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HomeMy WebLinkAbout03/30/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA MARCH 30, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: 1. Anthony Campbell, et al v City, et al. 2. Arlene Sanders and Ken McDaniel v City, et al. 3. Gary Willis v City, et al. c. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (1 case) RECONVENED MEETING - 6:30 p.m. ROLL CALL INVOCATION by Reverend Timothy Grays, Pleasant View Baptist Church. PLEDGE OF ALLEGIANCE by Kevin Hale, 8"h Grade Student at St. Francis School. CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 2-8, 2005 as "Public Health Week". b. Presentation by Councilmember Sue Benham of Mayor's Proclamation to Christine Wood, proclaiming March 30, 2005, as "Christine Wood Day". PUBLIC STATEMENTS CONSENT CALENDAR Minutes: a. Approval of minutes of the February 28, 2005 Special Joint City Council/Kern County Board of Supervisors Meeting and the March 9, 2005 Council Meeting. 5. 6. 7. 8. 10. CONSENT CALENDAR continued 0Nard 4) (VVard 3) (Ward 3) 0Nard 7) 0Nard 7) 0Nard 5) Payments: Approval of department payments from February 25, 2005 to March 17, 2005 in the amount of $12,158,375.92 and self insurance payments from February 25, 2005 to March 17, 2005 in the amount of $320,768.89. Ordinances: First Reading of Ordinance amending Chapter 15.72 of the Municipal Code relating to Historic Preservation Commission. First Reading of Ordinance amending Chapter 5.14 of the Municipal Code relating to applications for and renewal of cabaret permits. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from an A (Agriculture) to E (Estate) on 56.49+ acres, located on the southwest corner of Calloway Drive and Etchart Road: (ZC04-1508)- (Applicant: Dewalt Corporation/Adavco). Adoption of Ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30, 17.31 and 17.58 of the Municipal Code relating to commercial and industrial setback requirements and parking lot lighting. (FR 03/09/05) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-26 from an R-S-10a (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwelling) on 20+_ acres located on the east side of Stine Road between Berkshire Road and Hosking Road. (Applicant: Brimhall Partners, Inc.) (ZC04-1621) (ER 03/'09/05) Adoption of Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19, and 104-20 to change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres, C-2 to R-3 (Limited Multiple-Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2 on 7.20 acres, R-1 to R-3 on 0.26 acres located west of Masterson Street, between Paladino Drive and Highway 178. (ZC03-0746) (Applicant: Mclntosh and Associates representing Mountain View Bravo LLC) (FR 03/09/05) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from an R-1 (One Family Dwelling) to a C-1 (Neighborhood Commercial) zone on 4.03 acres, generally located west of State Highway 99, generally south of Hosking Avenue. (ZC04-0867) (Applicant: Porter-Robertson Engineering representing Jori Balfanz) (FR 03/09/05) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from an A (Agriculture) to a C-2 (Regional Commercial) zone on 14.95 acres, located north of Hosking Avenue, generally west of State Route 99. (ZC04-1322) (Applicant/Owner: Susan Lucas) (FR 03/09/05) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-29 and 123-30 to change the zoning from an A (Agriculture) to an R-1 (One Family Dwelling) zone on 95.94 acres located on the south side of Panama Lane, east and west of Old River Road. (ZC04-1334) (Applicant: The Lusich Co. representing Richard Antongiovanni, et al) (FR 03/09/05) 2 0Nard 7) 10. (~Nard 4) 0Nard 2,4,5) (VVard 2) 0Nard 7) CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from an A (Exclusive Agriculture) to R-1 (One- Family Dwelling) zone on approximately 30 acres located along the north side of Taft Highway/State Route 119 approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road. (ZC04-1346 (Applicant: Mclntosh and Associates representing Workman Brothers) (FR 03/09/05) Resolutions: m. Golden Valley Planned Drainage Area: Resolution adopting the Golden Valley Planned Drainage Area and making findings thereto. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. (FR 03/09/05) Resolution in support of the establishment of a Central San Joaquin Valley Economic Developm. ent Task Force. Resolution in support of the establishment of an Adopt-a-Parkway Program for the maintenance and enhancement of the Kern River Parkway. Resolution levying amending assessment amounts for parcels located in Assessment District 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park Ill). Resolution amending the official list of designated speed zones pursuant to Sections 22357 and 22358 of the California Vehicle Code and Chapter 10.24 of the Municipal Code. Storm Damage and Environmental Clean-up: Resolution dispensing with bidding procedures due to emergency repairs resulting from storm damage and environmental clean-up in downtown Bakersfield, not to exceed $200,000.00. Appropriate $200,000.00 Sewer Enterprise Fund balance to the Capital Improvement Budget. Resolution authorizing the execution of a standard agreement, or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Jacqueline R. Villegas, 1816 Faxon Avenue, to pay sewer connection fee in installments and notice of special assessment lien. Agreement with Leonard P. Pippin and Barbara J. Pippin, 6316 Springdale Drive, to pay sewer connection fee in installments and notice of special assessment lien. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($97,235.00) from the U.S. Department of Justice. 3 10. CONSENT CALENDAR continued (Ward 1) (Ward 2) (Ward 3) (Ward 2) (Ward 5) v. Resolution in support of Senate Bill 926 relating to biosolids. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 485 located south of Meany Avenue, west of Patton Way. Resolution approving annual renewal of support and maintenance services for Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD) software (not to exceed $250,000.00 per year. aa. Resolution adding territory, Area 4-36 (Chester, 2nd NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. bb. Resolution adding territory, Area 4-37 (21st, "R" NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. cc. Resolution of Intention No. 1376 to add territory, Area 4-38 (Columbus, Haley SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1377 to add territory, Area 4-39 (14th, "Q" SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1358 to order the vacation of a portion of Progress Road between Harris Road and Panama Lane. Agreements: (Ward 1,2,4,5,7) dd. (Ward 3) f. Tract Maps and Improvement Agreements: Final Map and Improvement Agreement with Parkview Cottages, LLC, for Tract 6168 located north of 21~ Street and east of R Street. Final Maps Improvement Agreements with Castle & Cooke California, Inc., for Tract 6281 Units 1, 2, and 3 located north of Stockdale Highway and east of Allen Road and east of Wible Road. Final Map and Improvement Agreements with D.N.B. Development Corp., for Tract 6006 Phase 3 located north of McKee Road and east of Wible Road. Final Map and Improvement Agreements with ADH Corporation for Tract 6232 Phase 1 located south of Zephyr Lane and east of South Oswell Street. Final Map and Improvement with Mountain Oaks, Inc., and Pulte Homes Corporation for Tract 6219 located south of Campus Park Drive and west of Mountain Vista Drive. Final Map and Improvement Agreements with Lennar Homes of California for Tract 6077 Unit 12 located north of Olive Drive and east of Jewetta Avenue. Agreement with County of Kern for lease of real property in Northeast Bakersfield for use as a public park. 4 10. (Ward 5) 0Nard 7) (Ward 3) 0Nard 6) CONSENT CALENDAR continued gg. Environmental Impact Report Processing for Gosford Village Project: 1. Agreement with Michael Brandman Associates ($236,359.00) to assist Planning Department staff with the processing of the Environmental Impact Report for project. 2. Appropriate $236,359.00 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs. hh. Environmental Impact Report Processing for Panama 99 Project: Agreement with Michael Brandman Associates ($242,069.00) to assist Planning Department staff with the processing of the Environmental Impact Report for project. Appropriate $242,069.00 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs. ii. Environmental Impact Report Processing for GPNZC P03-0337: Amendment No. 1 to Agreement No. 03-214 ($39,428.00) with General Holdings, Inc. for the preparation of an Environmental Impact Report for GPNZC P03-0337. Amendment No. 1 to Agreement No. 03-215 with Michael Brandman Associates ($39,438.00) for preparation of an Environmental Impact Report for GPNZC P03-0337. jj. kk. II. mm. Appropriate $39,438.00 developer's contribution to the general fund for Development Services operating budget. Environmental Impact Report for General Plan AmendmentJZone Change 04-1746 (Cobblestone & Crossroads): Agreement with Centex Homes ($111,825.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $111,825.00, the developer's contribution, to the Development Services operating budget in the general fund. Agreement with Michael Brandman Associates ($111,825.00) for preparation of an Environmental Impact Report for GPNZC 04-1746. Concurrent Application Processing: Agreement with RBF Consulting (not to exceed $70,000.00) to assist Planning Department staff with the processing of concurrent applications. 2. Appropriate $70,000.00 in revenues to the Development Services operating fund. Cooperative Agreement with State of California Department of Transportation (Caltrans) ($99,226.00) to construct traffic control signals and safety lighting on Ming Avenue at southbound Route 99 ramp. Construction & Maintenance Agreements with Union Pacific Railroad and San Joaquin Valley Railroad for: 2. 3. 4. Sunset Branch at Harris Road ($362,050.00). Buttonwillow Branch at Mountain Vista Drive ($362,050.00). Buttonwillow Branch at Old River Road ($380,313.00). Buttonwillow Branch at Akers Road ($362,050.00). 5 10. 0Nard 1) (Ward 2) (Ward 7) (Ward 3,5,6,7) (Ward 2) CONSENT CALENDAR continued nn. Agreement with Mark Briggs, Grant Consultant ($46,000.00) for preparation of Section 108 Federal Loan Applications and Brownfield Economic Development Initiative (BEDI) Grant Applications. OO. Agreement with Kronick, Moskovitz, Tiedemann & Girard (not to exceed $10,000.00) for legal services. PP. qq. Amendment No. I to Agreement No. CA04-034 with Duane Morris ($65,000.00, total contract not to exceed $80,000.00) for general legal consulting services. Amendment No. I to Agreement No. CA05-003 with Marderosian, Runyon, Cercone, Lehman & Armo ($25,000.00, total contract not to exceed $50,000.00) for legal services regarding Anthony Campbell, et al v City, et al. Fr. Amendment No. 4 to Agreement No. 01-087/RA01-04 with CVE Development, Inc. for modification of the repayment provision for the senior housing project in the Southeast Redevelopment Project Area. ss. Subdivision Plan Checking Services: Amendment No. 1 to Agreement No. 04-210 with Willdan ($130,000.00, total contract not to exceed $280,000.00) for plan checking services. Appropriate $80,000.00 additional plan check revenue and the $50,000.00 contribution to the Public Works Department operating budget within the Development Services Fund. tt. Contract Change Order No. 1 to Agreement No. 04-248 with S.C. Anderson, Inc. ($68,994.57, for a revised contract amount of $2,344,794.57) for the Jefferson Pool Rehabilitation and Wet Play Area. UU. Contract Change Orders to Contract No. 03-208 with Granite Construction Company to construct White Lane at State Route 99 Overcrossing Widening and Interchange improvements: 2. 3. 4. 5. Contract Change Order No. 5 to increase compensation by $267,520.41. Contract Change Order No. 6 to increase compensation by $42,225.50. Contract Change Order No. 7 to increase compensation by $435,406.00. Contract Change Order No. 8 to increase compensation by $102,350.00. Appropriate $850,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. Bids: XX. Accept bid to award contract to A-C Electric Company ($388,877.50, for base bid and additive alternative) for traffic signal interconnect installation - part 1. Accept bids from Fisher Scientific Company LLC (5 items, $84,556.51) and Mayberry Sages (1 item $10,628.54) for decontamination shelters and medical response items for the Fire Department (total $95,185.05). Accept bid to award contract to H & H Engineering Construction, Inc. ($52,910.00, for 4 years) to perform maintenance and repair services for the Amtrak trackage between H Street and Union Avenue. Accept bid from FS3 ($56,987.29) for two (2) replacement Holmatro Rescue Tools (Jaws of Life) for the Fire Department. 6 (Ward 3) 11. (VVard 1 ) (Ward 7) 10. CONSENT CALENDAR continued zz. Sewer Cleaner Truck: Accept bid from Gibbs International ($173,160.49) for one (1) additional Sewer Cleaner Truck, Jet Rodder for the Streets Sewer Division of Public Works. Appropriate and transfer $35,000.00 Sewer Enterprise Fund balance to the Equipment Management Fund. aaa. Refuse Trucks (4): Accept bids from Bakersfield Truck Center ($200,652.95) for one (1) additional front loading refuse truck, and, Gibbs International ($345,778.29) for three (3) additional roll off refuse trucks for the Solid Waste Division of Public Works. 2. Appropriate and transfer $70,000.00 Refuse Fund balance to the Equipment Management Fund. bbb. Reject bid for graffiti trucks (2). Miscellaneous: CCC. ddd. Community Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY02/03), Amendment No. 6 (FY03/04) and Amendment No. 2 (FY04/05). Authorize payment (not to exceed $35,000.00) to Quinn Company for repairs on the D6 Crawler Tractor. eee. Appropriate $1,000.00 developer's contribution to the Development Services budget in the general fund for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6444 in the City in the Hills development. (Developer: K. Hovnanian/Engineer: Pinnacle). fff. Development of a Joint Powers Authority for Metropolitan Area Transfer Station Planning. Staff recommends adoption of Consent Calendar items a through iff. CONSENT CALENDAR HEARINGS General Plan Amendment 04-0838; The City has proposed a general plan amendment on a single lot located at 1909 Maple Avenue. (Staff recommends adoption of resolution) Resolution approving the Notice of Exemption and denying the general plan amendment from LR (Low Density Residential) to HMR (High Medium Residential). General Plan Amendment/Zone Change 04-1326; Porter-Robertson Engineering, on behalf of Marcus Rudnick, LLC c/o Marcia Rudnick (property owner) has proposed a general plan amendment and zone change on 42.7 acres located north of Berkshire Road generally east of South H Street. (Staff recommends adoption of resolution and give first reading to ordinance.) Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use designation from SI (Service Industrial) and LI (Light Industrial) to LR (Low Density Residenital) on 32.7 acres and to LMR (Low Medium Density Residential) on 10 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from M-2 (General Manufacturing) and M-1 (Light Manufacturing) to R-1 (One Family Dwelling) on 32.7 acres and to R-l/PUD (One Family Dwelling/Planned Unit Development) on 10 acres. 11. 0Nard 4) (Ward 5) tSNard 7) 12. (Ward 2) CONSENT CALENDAR HEARINGS continued General Plan AmendmentJZone Change 04-1336; Porter Robertson Engineering, on behalf of Mathew A. Towery, has proposed a general plan amendment and zone change on 13 acres located along the west side of Renfro Road, south of Johnson Road and approximately 700 feet north of Stockdale Highway. (Staff recommends adoption of resolution and give first reading to ordinance.) Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use element from GC (General Commercial) to LR (Low Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C~1 (Neighborhood Commercial) to R-1 (One-Family Dwelling) zone. General Plan AmendmentJZone Change No. 04-1343; Maurice Etchechury, property owner, has proposed a general plan amendment and zone change on 22.5 acres, located north of Snow Road, generally east of Allen Road. (Staff recommends adoption of resolution and give first reading to ordinance.) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from R-MP (Resource-Mineral Petroleum) to SI (Service Industrial). First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-36 from NR-5 (Natural Resource-5 acres minimum) to an M-2 (General Manufacturing) zone. General Plan AmendmentJZone Change 03-1347; SmithTech/USA Inc., on behalf of George Spencer Jr., has proposed a general plan amendment on 36.03 acres and a zone change on two acres, located south of Hosking Avenue, generally east of South Union Avenue. (Staff recommends adoption of resolution and give first reading to ordinance.) Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use element from LMR (Low Medium Density Residential) to LR (Low Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-32 from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on two acres. General Plan AmendmentJZone Change 04-1762; Porter-Robertson Engineering, on behalf of Paul Owhadi, has proposed a general plan amendment to the circulation element to add "collector" alignments within an area south of Panama Lane, west of South "H" Street and north of Hosking Road. (Staff recommends adoption of resolution.) Resolution approving the Notice of Exemption and adopting the general plan amendment to the circulation element. HEARINGS Hearing to consider appeal by Brian and Annette Pellens, of the Board of Zoning Adjustment's denial of a conditional use permit (File No. 04-1721) to increase an existing residential care home for the elderly from 6 to 10 clients, and to reduce the required onsite parking from 10 spaces to 4 tandem spaces in an R-1 (One-Family Residential) zone located at 2485 Spruce Street. Staff recommends adoption of resolution upholding the decision of the Board of Zoning Adjustment and denying the appeal 8 0Nard 1 ) 12. HEARINGS continued General Plan Amendment/Zone Change No. 04-0847; Porter-Robertson Engineering, on behalf of David Wilson, has appealed the Planning Commission's decision denying their request for a zone change on 7.5 acres located at the northwest corner of Brimhall Road and Calloway Drive. Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use designation from SR (Suburban Residential) to OC (Office Commercial). Resolution denying the appeal, approving the Negative Declaration and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-30 to change the zoning from R-S-10A (Residential Suburban 10 acre minimum) to C- O (Professional and Administrative Office). Staff recommends adoption of the resolutions upholding the Planning Commission's decision and denying the appeal. General Plan Amendment/Zone Change No. 04-1328; Jim Childress, on behalf of Tabitha House has proposed a general plan amendment and zone change on 55 acres located at the northeast corner of East Planz Road and Cottonwood Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change the land use element from SI (Service Industrial) to LMR (Low Medium Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-09 from M-2 (General Manufacturing) to R-2 (Limited Multiple-Family Dwelling). Staff recommends adoption of resolution and give first reading to the ordinance. General Plan Amendment/Zone Change 04-1337; SmithTech/USA Inc., on behalf of Joel Frick, et al, has appealed the Planning Commission's decision denying their proposal for a general plan amendment and zone change on 94 acres located along the south side of Panama Lane 2,000 feet east of South Union Avenue and 1,680 feet west of Cottonwood Road. Resolution approving the Negative Declaration, denying the applicant's general plan amendment request and adopting the Planning Commission recommended general plan amendment to change the land use designations from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on approximately 65 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Exclusive Agriculture) to R-1 (One Family Dwelling). Staff recommends adoption of resolution and give first reading to ordinance. 12. (Ward 4) 13. (Ward 2) 14. 15. HEARINGS continued Continued Public Hearing to consider Max P. Bacerra and Associates, on behalf of Rogelio Tolentino, proposal of General Plan AmendmentJZone Change 03-1345 on 18.64 acres located along the northeast corner of Old Farm Road (extended) and Noriega Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC (General Commercial) on five acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A- 20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 13.54 acres and to C-2 (Regional Commercial) on five acres. Staff recommends deferral of this case to the next general plan amendment cycle. REPORTS Oral Report on Bulky Waste Collection Pilot Program. (Staff presentation by Kevin Barnes, Solid Waste DireFtor) Staff recommends Council receive report. b. Community Services Committee Report: 1. Close Beale Park Pool permanently and construct a wet playground at Beale Park. Appropriate $365,000.00 Park Improvement Fund balance to the Capital Improvement Budget for construction of a wet playground at Beale Park. Resolution determining that the wet play equipment for Beale Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000.00. Committee recommends approval of resolution, permanent closure of Beale Park Pool, construction of a wet playground and appropriation. c. Report on status of graffiti efforts. Staff recommends Council determination. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT pi 03/23/05 12:00pm Respectively submitted, Alan Tandy City Manager 10 AGENDA HIGHLIGHTS MARCH 30, 2005 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CLOSED SESSION There will be a performance evaluation of the City Manager. There will also be a conference with legal counsel regarding three items of existing litigation and one item of pending litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. CONSENT CALENDAR Ordinances Item 10c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Historic Preservation Commission Membership and Duties. The City has had a difficult time recruiting members to fill positions on the Commission. This item was referred to the Legislative and Litigation Committee for review by Councilmember Couch. The Committee affirmed the importance of the Commission's goals and concluded that a revision to the Code would be appropriate. The new ordinance would reduce membership from nine to five commissioners, make the term of each commissioner three years and change the mandatory monthly meetings to an "as needed" basis. Resolutions Item 10o. Resolution in Support of the Establishment of an Adopt-a-Parkway Proqram for the Maintenance and Enhancement of the Kern River Parkway. Councilmember Couch asked staff to prepare a resolution of support for establishing an Adopt-a-Parkway program for the Kern River Parkway. Similar guidelines and policies from the Adopt-a-Highway Program will be utilized. The Public Works-Solid Waste Division will oversee the program. Item 1Or. Storm Damaqe and Environmental Clean-up. As a result of the March 4th thunder storm, the AAMCO Transmission Repair Shop at 2425 Chester Avenue flooded, causing a large amount of transmission fluid to spill within an estimated four block area. Storm water drainage within this area is collected in a series of underground storm drains that discharges to the Kern River. The Public Works Director determined, due to the sensitive nature of the Kern River storm drain outfall, this problem to be an emergency. Some portions of the spill area are within the jurisdiction of the California Department of Transportation (CalTrans). When City crews reached the spill site, CalTrans had already dispatched an environmental clean-up crew to contain and mitigate the oil spill within their right-of-way. The Public Works Director determined that this crew was best suited to perform the necessary clean-up work within Bakersfield City jurisdiction, also. The Director authorized this crew to perform the work on a time and materials basis. The Resolution authorizes the dispensing of bidding requirements as set forth in the Municipal Code, with a not to exceed amount of $200,000. Staff is currently taking steps to recover the funds for the cleanup from AAMCO. Item lOv. Resolution in Support of Senate Bill 926 Relatinq to Biosolids. Biosolids are the residues generated during the treatment of domestic sewage, and can have beneficial uses as a fertilizer or soil amendment because it is a good source of nitrogen and organic matter. However, biosolids can also contain pollutants that have passed through the wastewater treatment plant, including heavy metals, hazardous materials, and carcinogens, especially if the biosolids originate from areas with heavy industry. Agenda Highlights March 30, 2005 Page '2 Counties should thus take the responsibility to dispose and/or reuse of the biosolids that they generate within their own jurisdiction. SB 926 would prohibit the exportation of biosolids to another county for disposal or reuse. Aqreements Items lOgg and lOhh. Aqreements with Michael Brandman Associates to Assist Planninq Staff with the Processinq of Environmental Impact Reports for the Gosford Villaqe Proiect {$236,359) and the Panama 99 Proiect ($242,069). As a result of the recent Walmart decision, staff determined that it is necessary to conduct a new EIR for each project site. Staff received one response to a Request for Proposals from Michael Brandman Associates. As with the first EIR, funds to pay the consultant's costs, and staff's time and materials will come from the project applicant. Item lOmm. Construction and Maintenance Aqreements with Union Pacific Railroad and San Joaquin Valley Railroad (total $1,124,463). On August 19, 2004, the City received approval from the California Public Utilities Commission to construct new at-grade crossings at four locations. In order to construct the crossings, the City must enter into a Construction and Maintenance Agreement with the Union Pacific Railroad Company and San Joaquin Valley Railroad. The locations are as follows: 1) Sunset Branch at Harris Road ($362,050); 2) Buttonwillow Branch at Mountain Vista Drive (362,050); 3) Buttonwiltow Branch at Old River Road ($380,313); and 4) Buttonwillow Branch at Akers Road ($362,050). Item lOtt. Contract Chanqe Order No. 1 to Aqreement No. 04-248 with S.C. Anderson Inc. for $68.994.57 (for a revised contract amount of $2,344,794.57) for the Jefferson Pool Rehabilitation and Wet Play Area. This change order will increase the project total by $68,994.57 as summarized on the attachment to the administrative report. The most notable item is the installation of the Vortex Water Management System. This system is more compatible with the Wet Play Area equipment and was requested by the Recreation and Parks Department in order to simplify and save cost on future maintenance. Sufficient funds are budgeted to cover this contract change order. Item lOuu. Contract Chanae Order Nos. 5. 