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HomeMy WebLinkAbout09/08/04_CC_AGENDA_PACKET  BAKERSFIELD CITY COUNCIL AGENDA SEPTEMBER 8, 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. CLOSED SESSION a. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9. Two (2) cases. b. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by SBC Communications, Inc. c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (4 cases): 1. Bakersfield Fireman's Labor Organization v. City of Bakersfield 2. Jacobson v. City of Bakersfield, et al 3. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al 4. Willis v. City of Bakersfield, et al d. Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator. RECONVENED MEETING - 7:00 p.m. 3. ROLL CALL 4. INVOCATION by Pastor James Tyler, Bethany Lutheran Church. 5. PLEDGE OF ALLEGIANCE by Matthew Lewis, 3'~ Grade Student at Highland Elementary School. 6. CLOSED SESSION ACTION 7. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to John Pryor, proclaiming September 9, 2004, as "John Pryor Day". b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 22~ through October 3rd, 2004, as "Kern County Fair Days". c. Presentation by Russell Judd, President/CEO Mercy Hospital, regarding Mercy Hospital update. 8. PUBLIC STATEMENTS 9. CONSENT CALENDAR (Ward 5) (Ward 3) (Ward 4) (Ward 4) (Ward 1) (Ward 4) (Ward 1) Minutes: a. Approval of minutes of the meeting of August 18, 2004. Payments: Approval of department payments from August 6, 2004 to August 26, 2004 in the amount of $8,252,996.00 and self insurance payments from August 6, 2004 to August 26, 2004 in the amount of $308,699.96. Ordinances: First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (One Family Dwelling) zone on 40-46 acres, located at the northeast corner of Old River Road and Harris Road (Engineer: SmithTech USA, Inc./Subdivider: Lennar Bakersfield). (ZC 04-0324) First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-13 from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 8.96 acres, generally located on the south side of Paladino Road, between Fairfax Road and Morning Drive (Engineer: Porter-Robertson Engineering/Subdivider: Rio Bravo Land Company). (ZC 04-0650) First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from a DI (Drilling Island) zone to an E (Estate) zone on 2.5 acres, generally located north of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive (Engineer: SmithTech USA, Inc./Applicant: Michael Etcheverry). (ZC 04-0710) Adoption of Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to Board of Zoning Adjustment adding the Community Development Coordinator as Alternate Member. (First Reading 8/18/04) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A to an E zone on 80 acres, located west of Calloway Drive, generally north of Snow Road. (ZC 04-0551) (First Reading 8/18/04) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 changing the zoning from A (Agriculture) to R-1 PUD (One Family Dwelling Planned Unit Development) on 81+ acres located approximately 1,800 feet south of State Route 58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended). (ZC 03-1539) (First Reading 8/18/04) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-16 to change the zoning from P (Automobile Parking) to PCD (Planned Commercial Development) on 3.71 acres to develop a mini-storage facility, located on the east side of Patton Way, north of Meany Avenue. (ZC 04-0313) (First Reading 8/18/04) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from E (Estate) and A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) on 50 acres, located along the south side of Panama Lane, generally east of South Union Avenue. (ZC 04-0423) (First Reading 8/18/04) 2 (Ward 5) (Ward 4) (Ward 6) (Ward 1) (Ward 3) (Ward 4) (Ward 4) (Ward 6) (Ward 7) (Ward 4) (Ward 5) CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling) zone on 77 acres located generally north of Panama Lane to Pensinger Road, west of Buena Vista Road. (ZC 04-0429) (First Reading 8/18/04) Adoption of Ordinance adopting the Negative Declaration, and upon annexation amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) on 80 acres located on the south side of Panama Lane 1,685 feet east of Buena Vista Road (ZC 04-0435). (First Reading 8/18/04) Resolutions: Resolution adopting and certifying the Final Environmental Impact Report for General Plan Amendment 03-0724 to adopt a specific plan line for the Allen Road Bridge over the Kern River between Stockdale Highway and Ming Avenue. Resolution determining that the purchase of replacement parts for the trickling filter pumps at Wastewater Treatment Plant 3 cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $54,000.00. Rehabilitation of the Heating, Ventilating and Air Conditioning (HVAC) System at Bakersfield City Hall - Phase I1: Resolution determining that rehabilitation of the HVAC System at City Hall cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $315,000.00. Agreement with TRANE Commercial Service Company ($309,826.00) for the rehabilitation of the HVAC System at City Hall. Resolution adding territory, Area 4-30 (City in the Hills) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-48 (Renfro, Johnson SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-49 (Calloway, Retail NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-26 (Stine, McKee NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-14 (Pacheco, Hughes NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1345 to add territory, Area 1-50 (Jewetta, Reina SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1342 to order the vacation of Pacheco Road between Buena Vista Road and Old River Road. (Ward 4) (Ward 4) (Wards 4,5,6,7) Z. (Ward 4) aa. (Ward 4) bb. (Ward 1) CC. (Ward 5) dd. (Ward 3) ee. CONSENT CALENDAR continued w. Resolution declaring non-permitted uses in all zones. x. Sale of Real Property south of Snow Road: 1. Resolution declaring real property located south of Snow Road surplus property. 2. Agreement with Kyle Carter Homes Inc. to sell real property located south of Snow Road for $119,000. Agreements: y. Tract Map and Improvement Agreements: Final Map and Improvement Agreements with Cherry Hill, Inc., for Tract 6153 Unit 2 located south of Reina Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Olive Park Land Company, for Tract 6117 Unit 3 located north of Reina Road and west of Jewetta Avenue. Agreement with Wilson & Associates (not to exceed $72,500) to provide specialized continuing disclosure services for various Special Assessment Districts. Agreement with Grant Goldberg to lease City owned real property located west side of Coffee Road approximately 250 feet south of Brimhall Road. Agreement with Doug Wattenbarger to lease City owned real property located at 7831 Brimhall Road. Agreement with Bakersfield Association for Retarded Citizens, Incorporated, a local nonprofit 501 (C) (3) tax exempt organization, to purchase one (1) surplus roll-off refuse truck from the City for $35,000.00. Park at Mountain Vista Drive and Harris Road: Agreement with Centex Homes, Inc. ($236,250.00) for acquisition of park land for Mountain Vista Park. Appropriate $236,250.00 Park Improvement Fund Balance to reimburse Centex Homes, inc. Environmental Impact Report for Annexation No. 467, General Plan Amendment/Zone Change 04-0853 (Rio Bravo No. 3): Agreement with GFC Properties, LLC for the preparation of an Environmental impact Report (EIR) and appropriate $119,970.00 (developer's contribution) to the Development Services Operating Budget in the general fund. Agreement with RBF Consulting ($119,070.00) to prepare an Environmental Impact Repod (EIR) for Annexation No. 467, Generel Plan Amendment/Zone Change 04-0853 (Rio Bravo No. 3) (Ward 4) (Ward 3) (Ward 7) (Ward 4) (Ward 1) (Ward 4) (Ward 1) CONSENT CALENDAR continued gg. hh. ii. kk. Bids: Environmental Impact Report for General Plan Amendment/Zone Change 04-0671 (Rosedale Ranch): Ageement with Keith Gardiner for the preparation of the Environmental Impact Report (EIR) and appropriate $120,871.00 (developer's contribution) to the Development Services Operating Budget in the general fund. Agreement with Jones and Stokes ($120,871.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 04-0671 (Rosedale Ranch). Environmental Impact Report for General Plan Amendment/Zone Change 03-188 and Vesting Tentative Tract 6352 (Eagle Meadows): Agreement with Eagle Meadows of Bakersfield 2, LLC for the preparation of an Environmental Impact Report (EIR) and appropriate $108,699.00 (developer's contribution) to the Development Services Operating Budget in the general fund. Agreement with Michael Brandman Associates ($108,699.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03- 1188 and Vesting Tentative Tract 6352 (Eagle Meadows). White Lane at State Route 99 Overcrossing Widening and Interchange Improvements: Amendment No. 2 to Consultant Agreement No. 03-236 with Parsons Brinckerhoff Construction Services Inc. to increase compensation to the Consultant ($76,092.00, for a total contract amount of $396,547.00) for Construction Management Services. Appropriate $80,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. Amendment No. I to Agreement No. 03-104 with Doyle Ellis, LLC to change contractor's name to Alon Asphalt Bakersfield, Incorporated. Amendment No. 2 to Consultant Agreement No. 01-168 with RJM Design Group, Inc. to increase compensation to the Consultant ($50,000.00, for a total contract amount of $511,230.00) for Landscape Architectural, Architectural and Engineering Service for 30 acre park on Stockdale Highway at Buena Vista Road. Contract Change Order No. 1 to Agreement No. PW04-049 with Graham Prewitt, Inc. ($3,928.00, for a revised contract amount of $25,428.00) for the re-roof of Martin Luther King, Jr. Breezeway and Park Restroom Project. Accept bid from Kern County Construction inc ($845,771.00) for construction of three (3) concrete block pump houses, installation of three (3) deep well turbine pumps and motors, three (3) electrical panel boards, one (1) generator, one (1) fuel tank and miscellaneous piping and appurtenances for Ashe Water wells L-210, L-211, and CBK44 for the Water Resources Department. mm. Wastewater Treatment Plant No. 2 Boiler and Generator Upgrade: Accept bid to award contract to Kaweah Construction Company ($193,888.00) for project. Appropriate $130,000.00 Sewer Enterprise Fund Account Balance to the Capital Improvement Budget. 10. (Ward 6) CONSENT CALENDAR continued Miscellaneous: nn. Appropriate $40,595.00 Transient Occupancy Tax fund balance to the Non-Departmental Operating Budget and authorize payment to the Convention and Visitors Bureau. oo. City Positions on League of California Cities Resolutions. pp. Appointment of League Voting Delegate and Alternate for the Annual Conference. Staff recommends adoption of Consent Calendar items a through pp. CONSENT CALENDAR HEARINGS a. Public hearing to consider an appeal by the Sierra Club on the Planning Commission's approval of Vesting Tentative Tract 6290 located on the southwest corner of McKee and Stine Roads. (Appellant: Sierra Club/Engineer: Quad-Knopf/Subdivider: JM Construction) Staff recommends continuance to the September 22, 2004 Council meeting. (Ward 4) (Ward 6) General Plan AmendmentJZone Change 04-0410; Porter-Robertson has requested a general plan amendment and ordinance amendment on 13.18 acres located along the north side of Hageman Road between Landco Drive and Knudsen Drive. Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use from GC (General Commercial) to LI (Light Industrial) on 13.18 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 102-15 from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on 13.18. Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the ordinance. General Plan Amendmenb'Zone Change 04-0422; SmithTech USA Inc. has proposed a General Plan Amendment and an ordinance amendment for 77 acres, located south of McCutchen Road, generally between Ashe Road and Stine Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change land use designation from R-IA to LR on 77 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A to an R-1 zone on 77 acres. Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the ordinance. 10. (Ward 4) (Ward 4) 11. (Ward 3) CONSENT CALENDAR HEARINGS continued General Plan Amendment/Zone Change No. 04-0431; Castle & Cooke California, Inc. is proposing an office commercial development on 40 acres located adjacent on the north side of Stockdale Highway, between Allen Road and Jewetta Avenue. Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to OC (Office Commercial) on 19.24 acres and HR (High Density Residential) to OC (Office Commercial) on 20.57 acres. First Reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission, and amending Title 17 of the Municipal Code and Zoning Map Nos. 101- 36 and 122-01, to change the zoning from R-1 (One Family Dwelling) to C-O (Professional and Administrative Office) on 19.24 acres and R-3 (Limited Mulitple- Family Dwelling) to C-O (Professional and Administrative Office) on 20.57 acres. Staff recommends adoption of resolution and give first reading to ordinance. General Plan Amendment/Zone Change No. 04-0441; Lennar Bakersfield is proposing single family residential development on 56.48 acres located south of Reina Road and west of Allen Road. The project site is being processed for annexation to the City. The western 600 feet of the project site is also being processed for amendment within the Sphere of Influence Boundary. Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the General Plan Amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 56.48 acres. First Reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission, and amending Title 17 of the Municipal Code and Zoning Map No. 101-14 to change the zoning from A (Agricultural) to R-1 (One Family Dwelling) on 56.48 acres. Staff recommends adoption of resolution and give first reading to the ordinance. Public hearing to consider resolution making findings approving the Environmental Impact Report and amending Circulation Element of the Metropolitan Bakersfield General Plan to adopt a specific p~an line for Allen Road Bridge over the Kern River between Stockdale Highway and Ming Avenue. (GPA 03-0724). Staff recommends adoption of resolution. HEARINGS Public hearing to consider resolution upholding the decision of the Planning Commission, denying the appeal, adopting the Negative Declaration and approving Vesting Tentative Tract Map 6318 generally located south of Chase Avenue and east of Kern Canyon Road (State Route 184). (Appellant: Sierra Club/Engineer: Porter-Robertson Engineering/Subdivider: Arnold & Vicki Young) Staff recommends adoption of resolution upholding the Planning Commission's decision to approve and adopt the negative declaration and Vesting Tentative Tract Map 6318, and deny the appeal. 11. (Ward 7) HEARINGS continued General Plan Amendment/Zone Change 04-0266; Ralph Abdshami has appealed the Planning Commission's decision denying his request for a general plan amendment and ordinance amendment for nine acres, located at the northeast corner of Monitor Street and Hosking Road. 12. 13. 14. Resolution approving the Negative Declaration and denying the general plan amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial) on nine acres located at the northeast corner of Monitor Street and Hosking Road. Resolution upholding the Planning Commission's decision approving the negative declaration and disapproving the amendment to Title 17 of the Municipal Code and Zoning Map 124-30 from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on nine acres. Staff recommends adoption of resolution approving the negative declaration, upholding the Planning Commission's decision denying the general plan amendment and zone change; and, denying the appeal. REPORTS Update on activities in Bakersfield Redevelopment Project Areas. (Staff presentation by Economic Development Director Donna Kunz) Staff recommends Council receive update. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 9/2/04 10:35am 8 AGENDA HIGHLIGHTS SEPTEMBER 8, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be conferences with legal counsel regarding three cases of pending litigation and four cases of existing litigation. There will also be a conference with the labor negotiator. CONTINUATION OF REGULAR MEETING - 7:00 p.m. CONSENTCALENDAR Ordinances: Item 9c. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from A-20A Aqdculture - 20 acre limit} to R-1 (One Family Dweliinq} on 40.46 Acres, Located at the Northeast Corner of Old River Road and Harris Road. This change would allow for residential development, and bring the zoning into conformance with the General Plan designation. The Planning Commission recommends approval of the change. Item 9d. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqin~] the ZoninQ from R-2 (Limited Multiple Family Dwellinq} to an R-1 (One Family Dwellinq} on 8.96 Acres. Generally Located on the South Side of Paladino Road, between Fairfax Road and Morninq Drive. This change would allow for residential development, and bring the zoning into conformance with the General Plan designation. The zone change was a condition of approval of Tract 6202, as the subdivision would have created lots with split zoning, having both R-1 and R-2 designations. The Planning Commission recommends approval of the change. Item 9e. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from DI (Drillinq Island} to E (Estate} on 2.5 Acres, Generally Located North of Snow Road, East of the Friant-Kern Canal, Generally West of Calloway Drive. In February, 2004, Council approved changing the zoning from A to E on 74.35 acres, and from A (Agriculture) to DI on 2.5 acres. At that time, the property owner did not own the mineral rights on the 2.5 acres. Staff finds that the subject drilling island is no longer necessary, since the owner has now obtained the mineral rights, and recommends approval of the requested zone change. The zone change would allow for the development of single family residences and would bring the zoning of this site into conformance with SR (Suburban Residential) General Plan designation. Resolutions: Item 9m. Resolution Adoptinq and Certifyinq the Final Environmental Impact Report for General Plan Amendment 03-0724 to Adopt a Specific Plan Line for the Allen Road Bridqe over the Kern River between Stockdale Hiqhway and Minq Avenue. The project involves a Circulation Element amendment to re-align Allen Road over the Kern River, which would permit the development of a bridge. An EIR was prepared, in accordance with CEQA. The Planning Commission recommended approval of the EIR and the project. There will be a public hearing for this item later in this meeting. Agenda Highlights September 8, 2004 Page 2 Item 9n. Resolution Determininq that the Purchase of Replacement Parts for the Tricklinq Filter Pumps at Wastewater Treatment Plant 3 Cannot be Obtained throuqh Usual Biddinq Procedures and Authorizinq the Finance Director to Dispense with Biddinq Therefore, in an amount not to exceed $54,000. The trickling filter pumps are used to provide pumping capacity for secondary treatment of the wastewater. FIo-Systems, Inc. is the municipal sole source representative for the Southern and Central California region for these parts. Sufficient funds are budgeted for this purchase. Item 9o. Rehabilitation of the Heatinq, Ventilatinq and Air Conditioninq (HVAC} System at Bakersfield City Hall - Phase II. The existing HVAC system for City Hall is 49 years old and has been renovated several times. Phase I of the current rehabititation was completed in FY 2002-03. Additional funds have been budgeted to proceed with Phase II, which consists of replacing three air handling units and the Building Automation System, as wetl as any necessary retrofit of existing equipment. Phase I of the rehabilitation of the HVAC System was pedormed by TRANE Commercial Service Company. Performing Phase II with TRANE equipment is compatible with the previous work of Phase I and will minimize inventory. The proposed agreement with TRANE Commercial Service Company is for $309,826. An additional $5,174 is needed for potential change orders, bringing the total to an amount not to exceed $315,000. Item 9x. Sale of Real Property South of Snow Road to K¥1e Carter Homes, Inc. in the amount of $119,000. In January, 2003, the City purchased two lots from Kyle Carter Homes, Inc. to use as a domestic water well site. It has now been determined that the water contained high levels of nitrates, so the wel~ will be abandoned. Kyle Carter Homes, Inc. desires to purchase the lots to the complete the development plans for the area. Aqreements: Item 9aa and bb. Aqreements to Lease City-Owned Real Prooertv. The City has been acquiring properties for the Westside Parkway Project. Several properties near the intersection of Coffee Road and Brimhall Road were acquired from CalTrans for this purpose. Before CaITrans transferred the properties, it leased a portion on the southeast corner to the operators of Las Palmas Nursery. This was done to prevent illegal dumping and provide land maintenance until construction begins on the Parkway. There are two more requests to lease property in the area. The lease terms will be consistent with those in effect for Las Palmas Nursery, which are that the business owner will have to install all improvements necessary to conduct his business as though it were permanent, restore the property to its original condition when construction on the Parkway begins, and provide a $10,000 deposit to ensure the improvements are removed. Mr. Grant Goldberg is interested in 0.5 acres of land on the west side of Coffee Road, south of Brimhall Road to sell coffee drinks. The agreement will be on a month-to-month basis, at $500 per month. Mr. Doug Wattenbarger is also interested in 5.09 acres to sell building materials. The property he is interested in is located at 7831 Bdmhall Road, just east of Las Palmas Nursery. The agreement will also be month-to-month, although his rent will be $1,000 per month. Item 9cc. Aqreement with Bakersfield Association for Retarded Citizens, inc., a Local Non-Profit Aqenc¥, to Purchase One Surplus Roll-Off Refuse Truck for $35,000. The Municipal Code provide~ for this action and states that any sale to a non-profit agency shall be subject to approval by the City Council. Item 9dd. Park at Mountain Vista Drive and Harris Road. In January, 2003, the Planning Commission approved a tract at this location. The tract approval designated a 10.42 net acre City park site. Centex Homes, Inc. is required to dedicate 3.67 net acres of park land. This agreement will provide Agenda Highlights September 8, 2004 Page 3 payment of $236,500 to Centex Homes, Inc. for the remaining 6.75 net acres. Funds are available from the South/Southwest Park Zone Fund. Two acres of this land is planned to be used for a City fire station. After acquisition is complete, the City intends to process a zone change to be consistent with a fire station. It is expected that the South/Southwest Park Zone Fund will be reimbursed for the proportionate share cost ($70,000) for the two acres. ~tem 9hh. White Lane at State Route 99 Overcrossinq Wideninq and Interchanqe Imorovements. The City and Parsons Brinckerhoff Construction Services Inc. entered into an agreement in July, 2003 for construction management services. Due to unforeseen circumstances, the duration of this project will be extended; therefore, the construction management services agreement will also need to be extended. This amendment will increase the compensation to the consultant by $76,092, for a total contract amount of $396,547. A portion of this extension is due to design issues. The City anticipates reimbursement from URS Corporation, the project designer, for the portion of this amendment for which they are responsible. Items 9ii. Amendment No. 2 to Consultant Aqreement No. 01-168 with RJM Desiqn Group, Inc. to Increase Compensation to the Consultant by $50,000 (for a total contract amount of $511.230) for Landscape Architectural, Architectural and Enqineerinq Service for 30-Acre Park on Stockdale Hiqhwa¥ at Buena Vista Road. The City and RJM Design Group, Inc. entered into agreement in July, 2001 for preparation of plans, specifications and estimates for the 30-Acre Park. In April 2004, RJM Design Group, Inc. completed this task. In May, 2004, the City received two bids, which were substantially higher than the engineers estimate and were rejected. With this Amendment, the original project plans, specifications and estimates will be redefined as two separate projects: 1) Building Components and 2) Site Improvement Components. Both projects are anticipated to be constructed at the same time. In addition, the projects will include features of the park which originally were to be built in future phases. Item 9kk. Contract Chanqe Order No. I to Aqreement No. PW04-049 with Graham-Prewitt, Inc. for the Re-roof of Martin Luther Kinq, Jr. Breezeway and Park Restroom Project in the amount of $3,92tj (for a revised contract amount of $25,428.00~. This change order provides for installing new plywood roof sheathing on the breezeway of the MLK Recreation Center. During the removal of existing roofing materials, it was discovered that moisture and age had deteriorated the plywood substrate. This plywood must be replaced so that the new roofing materials can be installed. The contractor has agreed to do this work for the lump sum price of $3,928. Bids: Item 911. Award Contract to Kern County Construction Inc. for Construction of Three Concrete Block Pump Houses, Installation of Three Deep Well Turbine Pumps and Motors, Three Electrical Panel Boards, One Generator, One Fuel Tank, and Miscellaneous Pipinq for Appurtenances for Ashe Water Wells in the amount of $845,771. This project will bring three new domestic water wells into operational status adding needed capacity and pressure to the northwest side of town. Six acceptable bids were received. Staff recommends award to Kern County Construction, Inc. Item 9mm. Award Contract to Kaweah Construction Company for the Wastewater Treatment Plant No. 2 Boiler and Generator Upqrade in the amount of $193,000. In 1996, a fire at Wastewater Plant z damaged the sound dampening tiles on the ceiling and walls, the emergency generator controls, and various other systems in the engine room. Stopgap repairs were made and the soundproofing was removed after the fire. This project will provide the upgrades needed to complete the repairs. Agenda Highlights September 8, 2004 Page 4 MOSt of the work will be done by a contractor, and some items will be purchased and installed by the City. Additional appropriations are required to cover the costs of this bid and various items which are not part of the bid. Five acceptable bids were received. Staff recommends award to Kaweah Construction Company. Miscellaneous: Item 9nh. Appropriate $40,595 Transient Occupancy Tax Fund Balance to the Non-Departmental O[~eratina Budqet and Authorize Payment to the Convention and Visitors Bureau. In March, 2002, Council approved an agreement with the Bureau which established a commitment to pay 11% of the Transient Occupancy Tax realized by the City for the fiscal year that services are received. Due to the delay in receipting these revenues after June 30, the City advanced monthly payments based on budgeted Transient Occupancy Tax of $5.7 million, with a reconciliation payment to the actual revenues totaling $6,069,043 for 2003-04. Therefore, the Bureau is due $40,595, which equals 11% of the $369,043 difference between the budgeted and actual Transient Occupancy Tax. Item 9oo. City Positions on Leaaue of California Cities Resolutions. The Legislative and Litigation Committee agreed at its August 23, 2004 meeting to support two resolutions: 1) Amending the League's Bylaws; and 2) Encouraging Healthier Lifestyles for children, Adults and Seniors in Cities throughout California. The Committee is forwarding these recommendations to Council for approval and direction to the City's Conference Voting Delegate. The resolutions must be acted upon at this meeting in order for the Voting Delegate to be given Council direction in time for the League's Annual Conference September 17- 19, 2004. Item 9pp. Appointment of Leaque Votinq Deleqate and Alternate for the Annual Conference. Each year, Council appoints a Voting Delegate and Alternate to represent the City's position at the League's Annual Conference. The Legislative and Litigation Committee agreed at its August 23, 2004 meeting to recommend that Council appoint Councilmember Jacquie Sullivan as this year's Voting Delegate and Councilmember Mark Salvaggio as Alternate. CONSENT CALENDAR HEARINGS Items 10a. Public Hearinq to Consider an Appeal by the Sierra Club on the Planninq Commission's A[~proval of Vestinq Tentative Tract 6290 Located on the Southwest Corner of McKee and Stine Roads. The subdivision consists of 401 lots for purposes of single-family development and lots for a park, drainage basins, lift station, water well and the Farmers Canal on 111.77 acres zoned R-1 (One Family Dwelling). The Planning Commission approved the tentative tract map on July 1, 2004. The Sierra Club filed an appeal based on their usual concerns. The subdivider (JM Construction) has requested a continuance of this hearing to the September 22, 2004 Council meeting to allow time to meet and resolve issues with the Sierra Club. Item 10b. General Plan Amendment/Zone Chanqe on 13.18 Acres Located alonq the North Side of Haqeman Road between Landco Drive and Knudsen Drive. This amendment acknowledges both the existing approvals on the site (mini-storage) and changes the balance of the site to light industrial uses. There is an existing approved Conditional Use Permit and approved site plan for the mini- storage project which covers about seven acres of the site. For simplicity in mapping, the Planning Commission approved both the applicant's (Porter-Robertson) request (8.18 acres) and changed the balance of the parcel to M-1 (Manufacturing) for a total of 13.18 acres. Agenda Highlights September 8, 2004 Page 5 Item 10c. General Plan Amendment/Zone Chanqe for 77 Acres Located South of McCutchen Road, Generally between Ashe Road and Stine Road. This amendment would permit the development of single family residential units. The Planning Commission vote included Commissioner Spencer abstaining from the vote due to his opinion of not allowing further residential development to encroach on the existing sewer treatment facility. However, the Public Works Director, by memorandum presented to the Planning Commission, indicated that only a ~,~ mile separation between the Treatment Facility and residential uses should be kept. This project has a ~/~ mile separation from the treatment facility. No one was in opposition to the request and the applicant (Smithtech USA, Inc.) agreed to all conditions and mitigation for the project. Item 10d. General Plan Amendment/Zone Chanqe on 40 Acres Located on the North Side of Stockdale Hiqhway, between Allen Road and Jewetta Avenue. The applicant (Castle & Cooke California, Inc.) is proposing an office commercial development. The western half of the project site has been designated and zoned for single-family residential development since 1997. The eastern half was designated and zoned for multi-family residential development on January 14, 2004. The proposal does not conflict with the existing tentative tract maps that have been approved adjacent to the north of the project site. Item 10e. General Plan Amendment'Zone Chanqe on 56.48 Acres Located South of Reina Road and West of Allen Road. The applicant (Lennar Bakersfield) is proposing single-family residential development. Similar residential development is occurring to the northeast and southeast of the project site. The property directly east is designated and zoned for multi-family residential development. The property adjacent to the south has been approved for a 258 lot subdivision. The project site is being processed for annexation to the City. The western 600 feet of the project site is also being processed for amendment within the Sphere of Influence Boundary. Item 10f. Public Hearinq to Consider a Resolution Makinq Findinqs Approvinq the Environmental Impact Report and Amendinq the Circulation Element of the Metropolitan Bakersfield General Plan to Adoot a Specific Plan Line for Allen Road Bridqe over the Kern River between Stockdale Hiqhway and Minq Avenue. This amendment to the Circulation Map of the General Plan would adopt a specific plan line to re-align the alignment of Allen Road and permit the development of a bridge over the Kern River along Allen Road. The new alignment will move Allen Road north of the Kern River, toward the east to avoid the removal of existing homes. The Planning Commission recommends Council approval. HEARINGS Item 11a. Resolution Upholdinq the Decision of the Planninq Commission, Denyinq the Appeal, Adootinq the Neqative Declaration and Approvinq Vestinq Tentative Tract Map 6318, Generally Located South of Chase Avenue and East of Kern Canyon Road (State Route 184). The subdivision consists of 100 lots for purposes of single-family development on 29.87 acres zoned R-1 (One Family Dwelling). The Sierra Club appealed the decision based on their usual concerns. Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and incorporated into the Negative Declaration. The project was continued from the June 3r~ to the July Ist Planning Commission meetings to allow the developer (Porter-Robertson Engineering) and staff to address neighborhood concerns regarding traffic circulation. These issues were resolved to the satisfaction of the residents of the adjoining neighborhood prior to the meeting on July 1st. The Planning Commission conditionally approved Vesting Tentative Tract Map 6318 at this meeting. Staff recommends upholding the Planning Commission's decision to adopt the negative declaration, conditionally approve the tentative tract map and deny the appeal. Agenda Highlights September 8, 2004 Page 6 Item 11b. General Plan Amendment/Zone Chanqe for 9 Acres Located at the Northeast Corner of Monitor Street and Hoskinq Road. The applicant (Ralph Abrishami) is proposing a commercial development on this property. In June, 2004, the Planning Commission denied the request because it is inconsistent with the General Plan land use policy regarding: 1) the siting of new commercial projects within 1/2 mile of existing commercial sites; and 2) site geometrics as this parcel is 1,300 feet long and only 300 feet wide. There are 3 vacant commercial parcels within 1/2 mile with no extenuating circumstances to permit more commercial in the area. Representatives from Golden Valley High School and the Greenfield School District spoke in opposition to the project, citing student safety issues. These include traffic generation, unsafe student areas, providing a convenient nuisance that will promote misbehavior, such as a potential for leaving school, and potential exposure of students to adult predators hanging out at the commercial center. The applicant is appealing the Commission's decision. Staff recommends denying the General Plan Amendment and the appeal. REPORTS Economic Development Director, Donna Kunz will give an update on activities in the Bakersfield Redevelopment Project Areas. Approved: John W. Stinson, Assistant City Manager cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: O~. 7-. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Ktimko, Finance Director August 10, 2004 APPROVED A rORN SUBJECT: Agreement with Wilson & Associates (not to exceed $72,500) to provide specialized Continuing Disclosure services for various Special Assessment Districts. (Wards 4, 5, 6 & 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 12 active Assessment Districts, with a total bonded indebtedness of $38,935,000.00 which all require Continuing Disclosure Certificates. The City has covenanted in its respective Continuing Disclosure Certificate for the benefit of the Bondholders to provide an annual report containing certain financial information and operating data relating to each Assessment District and the property within the Assessment District. This covenant has been made in order to assist the Underwriter in complying with Securities and Exchange Commission Ru~e 15c212(b)(5). The City does not have expertise in this area of reporting requirements. This agreement will allow us the use of a professional consultant to process these Continuing Disclosure Reports and meet the deadlines imposed by the Securities and Exchange Commission. The cost of these services will be charged to the related Special Assessment District. S:~,COREY\ADM IN~WILSON-CONTDISCAGMT.DOC ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 26, 2004 APPROVED DEPARTMENT HEAD/~,~ CITY A'I-I'ORI~EY ~ CITY MANAGER ~ SUBJECT: Agreement with Grant Goldberg to lease City owned real property located west side of Coffee Road approximately 250 feet south of Brimhall Road. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway project. The City acquired several properties located near the intersection of Coffee Road and Brimhall Road from Caltrans who had previously acquired these properties for the Parkway project. Prior to transferring the properties to the City Caltrans leased one of the properties, at the southeast corner of Bdmhall and Coffee Roads, to the individuals that operate Las Palmas Nursery. This was done to prevent illegal dumping and provide land maintenance while the properties are being held for construction. Subsequent to the City's acquisition another individual, Grant Goldberg, has expressed interest in leasing the adjoining property to sell coffee drinks. The property is located immediately west of Las Palmas Nursery and comprises approximately 0.5 acres of vacant land (see attached map). Consistent with the Las Paimas lease the agreement will be for a month to month tenancy, meaning that the City can cancel the lease with a thirty day notice. The leases are structured this way to provide the City flexibility in the construction of the Westside Parkway. Aisc, Mr. Goldberg will be required to install all the improvements, i.e. pavement, sewer connection, power, etc. necessary to conduct his business as if it were a permanent operation. However, since the City will ultimately need the property restored to its original condition to construct the Westside Parkway, Mr. Goldberg will be required to provide a $10,000 deposit to ensure of his improvements are removed. The rent is Five Hundred Dollars ($500) per month and is based on the rent structure established by Caltrans on the adjoining property and reflects the uncedainty of the lease duration. Ultimately, the goal of leasing the property is to free the City from maintenance expenses and provide security against illegal dumping, August 26, 2004, 2:22PM P:\MyFilesbAdmin Reports\WSP Olberg,doc DMAs ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calender ITEM: ¢t. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 16, 2004 APPROVED DEPARTMENT HEAD / CITY ATTO RN EY<~._... CITY MANAGER SUBJECT: Agreement with Doug Wattenbarger to lease City owned real property located at 7831 Brimhall Road. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway project. The City acquired several properties located near the intersection of Coffee Road and Brimhall Road from Caltrans who had previously acquired these properties for the Parkway project. Prior to transferring the properties to the City Caltrans leased one of them to the individuals that operate Los Palmas Nursery. This was done to prevent illegal dumping and provide land maintenance while the properties are being held for construction. Subsequent to the City's acquisition another individual, Doug Wattenbarger, has expressed interest in leasing the adjoining property to sell building materials, i.e. bricks, boulders, etc. The property is located immediately east of Los Palmas Nursery and comprises approximately 5.09 acres of vacant land. Consistent with the Los Palmas lease the agreement will be for a month to month tenancy, meaning that the City can cancel the lease with a thirty day notice. The leases are structured this way to provide the City flexibility in the construction of the Westside Parkway. Also, Mr. Wattenbarger will be required to install all the improvements, i.e. pavement, sewer connection, power, etc. necessary to conduct his business as if it were a permanent operation. However, since the City will ultimately need the property restored to its original condition to construct the Westside Parkway, Mr. Wattenbarger will be required to provide a $10,000 deposit to ensure of his improvements are removed. The rent is One Thousand Dollars ($1,000) per month and is based on the rent structure established by Caltrans on the adjoining property and reflects the uncertainty of the lease duration. Ultimately, the goal of leasing the property is to free the City from maintenance expenses and provide security against illegal dumping. jws 8/17/20o411:07:35 AM P:~ADMINFORM,wpd ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: Ct, cc,. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 17, 2004 APPROVED DEPARTMENT HEAD/~j/~ CITY ATTORNEY~._~~ CITY MANAGER ~ SUBJECT: Agreement with Bakersfield Association for Retarded Citizens, Incorporated, a local nonprofit 501 (C) (3) tax exempt organization, to purchase one (1) surplus roll-off refuse truck from the City for $35,000.00. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Finance Director has received a request from Bakersfield Association for Retarded Citizens, Incorporated to purchase one (1) used roll-off refuse truck. Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the City Council. The item is being sold "as is and with all faults" to remove the City from any potential liability claims. Purchasing Division DW:Ijm P:~.ADMIN~004 ADMIN\C04 0908 A_Surplus Roll-Off Refuse Truck doc August 17, 2004, 3:42PM ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen Director of Recreation and Parks August 26, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITYMANAGER ('~1~? Park at Mountain Vista Drive and Harris Road. (Ward 5) 1. Agreement with Centex Homes, Inc. for $236,250 for Acquisition of Park Land for Mountain Vista Park. 2. Appropriate $236,250 Park Improvement Fund Balance to Reimburse Centex Homes, Inc. RECOMMENDATION: Staff recommends approval of the agreement and authorization of the appropriation. BACKGROUND: On January 16, 2003, the Planning Commission approved Revised Vesting Tentative Tract No. 6104 located southeast of the intersection of Harris Road and Mountain Vista Drive. The Tract approval designated a 10.42 net acre city park site be located at the southeast intersection of Harris Road and Mountain Vista Drive. Centex Homes, Inc., is required to dedicate 3.67 net acres of park land and has reserved 6.75 net acres of land for acquisition by the City under this agreement to total the 10.42 pet acre park site. The agreement specifies that, upon close of escrow, a sum of $236,250 ($35,000 per acre) be paid to Centex Homes, Inc. from the south/southwest park zone for the 6.75 net acres of reserved land. Funcs for this purchase are available from park in-lieu fees collected from tracts within the south/southwest park zone. For your information, two acres of reserved land is planned to be used for a city fire station. After acquisition is complete, the city intends to process a zone change for said two acres to be consistent v, ith a fire station. It is expected that the south/southwest park zone fund will eventually be reimbursed for the proportionate share cost ($70,000) for the two acres of reserved land. August 27, 2004. 6:32AM P: ,MtVis[8 parkadrniRdc6 doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: CONSENT ITEM: c~. ¢~.. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 20, 2004 CITY ATTORNEY**/ /~//,u~ CiTY MANAGER ~ SUBJECT: Agreements for preparation of an Environmental Impact Report for Annexation, General Plan Amendment/Zone Change 04-0853 (Rio Bravo #3). (Ward 3) Agreement between GFC Properties, L.L.C. and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $119,970.00, the developer's contribution, to the Development Services Operating Budget in the general fund. Agreement between RBF Consulting and the City of Bakersfield for $119,970.00 to prepare an Environmental Impact Report (EIR) for Annexation No. 467, General Plan Amendment/Zone Change 04-0853 (Rio Bravo #3). RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: GFC Properties, L.L.C. is proposing the Rio Bravo No. 3 annexation project (GPA/ZC 04-0853) which is located generally south of the existing Rio Bravo Country Club, encompassing most of Section 23, within Township 29S, Range 29E, MDBM (see Exhibit "1"). The proposal encompasses 617+ acres and will include single family residential and limited multi-family residential uses (see project description below). The project requires preparation of an Environmental Impact Report. Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and GFC Properties, L.L.C. regarding the preparation of an Environmental Impact Report (EIR) for GPAJZC 04-0853 (Rio Bravo #3). This agreement also acknowledges that GFC Properties, L.L.C. will pay ADMINISTRATIVE REPORT Page 2 all costs associated with the preparation and completion of the EIR. The total EIR cost is $155,961.00, which consist of $119,970.00 for consultant services and $35,991.00 to reimburse the City for its costs. Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for Annexation No. 467, General Plan Amendment/Zone Change 04-0853 (Rio Bravo #3). Project Description: The project consists of an annexation, general plan amendment and zone change over 617+ acres in northeast Bakersfield. The applicant is requesting to be annexed to the City and change the Metropolitan Bakersfield General Plan designation from A (Agriculture) to LR (Low Density Residential) and LMR (Low Medium Density Residential). Concurrent zoning would be from an A (Agricultural) zone to R-l(One-Family Dwelling) zone on 600+ acres and R-2 (Limited Multiple Family Dwelling) zone on 17+ acres. Some of the property may require a HD (Hillside Development Combining) zone overlay designation depending on a slope analysis provided by the applicant. The applicant estimates 1300 units will be constructed within the project area at buildout. ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: 4~. -~:'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 20, 2004 DEPARTMENT H~,,~ CITY ATTORN~ CITY MANAGER Agreements for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change 04-0671 (Rosedale Ranch). (VVard 4) Agreement between Keith Gardiner and the City of Bakersfield for the preparation of the Environmental Impact Report (EIR) and appropriate $120,871.00, the developer's contribution to the Development Services Operating Budget in the general fund. Agreement between Jones and Stokes and the City of Bakersfield for $120,871.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 04-0671 (Rosedale Ranch). RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: Keith Gardiner is proposing the Rosedale Ranch project (GPA~ZC 04-0671) which is located in Metropolitan Bakersfield northwest region. APPLICANT - CITY AGREEMENT This agreement acknowledges that Keith Gardiner will pay for all costs associated with the preparation and completion of the EIR. The totat EIR cost is $160,771.00, which consists of $120,871.00 for consultant services and $39,900.00 to reimburse the city for its costs. CONSULTANT - CITY AGREEMENT This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 04-0671 (Rosedale Ranch). PROJECT DESCRIPTION: The project is an amendment to the Land Use Element and Circulation Etement of the Metropolitan Bakersfield General Plan and a concurrent zone change. The project covers 1,600 acres in the ADMINISTRATIVE REPORT Page 2 northwestern portion of the Metropolitan Bakersfield planning area. The land use plan proposes 4,500 residential units, more than 200 acres of commercial and 170 acres of industrial. Two freeway alignments bisect the project and a rail line delineates an entire western boundary. The project is not currently within the Sphere of Influence (SOl) but is a major portion of the city's current request before LAFCO to amend the SOl, Annexation of the entire project area is also proposed by the applicant and is a major component of the request. MG:pjt Admin\9-8-0671 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: 4. ~]. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 24, 2004 ~,~PR, OVED DEPARTMENTHE~~/ CITY ATTORNEY,/'/ CITY MANAGER SUBJECT: Agreements for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows). (Ward 3) Agreement between Eagle Meadows of Bakersfield 2, LLC., a California Corporation and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $108,699.00, the developer's contribution to the Development Services Operating Budget in the general fund. Agreement between Michael Brandman Associates and the City of Bakersfield for $108,699.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract'6352 (Eagle Meadows). RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: Eagle Meadows of Bakersfield 2, LLC is proposing Eagle Meadows as a single family residential development (GPA/ZC 03-1188 and Vesting Tentative Tract 6352), which is located between Highways 178 and 184, east of Vineland Road and west of Mesa Marin Raceway (see Exhibit "1" and Exhibit "2"). The proposal encompasses 120 acres and will include a variety of land uses (see project description below). The project requires preparation of an Environmental Impact Report. Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Eagle Meadows of Bakersfield 2, LLC regarding the preparation of an Environmental Impact Report (EIR) for GPA/ZC 03-1188 and Vesting Tentative Tract 6352. This agreement also acknowledges that Eagle Meadows of Bakersfield 2, LLC will pay all costs ADMINISTRATIVE REPORT Page 2 associated with the preparation and completion of the EIR. The total EIR cost is $141,299.00, which consist of $108,699.00 for consultant services and $32,610.00 to reimburse the City for its costs. Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows development). Project Description: The project is an amendment to the Land Use Element and the Circulation Element of The Metropolitan Bakersfield General Plan, a concurrent Zone Change and a Vesting Tentative Tract. The proposed Land Use and the Zone Change will consist of a change from Open Space to Low Density Residential on approximately 2.7 acres. The Circulation Element proposes to designate Highland Knolls as a collector street from Vineland Road east for approximately 1,600 feet. Vesting Tentative Tract 6320 consists of 478 single family lots on 120 acres. JE Admin\9-8-6352 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: el, hh, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 26, 2004 DEPARTMENT HEAD /~VED CITY A'I-I'ORNEY CITY MANAGER Construction Management Services for White Lane at State Route 99 Overcrossing Widening and Interchange Improvements (Ward 7): 1. Amendment No. 2 to Consultant Agreement No. 03-236 with Parsons Brinckerhoff Construction Services Inc. to increase compensation to the Consultant by $76,092 (for a total contract amount of $396,547) for Construction Management Services. 