGENDA SECTION Consent Calendar ITEM: ..~. (. TO: Honorable Mayor and City Council .~,~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 13, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Subdivision Plan Checking Services: 1. Agreement with Willdan ($150,000) to provide plan checking services. 2. Appropriate $150,000 contribution to the Public Works Department Operating Budget within the Development Services Fund. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The Subdivision Section of the Public Works Department continues to receive an unprecedented number of submittals for plancheck and currently has a 9 week backlog for improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to reduce the plancheck backlog and regain an acceptable service level for the development community, the Building Industry Association (BIA) has proposed to fund, through a donation, a consultant contract for planchecking services on a short term basis. This contract is contemplated to be for a period of 6 months to a year and is intended to bring the plancheck backlog to a level that can be handled by City staff. On June 3, 2004, the City of Bakersfield Public Works department issued a Request for Qualifications and Proposals (RFQ&P). Three Statement of Qualifications (SOQ's) were received by the deadline of June 25, 2004. Staff has reviewed all of the SOQ's using the City's Qualification Based Selection process. As a result of that process, the consultant contract is being awarded to Willdan. Exhibit "B" "Statement of Qualifications and Proposal for Improvement Plan and Final Map Review Services" ON FILE WITH THE CITY CLERK DUE TO ITS BULKY NATURE raps July 13, 2004, 11:02AM G:\G ROUPDAT~ADMINRPT~2004\07-2 l\Plaocheck Consultant. doc ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 AGENDA SECTION: Consent Calendar ITEM: ,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 8, 2004 /~PPROVED DEPARTME"THEAD ['~':~--- . ClTY ATrORNEY /~ ClTY MANAGER ~ Federal Grant offer from the Federal Aviation Administration (FAA) in the amount of $150,000 for airport improvements. (Ward 1) RECOMMENDATION: Staff recommends acceptance of the grant offer. BACKGROUND: The FAA has established entitlement grants to Airport facilities for non-revenue generating projects and maintenance. The amount dedicated to the Bakersfield Municipal Airport for fiscal year 2004 is $150,000. The funds will be used to prepare a portion of the airport south of Planz Road for aircraft hangars. The City is required to provide matching funds in the amount of $7,500 (5%). Funds are available in the General Aviation Fund. Accepting this grant will commit the City to keep the Airport operational for a minimum period of 20 years from the date of the grant per FAA grant assurances. PW_BBU July 8, 2004. 10:24AM G:\GROUPDAT~ADMINRP'F~2004\07-21\FAA 2004 Grant.doc ADMINISTRATIVE REPORT I..MEETING DATE: July 21,2004 AGENDA SECTION: Consent Calendar ITEM: ~. rt. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 8, 2004 DEPARTMENT HEAD CITY ATTORNEY~..//~'~ CITY MANAGER Ground Lease Agreement with David Donahue for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. (VVard 1) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of allowing the construction of owner-hangars. Currently there are 16 such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period of 20 years with the option of two 5-year extensions. The approximate size of the storage hangars is 2,500 square feet. This Jand lease generates $60 per month in revenue. BBU:maw July 12, 2004, 12:45PM G:\GROUPDAT'~ADMINRPT~2004\07-21\Hangar Lease AgrmtDonahue.doc ADMINISTRATIVE REPORT MEETING DATE: July 2 t, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. O, TO: Honorable Mayor and City Council APPR~O/~/ED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: June 29, 2004 CITY A'I-DORNEY CITY MANAGER SUBJECT: Stream Alteration Agreement between the California Department of Fish and Game and the City of Bakersfield for the seismic retrofit (bridge replacement) of North Chester Avenue southbound bridge at the Kern River. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City of Bakersfield has a project for the seismic retrofit of the North Chester Avenue southbound bridge over the Kern River. During strategy meetings for the design of the retrofit, the committee determined that it was most cost effective to replace the existing bridge structure entirely. In order to remove the existing bridge structure and construct the new bridge, the construction will require alteration to the stream at this location to excavate and construct the new bridge foundation and structure. This agreement sets forth conditions to mitigate the project's impacts in the river bed. The construction contractor will be required to comply with these conditions; the terms of this agreement will be included in the construction contract. June 29, 2004, 1:10PM G:\G ROU P DAT~ADMI N R PT~.004\07-28\DF&G AgreementNorlhChester.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION Consent Calendar TO: Honorable Mayor and City Council AP/PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 8, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Design Consultant Contract with Parsons Water and Infrastructure, not to exceed $3,800,000, to provide design services for the Wastewater Treatment Plant 3 - 2007 Expansion. RECOMMENDATION: Staff recommends approval of design services agreement to perform consulting and design services for the expansion of Wastewater Treatment Plant 3. BACKGROUND: The rapid growth in housing on the west side of Bakersfield will cause the existing treatment capacity in Wastewater Treatment Plant 3 to be exceeded Jn 2007. The current capacity of the plant is 16 million gallons per day (MGD). Plant 3 will be expanded to 24 MGD to accommodate the new housing and the growth of the Dreyer's Grand Ice Cream Plant. The 1st step in this process is to hire a design consulting firm to study the current and future treatment issues, develop a facility plan, and design construction plans for the expansion. The project will be the most costly capital project ever undertaken by the City and given that there is only 3 years to design and build the expansion, the qualifications and experience of the design firm is very important. City Staff issued a Request for Proposal (RFP) and received responses from 5 design firms. These firms were interviewed by a selection committee and ranked on their qualifications, ability to perform the work, and understanding of the project requirements. The selection committee ranked all the firms without knowledge of the Fee Proposals. The top ranked firm was Parsons Water and Infrastructure of Pasadena California. After a review of the Fee Proposals it was decided that Parsons also provided the best value to the City because of their highly qualified team of professionals, experience, ability to coordinate and deliver a large design project within a compressed delivery schedule, and their Fee Proposal of $3,386,776. W~NTP_DWhitten - July 9, 2004, 8:46AM G:\G ROU P DAT~A DMIN R PT~2.004\07-21 \parsons admin.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent ITEM: 9. ~ TO: FROM: DATE: Honorable Mayor and City Council William R. Rector, Chief of Police June 29, 2004 DEPARTMENT HEAD CITY ATTORNEY~._./ CITY MANAGER SUBJECT: Bakersfield Police Activities League "Pass Through" Grant Agreement between the City of Bakersfield and the Bakersfield Police Activities League describing the duties and obligations of the parties relating to the receipt and disbursement of the grant monies. RECOMMENDATION: Staff recommends entering into the Agreement. BACKGROUND: On May 26, 2004 the Council adopted Resolution 191-04, to act as a unit of local government to "pass through" funding to the Bakersfield Police Activities League in compliance with Title V Grant funding. The Council also appropriated $172,000 in Title V Grant funding to the Police Department for "pass through" to the BPAL ( refer to Agenda Item 4m). In order to determine the duties and obligations of both the City of Bakersfield and the BPAL, related to receipt, disbursement management and documentation of the grant monies, and compliance with the terms of the grant, both parties are desirous of entering in to this Agreement. This agreement defines the relationship and responsibilities of both parties during the term of the aforementioned grant. July 9, 2004, 12:37PM Oocumentl ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION Consent Calendar ITEM: 3. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD //~ DATE: July 7, 2004 CITY AI-I'ORNEY )~'~' CITY MANAGER ~ SUBJECT: Allen Road Sewer Improvement Project (Ward 4): Amendment No. I to Agreement No. 03-378 with Meyer Civil Engineers, Inc. for design services for Project. Appropriate $14,550 County share of Project costs to the Capital Improvement Budget within the Sewer Enterprise Fund. RECOMMENDATION: Staff recommends approval of amendment and appropriation. BACKGROUND: Meyer Civil Engineering, Inc. is currently engaged by the City to perform survey and design work for a new sewer line that will be placed in Allen Road between Stockdale Highway and Noriega Road. Along Allen Road there is public right of way dedication but much of the length does not have curb and gutter. In this area, Allen Road is maintained by the County Public Works Department. County Public Works has expressed an interest in curb and gutter being added where possible along Allen Road as a part of the City's sewer improvement project. The County Road Commissioner has informed City Staff that the County will reimburse the City for this extra design fee. That reimbursement will be included in a City/County agreement that will also cover the County's payment for construction of these road improvements. This amendment to the design agreement for Meyer Civil Engineering, Inc. (consultant) will allow the consultant to proceed with the design work and include the new curb and gutter work in the project for the Allen Road Sewer. This new construction work will occur along Allen Road between Stockdale Highway and Meacham Road. The total amount of the amendment for services is $14,550.00. This changes the original agreement amount of $123,325.00 to a total amount of $137,875.00. July 14, 2004, 9:42AM G:\GROUPDAT~ADMINRPT~2004\07-21~Amend Agreement Meyer CE.doc ADMINISTRATIVE REPORT MEETING DATE: July 21,2004 IAGENDA SECTION: Consent Calendar ITEM: .5. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager July 8, 2004 DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER ,~/ Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to extend the term of the lease at Centennial Garden for an additional seven years. (Ward 2) RECOMMENDATION: Staff recommends that the City Council approve the renewal of the lease with Flying Puck LLC, owner of the Bakersfield Condors, for a seven-year term. BACKGROUND: The Bakersfield Condors are one of our primary tenants in Centennial Garden. We have had a seven-year lease with them, which contains two seven-year renewal options if terms of renewal are successfully negotiated. Discussions have been taking place between the Condors, SMG and the City for the past few months on lease renewal terms. A summary of significant changes from the past lease includes: 1. Basic rent will increase from $5,464 per game with cost of living adjustments to $6,150 per game with cost of living adjustments. 2. Addition lease costs are converted from seven and one half percent over $1.8 million per season to seven and one half percent for gate receipts over $46,000 per game. The suite pass through format was changed from a percentage of the total lease revenue to, essentially, a flat fee, and a performance incentive has been added. Should the team have home playoffs games, they would receive a $5,000 rent discount for each home playoff game. Since this would be new revenue to the City, (they have not been playing at that time of year) each party could benefit from the greater level of success. This condition replaces the periodic increases that occurred in the past when their suite pass through increased, as suite lease prices went up. Summary The Condors games are well attended, and they are involved in a great variety of community charities and activities. The lease renewal overall is quite standard, and in keeping with past fees plus reasonable inflationary cost increases. July 12, 2004, 9:53AM S:~.drnin Rpts~004~Amd to Condor Lease 072104.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: July 8, 2004 CITY A'rrORNEY CITY MANAGER SUBJECT: Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company for $21,433.28 (for a revised contract amount of $416,132.96) for the Parking Lot Expansion - P Street and 14th Street. (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: During the construction of this project, it was discovered that in order to properly build the parking lot, more earth removal was necessary than was originally anticipated. As such, the contractor had to remove and dispose of an additional 1,336 cubic yards of earth. After doing a cost analysis and negotiating with the contractor throughout the course of the project, the price per cubic yard of the additional Roadway Excavation (earthwork) item was reduced as outlined in the contract and illustrated on the attached change order resulting in a net cost increase of $21,433.28 for the additional earth removal. Rick_M@Construction 7/8/g004 3:12:04 PM G:\GROUPDAT~ADMINRPT~.004\07-21\P and 14th Parking Lot CCO2.doc ADMINISTRATIVE REPORT MEETING DATE: ~Ju.b~ ?-I~?_DOq AGENDA SECTION: Consent Calendar ITEM: .~. U-. TO: Honorable Mayor and City Council APPROVED FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD DATE: July 15, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Ditch Eradication and Pipeline Easement Agreement with BLACKWOOD ESTATES LP (joint tenants) of Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road. (Unincorporated, County) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: In 1977, the City of Bakersfield purchased water rights from Tenneco West, Inc. In that transaction the City also acquired various canals, easements and right of ways associated with the distribution and delivery of irrigation water. Subsequently, as farm land is replaced by urban development, certain open canals and ditches are converted to underground pipelines. When this occurs, the property owner(s) or developer(s) request the City formally abandon the open canal easement so the developer may convert it to pipeline at their sole cost. In northwest Bakersfield, near Coffee Road and Snow Road, the property owners have requested to convert to pipeline portions of what is known as the Beardsley "Four Ditch". The underground relocation of the ditch will reduce City maintenance costs and remove liability to the City due to the open ditch. The property owners are BLACKWOOD ESTATES LP joint tenants of said property, Tentative Tract 6175. The Water Resources Department has reviewed their request and has determined the canal relocation will not disrupt required water service to downstream customers. The Water Board has reviewed and recommended City Council approval of the Ditch Eradication and Pipeline Easement Agreement at its regular meeting of February 18, 2004. July 15, 2004, 8:19AM S:\2004 ADMIN REPORTS\Jun01Ditch Erradication & Underground Pipeline easementSCALES.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SE,C. TION: Consent Calendar TEM: 5- V TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregor,j J. Klimko, Finance Director July 8, 2004 APPROVED DEPARTMENT H EA D~~-}d- CITY ATTORNEY CITY MANAGER Accept bid to award annual contract to Pestmasters Services, Incorporated, not to exceed the budgeted amount of $73,000.00, for chemical application on City property. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type of contract has been used by the Water and Parks departments to provide for the application of weed and rodent control chemicals on City owned canal banks and reservoirs for over twelve (12) years. Departments estimate quantities and types of supplies that may be required for the contract year. Invitations to bid were sent to ten (10) vendors. Two (2) bids were received. The Iow bid was submitted by Pestmaster Services, Incorporated, as shown on the attached Bid Recap. Purchasing Division DW:Ijm S:~PURC H~ADMIN~CO4_072 I_A_C heroical Application.doc July 13, 2004, 8:17AM ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Consent Calendar ITEM: 5. W~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 7, 2004 APPROVED DEPARTMENT HEAD ///~.~ CITY ATFORNEY /~ CITY MANAGER (~ Accept bid to award contract to Griffith Company ($376,720) to construct East California Avenue Streetscape Project (Ward 1). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The East California Avenue Streetscape Project will construct landscaped median islands from Union Avenue to King Street. This project will enhance the redevelopment of this commercial district and identify East California Avenue as a major arterial street. The Engineer's Estimate for this project was $385,420. Funding is provided by the U.S. Department of Housing and Urban Development (HUD). This project is part of the $2 million improvements for Southeast Bakersfield. Two acceptable bids were received on July 7, 2004 as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in amount of $376,720.00 Granite Construction James Road Bakersfield, CA 93308 (Local) in amount of $404,443.00 WGM/PW-ENGR July 12, 2004, 11;09AM G:\GROUPDAT~ADMINRP*E~2004\07-21\East California Avenue Streetscape Project.dot ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION Consent Calendar ITEM: ,~. )~. TO: Honorable Mayor and City Council ,?/,PPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD///-,~- _ DATE: July 8, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845) for Restoration of Concrete Decks at the Bakersfield Police Department Building. (Ward 2) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The work to be performed consists of, in general, of power washing the decks outside the parapet walls on the roof and the decks outside the second floor; and coating both decks with new waterproofing material. Current funds budgeted for this project are $40,000. On July 8, 2004, two acceptable bids were received as follows: Best Roofing & Waterproofing, Inc. 19027 S. Hamilton Avenue Gardena, CA 90248 Robison-Prezioso, Inc.. 10114 Shoemaker Avenue Santa Fe Springs, CA 90670 (out of town) (out of town) in the amount of in the amount of $38,845.00 $46,350.00 G: GROUPOAT'tADMINRPT~2004\07-21 ,Restoration of Concrete Decks BPD Building.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 IAGENDA -~ECTION: Consent Calendar ITEM: ~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 30, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY C M^.AGER Accept bid to award contract to Colombo Construction Co. Inc. ($148,581.00)to constructWood Waste Recycle MaintenanceShed(Wardl). RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The Wood Waste Recycling Facility currently does not have an all-weather facility for maintaining their equipment. This maintenance shed will provide a covered area to properly repair and maintain all heavy equipment located at the Wood Waste Facility as well as Waste Water Treatment Plant No. 2. This project also includes the installation of new electrical service to provide for current and future electrical needs at the Wood Waste Facility. The Engineer's Estimate for this project was 5187,000.00. Two acceptable bids were received on June 29, 2004 as follows: Colombo Construction Co. Inc. 3211 Rio Mirada Drive Bakersfield, CA 93308 (City) in amount of $148,581.00 Richard M. Lane Company 419 West Maple Avenue Monrovia, CA 91016 (Out of town) in amount of $248,839.00 WGM, PW-ENGR June 30, 2004, 4:35PM G:\GROUPDAT~ADMINRPT~.004\07-21\Wood Waste Recycle Maintenance Shed.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 ' AGENDA SECTION: Hearings ITEM: ~. 0-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 9, 2004 //"'~J~OVE D DEPARTMENT HE~D ~' MA.AG Consolidated hearing on appeals by Mclntosh and Associates of the Planning Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087, Phases A, B and C, located south of Ming Avenue, east of South Allen Road, and adoption of resolution upholding the Planning Commission's decision. (Engineer - Mclntosh and Associates / Subdivider - Castle and Cooke) (Ward 5) RECOMMENDATION: Adopt resolution upholding the Planning Commission's decision and denying the appeals. BACKGROUND: On May 20, 2004, the Planning Commission voted unanimously to deny each of these requests for an extension of time for vesting rights for Tract 6086, and Tract 6087, Phases A, B, and C. Mclntosh and Associates representing Castle and Cooke Development, appealed the Commission's decision. There are two types of extension of time related to tract maps. A developer may request an extension of time extending the approval of a tentative tract map. The second type of extension of time is for vesting rights, which is the subject of these appeals. The following provides information in three topics: definition of Vesting Rights; explanation of an extension of time for vesting rights; and extension of time for a tentative map. Definition of Vestinq Riqhts: During the life of a tentative map, the subdivider with a vesting map is protected from changes in ordinances, policies, and standards. The map remains subject to the ordinances, policies and standards, including development fees, in effect at the time the map application was deemed complete (SMA 66498.1b). The local agency can add conditions to the vesting map only if it determines that failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety or both (SMA 66498.1C). Recordation of the vesting map or a phase of the vesting map triggers a time frame of one year during which the developer of the recorded phase is still protected under vested rights. This one ADMINISTRATIVE REPORT Page2 year may be extended an additional 12 months by the Planning Commission upon a timely request by the subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under City ordinances, the vesting rights on a recorded map would initially run for one year, and another one year if the extension were approved by the Planning Commission. Extension of Time for Vestinq Riqhts: As state above, a subdivider has vesting rights for a one year period beginning on the rec_ordation date of a map or phase of a map. A subdivider may apply to extend the vesting rights of a recorded map (or phase) for one additional year (66498.5 (b), BMC 16.24.090 C.3.). Approval of an extension of time is a completely discretionary action by the City. No special findings are necessary to approve or deny it. On September 15, 2003, the City Council approved Resolution No. 171-03 (effective date - November 14, 2003), which established a three phased traffic impact fee increase. If the vesting rights were extended for these subdivisions, the traffic impact fee for each new residence would be $2,466. If the vesting rights for this subdivision expire, the traffic impact fee for each new residence would be $5,780. For the recorded phases of the tracts being considered, the total difference in the amount of traffic fees between the old and new traffic fee is $328,086. On September 15, 2003, (effective November 14, 2003) the City Council also approved Resolution No. 169-03 which increased the park development fees from $647 to $1,275 per unit. The total difference in the amount of park development fees between the old and new park fee for recorded phases is $62,172. The following table summarizes the amount of revenues lost on the permits that have not yet been issued for each tract or phase being considered, if the extension of time for vesting rights were approved. The cumulative loss in revenues of traffic and park development fees would be $390,258. REVENUE LOSS SUMMARY TRACT# OLD NEW : DIFFERENCE OLD NEW DIFFERENCE TRAFFIC TRAFFIC IN TRAFFIC PARK PARK IN PARK FEE FEE FEE FEE FEE FEE 6086 $73,980 $173,400 - $99,420 $19,410 $38,250 - $18,840 6087, Ph. A $56,718 $132,940 - $76,222 $14,881 $29,325 - $14,444 6087, Ph. B $46,854 $109,820 - $62,966 $12,293 $24,225 - $11,932 6087, Ph C $66,582 $156,060 - $89,478 $17,469 $34,425 - $16,956 Totals $244,134 $572,220 - $328,086 $64,053 $126,225 - $62,172 Cumulatively, if the level of activity for extensions of vesting rights in 2004 is similar to last year's, and if extensions of vesting rights continued to be granted, it is estimated that the City would give up $3,245,136 needed for transportation and parks infrastructure improvements. No special findings are required to deny an extension to vesting rights on a recorded map. The state established the statutory framework to shield subdivisions temporarily from changing ADMINISTRATIVE REPORT Page3 regulations and exactions. The City is not obligated to grant extensions of vesting rights on recorded maps. Rebuttal to Appellants' Letters: The appellant is correct that the life of the vested rights would be longer if a developer recorded phases over time rather than all at once. It is a developer's