6. 7. and 8 Totalina $847.500.91 to Contract No. 03-208 with Granite Construction Company to Construct White Lane at State Route 99 Overcrossinq Wideninq and Interchanqe Improvements. During the course of construction, several serious design errors were discovered in the Plans and Specifications prepared by URS Corporation. These errors resulted in reconstructing portions of the work to meet Caltrans minimum design standards. In addition, Caitrans requested additional widening on White Lane within their right-of-way to meet minimum shoulder widths per Caltrans design standards. The details of each Contract Change Order are contained within the administrative report. City staff has been trying to collect from URS, but since the matter has reached an impasse, the matter has been turned over to the City Attorney's Office. Bids Item lObbb. Reject Bid for Graffiti Trucks. One bid was received, which did not meet minimum specifications. Staff will evaluate the Department needs and expedite the process of obtaining these two vehicles, which may include waiving normal bidding requirements or purchasing used vehicles suitable for this purpose. Miscellaneous Item lOccco Community Development Block Grant (CDBG) Action Plan Amendments. Economic and Community Development staff is proposing to reprogram CDBG and HOME Investment Partnership Program funds from completed or cancelled projects. A summary of this amendment includes the following program or project changes: 1) shifting new construction assistance from "N" Street to the Old Town Kern Housing Project resulting in an increase of $735,000 for a revised total of $1.135 million; 2) reprogram CHDO monies originally earmarked for Community Action Partnership of Kern Home Rehab Program to Agenda Highlights March 30, 2005 Page 3 funds available for new CHDO projects and new construction assistance in the amount of $100,000; 3) shift Indirect Cost Planning charges from other City Departments to the General Management Oversight Coordination line item in the amount of $150,000; and 4) establish the Southeast Bakersfield Police Satellite Office Construction Project as a separate component of the Fire Station #5 Public Facility under the HUD category of slum and blight remediation. Item lOfff. Development of a Joint Powers Authority for MetroPolitan Area Transfer Station Planninq. At the February 28, 2005 joint meeting of the City Council and the Kern County Board of Supervisors, both staffs were directed to investigate the potential for using a Joint Powers Authority to plan a metropolitan area refuse transfer station, and to report progress to the City Council at the March 30, 2005 meeting. City and County staff have had a series of meetings as part of the Ad Hoc Committee appointed by the Kern County Solid Waste Advisory Committee (SWMAC). The Ad Hoc Committee will report to the SWMAC at its April 8~h meeting, after which SWMAC will make recommendations to the County. Although a JPA is, by definition, a joining of public agency powers and not private companies, the Ad Hoc Committee agrees that transfer station planning should be done with input from the local hauling companies. It was also determined that the JPA should focus only on the transfer station issue. The steps necessary to proceed are included in the administrative report. CONSENT CALENDAR HEARINGS Item 11a. General Plan Amendment for a Sinqle Lot Located at 1909 Maple Avenue. This Amendment was proposed to change the land use designation from Single-family Residential to Multi-family Residential on this one lot. The current zoning is R-2 which permits Multi-family Residential development by right. The owner was in the site plan review process when the inconsistency between the existing zoning and the land use designation was discovered. Staff is currently working on a strategy for addressing these inconsistencies, and agreed to be the applicant in this particular case because it has taken longer than expected to finalize the details. The site is located in a neighborhood comprised primarily of single-family dwellings. Without a General Plan Amendment, only a single-family dwelling may be constructed on the site. There is one four-plax built on this segment of Maple Street, which was built at a time when consistency with the General Plan was not required for this type of development. At a public hearing, a member of the neighborhood spoke against the proposal citing many existing problems (parking, code enforcement issues) which would be exacerbated with this change. The Planning Commissioners denied the request on the grounds that a change to the General Plan on a single small lot in the middle of a block without any apparent extenuating circumstances was ill advised. Staff recommends approving the Notice of Exemption and denying the General Plan Amendment. Item 11b. General Plan Amendment and Zone Chanqe on 42.7 Acres, Located North of Berkshire Road, Generallv East of South H Street. Porter-Robertson Engineering, on behalf of Marcus Rudnick, LLC c/o Marcia Rudnick, the property owner, has proposed this Amendment to allow for the removal of the existing structures on the site which had previously been used for a packing and slaughter facility. The owner wishes to develop residential for the site. There was public opposition to the requested Zone Change who stated that the density of the apartments was not what they wanted on the site. The applicant stated that they would submit another request for small single family residential lots for the site at a later time. For this reason the Planning Commission approved the R-1 zone on the 32 acres and R-l/PUD zone on the 10 acre site, insuring the 10 acres is developed as single family dwellings. Staff recommends approving the Amendment and Zone Change. Agenda Highlights March 30, 2005 Page 4 Item 11co General Plan Amendment and Zone Chanqe on 13 Acres Located alonq the West side of Renfro Road, South of Johnson Road and Approximately 700 Feet North of Stockdale Hiqhway. Porter- Robertson Engineering, on behalf of Mathew A. Towery, requested a LR land use designation, which is consistent with the requested R-1 zoning district. The proposal is to construct 61 single-family dwellings on the site. No one spoke at the hearing. The Planning Commission recommended City Council approval. Itemlld. General Plan Amendment and Zone Chanqe on 22.5 Acres, Located North of Snow RoadI Generally East of Allen Road. Maurice Etchechury, property owner, proposed this Amendment to permit the development of industrial uses. The site is proposed to be annexed to the City. No one was in opposition to the request. The Planning Commission recommended City Council approval. Item 11e. General Plan Amendment on 36.03 Acres and a Zone Chanqe on 2 Acres, Located South of Hoskinq Avenue, Generally East of South Union Avenue. SmithTech/USA Inc., on behalf of George Spencer Jr., proposed this Amendment to permit the development of single-family residential units on the 36.03 acres. The site is being annexed to the City. The 36.03 acres is currently prezoned as R-1 and C-2 on two acres. No one was in opposition to the request. The Planning Commission recommended City Council approval. Item 11f. General Plan Amendment to the Circulation Element to Add "Collector" Aliqnments Within an Area South of Panama Lane, west of South "H" Street and North of Hoskin(] Road. Porter-Robertson Engineering, on behalf of Paul Owhadi, proposed this Amendment to improve the traffic flow. This entire area is designated for intensive land uses and this proposal sets the stage for development. Five people spoke at the Planning Commission meeting and none were in opposition to the proposal. The Commission voted unanimously for approval. HEARINGS Item 12a. Appeal of the Board of Zoninq Adiustment's Denial of a Conditional Use Permit for a Site Located at 2485 Spruce Street. The project applicants, Brian and Annette Pellens, propose to increase an existing residential care home for the elderly from 6 to 10 clients, and to reduce the required onsite parking from 1(~ spaces to 4 tandem spaces in an R-1 (One-Family Residential) zone. The Board of Zoning Adjustment denied the project on the grounds that the increase of clients and support staff would make the home incompatible with the neighborhood's residential character. It would also increase on-street parking demands, require a higher level of municipal services inconsistent of residential homes in the area, and was not essential or desirable to the public welfare. Neighboring residents also objected to the projects for these same reasons. The applicant was the only person that spoke in favor of the request and the record included 3 letters in support. Staff recommends upholding the decision of the Board of Zoning Adjustment and denying the appeal. Item 12b. Appeal of the Planninq Commission's Denial of a Zone Chanqe for the Proposed 7.5-Acre Site Located at the Northwest Corner of Brimhall Road and Calloway Drive. Porter-Robertson Engineering, on behalf of David Wilson, is proposing Office Commercial development on a site is currently vacant. Single- family residences are located adjacent along the northern and western boundaries of the site. The proposed C-O (Professional and Administrative Office) zone would limit the project site to office type uses and require construction of a block wall to separate the use from adjacent residences. The project site is being processed for annexation to the City. The Planning Commission reviewed several options for zoning the property in response to the applicant's request and public comments. These are discussed in the administrative report. There are no other Office Commercial designations within a mile of the project site. The closest designation is located at Stockdale Highway and Calloway Drive. However, numerous concerns were expressed from adjacent residential property owners regarding lighting, noise, and traffic issues associated with the proposat. The Planning Commission denied the proposed zone change with the requirement that the PCD Agenda Highlights March 30, 2005 Page 5 zone be proposed for future office-commercial development. Staff recommends upholding the Planning Commission's decision and denying the appeal. Item 12c. General Plan Amendment and Zone Chan(]e on 55 Acres Located at the Northeast corner of East Planz and Cottonwood Roads. Jim Childress, on behalf of Tabitha House, a Calif. Corp., is proposing Iow medium density residential development. The wastewater treatment plant for the area (Plant No. 2) is located adjacent on the east side of the project site. The property adjacent to the south contains an existing and approved surface mining operation, but staff does not betieve that either operation would conflict with the other. The adjacent properties to the north and south of the project site are currently designated for industrial uses, which staff believes are no longer viable for any sustained industrial development. Most of the properties are currently vacant or do not contain industrial uses. Staff is recommending approval of the project. The proximity of the site to the wastewater treatment plant was not identified as a potential source of nuisance complaints during the hearing by the Planning commission. Subsequent to that hearing, through discussions with Public Works, it was determined that an appropriate buffer should be established within which residential development would be prohibited. Existing residential subdivisions in the area are located further than lA mile from the wastewater treatment clarifiers which would be the source of any odor nuisance. Therefore, staff recommends that the project site within ~ mile of the plant clarifiers be denied a General Plan Amendment and Zone Change to residential. This is approximately 33 acres of the 55-acre site. The remaining 22 acres is recommended for approval of the applicant's requested General Plan Amendment and Zone Change. Development of the site will require a circulation element amendment to realign South Washington Street to the east side of the project site to accomplish the City's desire to use the road to create separation between the treatment plant and adjacent property. City staff will process the amendment as one of the allowed circulation element amendments for 2005. Item 12d. Appeal of the Planninq Commission's Denial of a Proposal for a General Plan Amendment and Zone Chanqe on 94 Acres Located AIonq the South Side of Panama Lane 2,000 Feet East of South Union Avenue and 1,680 Feet West of Cottonwood Road. SMITHTECH/USA, INC., on behalf of Joel Frick, et al, proposes to change land use designations from R-IA (Resource-intensive Agriculture) to LR (Low Density Residential). The northern portion of the site (30 acres) is located within the Airport Land Use B 2 Zone which generally does not permit residential development. As a result, the Planning Commission recommended City Council disapproval of the requested GPA/ZC for that portion of the subject site located within the Airport Land Use B 2 zone. No significant other issues were raised by the public or any affected public agency. Item 12e. General Plan Amendment and Zone Chanqe on 18.64 Acres Located Alonq the Northeast Corner of Old Farm Road {extended) and Nodeqa Road. This hearing was opened at the March 9th Council meeting. The applicant, Max P. Bacerra and Associates on behalf of Rogelio Tolentino, request that this item be deferred to the next General Plan Amendment cycle. REPORTS Item 13a. Oral Report on Bulky Waste Collection Pilot Proqram. Kevin Barnes, Solid Waste Director, will give an oral report on this program. Item 12b. Community Services Committee Report reqardinq the Permanent Closinq of Beale Park Pool and Construction of a Wet Plavqround in its Place. Staff recommends the closure of Beale Pool and building a wet playground in its place for the following reasons: It is over 70 years old which results in very expensive maintenance costs; the foundational aspects of the pool are old and failing; the Kern County Health Department indicates that the "turnove¢' rate is well below standard; and the attendance at Beale Pool was Agenda Highlights March 30, 2005 Page 6 the lowest for recreation swim (4,011) of any City pool in 2004 and was expected to decrease further over time. Closing Beale Pool permanently and constructing a 3,900 square foot wet playground would cost approximately $365,000, including demolition of existing pool and nearby wading pool. Staff recommends constructing the wet playground equipment with Vortex equipment which is currently in use at Wayside Park and is currently being installed at Jefferson Park, Dr. Martin Luther King Park and Planz Park. Sufficient funds are currently available for this purchase in the Capital Improvement Projects budget. Councilmember Benham expressed concern about closing the pool in addition to losing Beale Park band concerts last year. She requested that the City reinstate the band concerts in 2005 so that the loss to neighborhood would be lessened. On February 28, 2005, the Community Services Committee voted unanimously to recommend to the City Council that Beale Pool be permanently closed and construction should begin immediately on a wet playground. The motion also includes a caveat that the Beale Park Band concerts be reinstated for 2005 and that City staff include funds in the FY 05-06 Budget to assist in paying for the concerts. Item 13c. Report on Status of Graffiti Efforts. At the request of Vice Mayor Maggard, staff will give a brief verbal report on the status of graffiti efforts. Approved: John W. Stinson, Assistant City Manager CC: Department Heads Rhonda Smiley, Administrator/PR City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 IAGENDASECTION: Closed Session ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager March 11, 2005 DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1) APPROVED RECOMMENDATION: BACKGROUND: March 11, 2005, 11:05AM S:~Admin Rpts~2005\CM Eva1033005.dot AC:al ADMINISTRATIVE REPORT IMEETING DATE: March 30, 2005  AGENDA SECTION: Closed Session ITEM: TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 16, 2005 DEPARTMENT HEAD CITY ATTORNEY APPROVED SUBJECT: CITY MANAGER~ ~ Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 '1. Anthony Campbell, et al v. City of Bakersfield, et al. USDC, Eastern District, Case No. CIV-F-04-5585 AWl TAG 2. Arlene Sanders and Ken McDaniel v. City of Bakersfield, et al. USDC, Eastern District, Case No. CV-F-04-5541 AWl TAG 3. Gary Willis v. City of Bakersfield, et al. USDC Centr District Case No. CV-04-3098 MRP VG:do S:\COUNCIL\CI Sess~Admins\04-05~2005\03_30_05 Pending.doc 3/16t2005 ADMINISTRATIVE REPORT MEETING DATE: March 30. 2005 AGENDA SECTION: Closed Session ITEM: 5. C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 16, 2005 APPROVED DEPARTMENT HEAD ~/~' CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9 - one case VG:do S:\COUNCIL\CI Sess~Admins\04-05~2005\03.09.05 Potential.doc 3/16/2005 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Presentations ITEM: 9. ,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 16, 2005 DEPARTMENT HEAD ,~OVED CITY A'I-rORN EY CITY MANAGER ~ Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, DirectOr of Public Hea~th Services, Kern County Department of Public Health, proclaiming April 2-8, 2005, as "Public Hea th Week". RECOMMENDATION: BACKGROUND: ndw March 16, 2005, 12:30PM S:\MAYOR~ADMIN\PUBLIC HEALTH WEEK.dot ADMINISTRATIVE REPORT Mt=~- lING DATE: March 30, 2005 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall March 16, 2005 DEPARTMENT HEAD~~'~:~ CITY ATTORNEY CITY MANAGER Presentation by Councilmember Sue Benham of Mayor's Proclamation t'o Christine Wood, proclaiming March 30, 2005, as "Christine Wood Day". RECOMMENDATION: BACKGROUND: ndw March 16, 2005, 12:48PM S:\MAYOR~ADMIN\CHR~STINE WOOD BY BENHAM.dol MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: /O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk March 18, 2005 ~ APPROVED DEPARTMENT HEA_D .~_~ CITY ATTORNEY CITY MANAGER ~ Approval of minutes of the Special Joint City Council/County Board of S~pervisors Meeting February 28, 2005 and the March 9, 2005 Council Meeting. RECOMMENDATION~ Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 IAGENDA SECTION: Consent Calendar ITEM: /(2. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 17, 2005 APPROVED DEPARTMENT HEAD ~Y~ CITY ATTORNEY CITY MANAGER Approval of department payments from February 25, 2005 to March 17, 2005 in the amount of $12,158,375.92 and self insurance payments from February 25, 2005 to March 17, 2005 in the amount of $320,768.89. RECOMMENDATION: Staff recommends approval of payments totaling $12,479,144.81. BACKGROUND: klg March 17, 2005, 4:07PM S:~KimG~orms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: /O, c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna Kunz, Econ. & Comm. Dev. Dir. March 21, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY... CITY MANAGER Ordinance amending Chapter 15.72 of the Bakersfield Municipal Code relating to the Historic Preservation Commission. RECOMMENDATION: Staff recommends first reading of this ordinance. BACKGROUND: For some time now, the City has had a difficult time in recruiting members to fill positions on the Historic Preservation Commission (herein HPC). In fact, this was the subject of a referral by Councilmember Couch last month, who has had an open appointment to the HPC for almost two years. This topic was presented to the Legislative and Litigation Committee for review, discussion, and options. The Committee affirmed the importance of the HPC mission and goals and concluded by a unanimous vote that revision to the City Code would be appropriate. The new ordinance being proposed would reduce HPC membership from nine to five commissioners, make the term of each commissioner three years, and change the mandatory monthly meetings to meetings on an "as needed basis". The positions being eliminated are the four that expire at the end of this month. This will leave five remaining positions--one of which is vacant and will be filled by City Council as soon as possible. It is this position that will have the first three year term under the new ordinance. DKJAMS:Isc S:\COU NClL~Admins~04-05 Admlns\HPC,15.72,040,050.doc MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: 1~. c~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 10, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Ordinance amending Chapter 5.14 of the Bakersfield Municipal applications for and renewal of cabaret permits. RECOMMENDATION: Staff recommends first reading of this ordinance. BACKGROUND: APPROVED Co~e relating to Chapter 5.14 of the Bakersfield Municipal Code deals with the licensing of cabarets and requires that a cabaret must have a permit in order to operate. The proposed amendment corrects the existing ordinance to provide that permits and renewals of permits shall be issued by the Chief of Police. Appeals of the decisions of the Chief of Police shall continue to be directed to the City Manager. MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT I AGENDA SECTION: Consent ITEM: /~). TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 9, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of tt~e Municipal Code and Zoning Map No. 102-06 from an A (Agriculture) to E (Estate) on 56.49+ acres, located on the southwest corner of Cailoway Drive and Etchart Road (Applicant: Dewalt Corporation/Adavco). (ZC 04-1508) (Ward 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On February 17, 2005 the Planning Commission adopted Resolution No. 15-05 recommending approval of a Zone Change from an A (Agriculture) zone to an E (Estate) zone on 56.49_+ acres. The zone change would allow for development of single family homes. At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. No significant environmental impacts related to this project were identified and a Negative Declar.ation is recommended for adoption. Staff recommends adoption of the ordinance approwng the zone change. LP Admin\3-30\1508 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM NO: /0. -~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 3, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER ~ Adoption of an ordinance amending Chapters 17.20, 17.22, 17.24, 17.28;. 