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11/17/04_CC_AGENDA_PACKET
AGENDA HIGHLIGHTS NOVEMBER 17, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a conference with legal counsel regarding two cases of existing litigation. consider the performance evaluation of the City Attorney. Council will also CONTINUATION OF REGULAR MEETING - 6:30 p.m. Rhonda Smiley, Office Administrator/Public Relations will present the Excellence in Action Awards and Extra Mile Award in recognition of outstanding service. CONSENT CALENDAR Resolutions Item 1Oh. Resolution reqardinq the Wet Play Eauioment for Dr. Martin Luther Kina, Jr. and Planz Parks. Staff determined that the operating and maintenance costs for wet play areas can be reduced by having equipment provided by a single manufacturer. Vortex Aquatic Structures International Inc. is the manufacturer of "Splashpad" equipment currently in use at Wayside Park and is currently being installed at Jefferson Park. The wet play equipment to be purchased is for Martin Luther King Park ($91,722) and Planz Park ($84,278), and will be funded by HUD Community Block Grant Funds currently in the 2004/2005 Capital Improvement Program budget. As a result of using a sole source, staff recommends authorizing the Finance Director to dispense with the usual bidding procedure. Item lOj. McDonald Planned Sewer Area. The City will construct a sewer trunkline in the McDonald area generally bounded by Joseph Drive on the north, the Stine Canal on the east, Stockdale Hwy on the south and McDonald Way on the west. Sewer Enterprise funds will be used to pay the initial costs, which will be reimbursed as existing parcels within the area connect to the sewer trunkline. The resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. An ordinance adds this land to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. Aqreements Item 1On. Desiqn Services Aqreement with Mever Civil Enqineerinq for a Project Studv of a New Sewer Trunk Line to Wastewater Treatment Plant #2 in the amount of $193,100. This study will determine the proper size of a new sewer trunk line to WWTP #2 which will accommodate growth in the northeast. The City received five Statements of Qualifications to the Request for Qualifications and Proposals. The Selection Committee, consisting of two Public Works staff members and one staff member from the Planning Department, found Meyer Civil Engineering, Inc., to have the combination of high qualifications and reasonable fee proposal, which is most favorable for the City. Item 10o. Amendment No. I to Aqreement No. 04-244 with Maximum Enqineerinq for Grindinq Services at the Mt. Vernon WOOd Waste Recyclinq Facility ($101,000 increase for a revised, not to exceed compensation amount of $176.000~. Continuation of this grinding service contract for eight months is necessary due to production limitations placed on City-owned grinding equipment as a result of new air quality regulations, and to the ever-increasing amount of brush and lumber being diverted from the landfill and to the Mt Vernon Wood Waste Facility. State and local regulators have stressed that necessary operational and facility permits for Mt. Agenda Highlights November 17, 2004 Page 2 Vernon could be denied if material stockpiles are not kept to a minimum. Since award of this contract, fuel prices have escalated dramatically, and this amendment also provides for an increase in the per cubic yard price to $2. Sufficient funds are budgeted to cover the cost of this amendment. Item lOp. Preoaration of Environmental Imoact Reoort for a General Plan Amendment and Zone Chanqe for Old River Ranch. Generallv Located between Panama Lane, Taft Hiqhway/State Route 119. Old River Road and Allen Road. Troxter Ventures Partners, Inc. proposes encompassing 1,921 acres for a variety of land uses. This agreement acknowledges that Troxler Ventures Partners, Inc. will pay all costs associated with the preparation and completion of the EIR. The total EIR cost is $171,925, which consists of $132,250 for consultant services and $39,675 to reimburse the City for its costs. Item lOq. Preparation of Environmental Impact Report for a General Plan Amendment and Zone Chanqe for Ea(]le Meadows. Located Between Hiqhways 178 and 184, East of Vineland Road and West of Mesa Marin Racewav. Eagle Meadows, LLC proposes encompassing 120 acres for a variety of land uses, which will require an Environmental Impact Report. Michael Brandman Associates, the EIR consultant determined that additional analysis on noise impacts is required. The cost for this additional analysis is $4,520, which will be paid by t~e applicant. Item lOro A(]reement with Bakersfield Redevelopment A(]encv for the Purchase of Real Propertv Located at the Northwest Corner of Kentucky and Kin(] Streets in the amount of $135.000. The property currently being purchased by the Agency from the City is improved as a parking lot and comprises approximately 30,000 square feet. The purchase price of $135,000 was a product of negotiations based on other sales in the area. The terms of the sale are zero down and the balance paid in five annual installments at 4% simple interest. Bids Item lOs. Award Contract to Griffith Company for Street Improvements at the Intersections of Truxtun Avenue at Office Park Way, Truxtun Avenue at Commercial Way. and Mine Avenue at S.R. 99 Northbound On/Off Ramp in the amount of $377,577. The project consists of constructing right turn lanes at three different locations which involve street widening, traffic signal and lighting systems modifications. This project is partially funded with Federal Congestion Mitigation and Air Quality (CMAQ) funds. Additional appropriations of $140,000 within the Gas Tax Fund are needed to fully fund this project. Two acceptable bids were received. Staff recommends award to Griffith Company. Item lOt. Award Contract to Loop Electric for Traffic Siqnal and Li(]htin(] System Installations on 34th Street at Jewett Street and on W. Columbus Street at San Dimas Street in the amount of $167.336.25. The project consists of installing a traffic signal, lighting system, pavement markings, striping and signage, curb and gutter, handicap ramps and pavement reconstruction. The projects are funded entirely with Gas Tax Funds. Two acceptable bids were received. Staff recommends award to Loop Electric. Item lOu. 32 Acre Park. North of Stockdale Hi(~hwav at Buena Vista Road. This project was designed to be completed in 3 phases. Phase I is complete. Staff recommends constructing Phases 2 and 3 simultaneously, beginning in January, 2005. This would include constructing the Amphitheater stage house, dressing rooms, a tot lot, and restroom; and site improvements complete with irrigation, landscaping, planting, parking lots, benches, water fountains, security lighting, concrete paved walkways, pre-manufactured pedestrian bridges, tot-lot, picnic structures, entry plazas, and water features. Additive Alternate No. 1 consists of constructing the overlook site in the northwest corner of the park; Additive Alternate No. 2 consists of constructing the landscaping and irrigation between the northern pedestrian walkway and the existing bike path; and Additive Alternate No. 3 consists of constructing the Main Plaza Entry. One acceptable bid for the Building Improvement Contract and two acceptable bids for the Site Improvement Contract were received. Staff recommends awarding both contracts to S.C. Anderson. The contract for building improvements totals $2,795,000 and the site improvement contract totals $5,646,000 for a total of $8,441,000. This bid award will complete the park by October of 2005. Agenda Highlights November 17, 2004 Page 3 The tot lot will be funded with a $314,822 grant from the California Department of Housing and Community Development ($314,822) and the remaining improvements are funded with a combination of Park Acquisition Funds, Park Development Funds and a short-term interfund loan of $2,250,000 from the equipment fund with interest at four percent (4%). The inter-fund loan is expected to be repaid over a two year period (beginning in FY 2005-06) from future park acquisition and development funds from zone #1. This loan will significantly restrict the City's ability to pursue other parks projects in the zone 1 area for approximately two years (FY 2005-06 and FY 2006-07). There is the possibility the City may obtain additional Jobs Housing State Grant funding during the next few months (calendar 2005). If these grant funds are awarded to the City for this project, these funds (estimated at about $500,000) could be applied to this project, which would reduce the amount needed to be borrowed from the Equipment Fund. Item lOv. Extend Bid from Thr(~e Way Chevrolet for One Reolacement Utility Vehicle for the Fire Deoartment in the amount of $34.490.97. This vehicle will be used as the incident command center for the Battalion Chief at Station 6, and was approved for replacement in the FY 2004/05 budget. When Three Way Chevrolet was awarded the contract for a utility vehicle in May, 2004, the specifications included a provision whereby the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Three Way Chevrolet approves of the extension of the same per unit cost for this pumhase. Item lOw. Extend Bid from Jim Burke Ford for Seven Additional Police Soecial Sedans in the amount of $159,051.34. When Jim Burke Ford was awarded the contract for purchase of Police special sedans in October, 2004, the specifications included a provision whereby the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Jim Burke Ford approves of the extension. Funding for these vehicles was included in the budget restoration action taken by Council in October, 2004. Miscellaneous Item 1Oz. ADoroDriate ,$43,500 Fund Balance to the Downtown Proiect Area - Ooeratin(3 Bud(3et for Payment to Kern County Tax Collector for the Downtown Proiect Area. Each fiscal year, the Bakersfield Redevelopment Agency is required to pay the Kern County Tax Collector an administrative fee, based on a pro-rata share by project area for the collection and distribution of tax increment revenues and related pass-throughs to other agencies. In preparing the budget for fiscal year 2004-05, the portion for the Downtown Project Area was inadvertently omitted from the Redevelopment budget. The Redevelopment Agency approved the additional appropriation of $43,500 at the meeting on November 8th. Item lOaa. Aoorooriate $117,000 Fund Balance to the Redevelopment Ooeratina Budaets for the Bakersfield Redevelooment Aeency's Educational Revenue Au(]mentation Fund (ERAF~ Share. For the next two fiscal years, Redevelopment Agencies State-wide will lose $250 million using the same formula from last fiscal year as a result of SB 1096. Each Agency's payment will be based on the total amount of tax increment it receives in proportion to the total amount of tax increment received by all Agencies. Payments are due on May 10, 2005 for the current fiscal year and May 10, 2006 for FY 2005-06, There is $133,000 budgeted in the current fiscal year for ERAF. Additional funds in the amount of $117,000 are needed to meet this State-mandated financial