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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