17.30, 17.31, and 17.58 of Title 17 of the Bakersfield Municipal Code relating to commercial and industrial setback requirements and parking lot lighting. (Citywide) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council gave first reading of this ordinance on March 9, 2005. The proposed ordinance amendments include changes to setbacks in commercial and industrial zones and to parking lot lighting requirements as follows: Reduce the minimum rear yard of commercial/industrial zones from 20 feet to 0 feet if adjacent to other commercial and industrial zoned properties. If adjacent to residential zones, both the rear and side yards would be a minimum of 20 feet. · Require that the minimum front yard in the M-1 and M-2 zones be 10 feet (to be consistent with the C-O, C-1, C-2 and M-3 zone). Remove the minimum height required for parking lot light poles (currently at 15 feet). Additionally, if the light source is less than 50 feet from residential development, the pole cannot exceed a height of 15 feet. These changes were initially brought before the City Council for first reading on June 27, 2001. It was referred to the Planning and Development Committee at the request of the BIA as one of the changes would increase the wall height from 6 feet to 7 feet between commercial/industrial projects and residential zones. The BIA noted that increasing wall height would not improve buffering pointing to recent project approvals by both the Council and Commission. The additional height would also require special engineering and permits for walls above 6 feet, thereby adding to construction delays and costs. This was the only item of the proposed changes discussed by the Committee. ADMINISTRATIVE REPORT page- 2- At the Planning and Development Committee meeting held on January 26, 2005, the issue concerning wall height was resolved by removing this item from the proposed changes, which keeps the minimum wall height requirement in the ordinance at 6 feet. All remaining changes are unaffected and can be recommended for adoption. The Planning Commission reviewed and approved these changes on May 3, 2001 by a unanimous vote. They also found that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15061 (b)(3) as it can be seen with certainty that there is no possibility that the activity will have a significant affect on the environment (general rule). ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: I 0, ~ . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 9, 2005 APPROVED DEPARTMENT HEAD ,~ CITY ATTORNEY CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of il~e Municipal Code and Zoning Map No. 123-26 from an R-S-10a (Rural Suburban - 10 Acre Minimum) to R-1 (One Family Dwelling) On 20+ Acres, located on the east side of Stine Road, between Berkshire Road and Hosking Avenue (Applicant: Brimhall Partners, Inc.). (ZC 04-1621) (Ward 7). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of this ordinance was conducted on March 9, 2005. On February 3, 2005 the Planning Commission adopted Resolution No. 10-05 recommending approval of a Zone Change from an RS-10A (Rural Suburban - 10 acre minimum) zone to an R-1 (One Family Dwelling) zone on 20+ acres. The zone change would allow for development of single family homes. At the public hearing held before the Planning Commission, no one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. No significant environmental impacts related to this project were identified and a Negative Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving the zone change. LP Admin\mar~3-30-1621 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: I O. ~ . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 16, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY /~/'~/~ CITY MANAGER ~ An Ordinance adopting a Negative Declaration and amending Title 1'~ of the Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19, and 104-20 to change the zoning from C-2 (Regional Commemial) to R-1 (One Family Dwelling) on 16.02 acres, C-2 to R-3 (Limited Multiple-Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2 on 7.20 acres, R-1 to R-3 on 0.26 acres located west of Masterson Street, between Paladino Drive and Highway 178 (ZC 03-0746). (Applicant: Mclntosh and Associates representing Mountain View Bravo LLC) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on March 9, 2005. The City Council adopted Conditions of Approval which are provided in Exhibit C of the Ordinance. This Ordinance reflecis the general plan amendment in the zoning ordinance. MG Admin\3-30-0746-2nd ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 JAGENDA SECTION: Consent ITEM: I0, ~', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services February 14, 2005 APPROVED DEPARTMENT HEAD, ~ c,Ty ATTORNEY CITY MANAGER An Ordinance adopting the Negative Declaration and amending Title 1'~ of the Municipal Code and Zoning Map No. 123-36 from an R-1 (One Family Dwelling) to a C-1 (Neighborhood Commercial) zone on 4.03 acres and from a C-1 (Neighborhood Comme'rcial) to an R-1 (One Family Dwelling) zone on 7.02 acres, generally located west of State Highway 99, generally south of Hosking Avenue (7C 04-0867). (Applicant: Porter- Robertson Engineering representing Jon Balfanz) (Ward 7) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on March 9, 2005. The purpose of the request is to allow for the future expansion of the Hosking/State Highway 99 Interchange. The City is anticipating the development of a 'full' Interchange and the requirement for additional right-of-way acquisition looks eminent along Hosking Avenue. The future acquisition will reduce the commercial area that exists at the site and therefore, the property owner requested the reconfiguration of the commercial and residential designations south of Hosking Avenue, west of SR-99. The land use designations for the area will remain similar to what they currently are and the proposal will permit the development of single family and uses on the site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on December 9, 2004. There were no agencies or the public in opposition to the request. 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 October 27, 2004, in accordance with CEQA. MO Ad min\mar~3-30-0867-2nd ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: I O. j , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services February 14, 2005 APPROVED DEPARTMENT HEAD c,Ty ATTORNEY CITY MANAGER Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from an A (Agriculture) to a C-2 (Regional Commercial) zone on 14.95 acres, located north of Hosking Avenue, generally west of State Route 99 (ZC 04- 1322).' (ApplicantJOwner: Susan Lucas) (Ward 7). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on March 9, 2005. The purpose of the request is to allow for the future expansion of the Hosking/State Highway 99 Interchange. The City is anticipating the development of a 'full' Interchange and the requirement for additional right-of-way acquisition is eminent along Hosking Avenue. The future acquisition will reduce the site and therefore, the property requested the additional commercial north of Hosking Avenue, west of SR-99. There were no agencies or public testimony in opposition to the request. The Planning Commission conducted public hearing(s) on this Zone Change and recommended approval to the City Council on December 9, 2004. There were no agencies or public in opposition to the request. 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 November 1, 2004, in accordance with CEQA. MO Admin\mar\3-30-1322-2nd ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: I {3. tO. TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Stanley C. Grady DEPARTMENT HEAD ~ DATE: February 14, 2005 CITY ATTORNEY SUBJECT: CITY MANAGER Ordinance adopting a Negative Declaration and amending Title 17 of th~ Municipal Code and Zoning Map Nos. 123-29 and 123-30 to change the zoning from an A (Agriculture) to an R-1 (One Family Dwelling) zone on 95.94 acres located on the south side of Panama Lane, ~st and west of Old River Road (ZC 04-1334). (Applicant: The Lusich Co. representing Richard Antongiovanni et al) Ward 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on March 9, 2005. The City Council also adopted conditions of approval which are provided in Exhibit C of the ordinance. This ordinance reflects the general plan amendment in the zoning ordinance. MG Admin\mar\3-30-1334-2nd ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: J O. (. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services February 14, 2005 APPROVED DEPARTMENT HEAD ~c CITY ATTORNEY-l/~ CITY MANAGER Ordinance adopting the Negative Declaration, amending Title 17 of the ~unicipal Code and Zoning Map No. 123-34 from A (Exclusive Agriculture) to R-1 (One-Family Dwelling) on approximately 30 acres located along the north side of Taft Highway/State Route-Il9 approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road (ZC 04- 1346). (Applicant: Mclntosh and Associates representing Workman Brothers) (Ward # 6 Upon Annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council approved the Mitigated Negative Declaration and made first reading of the ordinance on March 9, 2005. Applicant proposes 118 single-family dwelling units on the 30 gross acre site. The Planning Commission conducted a public hearing on this Zone Change and recommended City Council approval on December 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that with mitigation, the project would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared and posted on November 18, 2004. RED Admin\mar~3-30-1346-2nd ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 7, 2005 Golden Valley Planned Drainage Area (Ward 7): APPROVED DEPARTMENTHEAD ~//~ ClTY ATTORNEY ~ CITY MANAGER ~ Resolution adopting the Golden Valley Planned Drainage Area and Making Findings Thereto, Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. (First Reading 3/9/05) RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance. BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the area of Hosking Avenue, between South Union Avenue and east of South "H" Street. The proposed system consists of a pipeline system that will drain water to a central basin. Portions of this system including the basin were built during the construction of Golden Valley High School. The remainder of the funding for the completion of this project and reimbursement would be through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate share of the cost of this project and allow reimbursement to the Kern High School District per agreement. March 7, 2005, 2:13PM G:\GROUPDAT~ADMINRPT~2005\03-30\Golden Valley-Admin_Res of Iht 2nd reading,DOC Cv ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager March 14, 2005 APPROVED DEPARTMENT HEAD ClTY ATTORNEY /~ ClTY MANAGER Resolutionin support ofthe establishmentofa Central San Joaquin Valley Economic DevelopmentTaskForce RECOMMENDATION: Staffrecommendsadoptionoftheresolution. BACKGROUND: A bill has been introduced in the State of California Assembly to establish a Central San Joaquin Valley Economic Task Force to bring the resources of the state to the aid of the economically depressed San Joaquin Valley. President Bush implemented an executive order signed by President Clinton to establish the Federal Interagency Task Force for the Economic Development of the Central San Joaquin Valley. AB 31 will compliment the federal government efforts and will outline the state agencies that should comprise this task force and the duties that they should undertake. A second component of this bill will also include locally led efforts to coordinate and improve existing state and federal efforts for the valley in order to increase the living standards and the overall economic pedormance of the valley. March 14, 2005, 3:36PM AB 31 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: ~ ~. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD_. March 14, 2005 CITY ATTORNEY y~¢'~ CITY MANAGER,_~, Resolution in support of the establishment of an Adopt-a-Parkway Pr(~ram for the maintenance and enhancement of the Kern River Parkway. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Councilmember Couch requested staff prepare a resolution of support for establishing an Adopt-a- Parkway Program for the Kern River Parkway. Similar guidelines and policies from the Adopt-a-Highway program will be utilized for the administration of the Adopt-a-Parkway Program. Implementation of an Adopt-a-Parkway Program will allow for volunteers, sponsor groups, and businesses to assist with clean up and beautification of the Kern River Parkway. The Public Works Solid Waste Division will oversee the program and coordinate appropriate recognition of participants. March 14, 2005, 2:58PM Adopt-a-Parkway ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I O. p. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 23, 2005 APPROVED DEPARTMENT HEAD~_~ CITY ATTORNE¢ ~ CITY MANAGER ~ SUBJECT: Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 04-1(CountrysideFFhe Homestead/Cherry Hill/Olive Park III). (Hard 4) RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On October 20, 2004, Council approved the Resolution 278-04 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield ¢,ssessment District 04-1(Countryside/The Homestead/Cherry H /Olive Park III). The Bond ~ssue amount was estimated to be $4,410,000. Subsequent to the adoption of Resolution 278-04, the actual amount of bonds issued for the distdct was $4,195,000 ($215,000 less than originally estimated). This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. S:\COREY~ADMIN~REDUCTIONLIEN.DOC ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I 0. o0. Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 14, 2005 TO: FROM: DATE: ~PPROVED DEPARTMENT HEAD ClTYATTORNEY ~/~ CITY MANAGER SUBJECT: Resolution-amending the official list of designated speed zones, pursuant to Sections 22357 and 22358 of the Calitbmia Vehicle Code and Chapter 10.24 of the Bakersfield Municipal Code.(Wards 2, 4, & 5) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This resolution establishes speed zones which can be enforced by radar on roadways within the City. The following roadway segments are proposed to have a speed zone change or had been previously established by the County: Speed Existing Proposed Zone )eed ~eed Council Ward #2 Westwind Drive, Truxtun Avenue to 21'~ Street 40mph 35mph Council Ward #4 Calloway Road, Brimhall Road to Shellabarger Road 40mph 45mph Hageman Road, Fruitvale Avenue to Knudsen Drive 65mph 50mph Jewetta Avenue, Reina Road to Snow Road 55mph 50mph Meacham Road/Old Farm Road, Jewetta Avenue to Hageman Road 55mph 45mph Meany Avenue, Coffee Road to Patton Way 55mph 45mph Norris Road, Snow Road to Calloway Drive 55mph 45mph Olive Drive, Allen Road to Jewetta Avenue 65mph 50mph Olive Drive, Calloway Drive to Jewetta Avenue 55mph 50mph Reina Road, Allen Road to Jewetta Avenue 55mph 50mph Riverlakes Drive, Coffee Road to Hageman Road 55mph 40mph Verdugo Lane, Reina Road to Olive Drive 55mph 45mph Council Ward #4 & #5 Ming Avenue, Buena Vista Road to River Run Blvd RJS@3995 G:\GROUPDAT~ADMIN R PT~2005\03-30~March_2005 doc 65mph 50mph ADMINISTRATIVE REPORT Page 2 Meeting Date: March 30, 2005 Agenda Section: Consent Calendar Chapter 7 of the California Vehicle Code (CVC) defines three different speed limits within which ail drivers should obey whether or not signs are erected indicating those speed limits. The three different speed limits are as follows: 1.15 m.p.h. a. At "blind" railroad crossings. (CVC Section 22352.a. 1 ) b. At "blind" intersections. (CVC Section 22352.a.2) c. On any alley. (CVC Section 22352.a.3) 2.25 m.p.h. a. lna "residence" district. (CVC Section 22352.b.1) b.[n a "business" district. (CVC Section 22352.b.1) c.ln a school zone. (CVC Section 22352.b.2) 3.55 m.p.h. Upon a two-lane, undivided highway. (CVC Sections 22349 b., and 40802) 4.65 m.p.h. Any street which does not fall into the categories listed in numbers l, 2 and 3 above. (CVC Sections 22349.a. and 40802) The California State Legislature revised the California Vehicle Code (CVC) effective January l, 1997 to set the maximum speed limit at 65 mph. The CVC allows the 25 m.p.h, speed limit to be raised (Section 22357) or the 65 m.p.h. speed limit to be lowered (Section 22358) to facilitate the smooth orderly flow of traffic. This increase or reduction is done by an "Engineering and Traffic Survey". The survey must be done in accordance with State mandated procedures and must be renewed every five (5) years. The speed limit which is proposed in the subject resolution has been established as a result of an "Engineering and Traffic Survey". RJS@3995 G:\GROU PDATXADMINRPTx2005/03-30~March 2005.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I O .~'. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 14, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Storm Damage and Environmental Clean-Up (Ward 2) AP~,ROVED Resolution dispensing with bidding procedures due to emergency repairs resulting from storm damage and environmental clean-up in downtown Bakersfield, not to exceed $200,000. Appropriate $200,000 Sewer Enterprise Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of resolution and appropriation. BACKGROUND: On March 4, 2005, City crews were dispatched to an area near 24th Street and Chester Avenue because of street flooding caused by a high intensity thunder storm. Staff discovered the Aamco Transmission Repair Shop at 2425 Chester Avenue had flooded, causing a large amount of transmission fluid to spill within an estimated four block area, bounded by H Street on the west, by Chester Avenue on the east, by 26~h Street on the north, and by 23rd Street on the south. Storm water drainage within this area is collected in a series of underground storm drains that discharges to the Kern River. The Public Works Director determined, due to the sensitive nature of the Kern River storm drain outfall, this problem to be an emergency and the work to be performed was of urgent necessity for the preservation of life, health, or property. The portions of 23rd Street and 24th Street within the transmission fluid spill area are within the jurisdiction of the California Department of Transportation (CalTrans). When City crews reached the spill site, CalTrans had dispatched an environmental clean-up crew to contain and mitigate the transmission oil spill within CalTrans right of way. The Public Works Director determined that the CaITrans environmental clean-up crew was best suited to perform the necessary clean-up work within Bakersfield City jurisdiction. The Director authorized this crew to perform the work on a time and materials basis. The attached Resolution authorizes the dispensing of bidding requirements as set forth in Section 3.20.060 of the Bakersfield Municipal Code, with a not to exceed amount of $200,000. City staff is cooperating with the District Attorney's Office to recoup full restitution for the damages resulfing from this situation. March 23, 2005, 8:23AM G:\GROUPDA'r~ADMINRPT~2005\03~09\Emeq~ency Adrnin Draft. DOC ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: tO. 5. TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD (/~ L~_ DATE: March 15, 2005 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the execution of a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development. RECOMMENDATION: Staff recommends approval. BACKGROUND: The California Department of Housing and Community Development (HCD) requires the attached resolution to be executed by the City in order to apply for grant funds available through the Workforce Housing Reward Grant Program. The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve affordable housing. The program was established in 2002 and funded through Proposition 46, the Emergency Shelter Trust Fund Act. The WFH Program does not use a competitive process to award funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified affordable units will determine the final amount of funds available to cities/counties through the program. The WFH program grant funds are restricted for use to only capital asset projects that benefit the community and add to the community's quality of life. The City received grant funds via this program in 2003 in the amount of $314,822, those funds will be used to assist in the construction of The Park at the River Walk. The amount of funds the City could receive will depend on the number of qualified affordable units that the City can document were permitted during 2004, and how many other cities apply statewide. Staff anticipates receiving approximately $180,000 in grant funds, with those funds being used to assist in the construction of the Chester Avenue Streetscape project north of 24~h Street. This resolution authorizes city staff to execute the necessary agreements to receive grant funds after the State determines the amount of the grant funds allocated to City, Attached is a copy of the Standard Agreement that was executed when the City received these grant funds in 2003. S:~,dmins\City Council\Workforce Housing grant admin.doc 3/15/2005 1:18 PM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: RaM M, Rojas, Public Works Director DEPARTMENT HEAD DATE: February 25, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: Sewer Connection Fee Assessments 0Nard 7) : 1. Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Jacqueline R. Villegas, 1816 Faxon Avenue, to pay sewer connection fee in installments and notice of special assessment lien. 3. Agreement with Leonard P. Pippin and Barbara J. Pippin, 6316 Spdngdale Drive, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreements. BACKGROUND: The owners of properties at 1816 Faxon Avenue and 6316 Springdale Drive have connected their properties to the City sewer system. Each has claimed 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 each property owner to spread the connection fee over a three (3) year period to be collected with their 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 February 28, 2005, 9:55AM G:\G ROUP DAT~,DMINRPT~.005~03-30~1816_Fa xon-6316_Springd ale.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: tO. u._. TO: FROM: DATE: Honorable Mayor and City Council William R, Rector, Chief of Police March 18, 2005 APPROVED, DEPARTMENT HEAD~,.~ ~ CITY ATTORNEY ~'~ CITY MANAGER, ~ SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($97,235.00) from the U.S. Department of Justice. RECOMMENDATION: Staff recommends adoption of the proposed Resolution. BACKGROUND: Since 1996 the City of Bakersfield Police Department has applied to and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the L.L.E.B.G. Program helped the City underwrite various projects to reduce crime and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant. "Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LL.E.B.G) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most...JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for ..... law enforcement programs." The City of Bakersfield is eligible for a J.A.G. award in the amount of $97,235.00. Grants from the J.A.G. Program have a term of four years and do not require any match from the City. The grant application will be submitted by April 29, 2005 and the grant will be awarded in FY2005-06. Both revenue and expenditures regarding this grant will be included in the Police Department FY2005-06 Budget. The Bakersfield Police Department will request the grant funds be used to purchase the following: Computer hardware and software (the "MagIC" system from Plant Equipment, Inc.). This system will integrate with the current telephone and digital logging system in the Police Communications Center to create management reports relative to call volume and duration of all incoming and outgoing calls. This technology will also improve our ability to efficiently assign the number of dispatchers necessary to handle the volume of calls during peak times. (Approximate cost is $50,000.00). 