obligation. The Bakersfield RDA is mandated to pay an increased amount over last year due to the growth of our tax base. CONSENT CALENDAR HEARINGS Item 11a. ProPosal bv the City tO Amend the Cimulation Element and Adopt a Soecific Plan Line to Facilitate Realiqnment of Huqhes Lane1 and Construction of a Planned Interchanqe at Hoskino Avenue and Hi(3hwav 99. The purpose if these proposals is to make way for the establishment of an interchange at Hosking Avenue and Highway 99. The realignment and planned right-of-way meet all of Caltrans' standards for constructing the interchange. The Planning Commission recommends approval. Agenda Highlights November17,2004 Page 4 HEARINGS Item 12a. Appeal by William and Diane Hinkle of the Board of Zoninq Adiustment's Denial of a Zoninq Modification for ProPerty Adjacent to the Riverlakes Golf Course. The applicants installed 30-foot high netting and poles along their rear and side property lines adjacent to the golf course without required approvals or permits from their homeowner's association, City Planning or Building Departments. The applicants contend that golf balls from the adjacent golf course land in their yard and the netting is necessary to protect their family. After being cited by Code Enforcement, they applied for a zoning modification, which was denied. The homeowner's association has denied the applicants' request twice for two major reasons: 1) the golf course existed prior to any homes being built, so any prospective homeowner is able observe the potential hazards before making a commitment to purchase a home; and 2) all property owners are required to sign a disclosure when they built their homes that acknowledged golf balls from the course could cause serious injuries and property damage. It is important to note that the homeowners association can enforce their denial through civil action regardless of the City's decision. The administrative report details the history of this matter. Staff recommends upholding the decision of the Board of Zoning Adjustment and denying the appeal. Item 12b. Continued Public Hearin(3 Re(~ardin(~ an A[~oeal of the Plannin(~ Commission's Decision to ADDrOVe Vestin(3 Tentative Tract Mao 6351 Located on the Southeast Corner of Panama Lane and Ashe Road. This hearing has been continued from the last two Council meetings at the developer's (Maurice Etchechury) request to allow additional time to negotiate an agreement with the appellant (Sierra Club). Staff continues to recommend upholding the Planning Commission's decision, and denying the appeal. Item 12c. Public Hearinq on Resolution of Necessity to Determine Whether the Public Interest and Necessity Require Acquisition of 40+ Acres Located Approximately Y4 Mile East of Heath Road. Y2 Mile West of Renfro Road on the North Side of Stockdale Hiqhway, for the Westside Parkway and West Beltwav Interchan~]e Proiect. The property is to be acquired in order to develop and construct the Westside Parkway and West Beltway Interchange. All "pre-condemnation" requirements have been met by the City. Staff has been negotiating with the property owner(s) for the better part of a year, who have requested a written response to the City's offer. To date, the only response was for twice the appraised value. Even if Council proceeds with this action, staff will continue negotiations with the property owner(s) in hopes that we can reach a mutually acceptable agreement. This hearing will be an opportunity for each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the matter. In order for the property owner(s) to appear before Council, they must have filed a written request within 15 days after the notice was mailed or served. Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council, not two-thirds of a quorum of the members present. DEFERRED BUSINESS Item 13a. Adoption of Ordinance Amendinq the Municipal Code Relatinq to Fireworks. This item was given first reading at the Council meeting of November 3, 2004. The only difference between the First and Second Readings is that staff corrected a date within the Ordinance to clarify that the new Ordinances goes into effect on July 16, 2006. Staff recommends adoption of the Ordinance. Approved: John W. Stinson, Assistant City Manager cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL NOVEMBER 17, 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. ROLLCALL REPORTS/WORKSHOPS CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Two (2) cases: Mary E. Bosse v. City of Bakersfield, et al., Kern County Superior Court, Case No. S-1500-CV-252209RJA North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al., Tulare Superior Court Case No. 96-172919 Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b)(1). RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL 5. INVOCATION by Pastor Troy Morris, New Beginnings Christian Church. 6. PLEDGE OF ALLEGIANCE by P. J. Atchison, 8"~ Grade Student at St. Francis School. 7. CLOSED SESSION ACTION 8. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mike Duncan, NASCAR Grand National West Series Champion, proclaiming November 17, 2004, as "Mike Duncan Day". b. Presentation by Rhonda Smiley, Office Administrator/Public Relations to department winners of the 2004 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. 9. PUBLIC STATEMENTS 10. CONSENT CALENDAR Minutes: a. Approval of minutes of the November 3, 2004 Council Meeting. '10. CONSENT CALENDAR continued (Ward 7) (Ward 6) (Ward 6) (Ward 4) (Ward 3) (Ward 1,7) (Ward 6) (Ward 1) (Ward 5) Payments: Approvat of department payments from October 22, 2004 to November 3, 2004 in the amount of $3,630,482.68 and self insurance payments from October 22, 2004 to November 3, 2004 in the amount of $110,158.81. Ordinances: Adoption 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) on approximately 20 acres located along the north side of Hosking Road approximately 500 feet east of Monitor Street. (GPA/ZC 04-0876) (First Reading 11/3/04) Adoption of Ordinance approving 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) on 15 acres located at the southeast corner of McKee Road and Stine Road. (GPA/ZC 04-0879) (First Reading 11/3/04) Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-22 changing the zoning district from R-3 (Limited Multiple-Family Dwelling) on 11.86 acres and from C-2 (Regional Commercial) to R-2 (Limited Multiple-Family Dwelling) on 8.82 acres located along the northeast corner of Ashe Road and Panama Lane. (GPA/ZC 03-1169) (First Reading 11/3/04) Adoption of Ordinance upholding the appeal, approving the Negative Declaration and eliminating Condition Nos. B.1. and B.2. of Exhibit C in Ordinance No. 4165 that required a pedestrian bridge over the Kern River Canal and pedestrian path from Loughton Avenue to Stockdale Highway. (GPNZC 04-0885) (First Reading 11/3/04) Resolutions: g4 Resolution of Application proposing proceeding for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 467 located generally south of State Route 178 (south of the Rio Bravo Development), generally east of Comanche Drive. Resolution determining that the wet play equipment for Dr. Martin Luther King, Jr. Park and Planz Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $176,000.00. Resolution ordering the summary vacation of a dedicated deceleration lane along Wilson Road west of S. Real Road. j. McDonald Planned Sewer Area: Resolution of Intention No. 1326 to establish the McDonald Planned Sewer Area and preliminarily approving the boundaries of the area and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. Resolution of Intention No. 1350 to add territory, Area 2-27 (Ashe, N. Halfmoon NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. 2 10. (Ward 7) (Ward 4,6,7) Agreements: m. CONSENT CALENDAR continued I. Sewer Connection Fee Assessment for 4920 Elysium Street: Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. Agreement with Sharon Hightower, property owner, to pay sewer connection fee in installments and notice of special assessment lien. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Stone Creek Partners, Inc., for Tract 6227 located north of McKee Road and east of Stine Road. Final Map and Improvement Agreements with Stuart Thomas Inc. dba Lenox Homes for Tract 6192 Unit 2 located south of Hosking Avenue and east of South H Street. Final Map and Improvement Agreements with McMillin South San Lauren, LLC for Tract 6042 Unit 3 located west of Mohawk Street and north of Gilmore Avenue. (Wards 1,3) (Ward 1 ) (Ward 3) Design Services Agreement with Meyer Civil Engineering, Inc., ($193,100.00) for a project study of a new sewer trunk line to Wastewater Treatment Plant #2. Amendment No. 1 to Agreement No. 04-244 with Maximum Engineering ($101,000.00 increase for a revised, not to exceed compensation amount of $176,000.00) to extend term of agreement by eight (8) months for continued contract grinding services at the Mt. Vernon Wood Waste Recycling Facility. Preparation of Environmental Impact Report for General Plan Amendment/Zone Change 03- 1528 (Old River Ranch): Agreement with Petdni Bakersfield Ventures, LLC ($132,250.00) for the preparation of an Environmental Impact Report (EIR) and appropriation of $132,250.00 developers contribution to Development Services Operating Budget in the general fund. Agreement with Jones & Stokes ($132,250.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-1528 (Old River Ranch). Preparation of Environmental Impact Report for General Plan Amendment/Zone Change 03- 1188 and Vesting Tentative Tract 6352 (Eagle Meadows): Amendment No. I to Agreement No. 04-266 with Eagle Meadows of Bakersfield 2, LLC, ($4,520.00 for a total not to exceed $145,819.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $4,520.00 developer's contribution to the Development Services Operating Budget in the general fund. Amendment No. I to Agreement No. 04-267 with Michael Brandman Associates ($4,520.00, for a total not to exceed $113,219.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows). 