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HomeMy WebLinkAbout02/28/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA FEBRUARY 28, 2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop and Closed Session Item(s) only during this portion ofthe meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (Four issues) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. (Three cases) 1. Robert Pratt v City, et al 2. Lori Hedberg v City, et al 3. Wanda Grant, et al v City, et al RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Pastor Joe Grande, Faith Baptist Church. 7. PLEDGE OF ALLEGIANCE by David Barrett, 1 st Grade Student at Olive Drive School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS (Ward 2) a. Presentation by Mayor Hall of Proclamation to Barbara Miner, President, Woman's Club of Bakersfield, proclaiming March, 2007, as Youth Art Month. b. Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robert Breeden, USMC. 10. PUBLIC STATEMENTS 11. APPOINTMENTS a. One appointment to the Miscellaneous Civil Service Board, due to the resignation of Sam Chow, term expiring December 31,2008. Staff recommends Council determination. b. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Gregory Gordon term expiring November 2008. Staff recommends Council determination. CONSENT CALENDAR 12. Minutes: a. Approval of minutes of the February 7,2007 Regular City Council Meeting. 12. CONSENT CALENDAR continued (Ward 1) (Ward 3) (Ward 1,3,4,5,6)* e. (Ward 3)* (Ward 2) (Ward 7) * - upon annexation Payments: b. Approval of department payments from January 26, 2007 to February 15, 2007 in the amount of $19,837,741.37 and self-insurance payments from January 26, 2007 to February 15, 2007 in the amount of $232,254.84. Ordinances: First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 124-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane and Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas, LLC) First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 103-13) of the Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling- Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of Paladino Avenue, approximately % mile west of Morning Drive. (ZC 06-1931) (Applicant: Thomas D. Sholin/Property Owner: Paladino West, LLC) First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No. 541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east and west of Buena Vista Road, Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation No. 518 consisting of 2081.80 acres located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6. Adoption of Ordinance denying the appeal, adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Drive. (ZC 06-0581) (Applicant: Marino and Associates/Property Owners: Patricia Crawford, et al) (FR 02/07/07) Resolutions: c. d. f. g. Resolution authorizing the execution of a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development for the proposed Millcreek Linear Park Project. h. Sewer Connection Fee Assessments: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Jeff F. Ybarra and Mary J. Ybarra, 5109 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. 2 City Council Meeting of 02/28/2007 (Ward 1) 12. CONSENT CALENDAR continued i. General Plan Amendment/Zone Change No. 06-2022; Mel Heinemann, representing himself, Jack & Nuha Haddad and the City (property owners) has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest corner of E. Planz Road and Washington Street (future) and on approximately 40 acres located at the southeast corner of Cottonwood Road and E. Berkshire Road (future). (Public Hearing opened and closed at 217/07 msetlng.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial} to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres. General Plan Amendment/Zone Change No. 05-1887; Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad (property owners) has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). Case withdrawn by applicant, contingent upon approval of GPA/ZC 06-2022. If GPA/ZC 06-2022 Is not approved, staff recommends denial of the proposed general plan amendment and zone change. (Public Hearing opened and closed at 217/07 meeting.) 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD (Planned Unit Development) on 39.29 acres. General Plan Amendment/Zone Change No. 06-0925; Mcintosh & Associates, representing John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr. (property owners) has applied for a general plan amendment and zone change on 60 acres located at the northeast corner of Panama Lane and S. Allen Road. (Public Hearing opened & closed at 217/07meet/ng.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 60 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres. (Ward 1) (Ward 5) . - upon annexation j. k. 3 City Council Meeting of 02/28/2007 (Ward 5,6) 12. CONSENT CALENDAR continued I. General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle & Cooke, CA, Inc. (property owner) has applied for a general plan amendment, specific plan adoption, zone change and development agreement approval for the West Ming project on 2,184 acres generally located between Ming Avenue (extended) and Southern Pacific Railroad, Buena Vista Road and future West Beltway. (Public Hearing opened & closed at 217107meetlng.) 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Specific Plan ApprovallZone Change No. 03-1544, known as the West Ming Project. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and OS (Open Space) to West Ming Specific Plan and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) and 2.5 (Flood Plain Overlay) to West Ming Specific Plan and amending the Circulation Element to change the Circulation Element alignment of the collector roads within the project boundaries to deviate from the current grid pattern, re-designate White Lane and Ming Avenue (west of South Allen Road) from arterials to collectors as shown in the West Ming Specific Plan. 3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming- Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential) on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC (West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63 acres and to WM-SU (West Ming-Special Use) on 220 acres. 4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the West Ming Specific Plan zoning for the project site changing the zoning to WM-R1 (West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple Family Dwelling) on 1,358 acres, to WM-R3 (West Ming Limited Multiple Family Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office) on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM-TC (West Ming Town Center) on 63 acres and to WM-SU (West Ming Special Use) on 220 acres. 5. Resolution approving the Development Agreement. Resolution adding territory, Area 3-61 (Akers, Ironrock 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 3-62 (Mountain Vista, Berkshire NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-63 (Harris, Old River 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 4-68 (Panorama, Rivani NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) (Ward 5) (Ward 5) (Ward 3) m. n. o. p. 4 City Council Meeting of 02/28/2007 (Ward 2) 12. CONSENT CALENDAR continued q. Resolution adding territory, Area 4-69 (Union, E California NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-70 (College, Valencia 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 5-31 (Pacheco, Cottonwood NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-32 (Hosking, Shannon 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 of Intention No. 1509 to add territory, Area 3-64 (Panama, Buena Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1510 to add territory, Area 3-65 (Hughes, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1511 to add territory, Area 4-71 (Edison, Chase) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1512 to add territory, Area 5-33 (Belle Terrace, Madison SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Revised job specification and change to salary schedule: 1. Amendment No.4 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units, and, adopting salary schedule and related benefits for Assistant Economic Development Director. 2. Revised job specification/title change for Community Development Coordinator to Assistant Economic Development Director. (Ward 3) (Ward 1) (Ward 7) (Ward 5) (Ward 7) (Ward 3) (Ward 1) r. s. t. u. v. w. x. y. Agreements: (Ward 4,5,6,7) z. Final Tract Maps and Improvement Agreements with: 1. San Joaquin Development, LLC for Tract 6152 Phase 3 located between McKee Road and Taft Hwy. (Hwy 119) west of Wible Road. 2. JP/CP Development, Inc. for Tract 6295 Phase 2 located between Calloway Drive and Coffee Road south of Brimhall Road. 3. Dunmore Diamond Ridge, LLC for Tract 6332 located between Ashe and Stine Roads south of McCutchen Road. 4. Canyon Capital, Inc. & M.C. Williams Bros, Inc. for Tract 6353 Phase 1 located at the southwest intersection of Hosking Avenue and Hwy 99. 5. Lo Land Assets, LP & Lennar Homes of California, Inc. for Tract 6361 Phase 1 located between Wible Road & Hwy 99, south of McKee Road. 6. Moreland Family, LLC & C&O Bakersfield I, LLC for Tract 6362 Phase 1 located between Wible Road and Hwy 99, south of McKee Road. 5 City Council Meeting of 02/28/2007 (Ward 4,5,6,7) Z. 12. CONSENT CALENDAR continued: Final Tract Maps and Improvement Agreements (continued): 7. Val Verde, LLC for Tract 6268 located at the southwest intersection of Hosking Avenue and Shannon Drive. 8. Lennar Homes of California, Inc. for Tract 6453 Unit 1 located at the southwest intersection of Reina and Allen Roads. 9. Castle & Cooke California, Inc. for Tract 6799 located at the southwest intersection of Ming Avenue and Gosford Road. 10. Wilson/Brimhall, LLC for Parcel Map 11476 located at the northwest intersection of Brimhall Road and Calloway Drive. (Improvement Agreements only) Agreement with Tuscany/Parcel 14, dba Siena Homes for Tract 6347 (estimated Transportation Impact Fee Credit $278,714) located near the northwest corner of Alfred Harrell Highway and Paladino Drive. Agreement with Steven Hendrix for purpose of constructing an aircraft storage hangar for a monthly lease fee of $40.00. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1529 (Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle Road, west of Stine Road and north of Houghton Road. 1. Agreement with Grand Bakersfield, LLC ($254,900) for preparation of EIR and appropriate $191,183 (developer's contribution) to the Development Services Operating budget in the General Fund. 2. Agreement with RBF Consulting ($191,183) to prepare EIR. Agreement with CMX Sports Engineers, LLC ($710,000) for preliminary and schematic design of the Sports Village located on the north side of Taft Highway between Gosford and Ashe Roads. Agreement with CMX Sports Engineers, LLC ($697,000) for architectural and engineering services for 40 acre baseball park located on the corner of Jewetta Avenue and Stockdale Highway. Agreement with Arvin-Edison Water Storage District (License to Encroach on Right of Way) for Madison Street Bridge. Amendment NO.1 to Agreement No. CA 06-022 with Bragg & Associates (not to exceed $80,000) for handling liability claims adjusting and administration services. Amendment NO.1 to Agreement No. 06-211 with Greenfield Housing, LP for construction of 35 affordable single family rental units of which the City will provide HOME CHDO financial assistance to five housing units and revise the language dealing with project definitions and underwriting terms of the CITY loan and remove Trust Deed security (no budgetary action). Amendment NO.3 to Agreement No. 00-095 with William Avery & Associates, Inc. (not to exceed $41,200 including expenses) for negotiation and consultant services in employer- employee relations. jj. Amendment NO.2 to Agreement No. 05-262 with Jim Alfter Cement Contractor ($1,200,000 revised not to exceed $3,000,000) for concrete construction. (Ward 3) (Ward 1) (Ward 6,7) (Ward 6) dd. (Ward 4) ee. (Ward 1) ff. gg. (Ward 1) hh. ii. aa. bb. cc. kk. Amendment NO.1 to Agreement No. 04-310 with Kone, Inc. ($20,000 revised not to exceed $100,000) for elevator maintenance and repair for various City facilities. 6 City Council Meeting of 02/28/2007 12. CONSENT CALENDAR continued II. Amendment No.2 to Agreement No. 05-065 with San Joaquin Fence and Supply ($200,000 revised not to exceed $500,000 and extending the term for one year) for fencing. mm. Amendment No. 1 to Agreement No. 06-371 with bd Systems, Inc. for computerized routing application. (Ward 6) (Ward 3) (Ward 5,6) Bids: nn. Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireless mesh system for the Police Department. 00. Accept bid from US Filter ($2,084,114) for four dewatering centrifuges to be used in the Wastewater Treatment Plant 3 - 2007 Expansion Project. Accept bid from Better Direct LLC ($77,777.70) for replacement tablet computers. Accept bid and award contract to D.C. Hubbs Construction ($94,975) to construct guard rail improvements on Panorama Drive from Haley Street to Mt. Vernon Avenue. Reconstruction on Gosford Road from Panama Lane to the Union Pacific Railroad tracks and on Olympia Drive from S. Laurelglen Boulevard to S. Half Moon Drive: 1. Accept bid and award contract to Granite Construction ($1,865,838) for the project. 2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay Fund. 3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the Public Works Capital Improvement Budget within the Gas Tax Fund. pp. qq. rr. Miscellaneous: ss. Reclassification of Programmer Analyst (1 position) to Applications Systems Supervisor. tt. Reclassification of Laborer (2 vacant positions) to Facility Workers (Solid Waste Division). uu. Revised job specification for Computer Drafting Technician 1/11. w. Employee recruitment and retention. (Refer to Personnel Committee) ww. Authorization of a letter from the City to Governor Schwarzenegger requesting his support for a fair share allocation of Proposition 1 B Air Quality Mitigation funds ($1,000,000,000) to the San Joaquin Valley. Staff recommends adoption of Consent Calendar items a through ww. 13. CONSENT CALENDAR HEARINGS Public Hearing to consider Resolution ordering the vacation of the 20 foot wide alley south of Bernard Street and west of Inyo Street. (Staff recommends adoption of resolution.) Public Hearing to consider Resolution to use a portion of City property as a public street right of way for Burr Street west of Gibson Street. (Staff recommends adoption of resolution.) c. Public Hearing to consider Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends adoption of resolution.) (Ward 2) a. (Ward 2) b. 7 City Council Meeting of 02/28/2007 (Ward 7) 13. CONSENT CALENDAR HEARINGS continued d. Public Hearing (TEFRA) to consider Resolution authorizing Levy Affiliated Holdings, LLC, or a limited liability company or limited partnership to be established by Levy Affiliated Holdings, LLC, to issue multifamily housing revenue bonds (not to exceed $7,500,000 to be used for acquisition, rehabilitation and development of an 88 unit multi-family rental housing development commonly known at Coventry Apartments at 3101 Coventry Place. (Staff recommends adoption of resolution.) Public Hearing (TEFRA) to consider Resolution authorizing Catholic Healthcare West to issue tax exempt revenue bonds (not to exceed $985,000,000) for financing and/or refinancing the acquisition, construction, improvement and equipping of certain medical facilities known as Bakersfield Memorial Hospital (420 34th Street), Mercy Hospital (2215 Truxtun Avenue), Mercy Southwest Hospital (400 Old River Road) and other health care facilities related thereto, owned and operated by Catholic Healthcare West. (Staff recommends adopt/on of resolution.) (Ward 2,5) e. 14. HEARINGS 15. REPORTS a. Refurbishment of the entry monument signs located on State Route 99. Staff recommends Council determination. a. Report on Proposed Financing Plan for the Wastewater Plant Upgrade and Expansion Project. Staff recommends acceptance of report. 16. DEFERRED BUSINESS (Ward 2) South Mill Creek Plaza Maya Cinema Complex: 1. Amendment NO.2 to Agreement No. 04-002 with D. W. Sivers Company and Maya Cinemas North America, Inc. to extend the completion date for the construction of the project to December 31,2008. 2. Amendment No.2 to Agreement No. 04-003 with D. W. Sivers Company and Maya Cinemas North America, Inc. to extend the joint use parking agreement. Staff recommends approval of agreement. a. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 2/23/07 9:00am ully submitted, ----- 8 City Council Meeting of 02/28/2007 . J C.....f.~:!",~)> ..." ',~,.. ~.; .,~ ".';[Il"\~\ . AGENDA HIGHLIGHTS FEBRUARY 28,2007 COUNCIL MEETING REGULAR MEETING - 5:15 Dim. CLOSED SESSION There will be a conference with counsel regarding three cases of potential initiation of litigation and three cases of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. APPOINTMENTS There will be one appointment each to the Miscellaneous Civil Service Board and the Keep Bakersfield Beautiful Committee. CONSENT CALENDAR Ordinances Item 12c. First Readino of an Ordinance Amendino the Municloal Code bv Chanoino the Zonino from R-1 to R-2 on 40 Acres Located on the Northwest Corner of East White Lane and Washinoton St. Hendricks Engineering, representing Cottonwood Villas LLC, proposes a small lot, single-family residential development. On December 7, 2006, the Planning Commission recommended Council adoption. No one spoke In opposition to the' project. Item 12d. First Readino of an Ordinance Amendino the Municioal Code bv Chanoino the Zonino from R-2 CH (Limited Multiole Familv Dwellina - Church Overlav) to R-1 on 0.66 Acre Located on the South Side of Paladino Avenue, aooroximatelv ~ Mile West of Mornino Drive. Thomas D. Sholin, representing Paladino West, LLC, proposes a single-family residential development. This zone change will bring the zoning Into conformance with the LR (Low Density Residential) General Plan Land Use designation. The zone change pertains to Revised Vesting Tentative Tract 6202 on approximately 78.75 acres. The area of the proposed zone change covers a 30-foot-wide strip approximately 834 feet long within RVTM 6202. A condition of approval for RVTM 6202 required the applicant obtain a zone change to R-1 for this portion of the site in order to bring the site's zoning into consistency with the R-1 zoning. Pursuant to the California Environmental Quality Act (CEQA), an Initial study was prepared for related RVTM 6202 for the subject property, and a negative declaration was adopted on August 3, 2006. On January 18,2007, the Planning Commission recommended adoption by the City Council. No one spoke in opposition to the project. Resolutions Item 12g. Resolution Authorizina the Execution of an Aoreement to Secure a Workforce Housino Reward Grant from the California Deoartment of Housino and Community Develooment for the Prooosed Mill Creek Linear Park Proiect - Phase 1. The California Department of Housing and Community Development (HCD) requires a resolution in order to apply for grant funds available through the Workforce Housing Reward Grant (WFH) Program. The WFH Program does not use a competitive process to award funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified affordable units will determine the final amount of funds available. Staff anticipates receiving approximately $20,000 In grant funds, with Agenda Highlights February 28, 2007 \ Page 2 those funds designated to assist in the development of the proposed Mill Creek Linear Park Project - Phase I. This resolution authorizes staff to execute the necessary agreements to receive grant funds. Items 12/. and 12}. General Plan Amendments and Zone Chances on Aooroximatelv 40 Acres Located at the Southwest Corner of E. Planz Road and VYashincton Street (future), and on Aooroximatelv 40 Acres Located at the Southeast Corner of Cottonwood Road and E. Berkshire Road (future), . The Public Hearings on these items were opened and closed at the Council meeting of February 7, 2007. This item was continued in order to enable staff to address Sierra Club comments associated with the property at the southeast corner of Cottonwood Road and E. Berkshire Road; potential health effects to future inhabitants if wastewater spreading has occurred on the property and mitigation for the loss of agricultural land. . During the hearing, Public Works Director Raul Rojas stated that this property has not been used for wastewater spreading. Subsequent to the hearing, Wastewater Division staff confirmed this fact and added that this property has its own dedicated fresh water irrigation well for agricultural use. Furthermore, no evidence of potential wastewater spreading was identified in the Phase I Site Assessment prepared for this property by WZI Inc. (October 2006). Additionally, the proposal would convert 40 acres of land at the southwest corner of E. Planz Road and Washington Street from its current industrial land use designation and zoning to farmable land. The City, as the future owner of this property, plans to lease this property for agricultural use. Because the proposal would not result in a net loss of agricultural land, mitigation for the loss of agricultural land would not be necessary. Item 12j. is a zone change request from Mr. Heinemann at East Planz and Washington from an earlier GPA cycle which staff had recommended denial of because the residences would have been too close to the Wastewater Treatment Plant. On January 17, 2007, Council approved a property trade with Mr. Heinemann under which the City becomes the owner of the East Planz and Washington property In exchange for like acreage from our farm at Cottonwood and Berkshire. Item 12i. is the zoning request for the Cottonwood/Berkshire property. If the Consent Calendar is approved and the recommended property trade is completed, both properties are properly zoned. If, for any reason, Item 12i. Is not approved, the trade is not complete and Mr. Heinemann wishes to appeal the negative staff