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HomeMy WebLinkAbout09/07/05_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA SEPTEMBER 7,2005 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. WORKSHOPS (30 min) a. Report on Federal Transportation Projects (Project 787). (Staff presentation by Alan Tandy, City Manager and Raul Rojas, Public Works Director) 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Charles Lack, Vessels of Honor. 7. PLEDGE OF ALLEGIANCE by Alexandra Cody, 6th Grade Student at Our Lady of Perpetual Help. B. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to General James Whitehead, Retired, Chairman of the Board, Fox Foundation, proclaiming September 7, 2005, Fox Theater Day. b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 21 - October 2, 2005, Kern County Fair Days. 10. PUBLIC STATEMENTS 11. APPOINTMENTS (Ward 3) a. One (1) appointment to the Planning Commission, due to the expiration of term of David Gay, term expired April 30, 2005. Staff recommends Council determination. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 17, 2005 Regular Council Meeting. Payments: b. Approval of department payments from August 5, 2005 to August 25, 2005 in the amount of $11,694,730.09 and self insurance payments from August 5,2005 to August 25,2005 in the amount of $180,969.87. ,..._..___._.___'" .._._.n_____··."·_·_···____·~· ---~-. .'-..--'..---" 12. CONSENT CALENDAR continued (Ward 3) (Ward 17) (Ward 1) (Ward 4) (Ward 3) (Ward 5) (Ward 3) (Ward 3) c. Ordinances: d Adoption of Ordinance approving a negative declaration and amending Section 17.06.020 (Zone Map No. 104-17) of the Municipal Code changing the zoning from R-1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 100.16 acres located on the southwest corner of Panorama Drive and Masterson Street. (File 05-0298) (FR 08/17/05) Adoption of Ordinance approving the Negative Declaration and approving an amendment to Title 17 of the Municipal Code and Zoning Map 124-49 from A (Agriculture) to E (1 acre minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One Family Dwelling) to R-1 (One Family Dwelling) on 67 acres located on the east side of S. Union Avenue, north and south of E. Berkshire Road, for which annexation into the City is proposed. (Project Design Consultants, representing Lenox Homes, property owner) (GPA/ZC 04-1570) (FR 08/17/05) e. Adoption 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) zone on 17 acres, located along the north side of E. Berkshire Road, generally east of S. Union Avenue. (SmithTech/USA, representing Jean Ollivier, et ai, property owner) (GPA/ZC 04-1763) (FR 08/17/05) f. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 102-06 from A (Agriculture) to R-1 (One Family Dwelling) on 80.24 acres located at the southeast corner of Seventh Standard Road and Jewetta Avenue (future). (SmithTech/USA, representing Michel Etcheverry, property owner) (GPA/ZC 04-1766) (FR 08/17/05) g. Adoption of Ordinance approving the Negative Declaration and approving the request to amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on 10.17 acres and R-3-MH (Limited Multiple Family Residential-Mobile Home) to R-1 (One Family Dwelling) on 1.82 acres located on the south side of Panorama Drive, approximately 1/2 mile east of Fairfax Road. (The Keith Companies, representing Panorama Highlands Development) (GPA/ZC 05-0535) (FR 08/17/05) h. Adoption of Ordinance approving the Negative Declaration and amendment to Title 17 of the Municipal Code and Zoning Map 123-30 from County A (Agriculture) to R-1 (One Family Dwelling) on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista Road. (SmithTech/USA representing Kevin Pascoe) (GPA/ZC 04-1764) (FR 08/17/05) Adoption of Ordinance amending Title 17 of the Municipal Code and Zoning Map 104-20 from OS (Open Space) to R-1 (One Family Dwelling) on 2.7 acres located between State Routes 178 and 184, east of Vineland Road and denying the appeal. (GPA/ZC 03-1188) (FR 08/17/05) i. j. Adoption of Ordinance approving amendment to Title 17 of the Municipal Code and Zoning Map 104-23 from A (Agriculture) to R-1 (One Family Dwelling) on 137.19 acres, R-1-HD (One Family Dwelling-Hillside Development) on 465.83 acres, R-2 (Limited Multiple Family Dwelling) on 6.51 acres, and R-2-HD (Limited Multiple Family Dwelling-Hillside Development) on 10.51 acres generally bounded by Rio Bravo Country Club property on the north, Comanche Drive to the west and Breckenridge Road to the south. (GPA/ZC 04-0853) (FR 08/17/05) 2 _______"'._ _.~_.,__._"'_ ._...___....u___··· +----~ 12. CONSENT CALENDAR continued Resolutions: (Ward 1.4,6.7) k. (Ward 1,2,3,6.7) I. (Ward 2) (Ward 4) (Ward 7) (Ward 5) Resolutions for annexation applications proposing proceedings for annexation of uninhabited territory to the City, identified as: 1. Annexation No. 473, consisting of 60.71 acres located west of Calloway Drive, generally north of Snow Road. 2. Annexation No. 478, consisting of 97.35 acres located east of Calloway Drive, generally north of Snow Road. 3. Annexation No. 486, consisting of 106.66 acres located north of Snow Road west of Allen Road. 4. Annexation No. 487, consisting of 40.31 acres located east and west of Madison Street, generally south of Belle Terrace. 5. Annexation No. 488, consisting of 16.7 acres located west of State Route 99, south of McKee Road. m. 6. Annexation No. 489, consisting of 1.68 acres located at the southwest corner of Rosedale Highway and EI Toro Viejo, between Coffee Road and Calloway Drive. 7. Annexation No. 490, consisting of 1.9 acres located north of Brimhall Road, generally between Verdugo Land and Jewetta Avenue. 8. Annexation No. 494, consisting of 83.29 acres located north of Snow Road, generally west of Calloway Drive. 9. Annexation No. 509, consisting of 40.99 acres located east of Ashe Road, generally between McCutchen Road and Taft Highway. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for abatement of certain weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. Rabobank Arena Video Scoreboard: 1. Resolution determining that screens for the Rabobank Arena video scoreboard cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $663,750.00. 2. Agreement with Daktronics, Inc. ($663,750.00) to furnish and install video cubes in the Rabobank Arena video scoreboard. n. Amendment No. 13 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit. o. Resolution adding territory, Area 2-30 (Stockdale, Renfro 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 3-36 (Hughes, McKee SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-37 (Panama, Buena Vista NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 3 p. q. ---~~-_..,-,-- 12. CONSENT CALENDAR continued (Ward 6) (Ward 4) (Ward 5) (Ward 5) (Ward 4,5,6) (Ward 4,5,6) (Ward 4) (Ward 2) r. Resolution of Intention No. 1399 to add territory, Area 3-32 (Stine, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1400 to add territory, Area 1-59 (Olive, Old Farm NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1401 to add territory, Area 3-38 (Panama, Windermere) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1402 to add territory, Area 3-39 (Gosford, Pacheco SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. s. t. u. Agreements: v. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California Inc., for Tract 6289 Unit 1 located north of Noriega Road and west of Allen Road. 2. Final Map and Improvement Agreements with San Joaquin Development II, for Tract 6152 Phase 2 located south of McKee Road and west of Wible Road. 3. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6250 Unit 5 located north of Stockdale Highway and east of Allen Road. 4. Final Map and Improvement Agreements with Centex Homes for Tract 6118 Unit 7, located south of Snow Road and west of Old Farm Road, Tract 6195 Unit 6 located south of Snow Road and east of Allen Road, and Tract 6349 Unit 5 located north of Panama Lane and west of Buena Vista Road. 5. Final Map and Improvement Agreements with TDB Land, LLC for Tract 6230 Unit 2 located south of Rosedale Highway and west of Froelich Street. w. Agreement with Bakersfield Senior Center to purchase, from the City, surplus computer equipment). x. Agreement with Launer & Associates for appraisal services regarding proposed Assessment District No. 05-3 (Liberty II/Village GreenfTesoro-Encanto/Lin/Rider/Diamond Ridge). y. Reimbursement Agreement for Sewer Construction: 1. Agreement with Lennar Homes of California Inc., to construct a portion of Allen Road Sewer trunk line and connect to lift station at Hageman Rd., for Tentative Tract 6289. 2. Reimbursement of $260,570.75 to Lennar Homes of California Inc., for construction of sewer trunk line and connection to lift station. z. Bakersfield Museum of Art - Request for Funding: 1. Contribution Agreement with Bakersfield Museum of Art ($25,000.00) for FY 05-06. 2. Transfer $25,000.00 from Council Contingency to the Non-Departmental budget in the General Fund. 4 .. ..-...., _..-.,._~..."--,.~----" ------- 12. CONSENT CALENDAR continued Olive Drive Interchange - 5303 Olive Drive: 1. Agreement with Baldo V. Cisneros to exchange real property. 2. Appropriate $75,000.00 fund balance within the Transportation Development Fund to move signage and replace parking spaces. bb. License Agreement with Kern County Water Agency for pipelines and turn-ins to the Kern River Canal. Agreement with Kern County Water Agency for a water supply for the City Domestic Water System. Amendment NO.1 to Agreement No. 05-008 with Kennedy Jenks Consultants ($125,000.00, total not to exceed $225,000.00) for design of domestic water system hydraulic modeling for the City Domestic Water System. Amendment NO.2 to Agreement No. 04-281 with Nossaman, et ai, LLP ($35,000.00, total not to exceed $125,000.00) for legal and other services regarding critical habitat designation of Buena Vista Lake shrew. ff. Amendment NO.1 to Agreement No. 04-282 with Safeway Sign Company ($55,000.00, total not to exceed $110,000.00) to extend term twelve (12) months for traffic signs. (Ward 4) aa. (Ward 4) cc. (Ward 2.4,5,6) dd. (Ward 4) ee. Bids: gg. Accept bid to award annual contract to L.N. Curtis and Sons (not to exceed $80,000.00) for protective jackets and trousers for structural firefighting. (Ward 4) hh. Miscellaneous: Reject all bids for Allen Road Sewer and Street Improvement Project. ii. Appropriate $10,433 Transient Occupancy Tax fund balance to the Non-Departmental operating budget and authorize payment to the Convention and Visitors Bureau. jj. Ditch Eradication and Pipeline Easement with Pavletich Electric and Communications, Inc., located east of Fruitvale Highway, north of Seven Seas Avenue. (Ward 2) kk. Staff recommends adoption of Consent Calendar items a through kk. Resolution in support of Amtrak passenger rail service. (Ward 1) a. 13. CONSENT CALENDAR HEARINGS General Plan Amendment/Zone Change 04-1337; SmithTech/USA Inc., on behalf of Joel Frick, et ai, has appealed the Planning Commission's decision denying their proposal for a general plan amendment and zone change on 95 acres located south of E. Panama Lane, approximately 2,000 feet east of S. Union Avenue and approximately 1,680 feet west of Cottonwood Road. 1. Resolution adopting the Negative Declaration, approving a general plan amendment request and upholding the appeal to change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 95 acres. 2. First Reading of Ordinance adopting the Negative Declaration, upholding the appeal and approving the requested zone change amendment to Title 17 of the Municipal Code and Zoning Map 124-29 changing the zoning from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 95 acres. Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance. 5 13. CONSENT CALENDAR HEARINGS continued (Ward 4) (Ward 4) b General Plan AmendmenUZone Change 05-0338; Marino/Associates, representing King- Gardiner Farms, LLC, Sure Foundation Baptist Church, and Vivian Price, property owners, has proposed a general plan amendment and zone change on 80 acres for which annexation into the City is proposed, and cancellation of a Williamson Act Land Use Contract on 60 of the 80 acres. The project site is located on the south side of Snow Road (future) between Allen Road and Renfro Road (future). 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. 2. First Reading of Ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and from A to R-1-CH (One Family Dwelling-Church Overlay) on 10 acres. 3. Resolution adopting the Negative Declaration and approving the cancellation of a Williamson Act Land Use Contract on 60 acres. Staff recommends adoption of resolutions and give first reading to ordinance. General Plan AmendmenUZone Change 04-0671; Project Design Consultants representing Rosedale Ranch, property owner, has proposed a general plan amendment and zone change on 1,655 acres for which annexation into the City is proposed. A Development Agreement is also proposed. The project site is bounded by J'h Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC 04-0671/Annexation No. 499, known as the Rosedale Ranch Project. 2. Resolution approving a general plan amendment to change the land use designation from LMR (Low Medium Density Residential); LI (Light Industrial); and SI (Service Industrial) to LR (Low Density Residential); LMR (Low Medium Density Residential); HMR (High Medium Density Residential); GC (General Commercial); MUC (Mixed Use Commercial); and LI (Light Industrial) on 1,655 acres: and approving a general plan amendment to change the Circulation Element alignment of the future West Beltway through the project boundaries, and the realignment of Kratzmeyer Road/Olive Drive to the south of the site to create a new interchange with the West Beltway. 3. First Reading of Ordinance approving an amendment to Title 17 of the Municipal Code by prezoning to R-1 (One Family Dwelling); R-1/PUD (OneFamily Dwelling/Planned Unit Development); R-2 (Limited Multiple Family Dwelling) R- 2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) C-1 (Neighborhood Commercial); C-2 (Regional Commercial); C-2/PCD (Regional Commercial/Planned Commercial Development); and M-1 (Light Manufacturing) on 1,655 acres; and approving a development agreement. Staff recommends continuance to September 28, 2005 meeting. c. 6 (Ward 1) (Ward 4) (Ward 7) (Ward 5) 14. HEARINGS Continued Public Hearing to consider General Plan Amendment 04-2005; The City has proposed a general plan amendment to the Circulation Element and adopting a Specific Plan Line for the Washington Street alignment. (Continued from 8/17/05 meeting.) 1. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. Staff recommends adoption of resolution and specific plan line. a. Continued Public Hearing to consider General Plan AmendmenVZone Change No. 04-0815; McMillan Homes has appealed the Planning Commission's decision to deny the proposal by Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, et al for a general plan amendment and zone change on 82.5 acres located along the north side of Snow Road, generally between Allen Road and Calloway Drive. (Continued from 8/17/05 meeting.) 1. Resolution adopting the Negative Declaration and requested general plan amendment from SR (Suburban Residential) to LR (Low Density Residential). 2 First Reading of Ordinance adopting 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). Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance. b. c. Continued Public Hearing to consider General Plan AmendmenVZone Change No. 04-1704; Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving a proposal by Gerald Almgren, Kern Delta Land Development Corp. for a general plan amendment on 2.83 net acres and zone change on 2.04 net acres located on the east side of Wible Road approximately 200 feet south of Berkshire Road. (Continued from 8/17/05 meeting.) 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from LMR (Low Medium Residential) to HMR (High Medium Residential) on 2.83 net acres. 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 123-25 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 2.04 acres. Staff recommends adoption of resolution, denying the appeal and give first reading to ordinance. Hearing to consider appeal by The Sierra Club of the Planning Commission's decision approving Vesting Tentative Tract 6328 and the Negative Declaration, located on the southwest corner of Panama Lane and Mountain Vista Road. (SmithTech USNSubdivider: Lennar Homes) 1. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract 6328, located on the southwest corner of Panama Lane and Mountain Vista Road, and, denying the appeal by the Sierra Club. Staff recommends adoption of resolution and denying the appeal. d. 7 -_.~--- 14. HEARINGS continued (Ward 5,6) e. General Plan Amendment/Zone Change 04-0057/Williamson Act Contract Cancellation; George B. Martin, representing Golden Empire Concrete and Structure Cast, has appealed Planning Commission's decision to approve proposal by Quad Knopf, Inc., on behalf of Gosford-Panama Partners, LLC for a general plan amendment with concurrent zone change, Williamson Act Contract Cancellation for property located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road for the purposes of developing a mixed use development in the City. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC 04-0057/Annexation No. 440, known as Gosford-Panama annexation. 2. Resolution making findings approving a general plan element amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial), LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR (High Density Residential) on approximately 300 acres and circulation element amendment to eliminate the Collector designation of Progress Road between Panama Lane to McCutcheon Road. 3. First Reading of the Ordinance approving an amendment to Title 17 of the Municipal Code and changing Zone Map 123-29 by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), MH (Mobile Home) and C-2/PCD (Regional Commercial/Planned Commercial Development) zones on approximately 300 acres. 4. Resolution making findings, approving the cancellation of land use restrictions of a land conservation contract (Williamson Act) on approximately 300 acres. Staff recommends adoption of resolutions, denying the appeal and give first reading to ordinance. 15. NEW BUSINESS (Ward 1) a. Memorandum of Understanding between the City and the Bakersfield Redevelopment Agency for the sale of 1,280 surplus acres of City property commonly known as the 5,000 Acre Southeast Farm (City Farm). Staff recommends approval of Memorandum of Understanding. 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT Respectfully submitted, /i j~L ~ AVa;; ~n~v", .pv If( City Manager 09/01/0511 :20am 8 AGENDA HIGHLIGHTS SEPTEMBER 7, 2005 COUNCIL MEETING REGULAR MEETING 5:15 D.m. WORKSHOPS Alan Tandy, City Manager and Raul Rojas, Public Works Director will give a report introducing the Bakersfield projects that were funded in the recently approved Federal Transportation Projects (Project 787). CLOSED SESSION There will be a conference with legal counsel regarding one case of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. APPOINTMENTS There will be one appointment to the Planning Commission to be made by Vice Mayor Maggard. CONSENT CALENDAR Resolutions Item 12m. Resolution Authorizina the Finance Director to Disoense with the Formal Biddina Process to Purchase a Video Scoreboard for the Arena in an amount not to exceed $663.750. The existing video scoreboard requires constant repair due to age and is therefore in need of an upgrade. Technological advances call for replacement of the video cubes with larger Light Emitting Diode (LED) screens that produce a better picture quality and are lighter in weight. This scoreboard was designed and installed by Daktronics, Inc. Only Daktronics, Inc. can provide the size of LED screens large enough to produce video viewing of maximum size. Staff recommends approval of an agreement with Daktronics, Inc. to furnish and install the video cubes. Aareements Item 12z. Contribution Aareement with the Bakersfield Museum of Art for FY 2005-06 in the amount of $25.000. The agreement provides for payments to the Bakersfield Museum of Art in support of their visual arts outreach through the "Art Smart" program and to expand the "Museum on the Move" mobile museum. The Budget and Finance Committee reviewed the proposal and recommends funding of $25,000 from Council Contingency towards these programs. This is consistent with previous funding levels for the Museum of Art. Bids Item 12hh. Reiect All Bids for Allen Road Sewer and Street Imorovement Proiect. This new Sewer Trunk Line project would run along a portion of Allen Road (Rosedale Highway to Noriega Road) that is in the jurisdiction of Kern County. In coordinating the project with County Staff, the County has identified a stretch of Allen Road that can be improved by widening the roadway and Agenda Highlights September 7, 2005 Page 2 adding curb and gutter. The stretch of roadway within the project that will be widened is Allen Road between Rosedale Highway and Meacham Road. Two bids were received and both exceeded the Engineer's estimate. Staff recommends rejecting the bids to allow staff to re- evaluate the project, which may include separating segments. Miscellaneous Item 12ii. ADDroDriate $10.433 Transient OccuDancv Tax Fund Balance to the Non-DeDartmental QDeratina Budaet. and Authorize Pavment to the Convention and Visitors Bureau. The contract with the Convention and Visitors Bureau (CVB) commits the City to pay 11 % of the Transient Occupancy Tax (TOT) for the fiscal year that services are received. Because total revenues are not known until after June 30th, payments were advanced that were based on a budgeted amount of $6.5 million. The actual revenues received for FY 2004-05 were $6,594,845. Therefore, the CVB is due $10,433, which equals 11% of the $94,845 difference between the budgeted and actual TOT revenues. CONSENT CALENDAR HEARINGS Item 13a. Hearina to Consider an ADDeal by SMITHTECH/USA. INC.. on behalf of Joel Frick. et. al.. to the Plannina Commission's Decision to Deny their ProDosal for a General Plan Amendment and Zone Chance on 95 Acres Located South of East Panama Lane. ADDroximately 2.000 Feet East of South Union Avenue and ADDrOximately 1.680 Feet West of Cottonwood Road. This project was originally scheduled for a public hearing before the City Council on March 30, 2005. Council deferred the hearing to the May 11th meeting, then again until September yth. The primary issue, now resolved, was potential conflicts between proposal and the Airport Land Use Compatibility Plan. The proposal 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. That decision was appealed by the applicant. In the nine months since the Planning Commission meeting, both the applicant and staff researched the issue. It was found that in 1994, a section was added to the California Aeronautics Act which changed the space limit for which residential development was restricted from within 10,000 feet of the runway to within 7,000 feet of the runway. The applicant's entire project is located further than 7,000 feet from the end of the runway. As there no longer appears any reason to not support this request based on public safety considerations, staff recommends upholding the appeal. Item 13b. Hearina to Consider a General Plan Amendment and Zone Chanae on 80 Acres Located on the South Side of Snow Road (Future) between Allen Road and Renfro Road (Future) for which Annexation is ProDosed. and Cancellation of a Williamson Act Land Use Contract on 60 of the 80 Acres. Marino/Associates representing King-Gardiner Farms LLC, Sure Foundation Baptist Church, and Vivian Price, the property owners, propose development of approximately 285 single-family residential units and a Church subsequent to annexation. Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of agricultural Agenda Highlights September 7, 2005 Page 3 conversion proposals. These factors have been analyzed in an Agricultural Land Evaluation and Conversion Assessment prepared for this project by WZllnc. The conclusion of the assessment is that conversion of the property to urban uses is a less than significant impact, which staff and the Planning Commission concur with. Cancellation of the Land Use Contract on the 60 acres that are within the project site can be accomplished by paying the deferred taxes to the County Treasurer as a cancellation fee. The Planning Commission conducted a public hearing regarding this matter on June 16, 2005 and recommended approval. The Sierra Club provided testimony and a letter addressing their usual concerns. Staff recommends approval of the amendment. Item 13c. Hearinc to Consider a General Plan Amendment and Zone Chance on 1.655 Acres Located at 7'h Standard Road to the North. Jenkins Road to the East. the Burlincton Northern Santa Fe ŒNSF) Railroad to the West. and Kratzmever Road/Olive Drive to the South. The proposal by Rosedale Ranch, property owner, is to allow for the development of a new master planned community, including single- and multi-family residential, recreational, school, commercial, and industrial land uses on approximately 1,655 acres of land. Urban development of the project site has been planned for many years, beginning with the adoption of the Rosedale Community General Plan and the Western Rosedale Specific Plan (WRSP) by the County of Kern in 1980 and 1994, respectively. Subsequently, an amendment to the WRSP covering approximately 6,536 acres, inclusive of the project site, was adopted by the County in 1996. These plans were subsequently incorporated into the County of Kern General Plan, and most recently into the Metropolitan Bakersfield General Plan adopted jointly by the County and the City. It is notable that the adopted land use plan for the project area is significantly more intense than the current proposal. The Planning Commission conducted a public hearing on July 7, 2005 and recommended approval of the project and EIR to the City Council. The Sierra Club provided testimony against the project, but all others who provided testimony were in support of the proposal. A Development Agreement which sets forth the developer's financial responsibilities in return for the ability to proceed with the project in accordance with the existing policies, rules, and regulations is proposed. At the request of the applicant, this item will be continued to the September 28, 2005 meeting so that the applicant can further review this proposed Agreement. HEARINGS Item 14a. Continued Public Hearina reaardina a General Plan Amendment to the Circulation Element and Adoption of a Specific Plan Line for the Washinaton Street Alianment. The Public Works Department requested the change to the Washington Street alignment to address issues with an existing golf course and provide a distinct separation between urban development and the Waste Water Treatment Plant. This item was continued from the August 17th meeting because of issues regarding street improvement costs. Staff was to meet with an affected property owner to clarify the costs. To date, they have not been successful in contacting the citizen. As a result, staff recommends continuing the hearing until contact can be made. Item 14b. Continued Public Hearinc to Consider a General Plan AmendmentiZone Chance on 82.5 Acres Located Alonc the North Side of Snow Road. Generallv Between Allen Road and Callowav Drive. This item was continued from the August 17'h meeting in order to permit the applicant the opportunity to address issues identified by the adjacent property owners. The Agenda Highlights September 7, 2005 Page 4 applicant has indicated that they will begin meetings with the Councilperson and neighborhood the week of August 29, 2005. The proposal is to allow the development of single-family dwellings on lots with a minimum size of 6,000 square feet. After considerable public debate, the Planning Commission recommended denial of the case. The applicant appealed that decision. Staff recommends upholding the appeal. Item 14c. Continued Public Hearino to Consider a General Plan Amendment on 2.83 Net Acres and Zone Chanoe on 2.04 Net Acres Located on the East Side of Wible Road. Accroximatelv 200 Feet South of Berkshire Road. This project was continued from the August 17'h meeting to allow staff time to address several issues raised at the public hearing and correspondence received from Richard Harriman on behalf of the Wible Road Action Group. Responses to Mr. Harriman's questions are being prepared by the applicant's attorney and will be available to the City Council on the date of the meeting. The proposal is to change the land use designation from LMR (Low- Medium Density Residential to HMR (High-Medium Density Residential). The Planning Commission recommended approval. Jimmy and Robin Tabangcora appealed that decision. Staff recommends denying the appeal. Item 14d. Hearino to Consider an Acceal bv the Sierra Club to the Plan nino Commission's Decision to ACDrove Vestino Tentative Tract 6328. Located on the Southwest corner of Panama Lane and Mountain Vista Road. On May 19, 2005, the Planning Commission approved Vesting Tentative Tract 6328 containing 289 lots for purposes of single-family development and 1 sump lot on 79.83 acres, zoned R-1 (One Family Dwelling) including a request for alternate lot design, and to waive mineral rights signatures pursuant to BMC 16.20.060 A.1. The Sierra Club filed an appeal to the Commission's decision on their usual grounds. Staff recommends denying the appeal. Item 14e. Hearino to Consider an Acceal bv Georoe B. Martin. recresentino Golden Emcire Concrete and Structure Cast to the Plannino Commission's Decision to Accrove a General Plan Amendment/Zone Chanoe and Williamson Act Contract Cancellation for Procertv Located South of Panama Lane to McCutchen Road. and West of Gosford Road to Prooress Road. QUAD KNOPF INC., for Gosford-Panama Partners, LLC., proposes to construct a mixed-use development consisting of commercial uses (55 acres) at the southwest corner of Gosford and Panama Lane, light industrial uses (19.5 acres) south of the concrete batch plant east of Progress Road, multiple- family uses (62.9 acres) south of the light industrial area and single-family uses (143 acres) near the southern portion of the site, and another commercial area (9 acres) at the northwest corner of McCutchen and Gosford Roads. The Circulation Element is to eliminate Progress Road between Panama Lane and McCutchen Road as a Collector segment on the Circulation Map. This will allow the development of Progress Road as a local street. The proposal complies with the General Plan's criteria. The Planning Commission recommended approval of the project and EIR on July 7, 2005. That decision is being appealed based on the opinion that there is not proper buffering space between the industrial properties to the south of the site and the residential property to the north of McCutchen Road. Two other property owners, plus the Sierra Club spoke in opposition to the project. Proposed mitigation measures are detailed in the administrative report. The Department of Conservation opposes the cancellation of the land conservation contract (Williamson Act). The Department does not agree with the three of the findings made by City staff: 1) removal of adjacent land from agricultural use is unlikely; 2) discontiguous patterns of urban development will not result if the project site is left in the contract; and 3) there is no proximate noncontiguous land available for the project development. Agenda Highlights September 7, 2005 Page 5 NEW BUSINESS Item 158. Memorandum of Understandino (MOU) between the City of Bakersfield and the Bakersfield Redevelopment Aoencv for the Sale of 1,280 Surplus Acres of City PropertY Commonlv Known as the 5,000 Acre Southeast Farm. The purpose of this MOU is to provide a legal means to explore the possibility of a gain on land long held in the City's ownership which may have appreciated in value. The property under consideration is currently being utilized as part of a 5,OOO-acre farm and is essentially raw land upon which partially treated wastewater is spread and further treated through the growing of plants. If this property is sold, it will be necessary to replace the lost capacity either through a subsequent replacement land purchase or by providing an upgrade of the sewer plant to include tertiary treatment. This land is located in an area in the southeast part of town and is experiencing rapid encroachment of urban uses. Staff has determined that a unique opportunity exists for redevelopment of this property through a joint venture with the Redevelopment Agency. The venture would allow the City to sell the property to the Agency, generate enough funds to meet the current and future sewer capacity needs and also provide funds that could be used by the City at its discretion. Certain conditions must be met, which are outlined in the administrative report and MOU. Community Redevelopment Law does provide for authority of an agency to operate outside the project area under certain circumstances. An agency, at the request of the legislative body of the community, may accept a conveyance of real property (located within or outside of a survey area) owned by a public entity and declared surplus by the public entity or owned by a private entity. The Legislation and Litigation Committee considered this item on August 31$" and recommended that the item be forwarded to the City Council without recommendation. The Redevelopment Agency will be considering the MOU on September 12th. Approved: ~ Alan Christensen, Assistant City Manager cc: Department Heads Rhonda Smiley, Public Relations City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Workshop ITEM: 2>.0.. TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /¥/ DATE: August 29, 2005 SUBJECT: Report on Federal Transportation Projects (Project 787). (Staff presentation by A/an Tandy, City Manager and Rau/ Rojas, Public Works Director) RECOMMENDATION: Staff recommends acceptance of the report. BACKGROUND: Staff will present a report introducing the Bakersfield projects that were funded in the recently approved Federal Transportation Bill. PW tw . Rev: 8/29/2005 3:21:13 PM G:\GROUPDA T\ADMINRP1\2005\09-07\Highway Workshop.doc ADMINISTRATIVE REPORT' MEETING DATE: September 7, 2005 AGENDA SECTION: Closed Session ITEM: l.j,o.,. TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney DATE: August 26, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED W- ¿/G-- 1ft; SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Michael L. Kephart, etc. v. City of Bakersfield, et a/. USDC, Eastern District, Case No. CV-F-03-5331 OWW TAG VG:do S :\COU NeiL \CI SesslAdmins\05-06\09-07 -05Existlit.doc August 26. 2005. 3:14PM ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Presentations ITEM: ~.o.. CITY A HORNEY CITY MANAGER TO: Honorable Mayor and City Council DATE: Mayor Harvey L. Hall August 19, 2005 DEPARTMENT HEAD FROM: .Æ" SUBJECT: Presentation by Mayor Hall of Proclamation to General James Whitehead, Retired, Chairman of the Board of the Fox Foundation, proclaiming September 7, 2005, as "Fox Theater Day". RECOMMENDATION: BACKGROUND: ndw August 17, 2005, 1 :52PM S:IMAYORIADMINIFOX THEATER DAY.dot ....----- ~- ---- ,-,. .,-- .~-""_.,-- .. - '.-- -~-.'~--_.._--_..__...._. -- -~-_..__.,-~. ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Presentations ITEM: C\. b, DATE: Mayor Harvey L. Hall August 19, 2005 DEPARTMENT HEAD TO: Honorable Mayor and City Council FROM: CITY ATTORNEY 1/7 CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 21st through October 2"d, 2005, as "Kern County Fair Days". RECOMMENDATION: BACKGROUND: ndw August 19, 2005, 12:22PM S:IMAYORIADMINIKERN COUNTY FAIR DAYS.DOC --.--..---.-- , .,....-.-. -..- ._....._~_.".- ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Appointments ITEM: I\. CÅ . TO: FROM: DATE: Honorable Mayor and City Council APPROVED August 18, 2005 CITY ATTORNEY CITY MANAGER Pamela A. McCarthy, City Clerk DEPARTMENT HEAD e SUBJECT: One appointment to the Planning Commission due to the expiration of term of David Gay, whose term expired April 30, 2005. (Ward 3) RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Planning Commission due to the expiration of term of David Gay. The news release for this recruitment was posted on March 16 and July 6, 2005. Applications for appointment have been received from the following: · Russell Johnson · Curtis C. Bond · Philip Lloyd Ryall On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination. In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 3. The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular members, nominated by the Councilmember of the ward which corresponds with the commission vacancy. Additionally, Planning Commission members must be residents of the City throughout their four year terms, but not of a specific ward of the nominating Council member. August 18, 2005, 4:44PM S:IBds&CommIPLANNINGIADMIN Sept 2005.dot ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: I~,o... DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk July 8, 2005 APPROVED DEPARTMENT HEAD~'"rI Pt.\! CITY ATTORNEY lie- TO: FROM: CITY MANAGER SUBJECT: Approval of minutes of the August 17, 2005 Council meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: l.:l.b. APPROVED DEPARTMENT HEAD ~"'5 CITY ATTORNEY 7,ìv ~ ,emS-.. CITY MANAGER &/ SUBJECT: Approval of department payments from August 5, 2005 to August 25, 2005 in the amount of $11,694,730.09 and self insurance payments from August 5, 2005 to August 25,2005 in the amount of $180,969.87. Honorable Mayor and City Council TO: FROM: Nelson K. Smith, Finance Director DATE: August25,2005 RECOMMENDATION: Staff recommends approval of payments totaling $11,875,699.96. BACKGROUND: klg August 25, 2005, 1 :45PM S:IKimGIForms & LablesIADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM: ¡;;ì, C, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services APPROVED August 19, 2005 CITY ATTORNEY CITY MANAGER ~ ¡/~ ~ DEPARTMENT HEAD SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 104-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 100.16 acres located on the southwest corner of Panorama Drive and Masterson Street (ZC 05-0298). (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading on August 17, 2005. On July 7,2005, the Planning Commission held a public hearing and recommended approval of this zone change to allow a single family residential development located on the southwest corner of Panorama Drive and Masterson Street in the City in the Hills development. The development includes 421 lot single family lots with a 0.95 acre private recreation area, several lettered lots for a landscaped paseo extending south from the private park through the project. The private recreation area consists of a swimming pool, spa, rest rooms and landscaped area. The net density is 5.55 units per net acre, which is consistent with the Low Density Residential designation of the project site. The streets are proposed to be constructed to City standard and be publicly maintained. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. A concurrent tentative tract map (#6498) was approved by the Planning Commission on July 7, 2005 that reflects the plan proposed by this PUD zone change. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEQA. Mitigation measures included in the conditions of approval that reduce the following impacts to less than significant: air quality, aesthetic, biological resources, cultural resources, hazardous materials, stormwater drainage, and water impacts. JE admin\9-7-029B-2nd ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM: TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY I/~ DATE: August 19, 2005 CITY MANAGER Iþ SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 124-29 from A (Agriculture) to E (1 acre minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One Family Dwelling) to R-1 (One Family Dwelling) on 67 acres, located on the east side of South Union Avenue, north and south of East Berkshire Road (Project Design Consultants, representing Lenox Homes, the property owner) (ZC 04-1570). (Ward 1 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on August 17, 2005. This amendment would permit the development of single-family residential units on the 100-acre site. The general area is transitioning to be developed in the City limits with single-family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on June 16, 2005. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies 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 May 12, 2005, in accordance with CEQA. PH Admin\9-7 -1570-2nd -,...._,-~ ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM: I;;).. e.. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY P"¡: CITY MANAGER ,/!-r: SUBJECT: An 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) zone on 17 acres, located along the north side of East Berkshire Road, generally east of South Union Avenue. SmithTech/USA Inc., representing Jean Ollivier, Et AI, the property owner. (ZC 04-1763). (Ward 1 upon annexation) FROM: Stanley C. Grady, Development Services DATE: August 16, 2005 RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council heard first reading on August 17, 2005. This amendment would permit the development of single family residential units on the 17 acre site. The general area is transitioning to be developed in the City limits with single family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on June 16, 2005. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies 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 May 6, 2005, in accordance with CEQA. MO AdminlseptI9-7-1763 ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGEN~~ SECTION: Consent ITEM: I;,¡,. f. TO: Honorable Mayor and City Council Stanley C. Grady, Development Services APPROVED DATE: August 19, 2005 CITY ATTORNEY CITY MANAGER ~ t/? k FROM: DEPARTMENT HEAD SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 102-06 from A (Agriculture) to R-1 (One-Family Dwelling) on 80.24 acres, located at the southeast corner of Seventh Standard Road and Jewetta Avenue (future) SmithTech/USA, Inc., representing Michel Etcheverry, the property owner (ZC 04- 1766). (Ward 4 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on August 17, 2005. This amendment would permit the development of single-family residential units on the 80.24-acre site. The general area is transitioning to be developed in the City limits with single-family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on June 16, 2005. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies 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 May 16, 2005, in accordance with CEQA. PH Admin\9-7-1766-2nd .....-_...._--_.-_._~~.,.._._-_._..._--"-_. ----, ADMINISTRATIVE REPORT MEETING DATE: Sept. 7, 2005 AGENDA SECTION: Cøn~ ITEM: \~. TO: FROM: Honorable Mayor and City Council Development Services - Planning DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 5v- DATE: August 19, 2005 y~ /Ie SUBJECT: An ordinance adopting the Negative Declaration and approving the request to amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on 10.17 acres, and R-3-MH (Limited Multiple Family Residential)-Mobile Home) on 1.82 acres to R-1 (One Family Dwelling) zone located on the south side of Panorama Drive, approximately 1/2 mile east of Fairfax Road (The Keith Companies, representing Panorama Highlands Development). (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on August 17, 2005. The related General Plan Amendment # 05-0535, which amended the land use designation of the 12 acres from HR (High Density Residential) to LR (Low Density Residential), was approved by the Council on August 17, 2005. The subject property is located on the south side of Panorama Drive, approximately 1/2 mile east of Fairfax Road. The Planning Commission conducted public hearing on this Zone Change and recommended approval to the City Council on June 16, 2005. One letter was submitted in opposition. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 20, 2005, in accordance with CEQA. Jeng Admin\9-7-0535-2nd ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent ITEM: 1;1. h, TO: Honorable Mayor and City Council APPROVED FROM: DATE: Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD xr-- August 19, 2005 CITY ATTORNEY t/'- CITY MANAGER tft- . SUBJECT: An ordinance adopting the Negative Declaration and approving the request to amend Title 17 of the Municipal Code and Zoning Map No. 123-30 changing the zoning at time of annexation from County A (Agriculture) to R-1 (One Family Dwelling) on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista Road (SmithTech USA, Inc. representing Kevin Pascoe) (ZC 04-1764). (Ward 5) RECOMMENDATION: Staff recommends adoption the ordinance. BACKGROUND: The City Council held first reading of the ordinance on August 17, 2005. This site is in the process of being annexed to the City of Bakersfield. The City will serve the site with sewer. California Water Service boundary will need to be expanded south (across Panama Lane) to incorporate the project. California Water Service has indicated they can serve the project. The project site is located south of an area that is being rapidly developed with single family residential. There are six active tentative tracts within y" mile. To the north, across Panama Lane, are vacant land (zoned C-2) and a developing residential neighborhood. Buena Vista Elementary School and agricultural land is located to the west (across Buena Vista Road). The agricultural land surrounding Buena Vista School is part of a 1,853 acre project currently proposed to be annexed (Old River 3 - Annexation #498) and comprehensive general plan amendment and zoning. An EIR is being prepared for the project. To the south is the Grimway Estate (40 acres) which is designated R-IA and is zoned A (Agricultural) in the county. To the east is pre-zoned R-1 (One-Family Dwelling) property in the process of being annexed (Panama 15 - Annexation #479) and contains Tentative Tract 6368. Approximately 35 acres of the project area is currently under cultivation. The remaining property contains two houses with accessory structures located at the northeast corner of the site, proposed to be removed. ADMINISTRATIVE REPORT Page 2 A letter was received from Barbara Grimm-Marshall and Darcy Marshall regarding concerns about road improvements to Panama Lane and Buena Vista Road, landscaping/streetscaping and the effects improvements immediately adjacent to their property will have on their property. A Council Referral (#Ref001176) was sent to the City Manager by James Movius, Planning Director, to address the issues raised. The applicant has indicated they have been in discussion with Barbara Grimm-Marshall and Darcy Marshall and have negotiated an oral agreement between them. D2 Admini\9-7-1764·2nd ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM: I'" . "",. J. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD r August 19, 2005 CITY ATTORNEY t/&.- CITY MANAGER ¢:- . SUBJECT: An ordinance amending Section 17.06.020 (Zone Map No. 104-20) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an OS (Open Space) zone to an R-1 (One Family Dwelling) zone on 2.7 acres located between State Routes 178 and 184, east of Vineland Road and denying the appeal. (File No. 03-1188) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading on August 17, 2005. Also, on August 17, 2005, the City Council certified the Eagle Meadows EIR, approve related General Plan Amendment #03-1188, and Tentative Tract 6352 located between State Routes 178 and 184, east of Vineland Road. The appeal by the Sierra Club was denied by the Council. David Pitcher, representing Eagle Meadows, requested the zone change to facilitate development of Tentative Tract 6352, which is a single family residential subdivision consisting of a total of 483 residential lots and 6 open space lots on 156 acres. In accordance with CEQA, an Environmental Impact Report was prepared for the project. All impacts except for noise have been avoided or reduced to less than significant with incorporation of mitigation measures shown in the attached conditions of approval. The disk containing the Eagle Meadows EIR has been previously duplicated and provided to Council. Hard copies of the EIR are available at the Clerks Office. Adoption of a Statement of Overriding Considerations for two noise impacts is recommended. First, noise generated by car racing activities at nearby Mesa Marin Raceway can not be mitigated to less than significant. Reduction in raceway noise is the responsibility of the raceway, and that raceway noise reduction is most effective when applied closest to the source (which is the raceway). The City Council required certain noise mitigation on the raceway when the CUP was extended for Mesa Marin in 1995. In addition, the Council adopted the following finding: ADMINISTRATIVE REPORT Page 2 "The continued use of a higher noise standard for the racing facility shall not place an added burden on adjacent property owners in attempting to develop projects in accordance with the municipal standards." (City Council Resolution No. 70-95) The second noise impact concerns traffic noise impacts that may occur outside the project site due to increases in project related traffic on nearby roads. The increase in traffic noise will occur when traffic from the project is added to the current relatively low traffic volumes. The two locations affected by higher noise levels are along SR 184, between Masterson and Vineland; and SR 178, between Fairfax and Masterson. CONCLUSION: Mitigation measures are listed as conditions of approval that either avoid the impact or reduce the impact to less than significant. Unavoidable impacts which cannot be reduced to less than significant levels through mitigation measures remain for noise from Mesa Marin Raceway, and long-term traffic noise. Certification of the Eagle Meadows EIR, the mitigation measures and accompanying mitigation monitoring program, and adoption CEQA Findings per Section 15091 and Statement of Overriding Considerations per Section 15093 have bee in accordance with CEQA Guidelines. Staff recommends adoption of the ordinance. Jen9 Admin\9-7-11BB-2nd ~ ._-_._-,-_.,--~ ._----_.~. ._,-~-~._~".~.,-- --.- -..-, ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM: \J.,'. DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD 5('---- August 22, 2005 CITY ATTORNEY V¡;!!- CITY MANAGER k TO: FROM: SUBJECT: An ordinance amending section 17.06.020 (Zoning Map 104-23) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 137.19 acres and R-1-HD (One Family Dwelling - Hillside Development) on 465.83 acres and R-2 (Limited Multiple Family Dwelling) on 6.51 acres and R-2 -HD (Limited Multiple Family Dwelling - Hillside Development) on 10.51 acres generally bounded by the Rio Bravo Country Club property on the north, with Comanche Drive located to the west, and Breckenridge Road to the south (Zone Change No. 04- 0853). (Ward 3) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: The City Council held first reading on August 17, 2005. Also, on August 17, 2005, the City Council certified the Rio Bravo #3/GPA/ZC 04-0853 EIR, approved related General Plan Amendment #04-0853 generally bounded by the Rio Bravo Country Club property on the north, with Comanche Drive located to the west, and Breckenridge Road to the south. The zone change and corresponding General Plan Amendment and annexation would allow the development of up to 1,300 single and multiple family residential units at buildout. This project also includes consideration of annexation of the approximately 617 acre project site into the City of Bakersfield. The proposed project is situated within the City's current Sphere of Influence boundary. The project includes a Land Use Element Amendment to modify the General Plan designation from R-EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and LMR (Low Medium Density Residential). The proposed Land Use Element Amendment will also accommodate a future park site with adjacent fire station anticipated to be located on Chase Avenue in the northwestern portion of the site. The proposed park site and adjacent fire station will be developed according to applicable General Plan guidelines, existing ordinances and standards. ._-_.~._-' ADMINISTRATIVE REPORT Page 2 The Circulation Element Amendment will result in the elimination of one unnamed collector street segment extending from Chase Avenue within the Project site and the reclassification of a separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo Country Club, to a local street designation. The concurrent zone change is from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling - Hillside Development Overlay) on 600-acres and R-2 (Limited Multiple Family Dwelling) and R-2-HD (Limited Multiple Family Dwelling - Hillside Development Overlay) on 17-acres. The proposal provides a logical extension for residential development in the southern portion of the City of Bakersfield. The General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal complies with the General Plan's criteria. The general area is being developed with urban uses. Gordon Nipp, representing the Sierra Club spoke in opposition to the project at the Planning Commission hearing. His concerns included cumulative air quality, biota and traffic. The EIR addressed these issues and found them to be less than significant. Responses to the Sierra Club's concerns are contained in the "Responses to Comments" Section of the EIR. The Conditions of Approval for this Zone Change have been changed to reflect changes recommended at the August 17, 2005 City Council hearing. CONCLUSION: Mitigation measures are listed as conditions of approval that either avoid the impact or reduce the impact to less than significant. Unavoidable impacts which cannot be reduced to less than significant levels through mitigation measures remain for aesthetics. Certification of the Rio Bravo #3/GPA/ZC 04-0853 EIR, the mitigation measures and accompanying mitigation monitoring program, and adoption of CEQA Findings per Section 15091 and Statement of Overriding Considerations per Section 15093 are in accordance with CEQA Guidelines. LP Admin\!'>-7 -0853-2nd ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent ITEM: la.,k. DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services August 16, 2005 APPROVED DEPARTMENT HEAD '7'f/' CITY ATTORNEY t/? CITY MANAGER /Ir_ TO: FROM: SUBJECT: Resolutions for Annexation Applications proposing proceedings for annexation of uninhabited territory to the City of Bakersfield as identified as: 1. Annexation No. 473, consists of 60.71 acres, located west of Calloway Drive, generally north of Snow Road. (Ward 4) 2. Annexation No. 478, consists 97.35 acres, located east of Calloway Drive, generally north of Snow Road. (Ward 4) 3. Annexation No. 486, consists of 106.66 acres, located north of Snow Road, west of Allen Road. (Ward 4) 4. Annexation No. 487, consists of 40.31 acres, located east and west of Madison Street, generally south of Belle Terrace. (Ward 1) 5. Annexation No. 488, consists of 16.7 acres, located west of State Route 99, south of McKee Road. (Ward 7) 6. Annexation No. 489, consists of 1.68 acres, located at the southwest corner of Rosedale Highway and EI Toro Viejo, between Coffee Road and Calloway Drive. (Ward 4) 7. Annexation No. 490, consists of 1.9 acres, located north of Brimhall Road, generally between Verdugo Lane and Jewetta Avenue. (Ward 4) 8. Annexation No. 494, consists of 83.29 acres located north of Snow Road, generally west of Calloway Drive. (Ward 4) 9. Annexation No. 509, consists of 40.99 acres, located east of Ashe Road, generally between McCutchen Road and Taft Highway. (Ward 6) RECOMMENDATION: Staff recommends adoption of the resolutions. ADMINISTRATIVE REPORT Page 2 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. 473 containing 60.71 acres, Annexation 478 consisting of 97.35 acres, Annexation 483 containing 97.49 acres, Annexation No. 486 containing 106.66 acres, Annexation No. 487 consisting of 40.31 acres of land, Annexation No. 489 consisting of 1.68 acres, Annexation No. 490 containing 1.9 acres, Annexation No. 494 containing 83.29 acres and Annexation No. 509 contains 40.99 acres of land. Each annexation is adjacent to the City limits and all are within the City's Sphere of Influence boundary. The property owners of each area have consented to annexation. The proposal is to annex the land and 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\9-7-roa ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent ITEM 1.;l..I. TO: Honorable Mayor and City Council APPROVED FROM: Development Services - Building DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: August 19, 2005 SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1, 2, 3, 6 and 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on August 8, 2005, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 221 Brown St. 2. 420 Brown St. 3. 1022 Brown St. 4. 316 Chester Ave. 5. 1810 Clarendon St. 6_ 505 S. Haley St. 7. 501 L St. 8. 907 Dr Martin L. King Jr. 9. 905 P St. 10. 913PSt. 11. 807 Q St. 019-192-08 019-072-02 019-051-09 010-180-21 019-161-07 019-102-10 009-302-10 019-152-06 009-162-13 009-162-09 009-201-11 $ 395.00 $ 940.00 $ 1,145.00 $ 734.00 $ 264.00 $ 495.00 $ 795.00 $ 395.00 $ 369.00 $ 369.00 $ 1,579.00 August 11, 2005. 3:32PM P:\admin report oct6bl1.doc "_",__.____'____ ___..~.____.._... _0 .___...___._.... ~'.., "._ ---.-_.~_._"._.._,___.,_h__."'.___·,____~__ ~---- ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 11 Councilmember Carson (Con't) 12. Vacant Lot North of 912 Q St. 13. 3407 Redlands Dr. 14. Vacant Lot 701 Union Ave. 15. 628 8th St. PROPERTY LOCATION Ward 2/Councilmember Benham 16. 3308 Claflin Way 17_ 314 H St. 18. Lot East of 1620 Kentucky St. 19. Vacant Lot NWC of 2nd and Eye St. 20. 2114 17'h St. 21. 32218'" St. Ward 3/Councilmember Maaaard 22. 2918 Bucknell St. Ward 6/Councilmember Sullivan 23. 5323 Appletree Ln. Ward 7/Councilmember Scrivner 24. 1200 Dorian Dr. August 11, 2005, 3:32PM P:\admin report oct6bl1.doc Page 2 APN COST 009-172-03 383-271-02 009-471-15 009-180-08 $ 570.00 $ 245.00 $ 3,145.00 $ 1,395.00 APN COST 002-031-30 010-140-22 138-261-12 010-280-13 004-271-09 006-121-16 $ 445.00 $ 370.00 $ 939.00 $ 370.00 $ 3,444.00 $ 1,680.00 021-052-12 $ 2,334.00 355-125-05 $ 4,025.00 022-022-12 $ 3,395.00 ADMINISTRATIVE REPORT Page 2 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. August 11, 2005, 3:32PM P:\admin report oct6bl1.doc -'......--....--.- ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: I . TO: FROM: Honorable Mayor and City Council ./) APPROVED Jim Foss, General Manager Rabobank Arena DEPARTMENT HEAD ~ k' DATE: August 24, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Rabobank Arena video scoreboard: 1. Resolution determining that screens for the Rabobank Arena video Scoreboard cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $663,750.00. 2. Agreement with Daktronics, Incorporated ($663,750.00) to furnish and install video cubes in the Rabobank Arena video scoreboard. RECOMMENDATION: Staff recommends adoption of resolution and approval of agreement. BACKGROUND: The video scoreboard at Rabobank Arena is in need of upgrade due to the age of the equipment and advances in technology. Existing video cubes which make up the pictures for the scoreboard are in need of constant repair due to age. Technological advances call for replacement of the cubes with larger Light Emitting Diode (LED) screens that produce a better picture quality and are lighter in weight. The video scoreboard currently in place was designed and installed by Daktronics, Incorporated which also supplies its parts and only Daktronics, Incorporated can provide the size of LED screens large enough to produce video viewing of maximum size. Purchasing Division KB P:\admin_ draft _ scoreboardsolesource revised.doc August 26. 2005, 9:49AM ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: l'J. (\, TO: FROM: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD DATE: August 30, 2005 CITY ATTORNEY CITY MANAGER APPROVED 61Þ7 V?- ~ SUBJECT: Temporary Salaries 1. Amendment No. 13 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The temporary salary schedule is being updated to make salaries consistent with the salary schedule for regular employees. Normally, COLA increases are applied to temporary classifications that have a like title on the regular salary schedule; however, the increases were inadvertently omitted when the last COLA was processed for the Blue and White Unit. In addition, other increases are recommended to address the difficulty recruiting temporary employees at the lower salaries. Increasing the salaries will reflect community rates and allow us to hire and retain qualified applicants. The cost impact will be negligible due to the fact that we are already assigning temporary employees to higher classifications in order to obtain their services. In addition, the departments received defined temporary salary budgets effective July 1, 2005 that cannot be exceeded. Qm) 8/30/2005 11 :22 AM S:\AOMINRPnTemporary Salary Revisions 2005.dot ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: IJ.. o· TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER £ROVED 'þ~ 4- DATE: August 18, 2005 SUBJECT: Resolution adding territory, Area 2-30 (Stockdale, Renfro SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1397 to add territory, Area 2-30 (Stockdale, Renfro SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6448. Area 2-30 is generally bounded by Stockdale Highway on the north, South Renfro Road on the east, a line approximately 2,690 feet south of Stockdale Highway on the south and a line approximately 1,310 feet west of South Renfro Road 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(s)/developer(s) to be recorded with the subdivision map. mr MD2-30_Est.dot u _.__._____--- ~""""--'-- ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: 11.0, I TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 18, 2005 CITY ATTORNEY CITY MANAGER rROVED 'llM . Ae . SUBJECT: Resolution adding territory, Area 3-36 (Hughes, McKee SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1395 to add territory, Area 3-36 (Hughes, McKee SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6362. Area 3-36 is generally bounded by McKee Road on the north, a line approximately 175 feet west of Highway 99 on the east, a line approximately 1,320 feet south of McKee Road on the south and Hughes Lane 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(s)/developer(s) to be recorded with the subdivision map. mr MD3-36~Est.dot ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: 1:2.. . TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 18, 2005 CITY ATTORNEY CITY MANAGER æ . SUBJECT: Resolution adding territory, Area 3-37 (Panama, Buena Vista NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1396 to add territory, Area 3-37 (Panama, Buena Vista NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6349. Area 3-37 is generally bounded by Pensinger Road on the north, Buena Vista Road on the east, Panama Lane on the south and a line approximately 1,320 feet west of Buena Vista Road 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(s)/developer(s) to be recorded with the subdivision map. mr MD3-37 _Est.dot ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: I;;l. 1'" TO: Honorable Mayor and City Council DATE: August 18, 2005 CITY ATTORNEY CITY MANAGER FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD k SUBJECT: Resolution of Intention No. 1399 to add territory, Area 3-32 (Stine, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6290 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 3-32 is generally bounded by McKee Road on the north, Mountain Ridge Drive on the east, Taft Highway on the south and Stine Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner 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 with the subdivision map. A copy of this covenant is attached for reference. mr August 18, 2005, 9:31AM MD3·32Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: 11.S. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ACVED ~ fb¿ DATE: August 18, 2005 SUBJECT: Resolution of Intention No. 1400 to add territory, Area 1-59 (Olive, Old Farm NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6399 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 street landscaping. Area 1-59 is generally bounded by a line approximately 690 feet north of Olive Drive on the north, Woodland Hills Drive on the east, Olive Drive on the south and Old Farm Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 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 with the subdivision map. A copy of this covenant is attached for reference. mr August 18, 2005, 10: 12AM MD1-59Ri05.dot --_.._~ ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: Il.+. TO: FROM: Honorable Mayor and City Council CITY MANAGER APPROVED J!? (f -- /?$ê4 '!tv Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: August 18, 2005 CITY ATTORNEY SUBJECT: Resolution of Intention No. 1401 to add territory, Area 3-38 (Panama, Windermere) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6320 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 3-38 is generally bounded by a line approximately 1,320 feet north of Panama Lane on the north, a line approximately 1,3200 feet east of Windermere Street on the east, Panama Lane on the south and the Buena Vista Canal 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 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 with the subdivision map. A copy of this covenant is attached for reference. mr August 18, 2005, 1 0:57AM MD3-38Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: IJ-.(,A.. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY MANAGER ~OVED II 8/nd fry DATE: August 18, 2005 CITY ATTORNEY SUBJECT: Resolution of Intention No. 1402 to add territory, Area 3-39 (Gosford, Pacheco SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 11118 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 3-39 is generally bounded by Pacheco Road on the north, a line approximately 1,270 feet east of Gosford Road on the east, a line approximately 500 feet south of Pacheco Road on the south and Gosford Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner 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 with the subdivision map. A copy of this covenant is attached for reference. mr August 18. 2005. 8:52AM MD3-39Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: 1;1..v. TO: Honorable Mayor and City Council DATE: August 24, 2005 CITY ATTORNEY APPROVED (fL ¡. ../: VG- FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY MANAGER k- SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Lennar Homes of California Inc., for Tract 6289 Unit 1 located north of Noriega Road and west of Allen Road. (Ward 4) (2) Final Map and Improvement Agreements with San Joaquin Development II, for Tract 6152 Phase 2 located south of McKee Road and west of Wible Road. (Ward 6) (3) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract 6250 Unit 5 located north of Stockdale Highway and east of Allen Road. (Ward 4) (4) Finals Map and Improvement Agreements with Centex Homes for Tract 6118 Unit 7, located south of Snow Road and west of Old Farm Road (Ward 4), Tract 6195 Unit 6 located south of Snow Road and east of Allen Road (Ward 4), and Tract 6349 Unit 5 located north of Panama Lane and west of Buena Vista Road (Ward 5). (5) Final Map and Improvement Agreements with TDB Land, LLC, for Tract 6230 Unit 2 located South of Rosedale Highway and west of Froehlich Street. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. td August 24, 2005, 10:10AM G:\GROUPDATlADMINRPT\2005\09-07\MAP AND IMPROVEMENT AGR.dot ..~~ .._,.,____~_ __._'·_,~__,__.,··_________.__m··_____·__w·_____·_·""___....__.___ ,....,.----.- ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Agreements ITEM: ''¡.W. TO: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED FROM: DATE: August 30, 2005 CITY ATTORNEY CITY MANAGER ~ Ifc, DEPARTMENT HEAD SUBJECT: Agreement for Purchase of Surplus Property (surplus computer equipment) by the Bakersfield Senior Center RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Finance Director has received a request from the Bakersfield Senior Center, a non-profit organization, to purchase six (6) used surplus computers, monitors and printers to be used in the computer lab program at the Senior Center. The Center currently has 30 seniors enrolled in computer classes and they are in need of additional machines. While the City does have a current market for this type of surplus equipment, which could be sold at auction for an estimated $3,000 ($500 for a computer/monitor/printer times 6 sets) we are suggesting that the City Council authorize the sale of this surplus equipment at $1 per piece of equipment for a total of $18. This action constitutes a gift / contribution to the Senior Center of approximately $3,000. The Bakersfield Municipal Code section 3.20.120 F provides for this action and states that any sale to a governmental entity or non-profit organization shall be subject to confirmation and approval by the City Council. The items are being sold "as is with all faults" to remove the City from any potential liability claims. nks S:\KimG\Forms & LableslAdmin-sale of surplus equjpment.bcs.doc 2005. 1 :28PM August 30. ....- ...--,-_.- ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: I;¡.)(. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD /V' :5 CITY ATTORNEY ,k ~ têm S CITY MANAGER . Þ August 22, 2005 SUBJECT: Agreement with Launer & Associates for appraisal services regarding proposed Assessment District No. 05-3 (Liberty II / Village Green I Tesoro-Encanto / Lin I Rider / Diamond Ridge). Wards 4, 5, & 6. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On August 17, 2005 the City Council adopted Resolution No. 174-05, Accepting Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed assessment district # 05-3. City staff has selected Launer and Associates to provide appraisal services to assist with the formation of the proposed district. The cost of the appraisal is funded by the developers in the form of a deposit, which is refundable to the developers if / when the assessment bonds are sold. (kimg :forms;admin-assmtdist05-3appraisal) ..._._,._..._._-_."..._-_._,...,--~_.- ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: I;),. ",. -..J TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER I1):VED vG-' If/ DATE: August 24, 2005 SUBJECT: Reimbursement Agreement for Sewer Construction (Ward 4) 1. Approval of Sewer Construction Reimbursement Agreement with Lennar Homes of California Inc., to construct a portion of Allen Road Sewer trunk line and connect to the lift station at Hageman Road, for Tentative Tract 6289. 2. Reimbursement of $260,570.75 to Lennar Homes of California Inc. for construction of sewer trunk line and connection to lift station (Ward 4). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is planning to extend an existing sewer trunk line, with a project on Allen Road, from Rosedale Highway to Noriega Road. The Lennar development, Tract 6289, is just north of the terminus of the City project. The duration of the full Allen Road Sewer Improvement Project is approximately 7 months from start of construction. The Allen Road Sewer Improvement Project has not yet been awarded. The developer, Lennar Homes, anticipates beginning occupancy of Tract 6289 in December 2005, which would mean they need sewer service for the new homeowners. Lennar Homes approached the City with this proposal to perform construction of a portion of the Allen Road Sewer Improvement Project in time enough to allow occupancy of their new homes by December 2005. Staff finds this proposal from Lennar to be favorable to the City and recommends that the agreement be approved. Pw/engr/reb August 30, 2005, 10:45AM G:\GROUPDAT\AOMINRPT\2005\09·07\Sewer Construction Reimbursement Agreement Lennar Homes.doc ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: 12. .z. TO: FROM: Honorable Mayor and City Council John W. Stinson, Assistant City Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 6t:r5 ¿/& M~ DATE: August 25, 2005 SUBJECT: Bakersfield Museum of Art - Request for Funding 1. Contribution Agreement with the Bakersfield Museum of Art in the amount of $25,000 for Fiscal Year 2005-06. 2. Transfer $25,000 from Council Contingency to the Non-Departmental budget in the General Fund. RECOMMENDATION: The Budget and Finance Committee recommends approval of the transfer and agreement. BACKGROUND: This agreement provides for payments to the Bakersfield Museum of Art in the amount of $25,000 in support of their visual arts outreach through the Art Smart program and to expand the Museum on the Move mobile museum. This request was referred to the Budget and Finance Committee for consideration and recommendation to the City Council. The Committee met to review the proposal and recommends funding of $25,000 from Council Contingency towards these programs and is consistent with previous funding levels for the Museum of Art. The City has made previous contributions to the Museum of Art and the Museum was included in the Council policy regarding requests for financial assistance, as one of the organizations that had an ongoing relationship with the City and could be considered for funding as part of the City budget process, based on available funding and subject to City Council review and approval. In FY 2002-03 the City contributed $25,000 towards the Museum's programs. In FY 2003-04 the City agreed to an amount reduced by 10%, of $22,500 due to the uncertain state budget situation. Due to the state capture of funds, contributions to non-profits that year were stopped mid-year and the Museum actually received $10,000 of the amount originally designated to them for that year. In FY 2004-05 due to the continuation of the difficult budget situation no contribution was made to the Museum. No funding was recommended for the Museum or other non-profit group in the FY 2005-06 budget proposed to the City Council. After adoption of the FY 2005-06 budget by the Council, the Council considered a request for funding by the Bakersfield Symphony and approved a contribution of $50,000 from Council Contingency to that organization. Not including the transfer recommended above, there is $114,000 remaining in Council Contingency. August 25, 2005, 9:45AM S:\Admin Rpts\2005\Museum Agr 090705.doc JWS:al ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: ¡¡.(to. . TO: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY MANAGER APPROVED ...-vS Úl~ A-& , FROM: DATE: August 26, 2005 CITY ATTORNEY SUBJECT: Exchange of real property located at 5303 Olive Drive regarding reconstruction of Olive Drive Interchange. 1. Agreement with Baldo V. Cisneros to exchange real property. 2. Appropriate $75,000 fund balance within the Transportation Development Fund to move signage and replace parking spaces. RECOMMENDATION: Staff recommends approval of agreement and appropriation of funds. BACKGROUND: The City and County will be reconstructing the Olive Drive interchange in the near future. This will result in the need to widen Olive Drive west of Knudsen Drive. One of the properties that will be impacted is the Que Pasa Restaurant located at 5303 Olive Drive. It will be necessary to acquire the northern 18 feet of this property. Within that area are several parking spaces, including all the restaurant's handicap spaces, and the restaurant's monument sign. Coincidentally, the County of Kern is disposing of their property along Olive Drive north of the City/County Fire Training Facility adjacent to Que Pasa. This created an opportunity to acquire an 18 foot strip of land adjacent to Que Pasa to replace the land being acquired for the future interchange project. Both the City and County agreed to work together to effectuate the acquisition of the land to be exchanged for the land needed from Que Pasa. The attached agreement provides for the exchange of properties with Baldo V. Cisneros the owner of the Que Pas a restaurants. Also, the City will construct new parking spaces to replace those being lost and relocate the restaurant's monument sign. Transportation Development funds will be used to move the signage and replace the parking spaces; cost is estimated at $75,000. ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: IJ,. bb. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Florn Core, Water Resources Manager DEPARTMENT HEAD ~ August 25,2005 CITY ATTORNEY ~ CITY MANAGER ~ License Agreement with Kern County Water Agency for Pipelines and Turn-in~ t the Kern River Canal at Section 11, T30SR26E, MDB&M. (Unincorporated) SUBJECT: RECOMMENDATION: Staff and Water Board reviewed and recommend City Council approval. BACKGROUND: The City has certain real property in Kern County as the right of way for the Kern River Canal and a 36-inch diameter reinforced concrete pipeline that traverses through in Section 11, Township 30 South, Range 26 East, MDB&M. The Kern County Water Agency (KCWA) plans to construct, oper.?te and rnaintain three groundwater wells on property adjacent to the right-of-way of the Kern River Canal and install three pipeline tie-ins from these wells to discharge banked groundwater into the Kern River Canal. This license agreement is to allow the KCWA to install these pipelines and tie-ins across the City right-of-way to discharge into the River Canal. The KCWA has a long term agreement with the City of Bakersfield to use the River Canal to transport recovered under certain terms and conditions. These facilities would be similar to several other wells the KCWA has constructed near or adjacent to the River Canal. The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. August 25. 2005 S:\2005 ADMIN REPORTS\Sept7LicenseAgmtKCWA.doc ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: l;l. c..c.-. TO: FROM: Honorable Mayor and City Council Florn Core, Water Resources Manager August25,2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 4&.- ~ ~ DATE: SUBJECT: Agreement with the Kern County Water Agency for a Water Supply for the City Domestic Water System. (Ward 4) RECOMMENDATION: Staff and the Water Board reviewed and recommends City Council approval. BACKGROUND: The recent rapid growth trends within the City's Domestic Water System, loss of water well production due to water quality standards and the dramatically increased cost to complete water wells have heightened the need to secure supplemental water supplies and associated conveyance facilities. This agreement is to participate in the Kern County Water Agency's Improvement District #4 (lD#4) Treatment Plant Capacity Expansion and Northwest Feeder Pipeline Project. The first phase of the project will construct a pipeline to convey water to areas of our system's highest immediate need and will result in an additional treated supply of 6,500 acre-feet per year. The second phase is the expansion of the existing ID#4 treatment plant. The City's Domestic Water System currently relies solely on groundwater wells as its source of supply. Supplementing the current system with a firm surface water treatment plant delivery will increase the diversity and efficiency of the system. Wells can be shut off during non-peak demand periods resulting in higher groundwater pumping elevations which reduce energy costs. The cost to drill new wells is constantly increasing due to drilling costs, more stringent water quality requirements, groundwater quality problems and property values. The additional cost for the new supplemental supply compared to that of well production appears higher than the current cost to produce water, however there are other very important considerations. These include: the cost incurred to replace a well that no longer meets water quality standards and is abandoned; replacing an abandoned well that no longer meets water quality standards in an area that is fully developed (demolish a house(s) to acquire property); there is no guarantee in certain areas of the water service area that an acceptable quality well will be found; existing wells are vulnerable to detrimental water quality changes; and the added security of having a more diversified and backstopped supply system. The water supplied from this agreement will be at a relatively stable long-term price, while the costs to drill and complete wells in the future will most likely continue rising. The northwest feeder pipeline is scheduled to be completed December 2006 and the treatment plant expansion in the fall of 2008. The capital component of the annual cost will be approximately 65% less than what is listed in Table 1 until the treatment plant expansion portion of the project is started about a August 25, 2005, 4:42PM S:\2005 ADMIN REPORTSlAug25 WaterSupplyAgmt.doc ADMINISTRATIVE REPORT expansion. There will be sufficient capacity in the current plant to deliver the 6,500 acre-feet into the City's system as soon as the pipeline is completed, in part due to California Water Service Company (Cal Water) allowing us to use a portion of their capacity and the City's proportionate share of the un-contracted portion of the current treatment plant capacity of 12,500 acre-feet per year. The existing treatment plant has a contractually limited capacity of 25,000 acre-feet per year but has the ability to process up to 37,500 acre-feet. The treatment plant expansion project will increase the plant capacity to 72 million gallons per day (mgd) or approximately 60,000 acre-feet per year. The northwest pipeline will have a total capacity of 32 mgd of which the City's share is 6 mgd, Cal Water will have 15 mgd and ID#4's is 11 mgd. ID#4's share is the oversizing of the pipeline to allow for a future expanded take by the City and/or Cal Water. The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. August 25, 2005, 4:41 PM 8:\2005 ADMIN REPORTS\Aug25 WaterSupplyAgmt.doc ADMINISTRATIVE REPORT MEETING DATE September 7, 2005 AGENDA SECTION: ITEM: I . Consent Calendar TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~./ FROM: Flom Core, Water Resources Manager CITY MANAGER cJUl- ik, . '... DATE: August27,2005 CITY ATTORNEY SUBJECT: Amendment NO.1 to Design Services Agreement No. 05-008 with Kennedy Jenks Consultants for design of Domestic Water System Hydraulic Modeling for the City's Domestic Water System in the amount of $125,000, for a total contract amount not to exceed $225,000 (Ward Numbers 2, 4, 5 & 6) RECOMMENDATION: Staff recommends approval of the amendment to the agreement. BACKGROUND: On January 20, 2005, Council approved Services Agreement No. 05-008 with Kennedy Jenks to design a Domestic Water System Hydraulic Modeling for the City's domestic water system. This project was budgeted and scheduled to be completed over two fiscal years. Phase I of the project was to compile a complete inventory of the capital facilities of our Domestic System and convert our Paper Atlas Map System to a digital database. The initial phase of the project was budgeted in FY 2004-05 and completed in May of 2005. The purpose of the amendment is to formalize the terms and conditions for Phase II of the project. This phase of the project requires the contractor to analyze current and future storage and capacity needs of the system and to design a Hydraulic Modeling System for the City's domestic water system. This master plan for the systematic expansion of our domestic water system is needed to guide the development of future facilities in a prudent manner. Funding for this final phase of the project is currently available within the Water Resources Department FY 2005-06 Capital Improvement Budget. S:\2005 ADMIN REPORTSladmin090705 bid. doc ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: ::1 .(..t.... TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ ' CITY ATTORNE~ {{J;(, :4/Yl.