choice to create an assessment district, which may require recordation of all phases at the same time to enhance the property's value to lien ratio. Creation of an assessment district benefits the developer because it provides a valuable funding mechanism and marketing tool by which improvements are constructed earlier for the convenience of the residents while shiffing the cost to them through payment on the debt. The public benefits because the infrastructure is constructed sooner than if developer recorded phases over time, and constructed only those improvements necessary for that phase. By creating an assessment district, the developer is balancing his choice to use a financing mechanism and the time period in which the vesting rights remain in effect. Tracts 6086 and 6087 are not subject to any prior park agreement. Agreement #00-98 addressed Windermere Park (6-acre) and its service area that included Tracts 5928, 5936, 5946, 5954, and 5955, as shown on Exhibit "C" of the Agreement. These tracts are located east of Tracts 6086 and 6087. In fact, Castle and Cooke Development specifically desired that tracts west of Windermere Park not be covered in Agreement #00-98, and that the tracts be subject to the standard park land and development requirements as tracts in other parts of the City. This meant that as each tract recorded, it would pay an in-lieu fee for park land, and pay the park development fee with each building permit. A park land in-lieu fee was collected for both Tracts 6086 and 6087 prior to recordation of a final map. The issue of the Assessment District does not apply to parks because parks were not included as an improvement of the district. Due to a procedural oversight, the Planning Commission did not open a public hearing on these applications. By appealing the Planning Commission's decision to the City Council, the City Council will hold a public hearing where the appellant may submit testimony or the Council may remove the matter back to the Planning Commission for hearing. Extension of Time for a Vestinq Tentative Map: Generally, the life of a vesting tentative map can be affected by the State Subdivision Map Act (SMA), local ordinances (Bakersfield Municipal Code - BMC) and legislative extensions. Depending on individual circumstances of each subdivision, a tentative map can have a life from three to 16 years. Eight years would be the typical life based on a three year initial life and five years worth of extensions granted by the city. During this time period, a subdivider may record the map or phases of the map. Environmental Determination: In accordance with Section 15061(b)(3), general rule, extensions of time are exempt from the requirements of CEQA. This request for extension of the vesting rights was not advertised and adjacent property owners were not notified. ADMINISTRATIVE REPORT Conclusion: As shown above, it is estimated that a total of $390,258 in traffic and park development fees would not be collected if the extension of time for vesting rights were approved. This results in other City funds being needed to cover the costs for which fees were not collected. If no other funds are available, the City risks reduced levels of service and conflict with General Plan policies, which specify certain levels of service. Analysis done for the increases in traffic and park fees provide supporting evidence that the higher fee is necessary to provide the level of service consistent with the General Plan policies and design standards. Due to the loss of significant revenue, staff recommends denial of the extensions of time for the vesting rights on these tracts. JE Admin\july\7-21 -vr ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION Hearings ITEM: [~. Io. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 13, 2004 DEPARTMENT HEAD ?~,~___~PROVED CITY A'I-FORN EY~. CITY MANAGER Consolidated hearing on appeals by the City of Bakersfield Public Works Department of the Planning Commission's decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of South Allen Road (developer - Castle & Cooke), and for Tract 6104, Phases 1 and 5, located north of Panama Lane and east of Buena Vista Road (developer - Centex), and adoption of resolution overturning the Planning Commission's decision. (Engineer - Mclntosh and Associates) (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: On May 20, 2004, the Planning Commission voted to approve each of these requests for an extension of time for vesting rights for Tract 6087, Phase D and Tract 6104, Phases 1 and 5. The Public Works Department of the City of Bakersfield appealed the Commission's decision. The reason given for the approval of the extensions was that the three maps had had building permits issued, so the developer was making progress; therefore, it would be appropriate to extend those vested rights. However, in an action on April 1, 2004, the Planning Commission denied the extension of vesting rights to Tract 6125 Unit 2, which had had building permits issued. There are two types of extension of time related to tract maps. A developer may request an extension of time extending the approval of a tentative tract map. The second type of extension of time is for vesting rights, which is the subject of these appeals. The following provides information in three topics: definition of Vesting Rights; explanation of an extension of time for vesting rights; and extension of time for a tentative map. Discussion of Vestinq Riqhts "Vesting rights" for a development are outlined in California state law and are intended to give developers a measure of certainty in planning their developments. Generally, the life of a vesting tentative map can be affected by the State Subdivision Map Act (SMA), local ordinances (Bakersfield Municipal Code - BMC) and legislative extensions (The "life" of a map is the length of time between its completed application and its expiration). Depending on individual circumstances of each subdivision, a tentative map can have a life from three to 16 years. Eight years would be the typical life based on a three year initial life and five years worth of extensions granted by the city. July 14, 2004, tl:05AM G:\GROUPDAT~ADMINRPT~2.004\07-21\Ext Vesting Rights Appeal.doc ADMINISTRATIVE REPORT During this tentative map life, the subdivider with a vesting map is protected from changes in ordinances, policies, and standards. The map remains subject to the ordinances, policies and standards in affect at the time the map application was deemed complete (SMA 66498.1b). The local agency can add conditions above and beyond those flowing from the applicable ordinances, policies and standards to the vesting map only if it determines that failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both (SMA 66498.1C). Recordation of the vesting map or a phase of the vesting map triggers a new time frame of one year during which the developer of the recorded phase is still protected under vested rights. This one year may be extended an additional 12 months by the Planning Commission upon a timely request by the subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under city ordinances, the vesting rights on a recorded map would run for one year initially with a one year extension if approved by the Planning Commission. Unlike the extension of time for an unrecorded map, the extension of vesting rights is entirely discretionary. No special findings are required to deny an extension to vesting rights on a recorded map. The City is not obligated to grant extensions of vesting rights on recorded maps. Vestinq Riqhts Comparison for Current Tracts The following table summarizes the amount of revenues lost on the permits that have not yet been issued for each tract or phase being considered, if the extension of time for vesting rights were approved. The cumulative loss in revenues of traffic and park development fees would be $170,565. Extension of Vesting Rights Appeal *' ' : ~'~ .... Fees lost by r ¢ , [ City of A 6087 D 35 8 27 $2,197 $96,741 $647 $16,956 ~rsfield A 6104 I 59 53 6 $2~346 $20,604 $647 $3,768 A 6104 5 61 53 8 $2,346 $27,472 $647 $5,024 $144,817 $25,748 $170,565 July 14, 2004, 11:05AM G:\GROUPDAT~ADMINRPTX2004\07-21\Ext Vesting Rights Appeal.doc ADMINISTRATIVE REPORT Discussion of Planninq Commission Action Unfortunately, the recent action by the Planning Commission results in a mixed message to developers about planning for