2. Appropriate $80,000 Transportation Development Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: The City of Bakersfield and Parsons Brinckerhoff Construction Services Inc. entered into an agreement on July 30, 2003 for construction management services for the White Lane at State Route 99 Overcrossing Widening and Interchange Improvement project. Due to unforeseen circumstances, the duration of this project will be extended. Therefore, the construction management services will also need to be extended through project completion. A portion of this extension is due to issues with the design of this project. The City anticipates reimbursement from URS Corporation, the project designer, for the portion of this amendment costs for which they are responsible. August 26, 2004, 4:05PM G:,GROUPDA ~v~,DMINRPT~?.004\09-08~Amendemt no.2 ~o 03-236.doc MEETING DATE: September 8, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 4{.1~' TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 25, 2004 APPROVED DEPARTMENT HEAD.- CITY ATTORNEY z,,'"'~-~ CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 03-104 with Doyle Ellis, LLC to change contractor's name to Alon Asphalt Bakersfield, Incorporated. RECOMMENDATION: Staff recommends approval. BACKGROUND: The current annual contract with Doyle Ellis, LLC provides for the purchase of asphalt rejuvenator/sealant for City streets. It will expire May 16, 2005. Doyle Ellis, LLC has entered into an asset purchase agreement with Alon Asphalt Bakersfield, Incorporated, and the approval of this amendment will ensure that the contractor's correct business name will be utilized in the future. All other terms and conditions shall remain unchanged and in full force and effect. Purchasing Division / Annual Contract -Asphalt Rejuvenator/Sealant DW:tjm P:~ADMIN~004 ADMIN\C04_0908_B_Amendment 1 _To Agreement 03-104 Name Change Alon Asphalt doc August 25, 2004, 1:48PM ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director August 27, 2004 APPROVED A ORNE¥ CITY MANAGER Amendment No. 2 to Consultant Agreement No. 01-168 with RJM Design Group, Inc. to increase compensation to the Consultant by $50,000.00 (for a total contract amount of $511,230.00) for Landscape Architectural, Architectural and Engineering Service for Thirty Acre Park on Stockdale Highway at Buena Vista Road. (Ward 4) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND The City and RJM Design Group, Inc. entered into agreement on July 18, 2001 for preparation of plans, specifications and estimates for the Thirty Acre Park on Stockdale Highway at Buena Vista Road. In April 2004, RJM Design Group completed plans, specifications and estimates for phase one of this project. On May 26, 2004, the City received two bids from Contractors for this Project. Due to the overwhelming inflation in construct[on materials and labor costs, bids received were substantially higher than the engineers estimate and were rejected. With this amendment no. 2, the original project plans, specifications and estimates will be redefined as two separate projects. The two projects are Building Components and Site Improvement Components. Both projects are anticipated to be constructed at the same time. In addition, the projects will include features of the park which were to be future phases in the originat project plans. August 27, 2004, 10:27AN~ G:\GROUPDAT~ADMINRPT~2.004\09-08\AdminRpt_amend2_ 0~-168 doc MEETING DATE: September 8, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 24, 2004 APPROVED DEPARTMENT HEAD ._j~_ CITY ATTORNEY ~ CITY MANAGER Contract Change Order No. 1 to Agreement No. PW04-049 with Graham-Prewitt, Inc. for $3,928.00 (for a revised contract amount of $25,428.00) for the Re-roof of Martin Luther King, Jr. Breezeway and Park Restroom Project 0Nard 1). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This change order provides for installing new plywood roof sheathing on the breezeway of the MLK Recreation Center. During the removal of exJsting roofing materials, it was discovered that moisture and age had deteriorated the plywood substrate. This plywood must be replaced so that the new roofing materials can be installed. The contractor has agreed to do this work for the lump sum price of $3,928. Rick_M@Construction 8/23/2004 4:53:14 PM G:/GROUPDAT1AE)MINRPT~2004\09.08!Reroof MLK Breezeway doc ADMINISTRATIVE REPORT MEETING DATE September 8, 2004 AGENDA SECTION: ITEM: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager August 23, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~(~1~ SUBJECT: Accept bid from Kern County Construction inc; in the amount of $845,771.00 for 'Construction of (3) concrete block pump houses, installation of three dee~) well turbine pumps and motors, three electrical panel boards, one generator, one ruer tank and miscellaneous piping and appurtenances for Ashe Water wells L-210, L-211, and CBK44" for the Water Resources Department, (Ward Number 4) RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: This project will bring three new domestic water wells into operational status adding needed capacity and pressure to the City of Bakersfield's expanding northwest side of town. 6 bids were received on August 20, 2004 for this project, as follows: Kern County Construction Inc, P. O. Box 6096 Bakersfield, CA 93386 ............................................................... Bakersfield Well and Pump Company 7212 Fruitvale Avenue Bakersfield, CA 93308 ........................................................... Specialty Construction 645 Clarion Court San Luis Obispo, CA 93401 (Out of County) ................................. Brown and Fowler. 4211 Atlas Court Bakersfield CA 93308 Special Service Contractors Inc. P. O. Box 3121 Paso Robles, CA 93447 in the amount of: $845,771.00 the amount of: $961,733.00 in the amount of: $970,000.00 in the amount of: $975,108.00 in the amoun of: $1,008,410.00 HPS Mechanical Inc. 3100 East Belle Terrace Bakersfield CA 93307 ...................... . ...... in the amount of: $1,142,725.00 August 23, 2004, 4:32PM [ C:/Documents and Set[Jngs~schoa(elDesk[op'adm n082304 bid doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 24, 2004 IAGENDA SECTION: Consent Calendar ITEM: ~t. DEPARTMENT HEAD ~¥ED CITY ATTORNEY /~'-'- CITY MANAGER ~_,~?_'~_ Wastewater Treatment Plant No. 2 Boiler and Generator Upgrade (Ward 1): 1. Accept bid to award contract to Kaweah Construction Company ($193,888) for project. 2. Appropriate $130,000 Sewer Enterprise Fund Account Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: In 1996 a fire in the headworks building at Wastewater Plant 2 damaged the sound dampening tiles on the ceiling and walls, the emergency generator controls, and various other systems in the engine room. Stopgap repairs were made and the soundproofing was removed after the fire. This project will provide the repairs and upgrades needed to complete the repairs. These include the following: I. Replacement of the liquid propane vaporizer on the emergency generator fuel system; 2. New controls for the emergency generators; 3. New radiators for the emergency generators; 4. New sound dampening panels for the ceiling and walls in the engine room; and 5. Demolition and removal of two old boilers in the engine room. Most of the work will be done by a Contractor. Some items will be purchased and installed by the City. Additional appropriations are required to cover the costs of this bid and various items which are not part of the bid Five bids for were received on August 20, 2004 as listed below: Kaweah Construction Company 335 N. Thorne Ave. Fresno, CA 93706 in amount of $193,888 Delta Construction Company 10 E. Vine St. Suite 204 Redlands, CA 92323 in amount of $194,250 J & W Construction 10142 Shoemaker Ave. Santa Fe Springs, CA 90670 in amount of $208,000 Augus 2~, 2004, 1t:42AM G:\GROUPDA~ADMINRPT~2004\09-08~Admin Rept E3K006 doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 Honorable Mayor and City Council Alan Tandy, City Manager August 24, 2004 TO: FROM: DATE: SUBJECT: IAGENDA SECTION: Consent Calendar ITEM: ~. 00. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER City Positions on League of California Cities Resolutions RECOMMENDATION: Committee recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee met on August 23 to review the proposed League of California Cities annual conference resolutions. The resolutions, when approved by the General Assembly at the Annual Conference, will provide important policy guidance for the League during the upcoming year. In its meeting, the Legislative and Litigation Committee reviewed information and took a position for each of the two resolutions proposed. The Committee's recommendations for the proposed resolutions aye: Resolution 1: Amending Bylaws of the League of California Cities Support Resolution 2: Encouraging Healthier Lifestyles for Children, Adults and Seniors in Cities Throughout California Support The Committee is forwarding these recommendations to Council for approval and direction to the City's Conference Voting Delegate to vote accordingly. As the City's representative, the Voting Delegate has the authority to forward the Council's agenda as proposed resolutions change during the course of the Annual Conference, in keeping with the Council's historical directive. The resolutions must be acted upon tonight in order for the Voting Delegate to be given Council direction in time for the League's Annual Conference September 17-19, 2004. August 24, 2004, 8:50AM P:~L&L~Admin Reports\ADM04-09-08-2-LeagueResolutions.doc ADMINISTRATIVE REPORT M Eu. rING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: C~. De. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager August 24, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /"~ CITY MANAGER ~ Appointment of League Voting Delegate and Alternate Annual Conference RECOMMENDATION: Appointment of Councilmember Jacquie Sullivan as League Voting Delegate and Councilmember Mark Salvaggio as Alternate. BACKGROUND: Each yea'r, as part of the City's membership in the League of California Cities, the City Council appoints a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. This year's annual conference is being held September 17-19, 2004 at the Long Beach Convention Center. The annual business meeting will be held on Sunday, September 19, beginning at approximately 10:00 a.m. The Legislative and Litigation Committee met on August 23 2004, to discuss this ssue The De egate and Alternate are typ cally appointed from among elected leaders attending the Annual Conference. Appointees for Council approval have traditionally been recommended by the Legislative and Litigation Committee. The Legislative and Litigation Committee is, therefore, recommending that Council appoint Councilmember Jacquie Sullivan as this year's League Voting Delegate and Councilmember Mark Salvaggio as Alternate. August 24, 2004, 8:30AM P:'~L&L~Admin Reports~AeM04-09-08.1-VotingDelegate doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: ITEM: 10. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 23, 2004 ~A~ROVED DEPARTMENT C.¥ATTORN CITY MANAGER Continuance of hearing regarding an appeal by the Sierra Club on the Planning Commission's approval of Vesting Tentative Tract 6290 located on the southwest corner of McKee and Stine Roads. (Appellant: Sierra Club / Engineer Quad-Knopf / Subdivider: JM Construction) (Ward 6) RECOMMENDATION: / Staff recommends continuance to the September 22, 2004 City Council meeting. BACKGROUND: The subdivider has requested a continuance of this hearing to the September 22, 2004 City Council meeting to allow time for him to meet and resolve issues with the Sierra Club (See attached letter Exhibit "A"). On July 1, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map 6290. The subdivision consists of 401 lots for purposes of single family development and lots for a park, drainage basins, lift station, water well and the Farmers Canal on 111.77 acres zoned R-1 (One Family Dwelling) zone. The project site is located at the southwest corner of McKee and Stine Roads. The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating analysis on cumulative impacts on air quality and traffic needs to be prepared in an Environmental Impact Report (EIR) (See attached letter Exhibit "B'). Staff recommends continuance to September 22, 2004, JE Admin\sept\9-8-6290 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Hearing ITEM: [0. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 26, 2004 DEPARTMENT H EA~,.~ ~ / CITY A TTORN E' .~-Y~.,~/~ [ - CITY MANAGER ~ General Plan Amendment/Zone Chanqe 04-0410 (Ward 4) Porter-Robedson has requested a general plan amendment and ordinance amendment on 13.18 acres located along the north side of Hageman Road between Landco Drive and Knudsen Drive. Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use from GC (General Commercial) to LI (Light Industrial) on 13.18 acres. First reading of ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 102-15 from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on 13.18 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the ordinance. BACKGROUND: This amendment acknowledges both the existing approvals on the site (mini-storage) and changes the balance of the site to light industrial uses. There is an existing approved Conditional Use Permit and approved site plan for the mini-storage project which covers about seven acres of the site. Mini-storage projects are permitted by right in an M-1 zone district. For simplicity in mapping, the Planning Commission approved both the applicant's request (8.18 acres) and changed the balance of the parcel to M-l, for a total of 13.18 acres. No one spoke in opposition to this request and no issues were raised by reviewing public agencies. This site has excellent access and is separated from residential development by Knudsen Road. All urban services are available to the site. MG Admin\9-8-0410 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Hearings ITEM: 10. ~.. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 14, 2004 .~,ROVED DEPARTMENT HE, iD CITY ATTORN~"'/~ __ CI MA.AGER SUBJECT: General Plan AmendmentJZone Chanqe 04-0422 (Ward 6) SmithTech/USA Inc. has proposed a General Plan Amendment and an ordinance amendment for 77 acres, located south of McCutchen Road, generally between Ashe Road and Stine Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA to LR on 77 acres. First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A to an R-1 zone on 77 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the Ordinance. BACKGROUND: This amendment would permit the development of single family residential units on the 77 acre site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on June 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission board vote included Commissioner Spencer abstaining from the vote due to his opinion of not allowing further residential development to encroach on the existing sewer treatment facility. However, the Public Works Director by memorandum presented to the Planning Commission that night indicated that only a ¼ mile separation between the Treatment Facility and residential uses should be kept. This project has a ¼ mile separation from the treatment facility. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on April 30, 2004, in accordance with CEQA. MO Admin\sept\9-8-0422 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Hearing ITEM: 10' (;[,. J TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 18, 2004 OVEDDEPARTMENT H(~.~l CITY ATTOR N ,E/,Y,/~ CITY MANAGER ~"~""~ SUBJECT: General Plan Amendment/Zone Chanqe No. 04-0431 (Ward 4) Castle & Cooke California, Inc. is proposing office commercial development on 40 acres located adjacent on the north side of Stockdale Highway, between Allen Road and Jewetta Avenue. Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to OC (Office Commercial) on 19.24 acres and HR (High Density Residential) to OC (Office Commercial) on 20.57 acres. First reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission, and amending Title 17 of the Municipal Code and Zoning Map Nos. 101-36 and 122-01, to change the zoning from R-1 (One Family Dwelling) to C-O (Professional and Administrative Office) on 19.24 acres and R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 20.57 acres. RECOMMENDATION: Staff recommends adoption of resolution and give first reading of ordinance. BACKGROUND: The applicant is proposing 40 acres of office commercial development along the north side of Stockdale Hwy, between Allen Road and Jewetta Avenue. The western half of the project site has been designated and zoned for single family residential development since 1997. The eastern half was designated and zoned for multi-family residential development on January 14, 2004. The proposal does not conflict with the existing tentative tract maps that have been approved adjacent tc the nodh of the project site. David A. Williams, Senior Vice President of Colliers Tingey International, submitted a letter in support of the proposed 40 acre office commercial proposal (see Attachment A). In the letter, Mr. Williams describes how the proposed project is needed to provide a good supply of available land for office development. The project site is ideally suited for office commercial development. The project site is located adjacent to b,vo arterials (Stockdale Highway and Allen Road). The proposal will also provide needed office commercial development in close proximity to a large residential area. Staff is recommending approval for the project. ADMINISTRATIVE REPORT MEETING DATE: September 8 2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 18, 2004 ATTORNEY j / - CITY MANAGER~ SUBJECT: General Plan AmendmentJZone Change No. 04-0441 (Ward 4) Lennar Bakersfield is proposing single family residential development on 56.48 acres located south of Reina Road and west of Alien Road. The project site is being processed for annexation to the City of Bakersfield. The western 600 feet of the project site is also being processed for amendment within the Sphere of Influence Boundary. Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the General Plan Amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 56.48 acres. First reading of Ordinance adopting the Negative Declaration upholding the Planning Commission, and amending Title 17 of the Municipal Code and Zoning Map No. 101-14 to change the zoning from A (Agricultural) to R-1 (One Family Dwelling) on 56.48 acres. RECOMMENDATION: Staff recommends adoption of resolution and give first reading of ordinance. BACKGROUND: The applicant is proposing single-family residential development on the 56.48 acre project site. which is located at the southwest corner of Reina Road and Allen Road. Similar residential development is occurring to the northeast and southeast of the project site. The property directly east is designated and zoned for multi-family residential development. The property adjacent to the south has been approved for a 258 lot subdivision (VTM 6289). The project site is being processed for annexation to the City of Bakersfield The western 600 feet of the project site is also being processed for amendment within the Sphere of Influence Boundary, Staff is recommending approval of the project. WC Admin'9-8-0441 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Hearing ITEM: i0. ~'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 19, 2004 /.,~,~.ROVED DEPARTMENT HE~.~ CITY ATTORNEY~/~ CITY MANAGE~/ ~ A resolution making findings approving the Environmental Impact Report and amending Circulation Element of the Metropolitan Bakersfield General Plan to adopt a specific plan line for Allen Road Bridge over the Kern River between Stockdale Highway and Ming Avenue. (GPA 03-0724). (Ward 4). RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This amendment to the Circulation Map of the General Plan would adopt a specific plan line to re- align the alignment of Allen Road and permit the development of a bridge over the Kern River along Allen Road. The new alignment will move Allen Road north of the Kern River, toward the east to avoid the removal of existing homes. Allen Road was planned to traverse the Kern River since the mid-80's. Allen Road is an arterial, six lane road within 110' feet of right-of-way. The crossing is necessary to accommodate planned growth in southwest and northwest Bakersfield. The Planning Commission conducted a public hearing on this project and recommended City Council approval on August 5, 2004. There was one person (representing several people) in opposition to the request that spoke against the General Plan Amendment. However, the person indicated a desire to work with city Public Works Staff to ensure that additional design measures are implemented to lessen impacts. Staff conducted an initial study and it was determined that the project would require an Environmental Impact Report (EIR). Therefore, an EIR was prepared, in accordance with CEQA The Planning Commission conducted several hearings on the EIR including a Public Scoping Meeting on January 15. 2004, a Hearing to Receive Comments on the Draft EIR on May 6, 2004 and Hearing on the EIR on August 5, 2004. The EIR was recommended for approval by the Planning Commission on August 5, 2004. MO Admin',9-8-0724 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 IAGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 12, 2004 DEPARTMENTHEA~/,~ ! ClTY MANAGER ~ Resolution upholding the decision of the Planning Commission, denying the appeal, adopting the Negative Declaration and approving Vesting Tentative Tract Map 6318 generally located south of Chase Avenue and east of Kern Canyon Road (State Route 184). (Appellant: Sierra Club/Engineer: Porter-Robertson Engineering / Subdivider: Arnold & Vicki Young) (Ward 3) RECOMMENDATION: Staff recommends upholding the Planning Commission's decision to approve and adopt the negative declaration and Vesting Tentative Tract Map 6318, and deny the appeal. BACKGROUND: On July 1, 2004, the Planning Commission conditionally approved Vesting Tentative Tract Map 6318. The subdivision consists of 100 lots for purposes of single family development on 29.87 acres zoned R-1 (One Family Dwelling) zone. The project site is generally located south of Chase Avenue and east of Kern Canyon Road. The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone change and Negative Declaration (Background Attachment #1), requesting an Environmental Impact Report (EIR) be prepared. The Sierra Club's appeal letter (Background Attachment #2) states that cumulative impacts to air quality, biological resources and traffic have not been adequately addressed. The Sierra Club is of the opinion that the General Plan Update EIR contains little specific information on cumulative impacts. The Sierra Club is requesting a full EIR containing further biological studies and a traffic study to analyze these impacts. During the Planning Commission's June 3, 2004 public hearing, the Sierra Club presented a letter addressing several issues including those which are contained in their appeal letter to the City council. The project was continued to the July 1,2004 Planning Commission meeting to allow the developer and staff to address neighborhood concerns regarding traffic circulation. Prior to bringing the project back before the Planning Commission for the July 1, 2004 Planning Commission meeting, these traffic circulation issues were resolved to the satisfaction of the residents of the adjoining neighborhood. ADMINISTRATIVE REPORT Page2 For the June 3, 2004 public hearing, The City's Traffic Engineer provided responses to the Sierra Club's concerns. The traffic engineer's written response was made pad of the record for consideration of the Planning Commission's recommended approval of the Negative Declaration for this project. Responses to the Sierra Club concerns prepared by the City's Traffic Engineer are included as Background Attachment #3. The Sierra Club contends the protocol used to determine the presence of Blunt-nosed Leopard Lizard (BNLL) by the biological consultant was not the correct protocol. The protocol referred to by the Sierra Club is a draft protocol and not mandatory procedure. It is only a suggestion. The protocol used by Paul Preutt, biological consultant, is also an acceptable protocol, and has been used in previous studies to determine whether BNLL is on a property or if the project site is habitat for BNLL. The study indicates that the protocol used was in accordance with the State Department of Fish and Game guidelines. The State Department of Fish and Game has reviewed studies prepared using the protocol employed by Paul Preutt and has found these studies to be both appropriate and adequate. Staff is confident that the consultant properly and adequately evaluated the property, arriving at the conclusion that no BNLL were sighted on the property, and that the property is not suitable habitat. Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and incorporated into the Negative Declaration (Background Attachment #1) recommended for approval for this project. Staff recommends upholding the Planning Commission's decision to adopt the negative declaration, conditionally approve the tentative tract map and deny the appeal. LP Admin\9-8-6318 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 31, 2004 ///,~ A~ROVED DEPARTMENT HtEAD ¢'.¢7 - CITY MANAGER SUBJECT: General Plan Amendment/Zone ChanRe 04-0266 (Ward 7) Ralph Abrishami requested general plan amendment and ordinance amendment for nine acres, located at the northeast corner of Monitor Street and Hosking Road, The applicant appealed the decision of the Planning Commission to deny his request. Resolution approving the Negative Declaration and disapproving the general plan amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial) on nine acres. Resolution upholding the Planning Commission's decision approving the negative declaration and disapproving the amending of Title 17 of the Municipal Code and Zoning Map 124-30 from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on nine acres. RECOMMENDATION: Staff recommends adoption of the resolution approving the negative declaration upholding the Planning Commission's decision to deny both the general plan amendment and zone change and deny the appeal. BACKGROUND: On June 17, 2004 the Planning Commission denied the request by Ralph Abrishami for nine acres of commercial at the northeast corner of Monitor Street and Hosking Road. The request is inconsistent with general plan land use policy (21) regarding the siting of new commercial projects within ½ mile of existing commercial sites. The request was also inconsistent with land use policy 20 regarding site geometrics as this parcel is 1,300 feet long but only 300 feet wide. The Commission determines there were three vacant commercial parcels within ½ mile and saw no extenuating circumstances to permit more commercial in the area. ADMINISTRATIVE REPORT Page2 There were also representatives from Golden Valley High School and Greenfield Union School District who spoke against the proposal citing several potential issues regarding student safety. Greenfield Union School District specifically detailed concerns regarding traffic generation, unsafe student areas and providing a convenient nuisance that will promote misbehavior. Golden Valley High School concern with the project is the potential for attracting nuisance, opportunity to leave school, and ~otentially exposure of students to adult predators hanging out at the commercial center. The applicant appealed the Commission's decision. MG:pjt Admin\9-8-0266 MEETING DATE: September 8, 2004 AGENDA SECTION: REPORTS ITEM: TO: Honorable Mayor and City Council AP~P. ROVED / \ FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD F__~__~ DATE: August 18, 2004 CITY ATTORNEY c TY MANAGER SUBJECT: Staff Presentation: Update on activities in Bakersfield's redevelopment project areas RECOMMENDATION: Staff reconmends Council receive update. BACKGROUND: City staff participated on a panel at the "Tools to Revitalize California Communities" conference July 23 in Bakersfield. The panel, "Rebuilding the Community through Redevelopment Programs," focused on redevelopment programs and accomplishments in the Central Valley, specifically the cities of Tulare and Bakersfield. Staffs conference presentation on Bakersfield's redevelopment activities will be shared with the City Council. S:~Admins',C(t¥ Counol\Redevelop~nont Presentation Workshop doc 8t18/'2004 1:44 PM ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 IAGENDA SECTION: Closed Session ITEM: ~. 0,,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 30, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Pending Litigation APPROVED Closed session pursuant to subdivision (b)(1)(A) of Government Code section 54956.9 Two (2) cases. RECOMMENDATION: BACKGROUND: VGdo S:'C©UNCIL~CI Ses$'.Admins'04-05',09-08~04 Potential doc 8,30/2004 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Closed Session TEM: ¢~-~' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 30, 2004 DEPARTMENT HEAD CITY ATfORNEY CITY MANAGER Conference with Legal Counsel -- Pending Litigation APPROVED Closed session pursuant to subdivision (b)(1)(C) of Government Code section 54956.9 · Concerning claim submitted by SBC Communications, Inc. RECOMMENDATION: BACKGROUND: VG:do S: COUNCIUCI Sess~Admics'04-05\09-08-04 Potential dcc 8,30/2004 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Closed Session ITEM: 2' C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 30, 2004 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation APPROVED Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Bakersfield Firemen's Labor Organization v. City of Bakersfield USDC Case No. CV-F-03-5645 REC L JO · Jacobson v. City of Bakersfield, et al USDC Eastern Distdct Court Case No. CV-F-02-5973 REC DLB · North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al, Tulare Superior Court Case No. 96-172919 · Willis v. City of Bakersfield, et al USDC Central District Case No. CV-04-3098 MRP RECOMMENDATION: BACKGROUND: VG:do S:~COUNCfL CI Sess Adm rs'04-05 0g-08-04 Exist! dcc Jo[ August 30 2004, 1:42P,M ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Closed Session ITEM: ~. Ct.., TO: Honorable Mayor and City Council APPROVED FROM: Carroll Hayden, Human Resources Managert~/'DEPARTMENT HEAD DATE: August 31, 2004 CITY ATTORNEY .~./~-~_ CITY MANAGER SUBJECT: Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator RECOMMENDATION: BACKGROUND: ch August 31. 2004, 10:27AM S:~ADMINRPT1CIosed Session, Sept 8, 04dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 IAGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall July 22, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ED Presentation by Mayor Hall of Proclamation to John Pryor, proclaiming September 9, 2004, as "John Pryor Day". RECOMMENDATION: BACKGROUND: July 22, 2004, 4:27PM S:\MAYOR~,DMINLJOHN PRYOR DAY doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Presentations ITEM: '~, b, TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall August 27, 2004 ED DEPARTMENT HEAD"- CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 22nd through October 3rd, 2004, as "Kern County Fair Days". RECOMMENDATION: BACKGROUND: ndw August 27, 2004, 10:49AM S:\MAYOR~ADMIN\KERN COUNTY FAIR DAYS.DOC ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Presentations ITEM: ~, ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall August 27, 2004 DEPARTMENT HEAD ATDORNEY CITY MANAGER Presentation by Mr. Russell Judd, President/CEO Mercy Hospital, regarding Mercy Hospital update. RECOMMENDATION: BACKGROUND: ndw August 27, 2004, 10:45AM S:tMAYOR~ADMIN\MERCY HOSPiTAL.dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City C,o}uncil Pamela McCarthy, City Clerl~ g APPROVED DEPARTMENT HEAD ~ J~/~l(~ August30,2004 CITY ATTORNEY CITY MANAGER Approval of minutes of the August 18, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: 5~.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 26, 2004 APPROVED DEPARTMENTHEAD CITY MANAGER Approval of department payments from August 6, 2004 to August 26, 2004 in the amount of $8,252,996.00 and self insurance payments from August 6, 2004 to August 26, 2004 in the amount of $308,699.96. RECOMMENDATION: Staff recommends approval of payments totaling $8,561,695.96 BACKGROUND: klg Augus126, 2004, 11:43AM S:\KimG\Forms & Lables~ADMIN-AP,doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: ~J. <~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 24, 2004 DEPARTMENT HE~__~j CITY ATTORNE-~~ CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (One Family Dwelling) zone on 40.46 acres, located at the northeast corner of Old River Road and Harris Road (Engineer: SmithTech U.SA., Inc.; Subdivider: Lennar Bakersfield). (ZC 04-0324) (Ward 5). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On July 1, 2004 the Planning Commission adopted Resolution No. 87-04 recommending approval of a Zone Change from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (One Family Dwelling) zone on 40.46 acres. The zone change would allow for residential development, and would bring the zoning of this site into conformance with the general plan designation. At the public hearing held before the Planning Commission, no one was in opposition to the request. No significant environmental impacts related to this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: ¢].~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 24, 2004 ~e~'PPBOVED Ordinance adopting the Ne§ative ~oclamt~on and amondino litlo ~7 of tho Municipal and Zonin~ Map ~o. ~03-~3 from an R-2 (Umitod Multiple Family ~wollin~) zone to (O~o Family Dwollino) zoae on 8.~ acres, oonomlly Iomtod on the south side 8oad, be~een Fai~ax ~oa0 and Mornin~ Ddvo (fin~inoor: ~o~or-~o~e~son SubdMdor: Rio Bravo kand Company). (ZC 04-0~50) ~ard 3). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On July 15, 2004 the Planning Commission adopted Resolution No. 97-04 recommending approval of a Zone Change from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 8.96 acres. The zone change would allow for residential development, and would bring the zoning of this site into conformance with the general plan designation. The zone change was a Condition of' Approval of Tract 6202, as the subdivision would have created lots with split zoning, having both R-1 and R-2 zone designations. At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. No significant environmental impacts related ~:o this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. MEETING DATE: September 8, 2004 ADMINISTRATIVE REPORT IAGENDA SECTION: Consent ITEM: ~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 24, 2004 v r Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-20 from a DI (Drilling Island) zone to an E (Estate) zone on 2.5 acres, Generally located north of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive (Engineer: SmithTech U.SA., Inc.; Applicant: Michael Etcheverry). (ZC 04-0710) 0Nard 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On August 19, 2004 the Planning Commission adopted Resolution No. 106-04 recommending approval of a Zone Change from an E (Estate) zone on 2.5 acres. The zone change would bring the zoning of this site into conformance with SR (Suburban Residential) general plan designation. On February 25, 2004, the City Council approved Zone Change 03-1279 changing the zoning of 74.35 acres of land from A (Agriculture) to E (Estate) and changing the zoning of the subject site (2.5 acres) from A to DI (Drilling Island). The zone change encompassed a total of 76.85 acres of land. This proposed zone change would change the 2.5 acre DI (Drilling Island) zone (approved with Zone Change 03-1279) to E (Estate) zoning to allow for the development of single family residences. At the time of approval of the zone change from A to DI, the property owner did not own the mineral rights. The proper~y owner has subsequently obtained the majority of mineral rights for the 76.85 acres that were the subject of ZC 03~1279. Staff provided notice of this proposed zone change to all mineral rights owners located within this section of land, and as pad our staff's review, copies of the agreements relinquishing the mineral rights were obtained. Staff finds that the subject drilling island is no longer necessary and recommends approval of the requested zone change. No correspondence was received objecting to the proposed zone change and at the public hearing held before the Planning Commission, no one was in opposition to the request. No significant environmental impacts related to this project were identified and it was determined that the Negative Declaration approved for Zone Change 03-1279 adequately addressed the environmental impacts of this project. Staff recommends first reading of the ordinance approving the zone change. ADMINISTRATIVE REPORT l MEETING DATE: September 8, 2004 I AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L Kunz, Economic Development Director August 20, 2004 DEPARTMENT H EAD~.__~ CITY ATTORNEY..._?[~'z~ CITY MANAGER , ~ Adoption of Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code Relating to Board of Zoning Adjustment adding the Community Development Coordinator as alternate. (First Reading 8/18/04) (VVards All) RECOMMENDATION: Staff recommends adoption. BACKGROUND: The Board of Zoning Adjustment is a permanent committee appointed by the City Council to consider specific land use matters of a technical nature that includes conditional use permits and zoning modifications of development standards. The Board is comprised of three regular and alternate members. Members are the Building Director, Economic Development Director and the Public Works Director, who hold public meetings on the second Tuesday of each month in the City Council Chambers. Due to recent organizational shifts within the Economic and Community Development Department, it is necessarT' to revise the ordinance to provide flexibility in staff coverage for the Board of Zoning Adjustment by adding the Community Development Coordinator as an alternate. Currently, the Principal Planner assigned to the Economic Development Department is the only alternate. S:~dmins\City CounoltBZA ordinance change 2nd reading.doc 8120/2004 9:34 AM ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning CI~ MANAGER--~~ Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A to an E zone on 80 acres, located west of Calloway Drive, generally no~h of Snow Road. (ZC 04-0551). (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on August 18, 2004. This change would permit the development of single family units on the 80 acre site. The Planning Commission conducted a public hearing on this Zone Change and recommended City Council approval on July 15, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 17. 2004, in accordance with CEQA. MO Admin\9-8-0551 ADMINISTRATIVE REPORT MEETING DATE: September $, 2004 AGENDA SECTION: Consent ITEM: ~[, h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~P~P.,ROVED Development Services-Planning DEPARTMENT//HEAD/Y'~, Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 changing the zoning from A (Agriculture) R-1 PUD (One Family Dwelling Planned Unit Development) on 81+ acres located approximately 1,800 feet south of State Route-58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended) (ZC 03-1539). (Ward 1 ) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: City Council conducted the first reading of the ordinance on August 18, 2004. Applicant proposes to construct 325 single-family dwellings on the subject site and has applied for annexation to the City of Bakersfield, The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change 03-1539 and recommended City Council approval on June 17, 2004. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The Commission had concerns regarding the proposed location of a public park located along the northeast corner of South Oswell Street. a arterial, and Redbank Road (extended), a collector. This proposed park was a condition of Vesting Tentative Tract 6232 (Planning Commission Resolution No. 152-03). The condition required "...a public park in the vicinity of the southwest corner of VTM 6232. The configuration and specific location of the said park shall be subject to approval of the City's Recreation and Parks Director. Park shall have access from public streets ADMINISTRATIVE REPORT Page 2 (Planning Commission Resolution No. 152-03)". The Commission was concerned that the park location might be inconsistent with Policy No. 47 of the Parks. Neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets". The Commission added the wording: "... said park shall be consistent with Policy 47 of the Parks Element of the Metropolitan Bakersfield General Plan ..." The applicant and Parks Department agreed and the proposal was recommended for approval. RED Admin\8-8--1539 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: C~. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 20, 2004 .A~PR~t/ED DEPARTMENT HEAD / Y CITY ATTORNEY / , CITY MANAGER An Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-16 to change the zoning from P (Automobile Parking) to P.C.D. (Planned Commercial Development) on 3.71 acres to develop a mini-storage facility, located on the east side of Patton Way, north of Meany Avenue. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 18, 2004. The requested zone change (ZC 04-0313) was proposed in conjunction with GPA 04-0313, which the City Council adopted on August 18, 2004. The City Council also adopted Conditions of Approval/Mitigation Measures which are provided in Exhibit C of the Ordinance. This Ordinance reflects the general plan amendment in the zoning ordinance. WC Admin\9-8-0313 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent IITEM: q...~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 4, 2004 .,~/ROVED DEPARTMENT HEA~ ~ CITY ATT ORN EY~/~ / CITY MANAGER An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from E (Estate) and A-20A (Agriculture-20 Acres Minimum) to R-t (One Family Dwelling) on 50 acres, located along the south side of Panama Lane, generally east of South Union Avenue. (ZC 04-0423). (Ward 1). RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on August 18, 2004. This amendment to the general plan would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on June 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 14, 2004, in accordance with CEQA. MO Admin\9-8-0423 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning August 12, 2004 .APRRQ~ED DEPARTMENT HEA~ CITY ATTORN EY~_~,~ CITYMANAGER SUBJECT: An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to an R-1 (Qne Family Dwelling) zone on 77 acres. The site is located generally north of Panama Lane to Pensinger Road, west of Buena Vista Road. (ZC 04-0429). (Ward 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on August 18, 2004. This change would permit the development of single family units on the 77 acre site. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on June 17, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May t7, 2004, in accordance with CEQA. MO Admin~,9-8-0429 ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent ITEM: 0~,[. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council  .~)VED Development Services-Planning DEPARTMENT HEA.B ~7__ Ordinance adopting the Negative Declaration. and upon annexation amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) on 80 acres located on the south side of Panama Lane 1,685 feet east of Buena Vista Road (ZC 04-0435). 0Nard 5) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: City Council conducted the first reading of the ordinance on August 18, 2004. Applicant proposes to construct single-family dwellings on the 80+ site and has applied for annexation to the City of Bakersfield. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change on June 14 and 17, 2004 and recommended City Council disapproval on June 16. 2004 The vote to deny was 4-2. This request permits the first nonagricultural use within Section 30 and this was cited as the primary reason for denial The Commission determined that the proposed project is inconsistent with both the adjacent agricultural land uses and the Metropolitan Bakersfield General Plan policy. The applicant appealed the Commission's decision on June 24. 2004. The appeal letter states that the project site is within the City's growth path, compatible with existing and proposed uses in the area and the agricultural impact study shows that the conversion from agricultural is less than significant Staff recommends approving this request, infrastructure is available and housing is under construction across the street. This type of growth represents an incremental growth pattern which is expressly consistent with general plan policy. ADMINISTRATIVE REPORT Page 2 The project is located in area seven of the City's proposed Sphere of Influence Amendment. Annexation of the subject site has been requested and is being processed. There are approved subdivisions with new homes being built across the street from this site along Panama Lane. The project site is in the path of growth and is contiguous to existing development activity. This site represents a logical expansion of the city boundary. RED Admin\9-8-0435 ! MEETING DATE: September 8, 2004 ADMINISTRATIVE REPORT rAGENDA SECTION: Consent ITEM: Cl. _r~q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 19, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ A Resolution adopting and certifying the Final Environmental Impact Report for General Plan Amendment 03-0724 to adopt a specific plan line for the Allen Road Bridge over the Kern River between Stockdale Highway and Ming Avenue. (Ward 4). RECOMMENDATION: StaffrecommendsadoptionoftheresolutioncertifyingtheFinalEiR. BACKGROUND: The project involves a Circulation Element amendment to re-align Allen Road over the Kern River, generally between Stockdale Highway and Ming Avenue. Staff conducted an initial study and it was determined that the project would require an Environmental Impact Report (EIR). Therefore, an EIR was prepared, in accordance with CEQA. The Planning Commission conducted several hearings on the EIR including a Public Scoping Meeting on January 15, 2004, a Hearing to Receive Comments on the Draft EIR on May 6, 2004 and a Public Hearing on the EIR on August 5, 2004. The EIR was recommended for approval by the Planning Commission on August 5, 2004. This amendment to the Circulation Map of the General Plan would permit the development of a bridge over the Kern River along Allen Road. The Planning Commission conducted a pubtic hearing on this project and recommended City Council approval on August 5, 2004. No one challenged any finding of the EIR, MO AdmJn\9-8-0724eir ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: O~. r~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 10, 2004 APPROVED DEPARTMENT HEAD ~ ~ CITY ATTORNEY CITY MANAGER ~ Resolution determining that the purchase of replacement parts for the trickling filter pumps at Wastewater Treatment Plant 3 cannot be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $54,000. 0Nard 6) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Wastewater Treatment Plant 3 has five (5) trickling filter pumps which are used to provide pumping capacity for secondary treatment of the wastewater. Routine replacement of the pump parts are required to maintain this capacity for wastewater trectment. FIo-Systems, Inc. is the municipal sole source representative for the Southern and Central California region for these parts. Sufficient funds are budgeted for this purchase. G 'GROUPDAT~ADMINRPT~2OO4'~O9-O8',Fio-Systems Sole Source Admin doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 oSECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 26, 2004 DEPARTMENT HEAD_ CITY ATTORNEY~_..~_ CITY MANAGER Rehabilitation of the Heating, Ventilating and Air Conditioning (HVAC) System at Bakersfield City Hall - Phase II (Ward I): 1. Resolution determining that Rehabilitation of the HVAC System at City Hall cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $315,000. 2. Agreement with TRANE Commercial Service Company ($309,826) for the Rehabilitation of the HVAC System at City Hall. RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The existing HVAC system for City Hall is 49 years old and has been renovated several times since its original construction. This system is responsible for the heating, ventilating and air conditioning of City Hail. Phase I of the Rehabilitation of the HVAC System (consisting of replacing three air handling units, the boiler in the main building and the chiller in the Annex) was completed in FY 02-03. Additional funds have been budgeted to continue with Phase II of the Rehabilitation of the HVAC System, consisting of the replacement of three air handling units and the Building Automation System, as well as any necessary retrofit of existing equipment. Phase I of the Rehabilitation of the HVAC System was performed by TRANE Commercial Service Company. City employees are trained in the functioning and maintenance of TRANE equipment. Performing Phase H of the Rehabilitation of the HVAC System at City Hall with TRANE equipment is compatible with the previous work of Phase I and will minimize inventory. The proposed agreement with TRANE Commercial Service Company for $309,826 is for the previously mentioned scope of work. The remaining funds are for needed potential change orders. August 26, 2004 8:19AM G \G ROUPDA~,AD M~N R PTt2004'~09-08'~HVAC_phll.doc ADMINISTRATIVE REPORT IMEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: ~J. j:). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 11, 2004 APPROVED DEPARTMENT HEAD /~ A.OR.E C' 'MA.AGER Resolution adding territory, Area 4-30/City in the Hills) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 18, 2004 the Council adopted Resolution of Intention No. 1339 to add territory, Area 4-30 (City in the Hills), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No. 11013. Area 4-30 generally consists of Section 17, portion of Sections 19 and 20, and the SE1/4 of SE1/4 of Section 18, T29S, R29E, M.D.B. & M. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 2t8. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the developer to be recorded with the development of the property. A copy of this covenant is attached for reference. dc August 11, 2004, 2:12PM S. ,PROJECTS\MAINDIST~ADM NRPTAMD4-30EstO5.dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 IAGENDA SECTION: Consent Calendar ITEM: Cl. C,~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 11, 2004 DEPARTMENT HEAD_ A rORNE CITY MANAGER_ Resolution adding territory, Area 1-48 (Renfro, Johnson SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 18, 2004 the Council adopted Resolution of Intention No. 1340 to add territory, Area 1-48 (Renfro, Johnson SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tract No. 6186. Area 1-48 is generally bounded by Johnson Road on the north, Renfro Road on the east, and the proposed Westside Parkway on the south and west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscapin9 has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in tlhe Consolidated IVlaintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdMdeddeveloper to be recorded with the subdivision map. A copy of the covenant is attached for reference. dc August 11, 2004 3:46PM S:',PROJ ECTS',MAI N DIS~AOM] N RPTd~ID ! q 8_E st_Sep8.05 dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, r'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 11, 2004 APPROVED DEPARTMENTHEAD CITY ATTORNEY ~Tz~.~ CITY MANAGER Resolution adding territory, Area 1-49 (Calloway, Retail NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 18, 2004 the Council adopted Resolution of Intention No. 1343 to add territory, Area 1-49 (Calloway, Retail NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Parcel Map No.10954. Area 1-49 is generally bounded by a line 684.61' north of Rosedale Highway on the north, a line 615.53 east of Calloway Drive on the east, Retail Drive on the south and Calloway Drive on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218, The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated lVlaintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. dc August 11. 2004. 428PM S:',PROj ECTS',MAIN DiS?ADMIN RPT',MD 1Mg_Est-Sep8.05 do[ ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: c~.,5, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M, Rojas, Public Works Director August 12, 2004 APPROVED DEPARTMENT HEAD ,,~,,/~.. CITY ATTORNEY CITY MANAGER Resolution adding territory, Area 3-26 (Stine, McKee NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 18, 2004 the Council adopted Resolution of Intention No. 1341 to add territory, Area 3-26 (Stine, McKee NW), to the Consolidated Maintenance District as required by Section 13,04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract No. 6170. Area 3-26 is generally bounded by a line 1977.59 feet north of McKee Road on the north, Miller Ridge Drive and Farmer's Canal on the east, McKee Road on the south and West Ridge Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is nol prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. tn order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and ,will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference August 12, 2004. 9:13AM S ,PROJECTS~,MAiNDISTAD,MINRp% MD3-26Est_9-8-04 dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: q. +. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 11, 2004 APPROVED DEPARTMENT HEAD ,/~ (./ CITY ATTO R N E y~_,,,~-')~ z--' CITY MANAGER ~ Resolution adding territory, Area 5-14 (Pacheco, Hughes NW) to the Consolidated Maintenance District and confirming' the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 18, 2004 the Council adopted Resolution of Intention No. 1344 to add territory, Area 5-14 (Pacheco, Hughes NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No. 10981. Area 5-14 is generally bounded by Southern Pacific Railroad on the north. Hughes Lane on the east, Pacheco Road on the south and Freeway 99 on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. in order to provide future property owners with disclosure regarding the inclusion of fand in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded v;ith the subdivision map. dc August 11,2004. 9:03AM S:"PROJ ECTS\MAINDIS T,ADMINRpT~,MDS- 14 ESl05 dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar TEM: Ct.~.o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 13, 2004 ,.,~/~P ROVED DEPARTMENT HEAD_ /~/ (__ ,~ CITY ATTORNEY ~ CITY MANAGER Resolution of Intention No. 1345 to add territory, Area 1-50 (Jewetta, Reina SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Publ'c Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract Map No. 6153 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-50 is generally bounded by Reina Road on the north, Jewetta Avenue on the east, a line approximately 1319 north of Noriega Road on the south and Old Farm Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. rn order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel map A copy of the covenant is attached for reference. August 16, 2004, 2:20PM S \PROJ E CTS\MAIN DIST~,DMINRPT~,MD 1 ~50roi05 dot ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 I ITEM: CI.q, AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 23, 2004 APPROVED DEPARTMENT HEAD~ CITY ATTO RN Ey,.../"~/~''~'''' CITY MANAGER Resolution of Intention No. 1342 to order the vacation of Pacheco Road between Buena Vista Road and Old River Road. (Ward 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Fairway Oaks South, L.P. and Lennar Bakersfield, Inc., the Developers of Tract No. 6079 and Tract No. 6156 have requested the vacating of a portion of Pacheco Road in compliance with the conditions of their approved Tentative Maps for the tracts. The approved Tentative Maps show that Pacheco Road shall be vacated from Buena Vista Road to Old River Road. Pacheco Road between Buena Vista Road and Old River Road is not designated as an Arterial or Collector under the Circulation Element of the Metropolitan Bakersfield General Plan. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that no City sewer or storm drain facilities are in the vacating area. The utility companies serving the area have been notified by mail and the utility companies have indicated they have facilities in the vacating area that will need to be protected by reservation of an easement. Public Works notes that a public utility easement shall be reserved over the entire vacating area to serve this purpose. All property owners within a radius of 300 feet of the vacating area have been mailed a preliminary notice of the proposed closing and none have indicated any objections as of the date of this report, The proposed vacation was heard by the Planning Commission at its meeting of May 20, 2004, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of September 22, 2004, on the proposed vacation. August 23. 2004. 9:54,~M ] G:/GROUPDAT~DhilJom2004\Pacheco Road abandonment\Resol of intent 1342 Admin Pacheco Rd DOC IMEETING DATE: September 8, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar TEM: C~. ~d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 30, 2004 APPROVED DEPARTMENT HEAD ~/'~--~ CITY ATTORNEY ~ C WMANA ER A Resolution declaring non-permitted uses 'i n al 1 zones. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Bakersfield Municipal Code § 17.08.040 provides that uses other than those specifically mentioned in Title 17 may be permitted only if, in the opinion of the City Council, such uses are similar to already permitted uses and such similar uses are not more obnoxious or detrimental to the welfare of the community than the permitted uses. In 1996, the voters passed the Compassionate Use Act of 1996 (Proposition 215) which authorized the use of marijuana for medical purposes. This law was codified in Health and Safety Code § 11362.5. Businesses (known as medical marijuana dispensaries) have opened throughout the State of California that sell medical marijuana to those who qualify under the law. Yet, some municipalities in California have experienced negative secondary impact from these businesses, including increased crime at or near the location of these facilities. The City Attorney's Office believes that there are no permitted uses in the City of Bakersfield similar to medical marijuana dispensaries. Even if such a finding were made, the negative secondary impacts of medical marijuana dispensaries make such uses more obnoxious or detrimental to the welfare of the community than any permitted uses. This Resolution makes the above findings and declares that medical marijuana dispensaries are not a permitted use in any zone within the City of Bakersfield. ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar ITEM: Oh ,/. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 5, 2004 Sale of Real Property APPROVED CITY MANAGER, ~ 1. Resolution declaring real property located south of Snow Road surplus to needs of the City. 2. Agreement with Kyle Carter Homes Inc., a California Corporation to sell real property located south of Snow Road for $119,000. (VVard 4) RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement. BACKGROUND: On January 24, 2003, the City of Bakersfield purchased two residential lots from Kyle Carter Homes, Inc. for $58,000 to use as a domestic water well site. Upon completion of the water well it was determined that the water contained high levels of Nitrates which made the water well uneconomical. As such the well will be abandoned and the lots resold. Kyle Carter Homes Inc., the Tracts developer has proposed purchasing the lots back at their current market value to complete their development plans for the area. The sale price of $119,000 represents the property's current fair market value as determined by Michael C. Burger, MAI, a local real estate appraiser. On August 19, 2004, the Bakersfield Planning Commission found the sale consistent with the Metropolitan Bakersfield 2010 General Plan. Augus 27, 2004, 11:32AM C:\DOCUME-l\danderso~LOCALS-l\Temp\tract 5993 sale.doc ADMINISTRATIVE REPORT MEETING DATE: September 8, 2004 AGENDA SECTION: Consent Calendar TEM:~ cI. 9' TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council Raul M Rojas, Public Works Director August 23, 2004 Tract Maps and Improvement Agreements APPROVED DEPARTMENT H EA%,,~_~ CITY ATTORNE~.._~./~v' CITY MANAGER ~ Final Map and Improvement Agreements with Cherry Hill, Inc., for Tract 6153 Unit 2 located south of Reina Road and west of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Olive Park Land Company, for Tract 6117 Unit 3 located north of Reina Road and west 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. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN' THE CITY CLERK'S OFFICE FOR REVIEW. August 23, 2004, 8:54AM G:~'GROUPDATLADMINRPT~2004/,09-08tMAP AND IMPROVEMENT AGR dol MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING AUGUST '18, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: ACTION TAKEN Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:20 p.m.), Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None PRESENTATIONS None. PUBLIC STATEMENTS a. Jack Yeley spoke regarding Recreation and Parks T-Ball Program. Councilmember Sullivan requested staff address Mr. Yeley's concerns with the T-Bali program and report back. b. Dean Silliman spoke regarding agenda item 4.d: Counclimember Couch stated for the record: "The City of Bakersfield has tried repeatedly to meet with your client, the City of Shafter, we simply have one stipulation and that is we meet in public. I don't know if you've been made aware of that by your client, but I wanted to make sure you knew that, because, I believe the last attorney that we spoke to from Best, Best & Kreigger was not aware of that. Bakersfield, California August 18, 2004 - Page 2 PUBLIC STATEMENTS continued c. Don Jaeger spoke regarding agenda item 4.1: Vice-Mayor Couch requested staff keep Mr, Jaeger, his neighbors, and Vice-Mayor Couch advised of the situation as the area develops. City Clerk McCarthy announced any items removed from the Consent Calendar for separate consideration would be heard at the 7:00 p.m. portion of the Council meeting. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of July 21, 2004. Payments: Approval of department payments from July 9, 2004 to August 5, 2004 in the amount of $14,191,668.33 and self insurance payments from July 9, 2004 to August 5, 2004 in the amount of $1,190,373.50. Ordinances: First reading of Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to Board of Zoning Adjustment adding the Community Development Coordinator as Alternate Member. First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from Ato an E zone on 80 acres, located west of Calloway Drive, generally north of Snow Road. (ZC 04-0551) Adoption 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. ACTION TAKEN FR FR ORD 4t98 Bakersfield, California August 18, 2004 - Page 3 CONSENT CALENDAR continued Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) for 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) Resolutions: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090 et seq. (Public Works Department) Resolution dispensing with bidding procedures due to emergency cleanup required for sewer spill at the corner of McCutchen Road and Gosford Road, not to exceed $210,906.00. Resolution authorizing the Police Department to submit grant applications to the U S Department of Justice Local Law Enforcement Block Grant (LLEBG) Program every year for the next five (5) years. Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution approving development plans for the addition of a 1,056 square foot modular office building at an existing office site, located at 2210 Ming Avenue, within a C-O/PCD Zone District. Resolution approving development plan for the construction of a 159 unit apartment complex located at 1000 River Ranch Drive within an R-2/PUD Zone District. Resolution levying amended assessment amounts for parcels located in Assessment District 03-3 (Seven Oaks West Ill/Brighton Place II/Fairway Oaks South). ACTION TAKEN ORD 4199 RES 226-04 RES 227-04 RES 228-04 RES 229-04 RES 230-04 RES 231-04 RES 232-04 Bakersfield, California August 18, 2004 - Page 4 CONSENT CALENDAR continued Assessment District No. 04-01 Homestead/Cherry Hill/Olive Park III): (Countryside/The Resolution preliminarily approving Engineer's Report and setting date for public hearing for protests. Resolution approving Acquisition and Disclosure Agreements with Centex Homes, J & L Gardner, LLC., Cherry Hill, Inc., and Olive Park Land Company, and, authorizing changes thereto and execution thereof. Resolution of Intention No. 1339 to add territory, Area 4-30 (City in the Hills) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1340 to add territory, Area 1-48 (Renfro, Johnson SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1341 to add territory, Area 3-26 (Stine, McKee NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1343 to add territory, Area 1-49 (Calloway, Retail NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1344 to add territory, Area 5-14 (Pacheco, Hughes NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 233-04 RES 234-04 AGR 04-222 AGR 04-223 AGR 04-224 AGR 04-225 ROI 1339 ROI 1340 ROI '1341 ROI '1343 ROI '1344 Bakersfield, California August 18, 2004 - Page 5 CONSENT CALENDAR continued Agreements: t. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with First Capital Mortgage Corporation, for Tract 6153 Unit 1 located south of Reina Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Mary Candace Davies, for Tract 6177 Unit 1, located north of Hosking Avenue and east of South H Street. Final Map and Improvement Agreements with Olive Park Land Company for Tract 6117, Unit 2 located north of Reina Road and east of Old Farm Road. Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6186 located west of Renfro Road and south of Johnson Road. Acquisition of offsite real property interest for Zone Change 00-0419, Panama Lane & Highway 99 (Gateway, LLC): Agreement with Doyle, Penner, Bradley & Watson to provide legal services in an amount not to exceed $75,0OO.0O. Appropriate $75,000.00 developer's contribution to the City Attorney's Operating Budget in the General Fund. Agreement with Gateway, LLC to initiate eminent domain action to secure construction of improvements and guaranteeing payment for acquiring offsite real property interest for Zone Change No. 00-0419 (Ordinance No. 4000); Gateway, LLC, Developer. Acquisition of offsite real property interest for Vesting Tentative Parcel Map No. 11013 (Mountain View Bravo, LLC): Agreement with Borton, Petrini & Conron, LLP to provide legal services in an amount not to exceed $75,000.O0. Appropriate $75,000.00 developer's contribution to the City Attorney's Operating Budget in the General Fund. ACTION TAKEN AGR 04-226 AGR 04-227 AGR 04-228 AGR 04-229 AGR 04-330 AGR 04-331 AGR 04-232 AGR 04-233 AGR 04-234 DEED 6130 AGR 04-235 AGR 04-236 DEED 6131 Bakersfield, California August 18, 2004 - Page 6 CONSENT CALENDAR continued Memorandum of Agreement with Kern Council of Governments ($30,000.00) for the preparation of the Fair Housing, Analysis of Impediments. Appropriate $30,000.00 Technical Assistance Grant Funds to the Economic Development Operating Budget within the General Fund. Agreement with Cotton/Bridges/Associates, a division of P & D Consultants, Inc. (not to exceed $30,000.00) for assistance in the preparation of the Analysis of Impediments to Fair Housing Choice (Department of Housing and Urban Development, Consolidated Plan 2010). Ground Lease Agreement with Steve Hendrix for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60.00. aa. Ground Lease Agreement with George Sturges, Jr. for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60.00. bb. Microsoft Office Software: 1. Enterprise Agreement with Microsoft Corporation. Accept Iow bid of CompuCom Systems, Inc. to provide Microsoft Products to the City under the Enterprise Agreement in an amount not to exceed $200,000.00. cc. Annexation Agreement with GFC Properties (Ed Coyne). dd. Exchange of real property located at Renfro Road and Johnson Street: Memorandum of Understanding with Lennar Homes of California, Inc. to exchange real property. Appropriate $175,000.00 Transportation Development Fund Balance to the Capital Improvement Project Budget. ACTION TAKEN AGR 04-237 AGR 04-238 AGR 04-239 AGR 04-240 AGR 04-241 AGR 04-242 AGR 04-243 DEED 6132 DEED 6133 Bakersfield, California August 18, 2004 - Page 7 CONSENT CALENDAR continued ee. Amendment No. I to Agreement No. 04-086 with the Law Firm of Duane Morris ($25,000.00, total contract not to exceed $75,000.00) for outside legal services in the matter before the California Public Utilities Commission relating to the Kern Power Plant. Amendment No. I to Agreement No. 03-266 with L. N. Curtis & Sons to extend agreement for twelve (12) months ($64,000.00 for a revised not to exceed compensation of $128,000.00) for protective jackets and trousers for the Fire Department. gg. Amendment No. 1 to Agreement No. 03-238 with Marden Susco to extend agreement for twelve (12) month ($300,000.00, for a revised not to exceed compensation of $700,000.00) for fire hydrants and burys. hh. Amendment No. 1 to Design Consultant Agreement No. 03- 176 with Mclntosh & Associates ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. ii. Amendment No. 1 to Design Consultant Agreement No. 03- 177 with Meyer Civil Engineering ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. jj. Amendment No. I to Design Consultant Agreement No. 03- 178 with Quad Knopf, Inc. ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. kk. Amendment No. 1 to Design Consultant Agreement No. 03- 179 with Ruettgers & Schular Civil Engineers ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. I1. Contract Change Order No. 1 to Agreement No. 03-376 with Performance Electric Company ($18,800.00, for a revised contract amount of $102,269.00) for the Fire Station No. 1 electrical renovation. mm. Contract Change Order No. 2 to Agreement No. 03-243 with S. C. Anderson Inc. ($33,132.90, for a revised contract amount of $5,934,584.82) for the McMurtrey Aquatic Center Project. ACTION TAKEN AGR 04-086(1) AGR 03-266(~) AGR 03-238(~) AGR 03-176('1) AGR 03-'177(1) AGR 03-178(1) AGR 03-t79(1) AGR 03-376('1) AGR 03-243(2) Bakersfield, California August 18, 2004 - Page 8 CONSENT CALENDAR continued nh. Contract Change Order No. 1 to Agreement No. 02-235 with Kern County Construction ($19,608.00, for a total contract amount of $328,599.00) for the three turbine can pumps for the Water Resources Department. Bids: oo. Accept bid to award contract to Maximum Engineering, Inc., (not to exceed budgeted amount of $75,000.00) for woodwaste and greenwaste grinding services for the Solid Waste Division. PP. Accept bids from Rehrig Pacific Company ($148,802.94) and Toter, Inc., ($110,180.07) for refuse, yard waste and recycling containers for the Solid Waste Division (total compensation $258,983.01). qq. Accept bids from Insight Public Sector ($25,630.62) and Cogent Direct ($17,007.66) for replacement GIS Workstations for Information Technology Division (total award $42,638.28). rt. Extend bid from Quinn Company ($202,506.95) for one (1) replacement articulated four wheel drive loader, with buckets and grapple fork, for the Solid Waste Division. SS. Accept bid from Consolidated Electrical Distributor ($52,664.04) for street lamps and accessories for Public Works. rt. Accept bid from DMC Diagnostic & Engineering Inc. ($92,720.00) for construction of the Brimhall Road Waterline Relocation for the Water Resources Department. Miscellaneous: UU. Reclassification of Accounting Clerk I (Risk Management) to Administrative Analyst I. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $148,729.73. ACTION TAKEN CC01 02-235 AGR 04-244 AGR 04-245 Motion by Vice-Mayor Couch to approve Consent Calendar items APPROVED 4.a. through 4. vv. 5o Bakersfield, California August 18, 2004 - Page 9 CONSENT CALENDAR HEARINGS General Plan Amendment/Zone Change 03-1539; Mclntosh & Associates has proposed a General Plan Amendment and an ordinance amendment for 81+ acres located approximately 1,800 feet south of State Route 58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended). Resolution adopting the Negative Declaration and approving the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 changing the zoning from A (Agriculture) R-1 PUD (One Family Dwelling Planned Unit Development). General Plan Amendment/Zone Change No. 04-0313; M. S. Walker & Associates (property owner: Corvette, LLC) is proposing a mini-storage facility on 3.71 acres located on the east side of Patton Way, north of Meany Avenue. Resolution adopting the Negative Declaration, upholding the Planning Commission decision, and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial). Resolution adopting the Negative Declaration, upholding the Planning Commission decision, and approving the Amendment to the Riverlakes Ranch Specific Plan to change the land use designation from LR (Low Density Residential) to GC (General Commercial). First reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission decision, and amending Title 17 of the Municipal Code and Zoning Map No. 102-16 to change the zoning from P (Automobile Parking) to PCD (Planned Commemial Development). ACTION TAKEN RES 235-04 FR RES 236-04 RES 237-04 FR 5o Bakersfield, California August 18, 2004 - Page 10 CONSENT CALENDAR HEARINGS continued General Plan Amendment/Zone Change 04-0423; SmithTech/USA Inc. has proposed a General Plan Amendment and an ordinance amendment on approximately 50 acres, located generally south of Panama Lane, generally east of South Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from SR (Suburban Residential) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from E (Estate) and A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). General Plan Amendment/Zone Change 04-0429; Mclntosh & Associates for Centex Homes has proposed a General Plan Amendment, an ordinance amendment and Williamson Act cancellation for 77 acres, located generally north of Panama Lane to Pensinger Road, west of Buena Vista Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling). Resolution approving the Negative Declaration and adopting the Cancellation of the Williamson Act Contract. Continued Consolidated Public Hearing to consider appeals by Mclntosh & Associates of determination of incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and Paladino Drive west of Masterson. Engineer: Mclntosh and Associates/Owners: Mountain View Bravo and S & J Alfalfa, Inc.) City Clerk McCarthy announced item 5.e. has been withdrawn. ACTION TAKEN RES 238-04 FR RES 239-04 FR RES 240-04 Bakersfield, California August 18, 2004 - Page 11 CONSENT CALENDAR HEARINGS continued Hearings opened at 5:34 p.m. No one spoke. Hearings closed at 5:34 p.m. Motion by Vice. Mayor Couch to approve Consent Calendar Hearings 5. a. through 5. d. with the removal of 5. e. CLOSED SESSION a. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9. One (1) potential case. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a) (3 cases): 1. City of Bakersfield v. City of Shafter 2. City of Bakersfield v. SPCA, et al 3. Bakersfield Firemen Labor Organization, et al v. City of Bakersfield, et al 4. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al. c. Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator. Motion by Vice-Mayor Couch to adjourn to Closed Session at 5:35 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:56 p.m. ACTION TAKEN APPROVED APPROVED APPROVED Bakersfield, California August 18, 2004 - Page 12 RECONVENED MEETING - 7:00 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio f0. Absent: None. INVOCATION by Reverend Madeline K. Methodist Church. Elsea, Trinity United PLEDGE OF ALLEGIANCE by Meaghan Dadigan, 34 Grade Student at Colonel Howard Nichols School. CLOSED SESSION ACTION a. Conference with Legal Counsel - Anticipated Litigation; NAT Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9. One (1) potential case. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a) (3 cases): 1. City of Bakersfield v. City of Shafter 2. City of Bakersfield v. SPCA, et al 3. Bakersfield Firemen Labor Organization, et al v. City of Bakersfield, et al 4. North Kern Water Storage District, et al v. Kern Delta NAT Water Storage District, et al. c. Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator. ACTION TAKEN NAT SETTLEMENT APPROVED NOT HEARD NOT HEARD 'lt. 12. Bakersfield, California August 18, 2004 - Page 13 PUBLIC STATEMENTS a. Ray Ballard spoke regarding Oildale Missionary Outreach and provided written material. b. Dean Silliman spoke regarding agenda item 14.a. Mayor Hall recognized members of Boy Scout Troop 147 from Norris School and Troop16 from the First Congregational Church in attendance to fulfill requirements for communications merit badges. HEARINGS a. Continued Public Hearing to consider Resolution changing the name of Windsong Street to Ashley Castle Street (Brian Castle) and Resolution amending the street name change policy. City Clerk McCarthy announced since the last hearing on the issue, July 7th, correspondence has been received from twenty-one individuals in support of the street name change, fifty-seven individuals in opposition to the name change and five with no position. Staff comments by Development Services Director Hardisty. Hearing opened at 7:26 p.m. Norma Jackson, Donna Belhumeur, Phil Belhumeur and Dan Meyer spoke in opposition to the street name change. Charlotte Castle, Cindy Kinney, Jeremy Caldwell and John Whalen spoke in favor of the street name change. Additionally, Jeremy Caldwell provided written material. Phil Belhumeur and Dan Meyer spoke in rebuttal opposition to the street name change. Erica Dixon, John Whalen and Diane Zagalla and spoke in rebuttal favor of the street name change. Ryan Watonville made an alternative suggestion to the street name change. Hearing closed at 8:07 p.m. ACTION TAKEN RES 241-04 12. Bakersfield, California August 18, 2004 - Page 14 HEARINGS continued Vice-Mayor Couch requested the Planning and Development Committee develop criteria and program/programs, including renaming of streets, to guide citizens in cohesive means of memorializing those lost in traffic accidents. Motion by Vice-Mayor Couch to deny the appeal by the Castle family to change the name of Windsong Street and adopt the staff recommendation regarding policy change relating to naming and re-naming streets, and to refer the policy to Planning and Development Committee for further review. Recess taken from 9:00 p. to 9:10 p.m. General Plan AmendmentJZone Change 04-0435; SmithTech/USA Inc. has proposed a General Plan Amendment and an ordinance amendment for 80 acres generally located along the south side of Panama Lane approximately 1,485 feet east of Buena Vista Road. The applicant has appealed the Planning Commission decision to deny this request. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration, and upon annexation, amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). Staff comments by Development Services Director Hardisty. Hearing opened at 9:14 p.m. Bob Smith, SmithTech/USA, spoke is support of the staff recommendation. Hearing closed at 9:18 p.m. Motion by Councilmember Hanson to over-turn the Planning Commission decision, adopt the Resolution approving the negative declaration and General Plan Amendment, and give first reading to the Ordinance. ACTION TAKEN APPROVED RES 243-04 FR APPROVED 13. Bakersfield, California August 18, 2004- Page 15 DEFERRED BUSINESS Approve transfer of the Holiday Inn Select owned by John Q. Hammons Hotels Two, L.P., to Newport Hospitality Group, as the ownership entity and Brighton Hospitality Corporation as the management entity. Staff comments by City Manager Tandy. Motion by Councilmember Benham to authorize the transfer. ACTION TAKEN APPROVED 14. NEW BUSINESS Agreement with County of Kern involving Sphere of Influence Boundaries, Development Standards and Zoning Requirements. Staff comments by City Manager Tandy and Development Services Director Hardisty. Motion by Vice-Mayor Couch to approve the Agreement, b. Jefferson Pool Rehabilitation and Wet Play Area: Accept bid to award contract to S. C. Anderson, Inc. ($2,275,800.00) for base bid ($1,981,000.00); selective alternate Fiberglass Shingles Roof ($9,800.00) and the additive alternate Wet Play Area ($285,000.00) Appropriate $335,000.00 Central (Zone 2) Park Acquisition Funds Account Balance to the Capital Improvement Budget within the Park Development Fund. Staff comments by City Manager Tandy. Motion by Councilmember Benham to accept bid, award contract and appropriate funds. AGR 04-247 APPROVED AGR 04-248 APPROVED 14. 15. Bakersfield, California August 18, 2004 - Page 16 NEW BUSINESS continued Agreement with the Tree Foundation of Kern (not to exceed $28,400.00) for remibursement of trees and planting materials within City parks and public right of ways. Staff comments by City Manager Tandy. Dana Karcher, Tree Foundation of Kern, made comments. Councilmember Maqgard suggested the Foundation pursue establishing a memorial grove; requested Planning and Development Committee review this option in conjunction with the street re-naming policy and staff to inform Dana Karcher when the Planning and Development Committee meets. Motion by Vice-Mayor Couch to approved the Agreement. MAYOR AND COUNCIL STATEMENTS Councilmember Maggard requested staff investigate avenues to encourage local investment in the Bakersfield Blitz football team. Councilmember Maggard requested an update regarding efforts to control the spread of the West Nile Virus. Water Resources Manager Core responded. Councilmember Maggard requested staff investigate standing water near the walking path on the Panorama bluffs. Vice-Mayor Couch requested staff, at the request of Mr. Cart, assist facilitation in clean-up ora sump in the Olive Drive area. Councilmember Maggard requested an update on the balance in the facilities replacement fund; the means by which monies are funded, and requested the Budget and Finance Committee explore earmarking remaining funds or a percentage and any future one-time monies for road repair and report back to Council. Councilmember Hanson requested assistance for a citizen in acquiring dust abatement aide from the San Joaquin Valley Air Quality District in the Buena Vista/White Lane area. Councilmember Hanson requested an update on the Centex property in the new park area and Fire Station 17 and the status of escrow for the property. ACTION TAKEN APPROVED 15. Bakersfield, California August 18, 2004 - Page 17 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested information regarding handling of water hyacinth on the river. Water Resources Manager Core responded Councilmember Benham provided a letter to Assistant City Manager Christensen and requested follow, up. Councilmember Benham requested police enforcement regarding use of motorized vehicles on the bike trail in the Riviera. Westchester area and provided contact information. Councilmember Salvaggio requested staff abatement of graffiti on the masonry wall at Lemay and South H Street. Councilmember Salvaggio requested staff investigate the feasibility of licensing cats. Councilmember Salvaggio requested staff investigate illegal dumping on the south side of Wilson Road at South H Street. Councilmember Salvaggio thanked PAL for the cards he received from children. Councilmember Salvaggio requested Recreation and Parks contact Fred lverson and facilitate launching the annual Toy Run at Beech Park. Councilmember Salvaggio requested the fireworks Ordinance be addressed before he leaves office. Councilmember Salvaggio requested the new Kern River park be named before he leaves office. Councilmember Salvaggio requested an update regarding the White Lane/Highway 99 project and whether ERS is paying for part of the project. Councilmember Salvaggio expressed appreciation to the City Clerk, the Clerk's staff and the City Manager's staff. Councilmember Carson requested Public Works staff investigate extending the beautification of Union Avenue from Casa Loma to Planz. Councilmember Carson requested an update regarding the sewer line on P Street. ACTION TAKEN t5. Bakersfield, California August 18, 2004 - Page 18 MAYOR AND COUNCIL STATEMENTS continued Councilmember Carson congratulated staff on the opening of Bakersfield's first wet park last Monday, August 16 in Wayside Park. Councilmember Carson suggested the possibility of installing wet park facilities in all City parks. Councilmember Carson invited Council to attend a luncheon she is hosting for Police Chief Rector to meet Ward f citizens, at Martin Luther King, Jr. Center on Friday, August 20 at f f :30 a.m. Councilmember Sullivan acknowledged the removal of five abandoned houses on Stine Rd., between Panama and Harris. Councilmember Sullivan requested staff perform maintenance on the entrances to the Seasons neighborhood, on New Stine and Harris. Vice-Mayor Couch requested staff investigate Illegal dumping at the southwest corner of Stockdale and Buena Vista; additionally there is an RV parked in the street at the same location. Vice-Mayor Couch reminded Council of the Bar-b-que Sunday to raise funds for heart transplant patient Abby Duncan. Vice-Mayor Couch requested staff provide an update on behalf of Mr. Saltz regarding feasibility of providing access to the bikepath from Jewetta. Mayor Hall made comments regarding the street name change issue. ACTION TAKEN Bakersfield, California August 18, 2004 - Page 19 ADJOURNMENT Mayor Hall adjourned the meeting at 10:26 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California