2. Mobile Data Computers for the narcotics division supervisors. (Approximate cost is $47,235.00). P:\BPD\GRANTS\J.A,G~ADMIN RPT - 2005~06 BRYNE-JAG APPLICATION.doc March 23, 2005, 2:17PM ADMINISTRATIVE REPORT Prior to submitting the application to the Depadment of Justice, the Bakersfield Police Department must comply with a number of grant conditions including the requirement that the grant application be reviewed by "the governing body of the unit of local government." This agenda item fulfills this requirement. P:\BPD\GRANTS\J.A.G~ADMIN RPT - 2005-06 BRYNE-JAG APPLICATION.doc March 23, 2005, 2:11PM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: [ (3. V, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /-/¢ DATE: March 22, 2005 CITY ATTORNEY ~/~- CITY MANAGER ,, ~ SUBJECT: Resolution of the City of Bakersfield in support of Senate Bill 926 relating to Biosolids. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Biosolids are the residues generated during the treatment of domestic sewage. In the past, large amounts of biosolids were disposed of in the ocean. However, since this practice was shown to be detrimental to our ocean resources, municipalities have been looking for other disposal and beneficial reuse options. Biosolids can have beneficial uses as a fertilizer or soil amendment because it is a good source of nitrogen and organic matter. However, biosolids can also contain pollutants that have passed through the wastewater treatment plant, including heavy metals, hazardous materials, and carcinogens, especially if the biosolids originate from areas with heavy industry. Scientific studies as well as antidotal studies indicate that exposure to biosolids can have significant health effects. Because only a few counties accept the vast majority of biosolids for reuse (including land application and composting), these few counties are being unfairly burdened with a disproportionate amount of the state's risk associated with biosolids. In the name of fairness, counties should thus take the responsibility to dispose and/or reuse of the biosolids that they generate within their own jurisdiction. SB 926 would prohibit the exportation of biosolids to another county for disposal or reuse. Counties will continue to have the ability to adopt local ordinances that are stricter than the state and federal requirements. If there are no feasible disposal or reuse options within the county, the State Water Resources Control Board has the ability to grant an exception, as long as the accepting county is in full agreement. S:\COUNCIL~Admins\04-05 Admins\SLUDGE.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: I Q. W. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 16, 2005 APPROVED DEPARTMENT HEAD ~ c Ty ATTORNEY JO' CITY MANAGER ~ A Resolution of Application proposing proceedings for annexation (~ uninhabited territory to the City of Bakersfield properly identified as Annexation No. 485 located south of Meany Avenue, west of Patton Way. (Ward 4). RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexations are identified as Annexation No. 485 contains 7 acres of land. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land, develop and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." MO Admin\3-30-485roa ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I O. Y-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager March 18, 2005 Resolution approving Annual Renewal APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER of Support and Maintenance Services for Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD) Software Not to Exceed $250,000 Per Year. RECOMMENDATION: Staff recommends adoption of the Resolution BACKGROUND: In May, 2001, Council authorized the purchase of Versaterm's Records Management System (RMS) software to be used by the Police Department. In April, 2002, Council additionally authorized the purchase of Versaterms's Computer Aided Dispatch (CAD) software to be used by the Police Department. The software was a vast improvement over the dispatch and records systems the City had been using. The original purchase included the first year's maintenance on each product. The Records Management System went online in 2002 and the Computer Aided Dispatch System went online in 2003, so maintenance for 2004 is due for the Records Management System. These software products are used by the Police Department to respond to incoming calls, dispatch officers, record information about call and case status in the office and the field, manage property, produce crime and statistical reports, as well as for other functions. They are critical to the proper functioning of the Police Department. Maintenance and support services are critical to keeping the software current, especially in the event of software failure. The cost to renew such services for this year will be approximately $191,000.00 (for both systems). Staff desires the authorization to renew the maintenance and support services this year and annually in the future without further Council action provided that the cost does not exceed $250,000.00. Although this was approved by City Council in January of 2004, there were typographical errors in the Resolution which required that we re-submit the Resolution for your approval. This new Resolution supersedes the one approved in January in its entirety. GG:dll March 18. 2005 - 3:43 PM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I 0 .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 11, 2005 APPROVED. DEPARTMENT "EAD ~ ~ ~-~ CITY MANAGER Resolution adding territory, Area 4-36 (Chester, 2nd NE) to the Consoli~dated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 9, 2005 the Council adopted Resolution of Intention No. 1374 to add territory, Area 4-36 (Chester, 2nd NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for the property at 200 Chester Avenue. Area 4-36 is generally bounded by a line approximately 140 feet north of 2nd Street on the north, a line approximately 155 feet east of Chester Avenue on the east, 2nd Street on the south and Chester Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded. mr March 11, 2005, 1:00PM MD4-36_Est ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: ~ O. 7_.... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 11, 2005 APPROVED DEPARTMENT HEAD (~ ~-- ~.,~- ,~ CITY A'FrORNEY ~' ' C'TY MANAGER ~ Resolution adding territory, Area 4-37 (21st, "R" NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 0Nard 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On March 9, 2005 the Council adopted Resolution of intention No. 1375 to add territory, Area 4-37 (21s~, "R" NE), to the Consolidated MaintenanCe District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6168. Area 4-37 is generally bounded by 23rd Street on the nodh, the Kern Island Canal on the east, 21st Street on the south and "R" Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the subdivision map. mr MD4-37_Est ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I~. o_~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 15, 2005 APPROVED DEPARTMENT HEAD ~,'" t A ORNE¢' CITY MANAGER Resolution of Intention No. 1376 to add territory, Area 4-38 (Columbus, Haley SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 04-0856 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 4-38 is generally bounded by Columbus Street on the north, a line approximately 350 feet east of Haley Street on the east, a line approximately 860 feet south of Columbus Street on the south and Haley Street 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 CounciJ meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion' of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the Parcel Map Waiver. A copy of this covenant is attached for reference. my March 15, 2005, 10:37AM MD4-38Ri05 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: /o. b&, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 11, 2005 APPROVED DEPARTMENT HEAD //~?~ ,_¢;r' ~ CI MANAGER Resolution of Intention No. 1377 to add territory, Area 4-39 (14~h,' "Q" SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 2). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 10972 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 4-39 is generally bounded by a 14~h Street on the north, "Q" Street on the east, 13th Street on the south and "O" Street 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 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. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded. A copy of this covenant is attached for reference. mr March 15. 2005, 10:41AM MD4-39Ri05 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar TEM: 2~2. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 7, 2005 APPROVED DEPARTMENT HEAD. CITY ATTORNEY CITY MANAGER Resolution of intention No. 1358 to order the vacation of Progress Ro~d between Harris Road and Panama Lane within Section 20, T.30S., R.27E., M.D.M. (Ward 5) RECOMMENDATION:" Staff recommends adoption of Resolution. BACKGROUND: Porter Robertson, on behalf of McMillin Albany, LLC, developers of Tract No. 6169 (Phases 1 through 8), has requested the vacating of a portion of Progress Road in compliance with the conditions of their approved Tentative Maps for the tracts. The approved Tentative Maps show that Progress Road shall be vacated from Harris Road and Panama Lane. Progress Road between Harris Road and Panama Lane is not designated as an Arterial or Collector under the Circulation Element of the Metropolitan Bakersfield General Plan. The City Fire, Police, Public Works, Water Resources, Development Services, and Economic Development Departments have been notified and none have objected to the proposed vacation. Public Works notes that no City sewer or storm drain facilities are in the vacating area. The utility companies serving the area have been notified by mail and have indicated they have no facilities in the vacating area. All property owners within a radius of 300 feet of the vacating area have been mailed a preliminary notice of the proposed closing and none have indicated any objections as of the date of this report. The proposed vacation was heard by the Planning Commission at its meeting of October 12, 2004, and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of April 13, 2005, on the proposed vacation. March 7, 2005, 11:20AM Y:\Street Vacations\Progress Rd btwn Hards & Panama\ROI 1358 Admin.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: /d. ~/~, TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 15, 2005 Tract Maps and Improvement Agreements DEPARTMENT HEAD /~ROVED ClTY ATTORNEY ,~ CITY MANAGER o/~z'2 Final Map and Improvement Agreement with Parkview Cottages, LLC, for Tract 6168 located north of 21s'Street and east of R Street. (Ward 2) Final Maps Improvement Agreements with Castle & Cooke California, Inc., for Tract 6281 Units 1, 2, and 3 located north of Stockdale Highway and east of Allen Road. (Ward 4) Final Map and Improvement Agreements with D. N. B. Development Corp. for Tract 6006 Phase 3 located north of McKee Road and east of Wible Road. (Ward 7) Final Map and Improvement Agreements with ADH Corporation for Tract 6232 Phase 1 located south of Zephyr Lane and east of South Oswell Street. (Ward 1) Final Map and Improvement Agreement with Mountain Oaks, Inc., and Pulte Homes Corporation for Tract 6219 located south of Campus Park Drive and west of Mountain Vista Drive. (Ward 5) Final Map and Improvement Agreements with Lennar Homes of California for Tract 6077 Unit 12 located north of Olive Drive and east of Jewetta Avenue. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: td These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. March 22, 2005, 11:01AM G:\GROUPDAT~ADMINRPT~2.005\03-30\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: /o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services Department March 4, 2005 APPROVED DEPARTMENT HEAD '~z-'- CITY ATTORNEY /~ CITY MANAGER ~ Lease agreement with County of Kern for use of real property in NortheaSt Bakersfield for a public park. (VVard 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This lease assists in implementation of the Specific Parks and Trails Plan for Northeast Bakersfield. The lease agreement with the county provides for a 99-year lease for ninety-nine dollars ($99.00) to establish an eight acre park site in the buffer zone for Kern County's China Grade Landfill. The site contains unique view shed characteristics and will connect to the trail system established with the specific plan. The Kern County Board of Supervisors approved the lease agreement on February 22, 2005. The agreement was originally drafted by ordinance and has been approved by the City Attorney's office. The buffer area has no landfill activity, past or present on it. The county purchased the property from an adjacent landowner so homes could not be constructed near the landfill site. New subdivisions in the area will contribute development fees to develop the park, or the city could enter into an agreement with them for park development. The park will satisfy a demand for park acreage created by new development in the northeast. However, use of the landfill buffer zone will save the cost of purchasing eight acres. JM:pjt Admin\3-30-1easeag ree ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 IAGENDA SECTION: Consent , ITEM: TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Stanley C. Grady, Development Services Dir. March 22, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~/'~-~'~ CITY MANAGER (~'-~ Environmental Impact Report Processing: ([4a['d _5) " Agreement with Michael Brandman Associates in the amount of $236,359 to assist Planning Department staff with the processing of the Environmental Impact Report for the Gosford Village Project. Appropriate $236,359 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: As a result of the recent "Walmart" Appellate decision, the City has determined that it is necessary to conduct a new environmental impact report (EIR herein) for each project site. In order to accomplish this step, City Staff prepared a Request for Proposal and circulated it to three environmental consultants that have previously drafted environmental impact reports on behalf of the City. Michael Rrandman Associates is the professional environmental consultant that staff desires to assist the City in the preparation of the EIR for the Gosford Village commercial development. As with the first EIR, the funds to pay for the consultant costs and staff's time and materials to process the EIR will come from the project applicant. The consultant cost for the Gosford Village EIR is $236,359 plus staff administrative costs of $94,641 for a total of $331,000. No City funding is required for this contract. SG:Isc S:~COUNCIL~Admins\04-05 Adrnins\MichaelBrandmanAssocWalrnartEiR.GV.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent TEM: I o. ~. ~. TO: Honorable Mayor and City Council APPROVED FROM: Development Services Dir. DEPARTMENT HEAD ~ Stanley C. Grady, DATE: March 22, 2005 CITY ATTORNEY [-/~- CITY MANAGER (Ward 7) SUBJECT: 1. Environmental Impact Report Processing: Agreement with Michael Brandman Associates in the amount of $242,069 to assist Planning Department staff with the processing of the Environmental Impact Report for the Panama 99 Project. Appropriate $242,069 developer's contribution to the Development Services operating budget in the general fund for the EIR consultant and staff administrative costs. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: As a result of the recent "Walmart" Appellate decision, the City has determined that it is necessary to conduct a new environmental impact report (EIR herein) for each project site. In order to accomplish this step, City Staff prepared a Request for Proposal and circulated it to three environmental consultants that have previously drafted environmental impact reports on behalf of the City. Michael Brandman Associates is the professional environmental consultant that staff desires to assist the City in the preparation of the EIR for the Panama 99 commercial development. As with the first EIR, the funds to pay for the consultant costs and staff's time and materials to process the EIR will come from the project applicant. The consultant cost for the Panama 99 EIR is $242,069 plus staff administrative costs of $97,931 for a total of $340,000. No City funding is required for this contract. SG:Isc S:\COUNCIL~Adminst04-05 Admins~MichaelBrandrnanAssocWalmactEiR.P99.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: ~.~, TO: FROM: DATE: SUBJECT: A. Honorable Mayor and City Council Development Services Department March 22, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Environmental Impact Report Processing for General Plan Amendment/~'one Change P03- 0337. (Ward 3) Amendment No. 1 to Agreement No. 03-214 between General Holdings, Inc. and the City of Bakersfield in the amount of $39,438.00 for the preparation of an Environmental Impact Report. Amendment No. 1 to Agreement No. 03-215 between Michael Brandman Associates and the City of Bakersfield in the amount of $39,438.00 to prepare an Environmental Impact Report for General Plan Amendment/Zone Change No. 03-0337. Appropriate $39,438.00 developer's contribution to the general fund for Development Services operating budget. RECOMMENDATION: Approve amendment to the agreements and appropriation. BACKGROUND: "The Canyons" is an 890 acre commercial/residential development in the hills south of Hart Park. Staff is currently processing an Environmental Impact Report for the project. This very complex land use project has necessitated considerable redesign and environmental work unforeseeable at project initiation. This has caused increases in both staff and consultant time. In light of this, the developer is being required to provide an additional $69,435.00, $29,997.00 to offset staff costs and $39,438.00 for the increased costs for the consultant to prepare the EIR. The original contract (03-224) with General Holdings, Inc. on July 30, 2003, was for $125,270.00 of which $96,362 was for Michael Brandman Associates to prepare the EIR and $28,908.00 for staff's time. This action will increase the contract with Michael Brandman Associates to $189,800.00 and the total contribution from General Holdings to $194,705.00. MG Admin\3-30-agree214_215 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECT!ON: Consent TEM: ~0.,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stantey C. Grady, Development Services March 22, 2005 DEPARTMENT HEAD_, CITY ATTORNEY CITY MANAGER APPROVED Agreement for preparation of an Environmental Impact Report for General Plan Amendment/Zone Change No. 04-1746 (Cobblestone & Crossroads). Agreement between Centex Homes and the City of Bakersfield in the amount of $111,825.00 for the preparation of an Environmental Impact Report (EIR) and appropriate $111,825.00, the developer's contribution, to the Development Services operating Budget in the General Fund. Agreement between Michael Brandman Associates and the City of Bakersfield for $111,825.00 to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 04-1746. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation. BACKGROUND: Centex Homes is proposing a 186.66 acre project called Cobblestone & Crossroads which will be located north and south of Taft Highway/State Route 119 between Stine Road to the east and Ashe Road to the west. As it is within the Metropolitan Bakersfield planning boundaries, but outside of the City's incorporated boundaries, it is the City's intent to annex the project site into the City's incorporated boundaries. Applicant - City Agreement: This agreement acknowledges that Centex Homes will pay for all costs associated with the preparation and completion of the EIR. The total cost of the EIR is $149,100.00 which consists of $111,825 for consulting services and $37,275 to reimburse the city for its costs. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change 04-1746 (Cobblestone & Crossroads development). MAD ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Stanley C. Grady, Development Services March 23, 2005 Concurrent Application Processing: DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Agreement with RBF Consulting (not to exceed $70,000.00) to assist Planning Department staff with the processing of Concurrent Applications. Appropriate $70,000.00 in revenues to the Development Services fund. RECOMMENDATION: Staff recommends approval of the agreement and the appropriation. BACKGROUND: Concurrent Applications, (projects with General Plan Amendments and Zone Changes) are processed quarterly and applications for the next cycle, the 2n~ Quarter of 2005, are currently being submitted. The City of Bakersfield has experienced an incredible rise in the number of Concurrent Applications, as many as a dozen per quarter. At the same time, the number of staff in Planning is 25 percent less than three years ago due to staff vacancies. Recruitment is underway, but it is necessary to outsource processing applications as an interim measure to bridge the gap in staffing levels. To cope with this short term problem, we are proposing to utilize a private consultant to process routine projects. The funding for the consultant would be offset by the fee revenues generated from Concurrent Applications. RBF Consulting has successfully completed several important local projects and is familiar with location conditions, local ordinances and current planning programs that address development issues and is uniquely qualified to provide this service. MG 3-30-rbfagree ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: tQ, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 18, 2005 APPROVED DEPARTMENT HEAD(~ CITY MANAGER Cooperative Agreement with State of California Department of Transp~)rtation (Caltrans) ($99,226.00) to construct traffic control signals and safety lighting on Ming Avenue at southbound Route 99 ramp. (Ward 6) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: This cooperative agreement with Caltrans is to construct a traffic signal on Ming Avenue at the southbound Route 99 ramp. This intersection has experienced a number of traffic collisions over the years and Caltrans, together with the City of Bakersfield, has been working on developing a project to correct the accident problem. This Cooperative Agreement will pay for City's share of the traffic control signals and safety lighting to be constructed at this intersection. Funds have already been budgeted and therefore no appropriation is necessary. Staff recommends approval of this Cooperative Agreement. PW_Jacques Friday, March 18, 2005 - 10:05:32 AM G:\GROUPOAT~AD MINRPT~2005~03.30\Coop Agreement Admin_Ming doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: [ 0. crt TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 17, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Approve four Construction and Maintenance Agreements with Union P~cific Railroad and San Joaquin Valley Railroad at: 1. UPRR Sunset Branch at Harris Road ($362,050) Ward 5: 2. UPRR Buttonwillow Branch at Mountain Vista Drive (362,050) Ward5; 3. UPRR Buttonwillow Branch at Old River Road ($380,313.00) Ward 5; and 4. UPRR Buttonwillow Branch at Akers Road ($362,050) Ward 6 & 7 RECOMMENDATION: Staff recommends approval of Construction and Maintenance Agreements. BACKGROUND: On August 19, 2004, the City received approval from the California Public Utilities Commission to construct new at-grade crossings on the Union Pacific Railroad Sunset Branch at Harris Road and on the Union Pacific Railroad Buttonwillow Branch at Mountain Vista Drive, Old River Road and Akers Road. In order to construct the at-grade crossings, the City must enter into a Construction and Maintenance Agreement with the Union Pacific Railroad Company and San Joaquin Valley Railroad. After several reviews by both Union Pacific Railroad and San Joaquin Valley Railroad, the City has received approval of the language in the Construction and Maintenance Agreements. Sufficient funds are budgeted within the Transportation Development Fund to cover the costs associated with the agreements. March 22, 2005, 12:08PM G:\GROUPDA'r~ADMINRPT~2005\03-30\Const_Maint Agreements at-grade xing.