their future costs, and is unfair to the developer of Tract 6125, Unit 2. There is no discernible difference between the tracts whose extensions were granted on May 20, 2004 and the tract whose extension was denied on April 1, 2004. Also, this decision results in additional costs to the City of Bakersfield. Cumulatively, if the level of activity for extensions of vesting rights in 2004 is similar to last year's, and if extensions of vesting rights continued to be granted, it is estimated that the City would give up $3,245,136. Analysis provided in support of the increased traffic and Park fees documented the necessity of collecting this revenue to provide transportation and park improvements consistent with General Plan policies and design standards. If the monies are not collected, the City would have to pick up any unfunded burden for those facilities or suffer further degradation of services. If the City Council decides that it is appropriate to allow the extension of vesting rights under certain conditions, then it should be done after weighing ail of the consequences to that action. True, the extension of vesting rights will cost the developer or subdivider extra money in increased fees. However, these increased fees go to the City and are needed to construct park and transportation infrastructure required to support the General Plan Land Uses. Not collecting these fees means that the shortfall in funding would affect future residents of these tracts - either through a degradation of services or through loss of General Fund or other money to backfill the loss. This in turn could potentially mean affecting police and fire services or other City functions and services. The concept of vesting rights is intended to give the developer certain assurances and guarantees that the local agency will not change the rules on him partway through his development. This does not mean that these same rules will apply to the development forever. The developer gets his guarantee for up to eight years. After that, the local agency is justified in applying the rules that are then current. The City is at the mercy of the economy as is the developer - it's just that the City doesn't have the built-in protection that the map act affords the developer. Environmental Determination: In accordance with Section 15061(b)(3), general rule, extensions of time are exempt from the requirements of CEQA. This request for extension of the vesting rights was not advertised and adjacent property owners were not notified. Conclusion: As shown above, it is estimated that a total of $170,565 in traffic and park development fees would not be collected if the extension of time for vesting rights for these three tracts were approved. This results in other City funds, like the General Fund, being used to cover the fees that are not collected. If no other funds area available, the City risks reduced levels of service and conflict with General Plan policies, which specify certain levels of service. Analysis done for the increases in traffic and park fees provide supporting evidence that the higher fee is necessary to provide the level of service consistent with the General Plan policies and design standards. Due to the loss of significant revenue, staff recommends denial of the extensions of time for the vesting rights on these tracts. raps July 14, 2004, 11:05AM G:\GROUPDAT~DMINRPT'~2004\07-21\Ext Vesting Rights Appeal.doc ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 IAGENDA SECTION: New Business ITEM: rt. TO: FROM: DATE: SUBJECT: A. Honorable Mayor and City Council APPROVED Alan Tandy, City Manager July 7, 2004 DEPARTMENT HEAD CITY ATTORNEY ~---)~"~ CITYMANAGER ~/ / Amendment No. 3 to Agreement No. 94-59/RA94-5 with John Q. Hammons Hotels Two, L.P. to delete their role as concessionaire to the Convention Center, and deed the ballroom to John Q. Hammons Hotels Two, bP. (Ward 2) Declaration of Easement and Cross-Easements between the City of Bakersfield and John Q. Hammons Hotels Two, L.P. RECOMMENDATION: A. Staff recommends that the City Council authorize the execution of an amendment to the development agreement with John Q. Hammons Hotels Two, L.P. (Holiday Inn Select) which removes from Hammons control over concessions and catering in the Convention Center and deeds the hotel ballroom to Hammons. B. Staff recommends approval of the Declaration of Easement and Cross-Easements. BACKGROUND: In 1994, the City entered into a Development Agreement with John Q. Hammons to develop the Holiday Inn Select Hotel. Obviously that agreement was successful in getting the hotel completed. One provision in the agreement gave concession and catering rights within the Convention Center to the hotelier. Later, Centennial Garden was opened with a different concessionaire. It would now be far more efficient and effective if the arena and Convention Center had a common menu, pricing, quality, and employee training for concession and liquor operations. City staff and SMG believe that Aramark, who now provides concession and catering service for the arena, has the equipment, manpower, customer service orientation, and management staff to provide superior concession services in the Convention Center. Staff proposes a separate amendment with Aramark to have them provide the concession services. As to catering, this amendment would allow the hotel to cater events it books. It would conver[ from the exclusive catering arrangement that has been in place to an "open" catering arrangement. SMG would adopt appropriate processes and rules (such as requiring insurance), and multiple caterers could then July 7, 2004, 11:25AM S:'¢,drnin Rpts~2004\Holiday Inn 072104.dot AT:al Page 1 ADMINISTRATIVE REPORT participate in the building, including the hotel, Aramark, and other local off-site caterers. This should be viewed as a trial. If it does not work out, staff may return at a later date with another proposal. As a trade off for giving up this service, the hotel would like the City to deed them the hotel ballroom. Staff views this as largely a technical change since the ballroom itself is controlled by the hotel without rent for ten more years with two additional five-year extensions under the original Hammons development agreement. There were financing reasons why the current arrangement was built into the development agreement at that time. With the debt on the structure paid off, those reasons no longer exist. A document is attached from Property Manager, Don Anderson which shows why the ballroom has little or no value to the City. There is also a cross easement document tied to this. That simply clarifies access and related questions on revised property lines and common areas. Staff believes that these changes will improve customer service, satisfaction and consistency, and are of significant advantage to implement at this time. July 7, 2004, 11:25AM S:~Admin Rpts~004'~-Ioliday Inn 072104.dot AT:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: New Business ITEM: "1, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD July 7, 2004 CITY A'R'ORNEY ~ ~ ClTYMANAGER ,/~ / Amendment No. I to Agreement No. 03-099 between City of Bakersfield and Aramark Entertainment, inc., regarding a transfer of concession and alcohol services to Aramark in the Convention Center. RECOMMENDATION: Staff recommends approval of the Amendment 1 to Agreement No. 03-099. BACKGROUND: The City and Aramark entered into Agreement No. 03-099 on April 30, 2003, under which services are provided to Centennial Garden. This action prepares to amend the agreement to include certain concession and alcohol responsibilities at the Convention Center in order to better serve customers. The amendment adds a new section to the Aramark Agreement reflecting the new concession responsibilities and dovetails with the Hammons Agreement in that Aramark will assume the service responsibilities at the Convention Center previously handled by Hammons. The agreement calls for the City to receive 30% of the Gross Receipts in concessions and alcohol. These are essentially the same terms that we have been receiving under the Hammons agreement. We do expect a substantial increase in business and total revenue as a result of menu consistency with the Garden, improved staffing, improved employee training and better faculty management. The primary goal is the provision of quality services to our customers. Catering would be open to