10. (Ward 2) (Wards 2,7) (Wards 2,3) (Ward 4) (Ward 2) CONSENT CALENDAR continued Bids: Agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency for the purchase price of $135,000.00 for real property located at the northwest corner of Kentucky and King Streets (Old Town-Kern Mixed Use Project) for an amortized amount not to exceed $151,200.00. s. Street Improvements: Accept bid to award contract to Griffith Company ($377,577.00) for street improvements at the intersections of Truxtun Avenue at Office Park Way, Truxtun Avenue at Commercial Way, and Ming Avenue at State Route 99 northbound on/off ramp. 2. Appropriate $140,000.00 Gas Tax Fund Balance to the Capital Improvement Budget. Accept bid to award contract to Loop Electric ($167,336.25) for traffic signal and lighting system installations on 34~ Street at Jewett Street and on W. Columbus Street at San Dimas Street. u. 32 Acre Park north of Stockdale Highway at Buena Vista Road: Accept bid for building improvements contract (B.C.); stage house, dressing rooms and restrooms and award contract to S.C. Anderson, Inc ($2,795,000.00) for the project. Accept base bid for site improvements contract (S.C.), additive alternate No. 1, additive alternate No. 2 and additive alternate No. 3 and award contract to S. C. Anderson, Inc. ($5,646,000.00) for the project. Appropriate $1,050,000.00 park acquisition fund balance (zone 1); $450,000 additional park development fee revenue (zone 1); $600,000.00 park development fund balance (zone 1) within the Park Development Fund. Appropriate and transfer $2,250,000.00 inter-fund loan from the Equipment Management Fund to the Park Development Fund, to be repaid with future park acquisition and development funds from Zone 1. Extend bid from Three Way Chevrolet ($34,490.97) for one (1) replacement utility vehicle for the Fire Department. Extend bid from Jim Burke Ford ($159,051.34) for seven (7) additional Police Special Sedans. Miscellaneous: Appropriate $20,000.00 Equipment Management Fund Balance for copy machine replacement. Appropriate $3,000.00 Transient Occupancy Tax Fund Balance to the Non-Departmental Operating Budget for appraisal services. Appropriate $43,500.00 fund balance to the Downtown Project Area - Operating Budget for payment to Kern County Tax Collector (Administrative Fee) for the collection and distribution of Tax Increment Revenues and related Pass Throughs for the Downtown Project Area. 4 10. CONSENT CALENDAR continued aa. Appropriate $117,000.00 fund balance to the Redevelopment Operating Budgets (Southeast $51,200; OTK $15,900.00; Downtown $49,900.00) for the Bakersfield Redevelopment Agency, Statewide share for Educational Revenue Augmentation Fund (ERAF) FY 2004-05. Staff recommends adoption of Consent Calendar items a through cc. 11. (Ward 7) 12. (Ward 4) (Ward 6) (Ward 4) 13. CONSENT CALENDAR HEARINGS General Plan AmendmenfJSpecific Plan Line No. 04-1258; The City of Bakersfield is proposing an amendment of the circulation element and adoption of specific plan line to facilitate realignment of Hughes Lane and construction of a planned interchange at Hosking Avenue and Highway 99. (Staffrecommends adoption of resolution.) Resolution adopting the Negative Declaration and approving the General Plan Amendment to amend the Comprehensive Circulation Map of the Circulation Element and approving the Specific Plan Line for the realigned segment of Hughes Lane and planned right-of-way for intemhange at Hosking Avenue and Highway 99. HEARINGS Hearing to consider appeal by William and Diane Hinkle of the Board of Zoning Adjustment's denial of a zoning modification (File No. 04-0969) to allow 30 foot tall netting and poles on the rear and side property lines adjacent to a golf course where 6 feet is the maximum height permitted within an R-1 (One Family Residential) at 9107 Elizabeth Grove Court. Resolution upholding Board of Zoning Adjustment decision denying the modification allowing 30 foot tall netting and poles on the rear and side property lines adjacent to a golf course. Staff recommends adoption of resolution. Continued public hearing to consider resolution upholding the decision of the Planning Commission, denying the appeal, adopting the Negative Declaration and approving Vesting Tentative Tract Map 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.) (Hearing continued from 10/3/04 and 10/20/04 meetings.) Staff recommends adoption of resolution. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of 40+ acres located approximately 1/4 mile east of Heath Road, ~ mile west of Renfro Road on the north side of Stockdale Highway, for the West side Parkway and West Beltway Interchange project (Code Civ. Proc. § 1245.230). Staff recommends adoption of resolution. DEFERRED BUSINESS Adoption of Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. (First Reading 11/3/04) Legislative and Litigation Committee recommends adoption of ordinance. 5 14. 15. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT Respectfully submitted, ^lan Tandy City Manager pi 11/5/04 12:45pm ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 8, 2004 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Mary E. Bosse v. City of Bakersfield, et al. Kern County Supedor Court, Case No. S-1500-CV-252209 RJA · North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al, Tulare Supedor Court Case No. 96-1 72919 VG:do S:\COUNCIL\Cl Sess~.Admins\04-05\ 11-17-04ExJs~it.doc. dot November 8, 2004. 2:42PM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 IAGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 4, 2004 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Public Employee Performance Evaluation -- City Attorney Closed session pursuant to Government Code section 54957(b)(1) APPROVED VG:do S:\COUNCIL\Cl Sess\Forms~dmin-Eval Arty.dot November 4, 2004, 3:04PM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Presentations ITEM: <~ .0... Honorable Mayor and City Council Mayor Harvey L. Hall October 21, 2004 DEPARTMENT HEAD.~OvED CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hail of Proclamation to Mike Duncan, NASCAR Grand National West Series Champion. proclaiming November 17, 2004, as "Mike Duncan Day." RECOMMENDATION: BACKGROUND: ndw November 4, 2004, 4:21 PM S:\MAYOR~ADMIN'WIIKE DUNCAN DAY.dot ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 I ITEM: AGENDA SECTION: Presentations TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Rhonda Smiley, Office Admin./Public Relations DEPARTMENT HEAD November 1, 2004 CITY ATFORNEY APPROVED CITY MANAGER Presentation by Rhonda Smiley, Office Administrator / Public Relations to department winners of the 2004 Excellence in Action Awards and the Extra Mile Award in recognition of outstanding service to the City of Bakersfield. RECOMMENDATION: BACKGROUND: November 1,2004, 1:45PM EIA Awards ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: 10, o... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk November 5, 2004 //~PPROVED DEPARTMENT HEAD / ~/ CITY ATTORNEY Approval of minutes of the November 3, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar TEM: 10. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 3, 2004 APPROVED DEPARTMENT HEAD ,,"~-~.~ -~"','~----- CITY ATTORNEY CITY MANAGER ~ Approval of department payments from October 22, 2004 to November 3, 2004 in the amount of $3,630,482.68 and self insurance payments from October 22, 2004 to November 3, 2004 in the amount of $110,158.81. RECOMMENDATION: Staff recommends approval of payments totaling $3,740,641.49. BACKGROUND: tc November 4, 2004, 5:19PM S:\KirnG\Forms & Lables~AOMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent ITEM: 10,C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 29, 2004 //~70VED DEPARTMENT HEAD ( ,,/,/ city ATTO.NEY / CITY MANAGER ~'~ Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and Zoning Map No. 124-30 changing the zoning from R-1 (One-Family Dwelling) to PUD (Planned Unit Development) on approximately 20 acres located along the north side of Hosking Road approximately 500 feet east of Monitor Street (ZC 04-0876). (Ward 7). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved the Negative Declaration and made first reading of the ordinance on November 3, 2004. The project will provide 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. 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 16, 2004. RED Admin\l 1-17-0876 ADMINISTRATIVE REPORT MEETING DATE: November 17. 2004 AGENDA SECTION: Consent TEM: 10.d,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning October 13, 2004 DEPARTMENT HEAD CITY ATTORNEY Y~' CITY MANAGER ~ Adoption of Ordinance approving 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) zone on 15 acres, located at the southeast corner of McKee Road and Stine Road. (GPNZC 04-0879). (Ward 6) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on November 3, 2004. This amendment to the general plan would permit the development of commercial uses. The Planning Commission conducted public hearing(s) on this Zone 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 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\I 1-17-0879-2ND ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent TEM: I(~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 8, 2004 APPROVED DEPARTMENT HEAD~tt~ CITY ATTORNEY ~'",,~ ClTY MANAGER~.~'~ Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No, 123-22 changing the zoning district from R-3 (Limited Multiple-Family Dwelling) to R-2 (Limited Multiple-Family Dwelling) on 11.86 acres and from C~2 (Regional Commercial) to R~2 (Limited Multiple-Family Dwelling on 8.82 acres located along the northeast corner of Ashe Road and Panama Lane (GPA/ZC 03-1169). (Ward No. 7) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved the Negative Declaration and upheld an appeal and made first reading of the ordinance on November 3, 2004. Applicant originally requested the LMR (Low Medium Density Residential) land use designation and R-2 zoning (Limited Multiple-Family Dwelling) for purposes of constructing multi-family dwellings. The Planning Commission conducted public hearings on this project and on September 16, 2004 determined that multiple-family dwellings should be constructed on the site and therefore recommended R-3 (Limited Multiple-Family) zoning. The Planning Commission recommendation was appealed and at the regularly scheduled public hearing of November 3, 2004, the Council upheld the applicant's appeal and removed the Planning Commission's condition requiring a minimum of ten units per acre. 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 May 7, 2004. RED Admin\l 1-17-1169-2nd ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent ITEM: [0.