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: t(~. r TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director March 21, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~" CITY MANAGER ~ Agreement with Mark Briggs, Grant Consultant for $46,000 to Prepare Section 108 Federal Loan Applications and Brownfield Economic Development Initiative (BEDI) Grant Applications. RECOMMENDATION: Staff recommends approval. BACKGROUND: On February 9, 2005, staff submitted to the Budget and Finance Committee, a financial plan that identifies sources for funds available to construct a new fire station in the Southeast and to initiate a new mixed use redevelopment project planned along the Kern Island Canal near California Avenue and "Q" Streets - the south end of the "Mill Creek". One key component of the financial plan identified the use of a federal Section 108 Loan and suggested the submittal of a competitive Brownfield Economic Development Grant application through HUD. The Budget and Finance Committee directed City staff to proceed with the required loan and grant applications. The federal Section 108 Loan program is one of the most cost effective financing alternatives for public facilities and economic development activities. CDBG entitlement jurisdictions like Bakersfield may borrow up to 5 times their annual CDBG entitlement amount under this loan program. The Section 108 loan works like borrowing from the block grant. It provides capital funds up front to allow cities to undertake large projects and can be repaid over 20 years. The City of Bakersfield currently has $5.9 million of outstanding Section 108 Loans and a borrowing capacity of $19.5 million (5X current entitlement). The financial plan approved by the Budget and Finance Committee requires two Section 108 loans, a $1.6 million loan for the Fire Station and a $3.1 million loan for the economic development project. The loans are proposed to be repaid over 20 years from revenues generated from current and future Southeast Redevelopment Project Area Tax Increment. The economic development project is also eligible for funding from a competitive based c, ompanion grant called the Brownfield Economic Development Initiative (BEDI). The Notice of Funds available (NOFA) was recently released by HUD for the upcoming rounds of competitive BEDI Grant applications and it is due June 15, 2005. The 8EDI grant can only be applied for in conjunction with a section 108 loan and is restricted for economic development activities. The financial plan calls for the submittal of $1 million dollars of BEDI grant funds with the $3.1 million economic development Section 108 loan. The BEDI S:~Admins\City Council\BriggsSec108SE BI3. lm031705.doc 3/21/2005 8:24 AM ADMINISTRATIVE REPORT Page 2 grant funds may be used for property acquisition, relocation, demolition, construction and may be used to debt service the Section 108 loan while the economic development project is under development. You will recall the City received a competitive BEDI grant in the amount of $250,000 for the Baker Street Mixed Use Project which was used for land acquisition in conjunction with a $1.0 million Section 108 loan. The BEDI grant application is lengthy and requires a great deal of expertise in order to submit a competitive application. Mark Briggs and Associates is a consulting firm that specializes in the preparation of BEDI grant applications and successfully prepared our previous application for Baker Street. In order to increase our chances of a successful BEDI application, staff would like to retain Mr. Brigg's services for this application round. With the future uncertainty of the BEDi program, this may be our final opportunity to compete for these funds. Mr. Briggs will prepare both the BEDI application and the Section 108 Loan application for the economic development proiect. The Section 108 loan application (a much simpler application and non competitive application) required for the Fire Station project will be prepared and submitted by Economic and Community Development staff prior to the June 15, 2005 deadline. The fire station loan is classified by the HUD as a public facilities loan and is not evaluated on a competitive basis. S:~Adrnins\City Council~BriggsSec108BEO13.1m031705.doc 3/21/20058:24 AM MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT I ITEM: [0. (3o, AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: March 22, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Agreement between City of Bakersfield and Kronick, Mosk~vitz, Tiedemann & Girard for legal services not to exceed $10,000. RECOMMENDATION: Staff recommends approval of agreement BACKGROUND: At the March Legislation and Litigation Committee meeting, the Committee discussed the recent referral by Councilmembers Couch and Hanson concerning increased penalties for graffiti, littering, and illegal dumping. A wdtten response to the referral was provided by the City Attorney's Office. The Legislative and Litigation discussed the referral and response in depth. It was mentioned that one of the suggestions from the Ad Hoc Task Force on Downtown Security Issues, formed by Councilmember Benham last year, was a Community Prosecutor. This suggestion was approved by the City Council. As explained by the City Attorney at the Legislation and Litigation Committee, a Community Prosecutor can take many forms. The current goal is to try to develop a Community Prosecution Team over time. This team would be composed of 2 to 3 attorneys and support staff. The first priority would be to enforce the civil penalties which our current graffiti ordinance authorizes. The second level of priority would be given to working closely with the Distdct Attorney to help prosecute penal code crimes--with particular emphasis on City related infractions and misdemeanors, such as peace disturbances, public intoxication, selling alcohol to minors, speed contest, public urination, misdemeanor assaults, indecent exposure, and other violations of the Bakersfield Municipal Code. The third level of attention would be to find solutions to other areas of City Council issues such as red-light abatement issues, panhandling, impounding cars in the furtherance of illegal dumping and/or prostitution, curfews, etc. The Legislation and Litigation Committee instructed the City Attorney to return to the Committee at a later meeting with a feasibility plan to implement the Community Prosecution Team concept. In the meantime, the attached contract will implement the first step towards a community prosecution program and that is the enforcement/collection of graffiti civil penalties as allowed by our Code. This work will be outsourced with the local firm of Kronick, Moskovitz, and Teidemann & Girard on a trial, one month basis. S:\COUNCt L~Admins\04-05 Admins\Ora ffitiprosecution 1 .doc March 22. 2005 - 9:16 AM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar I TEM: lC. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: March 23, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Approval of Amendment No. One (1) to Consulting Agreement No. CA04-034 between the City of Bakersfield and Duane Morris for General Consulting Services for an additional $65,000 for a total amount not to exceed $80,000. RECOMMENDATION: Staffrecommendsadoption. BACKGROUND: In August of 2004, City Council approved a General Consulting Agreement with the Law Offices of Duane Morris in San Francisco. Duane Morris has successfully handled several large matters on behalf of the City of Bakersfield in the past; namely, representation of the City in the First Point (Water) Case, several railroad matters before the PUC, and the issue with North American Power Group before the PUC. Currently, there are several items of interest pending in Sacramento that may have an impact on the City of Bakersfield. For example, there is movement to modify pension plans, various thoughts on how to best implement worker compensation reform, new proposals for booking fees, and of course, on-going concern as to how the state will deal with its budget deficit and whether another "take" of local monies is planned. In addition, Duane Morris remains available to assist the City in matters concerning the power plant, as well as miscellaneous LAFCO issues. Being located in San Francisco, and having strategic contacts in Sacramento, as well as a public affair's employee, Duane Morris can help us stay in touch with legislative actions which will hopefully provide staff with ample time to take appropriate action. This contract amendment proposes to continue the consulting relationship with Duane Morris through the month of June in order to remain active in the above-mentioned matters. ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: I C>. ~b~' TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney March 22, 2005 DEPARTMENT HEAD CITY ATTORNEY APPROVED SUBJECT: CITY MANAGER _d~'.) Amendment No. 1 to Agreement No. CA05~003 with outside counsel, Marderosian, Runyon, Cercone, Lehman & Armo for legal services in the matter of Anthony Campbell, et al .¥. City of Bakersfield, et al, USDC, Eastern District, Case No. ClV-F-04-5585 AWl TAG, in the amount of $25,000, with a total contract amount not to exceed $50,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The City acquired the services of the firm of Marderosian, Runyon, Cercone, Lehman & Armo to handle the above-entitled complex case outside the cap. This Amendment No. 1 to Agreement No. CA05-003 would add $25,000 to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $50,000. March 22, 2005, 8:12AM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: ~ 0,~' Y'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director March 14, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER _~ Amendment No. 4 to Agreement No. 01-087/RA01-04 with CVE Development, Inc. for modification of the repayment provision for the senior housing project in the Southeast Redevelopment Project Area. (Ward 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: Capital Vision Equities (CVE) is developing 180 units of affordable senior housing south of California Avenue in the Southeast Redevelopment Project Area. The project was financially assisted with City HOME funds and Downtown Redevelopment Project Area Housing Set-aside funds in addition to substantial federal tax credits awarded in the fall of 2002. The timeline of this project has been unusually long due to the financial complexities and the many private acquisitions and relocations that were required to assemble the site. In December 2004, the first of three 60 unit buildings was completed and the units are now ready for occupancy. The two remaining buildings will be completed by March, 2005. As part of the original agreement, CVE would assign all rights and obligation to a limited partnership (LP.) as long as CVE was a general partner. In May 2003, Amendment #2 to Agreement No. 01-087/RA 01-3 was approved to modify the tax repayment provision of the agreement from 24 annual payments of $60,000 (for a total of $1,440,000) to the Agency to two equal installments of $360,000. The first installment was received by the Agency in October, 2003. The second installment is due on or before April 1, 2005 in conjunction with the closing of the permanent loan for the housing complex. CVE and the L.P. have requested the modification of the third and fourth installment. They are requesting to submit one partial payment of ($120,000) immediately; the third and forth installments of ($120,000) each would be due on April 1, 2006 and April 1, 2007 respectively. If the payments are not received on the due date, the LP. would pay a $1,500 per day late fee. According to CVE and the L.P., this repayment schedule would ease the severe financial pressure affecting the project due to cost increases and necessary change orders to complete the project. Staff has reviewed this request and supports the revised repayment terms as outlined under the amendment to the agreement. The Bakersfield Redevelopment Agency approved the Agreement at their March 14, 2005 meeting. S:~Admins\City Council\CVE Amendment IfA.doc 3/14/2005 1:34 PM MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT I ITEM: H3 AGENDA SECTION Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 9, 2005 Subdivision Plan Checking Services: 1. AP. PROVED DEPARTMENT HEAD CITY ATI'ORNEY ,~ CITY MANAGER Amendment No. I to Agreement No. 04-210 with Willdan ($130,000; total contract amount not to exceed $280,000) for plan checking services. Appropriate $80,000 additional plan check revenue and $50,000 contribution to the Public Works Department operating budget within the Development Services Fund. RECOMMENDATION: Staff recommends approval of amendment and appropriation. BACKGROUND: The Subdivision Section of the Public Works Department received an unprecedented number of submittals for planchecking and hired Willdan for contract plan checking services. The BuiJding Industry Association (BIA) funded this service through a donation. There is additional $50,000 left in the BIA account for plan checking This amendment to the Willdan agreement provides for continued plan checking services. The total amount of this amendment is $130,000. This changes the original agreement amount of $150,000 to a total amount of $280,000. March 22, 2005, 4:58PM G:\GROUPDA'F~DMINRP'P,2005~03-30~mend Agreement Wildan.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: Ih. 4+--. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /'~._.~ DATE: February 24, 2005 CITY ATTORNEY ~/~' cm, MANAGER ¢2, T5 SUBJECT: Contract Change Order No. 1 to Agreement No. 04-248 with S.C. "Anderson Inc. for $68,994.57 (for a revised contract amount of $2,344,794.57) for the Jefferson Pool Rehabilitation and Wet Play Area. (Ward 2) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: Construction of the Jefferson Pool Rehabilitation and Wet Play Area was awarded to SC Anderson, Inc., at the August 18, 2004 Council meeting. The awarded contract amount was $2,275,800. This is the first contract change order to be submitted for the project. This change order will increase the project total by $68,994.57 as summarized on the attached contract change order. This represents an increase of 3% of the original contract amount. The item of most note in this change order is the installation of the Vortex Water Management System. This system is more compatible with the Wet Play Area equipment and was requested by the Recreation and Parks Department in order to simplify and save cost on future maintenance. This Water Management System is currently being used and installed on other Wet Play Areas. The change order to date on this project reflects a net increase of $68,994.57 as illustrated below: · Original Contract Amount = $2,275,800.00 · Amended Contract Amt after Change Order = $2,344,794.57 · Net Increase -- $ 68,994.57 Sufficient funds are budgeted to cover this contract change order. Rick_M~Construction 3/22/2005 12:01:32 PM G:\GROU PDAT~ADMINRPT~2005~03-301Jefferson Pool and Wet Play - CCC 1 .doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: ~O. ~- ~x.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 17, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Contract No. 03-208 with Granite Construction Company to construct ~Vhite Lane at State Route 99 Overcrossing Widening and Interchange Improvements 0Nard 7): 1. Contract Change Order No. 5 to increase compensation by $267,520.41. 2. .Contract Change Order No. 6 to increase compensation by $42,225.50. 3. Contract Change Order No. 7 to increase compensation by $435,406.00. 4. Contract Change Order No. 8 to increase compensation by $102,350.00. 5. Appropriate $850,000 Transportation Development Fund Balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of contract change orders and appropriation. BACKGROUND: On July 9, 2003, the City of Bakersfield entered into agreement with Granite Construction Company inc. for the construction of White Lane at State Route 99 Overcrossing Widening and Interchange Improvement project. During the course of construction, several design errors were discovered in the Plans and Specifications prepared by the City's Design Consultant, URS Corporation. These errors resulted in reconstructing portions of the work to meet Caltrans minimum design standards which were not met in the original plans and specifications prepared by URS Corporation. In addition, Caltrans requested additional widening on White Lane within Caltrans right of way to meet minimum shoulder widths per Caltrans design standards. Contract Change Order (CCO) No. 5 addresses the relocation of the northbound off-ramp and the eastbound to northbound on-ramp. Due to errors in the design, the eastbound to northbound on-ramp was required to be shifted to the southeast to meet minimum design standards. This relocation also required the northbound off-ramp to be shifted to the east. Both ramps were ready to receive pavement when this error was discovered. CCC) No. 6 addresses additional shoulder widening on White Lane within Caltrans right of way which was requested by Caltrans to meet their minimum design standards. Through early development stages, preliminary engineering and preparation of construction plans for this project, Caltrans did not mention the need for shoulders on White Lane in any of their reviews or approvals. However, during construction, Caltrans realized there were no shoulders prepared and required the addition of the shoulders on White Lane to meet minimum design standards. In addition, this CCO addresses the elimination of irrigation and landscape along the southbound on-ramps which will be performed under a following contract to reconstruct the eastbound to southbound on-ramp. March 23, 2005, 8:26AM G:\GROUPDAT~ADMINRP'F~2005\03-30\White Lane CCO Adrnrpt Amendemt.doc ADMINISTRATIVE REPORT CCO No. 7 addresses the reconstruction/resurfacing of White Lane from Wible Road to Hughes Lane. During construction of Caltran's southbound off-ramp project and the City's interchange improvement project, it became apparent to Caltrans and URS that the cross slope of White Lane did not meet Caltrans minimum design standards. The City requested a design exception from Caltrans which was not approved. To correct the cross slope through Caltrans right of way, the City's contractor has to grind down the existing surface, reconstruct portions and then resurface the entire interchange area. The City has included the segment from the interchange to Hughes. This non-standard cross slope also resulted in the need to reconstruct the eastbound to southbound on-ramp which will be accomplished with a project within one year of completion of this project. CCO No. 8 addresses the grinding and resurfacing of the south side of the bridge deck surface on White Lane over State Route 99. Due to design errors for the bridge deck widening, the cross slope on the bridge deck does not meet Caltrans minimum design standards. The old bridge de~k is required to be resurfaced with a light weight concrete to raise the profile to meet minimum design standards. An additional CCO will be required for the Contractor's time related overhead costs once construction is complete and an analysis can be performed on the contractor's expenses for this contract. Contract change orders 5 and 8 are a direct result of URS design errors. In addition, a portion of the time related overhead costs are expected to be reimbursed. City staff has been trying to collect from URS, but since the matter has reached an impasse, the matter has been turned over to the City Attorney's Office. March 23, 2005, 8:26AM G:\GROUPDAT~ADMINRP'I~2005\03-30\White Lane CCO Admrpt Amendemt.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 ~ AGENDA SECTION: Consent Calendar ITEM: I o. ¥ v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 16, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY~ CITY MANAGER Accept bid to award contract for Base Bid and Additive Alternate No.1 to A-C Electric Company in the amount of $388,877.50 for the Traffic Signal Interconnect Installation - Part 1. {wards 3,5,6,7) RECOMMENDATION: Staffrecommendsacceptanceoflow BaseBidplusAdditiveAIternateNo. landawardofcontract. BACKGROUND: This project will install traffic signal interconnect conduit and wiring along Ashe Rd. between Club View Dr. and N Half Moon Dr., Mt. Vernon Ave. between Highway 178 and Panorama Dr., South "H" St. between Panama Ln. and White Ln., and Stine Rd. between Harris Rd. and White Ln. With this new interconnect installed, the traffic signal timing along these street segments can be optimized to improve traffic flow and reduce waiting times. This traffic signal interconnect project will be funded with by the Congestion Mitigation and Air Quality Program (CMAQ) funds. The Federal portion of this project will be 88.53% of the total project cost while the City of Bakersfield will pay 11.47% of the total project cost thru gas tax revenues. The Engineer's Estimate for the Base Bid plus Additive Alternate No.1 is $337,000.00. Three (3) acceptable bids were received on Thursday, March 3, 2005, as listed below: A-C Electric Company P.O. Box 1834 Bakersfield, CA 93303 (City) M.G.E. Underground P.O. Box 1489 Paso Robles, CA 93447 (Out of Town) Golden State Utility Company P.O. Box 2968 Turlock, CA 95381 (Out of Town) Base Bid Additive Alternate No. 1 Project Total Base Bid Additive Alternate No.1 Project Total Base Bid Additive Alternate No. 1 Project Total $23O,957.50 $157,920.00 $388,877.50 $271,366.00 $160,962.50 $432,328.50 $329,360.00 $164,035.00 $493,395.00 March 18, 2005, 9:36AM S:~Traffic Ops\interconnect\T2K045 (TSK150)~Admin Rpt T5K150.doc MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: tO. YJ w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 17, 2005 APPROVED DEPARTMENTHEAD.~/~-~--~,~-.. CITY ATTORNEY ~ ClTY MANAGER ~ bids from Fisher Scientific Company LLC (5 items $84,556.51) and Mayberry Sales ~lC~t~Pmt $10,628.54) for Decontamination Shelters and Medical Response Items for the Fire Department. Total $95,185.05. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to twelve (12) vendors. Three (3) bids were received, in order to get the best price, staff recommends the award be split as follows (spreadsheet attached). These items are being purchased by the Fire Department with grant funds and the items will be distributed to local hospitals for use in emergencies. Fisher Scientific Company LLC 2000 Park Lane Drive Pittsburgh, PA 15275-1126 Mayberry Sales 232 Main Street Port Murray, NJ 07865 (5 items) in the amount of $84,556.51 (1 item) in the amount of $10,628.54 Purchasing Division KB:Ijm P:~,DMIN~2005 ADMIN~C05_0330_E_Decon Shelters & Medical Response Items.doc March 17, 2005 REVISED 3:52:03 PM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ~/~,~.OVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: March 17,2005 CITY ATTORNEY [~7C~ CITY MANAGER ~ SUBJECT: Accept bid to award contract to H & H Engineering Construction, Inc. (~$52,910.00)for four years) to perform the Bakersfield Amtrak Railroad Maintenance and Repair services for the Amtrak trackage between H Street and Union Avenue. (Ward 2) RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract. BACKGROUND: The previous Bakersfield Amtrak Railroad maintenance and repair contract terminated on January 31, 2005. This new four year contract will commence on April 1, 2005 and run thru March 31, 2009. Work under this agreement consists of two pads: scheduled annual maintenance work and repairs when track becomes damaged. The annual maintenance rate is guaranteed for the next four years. The repair work will be performed on an as-needed basis. The contract amount includes all of the scheduled annual maintenance work for the term of the agreement and an allotment towards repairs. These costs are reimbursable under the Public Transit Claim Funds as monitored by KernCOG. One acceptable bid was received on March 1, 2005 as follows: H & H Engineering Construction, Inc. 212 Industrial Drive Stockton, CA 95206 (Out of town) in amount of $52,910.00 /pw/design engr/adr March 17. 2005, 12:12PM G:\GROUPDAT~ADMINRP'r~.005\03-30~.m trakRailroad MaintenanceAnd Repair.dot ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 IAGENDA SECTION: Consent Calendar ITEM: ~ 0...~ ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 10, 2005 APPROVED DEPARTMENT HEAD .~ ~ ~"~'~' CITY ATTORNEY CITY MANAGER Accept bid from FS3, for two (2) replacement Holmatro (Jaws of Life) Rescue Tools, for the Fire Department, for a total cost of $56,987.29. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to nine (9) vendors. Two (2) bids were received, as follows: FS3 P O Box 10817 Santa Aha, CA 92711-0817 Santiam Emergency Equipment, Incorporated P O Box 13585 Salem, OR 97309 in the amount of in the amount of $56,987.29 $67,331.23 Purchasing Division KB:Ijm S:\PURCI"I~ADMIN~C05_0330_A_Holrnatro Rescue Tools.doc March 22, 2005 Revised ADMINISTRATIVE REPORT MEETING DATE: March 30.2005 AGENDA SECTION: Consent Calendar ITEM: lO- Z- Z.