multiple participates. That arrangement is described in the administrative report on the Hammons DDA. AT;ADD:dll S:/COU NClL',Admins~AramarkAmdltoAgr03-099 doc July 7, 2004, 2:43PM ADMINISTRAT_IV_E REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: New Business ITEM: q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager July 7, 2004 APPROVED DEPARTMENT HEAD A ro..EY Sale of Holiday Inn Select to Brighton Management, LLC RECOMMENDATION: Staff recommends that the City Council authorize the sale of the Holiday Inn Select to Brighton Management, LLC in accordance with Section 701 of the Disposition and Development Agreement between the City and John Q. Hammons Hotels. BACKGROUND: When the Holiday Inn Select was constructed, the development agreement gave to the City the right to review and approve its sale or transfer. We have received a request from the Hammons firm to authorize the sale to Brighton Management, LLC. A copy of the letter of request is enclosed. The purpose of having the right to approve the sale is to assure that the goal of having a quality, vibrant downtown convention center hotel is achieved. Staff has checked references on other Brighton Hotels. A copy of the report on that is enclosed. We have also reviewed their financial statements and completed background checks, which are confidential. Based on these reviews and the information forwarded to us from Brighton Management, LLC, we believe approval of the transfer is in the best interest of the City of Bakersfield and recommend that the City Council approve the transfer. While Brighton Management, LLC is a much smaller operator than Hammons, they have a solid record of improving hotels similar in nature to the Holiday Inn Select. It is our hope that this hote~ will get the personal and direct attention of the new operators. The new owners will be making a substantial investment in the hotel to upgrade it. John Q. Hammons did the City a great service when they converted the old steel structure of the Clarion into a quality hotel. We thank them for that. This transfer comes as no surprise as it is a normal and customary part of the hotel business generally and Hammons in particular. The various items on the agenda dealing with the hotel in advance of this one have been coordinated with the purchaser so they are aware of and accept the changes. July 9, 2004, 10:45AM S:\Admin Rpts~004\Holiday Inn Sale 072104.dot AT:al ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Closed Session TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney July 15, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to Government Code section 54956.9 (b)(1)(C) In the Matter of the Claim of: Kenneth Kind, Claim No. 03-05-169 APPROVED RECOMMENDATION: BACKGROUND: BJT:las July 15, 2004, I0:25AM ADMINISTRATIVE REPORT MEETING DATE: July 21, 2004 AGENDA SECTION: Closed Session TEM: ~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney July 15, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation Closed session pursuant to Government Code section 54956.9 (a) City of Bakersfield v, City of Shafter, KCSC Case NYA APPROVED RECOMMENDATION: BACKGROUND: BJT:las July 15, 2004, 10:37AM MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JULY 7, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan (seated at 5:20 p.m.), Salvaggio Absent: None 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of June 23, 2004. Payment: Approval of department payments from June 11,2004 to June 24, 2004 in the amount of $9,349,489.35 and self insurance payments from June 11,2004 to June 24, 2004 in the amount of $175,016.50. Ordinances: First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11 ) of Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest corner of Wilson and South Real Roads. (ZC03-1514) (Derrels Mini Storage/Jim Marino) First Reading of Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in enclosed areas. FR FR Bakersfield, California July 7, 2004 - Page 2 CONSENT CALENDAR continued Resolutions: Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of the assessments by the Kern County Tax Collector. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties 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. g. Brimhall Planned Drainage Area: Resolution of Intention No. 1338 to establish the drainage plan for the Brimhall Planned Drainage Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to drainage facilities. Resolution of Application proposing proceedings for annexation of uninhabited territory identified as Annexation No. 469 located at the northwest corner of Brimhall Road and Calloway Drive. ACTION TAKEN RES 214-04 RES 215-04 ROI 1338 FR RES 216-04 Bakersfield, California July 7, 2004 - Page 3 CONSENT CALENDAR continued Agreements: i. Tract Maps and Improvement Agreements: Final Map with ADH Corporation for Tract 6140 Phase 3 located east of Oswell Street and south of State Route 58. Final Map and Improvement Agreements with Stuart Thomas Inc., dba Lennox Homes for Tract 6192 Unit 1 located south of Hosking Avenue and east of South H Street. Final Map and Improvement Agreements with Pulte Home Corp. for Tract 6160 located south of State Route 178 and east of Miramonte Drive. Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, for Tract 6146 Unit 2 located west of Jewetta Avenue and north of Noriega Road. Final Map and Improvement Agreement with McMillin Crystal Ranch, LLC, for Tract 6146 Unit 3 located west of Jewetta Avenue and north of Noriega Road. Final Map and Improvement Agreement with Coker EIIsworth, Inc., for Tract 5696 located east of Fairfax Road and north of Highland Knolls Drive. Agreement with Organizational Effectiveness Consulting, not to exceed $45,000.00, to provide strategic planning services for the Bakersfield Police Department. Agreement with Berryman & Henigar, Inc. to provide inventory valuation services related to Governmental Accounting Standards Boards (GASB) Statement #34 compliance requirements, not to exceed $86,900.00. ACTION TAKEN AGR 04-187 AGR 04-188 AGR 04-189 AGR 04-190 AGR 04-t91 AGR 04-t92 AGR 04-193 AGR 04-194 AGR 04-195 AGR 04-196 Bakersfield, California July 7, 2004 - Page 4 CONSENT CALENDAR continued Agreements to indemnify LAFCO for Annexation No. 450, Proceeding No. 1375 located south of McKee Road, between Wible Road and State Highway 99; Annexation No. 451, Proceeding No. 1379 located west of Calloway Drive, north of Snow Road; Annexation No. 452, Proceeding No. 1382 located north of the Kern River east of Coffee Road; Annexation No. 455, Proceeding No. 1384 located west of Allen Road north of Palm; Annexation No. 456, Proceeding No. 1375 located south of Panama lane, east of Old River Road; and Annexation No. 458, Proceeding No. 1386 located east of Oswell Street, generally south of State Route 178. m. White Lane/State Route 99 Project: Amendment No. I to Cooperative Agreement No. 03- 119 with the State of California, Department of Transportation for the City to perform right of way acquisition for State Route 99 southbound auxiliary lane, from Planz Road overcrossing to White Lane. Appropriate $125,000.00 State funds to the Capital Improvement Budget within the ISTEA Fund. Bids: Accept bids to award annual contract to Amber Chemical, Inc. and Kemiron Companies, Inc., not to exceed the budgeted amount of $50,000.00, for chemicals for the City's Wastewater Treatment Plants. o. Resurfacing Various Streets 2003/2004: Accept base bid to award contract to Granite Construction Company ($1,643,461.20) for the Project. Transfer $800,000.00 of appropriations from the Streets Division's Operating Budget to the Capital Improvement Budget within the Gas Tax Fund. Accept bid to award contract to Brown and Fowler Construction ($208,872.25) for Wayside Playground Rehabilitation Project. Extend bid from South Kern Machinery ($39,896.98) for one (1) additional diesel powered rotary mower for the Parks Department. ACTION TAKEN AGR 04-197 AGR 04-198 AGR 04-199 AGR 04-200 AGR 04-201 AGR 04-202 AGR 03-1t9(1) AGR 04-203 AGR 04-204 AGR 04-205 AGR 04-206 Bakersfield, California July 7, 2004 - Page 5 CONSENT CALENDAR continued r. Reject all bids for Mount Vernon Recycling Facility loading dock structure. s. Reject all bids for Sewer Cleaner Truck. Miscellaneous: t. Residential Cul De Sac Parking. u. Dedication of Property: 1. Easement Deed to Pacific Gas & Electric Company, for the relocation of the their facilities through the City's permanent drainage basin site on the north side of Panama Lane approximately 473 feet east of Colony Street. v. Appropriate contributions totaling $45,280.00 to the Recreation and Parks Department Operating Budget within the General Fund for various recreation programs. Motion by Vice-Mayor Couch to adopt Consent Calendar items 3.a. through 3. v. CONSENT CALENDAR HEARINGS a. Public Hearing to consider resolution adopting fees pursuant to the Cost Recovery Program. Hearing opened at 5:19 p.m. No one spoke. Hearing closed at 5:19 p.m. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. Motion by Vice-Mayor Couch to recess at 5:20 p.m. Motion by Vice-Mayor Couch to reconvene at 7:00 p.m. ACTION TAKEN DEED 6t04 APPROVED AB SULLIVAN RES 217-04 AB SULLIVAN DELETED APPROVED APPROVED Bakersfield, California July 7, 2004 - Page 6 RECONVENED MEETING- 7:00 p.m. 6. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Pastor Steven D. Yeary, Brimhall Road Assembly of God Church. PLEDGE OF ALLEGIANCE by Melissa Moore, 4~h Grade Student at Buena Vista Elementary School. 9. CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. 10. PUBLIC STATEMENTS None. 11. HEARINGS General Plan Amendment No. 04-0457; The City's Public Works Department has proposed a General Plan Amendment, located generally south of State Highway 178, east of Comanche Drive: Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the Circulation Element to re-align the collector segment of Miramonte Drive south of State Highway 178 to raalign in an east-west direction to align with Chase Avenue to Comanche Drive and establish a new collector alignment east of Miramonte Drive. Development Services Director Hardisty made staff comments. Hearing opened at 7:08 p.m. Kelly Lucas spoke in support of the staff recommendation. ACTION TAKEN DELETED RES 218-04 Hearing closed at 7:14 p.m. 11. Bakersfield, California July 7, 2004 - Page 7 HEARINGS continued Item 11 .a. continued Motion by Councilmember Maggard to approve the Resolution adopting the Negative Declaration and General Plan Amendment and changing the Circulation Element. Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5516 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer Porter Robertson/Subdivider - GFC Properties). Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5517 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer Porter Robertson/Subdivider - GFC Properties. Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 6243 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer Porter Robertson/Subdivider - Three Views, Ltd. Partnership) Development Services Director Hardisty made staff comments regarding related hearing items 11 .b., 11.c., and 11.d. Hearings 11 .b., 11 .c., and 11 .d. opened at 7:24 p.m. Dave Weldon, President of the Vista Montagna Homeowners Association, and Kelly Lucas, Board Member of one of five homeowner's associations in the Rio Bravo community, spoke in opposition to the staff recommendation. Tom Fallgatter, on behalf of GFC Properties, and Harold Robertson, Porter-Robertson Engineering and Surveying Partner and Three Views LLC, spoke in support of the staff recommendation. ACTION TAKEN APPROVED RES 2f9~04 RES 220-04 RES 22t-04 '11. Bakersfield, California July 7, 2004 - Page 8 HEARINGS continued Items 11 .b., 11 .c. and 11.d. continued ACTION TAKEN Hearing closed at 7:49 p.m. Councilmember Maggard stated the following for the record: There must be two ways into and out of the Rio Bravo community. Presently this is provided by access on Via Napoli and new access to the west. A third access way is proposed utilizing Via Genoa and Via Pasanno the cooperation of Mike Cuttburth. A connection between Via Bassano and De La Guerra will allow a new exit to the south. The connection will enter Mr. Cuttburth's subdivision at Via Bassano proceeding south exiting on Via Genoa. Mr. Cuttbuth agreed to the easement through his property for the proposed street and will be reimbursed for the cost. Compensation for the easement will be calculated based on square footage required. Mr. Cuttburth agreed and stated compensation for square footage was the basis agreed upon for granting the easements. The next connection between De La Guerra and Via Bassano exiting to the south on Via Genoa will compliment the existing exit at Via Napoli. Mr. Coyne, GFC Properties, agreed the road be will designed and GFC land be provided at no cost across in order to make the connection from De La Guerra to Via Bassano. De La Guerra, Via Ballano and Managgio will retain access to Casa Club, however, an incentive will be created to move traffic along Managgio and De La Guerra by not connecting Via Ballano between Managgio and De La Guerra Terrace. The road connecting Mannagio and De La Guerra Terrace will not be public; lots 22, 23, 11, and 12 on Via Ballano will be affected; place grasscrete, or equivalent, that contains infrastructure that will support emergency vehicles. Lots 22, 23, 11, and 12 access to Managgio or De La Guerre Terrace is yet to be determined. The grasscrete proposal will allow creation of mini cul-de-sacs with access to lots 22, 23, 11 and 12. Bakersfield, California July 7, 2004 - Page 9 11. HEARINGS continued Items 1 lb., 11 .c. and 11 .d. continued ACTION TAKEN Mr. Coyne agreed to the grasscrete access proposal with access to lots 22, 23, 11 and 12. Casa Club will still be accessible to the north on Ravello. At the intersection of De La Guerra Terrace and Ravello access to Vista Grande would be limited by installation of a crash gate; Mr. Coyne agreed. Mr. Coyne is unable to state which street lots will face pending approval of the homeowners association, at this time. Public Works Director Rojas stated staff will accommodate whichever direction is determined. Randy Stienert, President of the Rio Bravo Master Golf Homeowner's Association, spoke on behalf of the affected homeowner's association and agreed to work with Mr. Coyne regarding the lots in question. Mr. Stienert stated the homeowners' association would consider grasscrete rather than the suggested crash gate if that would be acceptable. Councilmember Maggard stated that if an emergency escape route were required grasscrete would be more user friendly than a crash gate. Mr. Coyne requested the issue regarding grasscrete versus a crash gate be resolved with staff in the future. Councilmember Maggard recommended a sidewalk only on the west side of the street on Via Napoli from Tract 5517 to Via Napoli and Mannago Ln., continuing on Mannago Ln. to the northern edge of Tract 5517. This would accommodate pedestrian traffic on a more heavily traveled street. Councilmember Maggard requested future discussion with Mr. Cuttburth regarding the need for sidewalks on property he is developing. Councilmember Maggard requested a sidewalk on the south side of Casa Club Dr. from Muirfield to the clubhouse. Mr. Yee, from A&E Union, sent correspondence agreeing to dedicate right of way and pay for up to fifty per cent of construction cost for the sidewalk/cartpath. Mr. Coyne agrees to pay for the other half of the construction cost of the sidewalk/cartpath. Other sidewalks will not be required in 5516 and 5517. 