à-- FROM: Florn Core, Water Resources Manager DATE: August 19, 2005 CITY MANAGER *- SUBJECT: Amendment NO.2 to Agreement No. 04-281 with Nossaman, et ai, LLP, ($35,000, total contract not to exceed $125,000) for legal and other services in the matter of critical habitat designation of Buena Vista Lake shrew. (Ward 4) RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The City's "2800 Acres" was proposed by the United States Fish & Wildlife Service (USF&WS) to be included in a critical habitat designation for the Buena Vista Lake shrew. The work to remove the City property from inclusion as critical habitat involved the retention of legal counsel, certified biologists and economic experts. The firm of Nossaman, et ai, LLP provided the legal counsel and sub-contracted the wildlife biology and the economic analysis components of the work. The sub-contractors were paid through that firm, with no added overhead. The USF&WS subsequently removed and excluded the City's property from the designation. Additional economic impact analysis and a first year monitoring report are required by the USF&WS as part of the City's Habitat Management Plan for the property. This amendment to Agreement No. 04-281 will allow for the additional economic impact analysis work and legal review of the first year monitoring report to be completed. This Amendment NO.2 to Agreement No. 04-281 would add $35,000 to the compensation to result in a total not to exceed amount of $125,000. Funding for this amendment is currently available within the Water Resources Department budget. California Water Service Co., the Kern County Water Agency and other banking partners have contributed to these additional expenses, reducing the City's cost on this item. FC:bz 8:\2005 ADMIN REPORTS\SEPT7WTNossamanAmend2.doc August 17, 2005, 4:30PM ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: 1J..ff. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED DEPARTMENT HEAD /f/5 CITY ATTORNEY ~ CITY MANAGER A.£ August 24, 2005 SUBJECT: Amendment No. 1 to Agreement No. 04-282 with Safeway Sign Company to extend the agreement for twelve (12) months ($55,000.00 increase, for a revised not to exceed compensation amount of $110,000.00) for Traffic Signs. RECOMMENDATION: Staff recommends approval of the amendment to agreement. BACKGROUND: On September 22, 2004, Council awarded the annual contract for Traffic Signs to Safeway Sign Company. The contract allows for a twelve (12) month extension if all parties agree. City staff and Safeway Sign Company agree to the extension of agreement under the same terms and conditions. Purchasing Division DW S:\PURCHIDIANEISafeway Sign Company. AC for Traffic Signs, 04-282.doc Created on 8/24/2005 3: 18:00 PM ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: \¡. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD /Y.5 CITY ATTORNEY M-v CITY MANAGER ,~_ August 24, 2005 SUBJECT: Accept bid to award an annual contract to L.N. Curtis and Sons for protective jackets and trousers for structural firefighting at a not to exceed amount of $80,000.00. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Staff solicited bids for an annual contract for protective jackets and trousers for structural firefighting, also known as turnout coats and pants. Periodic replacement of the turnouts is required due to damage which may occur during fire fighting as well as the breakdown of garment components due to age. Invitations to Bid were sent to fifteen (15) vendors and three (3) bids were received in response to the solicitation. One of the bidders could not meet the delivery requirements stated in the Invitation to Bid. As such, Staff recommends award of contract to the lowest responsive bidder, L.N. Curtis and Sons in the amount of $80,000. Purchasing Division OW S:\PURCHIDIANEIL.N. Curtis & Sons, AC for Protective Jackets & Trouser for Structural Firefighting.doc August 25, 2005 ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: Il. hh, TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEArf)/).. ~ !C4-~ CITY ATTORNE~ 0t.. Vc, CITY MANAGER IJe SUBJECT: Reject all bids for Allen Road Sewer and Street Improvement Project (Ward 4). Raul Rojas, Public Works Director DATE: August 25, 2005 RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: This new Sewer Trunk Line project would run along a portion of Allen Road (Rosedale Highway to Noriega Road) that is in the jurisdiction of Kern County. In coordinating the project with County Staff, the County has identified a stretch of Allen Road that can be improved by widening the roadway and adding curb and gutter. The stretch of roadway within the project that will be widened is Allen Road between Rosedale Highway and Meacham Road. The Engineer's Estimate for this construction project was $2,342,570. Two bids were received on August 23, 2005, as follows: Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of $3,316,952.00 W.M. Lyles Company 1210 W. Olive Avenue Fresno, CA 93728 (Out of Town) in the amount of $3,678,552.80 Staff recommends rejection of bids to allow a re-evaluation of the project. That re-evaluation will include a Value Engineering analysis to determine possible cost savings by "segregating" the work differently, by further accounting for the recent and continuing steep increases in construction items such as fuel, concrete, pipe materials, aggregate, and asphalt pavement, as well as further research into possible revenue enhancements for the project. REB - PW/Engineerîng August 26, 2005, 1051AM ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM I~.ii. TO: FROM: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED DEPARTMENT HEAD A('7" CITY ATTORN EYh ('_ --/n, '¿,J7 S. / /' CITY MANAGER J4e. DATE: August 22, 2005 SUBJECT: Appropriate $10,433 Transient Occupancy Tax fund balance to the Non-Departmental operating budget and authorize payment to the Convention and Visitors Bureau. RECOMMENDATION: Staff recommends approval of appropriation and payment to the Convention and Visitors Bureau. BACKGROUND: On March 20, 2002 the City Council approved agreement No. 02-076 with The Greater Bakersfield Convention and Visitors Bureau (CVB) for the purpose of promoting the City. This contract established the City's commitment to pay the CVB 11 % of the Transient Occupancy Tax (TOT) realized by the City for the fiscal year that services are received. Due to the delay in receipting TOT revenues after June 30, the City advanced monthly payments based on budgeted TOT of $6.5 million with a reconciliation payment to the actual revenues totaling $6,594,845 for the 2004-05 fiscal year. Therefore, the CVB is due $10,433 which equals 11% of the $94,845 difference between the budgeted and actual TOT revenues. Klg August 17, 2005, 4:19PM S:\KimGIFonns & LableslAdmin- TOTappropCVB2005.doc ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Consent Calendar ITEM: 1:1,.\ ¡. v...J TO: FROM: Honorable Mayor and City Council Florn Core, Water Resources Manager DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~c> ~ ~/ DATE: August 25, 2005 SUBJECT: Ditch Eradication and Pipeline Easement with Pavletich Electric and Communications, Inc., located east of Fruitvale Highway, north of Seven Seas Avenue. (Unincorporated) RECOMMENDATION: Staff and Water Board reviewed and recommends City Council approval. BACKGROUND: The City is the owner of a right of way and easement on the Beardsley Canal K.R.C. & I. Company One Ditch, this section now exists as an open earthen ditch. A portion of the One Ditch traverses certain real property owned by Pavletich Electric (Developer), east of Fruitvale Highway and north of Seven Seas Avenue. The Developer desires to fill in and eradicate said open ditch and substitute a reinforced concrete pipeline. The Developer will construct the pipeline and when completed the pipeline shall become the property of the City. The original 100 foot canal easement becomes a pipeline easement that is 40 feet wide. The Developer gains additional use of their property and the City acquires a pipeline facility that requires less maintenance and upkeep. The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board voted unanimously to approve and recommend City Council approval. August 25. 2005 S:\2005 ADMIN REPORTS\Sept71ditchEradAgmt.doc ~. ......, _ __..__ ._~ ·.···.0·. ,_,~ 'm._ .__.. _"0' ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Consent Calendar ITEM: 12.k.k. TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED //6- {/(,- óW? DATE: September 2, 2005 SUBJECT: A Resolution by the City Council of Bakersfield in Support of Amtrak Passenger Rail Service. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Passenger rail service trains operating from Bakersfield to Sacramento and the San Francisco Bay area carry approximately 700,000 passengers per year, which makes it the fifth busiest corridor in the United States. Ridership on the San Joaquin runs for the month of June alone were 69,520 passengers. This is an increase of 6.1 % from FY2004. These trains provide a valuable service to the residents of the City of Bakersfield and the County of Kern. Through this resolution, the City Council is requesting Congress to establish a multi-year capital funding program available to the states on a matching basis; to preserve, initiate, improve or expand passenger rail services; and, to continue to provide adequate level of capital funding for Amtrak to sustain the mandated rail passenger services. VG:dll S:\COUNCll\Admins\05-06 Admins\AmtrakRaiIService.ResoAdmin,doc September 2, 2005, 11:13AM ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Hearings ITEM: I~, 11 . FROM: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY y,-- CITY MANAGER ~......- SUBJECT: General Plan Amendment/Zone Chanae 04-1337. ADDealed (Ward # 1 upon annexation) Honorable Mayor and City Council TO: Stanley C. Grady, Development Services DATE: August 16, 2005 SMITHTECH/USA, INC., on behalf of Joel Frick, ET. aI., 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. 1. Resolution adopting the Negative Declaration, approving the applicant's general plan amendment request and upholding the appeal to change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 95 acres. 2. First reading of Ordinance adopting the Negative Declaration, upholding the appeal and approving the requested zone change amendment to Title 17 of the Municipal Code and Zoning Map No. 124-29 changing the zoning from A (Exclusive Agriculture) to R-1 (One-Family Dwelling) on 95 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, upholding the appeal and approving the General Plan Amendment and first reading of the ordinance. BACKGROUND: This project was originally scheduled for a public hearing before the City Council on March 30, 2005. The Council deferred the hearing to the May 11, 2005 Council meeting. The matter was deferred again until September 7, 2005. The primary issue, now resolved, was potential conflicts between proposal and the Airport Land Use Compatibility Plan. 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, ADMINISTRATIVE REPORT Page 2 the request to rezone that portion was denied by the Planning Commission. The decision not to approve residential development in that northerly 30 acres was appealed by the applicant. 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 Airport Land Use Compatibility Plan has various zones 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. 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. In the nine months since the Planning Commission meeting both the applicant and staff has researched the issue. In 1994 a section was added to the California Aeronautics Act (Public Utilities Code Section 21674.7) requiring airport land use commissions to utilize the "California Airport Land Use Planning Handbook" (1993 edition) as a guide for the formulating, adopting and or amending the a comprehensive airport land use plan. The handbook was revised in 2002 to incorporate more safety data which further refined the compatibility zones. The existing Airport Land Use Compatibility plan suggests limiting residential development (similar to this proposal) within 10, 000 feet of the runway. The new handbook restricts this type of residential development in the area 7, 000 feet from the runway. The applicant's entire project is located further than 7, 000 feet from the end of the runway. The handbook recommendations are based on accident frequency and the attendant risk to populations. The area beyond 7,000 feet from runways of similar airports has shown a low frequency of accidents occurring. The sole reason for Planning Commission denial of the northern 30 acres was public safety. They and staff did not have the benefit of this research into changes in airport land use compatibility changes. There no longer appears any reason to not support this request based on public safety considerations. Staff recommended general approval of this proposal as the southeastern portion of Bakersfield has long languished behind the other city quadrants in terms of development. There has been a significant increase in development interest as housing prices and level of residential construction has increased sharply in the last 2 years. No significant other issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission MG AdminlaugI9-7-1337 ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Hearings ITEM: ¡-j.b. TO: FROM: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD 5t-- July 27,2005 CITY ATTORNEY ¿/6- CITY MANAGER ,4£; DATE: SUBJECT: General Plan Amendment/Zone Chanoe No. 05-0338 (Ward 4) Marino/Associates representing King-Gardiner Farms LLC, Sure Foundation Baptist Church, and Vivian Price, the property owners, has proposed a general plan amendment and zone change on 80 acres for which annexation into the City is proposed, and cancellation of a Williamson Act Land Use Contract on 60 of the 80 acres. The project site is located on the south side of Snow Road (future) between Allen Road and Renfro Road (future ). 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 80 acres. 2. First reading of ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 70 acres and from A (Agriculture) to R-1-CH (One Family Dwelling - Church Overlay) on 10 acres. 3. Resolution adopting the Negative Declaration and approving the cancellation of a Williamson Act Land Use Contract on 60 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed general plan amendment and first reading of an ordinance. BACKGROUND: The proposal would allow for the development of approximately 285 single-family residential units and a church on the aO-acre project site subsequent to annexation into the City of Bakersfield. Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of agricultural conversion proposals. These factors have been ADMINISTRATIVE REPORT Page 2 analyzed in an Agricultural Land Evaluation and Conversion Assessment prepared for this project by WZI Inc. The conclusion of the assessment is that conversion of the property to urban uses is a less than significant impact, which staff and the Planning Commission concur with. Sixty acres of the project site are part of a larger, 292-acre property which has been under a Williamson Act Land Use Contract since 1996; because a Notice of Non- renewal was filed by the property owner in 2001, the contract is set to expire in 2011. Cancellation of the Land Use Contract on the 60 acres that are within the project site can be accomplished by paying the deferred taxes to the County Treasurer as a cancellation fee, which the Kern County Assessor's Office has calculated to be $443,175. Pursuant to Government Code Section 51282, the City Council may grant tentative approval for cancellation of a Land Use Contract if it finds that the cancellation is consistent with the purposes of the Williamson Act. The five mandatory findings for the cancellation of a Land Use Contract are contained in the attached draft resolution. Conditions of approval and mitigation measures which address air quality, transportation and parks impacts are included as part of project approval. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on June 16, 2005. Harry Love representing the Sierra Club provided testimony to the Planning Commission during the hearing. Mr. Love referred to the Sierra Club's comment letter dated June 9, 2005, which addresses numerous issues including air quality, energy conservation, light pollution, agricultural land conversion, biological resources, and traffic, and requests the preparation of an EIR for the project; the Sierra Club's letter and staff responses are contained in the backup material for this project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared and posted on May 12, 2005, in accordance with CEQA. PH Admin\9-17 -0338 ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Hwri V\C\ ITEM: \~.~. J TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Dir. APPROVED DEPARTMENT HE~Q:'-ln,i t; c 5{ 7" CITY ATTORNEV"10 £m S- August 31,2005 CITY MANAGER t1r-~ SUBJECT: General Plan Amendment/Zone Chanoe No. 04-0671 (Ward 4) Project Design Consultants representing Rosedale Ranch, the property owner, has proposed a general plan amendment and zone change on 1,655 acres for which annexation into the City is proposed. A Development Agreement is also proposed. The project site is bounded by 7th Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 04-0671/Annexation No. 499, known as the Rosedale Ranch Project. 2. Resolution approving a general plan amendment to change the land use designation from LMR (Low Medium Density Residential); LI (Light Industrial); and SI (Service Industrial) to LR (Low Density Residential); LMR (Low Medium Density Residential); HMR (High Medium Density Residential); GC (General Commercial); MUC (Mixed Use Commercial); and LI (Light Industrial) on 1,655 acres; and approving a general plan amendment to change the Circulation Element alignment of the future West Beltway through the project boundaries, and the realignment of Kratzmeyer Road/Olive Drive to the south of the site to create a new interchange with the West Beltway. 3. First reading of an ordinance approving an amendment to Title 17 of the Municipal Code by prezoning to R-1 (One-Family Dwelling); R-1/PUD (One-Family Dwelling/Planned Unit Development); R-2 (Limited Multiple-Family Dwelling) R-2IPUD (Limited Multiple- Family Dwelling/Planned Unit Development) C-1 (Neighborhood Commercial); C-2 (Regional Commercial); C-2IPCD (Regional Commercial/Planned Commercial Development); and M-1 (Light Manufacturing) on 1,655 acres; and approving a Development Agreement. RECOMMENDATION: Staff recommends continuance to September 28, 2005. ADMINISTRATIVE REPORT Page 2 BACKGROUND: The proposed general plan amendment and prezoning would allow for the development of a new master planned community, including single- and multi-family residential, recreational, school, commercial, and industrial land uses on approximately 1,655 acres of land. A Development Agreement which sets forth the developer's financial responsibilities in return for the ability to proceed with the project in accordance with the existing policies, rules, and regulations is proposed. Urban development of the project site has been planned for many years, beginning with the adoption of the Rosedale Community General Plan and the Western Rosedale Specific Plan (WRSP) by the County of Kern in 1980 and 1994, respectively. Subsequently, an amendment to the WRSP covering approximately 6,536 acres, inclusive of the project site, was adopted by the County in 1996. These plans were subsequently incorporated into the County of Kern General Plan, and most recently into the Metropolitan Bakersfield General Plan adopted jointly by the County and the City. It is notable that the adopted land use plan for the project area is significantly more intense than the current proposal. The Planning Commission conducted a public hearing on this proposal and recommended approval to the City Council on July 7, 2005. Gordon Nipp representing the Sierra Club provided testimony to the Planning Commission during the hearing. Mr. Nipp's primary issues of concern were the loss of farmland and traffic; the Sierra Club's comment letter on the Draft EIR and staff responses are contained in the Final EIR. Others who provided testimony to the Planning Commission during the hearing were in support of the proposal. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on January 25, 2005, an adequacy hearing to receive comments on the Draft EIR on May 5, 2005, and a hearing on the Final EIR on July 7, 2005. The Final EIR was recommended for certification by the Planning Commission on July 7, 2005. Copies of the Final EIR on CD are contained in the Councilmember binders; hard copies of the Final EIR are available in the City Clerk's Office. Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the Uniform Building Codes, agricultural resources, noise, and transportation/traffic impacts would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring plan and the adoption of CEQA Findings and a Statement of Overriding Considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093. PH Admin\9-7-0671 ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Hearings ITEM: IL-\.a... TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services August 23, 2005 APPROVED DEPARTMENT HEAD ~ ,th S6i. CITY ATTORNEY vÇ...- CITY MANAGER A..P___ SUBJECT: General Plan Amendment 04-2005 (Ward 1) The City of Bakersfield has proposed a general plan amendment to the Circulation Element and is adopting a Specific Plan Line for the Washington Street alignment. 1. Resolution adopting the Negative Declaration and adopting the General Plan Amendment to the Circulation Element and adoption of a specific plan line. RECOMMENDATION: Staff recommends adoption of the resolution adopting the negative declaration and approving the general plan amendment and adoption of a specific plan line. BACKGROUND: This item was continued from the August 17, 2005 City Council meeting because of issues regarding street improvement costs. Public Works was directed to meet with a property owner along the alignment in order to clarify costs. The result of that effort will come to you under separate cover. The City of Bakersfield Public Works Department has requested a change to the Washington Street alignment to address issues with an existing golf course and provide a distinct separation between urban development and the City of Bakersfield Waste Water Treatment Plant Washington Street is a Collector (4 lane facility) which is not yet constructed. The portion of Washington Street subject to this proposal is between Casa Loma Drive and East Pacheco Road. This area has seen considerable development activity in the form of entitlements acquisition (GPA, Zone changes). Generally, there has been a concerted effort on the part of many different property owners and the city to transform vacant, or underutilized areas, long designated for industrialization to residential in response to the incredible housing market locally. More houses are now built in the southeastern quadrant of the city than the northeastern quadrant. ADMINISTRATIVE REPORT Page 2 The existing alignment now runs thru the middle of an existing golf course and it appears unlikely that it could ever be built. The proposed specific plan line moves Washington Street to the east next to the waste water treatment plant effectively providing some separation between the plant to the east and urbanization on the west side of the Washington Alignment. No one spoke in opposition to this proposal at the planning Commission meeting. MGladmin\8-17-2005 ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Hearings ITEM: TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services August 23, 2005 APPROVED DEPARTMENT HEAD~.n.... .s;61 CITY ATTORNEY tÆ- DATE: CITY MANAGER k , SUBJECT: General Plan Amendment/Zone Chanoe 04-0815, appealed. (Ward 4). Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, ET. AL. has applied for a general plan amendment and zone change on 82.5 acres, located along the north side of Snow Road, generally between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning Commission decision to deny the proposal. 1. Resolution adopting the Negative Declaration and adopting the requested general plan amendment from SR (Suburban Residential) to LR (Low Density Residential). 2. First reading of ordinance adopting 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). RECOMMENDATION: Staff recommends adoption of resolution, upholding the appeal, adopting the negative declaration, approving the general plan amendment and first reading of the ordinance. BACKGROUND: This item was continued by the City Council at their August 17, 2005 meeting in order to permit the applicant the opportunity to address issues identified by the adjacent property owners. The applicant has indicated that they will begin meetings with the Councilperson and neighborhood the week of August 29, 2005. The proposal is to amend both the general plan and zoning to allow the development of single family dwellings on lots with a minimum size of 6,000 square feet. After considerable public debate, the Planning Commission recommended denial of the case. The applicant appealed the decision by the Planning Commission. There are two basic issues regarding this proposal, compatibility with the existing neighborhood and mineral rights access. The following is a discussion of the issues and forms the basis for staff's recommendation for approval of the project and upholding the appeal by the applicant. ADMINISTRATIVE REPORT Page 2 The adjacent neighborhood was generally supportive of the request with a tier of Yo acre lots between this new proposal and the existing neighborhood. Two other possible measures to possibly "buffer" the two developments were discarded as impracticable. One of these measures was a wall not on the project site which may have been impossible for the applicant to construct. The other measure was a multi-purpose trail which connected the existing neighborhood to a canal to the east. This was dropped as it was very unlikely the canal operator would open the canal right-of-way for use by the general public. The mineral rights owner (Crimson Resource Management) expressed concerns regarding the mineral extraction operations in the general area and on the project site. There are only three wells on the 82.5 acre site. The City of Bakersfield Subdivision Ordinance provides various methods for providing mineral owners rights to access at the time of subdivision. Our ordinance has been called a "model" of how to address mineral rights extraction by the Department of Oil Gas and Geothermal Resources. Despite considerable experience with literally dozens of subdivisions where this specific issue was addressed by this Commission, some Commissioners were mistakenly under the impression the issue needed resolving at the general plan stage. Staff pointed out that attempting to address mineral rights issues at the general plan stage is an error, inconsistent with local ordinance and past practice. MG:pjt Adminlaugl9-7 -OB15 ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Hearings ITEM: 111. c.. TO: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Dir. DEPARTMENT HEADg~"'" ,<:/"", August 23, 2005 CITY ATTORNEY c/C.- CITY MANAGER + SUBJECT: General Plan Amendment/Zone Chanoe No. 04-1704. ADDealed (Ward 7) FROM: DATE: Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving Gerald Almgren's of Kern Delta Land Development Corp. proposal for a general plan amendment on 2.83 net acres and zone change on 2.04 net acres located on the east side of Wible Road approximately 200 feet south of Berkshire Road. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from LMR (Low-Medium Density Residential - greater than 4 units but less than or equal to 10 dwelling units per net acre) to HMR (High-Medium Density Residential - greater than 7.26 units but less than or equal to 17.42 dwelling units per net acre), on 2.83 net acres 2. First reading of Ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code and Zoning Map 123-25 changing the zoning from R-1 (One Family Dwelling) zone to R-2 (Limited Multiple Family Dwelling - 1 unit per 2,500 sq. ft.) zone on 2.04 acres. RECOMMENDATION: Staff recommends adoption of a resolution, denying the appeal, approving the Negative Declaration, approving proposed general plan amendment and first reading of the ordinance. BACKGROUND: This project was continued at the August 17, 2005 City Council meeting to allow staff time to address several issues raised at the public hearing and correspondence received from Richard Harriman on behalf of the Wible Road Action Group. Staff is in the process of preparing responses, however, these responses are not available at the time of preparation of this Administrative Report. Responses will follow under separate cover. ADMINISTRATIVE REPORT Page 2 The project is located within a strip of land sandwiched between an arterial street and new single family residential development. The City will serve the site with sewer. Water service will be provided by California Water Service. The project site is located within an area of rapid development. There are five active or pending tentative tracts within Y. mile. To the north, adjacent to the site is a meeting hall for the City Fire Fighters Union and one single family house. To the east is a developing single family residential neighborhood and storm drain retention basin. To the south is mixed rural residential and vacant properties. To the west (across Wible Road) is an existing single family residential neighborhood. The neighborhood across Wible Road has double frontage lots with a concrete block wall and landscaping facing the project. The site is a narrow linear "T" shaped parcel with 638 feet of frontage along Wible Road. The depth varies from 150 feet (at the north and south ends) to 269 feet (in the middle section). The site is vacant with the exception of one abandoned house (to be removed). A dirt lined canal runs along the east side of the narrower part of the property and traverses through the wider section (severing access to the eastern most portion of the project). The project is in an area with several recently developed or developing single-family residential tracts. The nearest developed multiple family residential is approximately 1 mile away (north of Panama Lane approximately 500 feet west of Wible Road). There are no other multiple family developments in the area. Within a one-mile radius of the site there is approximately 50 acres of multiple-family zoned properties, which represents a ratio of approximately 3 percent of the net land area in this vicinity. The ratio of multiple-family zones to net land area on a city wide basis is approximately 6.5 percent. Allowing additional multiple-family housing opportunities in the area will increase the variety of residential types and densities to be more consistent with that available on a citywide basis. The project is an extension of R-2 zoned property (northern portion of project and land to the north) and is adjacent to a meeting hall and a major transportation corridor (Wible Road). In addition, the shape and configuration of the lot lends itself better to multiple-family design than single-family subdivision design. The project is oriented in a north-south configuration, parallel with Wible Road and is isolated from the subdivision to the east because of road configurations and other constraints (I.e. canal and storm drain basin). To design an effective single-family residential development on the site would be difficult. Issues and concerns were raised by surrounding neighbors at the time of Planning Commission. The item was continued from the June 16, 2005 Planning Commission Meeting in an effort to allow the project applicant and affected neighbors to meet and attempt to resolve concerns. The applicant met with the neighbors on June 27, 2005 and discussed several issues. It was determined at that meeting to appoint representatives from each of the affected neighborhoods to again meet and attempt to draft conditions that would address the issues and concerns brought up by the neighborhoods as a whole. The neighborhood representatives met with the applicant on June 30, 2005. Two sets of additional conditions were drafted and agreed upon by both parties. The major changes agreed upon included the following: -----------.....----.- ADMINISTRATIVE REPORT Page 3 · A reduction in density from 40 units to 30 units. · Limited access to Wible Road. · Bermed landscaping along the Wible Road frontage. · Tile roofs and earth-tone exteriors. · 15 foot setback from the east property line with evergreen trees along said east line. · Conditions and Restrictions to be recorded limiting buildings to one story, requiring plans are used on record, controlling the exterior appearance of structures, and controlling common access and maintenance. One set of conditions addresses the general plan amendment and is applicable to the project as a whole (2.83 acres). The second set of conditions addresses only the zone change portion of the project (2.04 acres). A letter appealing the decision of the Planning Commission was received in the City Clerk's office on July 15, 2005. The appellants have voiced concerns over the conditions agreed upon between the applicant and neighborhood representatives mentioned earlier and feel they are not representative of the desires of the neighborhood as a whole. 02- Admin\9-7-1704 ADMINISTRATIVE REPORT MEETING DATE: September 7,2005 AGENDA SECTION: Hearings ITEM: I'-I.d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services August 31,2005 APPROVED DEPARTMENT HEA~ ~ CITY ATTORNEVt1D 4/Z /¿¡ìl$- CITY MANAGER fJc SUBJECT: Vestina Tentative Tract 6328, aDDealed (Ward 5) The Sierra Club appealed the Planning Commission's decision approving Vesting Tentative Tract 6328 and the Negative Declaration, located on the southwest corner of Panama Lane and Mountain Vista Road. (SmithTech USA, Inc. / Subdivider: Lennar Homes). 1. Resolution upholding the decision of the Planning Commission approving Vesting Tentative Tract 6328 located on the southwest comer of Panama Lane and Mountain Vista Road, and denying the appeal by the Sierra Club. RECOMMENDATION: Staff recommends adopting resolution upholding the Planning Commission decision to approve Vesting Tentative Tract 6328, and deny the appeal. BACKGROUND: On May 19, 2005, the Planning Commission approved Vesting Tentative Tract 6328 containing 289 lots for purposes of single family development and 1 sump lot on 79.83 acres, zoned R-1 (One Family Dwelling) including a request for alternate lot design, and to waive mineral rights signatures pursuant to BMC 16.20.060 A.1., located on the southwest corner or Panama Lane and Mountain Vista Road. The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision stating the cumulative impacts to air quality, agricultural land conversion and traffic are significant. See attached letter of appeal from the Sierra Club. Prior to the Planning Commission hearing, the Sierra Club submitted a letter in opposition to the project, which staff prepared responses (Background Attachment # 1). Mr. Nipp spoke during the Planning Commission hearing. ADMINISTRATIVE REPORT Page 2 Mr. Nipp is of the opinion the cumulative analysis in the air quality study is flawed. The San Joaquin Valley Unified Air Pollution Control District (APCD) submitted correspondence that concurred with the conclusions of the "Air Quality Impact Analysis" prepared by WZI, Inc. Fred Woody, of WZI, testified that the study was prepared in accordance with APCD requirements, and the APCD concurred with the study's findings. The air quality study was prepared for related GPA/ZC #04-0435 on the subject property, which was approved on August 18, 2004. Mr. Nipp's opinion that the study was incorrectly prepared is not substantiated by APCD. An agricultural land conversion study was also prepared for GPA/ZC #04-0435. The study evaluated conversion of the agricultural land to urban uses in relation the General Plan policies. The study determined that the conversion would be less than significant. A traffic study was prepared for GPA/ZC #04-0435. Mitigation measures are included in the tract's conditions of approval to reduce impacts to less than significant levels. Cumulative traffic impacts have been addressed with the adoption of the Regional Transportation Impact Fee (TIF), which this project will pay. The TIF evaluated the existing single family residential land use of the project site in identifying the improvements needed to serve it. The cumulative traffic impact is less than significant and no further traffic study is needed. Conclusion: Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and incorporated into the Initial Study/Negative Declaration previously adopted with approval of GPAlZC # 04-0435. Staff recommends upholding the Planning Commission's decision to conditionally approve the tentative tract map and deny the appeal. JE Admin\9-7-6328 --....--.-.---......-...-- ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: Hearing ITEM: I~, e . TO: FROM: Honorable Mayor and City Council Stanley C. Grady, Development Services August 11, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 5G- ~ Jt:., DATE: SUBJECT: General Plan Amendment/Zone Change No. 04-0057/Williamson Act Contract Cancellation (Appealed). (Ward 5 and 6). QUAD KNOPF INC., for Gosford-Panama Partners, LLC. has proposed a general plan amendment with a concurrent zone change, Williamson Act Contract Cancellation for property located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road, for the purposes of developing a mixed use development in the City of Bakersfield. An appeal by George B. Martin representing Golden Empire Concrete and Structure Cast was filed opposing the Planning Commission recommendation to approve the project. 1. A Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 04-0057/Annexation No. 440, known as Gosford-Panama annexation. 2. A Resolution making findings approving a general plan element amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial), LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR (High Density Residential) on approximately 300 acres and circulation element amendment to eliminate the Collector designation of Progress Road between Panama Lane to McCutchen Road. 3. First Reading of the ordinance approving an amendment to Title 17 of the Bakersfield Municipal Code and changing Zoning Map No. 123-29 by changing the zoning from A (Agriculture) to M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), MH (Mobile Home), and C-2IPCD (Regional Commercial/Planned Commercial Development) zones on approximately 300 acres. 4. Resolution making findings, approving the cancellation of land use restrictions of a land conservation contract (Williamson Act) on approximately 300 acres. RECOMMENDATION: Staff recommends denying the appeal and adopting the Resolutions and first reading of the Ordinance. ADMINISTRATIVE REPORT Page 2 BACKGROUND: The amendments to the Land Use Element and Circulation Element of the General Plan would result in the development of commercial uses (55 acres) at the southwest corner of Gosford and Panama Lane, light industrial uses (19.5 acres) south of the concrete batch plant east of Progress Road, multiple family uses (62.9 acres) south of the light industrial area and single family uses (143 acres) near the southern portion of the site, and another commercial area (9 acres) at the northwest corner of McCutchen and Gosford Roads. The Circulation Element is to eliminate Progress Road between Panama Lane and McCutchen Road as a Collector segment on the Circulation Map. This will allow the development of Progress Road as a local street. The concurrent zone change will be consistent with the proposed land use amendment noted above and will change to zone districts to M-1 on 19.5 acres, R-2 on 36 acres, MH on 28.8 acres, R-1 on 143 acres, and C-2/PCD on 67.28 acres. The proposal provides a logical extension for a mixed use development in the path of development south of the City of Bakersfield. The general plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows the incremental expansion of infrastructure and public services. The proposal complies with the general plan's criteria. The general area north of the site, north of Panama Lane, has been developed with urban uses including Silver Creek, Gosford Village and other residential developments. The Planning Commission conducted a public hearing on the general plan amendment/zone change case and recommended approval to the City Council on July 7,2005. There were three property owners that were in opposition to the project throughout the EIR process and the GPA/ZC case, which included the industrial property owners adjacent to the project site. At the July 7, 2005, public hearing, the representative from the Sierra Club spoke in opposition to the project and gave testimony as to inadequacy of the environmental document. At the hearing the environmental consultant along with city staff and other professional consultants gave "testimony in the record" in response to the Sierra Club comments. George B. Martin representing the Golden Empire Concrete and Structure Cast industrial companies filed an appeal to the Planning Commission decision to approve the project without proper buffering space between the industrial properties to the south of the site and the residential property to the north of McCutchen Road. The development proposes a commercial site along the north side of the industrial area and single family residential uses north of McCutchen Road. McCutchen Road is designated as an Arterial segment and will have an eventual width of 110 feet of right-of-way (with 6 lanes of traffic) and the requirement of a six foot high masonry block wall along the street. In addition, the mitigation measures for the proposal also provide for a final acoustical analysis to be conducted to confirm the required location and height of sound walls when a site plan with sufficient detail is available (I.e., site grading, pad heights, lot design, and setbacks). These noise measures were added to the development due to comments received from the industrial property owners. Also, an odor assessment was conducted through the EIR process for the project which found that odor concentrations from the nearby sewage plant and industrial uses will not exceed the San Joaquin Valley Air Pollution Control District thresholds. ADMINISTRATIVE REPORT Page 3 The Department of Conservation has opposed the cancellation of land conservation contract (Williamson Act) on the project site. The Department does not agree with the three of the findings made by city staff, which indicate the following: that removal of adjacent land from agricultural use is unlikely, discontiguous patterns of urban development will not result if the project site is left in the contract and there is no proximate noncontiguous land available for the project development. There are several project proposals surrounding the project site for the development of urban uses. Those projects The California Environmental Quality Act (CEQA) requirements have been followed by staff and the planning commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, an EIR was prepared, in accordance with CEQA. The Planning Commission and Staff conducted several hearings on the EIR including a public scoping meeting on October 21, 2004, an adequacy hearing to receive comments on the Draft EIR on January 6, 2005, and a hearing on the EIR on July 7, 2005. The EIR was recommended for adoption by the Planning Commission on July 7, 2005. Although compliance with local ordinances, state laws, construction to the Uniform Building Codes and mitigation measures incorporated into the project as conditions of approval, there are two impacts that are still significant. (These mitigation measures, along with the entire EIR are contained on a disk within the Council Binders, available in the City Clerk's Office, the Development Services Department and the City's webpage.) Unavoidable impacts which cannot be reduced to less than significant levels through mitigation are: agriculture and aesthetic issues. The EIR proposes a Statement of Overriding Considerations for these issues. Staff recommends approval of the Final EIR, with mitigation measures and accompanying mitigation monitor plan and the adoption of CEQA findings per Section 15091 and the Statement of Overriding Considerations per Section 15093. MO Admin\9-7-0057 ADMINISTRATIVE REPORT MEETING DATE: September 7, 2005 AGENDA SECTION: New Business ITEM: IS.a. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD óZJS CITY ATTORNEY yç CITY MANAGER ((133 FROM: Alan Tandy, City Manager DATE: September 2, 2005 SUBJECT: Memorandum of Understanding between the City of Bakersfield and the Bakersfield Redevelopment Agency for the Sale of 1,280 Surplus Acres of City Property Commonly Known as the 5,000 Acre Southeast Farm. (Ward 1) RECOMMENDATION: Budget and Finance Committee recommends Council discussion and consideration of the Memorandum of Understanding. BACKGROUND: The City has a unique opportunity to attempt to realize a gain on land long held in our ownership, which in our "hof' real estate market may have appreciated in value since it is now in the pathway of development. The purpose of the Memorandum of Understanding is to provide a legal means to explore the possibility and feasibility of such a gain. It needs to be made clear that there is no certainty of a gain. While 14 groups have expressed some level of interest, none have yet been called upon to offer guarantees. Also, the "offsef' costs to make the Wastewater Fund whole are not yet firm. The recommended process will determine if the potential gain can be made real, or not. The property under consideration is currently being utilized as part of a 5,OOO-acre farm and is essentially raw land upon which partially treated wastewater is spread and further treated through the growing of plants. If this property is sold, it will be necessary to replace the lost sewer capacity either through a subsequent replacement land purchase or by providing an upgrade of the sewer plant to include tertiary treatment. This land is located in an area in the southeast part of town and is experiencing rapid encroachment of urban uses. The City and the Redevelopment Agency desire to help stimulate the economy and encourage community development in the southeast. Staff has determined that a unique opportunity exists for redevelopment of this property through a joint venture between the City and the Redevelopment Agency. The venture would allow the City to convey the property to the Redevelopment Agency. Subsequent to this conveyance, the property would be sold by the Agency upon receipt of an acceptable proposal by developer to both City and Agency, in an amount sufficient to generate enough funds to meet the current and future sewer capacity needs and also provide funds that could be used by the Redevelopment Agency for additional redevelopment activities. The venture plan calls for the Redevelopment Agency to purchase it from the City with certain conditions as detailed in a Memorandum of Understanding. The attached Memorandum of Understanding provides the framework for the City and the Agency to proceed in relationship to exploring this potential real estate transaction. The MOU is just the first ~tep i.n the transaction. Once the MOU is executed, the key components of the actual real estate transaction will S:\Admin Rpts\2005\CityFarm - New Bus - 090705.doc 91212005 9:03 AM AT:al ADMINISTRATIVE REPORT Page 2 be clarified and incorporated into a purchase/sale agreement which will be bought back to the City Council for approval at a later time. Provisions of the Memorandum of Understanding are summarized as follows: .:. The City will declare the property as surplus and convey the property to the Redevelopment Agency, taking back a note. The proposed conveyance and its subsequent disposition to the private sector for commercial and residential development will be subjected to appropriate environmental review and all applicable entitlement processes. .:. The sales price will be determined to be the cost of the necessary sewer replacement land and any related costs associated with bringing required pipes to a new sewer farm spreading area, or the cost of tertiary treatment equipment for the sewer plant. The final sales price could also include the amount of any sewer funds that may be loaned to the Redevelopment Agency that would be needed by the Agency to properly zone and entitle the property such as engineering, planning and permitting costs in preparation for its resale to a private developer. This pricing procedure assures that the City's sewer fund is made completely whole in the transaction under this scenario .:. The Redevelopment Agency will take the necessary steps to have the property entitled. A solicitation for developer qualifications and development proposals will be conducted by the Redevelopment Agency, and a developer and development plan will be selected. The Redevelopment Agency will negotiate and sell the property to one or more selected developers. The Redevelopment Agency will pay the required sales price as outlined above to the City to replenish the sewer fund immediately upon resale of all or part of the land to a developer. .:. The City Council may retain or allocate all or a portion of any profits generated by the sale of the property for any purpose they so choose. .:. The City and Agency will be required to execute multiple, joint documents throughout this process. It is the intent of the City and Agency that these documents will fulfill the full intent of this initial Memorandum of Understanding. Other Considerations: California Community Redevelopment law does provide for authority of an agency to operate outside the project area under certain circumstances. An agency, at the request of the legislative body (City Council) of the community, may accept a conveyance of real property (located within or outside of a survey area) owned by a public entity and declared surplus by the public entity or owned by a private entity (Health & Safety Code 33396). Staff believes that it is premature to allocate potential gains from the transaction, if any are realized, Unrealistic expectations as to the amount and/or uses for the funds may the effect of producing negativity or disappointment instead of an excellent opportunity for positive benefit to the community. The Budget and Finance Committee met twice to review the proposed MOU and recommended some changes to the document which provide for greater Council discretion regarding the process. The Committee had some remaining questions and recommended that this item be discussed and considered by the entire City Council. Attached is a memo responding to questions asked of staff at the Budget and Finance Committee meeting on August 31, 2005. S:lAdmin Rpts\2005\CityFann - New Bus - 090705.doc 9/2120059:03 AM BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 17, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Report on the sale of the City Farm. City Manager Tandy provided an overview, showed maps and made staff comments. Councilmember Carson requested the Budget and Finance Committee review the information presented and make a recommendation to the Council. Council requested staff provide information regarding circumstances surrounding the City's acquisition of the land. 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 - Anthony Campbell, et al v. City, et al. Bakersfield, California, August 17, 2005 - Page 2 4. CLOSED SESSION continued b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case - Surrounding Objections to GPA/ZC 04- 1704) City Clerk McCarthy read into the record the following additional information: "The facts and circumstances which permit this Closed Session include, but are not limited to, information that neighbors surrounding this project have formed a citizens' action group to protest this project, and, retained an attorney to file an action against the City." Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:47 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6:27 p.m. RECONVENED MEETING - 6:30p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Councilmember Carson 7. PLEDGE OF ALLEGIANCE by Randi Flores, 4th Grade Student, and Toni Flores, 2nd Grade Student at Endeavor Elementary School. B. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 - Anthony Campbell, et al v. City, et al. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case - Surrounding Objections to GPA/ZC 04- 1704) b. ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, August 17, 2005 - Page 3 B. CLOSED SESSION ACTION continued City Attorney Gennaro announced Councilmember Scrivner will recused himself on item 8.b. due to a conflict of interest. 9. PRESENTATIONS a. Presentation by Mayor Hall and City Council to Congressman Bill Thomas in appreciation for securing federal highway funding for five major local transportation projects. Congressman Thomas made comments and accepted the Presentation. 10. PUBLIC STATEMENTS a. Stan Shires, Executive Director of the North of the River Chamber of Commerce, recognized the City Council and the Public Works Department. b. Robert Barnard spoke regarding train horn blowing. Councilmember Benham requested staff respond to Mr. Barnard's concerns and obtain contact information from Mr. Barnard. c. John Decker spoke regarding the street light in front of 521 E. 18th Street and train noise. Councilmember Benham requested staff provide an explanation regarding the length of time involved in repairing the street light. Councilmember Maggard requested staff explore the feasibility of requesting a City exemption from the law requiring trains to blow whistles at all street crossings. d. Shane Ellis, General Manager for Kern Charter Services at the Municipal Airpark, and John Harmon spoke regarding a possible restaurant at the Airpark. e. Susan Salvucci spoke regarding the extension of Belle Terrace. Councilmember Carson requested staff contact Ms. Salvucci and provide responses to her questions. f. Ken Smokoska representing The California Alternative Energies Corporation, spoke regarding solar homes. ACTION TAKEN Bakersfield, California, August 17, 2005 - Page 4 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 20, 2005 Regular Council Meeting. Payments: b. Approval of department payments from July 8, 2005 to August 4,2005 in the amount of $14,023,342.08 and self insurance payments from July 8, 2005 to August 4, 2005 in the amount of $1 ,340,271.57. Ordinances: c. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map NO.1 04-17) of the Municipal Code changing the zoning from R-1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 100.16 acres located on the southwest corner of Panorama Drive and Masterson Street. (File 05-0298) d. Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map NO.1 04-17) of the Municipal Code changing the zoning from R-1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 183.84 acres to allow a gated street seniors development generally located between Paladino and Panorama Drives, Masterson Street and Vineland Road. (File 04-1572) e. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-05 from an A (Agriculture) to E (Estate) on 98.7'!:. acres, located on the southeast corner of Calloway Drive and Etchart Road. (Applicant: SmithTech USA) (ZC 05- 0221). ACTION TAKEN FR ORD 4262 ORD 4263 Bakersfield, California, August 17, 2005 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN Resolutions: f. Assessment District No. 05-3 (Liberty II/Village GreenrT esoro-Encanto/Lin/Rider/Diamond Ridge): 1. Resolution approving boundary map. RES 173-05 2. Resolution of Intention No. 1398. RO/1398 3. Resolution accepting petition and RES 174-05 determining to undertake special assessment proceedings. 4. Agreement with Wilson & Associates for AGR 05-286 assessment engineering. 5. Agreement with Orrick, Herrington & Sutcliffe AGR 05-287 for legal services (bond). 6. Agreement with Pillsbury Winthrop Shaw AGR 05-288 Pittman LLP for legal services (disclosure). g. Resolution determining that playground equipment RES 175-05 and structure components for Quailwood Park and Campus Park North cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $102,000.00. h. Resolution adding territory, Area 1-58 (Snow RES 176-05 Rd/Verdugo NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. i. Resolution adding territory, Area 3-35 (Hosking/99 RES 177-05 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. j. Resolution of Intention No. 1395 adding territory, ROt 1395 Area 3-36 (Hughes/McKee SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, August 17, 2005 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN k. Resolution of Intention No. 1396 adding territory, Area 3-37 (Panama/Buena Vista NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1396 L Resolution of Intention No. 1397 adding territory, Area 2-30 (Stockdale/Renfro SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1397 m. Resolution of Intention No. 1381 to order the RO/1381 vacation of 0 Street between Truxtun Avenue and 17th Street. (Vacation of this street and alley will be contingent upon GSA's award of contract to TACT Development for the development of the Federal Courthouse project.) Agreements: n. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements AGR 05-289 with Bakersfield Panorama L.P. for Tract AGR 05-290 6193 Phase 1 located easterly of Kern Canyon Road and north of Chase Avenue. 2. Improvement Agreement with Kern-HH&R AGR 05-291 Partners for Parcel Map 10898 located south of Riverlakes Drive and west of Coffee Road. 3. Final Map with Laurelglen Realty, LLC for Tract 6348 located north of N. Half Moon Drive and west of Ashe Road. 4. Final Map for Tract 6118 Unit 6 and AGR 05-292 Agreements with Centex Homes for Tract AGR 05-293 6118 Units 6, 7 and 8 located south of Snow AGR 05-294 Road and west of Old Farm Road. 5. Final Map for Tract 6195 Unit 5 and AGR 05-295 Agreements with Centex Homes for Tract AGR 05-296 6195 Units 5, 6, 7 and 8 located south of Snow Road and east of Allen Road. Bakersfield, California, August 17, 2005 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN o. Baker Street Crossing: 1. Agreement with Union Pacific Railroad (estimated cost $99,855.00) for improvement of the Baker Street crossing of the Union Pacific tracks. AGR 05-297 2. Void existing Agreement No. 05-028 with Union Pacific Railroad for same crossing. p. Agreement with J. Stanley Antongiovanni (not to AGR 05-298 exceed $1.00 per year for three years) to rent a future city park site located north of Hosking Road, east of Ashe Road and south of Berkshire Road for farming purposes. q. Mesa Marin Softball and Soccer Recreation REMOVED FOR Complex: SEPARATE CONSIDERA TION 1. Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to provide design services in the conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. 2. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast-Zone 3) for Mesa Marin design services. Ground Lease with John Harmon for purposes of REMOVED FOR r. SEPARATE constructing a restaurant at the Bakersfield CONSIDERA TION Municipal Airport. Contribution Agreement with the Bakersfield AGR 05-300 s. Symphony Orchestra ($50,000.00) for Fiscal Year 2005-06. t. Agreement with California Water Service Company AGR 05-301 for construction of a booster station on Paladino Drive, east of Masterson Drive. u. Amendment NO.1 to Agreement No. 05-130 with AGR 05-130(1) Marderosian, Runyon, Cercone, Lehman & Armo ($50,000.00, total contract not to exceed $100,000.00) for outside legal services in the matter of Anthony Campbell, et al v. City, et al. Bakersfield, California, August 17, 2005 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN v. Amendment NO.3 to Agreement No. 01-018 with AGR 01-018(3) AmeriNational Community Services, Inc. to add specific language to the existing agreement regarding the City's down payment assistance programs. w. Amendment NO.1 to Agreement No. 04-293 AGR 04-293(1) ($1,500,000.00, revised contract not to exceed $3,000.000.00) with Granite Construction Co. for street materials for the Streets Division. x. Improvement Plan Checking Engineering Services: 1. Amendment NO.1 to Agreement No. PW05- AGR 05-302 028 with CRC Enterprises, Inc., ($50,000.00, total contract not to exceed $70,000.00) for design engineering assistance in the updating of City standards, specifications and ordinances. 2. Appropriate $30,000.00 Capital Outlay Fund balance to the Capital Improvement Budget. y. Amendment NO.1 to Agreement No. 02-077 with AGR 02-077(1) State of California, Department of Transportation (Caltrans) for the preparation of plans and specifications for the interchange on State Route 178 at Fairfax Road. z. Street Improvements - Right Turn Lanes at Truxtun @ Office Park, Truxtun @ Commercial Way, and, Ming Ave. @ SR99: 1. Contract Change Order NO.1 to Agreement AGR 04-336 CC01 No. 04-336 with Griffith Co. ($24,189.34, revised contract not to exceed $401,766.34) for projects. 2. Appropriate $25,000.00 Gas Tax Fund balance to the Capital Improvement Budget. Bids: aa. Accept bid to award contract to AC Electric AGR 05·303 ($88,980.00) for median modification and traffic signal and lighting installation (signal portion only) on Q Street at 14th Street. -_._-_..~_._..- Bakersfield, California, August 17, 2005 - Page 9 12. CONSENT CALENDAR continued bb. Bakersfield Municipal Airport Resurfacing Project: 1. Accept bid to award contract to Valley Slurry Seal Company ($238,743.19) for construction of the project. 2. Grant Agreement with California Department of Transportation ($85,000.00) for the project. 3. Appropriate $85,000.00 California Aid to Airports Program Grant funds and $29,000.00 General Aviation Fund Balance to the Capital Improvement Budget within the General Aviation Fund. cc. Accept bid to award contract to Griffith Company ($1,475,475.00) for the resurfacing of various streets - 04/05 VLF Phase 1. dd. Accept bids from McCain Traffic Supply ($64,833.91), Western Pacific Signal LLC ($62,961.33) and GDI Communications ($3,513.51) for traffic signal equipment for the Public Works Department. (Total $131,308.75) ee. Accept bid from Sunrise Lighting Systems ($234,594.36) for signal poles for various intersections for the Public Works Department. ff. Accept bid from Econolite Control Product, Inc. ($132,271.43) for machine vision detection systems at various traffic signal locations for the Public Works Department. gg. Accept bid from Rehrig Pacific Co. ($572,929.50) for refuse, green waste and recyclable containers for the Solid Waste Division of Public Works. hh. Reject bids for annual contract for lubricating products for various City departments. Miscellaneous: iL Granting of relocated waterline easement by Dollinger Bakersfield Associated II for Parcel 1 of Parcel Map 9301 located north of White Lane along the east side of Gosford Road. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERA nON AGR 05-306 DEED 6285 Bakersfield, California, August 17, 2005 - Page 10 12. CONSENT CALENDAR continued jj. Extension of water main and granting of waterline easement from Scott A. McMillan & Tani McMillan for water service to La Cabana Restaurant located at 6261 White Lane. kk. Quitclaim Deed to Lincoln Trust Company for an emergency access easement over lots 114 and 115 of Tract 4159 located at 8000 and 8004 Latham Court. Quitclaim Deed to Lincoln Trust Company for an emergency access easement over lots 114 and 115 of Tract 4159 located at 8000 and 8004 Latham Court. mm. Appropriate $50,000.00 Park Improvement Fund balance (Central- Zone 2) for the demolition of Saunders Pool. II. Water Board Report No. 1-05 regarding water supplies for the City. Motion by Vice-Mayor Maggard to approve Consent Calendar items 12.a. through 12.nn. with the removal of items 12.q., 12.r., 12.bb., 12./1. and 12.nn. for separate consideration. nn. q. Mesa Marin Softball and Soccer Recreation Complex: 1. Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to provide design services in the conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. 2. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast-Zone 3) for Mesa Marin design services. Motion by Councifmember Maggard to refer item 12.q. to the Planning and Development Committee. .. '-"-..-,-_. ACTION TAKEN DEED 6286 DEED 6287 REMOVED FOR SEPARATE CONSIDERA TION REMOVED FOR SEPARATE CONSIDERA TION APPROVED APPROVED Bakersfield, California, August 17, 2005 - Page 11 12. CONSENT CALENDAR continued r. Ground Lease with John Harmon for purposes of constructing a restaurant at the Bakersfield Municipal Airport. Counilmember Carson announced she will support the Lease Agreement with the understanding she will be referring the issue of the economic feasibility of selling the airport to the Budget and Finance Committee later in the meeting. Motion by Councilmember Carson to approve the Lease Agreement. bb. Bakersfield Municipal Airport Resurfacing Project: Accept bid to award contract to Valley Slurry Seal Company ($238,743.19) for construction of the project. Grant Agreement with California Department of Transportation ($85,000.00) for the project. 3. Appropriate $85,000.00 California Aid to Airports Program Grant funds and $29,000.00 General Aviation Fund Balance to the Capital Improvement Budget within the General Aviation Fund. 1. 2. Motion by Councilmember Carson to approve item 12.bb. II. Consideration of request for funding in the amount of $5,000.00 for the Bakersfield Downtown Business and Property Owners Association (DBA) to be used for consulting services to assist in the formation of a new Community Benefit District (CBD) for downtown. Motion by Councilmember Benham to approve item 12./1. nn. Water Board Report No. 1-05 regarding water supplies for the City. Motion by Vice-Mayor Maggard to accept the Report. ACTION TAKEN AGR 05-299 APPROVED AGR 05-304 AGR 05-305 APPROVED APPROVED APPROVED Bakersfield, California, August 17, 2005 - Page 12 13. CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change No. 04- 1570; Project Design Consultants, representing Lenox Homes, property owner, has proposed a general plan amending and zone change on 100 acres located on the east side of S. Union Avenue, north and south of E. Berkshire Road, for which annexation into the City is proposed. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from SR (Suburban Residential) to ER (Estate Residential) on 33 acres and from SR to LR (Low Density Residential) on 67 acres. First Reading of Ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to E (1 acre minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One Family Dwelling) on 67 acres. 2. b. General Plan Amendment/Zone Change 04-1763; SmithTech/USA Inc., representing Jean Ollivier, et ai, property owner, has applied for a general plan amendment on 17 acres located along the north side of E. Berkshire Road, generally east of S. Union Avenue, for which annexation to the City is proposed. 1. Resolution adopting the Negative Declaration and adopting the general plan amendment and changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential). First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling) zone. 2. ACTION TAKEN RES 178-05 FR RES 179-05 FR Bakersfield, California, August 17, 2005 - Page 13 113. CONSENT CALENDAR HEARINGS continued c. General Plan Amendment/Zone Change No. 04- 1766; SmithTech/USA Inc., representing Michel Etcheverry, property owner, has proposed a general plan amendment and zone change on 80.24 acres located at the southeast corner of Seventh Standard Road and Jewetta Avenue (future), for which annexation into the City is proposed. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 80.24 acres. 2. First Reading of Ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 80.24 acres. d. General Plan Amendment No. 05-0403; Cal-Kern Development, LLC, property owner, has proposed a general plan amendment on 58 acres located north of State Route 178, approximately 600 feet east of the intersection on Morning and Panorama Drives. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from R-MP (Resource-Mineral and Petroleum to LR (Low Density Residential) on 58 acres. e. General Plan Amendment/Zone Change No. 05- 0535; The Keith Companies, representing Panorama Highlands Development, property owner, has proposed a general plan amendment on 11.58 acres and zone change on 12 acres located on the north and south sides of Panorama Drive, approximately'h mile east of Fairfax Road. ACTION TAKEN RES 180-05 FR RES 181-05 Bakersfield, California, August 17, 2005 - Page 14 13. CONSENT CALENDAR HEARINGS Item 13.e. continued 1. Resolution adopting the Negative Declaration and approving the general plan amendment and changing the land use designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 11.58 acres and from HR (High Density Residential) to LR on 12 acres. First Reading of Ordinance adopting the Negative Declaration and approving the request to amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on 10.17 acres and R-3-MH (Limited Multiple Family Residential-Mobile Home) to R-1 (One Family Dwelling) on 1.82 acres. 2. City Clerk McCarthy announced there was an error in the staff report and the staff recommendation is to approved the item and not deny. f. General Plan Amendment 04-2005; The City has proposed a general plan amendment to the Circulation Element and adopting a Specific Plan Line for the Washington Street alignment. 1. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. g. General Plan Amendment/Zone Change No. 04- 1764; SmithTech/USA, Inc., representing Kevin Pascoe, property owner, has proposed a general plan amendment and zone change on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista Road, for which annexation into the City is proposed. 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from R-IA (Resource Intensive Agricultural) to LR (Low Density Residential) on 41.89 acres. -~-----~----- ACTION TAKEN RES 182-05 FR REMOVED FOR SEPARATE CONSIDERA nON RES 183-05 Bakersfield, California, August 17, 2005 - Page 15 B13. CONSENT CALENDAR HEARINGS Item 13.g. continued 2. First Reading of Ordinance adopting the Negative Declaration and approving an amendment to Title 17 of the Municipal Code from County A (Agriculture) to R-1 (One Family Dwelling) on 41.89 acres. Hearings opened at 7:24 p.m. At a citizen's request item 13.f. was removed from Consent Calendar Hearings and moved to the Hearings portion of the meeting as item 14.f. Hearings closed at 7:27 p.m. Motion by Vice-Mayor Maggard to approve Consent Calendar Hearing items 13.a. through 13.g. with the removal of item 13.f. for separate consideration. Regarding item 13.d., Vice-Mayor Maggard thanked Mr. Davis for his commitment to the community and stated for the record the applicant has agreed to the following condition: "Prior to recordation any subdivision or portion thereof for residential development, the applicant shall provide the City Recreation and Parks Department $100,000 for enhanced improvements in the community park site located approximately ~ mile north of the project site. Payment may be deferred to recordation of Phase 2 at the discretion of staff. " 14. HEARINGS a. General Plan Amendment/Zone Change No. 04- 0815; McMillan Homes has appealed the Planning Commission's decision to deny the proposal by Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, et al for a general plan amendment and zone change on 82.5 acres located along the north side of Snow Road, generally between Allen Road and Calloway Drive. 1 . Resolution adopting the Negative Declaratiç>n and requested general plan amendment from SR (Suburban Residential) to LR (Low Density Residential). 2. First Reading of Ordinance adopting 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). ACTION TAKEN FR APPROVED Bakersfield, California, August 17, 2005 - Page 16 14. HEARINGS continued Item 14.a. continued Development Services Director Grady made staff comments. Hearing opened at 7:31 p.m. Councilmember Couch announced his intention to make a motion to delay this hearing to the September 7th Council meeting. Gary Buntman, Vice-President and Co-Owner of Crimson Resource Management, and Tom Gelanardo, California Division of Oil, Gas and Geothermal Resources, spoke in opposition to the staff recommendation. Jeff Guiterrez, Dewalt Corporation, spoke in support of Councilmember Couch's proposal to delay the hearing until September 7, 2005. Motion by Councilmember Couch to continue the hearing to September 7, 2005. b. General Plan Amendment/Zone Change No. 03- 1188 and Tentative Tract 6352; The Sierra Club has appealed the Planning Commission's decision approving a proposal by David Pitcher, representing Eagle Meadows, for a general plan amendment, zone change and Tentative Tract 6352 located between State Routes 178 and 184, east of Vineland Road for purposes of developing a single family residential subdivision. 1. Resolution denying the appeal and certifying the Final Environmental Impact Report for the Eagle Meadows development. Resolution denying the appeal and approving a general plan amendment to change the land use designation from OS (Open Space) to LR (Low Density Residential) on 2.7 acres and a change to the Circulation Element to add the collector designation to Highland Knolls Drive, east of Vineland, and amend the Bikeways Master Plan for a Class II bike lane on the same segment of Highland Knolls. 2. ACTION TAKEN APPROVED RES 184-05 RES 185-04 Bakersfield, California, August 17, 2005 - Page 17 14. HEARINGS continued Item 14.b. continued 3. First Reading of Ordinance denying the appeal and approving an amendment to Title 17 of the Municipal Code from OS to R-1 (One-Family Dwelling) on 2.7 acres. Resolution denying the appeal and approving Tentative Tract 6352. 4. Development Services Director Grady made staff comments. Hearing opened at 7:57 p.m. Gordon Nipp, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Hearing closed at 8:05 p.m. Motion by Vice-Mayor Maggard to adopt the Resolutions with conditions included, and an amendment providing for the right of way for an interchange at Vineland and Hwy. 178, certify the EIR and give first reading to the Ordinance. c. General Plan Amendment/Zone Change No. 04- 0853; GFC Properties has proposed a general plan amendment and zone change for property generally bounded by the Rio Bravo Country Club property on the north, Comanche Drive to the west, and Breckinridge Road to the south for purposes of developing single and multi-family residences. 1. Resolution certifying the Final Environmental Impact Report for Rio Bravo NO.3 Annexation, General Plan Amendment/Zone Change No. 04-0853. "_..,-_.~."- ACTION TAKEN FR RES 186-05 APPROVED RES 187-05 14. Bakersfield, California, August 17, 2005 - Page 18 HEARINGS continued Item 14.c. continued 2. Resolution approving a general plan amendment to change the land use designation from R-EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and LMR (Low Medium Density Residential) and approving the requested general plan amendment to change the Circulation Element by eliminating one unnamed collector street segment extending from Chase Avenue within the Project site and reclassifying a separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo Country Club to a local street designation. First Reading of Ordinance approving amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling-Hillside Development) on 600 acres and R-2 (Limited Multiple Family Dwelling) and R-2-HD (Limited Multiple Family Dwelling-Hillside Development) on 17 acres. 3. Development Services Director Grady made staff comments. Hearing opened at 8:15 p.m. Randy Steinart and Gordon Knipp, on behalf of the Sierra Club, spoke in opposition to the staff recommendation. Ron Hunter, Kelly Lucas and Ed Coyne spoke in favor of the staff recommendation. Gordon Nipp, on behalf of the Sierra Club, spoke in rebuttal opposition to the staff recommendation. Ron Hunter spoke in rebuttal support of the staff recommendation. Hearing closed at 8:39 p.m. ACTION TAKEN RES 188-05 FR Bakersfield, California, August 17, 2005 - Page 19 14. HEARINGS continued Item 14.c. continued ACTION TAKEN At Vice-Mayor Maggard's request for the record, Tom Fallgatter Esq., on behalf of Mr. Coyne agreed to the following: · The applicant will mitigate to zero standard as stipulated in the EIR · One of two easements remain flexible to becoming possible alternative road ways should the public interest be better served · A third roadway will be built into Rio Bravo · A roadway will be built connecting Miramonte and Comanche · Four foot shoulders for class three bike lanes from Hwy. 178 on Comanche to Edison Hwy. will be built · Applicant will provide the striping required on either side of the roadway to attain class three bike lane standard Vice-Mayor Maggard read into the record: "City is willing to enter into a Reimbursement Agreement for the PWD Conditions of Approval identified in numbers 3 and 12 below subject to approval of appropriate City Staff and, if necessary, City Council. Reimbursement shall be predicated on subsequent development of the area benefited. " Motion by Vice-Mayor Maggard to deny any appeals, certify the EIR, include stipulations between the developer and the City, include co"ections and approve the Resolutions and give first reading to the Ordinance. APPROVED Recess taken from 9:02 to 9:15 p.m. d. General Plan Amendment/Zone Change No. 04- 1704; Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving proposal by Gerald Almgren, Kern Delta Land Development Corp. for a general plan amendment on 2.83 net acres and zone change on 2.04 net acres located on the east side of Wible Road approximately 200 feet south of Berkshire Road. Bakersfield, California, August 17, 2005 - Page 20 14. HEARINGS continued Item 14.d. continued ACTION TAKEN 1. Resolution adopting the Negative Declaration and approving a general plan amendment to change the land use designation from LMR (Low Medium Residential) to HMR (High Medium Residential) on 2.83 net acres. 2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map 123- 25 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 2.04 acres. Staff comments by Development Services Director Grady. Hearing opened at 9:21 p.m. Attorney Richard Harriman spoke on behalf of the Wible Road Action Group and Valley Advocates in opposition to the staff recommendation and provided written material. Attorney Tom Fallgatter, on behalf of the applicant, Matt Kedzierski and Todd Funk spoke in favor of the staff recommendation. Richard Harriman and Lisa Hess spoke in rebuttal opposition to the staff recommendation. Motion by Councilmember Hanson to continue the hearing to the September 'f'1' Council meeting. APPROVED AS SCRIVNER e. Hearing to consider Resolution amending the City's Sphere of Influence, approval of updated Municipal Services Review and adoption of a Negative Declaration. City Clerk McCarthy announced four pieces pf correspondence had been received by the City Clerk's office regarding the issue, two in support of the staff recommendation and two opposed to the staff recommendation. -~~ Bakersfield, California, August 17, 2005 - Page 21 14. HEARINGS continued Item 14.e. continued Staff comments by Development Services Director Grady, who noted a change in the staff recommendation pro~osing the matter be continued to the September 28' Council meeting, and City Manager Tandy. Hearing opened at 10:09 p.m. Gordon Nipp and Bob Shore spoke in opposition to the proposed item. Dave Dmohowski, Project Design Consultants, spoke on behalf of Flying Seven Ventures and Rio Bravo Ranch in favor of the proposed item. Councilmember Benham requested staff provide information regarding provisions of the Williamson Act, Super Williamson Act, time frame for obtaining Williamson Act designation and Farmland Conservation Easements. Councilmember Couch staff provide a transcript of the City Manager's introductory comments and report to Council regarding the impact on farms/farmers should adjacent properties outside the Sphere of Influence request City services. Vice-Mayor Maggard requested staff meet with Mr. Shore to address his concerns. Motion by Vice-Mayor Maggard requested the hearing be continued to September 28, 2005; staff to develop a strategy to communicate the City's position regarding the Sphere of Influence to aI/local print media. f. General Plan Amendment 04-2005; The City has proposed a general plan amendment to the Circulation Element and adopting a Specific Plan Line for the Washington Street alignment. 1. Resolution adopting the Negative Declaration and general plan amendment to the Circulation Element and, adoption of a specific plan line. Hearing opened at 10:38 p.m. Father Joseph Chaffee spoke in opposition to the staff recommendation. .-.--.---..- ACTION TAKEN APPROVED Bakersfield, California, August 17, 2005 - Page 22 ACTION TAKEN City Manager Tandy requested Council continue the item to the September 7th Council meeting. Motion by Councilmember Carson to continue the hearing to September 7'h. 15. MAYOR AND COUNCIL STATEMENTS APPROVED Councilmember Benham requested staff research utilizing video surveillance for anti-graffiti enforcement and provided an informational article. Councilmember Benham requested staff clean up hydraulic fluid spilled by a sanitation vehicle. Councilmember Benham presented Councilmember Couch with a birthday proclamation. Councilmember Scrivner requested staff provide a report regarding reducing length of time signal lights are not timed after a power outage. Council member Scrivner thanked Kappa Alpha Fraternity and Phi Sigma Sigma Sorority for the recent graffiti clean- up. Councilmember Sullivan requested staff fill pothole at 1217 Club View Drive and 3713 Lillian Way. Councilmember Sullivan requested information regarding resurfacing of streets in the Westwood Estates area. Councilmember Sullivan requested staff determine responsibility for maintenance of the alley behind 3100 Ashe Road and assure repair of the chain link fence and alleyway. Councilmember Sullivan requested Code Enforcement assure the Grissom, Coldwell and Hartford area north of White Lane be compliant with City standards. Councilmember Sullivan requested repairs and resurfacing be performed on Hempstead. Councilmember Sullivan requested removal of dead animals from City streets be by the end of the day reported and removal be made a top priority. Councilmember Couch thanked everyone for the birthday wishes. '_...._~.----....,....-._..-. Bakersfield, California, August 17, 2005 - Page 23 15. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch requested input regarding clustering of fire stations, police sub-stations, parks and schools. Councilmember Couch submitted a letter from Barbara May for the record regard continued hearing 14.a., Snow Road. Councilmember Couch requested staff respond to Terry Stoller regarding the Sphere of Influence, the Williamson Act and the Super Williamson Act. Councilmember Couch staff review compromising on usual landscaping standards for the David Gay project at the northeast corner of Brimhall and Calloway to enable the roadway to be deemed an arterial. Councilmember Carson requested the Budget and Finance Committee address the sale of the municipal airport land to mitigate the negative effect present flight plans have on property values and development in the southeast; encourage housing development, commercial development, schools and creation of jobs. Councilmember Carson requested the Legislation and Litigation Committee address developing an Ordinance limiting the number of sex offenders being released in the City and regulate numerical concentration in the areas where they reside. Councilmember Carson expressed appreciation to the Mayor and delegates who made the recent trip to Bakersfield's new Sister City, Queretaro Mexico; additionally requested staff provide input regarding ways to enhance cultural improvement between Bakersfield and each of her Sister City Projects; and explore use of video cameras to reduce crime as has been done in the Mexican Sister City. Councilmember Carson requested the meeting be adjourned in memory of Sherman L. Tyler. Vice-Mayor Maggard requested staff facilitate a Council Goal by exploring a proposal by Bakersfield Memorial Hospital to enhance and expand the 34th Street medical corridor, particularly from Union Avenue west to Chester Avenue by converting the area to a campus. Bakersfield, California, August 17, 2005 - Page 24 15. MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Maggard expressed appreciation for highway funds recently awarded to the Bakersfield area and requested key staff be hired to facilitate each phase of the road projects so the process moves forward as quickly as possible. Mayor Hall made comments regarding the recent trip to new Sister City Queretaro. Mayor Hall thanked Councilmember Scrivner for the recent graffiti clean-up and Councilmember Benham for the Adopt a Highway Clean Up Agreement with one of her neighbors on the Bike Path. Mayor Hall congratulated City Manager Tandy on his thirteenth anniversary with the City of Bakersfield. 16. ADJOURNMENT Mayor Hall adjourned the meeting at 11:27 p.m. in memory of Sherman L. Tyler. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ---.---""'...-. -- ACTION TAKEN