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 22, 2005 APPROVED DEPARTMENT HEAD ,,~~ CITY ATTORNEY CITY MANAGER Sewer Cleaner Truck - Accept bid and appropriate funds. 1) Accept bid from Gibbs International $173,160.49 for one (1) additional Sewer Cleaner Truck, Jet Rodder for the Streets Sewer Division of Public Works. 2) Appropriate and transfer $35,000.00 Sewer Enterprise Fund balance to the Equipment Management Fund. RECOMMENDATION: Staff recommends acceptance of bid and approval of appropriation. BACKGROUND: Invitations to bid were sent to nine (9) vendors. Two acceptable bids were received as follows: Gibbs International 3525 Buck Owens Boulevard Bakersfield, CA 93308 (City) Municipal Maintenance Equipment 2360 Harvard Street Sacramento, CA 95815 (County) in the amount of in the amount of $173,160.49 $174,581.55 Purchasing Division KB:ljm S:\PU RCH'~A DMIN~C05_0330_A_SewerCleanerTruck. doc March 22. 2005 Revised ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: /0.~,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 22, 2005 APPROVED DEPARTMENT HEAD ~ CITY A'I-FORNEY CITY MANAGER Refuse Trucks (4) - Accept bids and appropriate funds. 1) Accept bids from Bakersfield Truck Center $200,652.95 for one (1) additional front loading Refuse Truck, and Gibbs International $345,778.29 for three (3) additional roll off Refuse Trucks for Solid Waste Division of Public Works. Total $546,431.24 2) Appropriate and transfer $70,000.00 Refuse Fund balance to the Equipment Management Fund. RECOMMENDATION: Staff recommends acceptance of bids and approval of appropriation. BACKGROUND: Invitations to bid on Refuse Trucks (one front loading and three roll off) were sent to eight (8) vendors. Two bids were received as follows: Bakersfield Truck Center 8140 Golden State Hwy. Bakersfield, CA 93308 Gibbs International 3525 Buck Owens Bird Bakersfield, CA 93308 Front Loading (1) Roll Off (3) (County) $200,652.95 $368,406.97 (City) no bid $345,778.29 Purchasing Division KB:lira S:\PU RCH\ADMIN\CO5_O330_A_RefuseTrucks.doc March 22, 2005 Revised ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 IITEM: /0. bbb. AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director March 16, 2005 Reject bid for Graffiti Trucks (Z). APPROVED DEP^R MENT.EAD,C / --C_ y_. CITY ATTORNEY ~ CITY MANAGER ~ RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: One (1) bid was received which did not meet minimum specifications. Staff will re-evaluate the department needs and expedite the process of obtaining these two (2) vehicles, which may include waiving normal bidding requirements or purchasing used vehicles suitable for this purpose. Purchasing Division KB:lira S:\PURCH~ADMIN~C05_0330_A_Graffiti.doc March 24, 2005 Revised ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 I ITEM: /~. C-cc.. AGENDA SECTION: Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director March 14, 2005 ~PPROVED DEPARTMENT HEAD~"'-~ CITY ATTORNEY~ CITY MANAGER ~ SUBJECT: Commu.nity Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY02/03), Amendment No. 6 (FY03/04) and Amendment No. 2 (FY 04/05). (Wards All) RECOMMENDATION: Staff recommends approval. BACKGROUND: Economic and Community Development staff is proposing to reprogram CDBG and HOME Investment Partnership Program funds from completed or cancelled projects. In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on January 30, 2005 and a correction was published February 7, 2005 requesting comments and to date no comments have been received. A summary of this amendment include the following program or project changes. These items will have no budgetary impact: HOME - (1) shifting new construction assistance from "N" Street to the Old Town Kern Housing Project resulting in an increase of $735,000 for a revised total of $1.135 million for baker Street housing. Both of these rental tax credit financed projects have been in the planning and development stages for about 18 months, however, the Baker Street Housing project is now ready to proceed forward and requires budgeted funds be established in the development account in anticipation of the Fall 2005 Tax Credit Application round. The Development Agreement will be considered by the Redevelopment Agency and the City Council in May 2004, (2) reprogram CHDO monies originally earmarked for Community Action Partnership of Kern Home Rehab Program to funds available for new CHDO projects and new construction assistance in the amount of $100,000; (3) shift Indirect Cost Planning charges from other City Departments to the General Management Oversight Coordination line item Jn the amount of $150,000; and (4) Establish the Southeast Bakersfield Police Satellite Office Construction Project Account as a separate component of the Fire Station #5 Public Facility under the HUD category of slum and blight remediation. Funds for the construction of the project will be allocated at a later date. S ~Admins\City Council\action plan amendment 3-09-04.doc 3/14/2005 1;34 PM ADMINISTRATIVE REPORT Page 2 Required Old Project Amount New Project ~-otal Action Cancel New Construction Assistance FY02/03 ($258,000) Old Town Kern Housing "N" Street Housing Project FY03/04 ($477,000) Project $735,000 Total - ($735,000 Cancel Community Action Partnership Community Housing Home Rehabilitation Housing ($75,000 Development Organization $75,000 Program (CHDO) (CHDO Set-Aside-General Cancel Community Action Partnership New Construction Assistance Home Rehabilitation Housing ($25,000) General Program (CHDO) $25,000 Cancel Indirect Cost Planning and General Management Administration (charges from ($150,000) Oversight and Coordination - $150,000 other City Departments) Planning and Administration Add Southeast Bakersfield P,o ce Satellite Office Construction $1 Project Included in this Amendment are changes and additions to the City of Bakersfield Recapture (HOME) Guidelines for the Infill Housing Assistance Program (Program Specific Requirements 22 HOME (b) Recapture Guideline). S:~AdminstCity Council~action plan amendment 3-09-04.doc 3/14/20051:34 PM ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 I ITEM: lO. da 4. AGENDA SECTION: Consent Calendar TO: Honorable Mayor and City Council AP.PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~f~]~ DATE: March 10, 2005 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Authorize payment in an amount not to exceed $35,000 to Quinn Company for repairs on the D6 Crawler Tractor RECOMMENDATION:- Staff recommends approval of payment. BACKGROUND: The D6 crawler tractor is used by all divisions of Public Works, Water Resources, and Recreation and Parks. This tractor is used in the dver bottom, with the sand and gdt forming a harsh environment for the undercarriage of the equipment. Due to the size and complexity of the equipment, the City of Bakersfield does not have the expertise to complete many repairs, especially on the track system. Quinn Company has provided an estimate for all repairs of $31,378.50 based on an evaluation by their staff. This work is necessary to put the equipment back in service allowing for the completion of existing projects and the safety of the equipment operators. ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 rAGENDA SECTION: .Consent i ITEM: /¢, eP-P-- TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 7, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY. CITY MANAGER Appropriate $1,000 developer's contribution to the Development Services budget in the general fund for peer review of the Geologic Hazards Report for Vesting Tentative Tract 6444 in the City in the Hills development (Developer: K. Hovnanian / Engineer: Pinnacle). (VVard 3) RECOMMENDATION: Appropriate funds. BACKGROUND: In cases where a seismic special study is conducted, state law requires that the report be subject to peer review and that the applicant pay for the review. A contract for $1,000 with BSK Associates has been processed for the review. MAD Admin\3-30-bsk ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ED FROM: R aul Roi as, Public Works Director DEPARTMENT HEAD ~,//~P~0~ DATE: March 17, 2005 CITY A'I-rORNEY CITY MANAGER SUBJECT: Development of a Joint Powers Authority for Metropolitan Area Transfer ~tation Planning RECOMMENDATION: Staff recommends Council receive report. BACKGROUND: At the February 28, 2005 joint meeting of the City Council and the Kern County Board of Supervisors, both staffs were directed to investigate the potential for using a Joint Powers Authority to plan a metropolitan area refuse transfer station, and to report progress to the City Council at the March 30, 2005 meeting. City and County staff have had a series of meetings on this subject as part of the Ad Hoc Committee appointed by the Kern County Solid Waste Advisory Committee (SWMAC). The Ad Hoc Committee includes SWMAC representatives City Councilmember Hanson, County Supervisor Maben, Public at Large Member Pat DeMond, and SWMAC Chairman Larry Moxley. The Ad Hoc Committee will report to the SWMAC at its April 8~h meeting, after which SWMAC will make recommendations to the County Board of Supervisors at a future meeting. Thus far, the Ad Hoc Committee has determined that a Transfer Station Joint Powers Authority (JPA) would include the City of Bakersfield and Kern County. Although a JPA is, by definition, a joining of public agency powers and not private companies, the Ad Hoc Committee agrees that transfer station planning should be done with input from the local hauling companies. The Ad Hoc Committee also has determined it best for the JPA to focus on the transfer station issue, rather than expand the scope to include other solid waste programs. This is because of differences in how City and County solid waste and recycling programs are funded. Next steps would include: 1. Determine the type of waste to be accepted. 2. Determine what recycling programs, if any, would be included, along with cost estimates. 3. Determine how to appropriately share funding of the project. 4. Determine how the development and operation of the project would be managed. 5. Draft a Joint Powers Authority document for presentation to the Board and Council. kb March 231 2005, 9:51AM G:\GROUPDAT~DMINRPT~2.005\03.30\Report on Transfer Station JPA.doc ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: I/. o... TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Stanley C. Grady, Development Services January 31, 2005 General Plan Amendment 04-0838 (Ward 1) DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER The City of Bakersfield has proposed a general plan amendment on a single lot located at 1909 Maple Avenue.' Resolution approving the Notice of Exemption and denying the general plan amendment from LR (Low Density Residential) to HMR (High Medium Residential). RECOMMENDATION: Staff recommends adoption of resolution approving the Notice of Exemption and denying the general plan amendment BACKGROUND: The City requested a general plan amendment from single family residential to multi family residential on a single lot within the "Oleander Neighborhood". The current zoning is R-2 which permits Multi family Residential development by right. The owner was in the site plan review process for a multi-family residential project (6 units) when the inconsistency between the existing zoning and the land use designation was discovered. This forms the basis for the request. The site is located in an existing neighborhood developed primarily with single family dwellings. Without a general plan amendment only a single family dwelling may be constructed on the site. Staff considered a strategy for addressing the inconsistencies that exist in some older parts of the city. However, the work has not been completed. The applicant expected the resulting ordinance or policy amendment addressing this issue globally to have occurred in 2004 and because of this delay the city agreed to be the applicant. There is one four-plex built on this segment of Maple Street on the same side of the street (to the west). The existing four-plex (1913 Maple) was built in 1986, at a time when consistency with the general plan was not required for this type of development. ADMINISTRATIVE REPORT Page2 The public hearing process was intended to determine which way the neighborhood wished to continue, maintaining the existing single family nature of the street or redevelop individual lots with multifamily dwellings. At the hearing a member of the neighborhood spoke against the proposal citing many existing problems (parking, code enforcement issues) which would be exacerbated with this change. The Planning Commissioners denied the request on the grounds that a change to the general plan on a single small lot in the middle of a block without any apparent extenuating circumstances was ill advised. MG Admin\mar~3-30-0838 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: I1. I~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 7, 2005 General Plan Amendment/Zone Chanqe 04-1326 APPROVED DEPARTMENT HEAD~'~ CITY ATTORNEY ~ ~'~( CIIY MANAGER ~ (Ward 7) Porter-Robertson Engineering, on behalf of Marcus Rudnick, LLC c/o Marcia Rudnick, the property owner, has prolSosed a general plan amendment and zone change on 42.7 acres, located north of Berkshire Road, generally east of South H Street. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from SI (Service Industrial) and LI (Light Industrial) to LR (Low Density Residential) on 32.7 acres and to LMR (Low Medium Density Residential) on 10 acres. First reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from M-2 (General Manufacturing) and M-1 (Light Manufacturing) to R-1 (One Family Dwelling) on 32.7 acres and to R-l/PUD (One Family Dwelling/Planned Unit Development) on 10 acres. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: The purpose of the request is to allow for the removal of the existing structures on the site that were used for a packing and slaughter facility for several years but has since been closed. The owner wishes to develop residential for the site. There were no agencies in opposition to the request. The Planning Commission conducted public hearing(s) on this General Plan AmendmentJZone Change and recommended approval to the City Council on December 9, 2004. There was public opposition to the requested Zone Change. Four surrounding property owners were in opposition to the Zone Change request for apartments on the 10 acres. The owners in opposition stated that the density of the apartments was what they did not want on the site. The applicant at the hearing stated that they would submit another request for small single family residential lots for the site at a ADMINISTRATIVE REPORT Page 2 later time. For this reason the Planning Commission approved the R-1 zone on the 32 acres and R-l/PUD zone on the 10 acre site, insuring the 10 acres is developed as single family dwellings, 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 November 2, 2004, in accordance with CEQA. MO Admin\3-9-1326 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: ~J,C TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 4, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER General Plan Amendment/Zone Chanqe 04-1336 (Ward # 4) Porter-Roberts.o? Engineering, on behalf of Mathew A. Towery, has proposed a general plan amendment and zone change on 13 acres located along the West side of Renfro Road, South of Johnson Road and approximately 700 feet north of Stockdale Highway. Resolution approving the Negative Declaration and adopting the general plan amendment and changing the land use element from GC (General Commercial) to LR (Low Density Residential). First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-1 (One-Family Dwelling). RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: Applicant's requested LR land use designation is consistent with the requested R-1 zoning district. Applicant proposes 61 single-family dwellings on the LR (Low Density Residential) site. The LR land use designation allows less than or equal to 7.26 dwelling units per acre. The R-1 (One- Family Dwelling) zone limits on-site development to single-family dwellings and a 6,000 square foot minimum lot size with a maximum of 7.26 units per net acre. At the time of annexation (1991), it was thought that the Westside Parkway would have an interchange at Renfro Road. The Parkway right-of-way delineates this project's north property line. Recent Traffic analysis, design and approval of the specific plan line has deleted an interchange at this location. There will be a beltway to highway interchange at Stockdale Highway one-half mile to the west. For this reason locating a commercial development here no longer makes sense. ADMINISTRATIVE REPORT Page 2 There is a 30 acre commercial site which is vacant and located about 600 feet southwest of this site. This 30 acre site is adequate to serve the surrounding neighborhood and the traveling public The Planning Commission conducted public hearings on December 6 and 9, 2004 on this General Plan AmendmenFZone Change 03-1345 and recommended City Council approval. No members of the public spoke at the hearing for this project. RED Admin\mar\3-9-1336 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: I1. cl. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 3, 2005 General Plan Amendment/Zone Change 04-1343 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /~,~ ClTY MANAGER (Ward4uponannexation) Maurice Etchechury, property owner, has proposed a general plan amendment and zone change on 22.5 acres, located north of Snow Road, generally east of Allen Road. Resolution approving the negative declaration and adopting the general plan amendment to change land use designation from R-MP (Resource-Mineral Petroleum) to SI (service Industrial). First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from NR-5 (Natural Resource-5 acres minimum) to an M-2 (General Manufacturing) zone. RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of industrial uses on the 22.5 acre site. The site is proposed to be annexed to the city. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on December 16, 2004. The M-2 zone is the functional equivalent of the County's NR-5 zone. The requested zone will permit the existing oil-related activities to continue "by right." 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 November 1, 2004, in accordance with CEQA. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. MO Admin\mar~3-30-1343 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: ~j.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 4, 2005 General Plan Amendment/Zone Chanqe 04-1347 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY //'/?/~,.~/~ ClTY MANAGER ~ 0Nard7uponannexation) SmithTech/USA Inc., on behalf of George Spencer Jr., has proposed a general plan amendment on 36.03 acres and'~ zone change on two acres, located south of HoskJng Avenue, generally east of South Union Avenue. Resolution approving the negative declaration and adopting the general plan amendment and changing the land use element from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 36.03 acres. First reading of ordinance approving the negative declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-32 from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on two acres. RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units on the 36.03 acres. The site is being annexed to the city. The 36.03 acres is currently prezoned as R-1 and C-2 on two acres. The overall request is much less "intensive" than either permitted by the existing zoning or the general plan designation for the site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on December 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on November 2, 2004, in accordance with CEQA. MO Admin\mar\3-30-1347 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings TEM: I t, --Fr. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 8, 2005 General Plan Amendment No. 04-1767 (Ward 7) DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER APPROVE~ Porter-Robertson Engineering, on behalf of Paul Owlladi, has proposed a general plan amendment to the circulatioh element to add "collector" alignments within an area south of Panama Lane, west of South "H" Street and north of Hosking Road. 1. Resolution approving the Notice of Exemption and adopting the General Plan Amendment to the Circulation Element. RECOMMENDATION: Staff recommends adoption of resolution approving the Notice of Exemption and approving the general plan amendment. BACKGROUND: The purpose of this proposal is to improve the traffic flow within an area (approximately 164 acres) bounded by State Highway 99, South "H" Street, Panama Lane and Hosking Avenue. This entire area is designated for intensive land uses and this proposal sets the stage for development. Traffic analysis by Ruettgers~Schuler Engineering demonstrates that this proposal allows for improvements in the overall circulation of the area. Along Panama Lane there is existing development. The remainder of area is primarily vacant. Colony Street at this point is already at full width so no additional right-of-way if anticipated. Five people spoke at the Planning Commission meeting and none were in opposition to the proposal. The Commission voted unanimously for approval. MG Admin\mar~3-30-1762 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM NO: I ~. o.... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning March 10, 2005 APPROVED DEPARTMENT HEAD ~ CiTY ATTO R N E ~y/"-'-~//~ CITY MANAGER An appeal by the project applicants, Brian and Annette Pellens, of the Board of Zoning Adjustment's denial of a conditional use permit (File No. 04-1721) to increase an existing resid, ential care home for the elderly from 6 to 10 clients, and to reduce the required onsite parking from 10 spaces to 4 tandem spaces in an R-1 (One-Family Residential) zone located at 2485 Spruce Street. (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment and denying the appeal. BACKGROUND: On February 8, 2005, the Board of Zoning Adjustment (BZA) denied the above-mentioned project. They found they could not make the appropriate findings necessary to approve the request as the increase of clients and support staff would make the home incompatible with the neighborhood's residential character. It would also increase on-street parking demands by staff, clients and their guests, would require a higher level of municipal services inconsistent of residential homes in the area, and was not essential or desirable to the public welfare as evidence pointed to other such homes in the area with vacancies. Opposition from neighboring residents objected to increasing the number of clients because the use was already considered incompatible and more residents would only add to the business-like atmosphere of the home's use. They noted that other elderly homes already exist in the area and the expansion would set a precedent for increasing residents in those homes. They also noted that the additional residents would increase the need for on-street parking, increase in traffic along neighborhood streets, and require a commercial sanitation bin (not usually found in a single-family neighborhood). At the Board's hearing, 3 people spoke opposing the expansion (representing 10 people in the audience), and 11 letters were received in opposition. The applicant was the only person that spoke in favor of the request and the record included 3 letters in support. ADMINISTRATIVE REPORT page 2 The applicant's appeal letter attempts to counter the concerns brought forth by neighborhood residents. However, at issue is the home's overall compatibility with the neighborhood as its operation is not a typical family use, but more of an institutional one. The state licensing process requires that the city accept residential homes with six or fewer clients as a residential use, but allows discretion for anything larger. Many of the concerns by neighborhood residents were about the home's use as a business rather than a residential use. Opponents were also concerned about the proximity of another elderly home to the south at the northeast corner of Spruce and 24th Street and over-concentration of such homes in the neighborhood. Although the state uses a 300- foot separation criterion between residential group homes, this distance does not apply to elderly homes. It is noted that this other home is approximately 550 feet away. The floor plan provided by the applicant shows 7 bedrooms and 3 bathrooms. Many of these bedrooms were created by dividing larger rooms giving each resident client their own private space apart from the rest of the home. The interior layout reinforces the concerns of the Board and opponents that the home is more of an institutional use than a residential dwelling. Under the Uniform Housing Code, each bedroom could contain two people with four of the bedrooms (#1,2, 3, 7) able to support three people. The BZA was concerned that increasing the number of clients further promotes a use that is not consistent with other homes in the neighborhood and therefore, denied the request. ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: ~ "~., ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 23, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED General Plan Amendment/Zone Chanqe No. 04-0847, Appealed (Ward ~ upon annexation) Porter-Robertson Engineering, on behalf of David Wilson, has appealed the Planning Commission's ~ecision of their zone change for the proposed 7.5 acre site located at the northwest corner of Brimhall Road and Calloway Drive. Resolution approving the negative declaration and adopting the general plan amendment to change the land use designation from SR (Suburban Residential) to OC (Office Commercial). Resolution denying the appeal, approving the negative declaration, and denying the proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-30 to change the zoning from R-S-10A (Residential Suburban 10 acre minimum to C-© (Professional and Administrative Office). RECOMMENDATION: Staff recommends adoption of the resolution upholding the Planning Commission's decision, and deny the appeal. BACKGROUND: The applicant is proposing Office Commercial development on 7.5 acres located at the northwest corner of Brimhall Road and Cailoway Drive. The project site is currently vacant. Single family residences are located adjacent along the northern and western boundaries of the project site. The proposed C-O (Professional and Administrative Office) zone would limit the project site to office type uses and require construction of a block wall to separate the use from adjacent residences. Both Brimhall Road and Calloway Drive are designated as Arterials. The project site is being processed for annexation to the City of BakersfieJd. Three people living adjacent to the project objected to the proposal stating it would increase noise, traffic and lighting within the existing neighborhood. The Planning Commission had three options for zoning the property in response to the applicant's request and public comments. The zone could have been changed to C-O as requested allowing all permitted uses in the zone subject to existing development standards. The other options were variations of the planned commercial development zone which can be applied as a combining ADMINISTRATIVE REPORT Page 2 district or as an exclusive district. The combining district would zone the property C-O/PCD, combining the base zone with a requirement that the site design be reviewed by the Planning Commission as an administrative act prior to issuance of a building permit. The exclusive district requires a zone change public hearing after which the site design and any conditions added at a public hearing become the zone and development standards for that site. In response to public comments, the Commission chose the later which requires a subsequent zone change to permit development of the site. The applicant disagreed and appealed that decision. The proposal provides infill development for an area that is already developed for urban type uses. The Metropolitan Bakersfield General Plan encourages infill development. There are no other Office Commercial designations within a mile of the project site. The closest designation is located at Stockdale Highway and Calloway Drive. However, numerous concerns were expressed from adjacent residential property owners regarding lighting, noise, and traffic issues associated with the proposal. The Planning Commission denied the proposed zone change with the requirement that the PCD zone be proposed for future office-commercial development. The applicant I~as appealed the Planning Commission's denial of the proposed zone change. MG Admin\3-20-0847 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: I '~.. c... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 23, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER General Plan AmendmentJZone Chanqe No. 04-132R (Ward1) APPROVED Jim Childress, on behalf of Tabitha House, a Calif. Corp., has proposed a general plan amendment and zone charige on 55 acres located at the northeast corner of East Planz Road and Cottonwood Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use element for approximately 22 acres from SI (Service Industrial) to LMR (Low Medium Density Residential). First reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-09 on approximately 22 acres from M-2 (General Manufacturing) to R-2 (Limited Multiple-Family Dwelling). RECOMMENDATION: Staff recommends adoption of resolution approving the Negative Declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: The site is located adjacent to the City ofBakersfield' 's wastewater treatment plant for the area (Plant No. 2) which is located along the east side of the project site. The site is located one half mile east of the Bakersfield Municipal Airport. The applicant is proposing to develop Iow medium density residential on the 55 acre site. The proximity of the site to the wastewater treatment plant was not identified as a potential source of nuisance complaints during the hearing by the Planning Commission. Subsequent to that hearing, through discussions with Public Works, it was determined that an appropriate buffer should be established within which residential development would be prohibited. Existing residential subdivisions in the area are located further than ¼ mile from the wastewater treatment clarifiers which would be the source of any odor nuisance. Therefore staff recommends that the project site within ¼ mile of the plant clarifiers be denied a general plan amendment and zone change to residential. This is approximately 33 acres of the 55 acre site. The remaining 22 acres MG Admin\rnar~3-30-1328 ADMINISTRATIVE REPORT Page 2 is recommended for approval of the applicants requested general plan amendment and zone change. Development of the site will require a circulation element amendment to realign South Washington Street to the east side of the project site to accomplish the City's desire to use the road to create separation between the treatment plant and adjacent property. City staff will process the amendment as one of the allowed circulation element amendments for 2005. The 1996 Kern County Airport Land Use Compatibility Plan recommends an over flight easement for Compatibility Zone C and a deed notice for Compatibility Zone D. The two zones cover the same area, i.e., Compatibility Zone C identifies the outer boundary of the Common Traffic Pattern area (the traffic pattern and pattern entry points and Compatibility Zone D identifies the outer boundary of the Other Airport Environs and conforms to the Federal Aviation Regulations Part 77 "horizontal surface", which is identical to Zone C. Since there is no traffic pattern on the east side of the airport, only a "deed notice" is necessary for the project. Prior to issua'hce of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPA/ZC 04-1328 (APN: 170-270-070) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval: "This property is in the area subject to over flights by aircraft using the Bakersfield Municipal Airport, and as a result, residents may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (public utilities code section 21670 et Seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." The property adjacent to the south contains an existing and approved surface mining operation (CUP No. P00-0413). The property contains a borrow pit adjacent on the south side of the East Planz Road alignment. Staff does not believe that the proposed project will create a conflict for the existing surface mining operation and vice versa. The reason is the two properties are separated by the alignment of East Planz Road, which is designated as a Collector and requires 90 feet of right-of-way. There are number of examples throughout the City where residences are separated from Industrial type uses by a Collector or Arterial street, .e.g, District Boulevard area. The adjacent properties to the north and south of the project site are currently designated for Service Industrial (SI) and Light Industrial (LI) development and zoned for General Manufacturing (M-l) and Heavy Industrial (M-3) uses. Staff believes that the existing industrial designations for the area are no longer viable for any sustained industrial development. Most of the properties are currently vacant or do not contain industrial uses. The project is proposing in-fill residential development. The Metropolitan Bakersfield General Plan encourages such in-fill development. Staff is recommending approval of the project. MG Admin\mar~3-30-1328 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings ITEM: ~ A, cL.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 22, 2005 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~/~;~ CITY MANAGER ~ General Plan Amendment/Zone Chanqe 04-1337, Appealed (Ward # 1 upon annexation) SMITHTECH/USA, INC., on behalf of Joel Frick, et. al., has appealed the Planning Commission's'decision denying their proposal for a general plan amendment and zone change on 95 acres located south of East Panama Lane approximately 2,000 feet east of South Union Avenue and approximately 1,680 feet west of Cottonwood Road. Resolution approving the Negative Declaration, denying the applicant's general plan amendment request and adopting the Planning Commission recommended general plan amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 65 acres; and First reading of Ordinance adopting the Negative Declaration, denying the applicant requested zone change and adopting the Planning Commission recommendation amendment to Title 17 of the Municipal Code and Zoning Map No. 124-29 changing the zoning from A (Exclusive Agriculture) to R~I (One-Family Dwelling) on approximately 65 acres. RECOMMENDATION: Staff recommends adoption of the resolution approving the Negative Declaration, approving the General Plan Amendment and first reading of the ordinance as recommended by the Planning Commission. BACKGROUND: The Planning Commission conducted public hearings on December 6 and 9, 2004 on this General Plan Amendment/Zone Change 04-1337. The applicant's request was to change the land use and zoning for the entire 95 acres. However, approximately 30 acres of the site are impacted by the Airport Land Use Compatibility Plan which influences land use proximate to the Bakersfield Municipal Airport. Because the northern portion of the site (30 acres) is located within the Airport Land Use B 2 Zone, which generally does not permit residential development, the request to rezone that portion was denied by the Planning Commission. The B 2 zone is located within the area of direct over flight of the runway. It is strictly for safety reasons that residential developments are not recommended for the B 2 zone. The plan has various zones ADMINISTRATIVE REPORT Page 2 which relate to the issues of airplane noise and safety for areas adjacent to the airport. This airport land use plan is a part of the Metropolitan Bakersfield General Plan. A part of the southern and extreme western portion are located within the Airport Land Use C Zone while the remainder of the site is located outside of the Airport Land Use Zones. Residential development is appropriate for the C zone subject to the recordation of an aviation easement which warns future property owners of potential land use conflicts associated with living close to an airport. That area outside the B-2 zone is 65 acres in size and is shown on Exhibit D. Compatibility criteria between these two zones (B 2 and C) and residential development are shown on Exhibits E 1 and E 2. ,, As a result of the hearing, the Commission recommended that the City Council deny the requested GPA/ZC for the 30 acre portion of the subject site located within the Airport Land Use B 2 zone and .approve the 65 acres outside of the zone boundary. The Planning Commission could find no extenuating circumstances which would support the residential development within the Airport Land Use B 2 zone. No significant other issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission RED Admin\mar~3-30-1337 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Hearings TEM: ~,, e., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services March 14, 2005 APPROVED General Plan Amendment/Zone Change 03-1345 DEPARTMENTHEAD CITY ATTORNEY CITY MANAGER (Ward # 4) Max P. Bacerra. and Associates, on behalf of Rogelio Tolentino, has proposed a general plan amendment an~l zone change on 18.64 acres located along the northeast corner of Old Farm Road (extended) and Noriega Road. Resolution approving the Negative Declaration and adopting the general plan amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC (General Commercial) on five acres. First reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A-20A (Agriculture- 20 Acre Minimum) to R-1 (One Family Dwelling) on 13.64 acres and to Co2 (Regional Commercial) on five acres. RECOMMENDATION: Staff recommends deferral of this case to the next general alan amendment cycle. BACKGROUND: Applicant proposes 75 single-family dwellings on the LMR (Low Medium Density Residential) site and 1,000 square feet of gross leaseable area on the GC site. The Planning Commission conducted public hearings on December 6 and 9, 2004 on this General Plan Amendment/Zone Change 03-1345 and recommended City Council approval. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. All services are available. RED Admin\mar\3-9-03-1345 ADMINISTRATIVE REPORT MEETING DATE: March 30, 2005 AGENDA SECTION: Reports ITEM: \"5, o_. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director March 16, 2005 Bulky Waste Collection Pilot Program APPROVED DEPARTMENT HEAD CITY A'I-rORNEY ClTYMANAGER RECOMMENDATION: Solid WasteDirectorKevinBarneswillpresentareportonabulkywastecollectionpilotprogram. BACKGROUND: Following a presentation by County staff on the new curbside bulky waste collection program at the February 28, 2005 joint meeting of the Kern County Board of Supervisors and the Bakersfield City Council, staff was requested to report back to City Council on a possible City program. kb March 22, 2005, 5:17PM P:\BULKYI-2,DOC MEETING DATE: March 30, 2005 ADMINISTRATIVE REPORT AGENDA SECTION: Reports ITEM: 1'5. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager March 11, 2004 Community Services Committee Report (VVard 2) a. b. APPROVED DEPARTMENT HEAD CITY A'I-I'ORNEY CITY MANAGER · Close Beale Park Pool permanently and construct a wet playground in it's place Appropriate $365,000 Park Improvement Fund balance to the Capital Improvement Budget for construction of a wet playground at Beale Park Resolution determining that the wet play equipment for Beale Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000. RECOMMENDATION: Community Services Committee recommends approval of the permanent closure of Beale Park pool and construct a wet playground, and of the appropriation. BACKGROUND: On February 28, 2005, the Community Services Committee met to discuss the condition of City pools, particularly that of Beale Park Pool. After providing a report on the condition of Beale Pool, staff recommended closure of Beale Pool and building a wet playground in its place. Beale is the oldest City pool. It was originally built in 1932. Over the decades, the pool has been modified and rehabilitated many times. The foundational aspects of the pool are old and falling: piping and filtration system, decking, electrical and pool surface. The Kern County Health Department insists that significant repairs must be made for it to open in spring 2005. They have informed us that basic repairs to correct water chemistry, water quality, and circulation are essential to "the health and welfare of bathers." The critical problem with Beale Pool is the lack of "turnover." 'q'urnover~' is the rate at which water circulates completely through the pumping system and pool. By code, water should turnover once every 8 hours. The turnover rate at Beale Pool has grown to 12 hours, in September 2004, the Health Department informed us that Beale Pool could not be opened in 2005 unless the turnover rate improved to healthy levels. March 22, 2005, 3:29PM S:~.dmin Rpts~005~Sea~e Poo~ Closing 3-30-05.doc AC:al Page 1 ADMINISTRATIVE REPORT We note that the County Health Department has been very cooperative on pools, and has used reason an, judgment on code compliance issues. As a facility ages, however, health-related issues due to th, frequency of water turnover get worse and worse over time. At 70 years of age, Beale has too great health risk. The challenge is that repairs to fix the turnover problem will trigger other code violations that have bee,. allowed to "grandfather." Necessary repairs on piping and pumping systems to improve turnover wi require that we also repair the decking and install hand rails and handicapped access lift. Engineering star estimates that repairs would be at least $600,000, which would only bandage a very old facility that woul¢ need more significant repairs later. Maintenance costs at Beale are very expensive because of its old infrastructure and equipment. In FY 03- 04, Beale Pool had an operating loss of $70,638, or a subsidy of $18 per swimmer. Beale Pool also had the lowest attendance for recreation swim (4,011) of any City pool in 2004. Swim team and swimming'lessons have been promoted at Beale, but there has been no public interest. There has not been a neighborhood swim team in many years. Because of age, traditional design and lack o~ modern amenities found at other pools, we expect attendance at Beale to decrease over time. Closing Beale Pool permanently and constructing a 3,900 square foot wet playground would cost approximately $365,000, including demolition of existing pool and nearby wading pool. Construction of the wet playground would take about five months after approval. Committee members asked about other alternatives to closing Beale Pool; specifically what if an activity pool were constructed at Beale Park much like the one at McMurtrey. Staff reported that that alternative would be expensive, costing approximately $2,280,000 for a facility Y2 the size of the one at McMurtrey. An activity pool would have significant impacts on the neighborhood by way of increased parking, noise, and lighting. Aisc, building an activity pool so close to McMurtrey (1¼ miles away) would not be a prudent use of City dollars. The Committee asked how the public has reacted to the possibility that Beale Pool might be closed, since the media reported that possibility several months ago. Staff reported that they have had no negative comments or calls from the public expressing concern. Staff indicated that they would continue to offer transportation from Beale Park to open pools for residents in the neighborhood, as was done last year when pools were closed. Councilmember Benham expressed concern about closing the pool in addition to losing Beale Park band conceals last year. She requested that the City reinstate the band concerts in 2005 so that the loss to neighborhood would be lessened. Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of wet play parks equipment that meet all playground safety regulations including ASTM F 1487 (American Society for Testing and Materials). Vortex equipment is 100% stainless steel with replaceable brass nozzles for long life. All hardware is vandal and tamper resistant and all hardware, anchors bolts and accessories are stainless steel. Vortex offers the tongest warranty in the industry with 25 years on all features. All surfaces are polished stainless steel finish for ease of maintenance and graffiti removal. All Vortex structures are non- climbable. March 22, 2005, 3:19PM S:~,dmin Rpts~2005\Beale Pool Closing 3-30-05.doc AC:al Page 2 ADMINISTRATIVE REPORT Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vor[ex "Splashpads" for Southern California, Arizona and Nevada. Miracle has more splashpads designed and installed than all other vendors combined in Southern California. Vortex equipment is currently in use at Wayside Park and is currently being installed at Jefferson Park, Dr. Martin Luther King Park and Planz Park. Sufficient funds are currently available for this purchase in the Capital Improvement Projects budget The Community Services Committee unanimously to recommend to the City Council that we close Beale Pool permanently and begin construction immediately on a wet playground. The motion also includes a caveat that the Beale Park Band concerts be reinstated for 2005 and that City staff include funds in the FY 05-06 Budget to assist in paying for the concerts. In addition, staff recommends appi'opriating $365,000 fund balance from the Park Improvement Fund to pay for the wet playground. March 22, 2005, 3:19PM S:~Admin Rpts',200~Beale Pool C~osing 3-30-05.doc AC:ar Page 3 ADMINISTRATIVE REPORT M~-~- lING DATE: March 30, 2005 AGENDA SECTION: Reports ITEM: \-5. C.. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~, .