11. Bakersfield, California July 7, 2004 - Page 10 HEARINGS continued Items 11.b.. 11.c. and 11.d. continued Councilmember Maggard thanked the Planning Commission, staff, City Attorney, Planning, Public Works, City Manager, and particularly the homeowner's associations for cooperation in finding funds to pay for the new road to the south exiting from Via Genoa to Miramonte. Mr. Coyne confirmed willingness to participate in paying for the road. Mr. Robertson, developer of Tract 6243, agreed to participate in paying for the road, provided access from the southeast corner of Tract 6243 is included, or provided a third access to the subdivision is included. If a third entrance/exit point is decided upon and is included in the plan Mr. Robertson would pay for the entrance/exit point. ff all of the groups agree to share paying the cost for the third entrance/exit Mr. Robertson agreed to paying for the exit road to the south. Mr. Stienert, on behaff of Rio Bravo Master Golf Homeowner's Association, agreed to contribute not more than $20.00 per unit per month to the funding for the southern access road. Mr. Weldon, on behalf of the Vista Montagna Homeowner's Association, agreed to contribute to funding the southern access road, pending approval of the organization's membership. Fletch Waggoner, President of the Casa Club Fairways Homeowners Association, agreed to contribute not more than $20.00 par unit, per month to the funding for the southern access road. Additionally, he requested greenbelts at the east end of Casa Club and the south end of Donaldo. Marion Locker, President of the Fairways Homeowners Association, agreed her organization would consider participation in funding the southern access road upon receipt of further information. She relayed concerns regarding an additional manned gate. Mr. Cuttburth agreed to contribute to funding the southern access road. City has agreed to hold funds on behalf of the public and expand as required to pay for the southern access road. The sum of the obligation of each homeowner's association will be deposited with the City at the outset of the project. ACTION TAKEN 11. Bakersfield, California July 7, 2004 - Page 11 HEARINGS continued Items 11 .b., 11 .c. and 11 .d. continued The annexation agreement for property to the south does not currently exist. If the land is not annexed the secondary access to the Rio Bravo area would be on Via Napoli. Minimally a third emergency egress is recommended with crash gate entrance. Mr. Robertson is not agreeable to contributing to the southern access road if he is solely responsible for the cost of the possible third entrance, ff the cost is shared he is willing to contribute to the southern access road cost. Manning of the third gate will be determined among the homeowner's associations and the City. Councilmember Maggard made motion to adopt the staff recommendation, deny the appeal with the inclusion of the stated modifications regarding Tracts 5516, 5517, and 6243, and require all construction vehicles to utilize the designated access to the neighborhood. Recess from 8:47 p.m. to 8:55 p.m. Public Hearing to consider Resolution changing the name of Windsong Street to Ashley Castle Street (Brian Castle) and resolution to amend the changing of street name policy. City Clerk McCarthy announced correspondence had been received from 230 City of Bakersfield citizens in favor, and 26 opposed to the name change, 138 county residents in favor of the name change, 18 deemed invalid, and 10 out of town residents. Development Services Director Hardisty made staff comments. Hearing opened at 8:59 p.m. David Gay, Brad Henderson, President of the Pheasant Run Homeowners Association, and Patti Toone spoke in opposition to the staff recommendation. Jeremy Caldwell, Danielle Froelich, Erica Dixon, Burt Ellison, Brian Castle, Heidi Carter and Matthew Park spoke in favor of the staff recommendation. ACTION TAKEN APPROVED 11. 12. Bakersfield, California July 7, 2004 - Page 12 HEARINGS continued Items 11.e. Brad Henderson, President of the Pheasant Run Homeowners Association, spoke in opposition rebuttal to the staff recommendation. Erica Dixon, Julie Olcola and Bret Dixon spoke in favor rebuttal to the staff recommendation. Hearing closed at 9:31 p.m. Vice-Mayor Couch acknowledged and expressed appreciation to Lee Jamison for offering to name the new western street entrance to the Promenade Ashley Castle Way. Vice-Mayor Couch requested staff explore the Adopt a Highway Program as an avenue to memorialize Ashley Castle. Motion by Vice-Mayor Couch to continue and leave the hearing open for public input to the August 18 meeting and direct staff not to act on existing or current applications until resolution has been reached in this instance. Councilmember Maggard requested a specific legal opinion regarding the Ordinance text currently in place which allows for street name change, and the burden, if any, placed on Council by the Ordinance. Councilmember Maggard requested clarification regarding the requested designation, Ashley Castle Street versus Ashley Castle Way. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff investigate gardeners at an apartment building blowing dust and trash into a neighbor's yard on Monterey Street and provided contact information. Councilmember Benham requested Code Enforcement on Jewett Street and provided citizen contact information. Councilmember Benham requested staff assure a tree near the bus stop by Kern Federal Credit Union has been trimmed. ACTION TAKEN APPROVED 12. Bakersfield, California July 7, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested staff contact the owners of the 7-11 Store on A Street at Chester Lane and provide information regarding City process for graffiti abatement services and provide such services as may be required. Councilmember Benham requested graffiti abatement near the Boys and Girls Club on Niles and Monterey Streets. Councilmember Salvaggio requested graffiti abatement staff revisit 2100 Benton Street where abated graffiti on a concrete wall has bled through and is again visible. Councilmember Salvaggio thanked Streets Maintenance employees for repairs performed on Ming Avenue. Councilmember Salvaggio announced he would be thanking people who have been particularly helpful during his time on the City Council between now and the time he leaves the Council in December. Councilmember Salvaggio acknowledged Steve Walker, Conchita Walker, Brad Underwood and Mike Connor. Councilmember Carson announced memorial activities on the first anniversary of the loss of Ernestine, Joanie, Marcus, Lindsey and Marshall Harper, including the planting of trees in Lowell Park; thanked City staff, the Tree Foundation of Kern and the Boys and Girls Club for assistance in the effort; on behalf of Elaine Bird, Ernestine Harper's daughter, invited the community to participate in memorial activities and requested Police provide traffic control during the events. Councilmember Hanson congratulated the Don Jaeger and the Visitor's and Convention Bureau for influencing the 2006 California State Championships to hold their event in Bakersfield. Councilmember Hanson requested an update regarding telecasting Planning Commission Meetings. City Manager Tandy responded. Councilmember Hanson requested an update regarding the plan check process. Public Works Director Rojas responded. Councilmember Hanson requested an update on the removal by PG&E of power poles on Stockdale, west of Ashe Road to Gosford. ACTION TAKEN 12. Bakersfield, California July 7, 2004- Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Hanson requested an update regarding soliciting new bids for City health care consultant services. Councilmember Hanson requested an update regarding the effectiveness of the Redflex light enforcement system. Police Chief Rector responded. Councilmember Hanson provided information regarding his tour of Wastewater Plant #3. Councilmember Maggard thanked staff for assistance in resolving the Rio Bravo issue. Councilmember Maggard requested staff explore systematic approaches to preventing/minimizing possible future failure of facilities. Councilmember Sullivan requested staff facilitata installation of a trash receptacle at the bus stop on Wilson between Akers and New Stine. Councilmember Sullivan requested information on the re-opening of the westbound off ramp of Hwy. 99. Public Works Director Rojas responded. Councilmember Sullivan complimented the Fire Department for the Fourth of July fireworks program and display. Councilmember Sullivan requested staff determine the date and place of the first Fire Department fireworks display, and how long it has been at Bakersfield College. Vice-Mayor Couch thanked Council and staff for their support. Vice-Mayor Couch requested Legislation and Litigation Committee review the Highway 99 event. Vice-Mayor Couch requested staff place on the next agenda a Resolution opposing Proposition 68 and provided information for distribution to Council. Vice-Mayor Couch thanked Development Services Director Hardisty for assistance regarding poles in the Riverlakes area. Vice-Mayor Couch requested staff coordinate tree trimming in the White Lane/Gosford Road area with PG& E. ACTION TAKEN 12. '13. Bakersfield, California July 7, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested traffic control on Downing between Coffee and Fruitvale. Vice-Mayor Couch requested staff provide information to the public regarding standing water in sumps and the West Nile Virus. ADJOURNMENT Mayor Hall adjourned the meeting at fO:47p, m. ACTION TAKEN MAYOR ~the City ~ Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California