~'- TO: · FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning October 29, 2004 c,Ty ATTO..E --/ CITY MANAGER A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 467 located generally south of State Route 178 (south of the Rio Bravo Development), generally east of Comanche Drive. (Ward 3). RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The property owner has consented to annexation of the area in order to develop in the City limits and receive city services This resolution of application proposes proceedings for annexation of the uninhabited territory, identified as Annexation No. 467 (known as Rio Bravo No. 3 Annexation) to the City of Bakersfield. The proposed annexation consists of approximately 640 acres of uninhabited land located generally south of State Route 178 (south of the Rio Bravo Development), and generally east of Comanche Drive. MO Admin\l 1-17-467 ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION Consent TEM: TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 4, 2004 APPROVED DEPARTMENT HEAD /~ CITY ATTORNEY..._..,~ ./~-~'-~ CITY MANAGER ~ SUBJECT: Resolution determining that the wet play equipment for Dr. Martin Luther King Jr. Park and Planz Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefor, not to exceed $176,000. (Ward 1 & 7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND Recreation and Parks Department has determined that wet play areas are an economical way to provide water activities to the citizens of the City and that it can reduce operating and maintenance cost by having only one manufacturer of wet play systems in the City parks. Vortex Aquatic Structures International Inc. (Vortex), manufacturer of Vortex "Splashpad", is the manufacturer of equipment currently in use at Wayside Park and is currently being installed at Jefferson Park Miracle Playground Sales of Southern California (Miracle) is the exclusive authorized distributor of Vortex "Splashpad" for Southern California, Arizona and Nevada. This equipment to be purchased from Miracle will be funded by HUD community block grant funds currently in the 2004/2005 Capital Improvement Program budget. WGM / PW / ENGR November 4, 2004, 11:14AM G:\GROUPDAT'~ADMINRPT~.004\I 1-17\Resolution for direct purchase of Vortex equipment doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: IO.i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD November 1, 2004 CITY ATTORNEY CITY MANAGER ~ Resolution ordering the summary vacation of a dedicated deceleration lane along Wilson Road west of S. Real Road. (WARD 6) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Marino and Associates, representatives for Derrel's Mini-Storage, have requested the vacation of the street right of way dedicated on February 1, 1994 by the Street Right of Way document recorded at Book 7002, Page 85 in the office of the Kern County Recorder on behalf of their client. Public Works has determined that the right-of-way has not been improved and has been determined to be surplus by Public Works and not necessary for public access purposes. Because the right-of-way easement has not been used for the purpose for which it was dedicated, Public Works is conducting closure by summary vacation pursuant to Section 8333 (a) of the State Streets and Highways Code. The City Planning Commission at their regular meeting of May 20, 2004 considered the action and did find the vacation consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code Section 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment November 2, 2004, 9:10AM ! G:tGROUPDAT~,DMINRPT~2004\I 1-17~Vacate-Decer_Ln.at Wilson Rd.doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 r ITEM: AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 25, 2004 McDonald Planned Sewer Area (Ward 1): APPROVED DEPARTMENT HEAD ~,//~__ C)TY ATTORNEY /~ CITY MANAGER ~ Resolution of Intention 1326 to establish the McDonald Planned Sewer Area and preliminarily approving the boundaries of the area and the cost and fee schedule. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (First Reading) RECOMMENDATION: the ordinance. Staff recommends approval of the Resolution of Intention and first reading of BACKGROUND: The City will construct a sewer trunkline in the McDonald area generally bounded by Joseph Drive on the north, the Stine Canal on the east, Stockdale Hwy on the south and McDonald Way on the west. Sewer Enterprise funds will be used to front the cost of this project. These funds will be reimbursed as existing parcels within the area connect to the sewer trunkline. This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the McDonald Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. tvd October 25, 2004, 3:54PM G:\GROUPDAI%ADMfNRPT~004\I 1-17~McDonaldPSAroi. DOC MEETING DATE: November 17, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 10.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 20, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ,~'~ CITY MANAGER ~ Resolution of Intention No. 1350 to add territory, Area 2-27 (Ashe, N. Halfmoon NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of Lots 1 and 2 of Parcel Map No. 5364 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 2-27 is generally bounded by Nottingham Lane on the north, Ashe Road on the east, N. Halfmoon Drive on the south and the alley 340 feet west of Ashe Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of tand in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. dc October 20, 2004, 2:46PM S:\PROJECTS\MAINDIST~ADMINRPT~MD2-27_ROi_05.dot ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: I0.[. TO: Honorable Mayor and City Council ,.,~P.,PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: October 26, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Sewer Connection Fee Assessment for 4920 Elysium Street 0Nard 7) 1. Resolution confirming assessment for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2~ Agreement with Sharon Hightower, property owner, to pay sewer connection fee in installments and notice of special assessment lien. (Ward 7) RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owner of the property at 4920 Elysium Street desires to connect her property to the City sewer system. She claims that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with her property taxes in accordance with Municipal Code Section 14.12.390. B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. dc G:\GROUPDAT~ADMINRPT~2004\i 1-17\4920 Elysium.doc November 8, 2004, 12:50PM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: I0. r~. TO: FROM: DATE: SUBJECT: (1) (2) (3) Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 18, 2004 APPROVED DEPARTMENT HEAD/~ ,~ CITY ATTORNEY ~ ' ' CITY MANAGER ('~'~ Tract Maps and Improvement Agreements Final Map and Improvement Agreements with Stone Creek Partners, Inc., for Tract 6227 located north of McKee Road and east of Stine Road. (Ward 6) Final Map and Improvement Agreements with Stuart Thomas Incorporated dba Lenox Homes for Tract 6192 Unit 2 Jocated south of Hosking Avenue and east of South H Street. (Ward 7) Final Map and Improvement Agreements with McMillin South San Lauren, LLC for Tract 6042 Unit 3 located west of Mohawk Street and north of Gilmore Avenue. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. November 4, 2004, 8:11 AM G:\G ROUPDAT~DMINRPT~2004\i 1-17\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 3, 2004 APPROVED 13EPARTMENT HEAD CITY ATTORNEY CITY MANAGER Design Services Agreement with Meyer Civil Engineering, Inc., ($193,100) for a project study of a new sewer trunk line to WWTP #2 (VVard I and Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND The northeast area of Bakersfield is poised for fast paced growth. There is a need for insuring that adequate wastewater drainage lines are in place to accommodate the growth that is planned for the area. This study will determine the proper size of a new sewer trunk line to WWTP #2 which will accommodate growth in the northeast. The study will also identify a new alignment location to bypass a location where the current pipe size is not adequate for future sewage flow. In September 2004, staff began the Qualification Based Selection process to select a design consultant for a Project Study for a New Sewer Trunk Line to Wastewater Treatment Plant #2 (VVWTP #2). A Request for Qualifications and Proposal (RFQ&P) was sent to interested firms. The firms were previously notified of the potential project through a City "Notice to Design Firms" (approximately 100 firms were notified). On September 28, 2004, the City received five (5) Statements of Qualifications (S©Qs) along with sealed fee proposals. The firms that submitted are: Kennedy/Jenks Consultants, Boyle Engineering Corporation, Willdan, Quad Knopf, and Meyer Civil Engineering, Inc. The Selection Committee met on October 13, 2004, to review the SOQs for this Project Study. The Selection Committee, consisting of two Public Works staff members and one staff member from the Planning Department, found Meyer Civil Engineering, Inc., to have the combination of high qualifications and reasonable fee proposal, which is most favorable for the City. Therefore, the Selection Committee recommends that the City enter into a contract with Meyer Civil Engineering, Inc. for this Project Study. REB - PW/Engineering November 8, 2004, 12:43PM G:\GROUPDAT~ADMINRPT~2004\11-17\Meyer Service Agreement for Project Study.doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council RaM Rojas, Public Works Director October 26, 2004 APPROVED DEPARTMENT HEAD ~/~ CITY ATTORNEY ~ CITY MANAGER ~ Amendment No. I to Agreement No. 04-244 with Maximum Engineering to extend agreement for eight months ($101,000 increase for a revised, not to exceed compensation amount of $176,000) for continued contract grinding services at the Mt. Vernon Wood Waste Recycling Facility. RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On August 18, 2004 Council awarded Maximum Engineering with the annual contract for grinding services. This contracted grinding service augments city staffed grinding operations. Continuation of this grinding service contract is necessary due to production limitations placed on city-owned grinding equipment as a result of new air quality regulations, and due to the ever-increasing amount of brush and lumber being diverted from the landfill and to the Mt Vernon Wood Waste Facility. We are currently in our peak season for green waste and capacity at the Facility is limited. State and local regulators have stressed that necessary operational and facility permits for Mt. Vernon could be denied if material stockpiles are not kept to a minimum. Since award of this contract, fuel prices have escalated dramatically, and this amendment also ~rovides for an $.18 increase in the per cubic yard price. The per cubic yard price will increase to 2.00, still well below the next lowest bid. Sufficient funds are budgeted to cover the cost of this amendment. No additional appropriations are necessary. G:\GROUPDAT~ADMINRP'~2004\ 11-17~admin rpt - gdnding service amendment 11-17.doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent ITEM: [O.P. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 10, 2004 APPROVED DEPARTMENT HEAD ~' ~-' CITY ATTORNEY CITY MANAGER ~ Preparation of Environmental Impact Report for General Plan Amendment/Zone Change 03-1528 (Old River Ranch) Agreement between Petrini Bakersfield Ventures, LLC and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriation of $132,250.00 developers contribution to Development Services Operating Budget in the general fund. Agreement between Jones & Stokes and the City of Bakersfield for $132,250.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-1528 (Old River Ranch). RECOMMENDATION: Approve agreements and appropriation. BACKGROUND: Petrini Bakersfield Ventures, LLC is proposing the Old River Ranch project (GPA/ZC 03-1528) which is generally located between Panama Lane, Taft Highway/State Route 119, Old River Road and Allen Road (see Exhibit Nos. 1 and 2). The proposal encompasses 1,921 acres an will include a variety of land uses (see project description below). The project requires preparation of an Environmental Impact Report. Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Petrini Bakersfield Ventures, LLC regarding the preparation of an Environmental Impact Report (EIR) for GPNZC 03-1528 (Old River Ranch). This agreement also acknowledges that Petrini Bakersfield Ventures, LLC will pay all costs associated with the preparation and completion of the EIR. The total EIR cost is $171,925.00 which consist of $132,250.00 for consultant services and $39,675.00 to reimburse the City for its costs. ADMINISTRATIVE REPORT Page 2 Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 03-1528 (Old River Ranch). Project Description: The project is an amendment to the land Use Element and the Circulation Element of the Metropolitan Bakersfield General Plan, concurrent zone change and annexation. The proposed Land Use Element, Circulation Element and zone change will consist of LR (Low Density Residential) - 6,437 units); HMR (High Medium Density Residential) - 883 units; GC (General Commercial) - 77.60 acres; OC (Office Commercial) - 17.20 acres; Parks - 54.90 acres; ROW/Other - 86.40 acres. The gross area is 1,921+ acres. The project includes annexation to the City of Bakersfield. Site location, proposed land use designations, zoning districts, circulation and development data are shown on Exhibit Nos. 1, 2, 3 and 4 The subject s te currently contains agricultural production, scattered single-family dwellings and the Buena Vista Elementary School RED admin\11-17-1528 ADMINISTRATIVE REPORT rMEETING DATE: November 17, 2004 AGENDA SECTION: Consent ITEM: ~0.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 9, 2004 APPROVED DEPARTMENT H EAD.~'~"~ ,,~ CITY ATTORNEY CITY MANAGER Amendment No. 1 to Agreement Nos. 04-266 and 04-26 ($4,520.00, for a total not to exceed $145,819.00) for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows). (Ward 3) Amendment No. 1 to Agreement No. 04-266 between Eagle Meadows of Bakersfield 2, LLC., a California Corporation and the City of Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriate $4,520.00, the developer's contribution to the Development Services Operating Budget in the general fund. Amendment No. 1 to Agreement No. 04-267 between Michael Brandman Associates and the City of Bakersfield ($4,520.00, for a total not to exceed for $113,219.00) to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows). RECOMMENDATION: Approveamendmentstotheagreementsandappropriation. BACKGROUND: Eagle Meadows of Bakersfield 2, LLC is proposing Eagle Meadows as a single family residential development (GPNZC 03-1188 and Vesting Tentative Tract 6352), which is located between Highways 178 and 184, east of Vineland Road and west of Mesa Marin Raceway (see Exhibit "1" and Exhibit "2"). The proposal encompasses 120 acres and will include a variety of land uses (see project description below). The project requires preparation of an Environmental Impact Report. Michael Brandman Associates, the EIR consultant determined that additional analysis on noise impacts is required. The cost for this additional analysis as described in the "Scope and Budget Augment" attached as Exhibit "A" is $4,520.00. This amount will be paid by the applicant. Therefore, an amendment and appropriation is needed for both the Applicant-City Agreement No. 04-266, and the Consultant-City Agreement No. 04-267. ADMINISTRATIVE REPORT Page 2 Applicant-City Agreement: This agreement sets forth the role and financial responsibility of the City of Bakersfield and Eagle Meadows of Bakersfield 2, LLC regarding the preparation of an Environmental Impact Report (EIR) for GPA/ZC 03-1188 and Vesting Tentative Tract 635Z This agreement also acknowledges that Eagle Meadows of Bakersfield 2, LLC will pay all costs associated with the preparation and completion of the EIR. With the additional $4,520.00 cost for the noise analys s, the total EIR cos is $145,819.00, which cons st of $113,219.00 for consultant services and $32,610.00 to reimburse the City for its costs. Consultant-City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 03-1188 and Vesting Tentative Tract 6352 (Eagle Meadows development). The amendment describes the scope of work of the noise analysis and the cost, as shown in attached Exhibit "A." Project Description: The project is an amendment to the Land Use Element and the Circulation Element of the Metropolitan Bakersfield General Plan, a concurrent Zone Change and a Vesting Tentative Tract. The proposed Land Use and the Zone Change will consist of a change from Open Space to Low Density Residential on approximately 2.7 acres. The Circulation Element proposes to designate Highland Knolls as a collector street from Vineland Road east for approximately 1,600 feet. Vesting Tentative Tract 6320 consists of 478 single family lots on 120 acres. JE Admin\l 1-17-1188 ADMINISTRATIVE REPORT I MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: IO, r' TO: Honorable Mayor and CRy Council APPROVED FROM: Donna L. Kunz, Deputy Executive Director DEPARTMENT HEAD ~ DATE: November 9, 2004 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Purchase of Real Property for the Old Town-Kern Mixed Use Project: Approve Purchase Agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency for the purchase price of $135,000 for real property located at the nodhwest corner of Kentucky and King Streets for an amodized amount not to exceed $151,200. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Economic and Community Development Department is working in conjunction with state, federal and local interests on the revitalization of historic Old Town Kern. The Old Town Mixed Use Project includes the development of 40,000 square feet of retail, rehabilitation of 30,000 square feet of existing retail spaces and the construction of 50 units of senior housing. On October 7, 2002, the Agency approved the Replacement Housing and Relocation Plans outlining how the Agency will relocate, rehabilitate, develop or construct, for rental or sale to persons of Iow and moderate income. The purchase of these prope~ies is consistent with the Redevelopment Agency and City Council goals of Urban Renewal through development and removal of blight. The property currently being purchased by the Agency from the City is improved as a parking lot and comprises approximately 30,000 square feet, The City acquired the property in 1955 from two different owners. The purchase price of $135,000 was a product of negotiations based on other sales in the area. The terms of the sale are zero down and the balance paid in five annual installments at 4% simple interest for a total purchase of $151,200. S:~dmins~City Council~parking Io~ purchase rda kenlucky.doc 11/9/2004 10:52 AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar TEM: TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: October 25, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Street Improvements 0Nards 2 and 7): 1) Accept bid to award contract to Griffith Company for $377,577 for Street Improvements at the Intersections of Truxtun Avenue at Office Park Way, Truxtun Avenue at Commercial Way, and Ming Avenue at S.R. 99 N/B On/Off Ramp. 2) Appropriate $140,000 Gas Tax Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: The project consists of constructing right turn lanes at three different locations which involve street widening, traffic signal and lighting systems modifications. This project is partially funded with Federal Congestion Mitigation and Air Quality (CMAQ) funds. Additional appropriations of $140,000 within the Gas Tax Fund are needed to fully fund this project. On October 20, 2004, two acceptable bids were received as follows: Griffith Company 1898 South Union Avenue Bakersfield, California 93307 (City) Granite Construction Company 18851 James Road Bakersfield, California 93308 (County) in the amount of in the amount of $377,577.00 $411,706.00 G:\GROU PDAT~AD MIN R P'R2004\11-17~Ming-Trux-Rt-Tm*Lns-THE~REAL-O N E.doc S. Lowe - PW/Engineedng November 2, 2004, 9:06AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director October 27, 2004 .AP, PROVED DEPARTMENT HEAD ///~_ CITY ATTORNEY~_~ CITY MANAGER ~ Accept bid to award contract to Loop Electric for $167,336,25 for Traffic Signal and Lighting System Installations on 34~h Street at Jewett Street and on W. Columbus Street at San Dimas Street (Ward 2,3) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The project consists of installing a traffic signal, lighting system, pavement markings, striping and signage, curb and gutter, handicap ramps and pavement reconstruction, at the intersections of 34~h Street at Jewett Street and W. Columbus Street at San Dimas Street. The projects are funded entirely with Gas Tax Funds. On October 13, 2004, two acceptable bids were received as follows: Loop Electric 7040 Downing Ave Bakersfield, California 93308 (County) A-C Electric Company 315 30th Street Bakersfield, California 93303 (City) in the amount of in the amount of $167,336.25 $169,798.50 RLT - PW/Engineering October 27, 2004, 9:15AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: lO. U.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 5, 2004 DEPARTMENT HEAD ~_.~OVED ClTY ATTORNEY Y~ CITY MANAGER ~ 32 Acre Park north of Stockdale Highway at Buena Vista Road (Ward 4): 1. Accept Bid for Building Improvements Contract (B.C.); Stage House, Dressing Rooms and Restrooms and award contract to S.C. Anderson, Inc. ($2,795,000) for the project. 2. Accept Base Bid for Site Improvements Contract (S.C.), Additive Alternate No.1, Additive Alternate No. 2 and Additive Alternate No. 3 and award contract to S.C. Anderson, Inc. ($5,646,000) for the project. 3. Appropriate $1,050,000 park acquisition fund balance (zone 1); $450,000 additional park development fee revenue (zone 1); $600,000 park development fund balance (zone 1) within the Park Development Fund. 4. Appropriate and transfer $2,250,000 inter-fund loan from the Equipment Management Fund to the Park Development Fund, to be repaid with future park acquisition and development funds from Zone #1. RECOMMENDATION: Staff recommends acceptance of Iow bids, award of contracts, and approval of appropriations. BACKGROUND: On July 18, 2001, the City entered into an agreement with RJM Design Group, Inc. for Landscape Architectural, Architectural and Engineering Services for the Thirty Acre Park on Stockdale Highway at Buena Vista Road to be completed in three phases. In phase one, the Water Resources Department rough graded the park, constructed two recharge lakes, constructed a connecting concrete/cobble stream, and installed required plumbing for the recharge lakes. Phase 2, Building Improvements, consists of constructing the Amphitheater stage house, dressing rooms, and restrooms; Aquatheater restrooms; and tot lot restroom. The amphitheater will include a full covered stage, air conditioned dressing rooms, restrooms, and a storage area. Phase 3, Site Improvements, consists of constructing the park complete with irrigation, landscaping, planting, parking lots, benches, water fountains, security lighting, concrete paved walkways, pre-manufactured pedestrian bridges, tot-lot, picnic structures, entry plazas, and water features. Additive Alternate No. 1 consists of constructing the overlook site in the northwest corner of the park; Additive Alternate No. 2 consists of constructing the landscaping and irrigation between the northern pedestrian walkway and the existing bike path; and Additive Alternate No. 3 consists of constructing the Main Plaza Entry. It is anticipated that phase two, Building Improvements, will constructed simultaneously with phase 3, Site Improvements. Construction of both phases 2 and 3 are anticipated to begin January 2005. November 5, 2004, 5:31 PM G:\GROUPDAT~ADMINRPT~.004' 11-17~32 Acre Park Building Improvement.doc ADMINISTRATIVE REPORT On November 2, 2004, one acceptable bid for the Building Improvement Contract and two acceptable bids for the Site improvement Contract were received as follows: Building Improvement Contract S.C. Anderson, inc. 2160 Mars Court Bakersfield, CA 93308 (City) Total, in the amount of $2,795,000 Site Improvement Contract S.C. Anderson, Inc. 2160 Mars Court Bakersfield, CA 93308 (City) ValleyCrest Development, Inc. 12087-10 N. Lopez Canyon Rd. San Fernando, CA 91342 (Out of Town) Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Additive Alternate No. 3 Total, in the amount of Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Additive Alternate No. 3 Total, in the amount of $4,966,000 $ 165,000 $ 220,000 $ 295,000 $5,646,000 $6,064,600 $ 163,000 $ 165,000 $ 430,000 $6,822,600 The tot lot will be funded with a $314,822 grant from the California Department of Housing and Community Development ($314,822) and the remaining improvements are funded with a combination of Park Acquisition Funds, Park Development Funds and a short-term loan from the equipment fund with interest at four percent (4%). The inter-fund loan is expected to be repaid over a two year period (beginning in FY 2005-06) from future park acquisition and development funds from zone #1. This loan will significantly restrict the City's ability to pursue other parks projects in the zone I area for approximately two years (FY 2005-06 and FY 2006-07). Actual repayment of the debt will depend upon the collection of future park acquisition and development funds in the zone 1 area. There is the possibility the City may obtain additional Jobs Housing State Grant funding during the next few months (calendar 2005). If these grant funds are awarded to the City for this project, these funds (estimated at about $500,000) could be applied to this project, which would reduce the amount needed to be borrowed from the Equipment Fund. November 8, 2004, 11:10AM G:~GROUPDA'[~ADMINRPT~2004\11*17~32 Acre Park Buildin Im rovement.doc ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: 10,v, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 3, 2004 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER~'t.,T~ SUBJECT: Extend bid from Three Way Chevrolet, $34,490.97, for one (1) replacement utility vehicle for the Fire Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of May 26, 2004, Three Way Chevrolet was awarded the bid for the purchase of a utility vehicle (Battalion Chief - Station 1). The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Three Way Chevrolet has indicated their approval of extending the same per unit cost for this purchase. This vehicle is used as the incident command center for the Battalion Chief at Station 6, and was approved for replacement in the FY2004-2005 budget. Purchasing Division DW:Ijm P:~ADMIN~2004 ADMIN\C04_I 117_C_Utility Vehicle_Fire Dept.doc November 4, 2004, 9:32AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 3, 2004 APPROVED DEPARTMENT HEAD~~_________,~ CITY ATTORNEY CITY MANAGER ~ SUBJECT: Extend bid from Jim Burke Ford $159,051.34, for seven (7) additional Police Special Sedans. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: At the Council meeting of October 6, 2004, Jim Burke Ford was awarded the bid for the purchase of Police special sedans. The specifications included a provision whereby, with the written approval of both of the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the same per unit cost for this purchase. Funding for the seven (7) additional vehicles was included in the budget restoration action taken by City Council on October 6, 2004. Purchasing Division DW:Ijm P:~ADMIN~004 ADMIN\C04_I 117_B_Police Special Sedans.doc November 4, 2004, 9:37_AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: IO.~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 1, 2004 APPROVED DEPARTMENT HEAD.,,~-~' ~-~. CITY MANAGER ~ SUBJECT: Appropriate $20,000.00 Equipment Management Fund Balance for copy machine replacement. RECOMMENDATION: Staff recommends appropriation of funds. BACKGROUND: Several copy machines were scheduled for replacement this fiscal year and were mistakenly omitted from the budget. Three (3) machines (located in the Fleet division of Public Works, Fire Department, and Police Department) have become unreliable due to unavailable repair parts and are in need of immediate replacement. The estimated cost of the three (3) machines is $12,000.00. The remaining $8,000.00 will be used only if the replacement of additional copy machines becomes necessary in the next seven (7) months. Sufficient funds are available in the Equipment Management Fund for this purpose. Purchasing Division DW:Ijm P:~ADMIN~004 ADMIN\C04_I 117_A_Copy Machine Replacement.doc November 4, 2004, 9:39AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 Ao..~SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 4, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNE/~ CITYMA"A ER ' 75 SUBJECT: Appropriate $3,000 Transient Occupancy Tax Fund Balance to the Non-Depadmental Operating Budget ~r appraisal se~ices. (Ward 2) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: On July 21, 2004, the City Council approved Amendment No. 3 to Agreement No. 94/59/RA94-5 with John Q. Hammons Hotels Two, L.P. to delete their role as concessionaire to the Convention Center, and deed the Ballroom to John Q. Hammons Hotels Two, LP. Also, the City Council directed staff to have an independent appraisal prepared to determine the value of the Ballroom if it had been sold to establish an amount that would be set aside from the increased: concession revenues; Transfer Occupancy Tax; and the Tax Increment portion of the property's real property taxes to reimburse the City for the Ballroom. November 4, 2004, 8:55AM P:\MyFiles~Admin Reports\Ballroom appropriation.doc DMNs I MEETING DATE: November 17, 2004 AGENDA SECTION: Consent Calendar ITEM: lO.'Z.. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: October 27, 2004 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Kern County Tax Collector- Administrative Fee: 1) Appropriate $43,500 fund balance to the Downtown Project Area - Operating Budget for the collection and distribution of Tax Increment Revenues and related Pass Throughs for the Downtown Project Area. RECOMMENDATION: Staff recommends approval. BACKGROUND: Each fiscal year, the Bakersfield Redevelopment Agency is required to pay the Kern County Tax Collector an administrative fee, based on a pro-rata share by project area for the collection and distribution of tax increment revenues and related pass-throughs to other agencies. In preparing the budget for fiscal year 2004-05, the portion for the Downtown Project Area was inadvertently omitted from the Redevelopment budget. The Redevelopment Agency approved the additional appropriation of $43,500 at the Bakersfield Redevelopment Agency meeting on November 8, 2004. S:~dmins',C~ly Councd~appropriafion add admin kcla doc 10/27/2004 9:38 AM INISTRATIVE REPORT ADMI MEETING DATE: November 17, 2004 J ITEM: I0.0.o.. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director October 27, 2004 APPROVED DEPARTMENT HEAD ~ C.TY ATTOR.EX. __ MANAGER Educational Revenue Augmentation Fund (ERAF): 1. Appropriate $117,000 Fund Balance to the Redevelopment Operating Budgets (Southeast $51,200; OTK - $15,900; Downtown $49,900) for the Bakersfield Redevelopment Agency, Statewide share for ERAF FY 2004-05. RECOMMENDATION: Staff recommends approval. BACKGROUND: in August, 2005, the State Legislature passed and the Governor signed the State Budget for FY 2004-05 in addition to the various trailer bills that implement the budget. SB 1096 is the trailer bill that deals with local government, including several important provisions for redevelopment. Once again, the State is raiding Redevelopment Agencies to balance their budget. For the next two fiscal years, Redevelopment Agencies state-wide will lose $250 million to ERAF using the same formula from last fiscal year. Each agency's ERAF payment will be based on the total amount of tax increment it receives in proportion to the total amount of tax increment received by all agencies. Funds set aside for housing (20% of gross tax increment received) are not reduced as a result of making ERAF payments. Payments are due on May 10, 2005 for the current fiscal year and May 10, 2006 for FY 2005-06. There is $133,000 budgeted in the current fiscal year for ERAF. Additional funds in the amount of $117,000 are needed to meet this mandated financial obligation. The Bakersfield RDA is mandated to pay an increased amount over last year due to the growth of our tax base. The following table illustrates the estimated impact on tax revenue for each of the three Redevelopment areas including the increase of $117',000 resulting in an estimated total of $250,000 for ERAF for the Bakersfield Redevelopment Agency. Actual 03.04 Tax Revenue $ 730.000 $ 380,0~ $1,9~,000 $3,010,0~ FY 04-05 Adopted Budget 17,2~ 19,3~ 96,5~ $ 133,~ FY ~-05 E~F Increase 51,2~ 15,900 49.9~ $ 117,0~ Estimated 04~5 ~ Total ERAF' $ 68.400 $ 35,200 $ 145,500 $ 250,0~ Percent of Total ERAF* 27 % 15% 58% 100% S:~.~ ty appcopnelion.doc 10/27/2004 9:38 AM ADMINISTRATIVE REPORT Page 2 The Redevelopment Agency approved the additional appropriation of $117,000 at the Bakersfield Redevelopment Agency meeting on November 8, 2004. S:~Adm~ns~Cily COUnCiI~ERAF ap~opriation.doc f 0/27/20049:38 AM ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 IAGENDA SECTION: Hearings ITEM: II.~.. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning October 29, 2004 ?," OVEO CITY ATTORNEY/ CI~ MANAGER ~ SUBJECT: General P~an AmendmenFSpecific Plan Line No. 04-125R (Ward 7) The City of Bakersfield is proposing an amendment of the circulation element and adoption of specific plan line to facilitate realignment of Hughes Lane and construction of a p~anned interchange at Hosking Avenue and Highway 99. Resolution adopting the Negative Declaration and approving the General Plan Amendment to amend the Comprehensive Circulation Map of the Circulation Element of the Metropolitan Bakersfield General Plan and approving the Specific Plan Line, pursuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the realigned segment of Hughes Lane and planned right-of-way for an interchange at Hosking Avenue and Highway 99. RECOMMENDATION: Staff recommends adoption of the resolution for the circulation element amendment, adoption of the specific plan line and the negative declaration. BACKGROUND: The City of Bakersfield is proposing to realign the Collector designation for Hughes Lane at Hosking Avenue to make way for the establishment of an interchange at Hosking Avenue and Highway 99. The City of Bakersfield is also proposing a Specific Plan Line, pursuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the realigned segment of Hughes Lane and planned right-of-way for the Hosking Avenue/Highway 99 interchange. The realignment and planned right-of-way meet all of Caltrans' standards for constructing the interchange. No comments have been submitted by Caltrans regarding the proposal. Staff recommended approval. There was no testimony for or against the project. Planning Commission recommends adoption of the general plan circulation element, adoption of the specific plan line and negative declaration. wc Admin\l 1-17-1258 ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 IAGENDA SECTION: Hearings ITEM NO: i'Z..o... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 8, 2004 APPROVED DEPARTMENT HEAD _~__.. CITY A'I-i'ORNEY CITY MANAGER An appeal by William and Diane Hinkle of the Board of Zoning Adjustment's denial of a zoning modification (File No. 04-0969) to allow 30-foot tall netting and poles on the rear and side property lines adjacent to a golf course where 6 feet is the maximum height permitted within an R-1 (One Family Residential) at 9107 Elizabeth Grove Court. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment and denying the appeal. BACKGROUND: The applicants installed 30-foot high netting and poles along their rear and side property lines adjacent to the Riverlakes golf course without required approvals or permits from their homeowner's association, or city Planning or Building departments. After being cited by Code Enforcement, they made application for a zoning modification to allow the netting and poles to remain. The BZA denied the request, as they could not make the appropriate findings for this netting to exceed the maximum 6-foot fence height as allowed by the municipal code. The Board heard passionate arguments from both sides of the issue. Residents also brought buckets and coolers full of golf balls that have entered their lots. Many argued that they accept the balls as the price for living along the park-like setting of a golf course, and they have taken steps to lessen their impact by planting trees, not netting, so that views along the course were preserved. Letters received in support of keeping the netting and poles were submitted only by the applicants. At the hearing, six property owners spoke in support of the applicant's request. Opposition to the netting and poles included letters from 15 property owners, a petition signed by 18 property owners, and 8 owners testifying at the meeting. Although the Homeowner's Association did not provide specific comments to the Board on the modification (testimony was received they were advised against it by their legal counsel), the Association had previously twice denied the applicant's request. ADMINISTRATIVE REPORT page 2 The applicants contend that golf balls from the adjacent golf course land in their yard and the netting is necessary for their family's safety when using their back yard. Many of the residents opposed to the netting responded that they all experience golf balls entering their properties. They further noted all property owners were required to sign a disclosure when they built their homes that acknowledged golf balls from the course could cause serious injuries and property damage. The golf course was built and in use before any homes were built so homeowners had opportunity to observe and decide whether living next to the golf course posed serious hazards. The attached staff report details the history, issues, and specific findings required to be made by the city. However, as noted in the staff report, the homeowners association can enforce their denial through civil action regardless of the city's decision. In addition, since the neighborhood is subject to the Riverlakes Specific Plan, approval of the homeowners association is necessary before the city can issue permits for construction. The applicants failed to provide adequate justification to support their request as required by the ordinance; therefore, the Board denied the modification. ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 IAGENDA SECTION: Hearings ITEM: ~'/... t~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 4, 2004 APPROVED DEPARTMENT CITY ATTORNEY CITY MANAGER 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.) (Ward 6) RECOMMENDATION: Staff recommends upholding the Planning Commission's decision to approve and adopt the negative declaration and Vesting Tentative Tract Map 6351, and deny the appeal. BACKGROUND: This hearing was continued from October, 6, 2004, October 20, 2004 and November 17, 2004 at the developer's request to altow additional time to negotiate an agreement with the appellant. On August 19, 2004; the Planning Commission conditionally approved Vesting Tentative Tract Map 6290. The subdivision consists of 256 lots for purposes of single family development and 1 sump lot on 82.22 acres zoned R-1 (One Family Dwelling) including a request for alternate lot and street design. The project site is located on the southeast corner of Panama Lane and Ashe Road The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating the cumulative impacts to air quality, biological resources and traffic are significant. Mr. Nipp is of the opinion the air quality study is flawed in its cumulative analysis, and that the conversion of land from agricultural uses is incorrectly used in the air quality model. In addition, he suggests a traffic study be prepared to evaluate cumulative traffic impacts and that an Environmental Impact Report should be prepared. See Attached Letter. Mr. Nipp spoke at the Planning Commission hearing in opposition to the project. The applicant spoke in favor of the project and agreed to the conditions of approval. There were no other speakers. The San Joaquin Valley Unified Air Pollution Control District submitted correspondence that concurred with the conclusions of the air quality study (CD Background Material). The District submitted an additional letter clarifying their position that it is correct to consider the emissions of ADMINISTRATIVE REPORT Page 2 the existing use (in this case, agriculture) in the air quality study. Thus, Mr. Nipp's opinion that the study was incorrectly prepared is not substantiated. WZI, Inc., consultant, prepared the "Air Quality Impact Study for Tentative Tract Map 6351," (July 2004) (CD Background Material, included in the Initial Study) in accordance with the Southern San Joaquin Valley Unified Air Pollution Control District's (APCD) "Guide to Assessing and Reducing Air Quality Impacts, (GAMAQI) January 10, 2002 version." The study included analysis of construction-related, project-related mobile source, and area source emissions. Total project emissions are 5.82 tons/year for Reactive Organic Gases (ROG) and for 4.83 tons/year Nitrogen Oxides (NOx). These levels are less than the APCD's 10 tons per year thrashold. Mitigation measures for construction equipment exhaust, fugitive dust, and mobile source emissions were incorporated into the project as conditions of approval. JE Admin\oct\l 1-17-6351 ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 J AGENDA SECTION: Hearings ITEM: I~..c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney November 8, 2004 APPROVED DEPARTMENT HEAD ~/",~ CITY ATTORNEY v/'"'~.~ CITY MANAGER ~ Public hearing on Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of 40+ acres located approximately ¼ mile east of Heath Road, ~ mile west of Renfrow Road on'he north side of Stockdale Highway, Bakersfield, California, for the Westside Parkway and West Beltway Interchange project (Code Civ. Proc. § 1245.230) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Code of Civil Procedure section 1245.230 requires that the City Council adopt "a Resolution of Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that certain" · ,, pre-condemnat on requirements be met. Each of these requirements has been met and is set forth in the Resolution. Prior to adopting the Resolution, Code of Civil Procedure section 1245.235 requires that the City Council give each person whose property is to be acquired by eminent domain a reasonable opportunity to appear and be heard on the following: 1. Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the property sought to be acquired is necessary for the project; and 4. Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of the subject property. November 8, 2004, 3:29PM ADMINISTRATIVE REPORT Required notice was provided to the properly owner(s) as set forth in the Resolution. The property is to be acquired in order to develop and construct the Westside Parkway and West Beltway Interchange. The City of Bakersfield is authorized to acquire the property by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure. City staff has been negotiating with the property owner(s) for the better part of a year. During that time, the property owner(s) said, on several occasions, they would be providing a written response to the City's offer that would provide credible basis for an alternate value. To date, the only correspondence we have received was that they would accept an amount that was twice the appraised value. The City will continue to negotiate with the property owner(s) in hopes that we can reach a mutually acceptable agreement. In order for the property owner(s) to appear before the Council, they must have filed a written request to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code Civ. Proc. §1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the right to appear and be heard. The City Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a quorum of the members present). (Code Civ. Proc. §1245.240.) If the City Council adopts the Resolution of Necessity, an action will be filed with the Kern County Superior Court. The City will deposit the amount of the last offer with the court thereby establishing a date of value. VG~AMS:lsc:dll ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 AGENDA SECTION: Deferred Business ITEM: i~.o_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager October 21, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Code Relating to Fireworks (First Reading November 3, 2004) RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the Ordinance. BACKGROUND: The ordinance was given first reading at the City Council meeting of November 3, 2004. 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 proposed by the Committee include: a) Eliminate duplicate applications. Currently organizational subunits within a local non-prefit can submit more than one appiication 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 Department 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 involving 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 of fires. 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 November 5, 2004, 11:27AM P:~L&L~Adrnin Repods~ADM04-11-17-1-FireworksOrdinanceChanges-2ndRdg.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. The only difference between First reading of the ordinance and Second reading is that staff corrected a date within the ordinance to clarify that the new ordinance goes into effect on July 16, 2006. November 5, 2004, 11:27AM P:\L&L~Admin Reports~ADM04-11-17-1 -FireworksOrdinanceChanges-2nd Rdg.doc MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING NOVEMBER 3, 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 (seated at 5:20 p.m.), Hanson, Sullivan (seated at 5:20 p.m.), Salvaggio Absent: None 2. REPORTS/WORKSHOP None. 3. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Five (5) cases: 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. Bakersfield Citizens for Local Control v. City of Bakersfield. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al. 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. Bakersfield, California November 3, 2004 - Page 2 4. CLOSED SESSION Items 3.a. and 3.b. continued Motion by Vice-Mayor Couch to adjourn to Closed Session at 5:16 p.m. Motion by Vice-Mayor Couch to adjourn from Closed Session at 6:00 p.m. RECONVENED MEETING - 6:30 p.m. 4. ROLL CALL ACTION TAKEN APPROVED APPROVED Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. Introduction of Student Body Representatives participating in the 50~ consecutive "Teen City Government Day": Kurt Eilers, West High School, Dustin Powell, Bakersfield Christian High School, Emily Parker, Centennial High School, P, yan Chavez, East Bakersfield High School, Mallori Gibson, Foothill High School, Bennett Rawicki, Games High School, Robert Avalos, Highland High School, Stephanie Hankinson, Liberty High School, Alessandra Lopez-Gutchinson, Bakersfield High School, Stephanie Ojeda, South High School, Sheryline Soares, Ridgeview High School, Ryan Newbrough, Stockdale High School and Jordan Hall, North High School. INVOCATION by Pastor Joe Halbert, Olive Knolls Church of Nazarene. PLEDGE OF ALLEGIANCE by Jonathan Munoz and McKelyn Munoz, Kindergarten and 2r~ Grade Students, respectively, at Buena Vista ~chool. Mayor Hall recognized the Political Science from Bakersfield College in attendance at the meeting. 9o Bakersfield, California November 3, 2004 - Page 3 CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Five (5) cases: 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. Bakersfield Citizens for Local Control v. City of Bakersfield. ACTION TAKEN NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE AC~ON NO REPORTABLE ACTION North Kern Water Storage District, et al v. Kern Delta NO Water Storage District, et al. REPORTABLE ACTION 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. PRESENTATIONS 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". Becky Porter made comments. Presentation by Mayor Hall of Proclamation to Cathy Hansen, President, Bakersfield Council Navy League, proclaiming November 10, 2004, as "United States Marine Band Day". Kathy Hanson of the Navy League accepted the proclamation on behalf of the United States Marine Band. PUBLIC STATEMENTS Terry Veach provided handouts and invited the Council to attend the People First Conference November 12th and 13. NO REPORTABLE ACTION 10. Bakersfield, California November 3, 2004 - Page 4 CONSENT CALENDAR 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 Road (GPA/ZC 04-0439). ACTION TAKEN ORD 4217 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. (GPA/ZC 04-0871) 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. (GPA/ZC 04-0436) 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. (GPAJZC 04-0848) ORD 4218 ORD 4219 ORD 4220 10. Bakersfield, California November 3, 2004 - Page 5 CONSENT CALENDAR continued Resolutions: Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2005. 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. 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. ACTION TAKEN RES 285-04 AGR 04-230 AGR 04-32t AGR 04-322 AGR 04-323 A GR 02-094(2) AGR 04-324 10, Bakersfield, California November 3, 2004 - Page 6 CONSENT CALENDAR continued 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). 1. 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. Motion by Vice-Mayor Couch to approve Consent Calendar Items fO.a. through 10.o., with the removal of item 10.o. for separate consideration. ACTION TAKEN APPROVED 10. 11. Bakersfield, California November 3, 2004 - Page 7 CONSENT CALENDAR continued 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. Motion by Councilmember Carson to approve item 10.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 P,oad 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. APPROVED 11. Bakersfield, California November 3, 2004 - Page 8 CONSENT CALENDAR HEARINGS continued Item 11 .a. continued 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. 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, 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 AmendmentJZone 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. 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). ACTION TAKEN RES 286-04 RES 287-04 RES 288-04 FR 11. Bakersfield, California November 3, 2004 - Page 9 CONSENT CALENDAR HEARINGS continued 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. 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. 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. 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. ACTION TAKEN RES 28g-04 RES 290-04 FR RES 291-04 11. 12, Bakersfield, California November 3, 2004 - Page 10 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. 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 Ddve and Highway 178. Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery Program. Consent Calendar Hearings opened at 6:54 p.m. No one spoke. Consent Calendar Hearings closed at 6:55 p,m. Motion by Vice-Mayor Couch to approve Consent Calendar Hearings ll.a. through fl.h. Recess taken from 6:55 to 7:05 p.m. HEARINGS 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. ACTION TAKEN RES 292-04 RES 293-04 APPROVED 12. Bakersfield, California November 3, 2004 - Page 11 HEARINGS continued Item 12.a. continued 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 comments by Development Services Director Hardisty. Vice-Mayor Couch requested the Planning Commission consider the following conditions: Require lots to be no less than 24,000 square feet in area. Permit keeping some farm animals. Cap on the number of lots in the 18 acre area to ensure compatibility with established area properties. Larger lots to be required on the east and west edges of the area in question. Developer be encouraged to limit construction to one- story dwellings. The Yuro prope~y be incorporated into surrounding areas. Access to the oilwell on the Yuro property be provided without disturbing the neighborhood. Deceleration lane be provided westbound on Snow Rd. turning northbound on to Old Farm Rd. Existing structures to the west, possibly in the road right of way, be protected. ACTION TAKEN Hearing re-opened at 7:08 p.m. Harold Robertson, Porter-Robertson Engineering representing McMillin Homes, David Bedke and Dennis McClain spoke in favor of the staff recommendation. Hearing closed at 7:28 Motion by Vice-Mayor Couch to deny the appeal and return the issue to Planning Commission with requested consideration of issues raised at the hearing. APPROVED 11. Bakersfield, California November 3, 2004 - Page 12 HEARINGS continued Continued Appeal Hearing to consider General Plan AmendmentJZone 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). Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from HR (High Density Residential) and GC (General Commemial) 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 Commemial) to R-2 on 8.82 acres. Staff comments by Development Services Director Hardisty. Hearing re-opened at 7:33 p.m. Roger Mclntosh provided written material and spoke on behalf of Castle & Cooke, California, Darlene Mulkey, Castle & Cooke, California, on behalf of Bruce Freeman, A.J. Jacinto and Candace Thomas spoke in opposition to the staff recommendation. Hearing closed at 7:50 p.m. Motion by Councilmember Sullivan to overturn the Planning Commission decision and uphold the appeal. ACTION TAKEN RES 294-04 FR APPROVED 11. Bakersfield, California November 3, 2004 - Page 13 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. 1. 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.1. and B.2. of Exhibit C in Ordinance No. 4165. Staff comments by Development Services Director Hardisty. Hearing opened at 7:56 p.m. Roger Mclntosh, Mclntosh & Associates, provided written material and spoke in opposition to the staff recommendation. Basil Zuniga submitted petitions and spoke opposing the issue. Additionally, Lucas Dobranski, Sarah McKay and Ken Hammer spoke in opposition to the staff recommendation. Hearing closed at 8:11 p.m. Motion by Vice-Mayor Couch to strike requirement for a pedestrian bridge and other improvements, adopt the Resolution and give first reading to the Ordinance. ACTION TAKEN RES 295-04 FR APPROVED 13. 14. Bakersfield, California November 3, 2004 - Page 14 NEW BUSINESS First Reading of Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. Councilmember Benham presented the Legislative and Litigation Committee recommendations. Councilmember Salvaggio requested Mayor Hall recognize audience members wishing to speak regarding the fireworks issue. Bill Hargrove, Red Devil and TNT Fireworks Companies, spoke opposing the Ordinance changes. Motion by Councilmember Benham to give first reading to the Ordinance. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff investigate posting signs at westbound 24~ Street before Beech and Elm Streets advising motorists not to block exits from those two streets from access to the roadway. Councilmember Hanson congratulated Council seat winners of Tuesday's election. Councilmember Hanson requested, due to the volume of appeals, staff conduct a workshop before the Planning Commission and discuss the City Council's goals and share with the Commission the efforts which will assist in preventing or reducing the number of appeals. Councilmember Carson congratulated incumbent Councilmembers Benham and Sullivan on re-election, Zack Scrivner for election in Ward 7 and expressed appreciation for all the candidates who ran for office. Councilmember Salvaggio congratulated Councilmembers Benham, Hanson and Sullivan on their re-elections, and his successor Zack Scrivner. Councilmember Salvaggio requested staff repair the northbound lane on Wible north of White Ln. Councilmember Salvaggio requested graffiti abatement near the Montessori school on the east side of Wible. ACTION TAKEN FR APPROVED NS SAL VAGGIO t4. 15, Bakersfield, California November 3, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Councilmember Salvaggio thanked Streets for work performed near the Auto Mall. Councilmember Sullivan expressed satisfaction at election results and thanked volunteers in her campaign. Vice-Mayor Couch congratulated the re-elected Councilmembers and Mayor. Vice-Mayor Couch requested staff contact Russ Walker regarding a one-year only C.U.P. approved for the Promenade in 1999 regarding storage containers. Vice-Mayor Couch provided information and requested staff send map/maps to a constituent. Vice-Mayor Couch provided a draft Resolution from KernCOG regarding the redesignation of Hwy. 99 to Interstate status and requested staff review and provide analysis. Vice-Mayor Couch requested staff pursue avenues of implementing the half cent sales tax. Vice-Mayor Couch thanked Castle & Cooke for road work performed on Stockdale Hwy. west of Calloway. Mayor Hall offered congratulations to re-elected Councilmembers and Councilmember elect Zack Scrivner. ADJOURNMENT Mayor Hall adjourned the meeting at 9:15 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, Califomia