~ DATE: March 22, 2005 CITY ATrORNEY CITY MANAGER SUBJECT: Report on Status of Graffiti Efforts RECOMMENDATION: BACKGROUND: At the request of Vice Mayor Maggard, staff will give a brief verbal report on the status of graffiti efforts. March 23, 2005, 1:36PM S:'~Admin Rpts~2005~Graffiti Report 033005.dot AC:al MINUTES OF THE JOINT MEETING OF FEBRUARY 28, 2005 BAKERSFIELD CITY COUNCIL AND KERN COUNTY BOARD OF SUPERVISORS City Host City Council Chambers 1501 Truxtun Avenue Special Meeting - 5:30 p.m. SPECIAL MEETING ACTION TAKEN INVOCATION by Pastor Jon Chr~stenson, Redeemer Lutheran Church. FLAG SALUTE by Amanda Barker, 8t~ Grade Student, St. Francis School. ROLL CALL Bakersfield City Council Present: Mayor Hall, Vice Mayor Maggard, Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. Kern County Board of Supervisors Present: Chairman Watson, Supervisors McQuiston, Maben, Patrick, Rubio Absent: None OPENING REMARKS BY MAYOR HARVEY L. HALL OPENING REMARKS BY CHAIRMAN RAY WATSON PUBLIC STATEMENTS A. Tim Stevens spoke regarding the alcohol immunity clause in the California State Civil Code protecting alcohol manufacturers from liability and provided written material. Bakersfield, California, February 28, 2005 - Page 2 BUSINESS ITEMS ACTION TAKEN Resolution in support of Transportation Project List for Local Transportation Measure. RES 042-05 City Public Works Director Raul Rojas made a presentation and provided handouts. County Resource Management Agency Director David Pdce made comments regarding the County perspective. Roger Mclntosh, Chairperson of the Kern County Citizens for Quality Transportation, made comments. Supervisor McQuiston requested clarification regarding proposed projects for outlying areas. Mr. Price and Mr. Mclntosh responded. Supervisor Rubio requested clarification regarding safeguarding of funds earmarked for transportation project use. Mr. Mclntosh responded. Councilmember Sullivan requested information regarding allocation of funds. Mr. Rojas responded. Councilmember Couch made comments regarding transportation fees and emphasized developers are currently paying their fair share of transportation fees. Councilmember Carson requested information regarding evaluating ranking of streets to be resurfaced. Mr. Rojas responded. Councilmember Maggard made comments. Motion by Vice-Mayor Maggard to adopt the Resolution. APPROVED RES NO 042-005 Motion by Supervisor Patrick, seconded by ALL AYES Supervisor Maben to adopt the Resolution. RES NO 2005-067 Bakersfield, California, February 28, 2005 - Page 3 BUSINESS ITEMS continued Siting of a Metropolitan Bakersfield Transfer Station. City Solid Waste Director Kevin Barnes and County Waste Management Director Daphne Harley gave oral reports. Supervisor Maben encouraged City and County agencies to move forward with a transfer station Councilmember Benham requested information regarding how recycling programs would benefit from a Transfer Station. Additionally She inquired on the likelihood of additional recycling requirements being be imposed on residents. Mr. Barnes responded and Ms. Harley responded. Councilmember Hanson recognized Larry Moxley, Chairperson of the Solid Waste Advisory Committee, and representative of the six private refuse haulers, who spoke in support of the staff recommendations. Councilmember Hanson requested staffs work together for development of a Resolution or JPA and report back to City Council and Board of Supervisors. Councilmember Couch requested specifics of the Resolution or JPA be ~oresented to Council as soon as possible after April 9=. Councilmember Carson posed questions regarding location of the proposed facility and management of emissions. Ms. Harley responded. Motion by Supervisor Watson, seconded by Patrfck, directing staff to place the item on the next joint City/County agenda for action. ACTION TAKEN ALL AYES Motion by Vice-Mayor Maggard to place the item on the APPROVED next joint City/County agenda. Bakersfield, California, February 28, 2005 - Page 4 BUSINESS ITEMS continued ACTION TAKEN Impact of Bulky Waste Collection Program on Illegal Dumping. County Waste Management Director Daphne Harley gave a presentation and provided written material Supervisor Patrick requested information regarding whether property owners or tenants are notified about recycling programs. Ms. Harley responded. Supervisor Patrick requested clarification regarding statistics provided in reference to illegal dumping; types of illegal dumping in metropolitan Bakersfield and non-metropolitan areas of the County. Additionally, Supervisor Patrick encouraged the City to implement a bulky item collection program. Ms. Harley and Mr. Tandy responded. Councilmember Benham requested City staff further explore implementation of a bulky item collection program. Supervisor Rubio requested notification before the next community clean-up effort. Motion by Councilmember Sullivan directing staff to proceed with implementation of a bulky waste collection program. WITHDRAWN Councilmember Sullivan withdrew the previous motion. Vice-Mayor Maggard requested the Budget and Finance Committee evaluate, if the meeting schedule allows, requesting the City's private sector haulers purchase a second truck for use in bulky waste collection. Ms. Harley suggested the City and County use the same call center. Bakersfield, California, February 28, 2005 - Page 5 7. BUSINESS ITEMS ACTION TAKEN Report on changes to Fire Joint Powers Agreement. City Fire Chief Ron Fraze and County Fire Chief Dennis Thompson gave oral reports. E. Report on South Beltway Alignment, County Road Commissioner Craig Pope and County Planning Director Ted James provided a presentation, Supervisor Rubio inquired regarding the possibility of looping the alignment around the Lamont area. Mr. James responded. Councilmember Hanson questioned the reasoning behind utilizing a loop instead of a straight line in the Houghton Rd. area. Mr. James responded. Councilmember Hanson requested staff define '~ast Track". Mr. James responded. Councilmember Couch thanked City and County staffs for work performed on the South Beltway Alignment. CLOSING COMMENTS BY COUNCIL AND BOARD MEMBERS Supervisor McQuiston thanked the City for hosting the joint meeting, Supervisor Maben expressed appreciation for the City's hospitality. Supervisor Patrick complimented City and County staffs for their cooperative efforts. Supervisor Rubio inquired regarding the feasibility of a Joint City/County Planning Commission. County Planning Director Ted James responded and City Manager Tandy advised he will provide copies of a report issued previously. 10. Bakersfield, California, February 28, 2005 - Page 6 ACTION TAKEN CLOSING COMMENTS MEMBERS continued BY COUNCIL AND BOARD Councilmember Carson expressed appreciation for the productive nature of the meeting. Councilmember Benham requested staff explore implementing an informational number based on the 311 informational number system in NYC and coordinating the effort with the County. Councilmember Couch wished his son a happy 10th birthday and thanked staff for the meeting. Councilmember Sullivan thanked staff for the meeting. Counciimember Scrivner expressed appreciation for the cooperative spirit demonstrated between City and County staffs. Vice-Mayor Maggard thanked City and County staffs for the meeting and congratulated Mr. Jones on his years of service to the County and upon his impending retirement. CLOSING COMMENTS BY CHAIRMAN RAY WATSON Supervisor Watson expressed his appreciation with the cooperative progress in important areas, particularly the transportation and waste disposal issues and is looking forward to the next City/County meeting. CLOSING COMMENTS BY MAYOR HARVEY L. HALL Mayor Hall commented on the cooperative efforts between City and County entities and encouraged that cooperation to continue. 11. Baker~ield, Cali~rnia, Februa~28,2005-Page7 ACTION TAKEN ADJOURNMENT MayorHalladjournedthe meetingat7:53p.m. ATTEST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 9, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING -5:15 p.m. t. ROLL CALL Present: Mayor Hail, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Scrivner Absent: Benham, Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOP a. Overview of Recreation Sites and Opportunities. Presentations and staff comments by City Manager Tandy. Steve Katz, AYSO Region 73 Representative, made comments. Robert Noriega, Chairman, Long Range Planning Committee for Bakersfield Southwest Baseball, Inc. made comments. 4. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (1 case). Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Lavida Hammond. ACTION TAKEN Bakersfield, California, March 9, 2005 - Page 2 ACTION TAKEN Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:59 p.m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:35 p.m. APPROVED AB BENHAM, SULLIVAN APPROVED AB BENHAM, SULLIVAN RECONVENED MEETING - 6:40 p.m. 5. ROLLCALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Couch, Hanson, Scdvner Absent: Benham, Sullivan Mayor Hall announced correspondence has been received from the developer involved in agenda item 13.a. requesting the item be deferred to the next General Plan Amendment cycle in August, 2005. The item will be re-noticed and information will be mailed affected parties regarding the next Planning Commission and City Council meetings addressing the topic. 6. INVOCATION by Pastor Hayward J. Cox, Church of God. 7. PLEDGE OF ALLEGIANCE by Councilmember Scrivner. CLOSED SESSION ACTION Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (1 case). Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted by Lavida Hammond. NO REPORTABLE AC~ON STAFF GIVEN DIRECTION Bakersfield, California, Mamh 9, 2005 - Page 3 10. 11. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation & Parks Director, proclaiming March 12, 2005, as "Arbor Day". Interim Recreation & Parks Director Christensen and Dana Karcher, Executive Director of the Tree Foundation of Kern, accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 9, 2005, as "Bakersfield Adult School Day". Ms. Handy accepted the Proclamation and made comments. PUBLIC STATEMENTS a. Casey Auch, North High School senior, and Kurt Eilers, West High School, spoke regarding the Mayor's Youth Advisory Council. b. Bruce Freeman spoke regarding funding for the Bakersfield Symphony. c. Bob Amos, City GIS Division, spoke regarding the upcoming GIS Conference. d. Sandra Larson spoke regarding the need for valley fever awareness, invited Councilmembers to a fund raiser scheduled for March 12, and presented informational material. Vice-Mayor Maggard requested staff facilitate dissemination of valley fever information, particularly to individuals whose exposure rates ara inc~ased due to occupational hazard. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 23, 2005 Council Meeting. ACTION TAKEN Bakersfield, California, March 9, 2005 - Page 4 11. CONSENT CALENDAR continued Payment: Approval of department payments from February 11, 2005 to February 24, 2005 in the amount of $7,755,787.80 and self insurance payments from February 11, 2005 to February 24, 2005 in the amount of $279,823.20. Ordinances: First Reading of Ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30, 17.31 and 17.58 of the Municipal Code relating to commercial and industrial setback requirements and parking lot lighting. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from an R-S-10a (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwelling) on 20+ acres located on the east side of Stine Road between Berkshire Road and Hosking Road. (Applicant: Brimhall Partners, Inc.) (ZC04-1621) Adoption of Ordinance adopting the Negative Declaration and Title 17 of the Municipal Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban - 5 acre minimum) to M-2 (General Manufacturing) zone on approximately three acres, located at the southeast corner of Coffee Road and Downing Road. (ZC04-1349) (Applicant: City of Bakersfield) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2 (General Manufacturing) zone on 7+ acres, located on the southwest corner of Meany Avenue and Patton Way. (Applicant: Marino and Associates) (ZC04-1430) ACTION TAKEN FR FR ORD 4233 ORD 4234 11. Bakersfield, California, Mamh 9, 2005 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7 acres, located on the south side of Columbus Street, and on the east side of Haley Street. (Applicant: Michael Dhanens) (ZC04-1473) Resolutions: Resolution approving Cultural Resource Designation and placement of property located at 1811 20"' Street on the Bakersfield Register of Historic Places. Resolution authorizing the Finance Director to dispense with usual bidding procedures and to purchase a forensic video analysis system from Ocean Systems, Inc. (not to exceed $43,000.00). Resolution adding territory, Area 1-54 (Brimhall, Calloway SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-56 (Rosedale, Froelich SW) to the Consolidated Maintenance District and confirming the assessments approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-35 (Fairfax, Royal Coach 2) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-18 (S. Chester, Geneva SE) to the Consolidated Maintenance Distdct and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ORD 4235 RES 043-05 RES 044-05 RES 045-05 RES 046-05 RES 047-05 RES 048-05 11, Bakersfield, California, March 9, 2005 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Resolution of Intention No. 1374 to add territory, Area 4-36 (Chester, 2~ NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1375 to add territory, Area 4-37 (21st, "R" NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Golden Valley Planned Drainage Area: Resolution of Intention No. 1372 to establish drainage plan for the Golden Valley Planned Drainage Area and preliminarily approving the boundaries of area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to drainage facilities. Agreement with Kern High School District (not to exceed $179,385.00) for reimbursement of construction and land cost for upsizing storm drain facilities to conform to the Golden Valley Drainage Area. Agreements: q. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056 Phases 2 and 5 located north of Reina Road and east of Jewetta Avenue. Final Map and Improvement Agreement with McMillin Albany, LLC. for Tract 6169 Phase 8 located north of Panama Lane and east of Old River Road. Improvement Agreement with Castle & Cooke Commercial-CA, Inc. for Parcel Map 11119 Phase 1 located west of Gosford Road and north of Harris Road. ROI 1347 ROI 1375 ROI 1372 FR AGR 05-086 AGR 05-087 AGR 05-088 AGR 05-089 AGR 05-090 AGR 05-091 AGR 05..092 tl. Bakersfield, California, Mamh 9, 2005 - Page 7 CONSENT CALENDAR continued Item 1 l.q. continued ACTION TAKEN Final Map and Improvement Agreements with Fair Oaks South, L. P. for Tract 6079 Unit 2 located west of Old River Road and south of Southern Pacific Railroad Right of Way. AGR 05-093 AGR 05-094 Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Unit 3, located south of Reina Road and west of Old Farm Road. AGR 05-095 AGR 05-096 Agreement with Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $240,000.00, 16 month term) for Worker's Compensation legal services. AGR 05-097 Agreement with Clifford & Brown (not to exceed $75,000.00) for outside legal services in the matter of Grant D. Hoffman, et al v. City, et al. AGR 05-098 Agreement to approve assignment of lease from Paul Bealessio to Dr. Richard Parrot of City owned real property located 1100 Coffee Road. AGR 05-099 Bids: Accept bid from Hi Standard Automotive ($52,574.20) for lightbam and sirens for police vehicles (new and existing). Accept bid to award annual contract to Jim Alfter, Cement Contractor (not to exceed budgeted amount of $220,000.00) for canal liner repair. AGR 05-100 Accept bids from Sunrise Lighting Systems (137 items $74,098.06) and Quattro Lighting Inc. (137 items $72,584.66) for decorative park lighting fixtures and poles for 32 acre park. Miscellaneous: Appropriate and transfer $150,000.00 General Fund balance to the Equipment Management Fund Public Works Department's operating budget to purchase two aerial lift trucks for the traffic signal maintenance program. 11. 12. Bakersfield, California, March 9, 2005 - Page 8 CONSENT CALENDAR continued ACTION TAKEN Contribution from Shell Oil Products U.S. for Special Safety and Recreation Programs: Appropriate $5,000.00 to the General Fund Fire Department Operating Budget for the publication of water safety brochures. Appropriate $4,623.00 to the General Fund Recreation and Parks Operating Budget for a sports program for underprivileged youth. Historic Preservation Commission 2003/2004 Fiscal Year Annual Report. aa. City Policy regarding maintenance of sidewalks. REFERRED TO PLANNING AND DEVELOPMENT COMMITTEE Motion by Vice-Mayor Maggard to approve Consent Calendar items 11. a through ll.aa. APPROVED AB BENHAM, SULLIVAN CONSENTCALENDARHEARINGS General Plan AmendmentJZone Change No. 03- 0746; Mclntosh & Associates, on behalf of Mountain View Bravo, LLC has proposed a General Plan Amendment and Zone Change on 41.3 acres located generally north of Highway 178 west of Masterson Street (City in the Hills). Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from GC (General Commercial) to LR (Low Density Residential) on 16.02 acres and HR (High Density Residential) on 6.01 acres, HMR (High Medium Residential) to GC on 11.81 acres, LR to GC on 7.20 acres, and LR to HR on 0.26 acres. RES 049-05 12. Bakersfield, California, Mamh 9, 2005 - Page 9 CONSENT CALENDAR HEARINGS continued ACTION TAKEN First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19 and 104-20, to change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres and R-3 (Limited Multiple Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2 on 7.20 acres, and R-1 to R-3 on 0.26 acres. FR General Plan AmendmentJZone Change 04-0867; Porter-Robertson Engineering, on behalf of Jon Balfanz, et al (property owner) has proposed a General Plan Amendment and Zone Change on 11.05 acres located west of State Highway 99, generally south of Hosking Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 4.03 acres and from GC to LR on 7.02 acres. RES 050-05 First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-36 from R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on 4.03 acres and from C-1 to R-1 on 7.02 acres. FR General Plan AmendmentJZone Change 04-1322; Susan Lucas (property owner) has proposed a General Plan Amendment and Zone Change on 14.95 acres, located north of Hosking Avenue, generally west of State Route 99. Resolution approving the Negative Declaration and adopting the General Plan Amendment and changing the land use designation from LMR (Low Medium Density Residential) and LR (Low Density Residential) to GC (General Commercial). RES 051-05 12, Bakersfield, California, March 9, 2005 - Page 10 CONSENT CALENDAR HEARINGS continued ACTION TAKEN First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to C-2 (Regional Commercial) zone. FR General Plan Amendment/Zone Change No. 04-1334; The Lusich Company, Inc., on behalf of Antongiovani, et al, has proposed a General Plan Amendment and Zone Change on 95.94 acres located on the south side of Panama Lane, east and west of Old River Road. The proposal includes annexation into the City and cancellation of a Williamson Act Contract for 80.11 acres. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from R-lA (Resource-Intensive Agriculture) to LR (Low Density Residential). RES 052-05 First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 123-29 and 123-30 from A (Agriculture) to R-1 (One Family Dwelling). Resolution approving the Negative Declaration and approving the cancellation of a Williamson Act Contract for 80.11 acres. FR RES 053-05 General Plan Amendment/Zone Change 03-1345; Max P. Bacerra and Associates, on behalf of Rogelio Tolentino, has proposed a General Plan Amendment and Zone Change on 18.64 acres located along the northeast corner of Old Farm Road (extended) and Noriega Road. HEARING OPENED AND CONTINUED TO MARCH 30, 2005 Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC (General Commercial) on 5.0 acres. 12. Bakersfield, California, March 9, 2005 - Page 11 CONSENT CALENDAR HEARINGS continued ACTION TAKEN Item 12.e. continued First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A- 20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 13.64 acres and to C-2 (Regional Commercial) on 5 acres. Assistant City Clerk Gafford announced correspondence was received from Nordman, Cormany, Hair and Compton, on behalf of Beazer Homes, in opposition to item 12.e. Additionally correspondence was received from the applicant requesting the issue be continued to the March 30th Council Meeting, General Plan Amendment/Zone Change 04-1346; Mclntosh & Associates, on behaff of Workman Brothers, has proposed a General Plan Amendment and Zone Change on 30 acres located along the north side of Taft Highway/State Route 119, approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment changing the land use designations from RR (Rural Residential) to Low Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Exclusive Agriculture) to R-1 (One Family Dwelling). Hearings opened at 7:18 p.m. Hearings items a, b, c, d and f closed at 7:18 p.m., and item e. remained open. Councilmember Couch requested the motion to approve Consent Calendar Hearings include the continuation of item 12.e. to the next General Plan Amendment Cycle. RES 054-05 FR 12. 13. 14. Bakersfield, California, March 9, 2005- Page 12 CONSENT CALENDAR HEARINGS continued Item 12.f. continued ACTION TAKEN Motion by Vice-Mayor Maggard to approve Consent Calendar items 1Za. through 12.f. with item 1Ze. to remain opened and continued to the next Council Meeting, March 30, 2005. APPROVED AB BENHAM, SULLIVAN Mayor Hall announced item 12.e. remains open and will return to City Council March 30t'. HEARINGS Hearing to consider General Plan Amendment/Zone Change 04-0815; Porter-Robertson Engineering, on behalf of James Etcheverry, et al, has applied for a General Plan Amendment and Zone Change on 82.5 acres located north of Snow Road, generally between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning Commission decision to deny the proposal. DEFERRED TO AUGUST 2005 Resolution approving the Negative Declaration and adopting the requested General Plan Amendment from SR (Suburban Residential) to LR (Low Density Residential). First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling). Assistant City Clerk Gafford announced Porter- Robertson Engineering, on behalf of James Etcheverr~, et al, has requested this item be deferred to the next GPA cycle in August. Correspondence was received from Norman and Edith Reimers in opposition to approval of this item. Mayor Hall announced the item will be deferred to the August GPA cycle and will be re-noticed at that time. REPORTS Community Services Committee Report regarding naming of park at Stockdale Highway and Buena Vista Road. 14. 15. Bakersfield, California, March 9, 2005 - Page 13 REPORTS continued ACTIONTAKEN Motion by Councilmember Carson to accept the Committee report and recommendation to name the park at Stockdale Hwy and Buena Vista Road "The Park at River Walk." APPROVED AB BENHAM, SULLIVAN b. Fiscal Year 2004-05 Budget Report. Transfer and appropriate $1,776,000.00 General Fund balance to the Equipment Management Fund, Public Works operating budget for police, streets, graffiti, parks and code enforcement vehicles and capital equipment. City Manager Tandy gave a presentation and made staff comments. Vice-Mayor Maggard requested staff evaluate the feasibility of hiring crews to fill potholes specifically and when resurfacing is scheduled to outsource the work as a cost saving measure. Motion by Vice-Mayor Maggard to approve transfer and appropriate of funds. APPROVED AB BENHAM, SULLIVAN MAYOR AND COUNCIL STATEMENTS Councilmember Carson expressed appreciation for the apprehension of three graffiti vandals doing damage to her place of business. Councilmember Carson encouraged members of the Council to tour the California Senior Housing Project. Councilmember Carson requested staff repair streets in the vicinity of the California Senior Housing Project. Councilmember Hanson congratulated Jim Foss and SMG for the success of the State Wrestling Championship Tournament. Councilmember Hanson requested information regarding when a reports on City pools will be presented. City Manager Tandy responded. Councilmember Hanson thanked Interim Recreation and Parks Director Christensen and staff for the report on park equipment. 13. Bakersfield, California, Mamh 9, 2005- Page 14 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch requested additional traffic control to reduce speeding at White Lane and Buena Vista near Stockdale High School. Councilmember Couch requested staff analyze the feasibility of reinstatement of televised Planning Commission meetings. Councilmembar Couch requested staff evaluate implementing smaller traffic projects, such as right hand turn lanes, dual right hand turns and protected rights, in order to improve traffic flow. Councilmember Couch requested information regarding the scheduling of the Adopt a Parkway Program. City Manager Tandy responded. Councilmember Couch requested staff analyze the cost per household of implementing a City bulky waste pickup program. Councilmember Couch requested a copy of the letter opposing item IZe. on the agenda. Councilmember Couch requested information regarding the stance of other City Councils on the proposed half cent sales tax. Councilmember Couch thanked Mayor Hall for chairing the meeting in spite of feeling ill. Vice-Mayor Maggard confirmed with Chief Rector there is a full time officer devoted to graffiti control and requested particular attention to apprehending a vandal operating in the Marella and California Ave. area. Vice-Mayor Maggard thanked Public Works Director Rojas and the Public Works staff for their efficient response to the recent flooding. Vice-Mayor Maggard requested an update on providing incentives to encourage clubs to utilize the McMurtrey Aquatics Center and analyze the rate charged for use of the facility. Vice-Mayor Maggard requested a meeting with Chief Rector and City Attorney Gennaro to discuss release of a memo regarding sexual predators. 15. t5. Bakersfield, California, March 9, 2005 - Page 15 MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Vice-Mayor Maggard requested staff explore creating a half cent sales tax sub-set for the Greater Bakersfield area. Councilmember Scrivner thanked staff for expeditiously responding to referrals. Councilmember Scrivner complimented the recent Sister City events, and the efforts involved in staging the events, with Queretaro, Mexico. Mayor Hall expressed appreciation to the Council for their support of the recent events surrounding the visit of the delegation from Queretaro, Mexico; additionally Chief Fraze, Captain Bivens, the Public Safety Sheriff, Water Resources Florn Core and California Water Service for providing tours for the Mexican delegation. Additionally Mayor Hall encouraged interested parties to join the tour scheduled for Queretaro in July. ADJOURNMENT Mayor Hall adjourned the meeting at 8:24 p.m. ATTEST: MAYOR of the City of Bakersfield, CA CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield