HomeMy WebLinkAbout11/03/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS
NOVEMBER 3, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CLOSED SESSION
There will be a conference with legal counsel regarding five cases of existing litigation, and one case of
potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Student body representatives from 13 High Schools will be introduced as part of the 50th Annual "Teen City
Government Day." The students will attend the evening session from 6:30 to 7:30, at which time Council
will take a short recess to allow the students to leave to prepare for the next day's classes.
Resolutions
Item log. Resolution Settinq the Dates of Reqular City Council Meetinqs, Budqet Hearinqs, and
Department Presentations for January throuqh December, 2005. There will be two scheduled meetings per
month, with the exception of August and December when there will be only one meeting. All of the
proposed dates are listed in the administrative report.
Aqreements
Item IOL Aqreement with Michael Brandman and Associates to Prepare an Environmental Impact Report
for the Off Hiqhway Vehicle Park in the amount of $315.090. The contract will cover all expenses
associated with both the professional studies and the environmental impact report itself. All costs will be
paid for by the State Grant funds appropriated by the City Council to the off Highway Vehicle Park in April,
2004.
Miscellaneous
Item 10o. Community Development Block Grant Action Plan Amendments (Wards 1, 2 and 3). This is a
series of adjustments dealing with balances for projects underway, surplus monies and the like. A detailing
is contained in the administrative report.
CONSENT CALENDAR HEARINGS
Item 11a. General Plan Amendment to Amend the Circulation Element in the Area of Stockdale HiQhwav
and Renfro Road. Castle and Cooke California, Inc. is proposing four separate elements for the purpose o[
providing adequate distribution of traffic for future development in the area. These include removing the
"collecto¢' designation from one portion of Renfro Road and adding it to another portion of Renfro Road. In
conjunction with this request, City staff recommends modifying the Class 2 Bike Lane designation
accordingly along these same portions of Renfro Road.
Castle and Cooke also proposes adding a new north-south collector on the south side of Stockdale
Highway ,,vest of Renfro Road and removing the collector designation of an east-west portion of road in this
same are,% Staff recommends approval of the amendment.
Agenda Highlights
November 3, 2004
Page 2
Item 11b. General Plan Amendment for 20 Acres Generally Located Atonq McKee Road1 Approximately
One-Half Mile West of State Route 99 and One-Fourth Mile East of Wible Road. Porter-Robertson
Engineering proposes changing the zoning from High Medium Density to Low Medium Density residential
for construction of single-family dwellings. The Planning Commission recommended Council approval in
September, 2004. Staff recommends approval of the amendment.
Item 11c, General Plan Amendment on 18 Acres and Zone Chanae on 20 Acres of Prooertv Located Alone
the North Side of Hoskinq Road Approximately 500 Feet East of Monitor Street. GVA Development
Corporation is proposing construction of multiple-family dwellings and one on-site management unit/office.
The Planning Commission recommended Council approval in September, 2004. Staff recommends
approval of the amendment and zone change.
Item 11d. General Plan Amendment Amendinq the Comprehensive Circulation Map, Bikeway Master Plan,
and Specific Parks and Trails Plan for the North Half of the City in the Hills Proiect. Mountain View Bravo,
LLC is proposing six amendments for the purpose of constructing a planned unit development. These
include: extending the arterial designation of Vineland Road, between Panorama and SR 178, and
changing and redesignating the collector alignment of an unnamed road between Vineland Road and
Paladino Drive. These changes would provide an arterial and freeway interchange to reduce the amount of
vehicular trips, thereby mitigating air quality for future development in the area. It is also proposed to modify
the Class 2 Bike Lane alignment to correspond with these changes. Staff recommends approval of the
amendment.
Item 11e. General Plan Amendment and Zone Chanqe on 15 Acres Located at the Southeast Corner of
McKee and Stine Roads. Wayne Deifel, Delmarter and Deifel, on behalf of Three Gills Inc. proposes the
amendment to allow development of commercial uses on this site. The Planning Commission
recommended Council approval in September, 2004. Staff recommends approval of the amendment and
zone change.
Item 11f. General Plan Amendment on Approximately 0.75 Acres Located Generally North of Snow Road.
West of Calloway Drive and East of the Friant-Kern Canal. SmithTech/USA Inc. on behalf of Michel
Etcheverry proposes the amendment from Agriculture to Suburban Residential in order to construct single-
family residential units. The Planning Commission recommended Council approval in September, 2004.
Staff recommends approval of the amendment.
Item 11g. General Plan Amendment and Specific Plan Line at Morninq Drive and Hiohwav 178. The City is
proposing circulation and bikeway amendments for the purpose of establishing a planned interchange at
this location. The specific plan line identifies the right-of-way needed for the realignments and interchange.
Auburn Street at Morning Drive is also proposed for realignment to facilitate the interchange. The Planning
Commission recommending adopting of the change. Staff also recommends approval of the amendment
and specific plan line.
Item 11h. Resolution Adoptinq Fees Pursuant to the Cost Recover,/Proqram. The Planning Division of
the Development Services Department is proposing adjustments to address costs that are not being
recovered by the current application fees. Staff met with the Building Industry Association, who reviewed
the proposed increases. These fee increases are related to the additional Planning positions recently
approved by the City Council and are necessary to fund the added positions.
Planning fees have fallen behind the cost of service. In an effort to bridge the gap, fee adjustments of
generally 15% are being proposed to bring existing fees in line with the costs to deliver services. A brief
summary of the proposed changes is outlined in the administrative report.
Agenda Highlights
November 3, 2004
Page 3
HEARINGS
Item 12a. Appeal by Porter-Robertson Enqineerinq, on behalf of McMillin Homes, to the Planninq
Commission's Decision to Deny their Proposal for a General Plan Amendment and Zone Chanqe on 18 ?
Acres, Located Alonq the North Side of Snow Road between Shane Street and Homestead Way. This item
was continued from the October 20, 2004 Council meeting in order to give the developer, protesters and the
Councilmember an opportunity to meet. The sole issue is a proposal to rezone for 6,000 square foot lots
within a district of existing large lots and zoned for large animals. The Planning Commission denied the
request by a unanimous vote. Staff recommends upholding the Planning Commission's decision and
denying the appeal.
Item 12b. A[~[~eal bv Castle & Cooke of the Planninq Commission's Denial of their Proposal of a General
Plan Amendment and Zone Chanqe on 20 Acres Located at the Northeast Corner of Ashe Road and
Panama Lane. This item was continued from the City Council of October 20, 2004 at the appellant's
request. Staff continues to recommend upholding the Planning Commission's decision and denying the
appeal.
Item 12c. A[}i}eal bv Mclntosh & Associates on behalf of Basil Zuniqa, Lucas Dobrzanski and Castle &
Cooke California Inc. to the Planninq Commission's Denial of their Proposal for a General Plan Amendment
and Zone Chanae reaardinq a Pedestrian Bridqe over the Kern River Canal and Path from Louqhton
Avenue to Stockdale Hiqhway. The purpose of the proposal is to remove two conditions that require
construction of the bridge, an improved pedestrian path and access easement. These conditions have
been required since 1990 and provide for pedestrian access from the adjacent residential neighborhood
from Loughton Avenue to Stockdale Highway when the property at the southeast corner of Stockdale
Highway and Buena Vista Road is developed.
The Police Department and Water Resources Department expressed some concerns, which are detailed in
the administrative report. Additionally, residents in the adjacent neighborhood expressed concerns that the
bridge would not be used and there is no need for school access since the multi-family zoning has been
changed to Office-Commercial. Both the Planning Commission and staff believe that the issues raised by
the Police and Water Departments, and adjacent homeowners can be resolved through adequate design
and that there remains a need for pedestrian access from the neighborhood to the Office-Commercial.
There are other existing canal crossings adjacent to neighborhoods in the City which provide similar access.
NEW BUSINESS
Item 13a. First Readinq of Ordinance Amendinq the Municipal Code Relatinq to Fireworks. At its meeting
of October 18, 2004, the Legislative and Litigation Committee reviewed staff presentations on proposals to
modify the City's existing fireworks ordinance. Both staff comments and community input were received.
Two of the major changes being proposed include eliminating duplicate applications in 2005 and eliminating
all grandfathered permits in 2007. The administrative report details a more involved list of changes.
Separately from changes within the Fireworks Ordinance, the Committee recommends adding to the Fire
Code procedures for administrative enforcement. The Committee also recommends that the issues of cost
recovery of staffing costs for 2005 be sent to Budget and Finance Committee.
Approved:
John W. Stinson,
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
NOVEMBER 3, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. REPORTS/~NORKSHOPS
3. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. Five (5) cases:
1. Bakersfield Firemen's Labor Organization v. City of Bakersfield, et al.
2. Grant D. Hoffman, et al v. City of Bakersfield, et al.
3. Dorothy Jean Owens v. City of Bakersfield.
4. Bakersfield Citizens for Local Control v. City of Bakersfield.
5. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al.
b. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation
pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. One (1) potentiar
case.
RECONVENED MEETING - 6:30 p.m.
4. ROLL CALL
a. Introduction of Student Body Representatives participating in the 50 consecutive Teen City
Government Day".
5. INVOCATION by Pastor Bob Songer, Olive Knolls Church of Nazarene.
6. PLEDGE OF ALLEGIANCE by Jonathan Munoz and McKelyn Munoz, Kindergarten and 2n~ Grade
Students, respectively, at Buena Vista School.
7, CLOSED SESSION ACTION
8. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Becky Porter, Teen Government Day
Coordinator for the Kern High School District, proclaiming November 3, 2004, as "Teen
Government Day".
b. Presentation by Mayor Hall of Proclamation to Cathy Hansen, President, Bakersfield Council
Navy League, proclaiming November 10, 2004, as "United States Marine Band Day".
9. PUBLIC STATEMENTS
10. CONSENT CALENDAR
(Ward 7)
(Ward 4)
(Ward 3)
(Ward 6)
(Wards 4,6)
Minutes:
a. Approval of minutes of the October 20, 2004 Council Meeting.
Payments:
Approval of department payments from October 8, 2004 to October 21,2004 in the amount
of $7,661,377.10 and self insurance payments from October 8, 2004 to October 21, 2004
in the amount of $132,829.99.
Ordinances:
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 123-36 from A (Agriculture) to R-1 (One Family Dwelling)
on 39.90 acres located at 2329 McKee Read (GPNZC 04-0439). (First Reading 10/20/04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One Family Dwelling)
on 80 acres and from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 25 acres
generally located along the north side of Kratzmeyer Road between Allen Road and Jenkins
Road (extended), and the west side of Allen Road between Kratzmeyer Road and Knight's
Bridge Place. (GPNZC 04-0871 ) (First Reading 10/20/04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-04 from C-O (Professional and Administrative
Office), C-O HD (Professional and Administrative Office-Hillside Development) and C-2
(Regional Commercial) zones to R-1 (One Family Dwelling), R-1 HD (One Family Dwelling-
Hillside Development), R-2 (Limited Multiple Family) and OS (Open Space) zones on 108
acres located generally south of Alfred Harrell Highway, east and west of Lake Ming
Road/Masterson Street. (GPNZC 04-0436) (First Reading 10/20/04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-36 from A (Agriculture) zone to R-1 (One Family
Dwelling) on 15 acres located along the south side of McKee Road, generally between Wible
Road and State Highway 99. (GPNZC 04-0848) (First Reading 10/20/04)
Resolutions:
Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Budget Presentations for January through December 2005.
Agreements:
h. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with Castle & Cooke California, Inc., for
Tract 6250 Unit 3 located north of Stockdale Highway and west of Jewetta Avenue.
Improvement Agreements with Castle & Cooke California, Inc., for Ashe Road
improvements required by Tract 6166 located north of Panama Lane and west of
Ashe Road.
Agreement with Michael Brandman and Associates ($315,090.00) to prepare an
Environmental Impact Report (EIR) for the Off Highway Vehicle Park.
2
10.
(Wards 1,2,3)
11.
(Ward 4)
CONSENT CALENDAR continued
Amendment No. 2 to Agreement No. 02-094 with Redflex Traffic Systems, Inc. for
assignment of security interest in certain property (Form of Acknowledement and Consent)
to Harris Trust and Savings Bank.
Amendment No. 1 to Agreement No. PD 97-1 with Randy's Towing (formerly Cheap
Discount & Budget Towing Service).
Bids:
Accept bids from McCain Traffic ($73,053.39) and Pacific Lighting ($10,086.91) for traffic
signal equipment for the Public Works Department (total bid $83,140.30).
Accept bid from Stewart Electric ($138,235.60) for signal poles for the Public Works
Department.
Accept bid from Synchronex ($81,402.75) for five (5) traffic vision detection systems for the
Public Works Department.
Miscellaneous:
Community Development Block Grant (CDBG) Action Plan Amendment No. 11 (FY 01/02),
Amendment No. 13 (FY 02/03), and Amendment No. 1 (FY 04/05).
Transfer $260,000.00 Uncommitted Community Development Block Grant Funds to
the Economic and Community Development Capital Improvement Budget for a
handicap access ramp and acquisition/demolition activities for Economic
Development.
Transfer $200,000.00 Section 108 Funds from the Economic and Community
Development Operating Budget to the Capital Improvement Budget within the CDBG
Fund for the completion of the Martin Luther King Pool Rehabilitation Project.
Transfer $100,990.00 Community Development Block Grant Funds from the
Economic and Community Development Operating Budget to the Capital
Improvement Budget for acquisition/demolition activities for Economic Development.
Staff recommends adoption of Consent Calendar items a through o.
CONSENT CALENDAR HEARINGS
General Plan Amendment No. 03-0368; Castle & Cooke California, Inc., is requesting an
amendment to the Circulation Element deleting Renfro Road as an arterial from Culiacan
Avenue to Ming Avenue, redesignation of Renfro Road as a collector from Stockdale
Highway to Culiacan Avenue, deletion of an unnamed collector west of Renfro Road south
of Stockdale Highway and addition of a new north/south collector on the south side of
Stockdale Highway, west of Renfro Road. Staff is also recommending the deletion of a
Class 2 Bike Lane designation in conjuction with the Renfro Road amendment. (Staff
recommends adoption of resolution.)
Resolution approving the Negative Declaration and approving the General Plan
Amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the
Circulation Element of the Metropolitan Bakersfield General Plan deleting a segment
of Renfro Road as an arterial street, redesignating a portion of Renfro Road as a
collector, changing the collector road system south of Stockdale Highway and west
of Renfro Road and amending the Bike Lane Plan.
11.
(Ward 7)
(Ward 7)
(Ward 3)
(Ward 6)
(Ward 4)
CONSENT CALENDAR HEARINGS continued
General Plan Amendment No. 04-0821 (currently County); Porter-Robertson Engineering
has proposed a general plan amendment on approximately 20 acres generally located along
the side of McKee Road approximately one-half mile west of State Route 99 and
approximately one-fourth mile east of Wible Road. (Staff recommends adoption of
resolution.)
Resolution approving the Negative Declaration, adopting the General Plan
Amendment and changing the land use designations from HMR (High Medium
Density Residential) to LMR (Low Medium Density Residential) on approximately 20
acres.
General Plan Amendment/Zone Change 04-0876; GVA Development Corporation has
proposed a general plan amendment on 18 acres and a zone change on approximately 20
acres located along the north side of Hosking Road approximately 500 feet east of Monitor
Street. (Staff recommends adoption of resolution and give first reading to ordinance.)
Resolution approving the Mitigated Negative Declaration and adopting the General
Plan Amendment changing the land use element from LR (Low Density Residential)
to HMR (High Medium Density Residential).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-30 from R-1 (One Family
Dwelling) to PUD (Planned Unit Development).
General Plan Amendment No. 04-0878; Mountain View Bravo, LLC (c/o Pinnacle
Engineering) is requesting circulation and bikeway amendments to the City in the Hills
Circulation Plan. (Staff recommends adoption of resolution.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment of the Circulation Element, and Specific Parks and Trails Plan for
Northeast Bakersfield of the Metropolitan Bakersfield General Plan to reconfigure the
planned arterials and collectors for the City in the Hills Project.
General Plan Amendment/Zone Change 04-0879; Wayne Deifel, Delmarter and Deifel, on
behalf of Three Gills, Inc., has proposed a general plan amendment and zone change on
15 acres located at the southeast corner of McKee Road and Stine Road. (Staff
recommends adoption of resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designation from SR (Suburban Residential) to GC
(General Commercial).
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-35 from A (Agriculture) to C-2
(Regional Commercial).
General Plan Amendment 04-0998; Smith Tech/USA Inc., on behalf of Michel Etcheverry,
has proposed a general plan amendment on approximately 0.75 acres, located generally
north of Snow Road, generally west of Calloway Drive and east of the Friant-Kern Canal.
(Staff recommends adoption of resolutions)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designation from R-IA (Resource-Intensive
Agriculture) to SR (Suburban Residential) on approximately 0.75 acres.
4
11.
(Ward 3)
12.
(Ward 4)
(Ward 6)
CONSENT CALENDAR HEARINGS continued
General Plan Amendment/Specific Plan Line No. 04-1037; The City of Bakersfield is
proposing circulation and bikeway amendments and a specific plan line to establish a
planned interchange at Morning Drive and Highway 178. The specific plan line identifies the
right-of-way needed for the realignments and interchange. (Staff recommends adoption of
resolution.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment of the Circulation Element and Specific Parks and Trails Plan for
Northeast Bakersfield of the Metropolitan Bakersfield General Plan, and adopting the
Specific Plan Line, pursuant to Chapter 17.55 of the Municipal Code, for the
realigned segments of Morning Drive and Auburn Street and planned right-of-way
for an interchange at Morning Drive and Highway 178.
Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery
Program, (Staff recommends adoption of resolution.)
HEARINGS
84
Continued Appeal Hearing to consider General Plan Amendment/Zone Change 04-0814;
Porter-Robertson Engineering, on behalf of McMillin Homes, has appealed the Planning
Commission's decision denying their proposal for a general plan amendment and zone
change on 18.2 acres, located along the north side of Snow Road between Shane Street
and Homestead Way. (Hearing continued from 10/20/04 meeting.)
Resolution approving the Negative Declaration and denying the requested general
plan amendment from RR (Rural Residential) to LR (Low Density Residential) on
18.2 acres.
Resolution upholding the Planning Commission decision approving the Negative
Declaration and denying the amendment for Title 17 of the Municipal Code and
Zoning Map 101-01 and the zone change from RS 2-1/2 (Residential Suburban 2-1/2
minimum lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Staff recommends adoption of resolutions and deny the appeal.
Continued Appeal Hearing to consider General Plan Amendment/Zone Change 03-1169;
Castle & Cooke has appealed the Planning Commission' denial of their proposal of a general
plan amendment and zone change on 20 acres located at the northeast corner of Ashe
Road and Panama Lane. Applicant requested general plan amendment to LMR (Low
Medium Residential); Planning Commission approved general plan amendment to HMR
(High Medium Residential). (Hearing continued from 10/20/04 meeting.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from HR (High Density Residential)
and GC (General Commercial) to HMR (High Medium Density Residential) on 11.86
acres and from GC (General Commercial) to HMR (High Medium Density
Residential) on 8.22 acres.
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-22 from R-3 (Limited Multiple-
Family Dwelling) and C-2 (Regional Commercial) to R-2 on 8.82 acres.
Staff recommends adoption of resolution, give first reading to ordinance and deny the appeal
(Ward 4)
12.
13.
14.
15.
HEARINGS continued
General Plan Amendment/Zone Change 04-0885; Mclntosh & Associates, on behalf of Basil
Zuniga, Lucas Dobrzanski, and Castle & Cooke California, Inc., has appealed the Planning
Commission's decision to deny the proposal by Castle & Cooke California, Inc., to eliminate
two conditions approved for General Plan Amendment/Zone Change No. 04-0745 that
require a pedestrian bridge over the Kern River Canal and improved pedestrian path and
access easement from Loughton Avenue to Stockdale Highway.
Resolution upholding the decision of the Planning Commission, denying the appeal,
approving the Negative Declaration, and denying the General Plan Amendment to
eliminate Condition Nos. B.I. and B.2. of Exhibit B in Resolution No. 207-03.
First Reading of Ordinance denying the appeal, approving the Negative Declaration,
and denying the request to eliminate Condition Nos. B.I. and B.2. of Exhibit C in
Ordinance No. 4165.
Staff recommends keeping the requirement for the pedestrian bridge and other improvements,
adoption of the resolution and first reading of ordinance.
NEW BUSINESS
First Reading of Ordinance amending Section 8.44,030 of the Municipal Code relating to
Fireworks.
Legislative and Litigation Committee recommends Council give first reading to ordinance.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
10/28/04 9:30am
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Closed Session
ITEM: ~. O-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 22, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY. /,,"/~_~
CITY MANAGER.
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Bakersfield Fireman's Labor Organization v. City of Bakersfield
USDC Case No, CV-F-03-5645 REC L JO
· Grant D. Hoffman, et al vs. City of Bakersfield, et al
KCSC Case No. 2465380-SPC
· Dorothy Jean Owens v. City of Bakersfield
Kern County Superior Court, Case No. S-1500-CV-251420 SPC,
· Bakersfield Citizens For Local Control v. City of Bakersfield
5t~ DCA Case No. F044943
· North Kern Water Storage District, et al v. Kern Delta Water Storage District.
et al, Tulare Superior Court Case No. 96-172919
VG:do
S:\COUNCIL\CI Sess~,Admins, 04_05\l 1-03-04E;dstli~ dcc dotot
October 22, 2004, 1:51P~,1
' MEE I lNG DATE: November 3, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Closed Session
ITEM: ~.~3,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 22, 2004
APPROVED
DEPARTMENT HEAD,, _/J~-
CITY ATTORNEY ~"'~
CITY MANAGER... ~
Conference with Legal Counsel -- Potential Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code
section 54956.9
One (1) potential case.
VG:do
S:\COUNOL,CI Sess~Admins\O4-05\l 1-03-04 Potential.doc
10/22/2004
MEETING DATE:
ADMINISTRATIVE REPORT
November 3, 2004
AGENDA SECTION: Roll Call
ITEM: ~, 0..
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: October 18, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Introduction of Student Body Representatives Participating in the 50th consecutive
'Teen City Government Day"
RECOMMENDATION:
To be determined Dy Council.
BACKGROUND:
The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the
Optimists in sponsoring Teen City Government Day. This year will be the 50th year the City has
participated in this event. The school district has indicated thirteen schools will be participating:
Bakersfield High School, Bakersfield Christian High School, Centennial High School, East Bakersfield
High School, Foothill High School, Garces High School, Highland High School, Liberty High School,
North High School, Ridgeview High School, South High Schcol, Stockdale High School, and West High
School.
Four students from each school will participate in the Teen City Government Day morning activities.
Students representing the Mayor and Council, the City Manager, Assistant City Manager, City Attorney,
Public Works Director, and Development Services Director (one student representing each school) are
invited to attend the evening session from 6:30 p.m. to no later than 7:30 p.m., with Council then taking
a short recess to allow students to leave to prepare for the following day's classes.
October 21, 2004, 2:52PM
P:\TEEN\Teen04'~AD M04-11-03-TeenGovOay.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
IAGENDA SECTION: Presentations
ITEM; ~, ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 21, 2004
.~.ROVED
DEPARTMENT HEAD__~_
CITY ATTORNEY
CITY MANAGER ~
Presentation by Mayor Hall of Proclamation to Becky Porter, Teen Government Day
Coordinator for the Kern High School District, proclaiming November 3, 2004, as "Teen
Government Day."
RECOMMENDATION:
BACKGROUND:
ndw
October 21, 2004, 3:14PM
S:\MAYOR~ADMIN\TEEN GOVERNMENT DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Presentations
TEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L Halt
October 21, 2004
DEPARTMENT H EAD~I'
CITY ATTORNEY
CITY MANAGER. (~,~'-~
Presentation by Mayor Hall of Proclamation to Cathy Hansen, President, Bakersfield
Council Navy League, proclaiming November 10, 2004, as "United States Marine Band
Day."
RECOMMENDATION:
BACKGROUND:
ndw
October 21,2004, 11:23AM
S:\MAYOR~.DMIN\US MARINE BAND DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent Calendar
ITEM: 10.0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
October 22, 2004
APPROVED
DEPARTMENTIHEA~
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the October 20, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004 AGENDA SECTION: Consent Calendar
ITEM: [0,b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 21, 2004
APPROVED
DEPARTMENT HEAD .,,./f~ ~
CITY ATTORNEY~._...~
M^NAGER
Approval of department payments from October 8, 2004 to October 21, 2004 in the amount
of $7,661,377.10 and self insurance payments from October 8, 2004 to October 21, 2004 in
the amount of $132,829.99.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,794,207.09
BACKGROUND:
October 21, 2004, 2:04PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
IMEETING DATE: November 3, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent
ITEM: [0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
-.PR ED
DEPARTMENT HEAD ~--__-~..
CITY ATTORNEY //-'"/~"
/
CITY MANAGER ~
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 123-36 changing the zoning district from A (Agriculture) to R-1 (One Family
Dwelling) on 39.90 acres located at 2329 McKee Road (ZC 04~0439). (Annexation
pending)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Mitigated Negative Declaration and gave first reading of the
ordinance on October 20, 2004.
The applicant's proposed amendment would allow 159 single family lots on the 39.90 acre site.
Applicant has agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this general plan amendment/zone
change and recommended City Council approval on September 16, 2004. No issues were raised
in public hearing and staff recommended approval.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was
prepared and posted on August 13, 2004.
RED:pjt
Admin\l 1-3~0439)
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent
TEM: 10, ~.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
.~R~'E D
DEPARTMENT HEAD/'~
CITY ATTORNEY
CITY MANAGER
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 101-11 changing the zoning from A (Exclusive Agriculture to R-1 (One
Family Dwelling) on 80 acres and from C-2 (Regional Commercial) to R-1 (One-Family
Dwelling) on 25 acres generally' located along the north side of Kratzmeyer Road between
Allen Road and Jenkins Road (extended), and the west side of Allen Road between
Kratzmeyer Road and Knight's Bridge Place (ZC 04-0871). (Annexation pending)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Mitigated Negative Declaration and gave first reading of the
ordinance on October 20, 2004.
The applicant's proposed amendment would allow 240 single-family lots on the 60+_ acre site.
Applicant has agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on March 18, 2004. No issues were raised in
the public hearing and staff recommended approval.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was
prepared and posted on August 11, 2004.
RED
Admin\l 1-3-0871
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004 AGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
/~.~PROVED
DEPARTMENT HE,~/,~-~
CITY ATTORN,~ ~/'~
CITY MANAGER ~
A Zone Change adopting the Negative Declaration and amending Title 17 of the Bakersfield
Municipal Code and Zoning Map No. 104-04 from C-O (Professional and Administrative
Office), C-O HD (Professional and Administrative Office-Hillside Development) a~"d~6;-2
(Regional Commercial) zones to R-1 (One Family Dwelling), R-1 HD (One Family Dweltin~~-~
Hillside Development) R-2 (Limited Multiple Family) and OS (Open Space) zones on 108
acres. The project site is located generally south of Alfred Harrell Highway, east and west
of Lake Ming Road/Masterson Street. Ray Lechuga of the Keith Companies representing
Reddy Malladi and Malladi P. submitted the zone change application (ZC 04-0436).
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on October 20, 2004.
Conditions relative to the construction of Masterson Street and Alfred Harrell Highway were added
by the City Council and are reflected in the ordinance for adoption.
This amendment to the general plan would permit the development of single family, multi family
residential and a park-site on 108 acres. The Planning Commission conducted public hearing(s)
on this Zone Change and recommended City Council approval on September 16, 2004. An appeal
was filed against the Planning Commission recommendation for approval, the City. Council held a
public hearing on the appeal on October 20, 2004. The City Council upheld the decision of the
Planning Commission and conducted the first reading of the Ordinance on Octobe, 20, 2004.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August
13, 2003, in accordance with CEQA.
M O
Admin,11-310436-2nd
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004 AGENDA SECTION: Consent
ITEM: (O,~:.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
APPROVED
DEPARTMENT HE~~,
CITY ATTORNEY~ ~
ClTY~ANAGER ~
A Zone Change adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-36 from A to an R-1 zone on 15 acres. The project site is
located along the south side of McKee Road, generally between Wible Road and State
Highway 99. Floyd Hinesley requested the zone change application (ZC 04-0848).
(Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on October 20, 2004.
This zone change would permit the development of single family residential units on the 15+ acre
site. The Planning Commission conducted a public hearing on this Zone Change and
recommended City Council adoption on September 16 2004. No one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project. The applicant's
engineer appealed the decision of the Planning Commission recommendation to approve the
request with a condition to provide street improvements along the south side of McKee Road. The
City Council upheld the Planning Commission's recommendation.
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 August
13, 2003, in accordance with CEQA.
MO
Admin\l 1-3-0848-2nd
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
IAGENDA SECTION: Consent Calendar
~ iTEM: 10.5'
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Cler~ DEPARTMENT HEAD ~"1,~.
DATE: October 26, 2004 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Presentations for January through December 2005.
RECOMMENDATION:
Staff recommends adoption of Resoiution.
BACKGROUND:
This Resolution sets the regular City Council Meetings, Budget Hearings and Department Budget
Presentations for 2005. Consideration was given to Spring Break, and League of California Cities
conferences in scheduling the proposed dates.
All regular meetings will be held in the Council Chambers at 6:30 p.m. A Budget Hearing is scheduled for
.!,~'r'e 8, 2005 at 6:30 p.m., with adoption of the Budget set for June 22, 2005.
Department Budge[ Presentations are scheduled for Mondavi', May 16th and June 6~ at 12:00 Noon, and
May 25~h during the Workshop/Reports portion of the agenda beginning at 5:15 p.m.
There will be two scheduled meelings per month with the exception of August and December. Those
months will have only one meeting scheduled on August 17th and December 14%
:proc
October 26, 2004, 1:58PM
S,\Counc¢~adm ns~003 M gDates2005.do
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent Calendar
TEM: i0.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 18, 2004
Tract Maps and Improvement Agreements
DEPARTMENT HEAD /~PROVE D
CIIY ATTORNEY
CITY MANAGER
Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6250
Unit 3 located north of Stockdale Highway and west of Jewetta Avenue. (Ward 4)
Improvement Agreements with Castle & Cooke California Inc., for Ashe Road
improvements required by Tract 6166 located north of Panama Lane and west of Ashe
Road. (Ward 6)
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.
· N
NOTE: THE [MPROX~ E, lENT AGREEMENTS
ARE FILED IN ~"-i ,. = (':TY CLERK'S OFFICE
FOR REVIEW.
October 18, 2004, 11:20AM
G:\GROUPDAT~ADMINRP~2004\I 1-03\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent
ITEM: [0,i,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 22, 2004
/~°¢VED
DE.ARTMENT.E
SUBJECT:
Agreement with Michael Brandman and Associates to prepare an Environmental Impact
Report (EIR) for the Off Highway Vehicle Park for $315,090.00. (No ward)
RECOMMENDATION:
Approve agreement.
BACKGROUND:
This contract is between the City of Bakersfield and Michael Brandman and Associates to cover
the necessary environmental documentation for an environmental impact report. The contract is
for $315,090.00 to cover all the expenses associated with both the professional studies and the
environmental impact report itself. All of these costs will be paid for by the State Grant funds
appropriated by the City Council to the Off Highway Vehicle Park Capital Improvement budget on
April 14, 2004.
The actual off highway vehicle site has not yet been identified or acquired. All potential sites are
!ocat_~d outside of Metropolitan Bakersfield. It is important that an environmental consulting firm be
involved in the evaluation of potential sites to minimize issues of environmental conflicts. A
conditional use permit will be required for the OHV recreation area. This project will require
approval of the Kern County Board of Supervisors.
It Js anticipated that once a site has been acquired that the conditional use permit process will take
1-1/2 years.
MG:pjt
Admin\l 1-3-ohveir
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
IAGENDA SECTION: Consent Calendar
ITEM: I 0 .,,.~ ·
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: October 21, 2004 CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Form of Acknowledgement and Consent with Redflex Traffic Systems Inc. for
assignment of security interest in certain property to Harris Trust and Savings Bank.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
On April 10, 2002 the City contracted with Redflex Traffic Systems, Inc. to provide a red light camera
enforcement program. Redflex traffic Systems is in the process of closing a line of debt financing with
the Harris Trust & Savings Bank. This financing is needed to meet the company's capital equipment
and construction costs to continue to install red light photo enforcement systems for various clients.
Pursuant to their agreement with the City, Redflex needs the City's approval and has requested the City
execute a "Form of Acknowledgement and Consent" to enable them to complete their financing.
Redflex indicates this action will not change the management, operation or future program performance
of the red light program being implemented through their contract with the City. The agreement with
the city provides for assignment for financing transactions, and that such assignment will not be
unreasonably withheld. Staff recommends approval of the "Form of Acknowledgement and Consent."
(jws)
October 21, 2004, 1:43PM
S:~JOHN~,Projects\Red Light Enforcement\Redflex Assignment Admin 10-3-2004.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~0,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bill Rector, Chief of Police
October 25, 2004
IAPPROVED
DEPARTMENTHEAD ~
CITY AT T O R N E Y~.~,'""~"~
CITY MANAGER ~
Amendment No. I to Agreement No. PD 97-1 between City of Bakersfield and Randy's
Towing (formerly Cheap Discount & Budget Towing Service)
RECOMMENDATION:
Staff recommends adoption of the Amendment 1 to Agreement No. PD 97-1.
BACKGROUND:
On September 20, 2004, Mr. Randy Winkle, owner of Cheap-Discount & Budget Towing Service,
requested the City of Bakersfield amend Agreement No. PD 97-1 to reflect the name of Randy's Towing
located at 1000 Mt. Vernon Avenue, as the entity doing business with the City of Bakersfield for light
towing service. Please see the attached letter from Mr. Randy Winkle.
The contract amendment reflects Mr. Winkle's request for a name change.
ADO:d]I
October 25. 2004, 207PM
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
rAGENDA SECTION: Consent Calendar
ITEM: [0, I.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Fina. nce Director DEPARTMENT HEAD
DATE: October 21, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bids from McCain Traffic, $73,053.39, and Pacific Lighting, $10,086.91, for traffic
signal equipment for Public Works Department. Total $83,140.30.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Funding is from two (2) sources; Transportation Development Fund and Gas Tax Fund.
Invitations to bid were sent to twenty one (21) vendors. Five (5) bids were received. Staff recommends
the award be split between McCain Traffic and Pacific Lighting as shown on the attached bid recap.
Purchasir'g Division
DW:ijm
P:~ADMIN~2004 ADMIN\C04_I 103_C_Traffic Signal ECuipment dcc
October 21, 2004, 3:55PM
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
IAGENDA SECTION: Consent Calendar
ITEM: iD,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 21, 2004
APPROVED
city A rOR.E
CITY MANAGER ~
SUBJECT:
Accept bid from Stewart Electric, $138,235.60, for signal poles for Public Works
Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Funding is from two (2) sources; Transportation Development Fund and Gas Tax Fund.
Invitations to bid were sent to fifteen (15) vendors. Three (3) bids were received, as follows:
Stewart Electric
1701 - 30th Street
Bakersfield CA 93301
Graybar Electric
6100 Schirra Court
Bakersfield CA 94558
JTB Supply Company, Incorporated
1030 North Batavia, Suite A
Orange CA 92867
(City) in the amount of
(City) in the amount of
in the amount of
$13~ zcb.60
$139,901 05
$174,894.72
OW !jm
P:~ADMIN~004 ADMIN',C04_I 103_8_Signal Poles,doc
Ocobe 21,2004 1 !3PM
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Consent Calendar
ITEM: ID. rt.
TO:
FROM'
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 21, 2004
APPROVED
DEPARTMENTHEAD,..4/5o~/~
ClTYATTORNEY.~~
CITY MANAGER ~
SUBJECT:
Accept bid from Synchronex, $81,402.75, for five (5) traffic vision detection systems for
Public Works Department.
RECOMMENDATION: Staff recommends acceptance of bid.
=3ACKGROUND: This equipment will be used at five (5) locations, and funding is from two (2) sources;
Transportation Development Fund and Gas Tax Fund.
Invitations to bid were sent to four (4) vendors. One (1) bid was received before the time deadline, and
one (!) was received late and returned to the vendor unopened.
Synchronex
!,365 Castlerock Lane
Santa Aha C& 92705
5 systems
in the amount of
$81,402.75
P ~ADMIN~2004 ADMIN\C04_1103_A_Machine Vision Detection System.doc
October 2! 2004 1:06PM
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004 I ITEM:
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
October 26, 2004
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
Community Development Block Grant (CDBG) Action Plan Amendment No. 11 (FY 01/02),
Amendment No. 13 (FY0203), and Amendment No. I (FY 04/05) and Transfer of CDBG
Funds from the Economic and Community Development Operating Budget to the Capital
Improvement Budget for Acquisition Demolition Activities 0Nards 1, 2, 3)
1)
Trans,'er $260,000 of Uncommitted Community Development Block Grant Funds to the
Economic and Community Development Capital Improvement Budget for a Handicap
Access Ramp and Acquisition/Demolition Activities for Economic Development.
2)
Transfer $200,000 Section 108 Funds from the Economic and Community Development
Operating Budget to the Capital Improvement Budget within the CDBG Fund for the
completion of the MLK Pool Rehab. Proje..
3)
Transfer $100,990 Communib/Development Block Grant funds from the Economic and
Community Development Operating Budget to the Capital Improvement Budget for
Acquisition/Demolition Activities for Economic Development.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to reprogram CDBG and HOME Investment
Partnership Program funds from completed or cancel!ed projects. In compliance with HUD regulations,
any significant change or addition to the approved CDBG or HOME annual plan must undergo an
amendment process which includes obtaining citizen views and comments on the proposed change for a
period of 30 days. The notice was published on October 1, 2004 and to date no comments have been
received.
A summary of this amendment include the following program or project changes. These items will have
no budgetary impact: CDBG - (1) ca',ce! two under-funded street light projects and consolidate them with
another SE street light project resulting in an increase to the "Southeast Bakersfield Street Light Project'
by $39,621 for a revised total of $81,621; (2) transfer $200,000 of Section 108 funds currently budgeted in
~he operating budget earmarked for a Training Facility in SE to the MLK Pool Rehab/Spray Park public
facility within the CIP Budget. Due to the Section 108 funding source, this action a;so requires HUD
S:~Adrnins\City Cour~ciP,acdon plan amendment 1 I-3~34 doc
10/2612004 1041 AM
ADMINISTRATIVE REPORT Page 2
written approval; (3) a budget transfer of $100,990 is necessary to move acquisition/demolition funds into
the correct account for the FY 04-05 Action Plan.
In the HOME program, a transfer of $100,000 from a cancelled project - Marantha Housing Construction
into the project - Multi-family New Construction to provide funds needed for the planned "N" Street, multi-
family housing project.
Below is a table of the actions described above that have no bud¢ )act:
Cancel Projects: Casa Loma #6 Street Light ($23,380)
.Budget Transfer Only Project - FY 01/02
Union Avenue St. Light Proj ($16,241) SE Street Light Imp. $39,621
- FY 01/02
Budget Transfer Only from Southeast Bakersfield Career ($200,000) MLK Jr. Swimming $200,000
Opertaing to CIP - Sec. 108 Counseling/Training Facility Pool Rehab. Proj.
Change in project description Acq./Demo FY02-03 ($201,918) 14m Street Aquatic $201,918
o~' how funds used per HUD Center Project
Re~lulations
Budget Transfer Only from Acquisition/Demoliticn FY ($100,990) Acquisition/Demolition $100,990
Operating to CIP (Change to 04-05 (Operating Fund) FY 04-05 (CIP Fund)
denote the correct FUND)
Cancet Project and reallocate Southeast Bakersfield Infitl ($100,000) New Construction $100,000
to another existing project Housing Project - Marantha Assistance - "N" Street
Budget Transfedproject Corp. HOME Funds Housing Proj.
change only
There are two additional items included in this amendment that require a budget appropriation action. The
funds available for these two proposed activities are from remaining funds identified from various closed
out projects and from the receipt of payments from CDBG loans which have recently matured. $10,000 is
proposed for the 34m Street Partnership Community Handicapped Access Ramp and funds in the amount
of $250,000 is proposed for acquisition of the final four parcels required for the Baker Street Mixed Use
project and to provide demolition funds to clear all of property acquired for this project.
Below is a table of the actions described above requiring budgetary action:
Appropriate / 34m Street Partnership Community Cir. I$1000o I
! Facility Handicapped Access Ramp I I
Appropria'.:; ~ Acq.,DemoProgram for ED Activities I $250,000 I
S:~,drnins\C~/Counci~actio~ plan amendment 11-3-C,4
10/26/2004 ~0:41 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
TEM: it, ~'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
/~A~/~ ROVE D
DE PARTM E NTH ~.~?"%/~
CITY ATTOR~/
SUBJECT: General Plan Amendment No. 03-0368 (Ward 4)
Castle & Cooke California, Inc., is requesting and amendment of the Circulation Element to delete
Renfro Road as an arterial from Culiacan Avenue to Ming Avenue. The request also includes the
redesignation of Renfro Road as a collector from Stockdale Highway to Culiacan Avenue, deletion
of an unnamed collector west of Renfro Road south of Stockdale and adding a new north/south
collector on the south side of Stockdale Highway, west of Renfro Road. City staff is also
recommending the deletion of a Class 2 Bike Lane designation in conjunction with the Renfro Road
amendment.
Resolution approving the Negative Declaration and approving the General Plan
Amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the
Circulation Element of the Metropolitan Bakersfield General Plan deleting a segment of
Renfro Road as an arterial street, redesignating a portion of it as a collector, changing
the collector road system south of Stockdale Highway and west of Rc. nfro Road and
amending the Bike Lane plan.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and approving the
general plan amendment.
BACKGROUND:
Castle & Cooke California, Inc. is proposing four changes to the Circulation Element and in the
Renfro Road/Stockdale Highway area and City staff is recommendin9 a fifth as described
below:
1)
Deleting the East-West Collector at the mid-section line of Section 3, T.30S., R.26E., located
parallel to and south of Stockdale Highway, for a distance of one half mile west of Renfro Road;
2) Adding a Nodh-South Collector (660 feet in length) on the south side of Stockdale Highway,
approximately 990 feet east of the mid-section line of Section 3, T.30S., R.26E.;
ADMINISTRATIVE REPORT Page2
3)
4)
5)
Amending Renfro Road from an Arterial to a Collector from Stockdale Highway to Culiacan
Avenue;
Deleting the Renfro Road Arterial designation from Culiacan Avenue to Ming Avenue;
Removing the Class 2 Bike Lane designation along Renfro Road, from Culiacan Avenue to Ming
Avenue, consistent with the circulation amendment.
Castle & Cooke California, Inc. has indicated that the cimulation designations proposed for
deletion are no longer necessary because of the realigned West Beltway (see Exhibit 3). The
West Beltway was realigned on February 25, 2004. The purpose of the proposed Collector on
the south side of Stockdale Highway, west of Renfro Road, is to provide adequate distribution of
traffic for future development in the area. A traffic analysis was prepared for the proposed
deletion of Renfro Road from Culiacan Avenue to Ming Avenue. The report concluded that the
deletion would not significantly impact the remaining roadway segments in the general area.
No one spoke for or against the amendment and the Planning Commission recommends
approval of it as recommended by slaff.
WC
Admin\l 1-3-0368
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
TEM: [I, b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
APPROVED
DEPARTMENTHEAO~~
C~TYATTORNEY ~
CITY MANAGER ~
SUBJECT: General Plan Amendment No. 04-0821 (Annexation pending)
Porter-Robedson Engineering has proposed a general plan amendment on approximately 20
acres generally located along the south side of McKee Road approximately one-half mile west
of State Route-99 and approximately one-fourth mile east of Wible Road.
Resolution approving the Negative Declaration and adopting the General Plan
Amendment and changing the land use designations from HMR (High Medium Density
Residential) to LMR (Low Medium Density Residential) on approximately 20 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and adopting the
general plan amendment.
BACKGROUND:
Applicant is proposing single-family dwellings on the subject site. With the existing R-2 zoning and
the proposed LMR land use designation, single-family dwellings on lots of 4,500 square feet or
greater could be constructed on the site. The application states the reason for the LMR
designation is to construct a small lot single-family lot subdivision will be submitted. The
application shows that approximately 85 single-family dwellings will be constructed on the subject
site.
The Planning Commission conducted public hearings on this General Plan Amendment 04-0821
and recommended City Council approval on September 23, 2004. No significant issues were
raised by the public or any affected public agency at the public hearings held by the Planning
Commission. Staff recommended for this amendment.
Red
Admin'~l 1-3-082 1
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
TEM: (. ~,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
DEPARTMENTH~~P/~PPROVED
CITY ATTORN¢ ~'"~;--
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Change 04-0876 (Ward 7)
GVA Development Corporation has proposed a general plan amendment on 18 acres and a zone
change on approximately 20 acres located along the north side of Hosking Road approximately
500 feet east of Monitor Street.
Resolution approving the Mitigated Negative Declaration and adopting the general plan
amendment changing the land use element from LR (Low Density Residential) to HMR
(High Medium Density Residential).
Firsl reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-30 from R-1 (One-Family Dwelling) to PUD
(Planned Unit Development).
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negailve Declaraiion, adopting the general
plan amendment and first reading of the ordinance.
BACKGROUND:
The applicant is requesting 332 multiple-family dwellings and one on-site management unit/office
on the 20 acre subject site for a total of 333 units. Subdivision of the site is proposed at a later
date. The subdivision will divide the site into 84 lots (one common lot and 83 multiple-family lots).
The 333 equates to 4.25 lots per gross acre, four dwelling units per lot and 16.85 units per gross
acre. The proposed density of 16.85 units per gross acre is less than the maximum density of
17.42 units per acre allowed by the HMR designation. Each unit will have three bedrooms.
The entire project is gated for security purposes and there is open space provided than is required
by ordinance. The project has a common lot containing recreational facilities, private driveways,
parking, landscaping, an on-site manager's resident and office and a property owner's association.
No proposed tract is proposed at this time.
The Planning Commission conducted public hearings on the General Plan Amendment/Zone
Change 04-0876 and recommended City Council approval on September 16, 2004. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission. Staff recommended approval of this amendment.
Red\pjt\admin\l 1-3-03-0876
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
ITEM: I[.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Se~ices - Planning
October 26, 2004
..~~;tOVED
DEPARTMENT HI~.~./~
CITY ATTORN¢ ~x',~
CITY MANAGER ~
General Plan Amendment No. 04-0878 (Ward 3)
Mountain View Bravo, LLC (c/o Pinnacle Engineering) is requesting circulation and bikeway
amendments to the City in the Hills Circulation plan.
Resolution adopting the Negative Declaration and the General Plan Amendment of the
Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, of the
Metropolitan Bakersfield General Plan to reconfigure the planned arterials and
collectors for City in the Hills.
RECOMMENDATION:
Staff recommends adopting the resolution approving the Negative Declaration and adopting the
general plan amendment.
BACKGROUND:
Mountain View Bravo, LLC (c/o Pinnacle Engineering) is proposing six separate elements to
amend the Comprehensive Circulation Map, Bikeway Master Plan, and Specific Parks and
Trails Plan for Northeast Bakersfield for the City in the Hills project site, as described below:
1)
Deleting the Collector designation in the north half of Section 17, T.29S., R.29E.,
M.D.B.&M, between Paladino Drive and Panorama Drive;
2)
Extending the Arterial designation for Vineland Road from Highway 178 to Panorama
Drive;
Changing the alignment of the Collector designation in the south half of Section 7, T.29S.,
R.29E., M.D.B.&M;
4) Deleting the Class 2 Bike Lane designation in the north half of Section 17, T.29S., R.29E,
MDB&M, between Paladino Drive and Panorama Drive:
ADMINISTRATIVE REPORT Page 2
5)
Designating a Class 2 Bike Lane along the alignment of Vineland from Highway 178 to
Pa]adino Drive, and
6)
Changing the alignment of the Class 2 Bike Lane in the south half of Section 17, T.29S.,
R.29E., M.D.B.&M., to follow the alignment of the amended Collector.
Removing the Collector designation in the north half of Section 17 will allow the applicant to
propose a planned unit development for that portion of the City in the Hills project site (see Exhibit
3). The deletion of the Collector will require Vineland Road to be designated as an Arterial from
Highway 178 to Panorama Drive (see Exhibit 1). It will also require the Collector in the south half
of Section 17 to be realigned to connect with Vineland Road. The proposed circulation
amendments also require corresponding bikeway designations, under the Bikeway M,~sIsr P;an of
the Circulation Element and Specific Parks and Trails Plan for Northeast Bakersfield, to be
amended as well (see Exhibit 2). The proposed designation of an Arterial along the alignment of
Vineland Road from Highway 178 to Panorama Drive would provide an arterial and freeway
interchange equidistant from the arterials of Morning Drive and Masterson Street that would
reduce the length of vehicular trips for future development in the area.
No issues were raised in the Planning Commission's public hearing and staff recommended
approval of the amendment.
wc
Adrnin~l 1-3-0878
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
DEPARTMENT HE~/A,PPROVED
CITY ATTORNEY'~/
CITY MANAGER ~
General Plan AmendmentJZone Change 04-0879 (Ward 6).
Wayne Deifel, DELMATER AND DEIFEL, on behalf of THREE GILLS INC., has proposed a general
plan amendment and a zon~ change on 15 acres, located at the southeast corner of McKee Road and
StJ,ne Roe ..
Resolution approving the Negative Declaration and adopting the General Plan Amendment to
change land use designation from SR (Suburban Residential) to GC (General Commercial).
First reading of the Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-35 from A (Agriculture) to C-2 (Regional Commercial)
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
Genera! p!an amendment and give first reading to the Ordinance,
3ACKGROUND:
This amendment would permit the development of commercial uses on site. The Planning
Commission conducted public hearing(s) on this General Plan AmendmentJZone Change and
recommended City Council approval on September 23, 2004. No one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project. Staff recommends
approval.
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 August
13, 2004, in accordance with CEQA.
MO:Pit
Admin\l 1-3-0879
ADMINISTRATIVE REPORT
MEETING DATE: November 3. 2004
JAGENDA SECTION: Hearings
ITEM: ~{..~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
APPRqVED
DEPARTMENTHEA~?,,
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment 04-0998 (Ward 4)
SmithTech/USA Inc., on behalf of Michel Etcheverry, has proposed a general plan amendment on
approximately 0.75 acres, located generally north of Snow Road, generally west of Calloway Orive
and east of the Friant-Kern Canal.
Resolution approving the Negative Declaration and adopting the General Plan Amendment to
change land use designation from R-IA (Resourceqntensive Agriculture) to SR (Suburban
Residential) on approximately 0.75 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, adopting the
general plan amendment.
BACKGROUND:
This amendment would permit the development of single family residential units on the site. The
Planning Commission conducted public hearing(s) on this General Plan Amendment and
recommended City Council approval on September 23, 2004. No one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project. Staff
recommended for the amendment.
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 August
13, 2004, in accordance with CEQA,
MO
Admin/11-3-0998
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
ITEM: 1~.~'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
./.~--) 7ROVED
D E PARTM EN T H F~__~//~z..
CITY ATTORNEJf
CITY MANAGER
SUBJECT: General Plan Amendment/Specific Plan Line No. 04-1037 (Ward 3)
The City of Bakersfield is proposing circulation and bikeway amendments and a specific plan
line to establish a planned interchange at Morning Drive and Highway 178 The specific plan
line identifies the right-of-way needed for the realignments and interchange.
Resolution adopting the Negative Declaration and approving the General Plan
Amendment of the Circulation Element and Specific Parks and Trails Plan for Northeast
Bakersfield of the Metropolitan Bakersfield General Plan and adopting the Specific Plan
Line, pursuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the
realigned segments of Morning Drive and Auburn Street and planned r!ght-of-way for an
interchange at Morning Drive and Highway 178.
RECOMMENDATION:
Staff recommends adopting the Negative Declaration a'~d approving the general plan amendment
and specific plan line.
BACKGROUND:
The City of Bakersfield is proposing to amend the Comprehensive Circulation Map, Bikeway
Master Plan, and Specific Parks and Trails Plan for Northeast Bakersfield to realign Morning Drive
at Highway 178. The purpose of the realignment is to establish an interchange at Morning Drive
and Highway 178. Auburn Street at Morning Drive is also proposed for realignment to facilitate the
interchange. The City of Bakersfield staff is proposing a Specific Plan Line, pursuant to Chapter
17.55 of the City of Bakersfield Municipal Code, to identify the right-of-way needed for the
realignments and interchange. The proposed realignments and planned right-of-way meet att of
Caltrans' standards for constructing the interchange.
No one testified for or against this matter during the Planning Commission's hearing and the
Planning Commission recommends adoption of this change
WC\admin",l 1-3-1037
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION:
ITEM: ~t. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 25, 2004
/,~/A_.PPROVED
DEPARTMENT I'~EA~.
CITY ATTO~'~
Resolution Adopting Fees Pursuant to the Cost Recovery Program
RECOMMENDATION: Staff recommends adoption of the resolution
BACKGROUND:
State law requires new fees and charges, as well as increases in existing fees and charges, be adopted
by ordinance or resolution following a public hearing. The city's procedure is provided for in Chapter 3.70
of the Bakersfield Municipal Code. The City's biennial review process includes a thorough review of all
fees every two years to check assumptions for labor costs, material usage, etc. Staff last performed a
review of all fees for calendar year 2002.
More recently, the Planning Division has reviewed development fees and is proposing fee adjustments to
address costs that are not being recovered by the current application fees. Planning staff met with the
Building Industry Association in September and the Executive Committee reviewed the proposal to
increase fees and to add six new cost centers.
Coupied with this review, the Planning Division has also been experiencing a dramatic shift in demands
and increased case loads. As a result, on October 6, 2004, the City Council took action to approve an
additional Associate Planner in the Planning Division based on the proposed fees being adopted
Listed below is a brief summary of the changes proposed. City staff is recommending the proposed
changes to Master Fee Schedule as presented on Exhibit "B" be adopted by resolution.
Existing Fees:
General fund expenditures for the adopted city budget are 14% greater than the previous fiscal year. As
reported in the budget transmittal letter, this is primarily due to increases in the PERS rate, workers
compensation and general inflationary cost increases. The impact on the budget for the Planning Divisio
is approximately an 8% higher cost Historically, over the last 3 years, related increases have averaged
5% while fee increases have been held to the consumer price index of 1.8% This has caused the fees t,
fail behind the cost of service. In an effort to bridge the gap, fee adjus~menls of generally 15% are being
proposed to bring existing fees in line with the costs to deliver services.
ADMINISTRATIVE REPORT Page
Proposed New Fees:
The service center concept attempted to collect all aspects of development planning permit services cost,,
for recovery in one fee. That fee would then be applied to all projects of the same type. The original
service centers include costs for environmental review, public notices, completeness reviews, staff
analysis, etc. Some of the components of a planning case have evolved to a point where separate cost
centers are needed. They are as follows:
Environmental Review - $255.
Environmental review for preparation of negative declarations has become more involved than when the
cost recovery program was first developed. The environmental review process for negative declarations
has become more complex. The review now includes the review of several technical reports such as air
quality, archaeological and agricultural land conversion studies. This fee proposes a separate charge of
$255 for the preparation of negative declaration environmental review to recover the un-reimbursed cost,
performing environmental reviews.
Public Hearing Notice Requirements - $285.
Advertisements, mass mailings, and required notices for hearings are costing about $285 each on the
average. This is an existing fee that is currently being applied as an add on to the standard fee for site
pla'~ reviews, PCD/PUD overlay reviews and street naming to recover public hearing notice costs.
However, in other cases it has been included in the base fee that currently doesn't fully recover service
costs. A portion of the proposed fee goes directly to the media to cover the cost of publishing public
notices.
Completeness Review - $130.
Significant staff time is lost processing incomplete applications. The application fee doesn't include time
spent reviewing cases that are incomplete, sending out comment letters and reviewing second submittal~
that are often incomplete The processing time is similar in scope to that for administrative approvals.
Therefore, it is proposed that a fee of $130 be charged for each subsequent resubmittal and review of
ap,clications that were deemed incomplete. Last year at least 1/3 of the subdivision cases submitted wet
incomplete. That was about 36 cases It is estimated that half of all cases submitted are incomplete.
Substantial Conformity Review - $110.
Significant siaff time is spent reviewing final maps for conformity with tentative tract approval by the
Planning Commission. There has never been a fee to recover the cost. This process is different than th,
map ~mprovement plan review conducted by Public Works. The Government Code and City Ordinance
requires final maps to be signed by the Planning Director certifying that the final map is in substantial
compliance with the tentative map. The process involves review of conditions of approval, street and lot
layOUtr street names and other requirements that must be met in order for the map to be approved for
recording. It is estimated that 93 cases were processed last year.
Request for Continuance - $105,
Continuance requests made by applicants are usually flied after completion of staff reports. In a few
cases it is during the preparation of the staff report. In any case, they delay the staff analysis process a
require preparation for at least two Planning Commission meetings and may require additional case
analysis, documentation and public notice. Last year there were 41 requests for continuances.
Fee RewewlPLNG CRA WewPtnglNov 2004 Fee Admm doc
ADMINISTRATIVE REPORT Page
Environmental Review Filing Fee - $25.
The County of Kern has begun charging for notices to be posted at County Clerk's Office and as a result
is necessary to recover these costs from the applicant.
Deleted Fees:
Several of the development fees reflected a two tiered fee. Planning's proposal reflects deleting or
consolidating these fees into one fee in order to simplify the fee structure.
2004 Cost Recovery Proflram Update:
Exhibit "A" Proposed Master Fee Schedule for 2004: The attached schedule is a comprehensive list,
all fees authorized under the cost recovery program.
Exhibit "B" Proposed Master Fee Schedule for 2004 - Proposed Changes Only: The attached
schedule is a complete list of those services that staff is proposing to
add, change or delete.
P ~Annual Fee ReviewtPLNG CRAWewPlngWov 2004 Fee Admindoc
MAD
MEETING DATE: November 3, 2004
ADMINISTRATIVE REPORT
! AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
/.~J~p RJ~'VE D
DEPARTMENT HEA~________~/?
C, A ORNE¥ /
CITY MANAGE.
General Plan AmendmentJZone Chanqe 04-0814, appealed (Ward 4)
Poder-Robertson Engineering, on behalf of McMillin Homes, has appealed the Planning
Commission's decision denying their proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road between Shane Street and Homestead
Way.
1. Resolution approving the Negative Declaration and denying the requested general plan
amendment from RR (Rural Residential) to LR (Low Density Residential) on 18.2 acres.
Resolution upholding the Planning Commission decision approving the Negative Declaration
and denying the amendment for Title 17 of the Municipal Code and Zoning Map 101-01 and the
zone change from RS 2-1/2 (Residential Suburban 2-1/2 minimum lot size) to R-1 (One Family
Dwelling) on 18.2 acres.
RECOMMENDATION:
Staff recommends adoption of resolution appr?',ing the negative declaration, upholding
Planning Commission's recommendation denying :, e appeal.
BACKGROUND:
City Council continued this case from October 20, 2004 at the request of the appellant until the
November 3, 2004 meeting to provide time for the ale',eloper and neighbors to meet and resolve
their issues.
The primary issue is a proposal to rezone for 6,000 square foot lots within a dis~ricl of existing large
lots (2-1/'2 acres) and zoned for large animals. The area along the north side of Snow Road was
developed years agc '~a-,m~a ' /
.... 80 s, and was until recently located a considerable distance from
urbanized Bakersfield.
Many of the e×:~.~cg homeowners spoke at the Planning Comm;s:~ion's public hearing and raised
the basic complaint that having a highly urbanized development within a rural-type residential
development would lead to inevitable land use conflict.
~ ne P,anmng Commiss!cn recomm, ends denial of the change
ADMINISTRATIVE REPORT
Page 2
A question concerning relevance of CC&R's was referred to the City Attorney for response by
separate memo.
The Planning Commission agreed that the project applicant needed to address the stated
concerns. The applicant offered no buffers, changes of lot size, size restrictions or building
setbacks to mitigate the concerns stated by both the Commission and general public.
The Planning Commission denied the request by a unanimous vote. The applicant appealed the
Commission's decision on September 23, 2004.
MG/RED
Admin\nov\l 1-3-0814
ADMINISTRATIVE REPORT
MEETING DATE: October 20, 2004
AGENDA SECTION: Hearings
TEM: ~.10,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 26, 2004
AP, PROVED
DEPARTMENT H~/~
CITY ATTORNE~
CITY MANAGER
SUBJECT: General Plan Amendment'Zone Chanqe 03-1169 appealed (Ward 6)
Castle & Cooke has appealed the Planning Commission's denial of their proposal of a general plan
amendment and zone change on 20 acres located at the northeast corner o[Ashe Road and Panama
Lane. Applicant requested the general plan amendment to LMR (Low Medium Density Residential);
Planning Commission approved the general plan amendment to HMR (High Medium Density
Residential).
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from HR (High Density Residential) and GC (General
Commercial) to HMR (High Medium Density Residential) on 11.86 acres and from GC
~Generai Commercial) to HMR (High Medium Density Residential) on 8.22 acres.
First reading of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-22 from R-3 (Limited Multiple-Family Dwelling)
and C-2 (Regional Commercial) to R-2 on 8.82 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision,
approving the negative declaration, give first reading to ordinance and deny the appeal.
BACKGROUND:
City Council continued this case from October 20, 2004 at the appellant's request until the
November 3. 2004 meeting
The Planning Commission conducted public hearings on this General Plan AmendmentJZone
Change 03-1169 and recommended City Council d:,sapproval of the applicant's request for LMR
(Low Medium Density Residential) on September 16, 2004. Instead, the Commission
recommended a General Plan Amendment from HR (High Density Residential) to HMR (High
Medium Der:sity Residential) with R-2 zoning on 11.86 acres and from GC (General Commercial)
to HMR (High Medium Density Residential) with R-2 zoning on 8.82 acres as recommended by
staff. No one from t~e neighborhood spoke in opposition or in favor.
ADMINISTRATIVE REPORT
Page 2
The approval of the Commission recommendation preserves this last site for construction of multi-
family residential development in the Silver Creek neighborhood. The applicant requested LMR
(Low Medium Density Residential) which permits the option of small lot subdivisions. The Planning
Commission denied that request and recommended HMR (High Medium Density Residential) with
a condition that the density not be less than ten units per acre. This assures that some area within
this neighborhood will be built out with multi-family residential development.
The applicant did not concur with the Commission's recommendation and flied an appeal to the
City Council on September 23, 2004. Applicant states that the Commission condition requiring a
minimum of ten dwelling units per acre is inconsistent with R~2 zoning. The HMR (High Medium
Density Residential) provides for a density range of >7.26 and <17.42 dwelling units per net acre
while the R-2 zoning district allows multiple-family dwelling units at a maximum density of 17.42
units per net acre. The Commission' s intent, in recommending the minimum of ten dwelling units
per net acre, is the development of multiple-family dwellings and not one-family dwellings with
4.500 square foot lots as the applicant addresses in the appeal letter.
It is a goal of the Housing Element of the Metropolitan Bakersfield General Plan to provide a
variety of housing products. Silver Creek has substantial number of single-family dwelling on less
than 6,000 square feet Iots. This is the last of the vacant land available for multi-family residential
within the Silver Creek development. It important that there be some variety of housing types
within this neighborhood.
Siting of multi-family housing is difficult in single family neighborhoods. This site is especially
suitable for such development because it is bordered by a canal, storm detention basin, arterial
street and commercial site.
MG/RED
Admin\nov\l 1-3-1169
ADMINISTRATIVE REPORT
MEETING DATE: November 3, 2004
AGENDA SECTION: Hearings
TEM:
TO:
FRCM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Deve!c,oment Services - Planning
October 27, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment/Zone Chanqe No, 04~0885, appealed (VVard 4)
Mclntosh & Associates, on behalf of Basil Zuniga, Lucas Dobrzanski, and Castle & Cooke
California Inc., has appealed the Ptanning Commission's decision to deny the proposal by Castle
& Cooke California, Inc to eliminate two conditions approved for General Plan Amendment/Zone
Change No. 03-0745 that require a peqestrian bridge over the Kern River Canal and improved
pedestrian path and access easemem from Loughton Avenue to Stockdate Highway.
Resolution upholding the decision of the Planning Commission, denying the appeal,
aoprovngtheNe ~' ,~ - ~ - "~
, gaL~v~ D~ a,a~ ~.,~, and denying the General Plan Amendment to eliminate
Condition Nos. B1. and B.2. of Exhibit B in Resolution No. 207-03,
2
First Reading of Ordinance denying the appeal, approving the Negative Declaration, and
denying the request to eliminate Condition Nos. B,1, and B.2. of Exhibit C in Ordinance No.
4165.
RECOMMENDATION:
Staff recommends keeping the requirement for the pedestrian bridge and other improvements,
adoption of the resolution and first readin9 of the ordinance.
BACKGROUND:
The purpose of the proposal is to remove two conditions that require construction of a pedestriar'
bridge over the Kern River Canal and improved pedestrian path and access easement from
Loughton Avenue to S,~ockdale Highway (see ExhibiI 1 & Exhibit 2,t. On September 23, 2004, the
Planning Commission denied the prcposal. The Planning Commission determined the'. most of the
issues raised in support for eliminating the conditions could be resolved through an adequate
design of the pedestrian access. The conditions have been required for the property located at the
southeast corner of Stockdale Highway and Buena Vista Road since 1990 When the property was
designated and zoned for Office Commercial development in 2003, the conditions were
included with project approval The conditions require the pedestrian bridge and improvec
pedestrian access from Lougi~ton Avenue to Stockdaie Highway, to be constructed only when the
propeC, y at the southeast corner Stockda!e Highway an,~ Buena Vista Road is developed C~st!e
Cooke Ca!ifornia lnc has proposed a pre;~minary alignment for the access on the west side of the
Nern River Canal (see Exhibit 3) The conditions howe,,z' do not reaulre a specified alignmen:
ADMINISTRATIVE REPORT
Page 2
The intent of the conditions is to provide the developer the greatest flexibility in designing the
access as an integrated part of the design to finish out development in the area. Only the east
access easement, from Loughton Avenue to the eastern edge of the Kern River Canal property, has
been established, The easement was created through Tract No. 5426 (see Exhibit 4).
The Police Department raises these issues about the footbridge linkage across the canal:
· Children on foot or on bicycles from the adjoining neighborhood may access Stockdale
Highway and will likely cross the busy highway, at locations other than controlled
intersections, ~o access the proposed retail site on the north side of Stockdale Highway.
· Teens and young adults may seize the opportunity to vandalize the 410 foot secluded
footbridge and its fence with graffiti. This would also mean they have access to
neighborhood walls to do the same.
· Since the proposed footbridge spans the Kern River Canal, it could be used as a diving
platform.
Unless appropriately lighted the proposed footbridge poses a nighttime hazard which could
include robbery, sexual assault and drug use. If appropriately lighted, the lights would likely
create complaints from the adjacent neighborhood.
· The footbridge would pose a significant problem for law enforcement.
The Water Resource Department listed the following concerns:
Maintain access for City personnel who drive this canal bank several times a day and night
for the normal operation and maintenance of the canal.
Vehicle and heavy equipment access to and a!o"g the canal embankmen! and storm water
drainage basin adjacent to the canal. Type of heavy equipment may include cement trucks
graders, excavators and'or e hydro-crane.
· High pressure pipeline easement along the south canal bank.
· Potential liability and mafntenance of the bridge.
Some residents of the neighborhood objected to cons!ruction of the pedestrian crossing.
· The bridge would not be used by' the residents.
· ~,nhdren using it wou!d ~',: tempted ~o cross Stock ..... Highway without usinq crossings a~
signals to get to the shopping center and park '
The original purpose of the b¢-idge ,','as ,:o pro,, ,..~ access to the schooi from the former!),
zoned multi-family area o~ lhe
o~ne, sat ~, ,ne canal. It is no longer needed for that
purpose
ADMINISTRATIVE REPORT
Page 3
Staff believes that the issues raised by the Police Department (Exhibit 5), Water Resources
Department (Exhibit 6), and adjacent homeowners can be resolved through an adequate design of
the pedestrian access. Several bicycle and pedestrian bridges have been in existence across this
canal for years. This neighborhood is served by two vehicle/pedestrian bridge crossings of the
Buena Vista Canal along its eastern edge. When the multi-family property was rezoned to Office-
Commercial, the bridge requirement was retained to serve as linkage between the Office-
Commercial, Retail and Open Space. Construction of the bridge and path would enhance
pedestrian connectivity to the future offices, commercial center and open space area. For example~
using the intersection of Faversham Way and Loughton Avenue as a starting point, a person
walking or using a wheelchair would go 1.2 miles to reach a midpoint along Stockdale Highway in
front of the future commercial development via the Howell Drive exit from the neighborhood. If a
person were to go by way of the Dear Park exit to Buena Vista Road to the same midpoint, the
distance would be 1.4 miles. With the bridge and pathway in place, from start to midpoint would be
0.22 mile.
The appeal to the Planning Commission's denial of the proposal is provided in Exhibit 7.
Correspondence received after the Planning Commission meeting is provided in Exhibit 8.
At the conclusion of its hearing, the Planning Commission recommended denial of the amendment.
Staff also recommended denial.
WC
Admin\l 1-3-0885
ADMINISTRATIVE REPORT
IMEETING DATE: November 3, 2004
IAGENDA SECTION: New Business
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council .APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
October 21, 2004 CITY ATrORNEY ~/~---~..-~
CITY MANAGER /?,'~ /
An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Co~e Relati~ng to
Fireworks (First Reading)
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of the Ordinance.
BACKGROUND:
At its meeting of October 18, 2004, the Legislative and Litigation Committee reviewed staff
presentations on proposals to modify the City's existing fireworks ordinance. This issue had been
referred to Committee in January for review of the lottery drawing and then back to Committee for
further review in April. Both staff comments and community input were received in the Committee's
discussions on the issue. The major changes being proposed by the Committee include:
During the 2005 season:
a) Eliminate duplicate applications. Currently organizational subunits within a local non-profit can
s~, ..... ~ more than one application thereby increasing the chance of some unit in that non-profit being
selected in the lottery.
b) Place additional emphasis on contributions to the community in addition to non-profit status.
This condition will add contributions to the community as a condition for application thereby eliminating
any organization which does not provide direct community service within the City of Bakersfield.
c) Eliminate the automatic allowance for County permits annexed into the City. This was originally
intended to not disadvantage County permit holders if annexed to the City; this has not been an issue
for some time and does not affect any current standing.
d) Require permit holders to provide educational fire safety information authorized by the Fire
Depa,'-tment with full cost recovery borne by the permit holder. This is a new requirement, which the
Committee felt was important to the health and safety of the community due to recent incidents
,, ,¢o,~,,g the misuse of fireworks in the City Of Bakersfield.
e) Ban Piccolo Pete and ground flower type fireworks. This bans these specific types of fireworks
from sale in the City of Bakersfield as they are often associated with conversion to illegal fireworks and
are common causes c,~ ffres.
f) Change to a two-year fireworks permit cycle. Currently, there is an annual application cycle for
fireworks permits. This changes that cycle to a two-year period so that the lottery portion will occur
~c~ober 22, 2004, !39PM
P:\L&L~dmin Reports\.AOM04-11-03-l-FireworksOrdinanceChanges.doc
ADMINISTRATIVE REPORT
every two years, providing stability for the organizations receiving the fireworks permit in the first year.
Organizations will have to meet all conditions for each year in which they have been selected for the
permit to be issued.
Beginning the 2007 season:
g) Eliminate all grandfathered permits. Currently there are 39 grandfathered permits (those
annually allowed a fireworks permit without going through the lottery process). In this group, there are
36 non-profit and three for profit organizations, who held fireworks permits in 1994 and continuously
since then). Eliminating all for-profit and non-profit grandfathered permits removes the inequity of
allowing a select group of organizations a guaranteed permit while others must go through the lottery
process.
Separately from changes within the FireWOrks Ordinance, the Committee recommends adding to the
Fire Code procedures for administrative enforcement. The Committee also recommends that the
issues of cost recovery of staffing costs for 2005 be sent to Budget and Finance Committee.
October 22, 2004, 1:39PM
P:\L&L~,dmin Reports~ADM04.11-03-1-F'ireworksOrdinanceChanges.doc
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
OCTOBER 20, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent: None.
Motion by Vice-Mayor Couch to add item 3. co Closed Session to
the agenda concerning North Kern Water Storage District v. Kern
Delta Water District, an item that arose after the agenda was
posted, requiring immediate action.
APPROVED
2. REPORTS/WORKSHOP
a. City Trees Conflicting with Electrical Powerlines.
Alan Christensen, Interim Recreation and Parks Director,
Urban Forrester Paul Graham and Bob Bell, Vegetation
Program Manager for PG&E, made a presentation and
provided handouts.
Councilmember Benham requested staff coordinate site plan
review with Recreation and Parks to achieve improved
placement of trees.
Councilmember Maggard requested staff provide a memo
regarding the size of trees used in replacement planting.
Bakersfield, California October 20, 2004 - Page 2
REPORTS/WORKSHOP continued
b. Discussion and/or Action Regarding Proposition lA.
Trudy Slater, Administrative Analyst, gave a presentation due
to the absence of Catherine Medina, League of California
Cities Representative.
Vice-Mayor Couch recognized State Senator Dean Florez
who spoke regarding Proposition 65.
Vice-Mayor Couch requested staff provide a memo outlining the
time frame for state capture of funds if Proposition lA becomes
law.
Councilmember Hanson recognized Stuart Gentry who spoke
regarding Proposition 65 and provided written materials.
CLOSED SESSION
Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8; Property: Unimproved
real property, 40 acres + located approximately 1/4 mile east
of Heath Road, % mile west of Renfro Road, on the north side
of Stockdale Highway, APN 408-020-12; Agency Negotiator:
Real Property Manager Donald Anderson; Negotiating
Parties: Ron and Viola Ritter; Under Negotiation: Price and
terms of payment for purchase.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter, KCSC
Case No. S-1500-CV 253303 NFT.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; North Kern Water Storage District v. Kern
Delta Water District.
Motion by Vice-Mayor Couch to adjourn to Closed Session at
6:19 p.m.
Motion by Vice-Mayor Couch to adjourn from Closed Session at
6:47 p.m.
ACTION TAKEN
Bakersfield, California October 20, 2004 - Page 3
RECONVENED MEETING - 6:50 p.m.
4. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Macgard, Sullivan, Salvaggio
Absent: None.
5. INVOCATION by Pastor Dennis Allen, The Oaks Community Church.
PLEDGE OF ALLEGIANCE by Whitney Lusk, 4~h Grade Student at
Beardsley Intermediate School.
7. CLOSED SESSION ACTION
Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8; Property: Unimproved
real property, 40 acres + located approximately 1/4 mile east
of Heath Road, ~ mile west of Renfro Road, on the north side
of Stockdale Highway, APN 408-020-12; Agency Negotiator:
Real Property Manager Donald Anderson; Negotiating
Parties: Ron and Viola Ritter; Under Negotiation: Price and
terms of payment for purchase.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; City of Bakersfield v. City of Shafter, KCSC
Case No. S-1500-CV 253303 NFT.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9; North Kern Water Storage Distdct v. Kern
Delta Water District.
8. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mr. James
Tyson, Fatherhood Program Coordinator for Community
Action Partnership of Kern, proclaiming October, 2004, as
Fatherhood/Male Involvement Month.
Recognition of East Bakersfield High School students for
heroic actions.
Police Chief Rector made a presentation and Councilmember
Macgard presented Certificates of Recognition on behalf of
the Council to Isaac Gasca, Tim Perez, Nick Delgadillo and
Derick Force.
ACTION TAKEN
NO
REPORTABLE
AC~ON
NO
REPORTABLE
AC~ON
NO
REPORTABLE
AC~ON
9. PUBLIC
10.
11.
Bakersfield, California October 20, 2004 - Page 4
STATEMENTS
Kyle Brown, Kern County Bridal Association, spoke regarding
changing the sign Ordinance for special events.
Art Carlock and John Fleming spoke regarding the Hwy. 99
Cruise 'n Show, October 22n~ through 24th.
Mayor Hall recognized the Ridgeview High School class in
attendance at the meeting.
APPOINTMENTS
One appointment to the Keep Bakersfield Beautiful
Committee, due to the resignation of Kevin Burton.
City Clerk McCarthy announced Roger Pelz has withdrawn his
application for appointment.
Motion by Vice-Mayor Couch to appoint Thomas Edmonds to fill
the vacancy on the committee.
CONSENT CALENDAR
Minutes:
Approval of minutes of the September 27, 2004 Joint
City/County Meeting and October 6, 2004 Council Meeting.
Payments:
Approval of department payments from September 24, 2004
to October 7, 2004 in the amount of $5,028,292.33 and self
insurance payments from September 24, 2004 to October 7,
2004 in the amount of $201,020.80.
Resolutions:
Resolution adding territory, Area 5-13 (E. Belle Terrace, S.
Oswell 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 establishing Disability Retirement Procedures for
Safety Members.
ACTION TAKEN
APPROVED
RES 276.04
RES 277-04
11.
Bakersfield, California October 20, 2004 - Page 5
CONSENT CALENDAR continued
e. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Harry A.
Hardy for Tract 5944 Unit 5 located south of McKee
Road and west of Akers Road.
Final Map and Improvement Agreement with GMAC
Model Home Finance and Lennar Homes of
California, Inc. for Tract 6156 Unit 3 located south of
Pacheco Road and west of Mountain Vista Road.
Final Maps and Improvement Agreements with GMAC
Model Home Finance, Inc. and Lennar Homes of
California, Inc. for Tract 6184 Units 1 and 2 located
east of Jewetta Avenue and north of Olive Drive.
Final Maps and Improvement Agreements with Castle
& Cooke California Inc for Tract 6250 Units 1 and 2
located north of Stockdale Highway and westerly of
Jewetta Avenue.
Improvement Agreements with Pacheco Business
Properties, LLC for Parcel Map 10981 located north of
Pacheco Road and west of Hughes Lane.
Agreement with KONE Inc. (not to exceed $80,000.00, three
year term) for maintenance of all elevators at City-owned
facilities.
Agreement with Bethany Services ($61,850.00, Emergency
Shelter Grant (ESG) funds) to support the operating costs
necessary to continue services at the Bakersfield Homeless
Shelter located at 1600 E. Truxtun Avenue.
Agreement with Bakersfield Rescue Mission ($61,850.00,
Emergency Shelter Grant (ESG) funds) to support the
operating costs necessary to continue services at the
Bakersfield Rescue Mission located at 830 Beale Avenue.
Agreement with Alliance Against Family Violence and Sexual
Assault ($15,427.00, Emergency Shelter Grant (ESG) funds)
to support the operating costs necessary to continue services.
ACTION TAKEN
AGR 04.297
AGR 04.298
AGR 04.299
AGR 04,300
AGR 04.301
AGR 04-302
AGR 04.303
AGR 04-304
AGR 04.305
AGR 04.306
AGR 04-307
AGR 04-308
AGR 04-309
AGR 04.310
AGR 04.311
AGR 04-3f2
AGR 04.313
11.
Bakersfield, California October 20, 2004 - Page 6
CONSENT CALENDAR continued
Lease Agreement with the Moore Group, L.P. to lease 150
parking spaces at the 18~h and Eye Street Parking Structure.
Agreement with Mellon Human Resources & Investor
Solutions (not to exceed $60,000.00 annually) for Health Care
Consulting.
Agreement to indemnify LAFCO for the Sphere of Influence
amendment.
Amendment No. 4 to Agreement No. 99-334 with Duane,
Morris & Heckscher ($170,000.00, with a total not to exceed
$420,000.00) for legal services in the matter of North Kern
Water Storage District v Kern Delta Water District, et al.
Amendment No. I to Agreement No. 03-380 with Ruettgers
& Schuler Civil Engineers (increase compensation by
$25,500.00, for a total contract of $299,500.00) for
preparation of plans, specifications and estimates for the
Planz Road Sewer Replacement.
o. Metropolitan Medical Response System (MMRS) Grant:
Accept Federal grant for $400,000.00 for FY04/05
MMRS Continuation Grant.
2. Approve full time, grant funded position.
Amendment No. I to Agreement No. FD04-007 with
The Best Solution, Inc. ($36,000.00) to prepare
directives of FY04/05 MMRS Continuation Grant.
Appropriate $400,000.00 Federal Grant Revenue to
the Fire Department General Fund Operating Budget.
Amendment No. 1 to Agreement No. 01-131 with Northcutt &
Associates (amount not to exceed $96,000.00) for preparation
of a Municipal Services Review.
Bids:
Accept bid to award annual contract to Ben Hargis & Son (not
to exceed budgeted amount of $50,000.00) for hauling and
spreading dried biosolids at the wastewater treatment plants.
ACTION TAKEN
AGR 04-3'14
AGR 04-315
AGR 04-316
AGR 99-334(4)
AGR 03-380(1)
AGR 04-317
AGR 03-13f('1)
AGR 04-318
6
11.
Bakersfield, California October 20, 2004 - Page 7
CONSENT CALENDAR continued
Accept bid to award contract to Universal Coatings, Inc.
($89,169.70) for the Wastewater Treatment Plant No. 3
Digester #1 coating.
Miscellaneous:
Accept contributions of $12,500.00 and $10,000.00 from
California Water Service Co. and Kern County Water Agency
as their share of the costs to fight the designation of the City's
2800 Acre Facility as critical habitat for the Buena Vista Lake
Shrew.
Water Pipeline and Powerline Easements for Kern County
Water Agency wells located within the City's 2800 Acre
Recharge Facility.
Acceptance of 2002-03 Transportation Development Act
Funds Financial Statement.
v. Revised Job Specification for City Treasurer.
Legislative & Litigation Committee Report No. 1-04 regarding
Ad Hoc Downtown Task Force report.
Assessment District and related Public Financing Authority
(PFA) Bond Call:
Appropriate $3,008,200.00 fund balances to operating
budgets within various special assessment funds and
PFA debt service funds to facilitate advance
redemption of Assessment and related PFA bonds.
Motion by Vice-Mayor Couch to approve Consent Calendar items
11.a. through 11.x, with removal of item 11.w. for separate
consideration.
Legislative & Litigation Committee Report No. 1-04 regarding
Ad Hoc Downtown Task Force report.
Motion by Councilmember Benham to approve the Report and
implement the recommendations.
ACTION TAKEN
AGR 04-319
DEED 6158
DEED 6159
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
APPROVED
12.
Bakersfield, California October 20, 2004 - Page 8
CONSENT CALENDAR HEARINGS
Continued Protest Hearing for proposed Assessment District
No. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park
Resolution approving Final Engineer's Report, levying
assessments, ordering improvements, and authorizing
and directing related actions.
General Plan Amendment/Zone Change 04-0439; Pinnacle
Engineering, on behalf of William Gilli, MD (property owner)
has proposed a general plan amendment and zone change
on 39.90 acres, located at 2329 McKee Road.
Resolution approving the Negative Declaration and
adopting the general plan amendment and changing
the land use element 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 123-36 from A (Agriculture) to
R-1 (One Family Dwelling).
General Plan Amendment/Zone Change 04-0871; Marino
Associates, on behalf of King-Gardiner Farms and the Kern
High School District (property owners), has proposed a
general plan amendment and zone change on 141.36 acres
located on both the north and south side of Kratzmeyer Road
on the west side of Allen Road.
ACTION TAKEN
RES 278-04
RES 279-04
FR
Resolution approving the Negative Declaration and
adopting the general plan amendment changing the
land use designation from R-IA (Resource-Intensive
Agriculture) to R-1 (One Family Dwelling) on 80 acres,
from GC (General Commercial) to LMR (Low Medium
Residential) on 1.36 acres and from LR (Low Density
Residential), LMR (Low Medium Residential), and GC
(General Commercial) to PS (Public School) on 60
acres.
Resolution approving the Negative Declaration and
approving the Cancellation of Williamson Act Contract
for the 80 acres north of Kratzmeyer Road.
RES 280-04
RES 281-04
12.
13.
Bakersfield, California October 20, 2004 - Page 9
CONSENT CALENDAR HEARINGS continued
Item 12.c. continued
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map 101-11 from A (Agriculture) to
R-1 (One Family Dwelling) on 80 acres and from C-2
(Regional Commercial) to R-1 (One Family Dwelling)
on 25 acres.
General Plan Amendment/Zone Change 04-0814; Porter-
Robertson Engineering, on behalf of McMillin Homes, has
appealed the Planning Commission's decision denying their
proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road
between Shane Street and Homestead Way.
Resolution approving the Negative Declaration and
denying the requested general plan amendment from
RR (Rural Residential) to LR (Low Density
Residential) on 18.2 acres.
Resolution upholding the Planning Commission
decision approving the Negative Declaration and
denying the amendment for Title 17 of the Municipal
Code and Zoning Map 101-01 and the zone change
from RS 2-1/2 (Residential Suburban 2-1/2 minimum
lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Hearings 12.a, 12b. and 12c. were opened at 7:19 p.m.
No one spoke.
Hearings were closed at 7:21 p.m.
Motion by Vice-Mayor Couch to approve Consent Calendar
Hearings 12. a., 12.b., and 12. c. with the removal of 12. d.
HEARINGS
General Plan Amendment/Zone Change 03-1169; Castle &
Cooke has appealed the Planning Commission's denial of
their proposal of a general plan amendment and zone change
on 20 acres located at the northeast comer of Ashe Road and
Panama Lane. Applicant requested general plan amendment
to LMR (Low Medium Density Residential); Planning
Commission approved general plan amendment to HMR
(High Medium Density Residential),
ACTION TAKEN
FR
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
9
13.
Bakersfield, California October 20, 2004 - Page 10
HEARINGS continued
Item 13.a. continued
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from HR (High Density
Residential) and GC (General Commercial) to HMR
(High Medium Density Residential) on 11.86 acres
and from GC (General Commemial) to HMR (High
Medium Density Residential) on 8.22 acres.
First Reading of Ordinance approving the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-22 from R-3 (Limited
Multiple-Family Dwelling) from C-2 (Regional
Commercial) to R-2 on 8.82 acres.
Correspondence has been received from Roger Mclntosh,
Mclntosh & Associates, on behalf of Castle and Cooke
California, requesting item be continued to the 11/3/04
meeting.
Staffcomments were made by Development Services Director
Hardisty.
Hearing opened at 7:24 p.m.
No one spoke.
Motion by Councilmember Sullivan the continue the
hearing to the November 3, 2004, City Council meeting.
General Plan Amendment/Zone Change 04-0436; Renee
Donato-Nelson, on behalf of John W. Howe, Carolyn McNeill,
Ruth Neal and Robert Choee, has appealed the Planning
Commission's approval of proposal by Ray Lechuga, Keith
Companies, on behalf of Reddy Malladi and Malladi P., for a
general plan amendment and zone change on 108 acres
located generally south of Alfred Harrell Highway, east and
west of Lake Ming Road/Masterson Street.
Resolution upholding the decision of the Planning
Commission, denying the appeal, approving the
Negative Declaration and adopting the General Plan
Amendment to change land use designation from GC
(General Commercial) and OS-S (Open Space-
Slopes) to LR (Low Density Residential), HMR (High
Medium Density Residential) and OS (Open Space)
on 108 acres.
ACTION TAKEN
APPROVED
RES 282-04
13. HEARING
]0
Bakersfield, California October 20, 2004 - Page 11
s continued
Item 13.b. continued
ACTION TAKEN
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-36 fro C-2 (Regional
Commercial), C-O (Professional and Administrative
Office) and C-O HD (Professional and Administrative
Office Hillside Development), R-2 (Limited Mulitple
Family Dwelling), and OS (Open Space) zones on 108
acres.
Correspondence was received from Ronald W. Hunter, Insight
Environmental, responding to issues raised by the appellant.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 7:27 p.m.
Renee Donato-Nelson, representing Clean Air and Water
Matters, provided written material and spoke in opposition to
the staff recommendation.
John Mack, representing S&S Homes, presented a slide
show, written material and spoke in favor of the staff
recommendation. Additionally Ronald Hunter, Insight
Environmental, spoke in favor of the staff recommendation.
Hearing closed at 7:45 p.m.
Councilmember Maggard outlined the conditions applying
to the project:.
Noise mitigation requirement levels will meet standards
currently in place.
Water shed and park areas are in compliance with open-
space and water shed requirements.
Trails and pathways will link to park areas.
The air study is adequate and meets standards.
Homes on higher elevations will not over-look
neighboring backyard properties.
Street lights will illuminate in a downward direction.
Mr. Mack agreed to improve Alfred Harrell Hwy. in front
of the development; begin work on the Masterson
connection within six months; filling gap projects; all
improvements reimbursed from traffic impact fees.
Plan check service will be provided in an expeditious
manner.
FR
]1
13.
Bakersfield, California October 20, 2004 - Page 12
HEARINGS continued
Item 13.b. continued
Motion by Councilmember Maggard to adopt the Resolution
upholding the Planning Commission's decision as amended and
expanded, including the conditions outlined, give first reading
to the Ordinance and deny the appeal.
General Plan Amendment/Zone Change 04-0848; Porter-
Robertson Engineering, on behalf of Floyd Hinesley
(applicant) has appealed the Planning Commission's decision
denying Floyd Hinesley's proposal for a general plan
amendment and zone change on 15 + acres, located south of
McKee Road, generally east of Wible Road.
Resolution upholding the decision of the Planning
Commission, denying the appeal, approving the
Negative Declaration and adopting the General Plan
Amendment to change land use designation from R-IA
(Resource Intensive Agriculture) to LR (Low Density
Residential) on 15 + acres.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-36 from A (Agriculture)
to R-l(One Family Dwelling) zone on 15 _+ acres.
Correspondence was received from Fred Porter, Porter-
Robertson Engineering, requesting this matter be continued
to the November 3, 2004 Council meeting. Correspondence
has also been received from Carol Raupp, in opposition to
approval of this item.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 8:26 p.m.
Fred Porter, representing Floyd Hinesley, and Carol Raupp
spoke in opposition to the staff recommendation.
Floyd Hinesley spoke in support of staff recommendation.
Hearing closed at 8:36 p.m.
ACTION TAKEN
APPROVED
RES 283-04
FR
]2
13.
Bakersfield, California October 20, 2004 - Page 13
HEARINGS continued
Item 13.c. continued
ACTION TAKEN
Motion by Councilmember Salvaggio to adopt the resolution
upholding the Planning Commission's decision, approve the
Negative Declaration, give first reading to the Ordinance and
deny the appeal.
General Plan Amendment No. 04-0870; Griffin Industries, on
behalf of owner David Afana, has appealed the Planning
Commission's decision denying their proposal for a general
plan amendment on 134 acres located at the southeast
corner of Paladino Drive and Morning Drive.
Resolution adopting the Negative Declaration,
overturning the Planning Commission's decision, and
approving the General Plan Amendment to change
the land use designation from R-MP (Resource-
Mineral and Petroleum) to LR (Low Density
Residential) on 134 acres.
Correspondence was received from Ken Hudson, Kern
Resources, requesting clarification of conditions be placed in
the record.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 8:56 p.m.
Larry Roland, Sunway Petroleum, Inc.,requested this matter
be continued for 30 days. Joseph Austin and Tom Gilanardo,
both representing the State Department of Conservation,
Division of Oil, Gas and Geothermal Resources spoke in
opposition to staff's recommendation.
Richard Niec, of Griffin Industries, spoke and provided written
material and Mary Jane Wilson, of WZI, spoke in support of
staff's recommendation.
Larry Roland, Norma Jackson and Tom Gilanardo, made
rebuttal comments in opposition to staff's recommendation.
Mary Jane Wilson and Richard Niec made rebuttal comments
and submitted written material in support of staff's
recommendation.
APPROVED
RES 284-04
]3
t3.
Bakersfield, California October 20, 2004 - Page 14
HEARINGS continued
Item 13.d. continued
ACTION TAKEN
Hearing closed at 9:22 p.m.
Councilmember Maggard outlined, and Mr. Niec agreed,
to the conditions applicable to the project:
· Work with City to develop a trails and pathway
system to interface with the City's trail system.
One, possiblytwo, sumpslreservoirs with turf and
fence with a walk area and a play area to be paid
for by the homeowner's association.
Motion by Councilmember Maggard to adopt the resolution
overturning the Planning Commission's decision and approving
the general plan amendment and negative declaration.
Mayor Hall recessed the meeting at 9:50 p.m. The meeting
reconvened at 10:00 p.m.
Continued public headng to consider resolution upholding the
decision of the Planning Commission, denying the appeal,
adopting the Negative Declaration and approving Vesting
Tentative Tract Map 6351 located on the southeast corner of
Panama Lane and Ashe Road. (Appellant: Sierra
Club/Engineer: Maurice Etchechury/Subdivider: G.L.
Vanherweg & Old River Land Co.)
Correspondence was received from Maurice Etchechury,
Pacific Engineering, requesting the matter be continued to the
November 3, 2004 Council meeting.
Development Services Director Jack Hardisty made staff
comments.
Hearing opened at 10:01 p.m.
Gordon Nipp, representing the Sierra Club, spoke in
opposition to the staff recommendation.
APPROVED
Motion by Councilmember Sulfivan to continue the hearing to
the November 17, 2004 Council meeting.
14
12.
Bakersfield, California October 20, 2004 - Page 15
CONSENT CALENDAR HEARINGS continued
Continued from Page 9
General Plan Amendment/Zone Change 04-0814; Porter-
Robertson Engineering, on behalf of McMillin Homes, has
appealed the Planning Commission's decision denying their
proposal for a general plan amendment and zone change on
18.2 acres, located along the north side of Snow Road
between Shane Street and Homestead Way.
Resolution approving the Negative Declaration and
denying the requested general plan amendment from
RR (Rural Residential) to LR (Low Density
Residential) on 18.2 acres.
Resolution upholding the Planning Commission
decision approving the Negative Declaration and
denying the amendment for Title 17 of the Municipal
Code and Zoning Map 101-01 and the zone change
from RS 2-1/2 (Residential Suburban 2-1/2 minimum
lot size) to R-1 (One Family Dwelling) on 18.2 acres.
Correspondence has been received from Norman and Edith
Reimers in opposition to approval of this item.
Hearing opened to 10:05 p.m.
Robin Rossi and Brandi Williams spoke in opposition to the
Planning Commission decision and Ozzie Yerro, spoke in
opposition to the staff recommendation.
Harold Robertson, Porter-Robertson Engineering, spoke in
support of the staff recommendation.
Vice. Mayor Couch requested City Attorney and
Development Services Director look at the CC&R
restrictions on the property.
Rod Lancaster, Clarence Williams and John Bedke spoke in
opposition to the staff recommendation.
Councilmember Maggard requested staff make clear to
the homeowners, and the homeowners in the Snow Road
area, the distinction between a deed restriction and a
CC&R covenant, and what they have a right to do on their
property.
Motion by Vice-Mayor Couch to continue the hearing and
take additional testimony on November 3, 2004 Council
meeting.
ACTION TAKEN
APPROVED
15
'14.
Bakersfield, California October 20, 2004 - Page 16
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Chief Rector call her regarding
a specific matter.
Councilmember Benham requested a meeting be held with the
management of Greyhound Bus to solicit support in re-routing
Greyhound buses away from residential areas in the vicinity of
18~ Street and the utilization of Truxtun Ave. as an alternative.
Councilmember Benham requested staff respond to a prior
request regarding lights in Joshua's Park.
Councilmember Benham announced a community Olympic
celebration, Sunday, October 24 at 2:00 p.m. at the McMurtrey
Aquatic Center, to honor the four Olympic medalists from the
Bakersfield area.
Councilmember Salvaggio requested two street lights, at the
southeast and southwest corners of Hughes and Ming be
checked to certify they are functional.
Councilmember Salvaggio requested Police contact a citizen
who posed the question at a Neighborhood Watch meeting
regarding placement of a camera on a light post in order to
apprehend graffiti vandals while in the act. He requested a
memo response as to whether this is practical.
Councilmember Salvaggio requested staff respond in deta# to
Doria Ornelaz and address her concerns in detail regarding the
hole in the block wall on Garcia Court.
Counc#member Salvaggio requested staff assistance in placing
f5 MPH speed limit signs in Smoketree Mobil Home Park.
Councilmember Maggard requested staff discuss with him
striping and traffic flow on Mall View Rd. in the vicinity of the
Home Depot store.
Councilmember Maggard requested staff investigate expanding
utilization of inmate labor for maintenance purposes.
Councilmember Maggard requested staff facilitate presenting to
the voters the % cent sales tax increase proposed by the Kern
Transportation Foundation; staff present recommendations at
the next Planning and Development Committee meeting to
resolve differences and move the issue forward for a vote in the
next election.
ACTION TAKEN
16
14.
Bakersfield, California October 20, 2004 - Page 17
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Carson congratulated Borton Petdni on a successful
Business Conference.
Councilmember Carson requested staff investigate installation
of speed bumps on Cantleburry.
Councilmember Hanson requested Alan Christensen followup
on the Haggin Oaks matter.
Councilmember Hanson requested staff check timing in the area
of Ming, El Portal and Barrington.
Councilmember Hanson provided contact information and
requested staff improve the level of maintenance provided for
the Maintenance District in the Campus Park area and possibly
increase staffing levels.
Councilmember Hanson requested staff contact Jim Sears
regarding Hwy. 58 alignment.
Councilmember Hanson requested staff assure the view
westbound on White Ln. near Pin Oak is not obstructed by trees.
Councilmember Hanson requested staff abate mosquitos from
trash bags in Campus Park.
Councilmember Hanson requested staff investigate increasing
fines for illegal posting of signs on street light poles.
Councilmember Hanson requested an update on proposed
improvements near New Stine and California Avenue.
Councilmember Sullivan made comments regarding her constituents.
Councilmember Sullivan announced a main tenant for the old
Builder's Square building on Ming Ave.
Councilmember Sullivan congratulated Borton Petrini on the
successful Business Conference.
Cou. ncilmember Sullivan provided an update on her granddaughter's
assignment in Kuwait.
Vice-Mayor Couch provided written referrals.
ACTION TAKEN
]7
16.
Bakersfield, California October 20, 2004 - Page 18
ADJOURNMENT
Mayor Hall adjourned the meeting at 11:13 p.m.
ACTION TAKEN
MAYOR ofthe City ~ Bakemfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California