recommendation on the original parcel (Item 12j.). Item 12k. General Plan Amendment and Zone Chance on 60 Acres Located at the Northeast Corner of Panama Lane and South Allen Road. The Public Hearing on this item was opened and closed at the Council meeting of February 7, 2007. The item was continued to give staff time to address Sierra Club concerns voiced at that meeting. Mcintosh and Associates for John Glenn Carmichael; Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazler Wall, Jr., John Richard Wall, James Pearson Wall, Jr., the property owners, propose development of 218 single-family residential dwelling units. Roger Mcintosh, on behalf of his clients stated during the Planning Commission hearing that he is not opposed to staff's recommendation other than the fact that Condition No. 8 requires his clients to construct a significant amount of Improvements on adjacent property at a cost of $350,000. The Commission added language to Condition No. 8 to attempt to place this section of street on the traffic impact fee list which would let the applicant recover part of the cost through traffic impact fee credits. Condition No. 8 is a normal and customary requirement in order to avoid having a condition of varying street widths which exist for many years. To the best of staff's knowledge, the applicant wishes to have that condition deleted despite the compromise effort. The Planning Commission recommended approval on December 21, 2006. .1 Agenda Highlights February 28, 2007 Page 3 Item 121. Final EIR Certification. General Plan Amendment. Scecific Plan/Zone Chance. and Develocment Acreement forthe West Minc Proiect on 2.184 Acres Generallv Located between Minc Avenue lextendecH and the Southern Pacific Railroad. Buena Vista Road and Future West Beltwav. The Public Hearing on this item was opened and closed at the February 7, 2007 Council meeting. The Council continued this item to allow time for the applicant and staff to respond to a lengthy letter received on February 7, 2007 from the City of Shafter expressing concerns regarding the adequacy of the EIR. The responses are currently being prepared and will be provided to the City Council under separate cover. The documents and conditions of approval have been updated to include all the minor changes to conditions provided at the February 7, 2007 hearing. The Draft Development Agreement attached to the ordinance will be updated with the minor changes as described in the February 7,2007 memo from the Deputy City Attorney upon the Council's approval. The Planning Commission recommended the Final EIR for certification and approval of the project to the City Council on January 4, 2007. The applicant has agreed to all conditions of approval and mitigation measures. Staff also recommends approval. Aareements Item 12cc. Acreements related to an Environmentallmcact Recort lEIRl for a General Plan Amendment/Zone Chance on Accroximatelv 481 Acres Generallv Located East of Ashe Road. South of Encle Road. West of Stine Road and North of Houchton Road. Grand Bakersfield, LLC is proposing the development of commercial, and low- and high-density residential uses. The total cost of the EIR is $254,900, which consists of $191,183 for the consulting services and $63,717 to reimburse the City for its costs and staff time in managing the project. The first agreement is with Grand Bakersfield, LLC, who will payfor all costs associated with the preparation of the EIR. The second agreement, with RBF Consulting, sets forth the scope of services for the preparation of the Report. Items 12dd. and ee. Acreements with CMX Scorts Encineers. L.L.C. The first agreement is in the amount of $710,000 for Preliminary and Schematic Design of the Sports Village located on the north side of Taft Highway between Gosford Road and Ashe Road. The facility will consist of 16 soccer fields, 12 baseball fields, 6 football fields and a community center. Surrounding areas will feature a park with a lake for family outings and two commercial areas. The second agreement is in the amount of $697,000 for Architectural and Engineering Services for the 40-Acre Baseball Park located on the corner of Jewetta Avenue and Stockdale Highway. The facility will contain a minimum of 8 baseball fields, lighting for 3 baseball fields, security lighting, spectator stand, a concession stand, restroom, an equestrian staging area and a parking lot. On November 29, 2006, the City entered into an agreement with Bakersfield Southwest Baseball, INC. (BSWB) for construction of the baseball fields. Per this agreement, the City is responsible for providing construction plans for the entire facility and to construct an entry road, all necessary utilities into the park, landscaping along Jewetta Avenue, the restroom, equestrian staging area, trash bin and parking lot. . The City received Statements of Qualifications from 15 firms. Interviews were conducted with 5 of them. Staff recommends award to CMX Sports for both projects based on their combination of qualifications and fee proposal being the most favorable to the City. Item 12JJ. Amendment No. 2 to Acreement No. 05-262 with Jim Alfter Cement Contractor for the Annual Contract for Concrete Construction in the amount of $1.2 million for a revised not to exceed amount of $3 million. This amendment adds $1.2 million to accommodate the increased levels of work for projects such as curb and gutter installation for Fire Station No.5, parking lot reconstruction for Fire Station No. 10 and Calloway Drive median island installation. Agenda Highlights February 28. 2007 , Page 4 Bids Item 1200. Award Contract to US Filter for Four Dewaterina Centrifuaes to be used in the Wastewater Treatment Plant 3 - 2007 Exoansion Proiect in the amount of $2.084.114. As part of the Wastewater Plant 3 _ 2007 expansion project, a significant effort has been made to make. the expanded/upgraded Plant odor free. As a result, the existing outdoor sludge solar drying beds will be replaced by an indoor mechanical dewatering process which will utilize centrifuges. Because of the critical nature of the centrifuges, it was important to choose a centrifuge that had good referenees for reliability, support, and efficiency, had low chemical requirements, and was able to remove as much water as possible from the sludge to decrease transportation costs. Bids were received from four different centrifuge manufacturers, two of which were deemed acceptable following an evaluation that included initial capital cost, projected annual operating costs (electricity, maintenance, and chemical) for the centrifuges, and references. Staff recommends award to US Filter. Item 12rr. Award Contract to Granite Construction for Reconstruction of Gosford Road from Panama Lane to the Union Pacific Railroad Tracks and on Olvmoia Drive from South Laurel Glen Boulevard to South Half Moon Drive in the amount of $1.865.838. The project is funded predominantly with Proposition 42 Funds. This action also appropriates $150,000 of surplus interest earnings of Vehicle License Fee Receivable Proceeds which must be used for a road resurfacing project. Five acceptable bids were received. Staff recommends award to Granite Construction. Miscellaneous Item 12vv. Emolovee Recn~itment and Retention. At the Department Head retreat in late 2006, the issue of recruiting and retaining quality employees was discussed. The CitY has experienced increasing difficulty in recruiting and retaining good employees, as well as succession planning for key positions which become vacant due to retirements. This situation is occurring at various levels of the organization and the inability to attract and retain qualified employees can directly impact service levels to the community and delay completion of projects. The action plan that is attached to the administrative report includes various incentives to enhance the ability to attract qualified employees. This information has been discussed with affected employee union representatives and Shop stewards. Staff recommends referral of this issue to the Personnel Committee. Item 12ww. Authorization of a Letter to G~vel11or SchwarzeneQaer Reauestina his Suooort for a Fair Share Allocation of Prooositlon 1 B Air Quality Mltiqation FlJnds ($1 Billion) to the San Joaauin Vallev. For years residents have suffered extraordinarily high rates of asthma, acute bronchitis, and similar respiratory illnesses as a result of the poor air quality in the San Joaquin Valley. . This letter requests Governor Schwarzenegger's support for an appropriate allocation of air quality mitigation funds for the Valley in the spending plan for Proposition 1 B. These funds would go to accelerate replacement of the goods movement truck fleet in the Valley. It also requests the Governor to give early funding priority to the $1 Billion for air quality mitigation in the overall spending plan for Proposition 1 B. CONSENT CALENDAR HEARINGS Item 13a. Public Hearlna to Consider a Resolution Orderina the Vacation of the 20-Foot Wide Allev in Block 7 of Alta Vista Tract South of Bernarc;t Str~et and West of Invo Street. The City wants to sell three surplus properties located on the 300 block of Bernard Street, and vacating the alley would increase the chance of selling these properties. No objections have been received. The proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan. California Water Service Company has an 8-inch water main, Pacific Gas and Electric Company has a gas line and an electrical power line, and the City has a 6" sewer line in the alley. A 20-foot wide easement over the vacated area is being reserved for public utilities. .) I Agenda Highlights February 28, 2007 Page 5 Item 13b. Public Hearina to Consider a Resolution to Use a Portion of City Prooerty as a Public Street Riaht- of-Way for Burr Street West of Gibson Street. The City received a request from Bakersfield River Run RV Park to dedicate additional right-of-way for a cul-de-sac at the easterly terminus of Burr Street. The cul-de-sac is required to improve Burr Street for access to the Park. The City-owned property has an existing water tank and booster pump station. The new cul-de-sac required the fence, commercial drive approach and V-gutter to be rebuilt at the developers cost. The Water Department reviewed the street plans for this project and after minor changes agreed to all of the changes. Item 13c. Public Hearina to Consider Adootion of a Resolution Makina Findinas and Uodatina the Caoital Imorovement Plan for the Metrooolitan Bakersfield Habitat Conservation Plan. This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay a $2,145 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The fee covers land acquisitiofl costs, program administration, endowments for fencing and maintenance that are tied to the automatic raises by the State. The program is self-supporting and requires no support funds from the City or County. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. The MBHCP document and Implementation/Management Agreement describe a Capital Improvement Plan (CIP) for utilization of the accompanying mitigation fee. The CIP involves the use of mitigation fees to offset the loss of endangered species habitat in the Metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. This Plan must be updated annually by the City and County; however, no change is recommended at this time. This report provides the basis for the annual update. So far over 14,700 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan. This places the City ahead of the "take" as required by Federal and State law and our agreement. The Kern County Board of Supervisors took action to adopt a resolution confirming the current Capital Improvement Plan on January 9, 2007. Item 13d. Public Hearina to Consiger a Resolution Authorizina LeVY Affiliated Holdinas LLC. or a Limited Liability Comoany or Limited Partnershio to be Established by LeVY Affiliated Holdinas LLC. to Issue Multl- Familv Housina Revenue Bonds in an amount not to exceed $7.5 million to be used for Acauisition. 'Rehabilitation and Develooment of an 88-Unit Multi-Familv Rental Houslna Develooment CommonlY Known as Coventry Aoartments located at 3101 Coventry Place. The adoption of this resolution is the first step in the process of financing the proposed Project. If this Resolution is adopted, the California Statewide Communities Development Authority (CSCDA) will proceed with the submission to the California Debt Limit Allocation Committee (CDLAC) of an application for "private activity bond" allocation for the purpose of financing the acquisition and rehabilitation of the Project. These steps are required prior to the issuance of the Bonds. Pursuant to the requirements of the Tax Equity. Fiscal Responsibility Act (TEFRA) of 1989, the City must conduct a hearing to receive input from the public. The City will not be a party to the financing documents. None of the City's funds will be pledged for the repayment of these bonds. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents, the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. Agenda Highlights February 28, 2007 '\ Page 6 Item 13e. Public Hearina to Consider a Resolution Authorizina Catholic Healthcare West to Issue Tax- Exemot Revenue Bonds in an amount not to exceed $985 million for Financina and/or Refinancina the Acauisition. Construction. .Imorovement and Eauiooina of Certain Health Care Facilities Owned and Ooerated bv Catholic Healthcare West. A portion of the net. proceeds of the Bonds will . be used for the purpose of financing and/or refinancing a list of projects as noted on the adminIstrative report. Catholic Healthcare West will be responsible for the repayment of the Bonds. None of the City's funds will be pledged for the repayment of these bonds. Pursuant to the requirements of the Tax EquIty Fiscal Responsibility Act (TEFRA) of 1989, the City must conduct a hearing to receive input from the public on the proposed issuance of these bonds. REPORTS Item 15.. Refurbishment of the Entry Monument Sians Located on State Route 99. The Community Services Committee voted to send this matter to the full City Council for consideration. There are two alternate sign designs to choose from; one that is forwarded by Councilmember Sullivan and one forwarded by Councilmember Benham. An attachment to the administrative report shows graphics, and compares costs and methods of funding. City staff prefers not to make a recommendation between the sign choices. There are also related but separate decisions to be made on how much to invest in landscaping improvements around the signs. Details are in the admInistrative report. Item 15b. Reoort on Prooosina Flnancina Plan for the Wastewater Plant Uoarade and Exoansion Proiect. This Report will Include an updated rate survey along with a more detailed plan regarding the size and structure of the impending Bond financing. Both staff and the bond consultant will provide a presentation. DEFERRED BUSI~ESS Item 16.. Amendments to Aareements with D.W. Sivers Comoanv and Mava Cinemas North America. Inc. to Extend the Comoletion Date for the Construction of the Proiect and Extend the Joint Use Parkina Aareement. The proposed project has been in the pre-development stage for five years. The project scope has changed multiple times over that time period. Currently, the proposed project will be a 61,000 square foot state of the art 16 screen multiplex cinema featuring 23,000 square feet of entertainment related retail and restaurant space. The project will be located on the north side of California Avenue between "N" Street and "p"rQ" Street just south of the Rabobank Arena Theater and Convention Center in the southeast Redevelopment Project Area. The new development will cost approximately $32 million and will take 24 months to construct and stabilize. This amendment is to request City Council approval to extend the completion date for the construction of the project subject to developer performance. This development has been long delayed and a level of pessimism has developed over time about the potential for it to happen. It appears, however, that this developer has their financing in place and seems ready to perform. On that basis, staff is recommending approval. Approved: .A. -r/ 11 # Alan Tandy, City Manager ~ 00: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: February 28, 2006 AGENDA SECTION: Closed Session ITEM: Ii .0.- b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED February 21, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: 1. Conference with Legal Counsel - Potential Initiation of Litigation Closed session pursuant to subdivision (c) of Government Code section 54956.9. (Four matters). 2 Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). · Robert Pratt v. City of Bakersfield, et al. Kern County Superior Court Case No S-1500-CV-253264-RJA · Lori Hedberg v. City of Bakersfield, et al Kern County Superior Court, Case No. S-1500-CV-257870 · Wanda Grant, et al v. City of Bakersfield, et al. Kern County Superior Court Case No. S-1500-CV-257611-SPC VG:dll S:ICQUNCIL lei SesslAdminsI06-07\02-2S-Q7PotLitExisUitPotlni .doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Presentations ITEM: q .li. TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall February 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER OVED SUBJECT: Presentation by Mayor Hall of Proclamation to Barbara Miner, President of Bakersfield, proclaiming March, 2007, as "Youth Art Month". RECOMMENDATION: BACKGROUND: ndw February 7,2007, 3:13PM S:\MAYOR\AOMIN\2oo7\YOUTH ART MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Presentations ITEM: . . TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall February 7, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robe ROVED RECOMMENDATION: BACKGROUND: ndw February 7, 2007, 3:16PM S:\MAYOR\ADMIN\2007\1ST SGT ROBERT BREEDEN.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Appointments ITEM: Il.ll. TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Cle~ February 14, 2007 APPROVED DEPARTMENT HEA___ ~ JtI:. CITY ATTORNEY CITY MANAGER SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the resi Sam Chow, term expiring December 31,2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Miscellaneous Civil Service Board due to the resignation of Sam Chow, whose term expires December 31, 2008. The news release for this recruitment was posted on December 8,2006 and January 19,2007. Applications have been received from the following: . Betsy Gosling . Ross Johnsen . Greg Klimko . Virginia McClellan . Ronald Wolfe . Cynthia Zimmer The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5) members, appointed by the full Council. Members must be residents of the City throughout their term of office and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion and discipline of employees affected by Civil Service. All applicants have been encouraged to contact each Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue, Bakersfield. S:\Bds&Comm\MISCCS\admin feb 2007.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Appointments ITEM: \ \ . () . TO: FROM: DATE: Honorable Mayor and City Council Pamela A. McCarthy, City Cler~ February 14, 2007 APPROVED DEPARTMENT HEA~ '- If\ CITY ATTORNEY CITY MANAGER SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to!. e r signation of Gregory Gordon (Ward 2), term expiring November 2008. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Currently there is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of Gregory Gordon (Ward 2), whose term expires November 2008. The news release for this recruitment was posted on January 19, 2007. Applications for appointment have been received from the following: . Betsy Gosling . Norma Jackson . Stephen Montgomery Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of eight Mayor/Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or the nominating Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. February 15, 2007, 4:44PM S:\Bds&Comm\KBBC\Admin Feb 2007.dot rg ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk February 15, 2007 AGENDA SECTION: Consent Calendar ITEM: \.;). a. . APPROVED DEPARTMENTHEA~~ CITY ATTORNEY CITY MANAGER SUBJECT: Approval of minutes of the February 7,2007 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director February 15, 2007 CITY MANAGER SUBJECT: Approval of department payments from January 26, 2007 to February 1 , 2007 in the amount of $19,837,741.37 and self insurance payments from January 26,20, 7 to February 15, 2007 in the amount of $232,254.84. RECOMMENDATION: Staff recommends approval of payments totaling $20,069,996.21. BACKGROUND: RAR February 16, 2007, 9:55AM S :\RichardIAPIADMIN-AP. doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: I~.~. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 1, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Ma .1 16) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone on 40 acres located on the northwest comer of East White Lane and Washington St. (ZC #06- 1043 - Hendricks Engineering, representing Cottonwood Villas LLC) (Ward 1) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On December 7, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists of changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone on 40.6 acres. The reason for the request is to allow small lot single family residential development in an R-2 zoned in accordance with the Subdivision Ordinance. The General Plan Land Use designation on the subject property is low density residential. The site is currently undeveloped. Related Vesting Tentative Tract 6781 was approved by the Planning Commission on December 7, 2006 to allow the proposed development of single family residential uses. No one spoke in opposition to the project at the Planning Commission hearing. An initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by City Council on November 9,2005 in conjunction with GPA/ZC 05-0417 in accordance with CEQA. Staff recommends approval of the zone change. February 1, 2007, 11:00AM jeng / S:\Danaladmin\2007\Feb\2-28-1043.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I.l. rt . . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ January 26, 2007 CITY A TIORNEY CITY MANAGER SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map Title Seventeen of the Bakersfield Municipal Code by changing the zonin from -2 CH (Limited Multiple Family Dwelling - Church Overlay) to R-1 ",One Family Dwelling) on 0.66 acre located on the south side of Paladino Avenue, approximately 1/2 mile west of Morning Drive (ZC # 06-1931 - Thomas D. Sholin representing Paladino West, LLC) (Ward 3) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 18, 2007, the Planning Commission held an advertised public hearing on this zone change request and recommended adoption by the City Council. The zone change request consists of changing the zoning from an R-2 CH (Limited Multiple Family Dwelling - Church Overlay) zone to an R-1 (One Family Dwelling) zone on 0.66 acre on the south side of Paladino Avenue, west of Morning Drive. This zone change request will bring the zoning into conformance with the LR (Low Density Residential) General Plan Land Use designation on the subject property. The site is currently undeveloped and is proposed for development of single family residential uses. The zone change pertains to Revised Vesting Tentative Tract 6202 containing 311 lots for single family development on approximately 78.75 acres. The area of the proposed zone change covers a 30-foot- wide strip approximately 834 feet long within RVTM 6202. Several lots along the eastern boundary of RVTM 6202 contained R-2-CH zoning. A condition of approval for RVTM 6202 required the applicant obtain a zone change to R-1 for this portion of the site in order to bring the site's zoning into consistency with the R-1 zoning in related RVTM 6202. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. Pursuant to the California Environmental Quality Act (CEQA), an initial study was prepared for related RVTM 6202 for the subject property, and a negative declaration was adopted on August 3, 2006. In Prepared by m.adams \ January 26,2007 \ S:\Dana\Adniin\2007\Feb\2-28-1931.Doc ADMINISTRATIVE REPORT accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. Staff recommends approval of the zone change. Prepared by m.adams \ January 26, 2007 \ S:\Dana\Admin\2007\Feb\2-28-1931.Doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I~. e. TO: FROM: DATE: Honorable Mayor and City Council APPROVED January 29, 2007 CITY ATTORNEY CITY MANAGER Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sed ns 1.12.010, ~ 1.12.030, ~ 1.12.040, ~1.12.050 and ~ 1.12.060 by adding Annexation Nos. 481 consisting of 127.39 acres, located south of Panama Lane, east of South Union Avenue and Annexation 524 consisting of 0.24 acres located east of Hughes Lane, south of Highway 58 to Ward 1, Annexation No. 541 consisting of 6.67 acres, located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3, Annexation Nos. 498 consisting of 2,203.81 acres, located south of Panama Lane, generally east and west of Buena Vista Road, Annexation 512 consisting of 46.14 acres, located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation 518 consisting of 2,081.80 acres, located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation 527 consisting of 81.06 acres, located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation 534 consisting of 0.72 acres, located north of Belle Terrace, south of Blomquist east of McDonald Way to Ward 6. (Wards 1, 3, 4, 5 & 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 481,524,541,498,512,518,527 and 534 corresponding Council wards. These annexations were approved by LAFCO recently. Annexation No. 481 is located south of Panama Lane, east of South Union Avenue. The 127.39 acre site is undeveloped. The site is designated for residential development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 524 is located east of Hughes Lane, south of Highway 58. The property consists of a single family home on 0.24 acres. The property owner requested annexation to receive city services. Annexation No. 541 is located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street. The 6.67 acre site is undeveloped. The property owner requested annexation for roadway access. ADMINISTRATIVE REPORT Page 2 Annexation No. 498 is located south of Panama Lane, generally east and west of Buena Vista Road, known as the Old River Ranch project. The 2,203.81 acre site is undeveloped. The property owners requested annexation for development purposes and to receive city services. Annexation No. 512 is located north of Snow Road, east of Calloway Drive, west of the Calloway Canal. The 46.14 acre site is undeveloped. The site is designated for residential development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 518 is located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County. The 2,081.80 acre site is undeveloped. The property owners requested annexation for development purposes and to receive city services. Annexation No. 527 is located west of Gosford Road, generally north of Taft Highway. The 81.06 site is undeveloped. The property owners requested annexation for development purposes and to receive city services. Annexation No. 534 is located north of Belle Terrace, south of Blomquist east of McDonald Way. The site consists of a single family home on 0.72 acres. The property owner requested annexation to receive city services. S:\Annexation\Ordinances\Admin Draft 2-28-07 481,498.512,518,524,527,537 & 541 WARD.DOC ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: '~..f. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 2, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance denying the appeal and adopting a negative de arati nand amending Title 17 of the Municipal Code and Zone Map No. 104-32 by chang' g the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally I cated on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. (ZC # 06-0581 - Marino and Associates representing Patricia Crawford et. al. (Ward 3, upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on February 7, 2007. The applicant and appellant have met and agreed to the following conditions of approval. The appellant has agreed not to oppose the zone change request if the conditions shown below are attached to the project. The applicant has agreed with these changes. Revise Condition NO.7 to read: "Adjacent to A (Agriculture) zoning, the lots shall have a minimum lot depth of 175 feet and shall be designed so that rear yards abut the A (Agriculture) zone, eKSel3t 'Nhcm a r:eofj separates tho lets fr-am the .A. (/\gFisbllbne ). Add the following conditions. The Fire Chief recommends Conditions 12 and 13 be added for public safety reasons. The proposed conceptual lot layout shown in Exhibit "2" does not quite meet minimum standards and is an exception and not the rule. 9. The development of the project site shall be as shown on the attached Exhibit "2" depicting a maximum of 26 residential lots and a drainage basin. (Note: The Public Works Dept. and Fire Dept. have agreed to the maximum 26 lots as shown on Exhibit "2".) 10. Upon development of the property, developer shall construct a six (6) foot high concrete block wall along the east and south boundaries of the project site. February 2,2007, 3:10PM Planner jeng / S:\Danaladmin\2007\Feb\2-28-0581.doc ADMINISTRATIVE REPORT 11. Upon development of the property, developer shall record a waiver of vehicular access along the east and south boundaries of the property to prevent access from the adjacent agricultural properties. 12. The street width shall be 60 feet wide (as shown on Exhibit "2") and shall stay at that width to maintain access. (Fire Dept. requirement for public safety.) 13. Fire hydrants are required and installed per Fire Department (see David Weirather, Fire Prevention section) (Fire Dept. requirement for public safety.) At the request of Marino and Associates, the applicant, this public hearing was continued from the November 15, 2006 Council meeting. On September 13, 2006, the City Council held and closed a public hearing on the appeal to this zone change request. A public hearing was advertised and posted to consider this zone change before the City Council on October 11, 2006. However, upon mutual agreement between the appellant and the applicant, this item was continued to November 15, 2006 and then again to February 7,2007. On July 20, 2006, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council, subject to conditions of approval. An appeal was filed by James B. Wiens, representing the Stoller and Lehr families, whom are adjacent land owners with agricultural operations. Over the course of the last several months, the appellant and the applicant have come to an agreement on conditions of approval that result in the appellant not opposing the zone change request. The reason for the request is to bring the zoning into conformance with the existing SR (Suburban Residential) General Plan Land Use designation on the subject property. The SR designation on the subject property and adjacent land including most of the Stoller and Lehr properties was determined by the County of Kern. The 20 acre project site is currently undeveloped and the property owners have requested annexation to the City. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Based on the agreement between the appellant and the applicant to revised and added conditions of approval as shown above, staff recommends to deny the appeal and hold first reading of the zone change incorporating the changes to conditions agreed to by the appellant and applicant. February 2, 2007, 3:10PM Planner jeng / S:\Danaladmin\2007\Feb\2-28-0581. doc t ~ ~ ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director APPROVED February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the ex&! tion of a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development for the proposed Millcreek Linear Park Project - Phase 1. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The California Department of Housing and Community Development (HCD) requires the attached resolution to be executed by the City in order to apply for grant funds available through the Workforce Housing Reward Grant Program. The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve affordable housing. The program was established in 2002 and funded through Proposition 46, the Emergency Shelter Trust Fund Act. The WFH Program does not use a competitive process to award funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified affordable units will determine the final amount of funds available to cities/counties through the program. The WFH program grant funds are restricted for use to only capital asset projects that benefit the community and add to the community's quality of life. The City received grant funds via this program in 2003 for $314,822 (used for The Park at Riverwalk children's playground); in 2004 for $148,458 (used for Chester Avenue Streetscape Phase II), and in 2005 for $598,126 to be used for proposed regional sports park located along Taft Highway. The amount of funds the City could receive will depend on the number of qualified affordable units that the City can document were permitted during 2006, and how many other cities apply statewide. Based on this criteria, staff anticipates receiving approximately $20,000 in grant funds, with those funds designated to assist in the development of the City's proposed Millcreek Linear Park Project - Phase I. This resolution authorizes city staff to execute the necessary agreements to receive grant funds after the State determines the amount of the grant funds allocated to the City. S:\Admins\City Council\City Council Admins 2007\Workforce Housing grant 2007 admin.doc 2/14/200710:01 AM ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \~. h . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director February 1, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Sewer Connection Fee Assessments (Ward 7): 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Jeff F Ybarra and Mary J Ybarra, 5109 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owners of the property at 5109 Centaur Street desire to connect their property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owners to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. de S:\PROJ ECTS\SewerConFee\Admin\51 09_ Centaur.doc February 1, 2007, 11: 12AM ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA S~CTION: Con~eYlf Co..lendar ITEM: ':.l. i . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD February 13, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan AmendmentlZone Change 06-2022 (Ward 1) - Mel Heinemann, representing himself, Jack & Nuha Haddad, and the City of Bakersfield, the property owners, has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest comer of E. Planz Road and Washington Street (future), and on approximately 40 acres located at the southeast comer of Cottonwood Road and E. Berkshire Road (future). 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R- IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-16 and 124- 28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agricultural) to P.U.D. (Planned Unit Development) on approximately 40 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: On February 7, 2007, a public hearing on this item was held by the City Council. Gordon Nipp, representing the Sierra Club, spoke in opposition to staff's recommendation. The Council continued this item in order to enable staff to address Mr. Nipp's comments. Mr. Nipp raised two issues associated with the 40-acre property at the southeast comer of Cottonwood Road and E. Berkshire Road; potential health effects to Mure inhabitants if wastewater spreading has occurred on the property and mitigation for the loss of agricultural land. During the hearing, Public Works Director Raul Rojas stated that this property has not been used for wastewater spreading. Subsequent to the hearing, Wastewater Division staff confirmed this fad and added that this property has its own dedicated fresh water irrigation well for agricultural use. Furthermore, no evidence of potential wastewater spreading was identified in the Phase I Site Assessment prepared for this property by WZI Inc. (October 2006). Although this property is proposed to be converted from cultivated agricultural land to housing, the proposal would in turn convert 40 acres of land at the southwest comer of E. Planz ADMINISTRATIVE REPORT Page 2 Road and Washington Street from its current industrial land use designation and zoning to fannable land designated P (Public Facilities) and zoned OS (Open Space). The City, as the future owner of this property, plans to lease this property for agricultural use. Because the proposal would not result in a net loss of agricultural land, mitigation for the loss of agricultural land would not be necessary. On June 15, 2006, the Planning Commission recommended denial of GPAlZC 05-1887, a request by the applicant for this GPAlZC request, Mel Heinemann, to allow for the development of a 4O-acre single-family planned unit development at the southwest comer of E. Planz Road and Washington Street ("Planz Site"). The primary issue associated with GPAlZC 05-1887 was the proposal to develop residential uses within the %-mile buffer area for Wastewater Treatment Plant No.2, established by the Public Works Department to prevent the development of odor-sensitive land uses in close proximity to this facility. GPAlZC 05-1887 was scheduled for consideration by the City Council on August 16, 2006, but was continued without discussion at the request of Mr. Heinemann. Prior to that date, Mr. Heinemann had begun negotiations with the City for the proposed trade of his property for City-owned property suitable for residential development at the southeast comer of Cottonwood Road and E. Berkshire Road ("Cottonwood Site"). On November 15, 2006, the Council once again continued GPAlZC 05-1887 without discussion at the request of Mr. Heinemann. On January 17, 2007, the Council approved a land trade agreement with Mr. Heinemann for the two 4Q-acre properties which comprise this proposed general plan amendment and zone change; the agreement is contingent upon approval of this proposal. The Cottonwood Site is proposed to be developed with 365 detached, two-story, single-family residential units arranged in clusters with vehicular access provided via common, private driveways. Driveways, walls and fencing, and landscaping within parkways and front yards abutting streets would be maintained by a homeowners association to ensure the unifonn, long-tenn maintenance of these improvements and to lessen the potential financial burden on individual homeowners in the event that a major repair is necessary in an isolated portion of the development. The Planz Site is proposed to be designated P (Public Facilities) and zoned OS (Open Space). Pursuant to the Zoning Ordinance, one of the purposes of the OS Zone is "...to safeguard the health, safety and welfare of the people by limiting developments in areas where protection from unstable soils, flooding, seismic activity or other special circumstances is required." Preventing the "development of odor-sensitive land uses in close proximity to a municipal wastewater treatment plantean be equated to safeguarding the health, safety and welfare of the public from a .special circumstance." Pennitted uses within the OS Zone include agriculture, passive parks, and unlighted recreation facilities for small-scale, unorganized use. The proposal would eliminate the potential for industrial uses, including heavy industrial, to be developed on the site, adjacent to existing and planned residential development to the immediate west, south, and southwest. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on December 21, 2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address cultural resources, traffic, parking, and public improvements are recommended as part of the project approval. Staff conducted an initial study and it was detennined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on November 20, 2006, in accordance with CECA. PH - S:\GPA 4th 2006\06-2022\Staff Reports\Admln Report2.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SE~TION: &nsw CoJendaY ITEM: I~. \ . U TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD February 14, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan AmendmenVZone Change 05-1887 (Ward 1) Marino/Associates, representing Mel Heinemann and Jack & Nuha Hadd d, t e property owners, has applied for a general plan amendment and zone change on 9.29 acres located at the southwest comer of East Planz Road and Washington Street (Mure). 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres. RECOMMENDATION: Case withdrawn by applicant, contingent upon prior approval of GPAlZC 06-2022. If GPAlZC 06-2022 is not approved, staff recommends denial of the proposed general plan amendment and zone change. BACKGROUND: The attached letter dated January 18, 2007, submitted by Teri Bjorn on behalf of the applicant, Mel Heinemann, requests that this case be withdrawn, contingent upon prior approval of GPAlZC 06-2022, which is also on the current agenda. In her letter, Ms. Bjorn further states that if GPAlZC 06-2022 is not approved, then Mr. Heinemann will proceed with this case. The background of this case, including its relationship to GPAlZC 06-2022, is described in the following paragraph. The proposal would allow for the development of 290 detached residential units, a public park, and a drainage sump on the 39.29-acre project site. The majority of the project site lies within the %-mile buffer area for the City of Bakersfield's Wastewater Treatment Plant No.2, established by the Public Works Department to prevent the development of odor-sensitive land uses, including residential development, in close proximity to this facility. Following a recommendation of denial by the Planning Commission on June 15,2006, this case was scheduled for consideration by the City Council on August 16, 2006, at which time the Council continued the case without discussion at the request of Mr. Heinemann. Prior to that date, Mr. Heinemann had begun negotiations with the City to trade the subject property for a piece of City-owned property of equal size at the southeast comer of Cottonwood Road and E. Berkshire Road that he considered to be suitable for residential development. In anticipation of approval of the proposed land ADMINISTRATIVE REPORT Page 2 trade agreement, Mr. Heinemann filed a separate GPA/ZC application (06-2022) covering both the GPA/ZC 05-1887 property and the above-described City-owned property. Approval of GPA/ZC 06-2022 is necessary in order to accommodate residential development on the City-owned property and to preclude residential and industrial development on the GPA/ZC 05-1887 property. On November 15, 2006, the Council again continued this case without discussion at the request of Mr. Heinemann. On January 17, 2007, the Council approved the land trade agreement, subject to the approval of GPA/ZC 06-2022. On February 7,2007, the Council continued this case without discussion due to the continuance of GPA/ZC 06-2022. 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 17, 2006, in accordance with CEOA. PH - S:\GPA 2nd 2006\05-1887\Staff Reports\Admln Report4.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: I Con5Ott CtU e.nchY ITEM: la .IL. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 20, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: General Plan AmendmenVZone Change 06-0925 (Ward 5). Mcintosh and Associates for John Glenn Carmichael; Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr., the property owners has applied for a general plan amendment and zone change on 60-acres, located at the northeast comer of Panama Lane and South Allen Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource -Intensive Agriculture) to LR (Low Density Residential) on 60-acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 122-24 from A-20A (Agriculture - 20 acre minimum) to R-1 (One Family Dwelling) on 6o-acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The proposal would allow for the development of 218 single-family residential dwelling units on the 60- acre project site. On February 7, 2007, a public hearing on this item was held by the City Council. Gordon Nipp, representing the Sierra Club, spoke in opposition to staff's recommendation. The Council continued this item in order to enable staff to have the applicant provide a written response to address Mr. Nipp's comments. The Planning Commission conducted a public hearing on this general plan amendment and recommended approval to the City Council on December 21, 2006. Roger Mcintosh representing John Glenn Carmichael, Paul Dale Carmichael, Juliann Carmichael, Kurtis Estate of Charlotte F. Grear, Estate of Martha Fatodd, Irwin Franklin Walt, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, and James Pierson-Wall, Jr., addressed the Planning Commission during the publiC hearing and stated that he is not opposed to Staff's recommendation other than the fact that Condition No. 8 requires his clients to construct a significant amount of improvements on adjacent property. Mr. Mcintosh stated ADMINISTRATIVE REPORT Page 2 this would require full improvements for the north side of Panama Lane along the front of the 40-acre parcel to the east of the GPA zone change area, and the justification is for orderly development. Mr. Mcintosh requested that Condition No. 8 be removed because his client would have to spend an additional $350,000 to get it accomplished. The Commission added the following language to Condition No.8 commencing at the end of that particular paragraph, stating: "Staff will attempt to place two lanes of this segment on the RTIF list so that credit will be available for this developer, and also to the effect that if the property to the east comes in for a General Plan Amendment and development of the property that responsibility of this applicant to improve the property frontage to the east will be vacated." In addition, conditions of approval and mitigation measures which address air quality, cultural resources, and traffic are recommended as part of the project approval. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on November 21, 2006, in accordance with CECA. S:\GPA 4th 2006\06-0925\Staff Reports\Admin Report 02-28-07.doc ADMINISlRA liVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Con~e(l,+ (cd endctr ITEM: Il. l. February 16, 2007 CITY ATTORNEY CITY MANAGER TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: General Plan Amendment/Specific Plan/Zone Change 03-1544 Agreement (Ward 5 or 6) Castle and Cooke California, Inc., the property owner, has applied for a general plan amendment, specific plan adoption, zone change, and development agreement approval for the West Ming project on 2,184 acres generally located between Ming Avenue (extended) and the Southern Pacific Railroad, Buena Vista Road and future West Beltway. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No. 03-1544, known as the West Ming Project. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource - Intensive Agriculture), R-MP (Resource - Mineral Petroleum), and OS (Open Space) to West Ming Specific Plan, and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum), and 2.5 (Flood Plain Overlay) to West Ming Specific Plan, and amending the Circulation Element to change the Circulation Element alignment of the collector roads within the project boundaries to deviate from the current grid pattern, re-designate White Ln. and Ming Ave. (west of South Allen Road) from arterials to collectors as shown in the West Ming Specific Plan. 3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM- LR (West Ming - Low Density Residential) on 448 acres; to WM-LMR (West Ming - Low Medium Density Residential) on 980 acres; to WM-HMR (West Ming - High Medium Density Residential) on 378 acres, to WM-HR (West Ming - High Density Residential) on 43 acres, to WM-GC (West Ming - General Commercial) on 41 acres, to WM-OC (West Ming - Office Commercial) on 9 acres, to WM-MU (West Ming - Mixed Use) on 63 acres, and to WM-SU (West Ming - Special Use) on 220 acres. 4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the West Ming Specific Plan zoning for the project site changing the zoning to WM-R1 (West Ming One Family Dwelling Zone) on 448 acres, to WM-R2 (West Ming Limited Multiple Family Dwelling Zone) on 1,358 acres, to WM-R3 (West Ming Limited Multi- Family Dwelling Zone) on 43 acres, to WM-CO (West Ming Professional and Administrative Office Zone) on 41 acres, to WM-GC (West Ming General Commercial Zone) on 9 acres, to WM-TC (West Ming Town Center Zone) on 63 acres, and to WM- SU (West Ming Special Use Zone) on 220 acres. ADMINISTRATIVE REPORT Page 2 5. First reading of ordinance approving the Development Agreement. RECOMMENDATION: Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving proposed general plan amendment, adoption of a resolution approving the West Ming Specific Plan, adoption of a resolution approving the zoning for the West Ming Specific Plan, and first reading of ordinance approving the development agreement. BACKGROUND: This City Council opened the public hearing, received testimony from the public, and closed the public hearing on the West Ming project on February 7, 2007. The Council continued this item to the February 28, 2007 meeting. The continuance was to allow time for the applicant and staff to respond to a lengthy letter received on February 7, 2007 from the City of Shatter expressing concerns regarding the adequacy of the EIA. The responses are currently being prepared and will be provided to the City Council under separate cover. The attached documents and conditions of approval have been updated to include all the minor changes to conditions provided at the February 7,2007 hearing. The Draft Development Agreement attached to the ordinance will be updated with the minor changes as described in the February 7, 2007 memo from the Deputy City Attorney's upon the Council's approval. The 2,184-acre West Ming project is on the edge of new development in southwest Bakersfield. The proposal would accommodate the development of a new master planned community featuring a balance of residential, retail, employment, recreation, and public facilities. A mixed-use Village Center is proposed as the focal point of the new community, linked to residential neighborhoods by a system of multi-purpose trails and local streets. The proposal consists of up to 7,450 dwelling unit, a Town Center with 331,200 square feet of retail and office development, 478,880 square feet of commercial and 1,135,000 square feet for special uses including light industrial and oil extraction. The proposal features a Town Center as the retail and recreational focal point, a variety of residential densities, public and private parks, trails and schools. The West Ming Specific Plan contains Implementation Measures that will guide development of the master-planned community. 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. The California Environmental Quality Act (CECA) 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 CECA, an EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on June 1, 2005, an adequacy hearing to receive comments on the Draft EIR on October 5, 2006, and a hearing on the Final EIR on December 21, 2007. The Final EIR was recommended for certification by the Planning Commission on January 4, 2007. 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. The Planning Commission conducted a public hearing on this project on December 21, 2006. Four speakers spoke in favor of the project during the public hearing. Gordon Nipp, representing the Sierra Club, spoke about concerns with cumulative traffic and air quality impacts, and light pollution, but supported the inclusion of the mitigation measure addressing loss of agricultural land, and the good design features for trails and mixed uses. The City of Shafter submitted a letter questioning the adequacy of the ADMINISTRATIVE REPORT Page 3 West Ming EIR just prior to the start of the December 2151 Planning Commission meeting. The Commission referred the Shafter letter to staff for review and preparation of responses to be considered at the January 4, 2007 Commission meeting. The Planning Commission considered all documents, comments and responses to comments prepared for the project and recommended approval of the project to the City Council on January 4, 2007. The applicant has agreed to all conditions of approval and mitigation measures. Adoption of a Statement of Overriding Considerations is necessary for the following impacts that can not be mitigated to a less than significant level: traffic impacts, increased noise levels and loss of agricultural resources, and would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program and the adoption of CEOA findings and a statement of overriding considerations as required pursuant to State CEOA Guidelines Sections 15091 and 15093. Jeng\ S:\West M1n9 Specific Plan\CC\Feb 28-07\GPA-SP-ZC Admin Report.doc February 16, 2007 ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: IJ. m . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD ,1t/'i ../ r./ ~ CITY ATTORNEY ~ CITY MANAGER February 8, 2007 SUBJECT: Resolution adding territory, Area 3-61 (Akers, Ironrock SW) to t Maintenance District and confirming the assessments, approving t 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 February 7, 2007 the Council adopted Resolution of Intention No. 1501 to add territory, Area 3-61 (Akers, Ironrock 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 Tentative Tract No. 6802. Area 3-61 is generally bounded by Ironrock Avenue on the north, Akers Road on the east, a line approximately 1,090 feet south of Ironrock Avenue on the south and a line approximately 865 feet west of Akers 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-61_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \.l. n. TO: Honorable Mayor and City Council February 8, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER FROM: DATE: Raul M. Rojas, Public Works Director SUBJECT: Resolution adding territory, Area 3-62 (Mountain Vista, Berkshire NE) to e C nsolidated Maintenance District and confirming the assessments, approving t e 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 February 7, 2007 the Council adopted Resolution of Intention No. 1502 to add territory, Area 3-62 (Mountain Vista, Berkshire NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6916. Area 3-62 is generally bounded by a line approximately 1,320 feet north of Berkshire Road on the north, a line approximately 1,320 feet east of Mountain Vista Drive on the east, Berkshire Road on the south and Mountain Vista Drive 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-62_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \ d.. . '0. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER February 8, 2007 SUBJECT: Resolution adding territory, Area 3-63 (Harris, Old River SE) to ~ 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 February 7, 2007 the Council adopted Resolution of Intention No. 1507 to add territory, Area 3-63 (Harris, Old River 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 Tentative Tract No. 6685. Area 3-63 is generally bounded by Harris Road on the north, a line approximately 2,650 feet east of Old River Road on the east, a line approximately 380 feet south of Harris Road on the south and Old River 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-63_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: ,~. o. , TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ill/ !'I' l ''''___ SUBJECT: Resolution adding territory, Area 4-68 (Panorama, Rivani NE) to. e . onsolidated 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 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1503 to add territory, Area 4-68 (Panorama, Rivani NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6426. Area 4-68 is generally bounded by Paladino Drive on the north, a line approximately 1,320 feet east of Rivani Drive on the east, Panorama Drive on the south and Rivani Drive 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-68_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: 1J...Q. LJ TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2007 SUBJECT: Resolution adding territory, Area 4-69 (Union, E. California NE) to e Maintenance District and confirming the assessments, approving 'the ublic Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1504 to add territory, Area 4-69 (Union, E. California NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No. 11613. Area 4-69 is generally bounded by Chico Street on the north, Tulare Street on the east, E. California Avenue on the south and Union Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-69_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \~.r . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER February 8, 2007 SUBJECT: Resolution adding territory, Area 4-70 (College, Valencia SE) to t 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 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1505 to add territory, Area 4-70 (College, Valencia 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 Tentative Tract No. 7006. Area 4-70 is generally bounded by College Avenue on the north, a line approximately 640 feet east of Valencia Drive on the east, a line approximately 1,320 feet south of College Avenue on the south and a line approximately 200 feet east of Valencia Drive 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. 'I 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, covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-70_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: l~.~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 1Z SUBJECT: Resolution adding territory, Area 5-31 (Pacheco, Cottonwood NW) to th Maintenance District and confirming the assessments, approving th p. Iic Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1506 to add territory, Area 5-31 (Pacheco, Cottonwood 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 Parcel Map No. 11473. Area 5-31 is generally bounded by a line approximately 1,320 feet north of Pacheco Road on the north, Cottonwood Road on the east, Pacheco Road on the south and a line approximately 1,320 feet west of Cottonwood 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 MD5-31_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \.1.1-. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 8, 2007 SUBJECT: I Resolution adding territory, Area 5-32 (Hosking, Shannon SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the K~rn County Tax Collector. (Ward 7) . RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1508 to add territory, Area 5-32 (Hosking, Shannon 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 Tentative Tract No. 6368. Area 5-32 is generally bounded by Hosking Avenue on the north, Shannon Drive on the east, a line approximately 1,320 feet south of Hosking Avenue on the south and a line approximately 990 feet west of Shannon Drive 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 MD5-32_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: IJ,.. "" . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 26, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ,,:In. ~.!' '- {, SUBJECT: Resolution of Intention No. 1509 to add territory, Area 3-64 (Panama, Bu the Consolidated Maintenance District and preliminarily adopting, confirmi Public Works Director's Report. (Ward 5). sta SW) to a d approving RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No's. 6706 and 6719 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 3-64 is generally bounded by Panama Lane on the north, Buena Vista Road on the east, Taft Highway on the south and South Allen 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr January 26, 2007, 10:04AM MD3-64Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \ cl. v' . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 12, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1510 to add territory, Area 3-65 (Hughes, cK. e SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6369 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 3-65 is generally bounded by McKee Road on the north, Hughes Lane on the east, a line approximately 1,320 feet south of McKee Road on the south and a line approximately 1,320 feet west of Hughes Lane 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(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 12, 2007, 12:16PM MD3-65Ri05.dot ADMINISlRA liVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: ld-.. . W. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ;;11 ( SUBJECT: Resolution of Intention No. 1511 to add territory, Area 4-71 (Edis , Case) to the Consolidated Maintenance District and preliminarily adopting, confirmi g and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 11618 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-71 is generally bounded by a line approximately 2,900 feet north of Chase Avenue on the north, a line approximately 3,970 feet east of Edison Road on the east, a line approximately 2,380 feet south of Chase Avenue on the south and a line approximately 1,300 feet west of Edison 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. Statt is recommending the new territory be added to the Consolidated Maintenance District at the next Ci~ 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 tc 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, ~ 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 February 14, 2007, 10:0BAM MD4-71 RIOS.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: IJ... . )( . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED (/11-. February 14, 2007 SUBJECT: Resolution of Intention No. 1512 to add territory, Area 5-33 (Belle Terrace, the Consolidated Maintenance District and preliminarily adopting, confirmi Public Works Director's Report. (Ward 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6378 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 5-33 is generally bounded by a line approximately 420 feet south of Belle Terrace on the north, a line approximately 440 feet west of Cottonwood Road on the east, a line approximately 1,290 feet south of Belle Terrace on the south and a line approximately 560 feet east of Madison Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 14, 2007, 10:38AM MD5-33Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \ 'J.. . TO: Honorable Mayor and City Council CITY MANAGER FROM: Javier Lozano, Human Resources Manager DATE: February 13, 2007 DEPARTMENT HEAD CITY ATTORNEY SUBJECT: Revised Job Specification and Change to Salary Schedule 1. Amendment NO.4 to Resolution No. 078-06 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Assistant Economic Development Director. 2. Revised Job Specification/Title Change: Community Development Coordinator to Assistant Economic Development Director RECOMMENDATION: Staff recommends approval of the revised job specification, title change and adoption of the resolution. BACKGROUND: The Economic Development Director has requested the revision of the existing Community Development Coordinator job specification with a title change to Assistant Economic Development Director. This position will be responsible for managing the day-to-day operations of the department, project management oversight and supervision of project teams and act as the Department Head in the absence of the.,Economic Development Director. Based upon the level and scope of responsibility, we recommend the salary remain the same as the existing Community Development Coordinator. Therefore, there is no budgetary impact. The revised jOb specification will be presented to the Miscellaneous Civil Service Board at their February 20, 2007 meeting. (mp) S:\Admin Reports - 2007\Assistant Economic Development DirectoAAssistant Economic Development Director.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \ ::1. 'Z.- . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER February 8, 2007 SUBJECT: Tract Maps and Improvement Agreements '- 1. Final Map and Improvement Agreements with San Joaquin Developm nt, LLC for Tract 6152 Phase 3 located between McKee Road and Taft Highway (Hwy 119) west of Wible Road. (Ward 7) 2. Final Map and Improvement Agreements with JP/CP Development, INC., for Tract 6295 Phase 2 located between Calloway Drive and Coffee Road south of Brimhall Road. (Ward 5) 3. Final Map and Improvement Agreements with Dunmore Diamond Ridge, LLC for Tract 6332 located between Ashe Road and Stine Road south of McCutchen Road. (Ward 6) 4. Final Map and Improvement Agreements with Canyon Capital, INC. and M.C. Williams Bros, INC. for Tract 6353 Phase 1 located at the southwest intersection of Hoskings Avenue and Highway 99. (Ward 7) 5. Final Map and Improvement Agreements with Lo Land Assets, LP and Lennar Homes of California, INC., for Tract 6361 Phase 1 located between Seventh Standard Road and Etchart Road west of Verdugo Lane. (Ward 4) 6. Final Map and Improvement Agreements with Moreland Family, LLC, and C&O Bakersfield I, LLC for Tract 6362 Phase 1 located between Wible Road and Highway 99 south of McKee Road. ( Ward 7) 7. Final Map and Improvement Agreements with Val Verde, LLC for Tract 6368 located at the southwest intersection of Hoskings Avenue and Shannon Drive. (Ward 7) 8. Final Map and Improvement Agreements with Lennar Homes of California, INC. for Tract 6453 Unit 1 located at the southwest intersection of Reina Road and Allen Road. (Ward 4) 9. Final Map and Improvement Agreements with Castle & Cooke California, INC. for Tract 6799 located at the southwest intersection of Ming Avenue and Gosford Road. (Ward 5) February 9, 2007, 2:07PM G:\GROUPDAT\ADMINRPT\2007\02-28\Map and Improvement AGR .doc ADMINISTRATIVE REPORT 10. Improvement Agreements with Wilson/Brimhall, LLC for Parcel Map 11476 located at the northwest intersection of Brimhall Road and Calloway Drive. (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. rs February 9, 2007, 2:07PM G:\GROUPDAnADMINRPn2007\02-28\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: ic1. (..La... TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 31, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Transportation Impact Fee Agreement with Tuscany/Parcel 14, DBA Sien m 6347 (Estimated Fee Credit - $278,714) located near the northwest corn~r; of AI Highway and Pala.dino Drive (Ward 3) RECOMMENDATION: Staff recOmmends approval of Agreement. BACKGROUND: Tuscany/Parcel 14, DBA Siena Homes, is constructing Alfred Harrell Highway along the tract frontage, north of the future Paladino Drive intersection. Transportation Impact Fee credit is available for the portion of Alfred Harrell Highway that they are constructing. Siena Homes has requested that the Transportation Impact Fee Credit available from this improvement be applied to lots in Tracts 6347. The available credit is estimated at $278,714. mps January 31, 2007, 4:19PM G:\GROUPDAliADMINRPT\2007\02-28\T6347 TIF Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar 'TEM: TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER rPROVED i~'~ SUBJECT: Bakersfield Municipal Airport Ground Lease (Ward 1): Ground Lease Agreement with Steven Hendrix for the purposes of constructi g an aircraft storage hangar, for a monthly lease fee of $40. RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 20 such Ground Lease Agreements and constructed hangars. The term of this agreement is for a period of twenty years with the option of two five-year extensions. The approximate size of the aircraft storage hangar is 2,000 square feet. The land lease agreement generates $40 per month in revenue. Bbu G :\GROUPOA 1\AOMINRPT\2007\02.28\Ground Lease - Hendrix.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: 'J.. t~. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 19, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Ch ge rJo. 06- 1529 (Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle Road, west of Stine Road and north of Houghton Road. (Wards 6 or 7). 1. Agreement with Grand Bakersfield, LLC ($254,900.00) for the preparation of an Environmental Impact Report (EIR) and appropriate $191,183.00, (developer's contribution) to the Development Services Operating budget in the General Fund. 2. Agreement with RBF Consulting ($191,183.00) to prepare Environmental Impact Report. RECOMMENDATION: Staff recommends approval of the agreements and the appropriation of funds. BACKGROUND: Grand Bakersfield, LLC is proposing the development of commercial, and low and high density residential uses on approximately 481 acres, located east of Ashe Road, south of Engle Road, west of Stine Road and north of Houghton Road. Applicant - City Agreement: This agreement acknowledges that Grand Bakersfield, LLC will pay for all costs associated with the preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $254,900.00, which consists of $191,183.00 for the consulting services and $63,717.00 to reimburse the City for its costs and staff time in managing the project. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of an EIR for General Plan Amendment/Zone Change No. 06-1529 by RBF Consulting. CG: S:\GPA 3rd 2007\06-1529 Grand BakersfieldlAgraements\Admin Report.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: l;t. c(d. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 12, 2007 APPROVED DEPARTMENT HEAD ') I CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with CMX Sports Engineers, L.L.C., ($710,000) for prelimina design of the Sports Village, located on the north side of Taft Highway Road and Ashe Road. (Ward 6). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Sports Village Project is located on a 220 acre site located on the north side of Taft Highway between Gosford Road and Ashe Road. The City plans to construct a recreation facility with a "Sports Village" theme. The facility will consist of 16 soccer fields, 12 baseball fields, 6 football fields and a community center. Surrounding areas will feature a park with a lake for family outings and two commercial areas. On November 13, 2006, the City received Statements of Qualifications from fifteen firms in response to the City's Request for Qualifications for the Preliminary Design Services for the Sports Village, Bakersfield, California. On January 17, 2007, the City conducted interviews with five qualified firms: CMX Sports, Moore lacofano Goltsman, Inc., RJM Design Group, Inc., RRM Design Group, and the HLA Group. These firms were then ranked according to their qualifications, interview presentations, and technical proposals. The Selection Committee, consisting of six City staff representing Recreation & Parks Department and Public Works Department, staff recommends award to CMX Sports based on their combination of qualifications and fee proposal being the most favorable to the City. (cv) February 16. 2007, 10:57AM G:\GROUPDAT\ADMINRPT\2007\02-28\Sports Village adm.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: Id... e(.,. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 14, 2007 CITY MANAGER SUBJECT: Agreement with CMX Sports Engineers, L.L.C., ($697,000) for Engineering Services for 40 Acre Baseball Park, located on the corner and Stockdale Highway (Ward 4). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On November 29, 2006, the City entered into an agreement with Bakersfield Southwest Baseball, INC. (BSWB) for construction of baseball fields at the 40 Acre Park located on the corner of Jewetla Avenue and Stockdale Highway. The facility will contain a minimum of eight baseball fields, lighting for three baseball fields, security lighting, spectator stand, a concession stand, restroom, an equestrian staging area and a parking lot. Per the agreement between the City and BSWB, the City is responsible for providing construction plans for the entire facility and to construct an entry road, all necessary utilities into the park, landscaping along Jewetta Avenue, the restroom, equestrian staging area, trash bin and parking lot. On November 13, 2006, the City received Statements of Qualifications from fifteen firms in response to the City's Request for Qualifications for the Preliminary Design Services for the Sports Village, Bakersfield, California. On December 15, 2006, the City issued a Request for Fee Proposal for Architectural and Engineering Services for the 40 Acre Baseball Park to the pre-qualified consultants for Preliminary Design Services for the Sports Village. On January 17, 2007, the City conducted interviews with five qualified firms: CMX Sports, Moore lacofano Goltsman, Inc., RJM Design Group, Inc., RRM Design Group, and the HLA Group. These firms were then ranked according to their qualifications, interview presentations, and technical proposals. The Selection Committee, consisting of six City staff representing Recreation & Parks Department and Public Works Department, recommends award to CMX Sports based on their combination of qualifications and fee proposal being the most favorable to the City. <n' design engr) February 16, 2007, 10:56AM G:\GROUPDA T\ADMINRPT\2007\02-28\Design Consultant Agreement 40 Acre park. doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: 11.. ~. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 1, 2007 . APPROVED DEPARTMENT HE~1il (.L CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Arvin-Edison Water Storage District - License To Enc~ Way, Madison Street Bridge. (Ward 1) RECOMMENDATION: Staff recommends approval of the license agreement. BACKGROUND: In order to provide sewer service to the area east of Union Avenue and south of Panama Lane, the developer of Tract 6333 (Lennar) is constructing a sewer main in Madison Street that will cross the Arvin-Edison canal. This agreement between the City of Bakersfield and the Arvin-Edison Water Storage District gives the City the right to construct and maintain a roadway (bridge) over the Arvin- Edison canal as well as a sewer main under the canal. Lennar is constructing both the sewer main and the roadway under an improvement agreement. mps February 16, 2007, 10:56AM G:\GROUPDAT\ADMINRPT\2007\02-28\Madison AE License.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \ TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 20, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED V'? tC /J( J SUBJECT: Amendment No. 1 to Fiscal Year 2006/2007 Consultant's Agreement No. CA06-022 with Bragg & Associates, Inc., for handling liability claims adjusting and administration services, in a total contract amount not to exceed $80,000. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to Agreement No. CA06-022 BACKGROUND: On June 12, 2006, the City Attorney's Office entered into Agreement No. CA06-022 with Bragg & Associates for the primary purpose of providing adjusting and administration services for catastrophic claims. Due to an increase in the number of liability claims being handled by BRAGG, it is necessary to modify the contract to allow for an increase in the total contract amount by $40,000, not to exceed 80,000, to pay for current claims pending completion of the RPF for claims services. Said amendment will also correct a calendar error within the contract. No additional appropriations of monies are necessary since the amount of compensation is in the current budget. February 20, 2007, 3:06PM S:ICOUNCILlAdminsI06-07 AdminslBragg&AssocAmd 1 AgrCA06-022.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \J... nh. TO: Honorable Mayor and City Council CITY MANAGER FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY DATE: February 16, 2007 SUBJECT: Amendment No. 1 to Agreement 06-211 with Greenfield Housing, L.P. for the of 35 affordable single family rental units of which the City will provide HOM CHDO financial assistance to five housing units and revise the language dealing with project definitions and underwriting terms of the CITY loan and remove the Trust Deed security. (no budgetary action). (WARD 1) RECOMMENDATION: Staff recommends approval. BACKGROUND: On July 16, 2006, the City Council approved an agreement with Greenfield Housing, L.P. for $300,000 in HOME Community Housing Development Organization (CHDO) funds to construct affordable housing units for low income large families in a new 8:t: acre SE subdivision tract south of Fairview Road at the future Outback Drive. CHDO funds are specially earmarked federal funds received by the city that must be provided to qualified community housing development organizations. These funds can be used for the planning and construction of affordable housing by these entities. The Greenfield project is a 35 unit rental project that includes a community room and will cost about $12 M. The project will be owned and operated by a limited partnership controlled by Golden Empire Affordable Housing - GEAHI II. GEAHI is a non profit housing development affiliate of the Housing Authority of Kern County. Last December, GEAHI II, the CHDO and managing partner of Greenfield Housing, L.P., requested an amendment to the City agreement to comply with their primary and secondary lenders underwriting requirements. The original agreement stipulated the CHDO loan to Greenfield Housing, L.P. at 3% interest for five floating single family residential units that must be restricted to low income households. The loan was structured to be repaid from residual receipts and the note was to be secured by a Deed of Trust on the property for a term of 20 years. The CHDO is now requesting that we amend the Agreement to allow the City to be in a subordinate lien position on title and to designate five specific lots (in lieu of five floating lots) as the identified HOME assisted units (up to $60,000 per unit), subject to a City Deed of Trust and Covenants. After reviewing the preliminary title report for the five designated units, staff determined that the City would actually be in a fourth or later secured position due to existing indebtedness secured by earlier deed of trusts from other lending institutions involved with the project. S:\Admins\City Council\City Council Admins 2007\Greenfield Amend NO.1 Admin.doc 2/16/20079:52 AM ADMINISTRATIVE REPORT Page 2 The attached amendment reflects revised language designating five fixed housing units (see attached map), amended definitions for Residual Receipts and HOME Assisted Units, and modified terms of the CITY loan which includes deletion of a deed of trust as the security instrument for the loan. The project will be owned and controlled by an affiliate of the Housing Authority and used for affordable public housing for large families. The funding for the project includes over six sources of financial assistance including USDA, TCAC, Farmworkers Housing Grant, and HUD as primary lenders. These primary financial partners hold trust deed positions up to the fourth position. The City will have an unsecured promissory note. Given the affiliation of the Golden Empire Affordable housing, Inc. with the Housing Authority of the County of Kern and both of these entities long standing history of success with public housing in Kern County, staff views the default risk potential to this project to be minimal for the City. Staff recommends approval of the amendment. S:\Admins\City Council\City Council Admins 2007\Greenfield Amend No.1 Admin.doc 2/16/20079:52 AM ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent ITEM: \;A,. i i . TO: FROM: DATE: Honorable Mayor and City Council \,. ~ Javier Lozano, Human Resources Mana~ I DEPARTMENT HEAD February 20, 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 3 to Agreement No. 00-95 with William Avery & Ass c' tes Inc. for Negotiation and Consultant Services in Employer-Employee Relations or n annual maximum of $41 ,200 including expenses. RECOMMENDATION: Staff Recommends approval of the amendment. BACKGROUND: On February 26, 2006, the City Council approved Mr. Avery's consulting agreement for a one year extension period ending March 1, 2007. Mr. Avery has had a long history with the City (almost 23 years) providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in building positive working relationships between employee labor groups, staff and Council. He also has a unique understanding of the City's labor relations history and knowledge of past labor practices which will be critical as we approach Union negotiations later this year and into early 2008. The cost will remain the same as for 2006; monthly fees of $2,600 per month and a $10,000 maximum reimbursement for travel and lodging fees. This would be an agreement for Negotiation and Consultant Services in Employer-Employee Relations totaling a maximum of $41, 200 for the year. This amendment guarantees Mr. Avery's services and rate from March 1, 2007 to March 1,2008. Staff recommends approval of the agreement. S:\ADMINRPT\Avery 2007-2008 Labor Relations.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \.1. i \. UJ TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED February 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment NO.2 to Agreement No. 05-262 with Jim Alfter Cement Cont acto ($1,200,000.00, revised not to exceed $3,000,000.00) for the annual contract for concrete construction. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On July 6,2005, Council awarded the annual contract for concrete construction to Jim Alfter Cement Contractor in the amount of $900,000.00. On July 19, 2006, Council approved Amendment #1 to the Agreement which added $900,000 to the Agreement and extended it for an additional year. Amendment #2 adds $1,200,000.00 to the Agreement to accommodate the increased levels of work for projects such as curb and gutter installation for Fire Station No.5, parking lot reconstruction for Fire Station No.1 0 and Callaway Drive median island installation. Purchasing Division DW S:\PURCH\ADMIN\AmendmentslJim Alfler Cement Contractor, 05-262 AC for Concrete Construction, February 28, 2007, #2.doc February 15, 2007, 1:19PM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \;)... \(t. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED February 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 04-310 with Kone, Inc. ($20,00 .00, ~evised not to exceed $100,000.00) for elevator maintenance and repair for various City facilities. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 20, 2004, Council awarded a three-year agreement to Kone, Inc. in the amount of $80,000.00 for maintenance and repair of elevators located in various City facilities. The Agreement must be amended to reflect an increase in compensation for maintenance of the elevators in the Borton Petrini Building until the services are re-bid in October 2007. Purchasing Division OW S:\PURCH\ADMIN\Amendments\Kone, Inc., Agreement No. 04-310 AC Elevator Maintenance, February 28,2007, #1.doc February 15, 2007, 11:54AM ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: IJ... II. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director APPROVED February 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 2 to Agreement No. 05-065 with San Joaquin enc and Supply ($200,000.00, revised not to exceed $500,000.00 and extending the term fo one (1) year) for the Annual Contract for Fencing. (City Wide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On February 9, 2005, Council awarded the Annual Contract for Fencing to San Joaquin Fence and Supply, Bakersfield, in the amount of $150,000.00. On March 8, 2006, Council approved Amendment NO.1 adding $150,000.00 and extending the agreement for an additional year. Amendment NO.2 will add $200,000.00 and extend the Agreement for one (1) year under the same terms and unit prices. Extending the Agreement allows the City to continue working with a good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are budgeted within the various City departments to cover this contract amendment. Purchasing Division DW S:\PURCHIADMINlAmendments\San Joaquin Fence and Supply, Agreement No. 05-065 AC Fencing, February 28,2007, #2.doc February 15, 2007, 11 :38AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Bob Trammell, Director Information Services DEPARTMENT HEAD APPROVED CliJ7 February 21 , 2007 CITY ATTORNEY CITY MANAGER SUBJECT: Amendment No. 1 to Agreement No. 06-371 with bd Systems, Computerized Routing Application. (All wards) RECOMMENDATION: Staff recommends approval of the Amendment. BACKGROUND: On November 29, 2006, the City entered into Agreement No. 06-371 with bd Systems regarding development of routing application software which will run in a Microsoft Windows environment. The software will create an optimized route of travel for City employees based on the City's G.I.S. road network. During the time the agreement was being negotiated and finally approved by Council, bd Systems was purchased by SAIC. SAIC, through bd Systems, has requested several minor, technical changes be made to the contract due to the purchase of bd Systems by SAIC. bd Systems will still provide the same services under the agreement. The price and the end product are not affected by these changes. February 21, 2007, 8:30AM S:\COUNCIL\Admins\06-07 Admins\bdsystemsamd1.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \J. nn. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireles the Police Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for a wireless mesh system. BACKGROUND: Invitations to Bid were sent to approximately twenty (20) suppliers for a portable wireless mesh system to be used by the Police Department for surveillance. Two (2) bids were received in response to the solicitation. BIDDER AMOUNT $72,097.74 Casa Moore Audio and Video Bakersfield, California Crime Point, Inc. Camarillo, California $79,847.63 Staff finds the low bid to be acceptable and recommends award of the bid to Casa Moore Audio and Video, Bakersfield, California in the amount of $72,097.74. State grant funds (SLESF) will be used for this purchase. Purchasing Division DW S:\PURCHIADMIN\Wireless Mesh System, 06-07-61. February 28. 2007.doc ADMINISTRA liVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: l.l. 00. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 25, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED f~fl ~/ .. L_- SUBJECT: Accept bid from US Filter ($2,084,114) for four US Filter dewatering cent in the Wastewater Treatment Plant 3 - 2007 Expansion Project (Ward 6). RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: As part of the Wastewater Plant 3 - 2007 expansion project, a significant effort has been made to make the expanded/upgraded Plant odor free. As a result, the existing outdoor sludge solar drying beds will be replaced by an indoor mechanical dewatering process which will aid in making the Plant odor .free. This dewatering process will utilize centrifuges. Because of the critical nature of the centrifuges, it was important to choose a centrifuge that had good references for reliability, support, and efficiency, had low chemical requirements, and was able to remove as much water as possible from the sludge to decrease transportation costs. There are many factors involved in making an appropriate selection, the request for proposal clearly stated that prospective bids would be evaluated not only on initial cost but on operation and maintenance costs over the life of the equipment and references. Bids were received from four different centrifuge manufacturers. The City's design consultant, Parsons Engineering, completed an evaluation of the bids that included initial capital cost, projected annual operating costs (electricity, maintenance, and chemical) for the centrifuges, and references. Two bidders did not comply with the request for proposal because they declined to offer a firm price quote, an appropriate equipment warranty, or performance data and are therefore not listed below. The total present worth cost, as shown below, represents the true cost taking into account both the bid amount and the ongoing annual operation and maintenance costs for the centrifuges. Reference checks for both of the bidders listed below were favorable. Therefore, the lowest "total present worth cost" represents the most favorable bid to the City. Two acceptable bids were received, as listed below: BIDDER BID AMOUNT $2,084,114.00 $1,876,875.00 TOTAL PRESENT WORTH COST $10,773,903.00 $13,429,660.00 US Filter Alfa Laval Staff finds the US Filter bid to be acceptable and recommends award of this bid to US Filter. Sufficient funds are available to cover this purchase. (Ics, P\N ww) February 2, 2007, 11 :13AM G:\GROUPDAT\ADMINRPT\2007\02-28IAdmin Report for US Filter Centrifuges E4K114.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: I . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Better Direct LLC ($77,777.70) for replacement (Citywide) RECOMMENDATION: Staff recommends acceptance of the bid for thirty-seven (37) replacement IBM tablet computers. BACKGROUND: Invitations to bid were sent to approximately one hundred (100) suppliers for replacement tablet computers to be used by various City departments. Five (5) bids were received in response to the solicitation. BIDDER AMOUNT $77,777.70 Better Direct LLC Tempe, Arizona Mlcrogear, Inc. Livermore, California $78,039.39 PC Plus Ltd. Brooklyn, New York Tech Depot Trumbull, Connecticut EDX Information Systems, Inc. Fremont, California . $88,192.74 $94,095.14 $114,904.25 Staff finds the low bid to be acceptable and recommends award of the bid to Better Direct, LLC, Tempe, Arizona in the amount of $77,777.70. Purchasing Division OW S:\PURCH\ADMIN\IBM Tablet Computers, 06-07-72, February 28, 2007.doc Created on 2/15/200711:17:00 AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: I . TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director February 7,2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to D. C. Hubbs Construction ($94,975) to nst ct Guard Rail Improvements, Panorama Drive, from Hale Street to Mount Vernon v. nu (Ward 3). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project will improve traffic safety on Panorama Drive north of Bakersfield College that does not have curb and gutter. In some places the edge of the bluff is less than 5 feet from the traveled way. This guard railing will provide protection from an errant vehicle loosing control and going over the bluff. Funding for this project is from the State Gas Tax Fund. The engineer's estimate was '$121,800. Seven acceptable bids were received on January 18, 2007 as follows: D. C. Hubbs Construction 37306 Vista View Dr. Yucaipa, CA 92399 (Outside City) in amount of $ 94,975.00 M. Bumgamer, Inc. 1175 Greenville Rd. Livermore, CA 94550 (Outside City) in amount of $ 95,115.00 Coral Construction Co. 10780 SW Clutter Rd. Sherwood, OR 97144 (Outside City) in amount of $122,122.00 C & W Construction Specialties, Inc. 2419 Palma Drive Ventura, CA 93003 (Outside City) in amount of $124,134.43 Harris Steel Fence Co., Inc. 8728 So. San Pablo St. Los Angeles, CA 90003 (Outside City) in amount of $131,506.88 Southland Construction 3943 Irvine Blvd., Ste 40 Irvine, CA 92602 (Outside City) in amount of $132,950.00 Rudnick Fence Co. 340 Renfro Rd. Bakersfield, CA 93314 (City) in amount of $144,995.50 February 7,2007, 5:34PM G:\GROUPDAT\ADMINRPT\2007\02-28\Guard Rail Improvements, Panorama Drive, T7K119.doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Consent Calendar ITEM: \a.fl"'. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 20, 2007 APPROVED DEPARTMENT HEAD CITY A TTORNE CITY MANAGER SUBJECT: Reconstruction on Gosford Road from Panama Lane to the Union Pacifi and on Olympia Drive from South Laurel Glen Boulevard to South Half 5 and 6):'/ 1. Accept bid and award contract to Granite Construction ($1,865,838) for Project. .2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay Fund. 3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the Public Works Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriations. BACKGROUND: The project consists of pavement reconstruction on Gosford Road from Panama Lane to the Union Pacific Railroad Tracks and on Olympia Drive from South Laurel Glen Boulevard to South Half Moon Drive. The project is funded predominantly with Proposition 42 Funds. This administrative report also appropriates $150,000 of surplus interest earnings of Vehicle License Fee Receivable Proceeds which must be used for a road resurfacing project. On February 07,2007, five acceptable bids were received as follows: Granite Construction 3000 James Road Bakersfield, Califomia 93308 (County) in the amount of $1,865,838 Griffith Company 1898 S. Union Ave. Bakersfield, California 93306 (City) in the amount of $1,944,408 Papich Construction Company, Inc. 1666 Ramon, Suite D Grover Beach, California 93433 (Out of Area) in the amount of $2,208,906 February 20, 2007, 4:39PM G:\GROUPDA nADMINRPT\2007\02-28\Prop42-Gosford-0Iympia-Recon.doc ADMINISTRATIVE REPORT Maverick Asphalt, Inc. 6900 Meany Ave. Bakersfield, California 93308 (City) in the amount of $2,422,718 Teichart Construction 13281 Golden State Blvd. Kingsburg, California 93631 (Out of Area) in the amount of $2,605,632.80 Additional appropriations beyond the base bid amount is required for design engineering services, construction inspection services, materials testing, potential contract change orders, and other miscellaneous costs. February 20, 2007, 4:39PM G:\GROUPDA T\ADMINRPT\2007\02-28\Prop42-Gosford-Olympia-Recon.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \d-... 5S . TO: FROM: DATE: Honorable Mayor and City Council Javier Lozano, HR Manager ~. ~/ February 6, 2007 . \S DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Reclassification: Programmer Analyst (1 position) to Applications Syste RECOMMENDATION: Staff recommends approval. BACKGROUND: Bob Trammell, Director of Information Technology has requested the reclassification of one Programmer Analyst position to an Applications Systems Supervisor. The incumbent has assumed a supervisory role in managing much of the day-to-day work of programmers to develop the City's expertise in web-based applications and support the Police Department CAD and RMS systems while the current supervisor focuses on HTE and the AS400. The current Applications Systems Supervisor has a uniquely specialized knowledge of the HTE financial system and AS400. In a succession planning effort, the Programmer Analyst to be reclassified has been learning the HTE system to provide backup and uninterrupted support of the system for City staff. The reclassification will recognize the incumbent for the work he is already doing and formalize the supervisory structure. SEIU concurs with the proposed revision. Salary savings have been identified sufficient to cover the increased cost. The reclassification will be presented to the Miscellaneous Civil Service Board at their February 20, 2007 meeting. Om) February 6,2007, 1:37PM S:\ADMINRPT\Recla... progr Analyst to Applications Systems Supv.dot ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 Consent Calendar TO: FROM: Honorable Mayor and City Council APPROVED CITY MANAGER DATE: February 13, 2007 DEPARTMENT HEAD CITY ATTORNEY Javier Lozano, Human Resources Manager SUBJECT: Reclassification: Laborers (3 vacant positions at the City Corporation Yard) to Facility Workers (3) in the Solid Waste Division of Public Works. RECOMMENDATION: Staff recommends approval. BACKGROUND: Sal Moretti, Superintendent in the Public Works Solid Waste Division has requested the reclassification of three vacant Laborers to Facility Workers at the Corporation Yard. The Corporation Yard Laborer's daily duties include making a schedule and routing cart delivery, communicating with customers regarding delinquent payments, retrieving lost or stolen carts, reconciling serial numbers with cart inventory, identifying and prioritizing drop off recycling location collection, lubing trucks, representing the division at special events, taking care of customer complaints, locating and cleaning illegal dump sites, among other duties as necessary. The majority of the Laborer's time on the job is acting independently in the field and without immediate supervision. The variety of tasks, the level of tasks, the degree of independent decision making and judgment, as well as the degree of supervision required, warrants the Solid Waste Division Corp Yard Laborers (3) need to be reclassified into Facility Workers. Salary savings have been identified sufficient to cover the increased cost. This has been approved by the Raul Rojas, Public Works Director as well as Javier Lozano, Human Resources Manager. The reclassification will be presented to the Miscellaneous Civil Service Board at their February 20, 2007 meeting. (mp) S:\Admin Reports - 2007\Laborer to Facility Worker - S.w\Laborers to Facility Workers - S.w..doc ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 Consent Calendar FROM: DATE: Honorable Mayor and City Council Javier Lozano, Human Resources Manage*' DEPARTMENT HEAD February 8, 2007 CITY ATTORNEY CITY MANAGER TO: SUBJECT: Revised Job Specifications: Computer Drafting Technician I and II RECOMMENDATION: Staff recommends approval. BACKGROUND: At the request of the Civil Engineer IV in the Public Works Design Section, the job specifications for Computer Drafting Technician 1/11 have been reviewed and revised. Specifically, the specifications have been updated to reflect current standards. CCAPE concurs with the proposed job specifications revisions. There is no budgetary impact as the salary will remain the same. The revised job specifications will be presented to the Miscellaneous Civil Service Board at their February 20, 2007 meeting. (mp) S:\Admin Reports - 2007\Computer Drafting Technician I & lI.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: 1.1.. "v. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager February 15, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Employee Recruitment and Retention RECOMMENDATION: Staff recommends referral of the issue to the Personnel Committee. BACKGROUND: At the Department Head retreat in late 2006, the issue of recruiting and retaining quality employees was discussed. As noted in the attached materials, we have experienced increasing difficulty in recruiting and retaining good employees as well as doing succession planning for key positions which become vacant due to retirements. This situation is occurring at various levels of the organization and the inability to attract and retain qualified employees can directly impact service levels to the community and delay completion of projects. Staff has developed several documents which describe the challenges we are facing as well as an action plan to address these issues. The action plan includes enhancements to education incentives and reimbursements, a home ownership assistance program for those employees who qualify based on the income criteria for existing federal housing assistance programs, internship and mentoring programs, and modifications to our recruitment efforts to enhance our ability to attract qualified employees. This information has been discussed with affected employee union representatives and shop stewards. Staff recommends referral of this issue to the Personnel Committee. February 16, 2007, 11 :29AM S:\Admin Rpts\2007\Recruitment and Retention 022807.dot JWS:al ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar ITEM: \a. I WW. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director February 21, 2007 APPROVED DEPARTMENT HEAD ~~y .;tl-- CITY ATTORNE~' CITY MANAGER SUBJECT: Authorization of a letter from the City of Bakersfield to Governor Sc wa enegger requesting his support for a fair share allocation of Proposition 1 B Air Quality Mitigation funds ($1 Billion) to the San Joaquin Valley. RECOMMENDATION: Staff recommends approval of letter. BACKGROUND: For years residents have suffered extraordinarily high rates of asthma, acute bronchitis, and similar respiratory illnesses as a result of the poor air quality in the San Joaquin Valley. This letter requests Governor Schwarzenegger's support for an appropriate allocation of air quality mitigation funds for the Valley in the spending plan for Proposition 1 B. These funds would go to accelerated replacement of the goods movement truck fleet in the Valley. It also requests the Governor to give early funding priority to the $1 Billion for air quality mitigation in the overall spending plan for Proposition 1 B. February 21,2007, 3:48PM G:\GROUPDAnADMINRPT\2007\02-28\Prop 1 B.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Hearings ITEM: I~. 0... TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director February 9, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider Resolution ordering the vacation of the 20-F . e alley in Block 7 of Alta Vista Tract South of Bernard Street and West of Inyo Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield wants to sell surplus properties located on the 300 block of Bernard Street, with the Assessors Parcel Number 012-320-08-1. The city owns three small lots on this block. Vacating the 20- Foot wide alley would increase the chance of selling these properties. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. The California Water Service Company has an a-Inch water main in the alley. Pacific Gas and Electric Company has a gas line and an electrical power line in the alley. The City of Bakersfield has a 6" sewer line in the alley. A 20-Foot wide easement over the vacated area is being reserved for public utilities. Notices were also mailed to all adjacent property owners within a 300-Foot radius of the proposed vacating area. Public Works has received no objections from these owners. The proposed vacation is in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on October 31, 2006. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of February 28, 2007, on the proposed vacation. G:\GROUPDA 1\ADMINRPT\2007\02-28\Resolution 1500 Admin-Hearing.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Hearings ITEM: \~. h. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2007 CITY MANAGER SUBJECT: Public Hearing to consider Resolution to use a portion of city property a right-of-way for Burr Street west of Gibson Street. (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield has received a request from Bakersfield River Run RV Park to dedicate additional right-of-way for a cul-de-sac at the easterly terminus of Burr Street. The cul-de-sac is required to improve Burr Street for access to the new River Run RV Park. The City owned property has an existing water tank and booster pump station. The new cul-de-sac required the fence, commercial drive approach and V-gutter to be rebuilt at the developers cost. The City Water Department has reviewed the street plans for this project and after minor changes agreed to all of the changes. Created on 1/17/20071:46:00 PM G:\GROUPDAnADMINRPT\2007\02-28\3715 BURR ST admin.doc ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Consent Calendar -Hearings ITEM: Il.C. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD February 8, 2007 CITY ATTORNEY I CITY MANAGER SUBJECT: Public hearing to consider adoption of Resolution making findings and upd . g t Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay a $2,145 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change to the CIP is recommended at this time. Approved by the City Council and Board of Supervisors in December 2006, and effective February 13, 2007, the fee paid by developers increased from $1,240 to $2,145 per acre to accommodate the recent astronomical increases in land prices and search for suitable habitat lands to acquire for the program. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The permit terminates in year 2014. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report ADMINISTRATIVE REPORT Page 2 provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. The $2,145 per acre fee covers land acquisition costs, program administration, endowments for fencing and maintenance that are tied to the automatic raises by the State. The program is self-supporting and requires no support funds from the city or county. So far over 14,700 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and our agreement. The program has acted to acquire more than 1,550 acres of habitat mitigation land in 2006. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Kern County Board of Supervisors took action to adopt a resolution confirming the current Capital Improvement Plan on January 9, 2007. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. Jeng\ S:\HCP\cap imprv\2007\Adm rept-hcpcip2007.doc February 8, 2007 ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Hearings ITEM: 13. d. TO: FROM: DATE: Honorable Mayor and City Council APPROVED February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Donna L. Kunz, Economic Development Director SUBJECT: Resolution authorizing Levy Affiliated Holdings LLC, or a limited liability com y r limited partnership to be established by Levy Affiliated Holdings LLC, to issue multifamily housing revenue bonds (not to exceed $7.5 million) to be used for acquisition, rehabilitation and development of an 88-unit multifamily rental housing development commonly known as Coventry Apartments located at 3101 Coventry Place. (Ward 7) RECOMMENDATION: Staff recommends adoption. BACKGROUND: The City Council is being asked to adopt a resolution which would approve the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority ("CSCDA") for the purpose of financing the acquisition and rehabilitation of a multifamily residential housing facility located in the City (the "Projecf'). The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the process of financing the proposed Project. Prior to the issuance of bonds the Project will need to receive "private activity bond" allocation from the California Debt Limit Allocation Committee and CSCDA will be required to adopt a resolution which would approve the execution and delivery of certain bond documents that would reflect the terms of the bonds. The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of the jurisdiction in which a project to be financed with "private activity bonds" is situated adopt a resolution approving the issuance of such "private activity bonds" after holding a public hearing which has been noticed in a newspaper of general circulation in such jurisdiction. The City Council is being asked to hold such publiC hearing which has been noticed as required by the Code. The proposed resolution would act as the approval by the "applicable elected representatives" with respect to the proposed Project. The CDLAC application for "private activity bond" allocation for a multifamily housing project requires the inclusion of the approval resolution. If the City Council adopts this resolution, CSCDA will proceed with the submission to CDLAC of an application for "private activity bond" allocation for the purpose of financing the acquisition and rehabilitation of the Project. S:\Admlns\Clty Councll\City Council Admins 2007\TEFRA Hearing for Coventry Apartments.doc 2/14/200712:29 PM ADMINISTRATIVE REPORT Page 2 The City will not be a party to the financing documents. As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. The proposed bonding authority will allow Levy Affiliated Holdings LLC to issue the tax-exempt revenue bonds to help in the financing and/or refinancing of their project and they will be responsible for the repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds. Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must publish a public notice and conduct a hearing to receive input from the publiC on the proposed issuance of these bonds. Any comments received during the public hearing will be given due consideration. The public notice was published on February 11, 2007. S:\Admins\Clty Council\City Council Admlns 2007\TEFRA Hearing for Coventry Apartments.doc 2/15/20072:35 PM ~ 0 ADMINISTRATIVE REPORT II. MEETING DATE: February 28, 2007 AGENDA SECTION: Hearings ITEM: 13. e. February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director SUBJECT: Resolution authorizing Catholic Healthcare West, to issue tax exempt reven bo s (not to exceed $985 million) for financing and/or refinancing the acquisition, cons ruction, improvement and equipping of certain medical facilities known as Bakersfield Memorial Hospital, 420 34th Street, Mercy Hospital, 2215 Truxtun Avenue, and Mercy Southwest Hospital 400 Old River Road, and other health care facilities related thereto, owned and operated by Catholic Healthcare West. (Wards 2 and 5) RECOMMENDATION: Staff recommends adoption. BACKGROUND: Catholic Healthcare West is seeking tax-exempt financing from the California Statewide Communities Development Authority for approximately $985 million. A portion of the net proceeds of the Bonds will be used for the purpose of financing and/or refinancing the construction, expansion, remodeling, renovation, furnishing, equipping or acquisition of the following health care facilities, (a) which are owned and operated by: Catholic Healthcare West, 185 Berry Street, Suite 300, San Francisco, California: (i) Mercy Hospital (Truxtun Campus), a 194-bed acute care hospital facility (with skilled nursing and rehabilitation facilities), located at 2215 Truxtun Avenue, Bakersfield, California, including construction and equ:rPing of the Intensive Care Unit in the Locked Unit, (ii) a medical records warehouse, located at 2129 16 Street, Bakersfield, California, (iii) Mercy Child Care Center, located at 2301 Ashe Road, Bakersfield, California, (iv) Mercy Hospital (Southwest Campus), a 75-bed acute care hospital facility, located at 400 Old River Road, Bakersfield, California, (v) an operations center, housing a home health facility, administrative offices and a warehouse, located at 551 Shanley Court, Bakersfield, California, and (b) which are owned and operated by Bakersfield Memorial Hospital, located at 420 34th Street, Bakersfield, California, an affiliate of Catholic Healthcare West: (i) Bakersfield Memorial Hospital, a 367-bed acute care hospital facility (with skilled nursing, psychiatric and chemical dependency facilities), located at 420 34th Street, Bakersfield, California, including construction and equipping of a 4- story patient tower and approximately 114 beds, demolition of certain facilities, and construction and equipping of related parking facilities and (ii) a 24-bed skilled nursing facility, located at 3600 San Dimas Street, Bakersfield, California. The proposed bonding authority will allow Catholic Healthcare West to issue the tax-exempt revenue bonds to help in the financing and/or refinancing of their project and they will be responsible for the repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds. S:\Admlns\City Councll\Clty Council Admlns 2007\TEFRA Hearing for CHW.doc 2/14120072:35 PM ADMINISTRATIVE REPORT Page 2 Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must publish a public notice and conduct a hearing to receive input from the public on the proposed issuance of these bonds. Any comments received during the public hearing will be given due consideration. The public notice was published on February 11, 2007. S:\Admins\Clty Councll\City Council Admins 2007\TEFRA Hearing for CHW.doc 2/15/20072:36 PM ADMINISTRATIVE REPORT MEETING DATE: February 28,2007 AGENDA SECTION: Reports ITEM: 'S.a.. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager February 23, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Refurbishment of the Entry Monument Signs Located on State Route 99 RECOMMENDATION: City Council determination BACKGROUND: In 1995, the Council's Ad Hoc Economic Development Committee recommended the City adopt the insignia known as the squiggly "B", which identifies the mountains, desert and sky with Bakersfield written underneath it to replace the City's motto, Bakersfield - City of Golden Opportunities. The recommendation was unanimously approved by the City Council. In 2001, the Council approved the design and construction of monument signs to be located at entry points to the city. Two signs were constructed with the squiggly "B" logo and placed at locations entering the city from the north and south on State Route 99. At the June 21, 2006 City Council meeting, Sheryl Barbich, President of Vision 2020, made a formal request for the City Council to officially replace the "squiggle" logo currently used by the City and to adopt the stylized Bakersfield with the leaf design that is incorporated as part of the overall Bakersfield - Life As It Should Be community brand. At the request of Councilmember Benham, the issue was referred to the Community Services Committee to review the feasibility of changing the City's logo to the stylized Bakersfield with the leaf design and to the Public Works Department to provide the Committee a cost analysis of moving the existing north sign to a more advantageous location, versus the cost and related issues for the construction of a new sign. On behalf of Vision 2020 and the Vision Image Committee, Chamber of Commerce PresidenVCEO Debbie Moreno, presented a proposal at the Community Services Committee meeting on July 17, 2006. The request was for the City to replace the current "squiggle" everywhere it is displayed, including all letterhead, brochures, signs, the City website, vehicles, and the monument signs. She stated that the most important change to Vision 2020 would be to redo the monument signs located on State Route Highway 99 at north and south entry points to the city. Ms. Moreno indicated that Vision 2020 would be willing to help raise funds to reface the signs when the City identified the related costs. February 23. 2007, 12:10PM P:\AdminReports&Related\Adm-2007\EntryMonumentSigns-Rev-0221 07.doc AT:RS ADMINISTRA liVE REPORT City Manager Alan Tandy reported that the monument signs are not moveable, so if another location for the north sign was to be considered, it would have to be rebuilt. The most appropriate site for relocating the north sign would be at the future interchange at ih Standard Road and State Route 99. Councilmember Benham recommended that the City not wait several years for consideration of a possible location at the interchange at 7th Standard Road before making a decision on refacing the current sign. She also indicated that more information was needed regarding funding from private sources. Ms. Moreno was asked to bring forward an in-depth indication about funding participation from Vision 2020 and the private sector. Councilmember Sullivan indicated that the squiggle is recognizable to the community and that she would like to explore the possibility of both logos being used. Councilmember Benham recommended the Committee take the following steps at the next meeting: . Motion to recommend to the Council that the City adopt the new Bakersfield logo with the leaf, accompanied by staff reports on how it could be phased in over time; . Discuss the Committee recommendation regarding use of the tagline, "Life As It Should Be", when appropriate; . The monument signs would be a separate concept for review, with key issues being the location, cost participation from the private sector, and design. At the December 7, 2007 Community Services Committee meeting, staff presented several options for site improvements at the current locations for the existing entrance monument signs and options for changing the graphics on the face of the signs. Debbie Moreno, representing Vision 2020, expressed that the site improvements should be financed by the City, but Vision 2020 would be willing to do fund-raising to upgrade the signs. However, before making a commitment to proceed, they would need to know the Council's decision on the design and the cost to upgrade the signs. Ms. Moreno stated that Vision 2020 does not wish to participate in fund raising for refurbishment of the signs if the current squiggle is retained in the design. Because changing both entry signs is a significant issue of interest to the Council and the citizens of Bakersfield, Councilmember Carson suggested it be forwarded to the Council for discussion and more public input. Council member Sullivan expressed that she would like the Committee to consider an option to upgrade the entry signs that would keep the current "squiggle" design. She requested staff to provide a new updated graphic design with the "squiggle". Council member Benham recommended that the Committee defer consideration of Vision 2020's proposal for incorporating the proposed new logo on City letterhead and other uses. The Committee approved her motion to forward to the Council: 1) a design option, which would consist of background graphics painted on aluminum panels and the stylized Bakersfield with a leaf design logo mounted as illuminated channel letters and; 2) a new graphic design using the "squiggle", per Councilmember Sullivan's request to staff. February 23.2007, 12:30PM P:\AdminReports&Related\Adm-2007\EntryMonumentSigns-Rev-022107 .doc AT:RS ADMINISlRA liVE REPORT Summarv City Council decisions are needed on the following: 1) Does the City Council want to invest in the landscaping / site improvements at one or both of the . entry sign locations? Please remember that the north sign is, effectively, temporary, and that it will likely be rebuilt at a location in the vicinity of the 7th Standard Road and State Route Highway 99 in approximately 3 years. Site ImDrovements South Monument Sign: 1 . Add two very high wattage lights for daytime illumination to bring attention to the sign 2. Add additional landscaping behind sign to provide additional "framing of sign" and to screen the back side of the sign Sub-Total for South Sign: North Monument Sign: 1. Add two very high wattage lights for daytime Illumination to bring attention to the sign 2. Upgrade shrub bed 3. Installation of mature landscaping behind sign to partially block view of existing storage facility Sub-Total for North Sign: Total Cost of Site Improvements $ 1,500.00 6.000.00 $ 7,500.00 $ 1,500.00 20,000.00 40.000.00 $ 61,500.00 $ 69,000.00 Note: The north sign will be rebuilt at the 7th Standard Road and State Route Highway 99 interchange in approximately 3 years. In order to screen the storage facility in the background, mature trees, which are very expensive, would have to be planted to have the desired height and impact. Given the high cost and the risk that the trees would not survive, staff discourages the planting of mature landscaping at the north location. Staff recommends that the costs for the site improvements at both locations be provided from the Council Contingency Fund. The recommendation is for the $7,500.00 in expenses for the lighting and landscaping at the south sign and the $1,500.00 for the lighting at the north sign. The $20,000 for the temporary shrubbery and $40,000.00 for mature landscaping at the north sign can be added from this source if the Council so desires. February 23, 2007. 12:30PM P:\AdmlnReports&Related\Adm-2007\EntryMonumentSigns-Rev-0221 07 .doc AT:RS ADMINISTRATIVE REPORT 2) Does the City Council wish to change the two monument entry signs? If so, two proposed options from the members of the Community Services Committee are as follows: Sian Face Options Please note that the following cost estimates are preliminary, as they were developed under a very compressed time frame. Options 1 a. and 1 b. have been forwarded by Councilmember Benham Option 1 a: Aluminum Panel Surface with Painted Background and New Logo in Channel Letters on both signs Option 1 b: Aluminum Panel Surface with Painted Background and New Logo in Painted Letters on Both Signs $ 92,200.00 $ 52,200.00 Note: Vision 2020 representatives have indicated they will raise funds for the sign refurbishment if Alternates 1a or 1b are selected by the Council, but the precise amount they can raise has yet to be finalized. The type of lettering used would be dependent on the amount raised. Options 2a. and 2b. have been forwarded by Councilmember Sullivan Ootion 2a: Stucco Surface with Squiggle and New Logo in Channel Letters on both signs $ 64,200.00 Option 2b: Stucco Surface with Squiggle and New Logo in Flat Painted Letters on both signs $ 35,200.00 Note: Vision 2020 does not wish to participate in the costs for Option 2a or 2b, as those versions incorporate the use of the squiggle. If the Council selects one of these options, staff recommends payment of this expense from the Council Contingency Fund. Visual descriptions to refurbish the signs under the proposed options are attached. February 23,2007. 12:30PM P:\AdminReportS&Related\Adm-2007\EntryMonumentSlgns_Rev_0221 07 .doc AT:RS ADMINISTRATIVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Reports ITEM: 15. b. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 14, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Report on Proposed Financing Plan for the Wastewater Plant Upgra Expansion Project. RECOMMENDATION: Staff recommends acceptance of the Report. BACKGROUND: City staff has been working for many months with both a design team (Parsons) and a financing team regarding the Wastewater Plant # 3 expansion project. The proposed project, which will double the capacity of plant #3, also includes certain upgrades to both Plant #2 and #3 for odor control and other needed improvements to the Sewer Enterprise. The Budget and Finance Committee received a preliminary report on the financing plan at their March 8, 2006 meeting, which included a comprehensive rate survey for sewer services. This evenings report to the full City Council will include an updated rate survey along with a more detailed plan regarding the size and structure of the impending Bond Financing. Staff and bond consultant will provide a presentation with hand out materials. February 14, 2007, 11:04AM S:\AdminlAdmin Reports\sewer finance plan.doc ADMINISlRA liVE REPORT MEETING DATE: February 28, 2007 AGENDA SECTION: Deferred Business ITEM: 16a TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER February 23, 2007 SUBJECT: South Mill Creek Plaza Maya Cinema Complex 1) Amendment No.2, to Agreement No. 04-002 with D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the completion date for the construction of the project to December 31, 2008. 2) Amendment No.2 to Agreement No. 04-003 with and D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the Joint Use Parking Agreement. (Ward 2) RECOMMENDATION: Staff recommends approval subject to development performance. BACKGROUND: This project originated in early April 2000, under significantly different circumstances. The original plan called for the development of a cinema, a community sports facility, 220 units of senior citizen housing, an athletic club, sports bar and 65,000 sq. ft. of retail and restaurants. The plan also called for the City to develop a new multipurpose stadium. An extraordinary effort was placed on public participation throughout the early stages of the project planning. The developers and staff participated in Ad-Hoc Committee meetings, Redevelopment Agency Public Hearings. The Redevelopment Agency established a Financial Oversight Committee and an Architectural Review Committee to review the designs and finances of the developer. The development plans were also presented to a variety of community groups throughout the City. In early 2001, the 180 unit senior housing component was reassigned by the developer to another development firm. The new development firm secured Low Income Housing Tax Credits for the financing and the senior housing project was completed in late 2004. On March 28, 2001, the City Council and Redevelopment Agency conducted a joint special meeting for approval of a Disposition and Development Agreement for the City Center Project. The terms of the negotiations with Ray P. Olmscheid and others ('the Developer") were memorialized in a Disposition and Development Agreement ("the DDA") at that meeting. S:\Admlns\Clty Council\Clty Council Aclmlns 2oo7\Amend #2 to both Maya agreements.doc 2/23/20079:51 AM ADMINISTRATIVE REPORT Page 2 The City Council later approved a Joint Use Parking Agreement and a Contract to Sell Real Property Agreement on January 14, 2004 to facilitate the redevelopment project and increase the attractivenr to potential lenders for financing. Both agreements were subsequently amended on May 26, 2004 bas\:.._ on prospective lender requirements and to allow the City Manager authority to grant extensions if needed for project construction completion from December 31, 2005 to December 31, 2006. The theater industry on a national basis went into financial restructuring with many smaller facilities filing bankruptcy. Unfortunately, there was no commercial financing available to develop movie theaters across the country for a period of about four years. This situation has recently changed for the positive and is evidenced with many new megaplex theaters under development in California and nationally. The developers, with significant personal investment in the project did not abandon their commitment to complete a downtown entertainment project. The scope of the project has been reduced to include the sixteen screen theater and about 23,000 square feet of retail and commercial space. Recently, the developer secured a commitment letter for a mini-permanent loan from United Commercial Bank (UCB) for about 70% of the estimated development costs and the loan will be carried through the project rent up time until stabilization. The investment group which includes Mr. Dennis Sivers as the primary investor has agreed to contribute any additional capital requirements to complete the development plan. The project development is expected to cost about $32 million. Successful redevelopment of this area with this proposed use will have several significant impacts to the City, Redevelopment Agency and community. Several positive factors to note include: . The market. study prepared for the theater operations indicates a serious shortage of cinema screens for the city and this project will add an additional 16 state of the art theaters in the downtown area. In addition, over $1 million in annual ticket sales is expected. . The Theater development will generate annual tax increment of approximately $208,000 to the Southeast Redevelopment Project Area when completed. . The Theater development will create 60 full time permanent jobs in the Southeast Redevelopment Project Area. Most will be filled from residents of the Southeast and East Bakersfield areas. Many of the jobs will be available for youths. Currently, the operator of the theater has a program in the Salinas Theater to financially reWard youth employees for their educational accomplishments. . The Theater development will be a large destination anchor and a community amenity within the entertainment complex, spurring additional development of the area, especially assisting in the development of South Mill Creek Village and Mill Creek. . The design and integration of various retail types, entertainment and sports facilities along with multiple kiosks will create a synergistic and vibrant environment to compliment the existing Bakersfield Ice Sports and McMurtrey Aquatic Center generating increased attendance at these venues as well. . The Developer has significant investment in land acquisition, demolition of structures and relocation of The Assistance League. The site is properly zoned and the project is ready to commence. . The primary investor has significant financial capacity and has agreed to contribute any additional capital requirements to complete the development plan S:\Admins\Clty Council\City Council Admlns 2oo7\Amend #2 to both Maya agreements. doc 2/23/20079:51 AM ADMINISTRATIVE REPORT Page 3 THE PROJECT DESCRIPTION: The proposed project will be a 61,000 sq. ft. state of the art 16 screen multiplex cinema featuring 23,000 sq. ft. of entertainment related retail and restaurant space. The project will be located on the north side of Califomia Avenue between "N" Street and "p"rQ" Street just south of the Rabobank Arena Theater and Convention Center in the Southeast Redevelopment Project Area. The development will cost approximately $32 million and will take 24 months to construct and stabilize. An updated joint use parking study has been completed, indicating sufficient parking for the planned use, development financing has been secured and required private equity committed. This Amendment No. 2 to Agreement No. 04-002 before you is a request that the City Council extend the construction completion date of the project to December 31,2008. The project is envisioned as a self-sustaining master planned mixed-use development that includes a "main street" which will be anchored by the multiplex cinema. The main street will feature a pedestrian friendly boulevard. that will have gathering places, water features, overhangs and major landscaping. The cinema and its 50' high marquee will swerve as the projects primary landmark. The streetscape will include retail and restaurants. The design and integration of various retail types, entertainment and sports facility along with multiple kiosks will create a synergistic and vibrant environment to complement the downtown area. The proposed project will be a major factor in reducing blight and will provide the Southeast Redevelopment Project Area with another anchor along the Califomia Avenue corridor. There Is minimal retail and restaurant competition for the development in the Immediate area, and it will draw people from other areas of the city, create additional jobs, and become the catalyst for additional development. 'The developer has recently completed a 14 screen theater project of similar nature in Salinas Califomia Staff contacted the Salinas Redevelopment Director and inquired whether the project met the City's expectations and if it would be considered a success for their downtown. Salinas city officials indicated that the project was a key redevelopment project and had proved to be an economic development generator for the area, spurring the investment of several new restaurants in the near vicinity. They were also pleased that the theater served multi uses including graduation ceremonies and receptions. The RDA Director credits the completion of the project to Mr. Olmscheid's ability to "pull the project together," and spOke very positively regarding Mr. Olmscheid's thorough understanding of what it takes to complete such a project. The project took three years to complete from start to finish. An updated joint use parking study has been completed, development financing has been secured and private equity committed. The Amendment No.2 to Agreement No. 04-003 for the Joint Use Parking Agreement before you is to request that the City Council extend the term to commence upon Sivers' receipt of a certificate of occupancy from the City of Bakersfield's building department allowing occupancy of the movie theater to be constructed on Sivers' property and shall be effective for twenty (20) years with two (2) five year options for renewal. The City Manager and Staff will work closely with the developer to assure the development timeline is followed. Staff recommends approval of the amendment to extend the completion date for the construction of the project to December 31, 2008 and for authorization for the City Manager to cancel the agreement for non-performance if necessary or make minor modifications to the agreements as deemed necessary to facilitate completion of the development schedule and the project. S:\Admlns\C1ty Council\City Council Admlns 2oo7\Amend #2 to both Maya agreements. doc 2/23/20019:51 AM BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 7,2006 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, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan (seated at 5:17 p.m.), Scrivner Absent: Vice-Mayor Hanson 2. PUBLIC STATEMENTS None. 3. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 17,2007 Special and Regular City Council Meetings. Payments: b. Approval of department payments from January 5, 2007 to January 25, 2007 in the amount of $14,068,121.04 and self-insurance payments from January 5, 2007 to January 25, 2007 in the amount of $287,604.55. ASS WEIR 3. Bakersfield, California, February 7,2007 - Page 2 CONSENT CALENDAR ACTION TAKEN Ordinances: c. Adoption of Ordinance amending Municipal Code Sections 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 516 consisting of 25.94 acres located north of Kern Canyon Road generally east of Morning Drive to Ward 3, Annexation No. 504 consisting of 1.08 acres located north of Snow Road east of the Friant-Kern Canal and west of Calloway Drive to Ward 4, Annexation No. 500 consisting of 80.65 acres located generally south of Panama Lane west of Old River Road and Annexation No. 511 consisting of 78.83 acres located at the northeast corner of McCutchen Road and Buena Vista Road to Ward 5 and Annexation No. 508 consisting of 43.39 acres located at the southeast corner of McCutchen Road and Ashe Road to Ward 6. ORD 4407 ASS WEIR d. Adoption of Ordinance amending Title 17 of the Municipal Code and Zone Map NO.1 03-25 by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on .33 acre located at 7400 Niles Street approximately .5 mile west of Morning Drive. (ZC 06-1766) (Applicant: M S Walker & Associates, Inc.lProperty Owners: Eliseo Jara, Jr., H. Susan Barnett and Michael S. Walker) ORD 4408 Resolutions: e. Resolution approving the submittal of an application to the California Integrated Waste Management Board for the Waste Tire Cleanup Grant for a period of one year (2006-2007). 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 the abatement of weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution dispensing with bidding under Section 3.20.060 of the Municipal Code for design! build method for power conversion at the S. Mt. Vernon Green Waste Recycling Facility. RES 012-07 f. RES 013-07 g. RES 014-07 Bakersfield, California, February 7,2007 - Page 3 3. CONSENT CALENDAR continued ACTION TAKEN h. Resolution opposing the list of projects RES 015-07 recommended by the State Department of Transportation for the 2006 SR 99 Bond Program. i. Resolution approving application proposing RES 016-07 proceedings for annexation of uninhabited territory to the City identified as Annexation No. 552 consisting of 2.45 acres located on the north side of Brimhall Road, west of Calloway Drive. j. Resolution adding territory, Area 4-67 RES 017-07 (Morning/Paladino NW) to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. k. Resolution adding territory, Area 1-67 RES 018-07 (Brimhall/Calloway NW) to the Consolidated Maintenance District, confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. I. Resolution of Intention No. 1500 to order the RO/1500 vacation of the alley in Block 7 of Alta Vista Tract, south of Bernard Street and west of Inyo Street. m. Resolution of Intention No. 1501 to add territory, RO/1501 Area 3-61 (Akers/lronrock SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1502 to add territory, RO/1502 n. Area 3-62 (Mountain Vista/Berkshire NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Resolution of Intention No. 1503 to add territory, RO/1503 Area 4-68 (Panorama/Rivani NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 3. Bakersfield, California, February 7,2007 - Page 4 CONSENT CALENDAR continued ACTION TAKEN p. Resolution of Intention No. 1504 to add territory, Area 4-69 (Union/E California NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1505 to add territory, Area 4-70 (CollegeNalencia SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1506 to add territory, Area 5-31 (Pacheco/Cottonwood NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1507 to add territory, Area 3-63 (Harris/Old River SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1508 to add territory, Area 5-32 (Hosking/Shannon SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1508 RO/1504 q. RO/1505 r. RO/1506 s. RO/1507 t. Agreements: u. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Fairways at Riverlakes, L.P. for Tract 6050 Phase III located at the southwest intersection of Norris Road and Coffee Road. Final Map and Improvement Agreements with Frontier Ranch, LLC for Tract 6364 Phase 3 located at the northeast corner of Reina Road and Renfro Road. AGR 07-032 AGR 07-033 AGR 07-030 AGR 07-031 2. v. Agreement with Bob Hooper ($40 monthly fee) for purposes of constructing an aircraft storage hangar. Agreement with Pacific Gas and Electric ($194,893.75) to purchase 97 streetlights. AGR 07-034 w. AGR 07-035 Bakersfield, California, February 7,2007 - Page 5 3. CONSENT CALENDAR continued ACTION TAKEN x. Environmental Impact Report Processing: 1. Agreement with Land Consulting Services, AGR 07-036 Inc. (not to exceed $100,000) to assist the Planning Division staff with processing Environmental Impact Reports. 2. Appropriate $100,000 developer's contribution to the Development Services operating budget. y. Agreement with KSA Partners (not to exceed REMOVED FOR $850,000) for HOME Investment Partnership SEPARA TE (HOME) funds to develop 72 affordable family CONSIDERA TION apartments at 1601 Lotus Lane. z. Assignment of Regional Surface Transportation Program (RSTP) funds: 1. Agreement with City of McFarland (payment AGR 07-038 of $277,940 to acquire $427,600 of RSTP funds) for assignment of RSTP funds. 2. Transfer $277,940 from a Public Works Department's Capital Improvement Budget (Resurfacing-Engineering) within the Capital Outlay Fund to fund this agreement. 3. Appropriate $427,600 RSTP funds to the Public Works Department's Capital Improvement Budget within the ISTEA fund for street resurfacing projects. 4. Transfer $55,400 from two Public Works Department's Capital Improvement Projects (Guardrail Improvement Coffee and Reconstruct Various Streets 2005-06) and appropriate $55,400 as the local match for the assigned RSTP funds within the Gas Tax Fund. aa. Management Agreements: 1. Agreement with SMG for managing and booking services at Bright House Networks Amphitheatre. Amendment No. 1 to Agreement No. 03-098 with SMG regarding management of Convention Center, Arena and Ice Rink. AGR 07-039 AGR 03-098(1) 2. Bakersfield, California, February 7,2007 - Page 6 3. CONSENT CALENDAR continued ACTION TAKEN bb. Amendment No. 1 to Agreement No. 05-285 with AGR 05-285(1) Mountain View Bravo, LLC for Assessment District No. 05-1 (City in the Hills) to allow developer to receive bond proceed reimbursements for construction improvement sooner than the existing 90 day requirement. cc. Amendment NO.1 to Agreement No. 04-053 (CA AGR 04-053(1) 03-015) with Duane Morris ($10,000 total not to exceed $60,000) for outside legal services in the matter before the California Public Utilities Commission relating the railroad crossing in the City. Bids: dd. Accept bid to award contract to A. C. Electric AGR 07-040 ($113,847) for traffic signal lighting installation on Panama Lane at Buena Vista Road. ee. Traffic signal and lighting system installation on Allen Road at Palm Avenue: 1. Accept bid and award contract to A-C AGR 07-041 Electric ($144,185.65) for project. 2. Transfer $196,000 from the Public Works Department's Capital Improvement Project (Miscellaneous Transportation Construction) to this project within the Transportation Development Fund. ff. Accept bid from Hi Standard Automotive ($100,163.56) for Iightbars and sirens. Motion by Councilmember Couch to approve Consent Calendar items 3.a. through 3.ff., with the removal of items 3.y. for separate consideration. APPROVED AS HANSON y. Agreement with KSA Partners (not to exceed $850,000) for HOME Investment Partnership (HOME) funds to develop 72 affordable family apartments at 1601 Lotus Lane. AGR 07-037 Motion by Councilmember Carson to approve item 3.y. APPROVED AS HANSON Bakersfield, California, February 7,2007 - Page 7 4. . CONSENT CALENDAR HEARINGS a. General Plan Amendment/Zone Change No. 06- 2022; Mel Heinemann, representing himself, Jack & Nuha Haddad and the City (property owners) has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest corner of E. Planz Road and Washington Street (future) and on approximately 40 acres located at the southeast corner of Cottonwood Road and E. Berkshire Road (future). 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres. General Plan Amendment/Zone Change No. 05- 1887; Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad (property owners) has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). REMOVED FOR SEPARA TE CONSIDERA TION ACTION TAKEN REMOVED FOR SEPARA TE CONSIDERA TION b. 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD (Planned Unit Development) on 39.29 acres. CONSENT CALENDAR HEARINGS continued c. General Plan Amendment/Zone Change No. 06- 0940; Mcintosh & Associates representing Mountain View Bravo, LLC (property owner) has applied for a general plan amendment and zone change on approximately 47.25 acres located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive and west of Canteria Drive. 4. Bakersfield, California, February 7,2007 - Page 8 ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) and LR (Low Density Residential) to LMR (Low Medium Density Residential) on 47.25 acres. RES 019-07 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 104-17 and 104-20 from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family Dwelling) to R-2/PUD on 9.51 acres. FR d. General Plan Amendment/Zone Change No. 06- 0668; Joseph Gergen, representing Church of Christ of East Bakersfield (property owner) has applied for a general plan amendment and zone change on approximately 6 acres located along the north side of Bernard Street approximately 900 feet west of Oswell Street. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HR (High Density Residential) to HMR (High Medium Density Residential) on 5 acres and MC (Major Commercial) to HMR on one acre. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 103-22 from PUD (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 5 acres and R-1-CH (One Family Dwelling/Church Combining) to R-2 on one acre. RES 020-07 2. FR Bakersfield, California, February 7,2007 - Page 9 4. CONSENT CALENDAR HEARINGS continued ACTION TAKEN e. General Plan Amendment/Zone Change No. 06- 0544; Third Day Investments Group, LLC, representing themselves, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services, Inc. (property owners) has applied for a general plan amendment and zone change on 10 acres located on the west side of Vineland Road, north and south of Panorama Drive. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 10 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 104-18 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10 acres. f. General Plan Amendment/Zone Change No. 06- 0961; Sikand Engineering, representing Sky 21, LLC and Northeast 21 Ventures, LLC (property owners) has applied for a general plan amendment and zone change on 634~ acres generally located east of Kern Canyon Road (Highway 184) approximately 1 ~ miles north of Breckenridge Road, between the future extension of Edison Road on the west and Comanche Drive to the east. 1. RES 021-07 2. FR 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPA/ZC No. 06-0961. RES 022-07 Bakersfield, California, February 7,2007 - Page 10 ACTION TAKEN 4. CONSENT CALENDAR HEARINGS continued Item 4.1. continued 2. Resolution adopting the general plan amendment changing the land use designations from OS (Open Space), ER (Estate Residential), R-MP (Resource- Mineral Petroleum) and SR (Suburban Residential) to HR (High Density Residential) on 45 acres, HMR (High Medium Density Residential) on 275 acres, and LR (Low Density Residential) on 124 acres and a General Plan Circulation Element Amendment to re-align an arterial street (Masterson Street/Edison Road) and re-align a separate collector street (Chase Avenue). First Reading of Ordinance amending Title 17 of the Municipal Code and amending Zone Map NO.1 04-21 from RH (Residential Holding) to R-1/PUD (One Family Dwelling/Planned Unit Development) on 217 acres, R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 326 acres and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 91 acres. RES 023-07 3. FR g. General Plan Amendment/Zone Change No. 06- 1018; Cal-Kern Development III, LLC has applied for a general plan amendment and zone change on 41 acres located on the north side of Morning Drive approximately ~ mile north of the Paladino Drive/Morning Drive intersection. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from OS-S (Open Space- Slopes) and R-MP (Resource-Minerals & Petroleum) to LR (Low Density Residential) on 41 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zone Map No. 104-07 from A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 20.5 acres. RES 024-07 2. FR Bakersfield, California, February 7,2007 - Page 11 ACTION TAKEN 4. CONSENT CALENDAR HEARINGS continued h. Public Hearing to consider an appeal by James B. Wiens, Clifford and Brown, representing Mr. & Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr, of the Planning Commission decision approving request by Marino and Associates, representing Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. 1. First Reading of Ordinance denying the appeal and adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zone Map NO.1 04-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Road. FR i. General Plan Amendment/Zone Change No. 06- 1692; Adavco, Inc., representing Bidart Brothers, LLC (property owner) has applied for a general plan amendment and zone change on approximately 39.41 acres located on the north side of Etchart Road, between Calloway Drive and Coffee Road. j. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 39.41 acres. RES 025-07 First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 102-05 from E (Estate Residential) to R-1 (One Family Dwelling) on 39.41 acres. General Plan Amendment/Zone Change No. 06- 1014; The Lusich Company, representing Old River Road, LLC (property owner) has applied for a general plan amendment and zone change on approximately 99.5 acres located north of McCutchen Road between Old River Road to the west and Progress Road to the east. FR 2. REMOVED FOR SEPARTA TE CONSIDERA TIOH Bakersfield, California, February 7,2007 - Page 12 4. CONSENT CALENDAR HEARINGS continued Item 4.j. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 99.5 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 123-29 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres. k. General Plan Amendment/Zone Change No. 06- 0535; Dave Dmohowski, representing John Bianchi (property owner) has applied for a general plan amendment and zone change on approximately 21.5 acres located at the northeast corner of Taft Highway and Buena Vista Road. I. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 16.5 acres and OC (Office Commercial) on 5 acres. RES 026-07 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zone Map No. 123-31 from A (Exclusive Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres. FR General Plan Amendment/Zone Change No. 05- 1947; Banducci Land, LLC (property owner) has applied for a general plan amendment and zone change on approximately 46 acres located at the northwest corner of Gosford Road and McKee Road (future). An appeal of the Planning Commission decision was submitted by Brent Dezember. CONTINUED TO NEXT GPA CYCLE Bakersfield, California, February 7,2007 - Page 13 4. CONSENT CALENDAR HEARINGS continued Item 4.1. continued ACTION TAKEN 1. Resolution approving the Negative Declaration, upholding the appeal modifying conditions of approval and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 46 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on approximately 46 acres. m. General Plan Amendment/Zone Change No. 06- 0938; Mcintosh & Associates for Centex Homes, representing Tommye Joe Baroncini (property owner) has applied for a general plan amendment and zone change on 20 acres located at the southeast corner of Taft Highway and Ashe Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to LMR (Low Medium Density Residential) on 20 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 142-03 from R-S-20A (Residential Surburan-20 acres minimum) to R-2 (Limited Multiple-Family Dwelling) on 20 acres. RES 027-07 2. FR City Clerk McCarthy announced correspondence as received from the California Department of Conservation, RBF Consulting and Guimarra Vineyards regarding item 4.f. and from Banducci Land regarding continuance of item 4.1. and the waiver of the time limits of such continuance. Bakersfield, California, February 7,2007 - Page 14 4. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Consent Calendar Hearings opened at 5:23 p.m. Gordon Nipp, on behalf of the Sierra Club, requested items 4.a. and 4.j. be removed for separate consideration. Mayor Hall announced the removal of item 4.a. for separate consideration would precipitate the same action for item 4.b. Motion by Councilmember Couch to approve items 4.c. through 4.i. and items 4.k. through 4.m., with items 4.a., 4.b. and 4.j. removed for separate consideration. APPROVED AS HANSON 5. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(C) of Government Code Section 54956.9 - Claim of Caden Waskom. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. DKS Investments, LLC, et al v City 2. John M. Tarabino, et al v City, et al c. Conference with Legal Counsel - Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (4 issues) Motion by Councilmember Couch to adjourn the meeting to Closed Session at 5:25 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 7:25 p.m. APPROVED AS HANSON APPROVED AS HANSON, WEIR RECONVENED MEETING - 7:29 p.m. 6. ROLL CALL Present: Mayor Hall, Council members Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: Vice-Mayor Hanson Bakersfield, California, February 7,2007 - Page 15 ACTION TAKEN 7. INVOCATION by Reverend Don Vereen, Lighthouse Christian Ministries and Lt. Governor of Kiwanis Division 33. 8. PLEDGE OF ALLEGIANCE by Bethany Dominguez, Kindergarten Student at Virginia Avenue School. City Manager Tandy introduced the new Assistant City Manger, Christine Butterfield. 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Kimberly McGee, President of Kiwanis of Bakersfield, proclaiming February 13, 2007, as Kiwanis Club of Bakersfield Day. b. Presentation by Mayor Hall of Proclamation to Janice Horcasitas, President, American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 18-24, 2007, as National Engineers Week. 10. CLOSED SESSION ACTION a. A TTORNEY GIVEN DIRECTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(C) of Government Code Section 54956.9 - Claim of Caden Waskom. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. DKS Investments, LLC, et al v City 2. John M. Tarabino, et al v City, et al c. Conference with Legal Counsel - Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (4 issues) A TTORNEY GIVEN DIRECTION ASS WEIR AS HANSON Mayor Hall announced Councilmember Wier excused himself from Closed Session due to a conflict of interest on item 10.b. Regarding item 5.a., City Attorney Gennaro announced the City Council, with Vice-Mayor Hanson absent, authorized the City Attorney to settle the claim of Caden Waskom in an amount not to exceed $85,000. Bakersfield, California, February 7,2007 - Page 16 10. CLOSED SESSION ACTION continued ACTION TAKEN Regarding item 5.c. City Attorney Gennaro announced the City Council, with Vice-Mayor Hanson absent, gave direction to the City Manager as well as the City Attorney, and unanimously adopted a policy statement that Councilmember Couch, as Chairman of the Water Board will read. Councilmember Couch: "This is a statement of position of the Bakersfield City Council concerning contested water issues, and it is dated today, February 7, 2007. The City of Bakersfield and North Kern Water Storage District have a dispute over water rights emanating from a 1952 agreement. As a related issue, the City of Shaffer has initiated urbanization of a part of the North Kern area relying upon North Kern's version of who owns the water rights. In an attempt to resolve the dispute, at Bakersfield's request, the parties agreed to go to non-binding mediation over the issue of the differing legal opinions about the water rights. Bakersfield prevailed on all issues in that mediation, most importantly that water used for irrigation is equated as an agricultural use, and that underground water retains its character as agricultural use. The long term value of the issue in question could be identified for discussion purposes at $3,000,000 plus or minus, or an annual value conversion of the total quantity of water involved is $160,000 plus or minus acre feet per year. The portion proposed for use in the Shaffer development is 12,000 acre feet per year. The City of Bakersfield's position is as follows: . First, Bakersfield will not object to a water plan by Shaffer which is based on a new legitimate water supply source that does not include a real or actual use of the contested water. The verification approved by Shaffer just yesterday, February ft', however does not meet that test. . Second, Bakersfield remains willing to enter into good- faith negotiations with North Kern on an amendment to the 1952 agreement which would allow for sale of the contested water for urban use. If successfully negotiated that would resolve the Shaffer issue. We will work diligently to that end if North Kern and Shaffer so desire. Bakersfield, California, February 7,2007 - Page 17 10. CLOSED SESSION ACTION continued ACTION TAKEN . Third, Bakersfield must protect the interest of our taxpayers, so we cannot approve, or allow to be approved, a water verification plan for Shaffer which would result in a real or actual use of the contested water, which is precisely what the approved verification does. . Fourth, intervention by Shaffer into Bakersfield's developments, which are in no way related to the water supply issue for Shaffer's proposed development, will not cause the Bakersfield to concede on the water issue. It will instead only result in long-term litigation that will stall quality developments in the City of Shaffer and the City of Bakersfield for many years,. and only serves to damage innocent third parties. . Lastly, Bakersfield prefers a conciliatory and business- like resolution to all issues which does not involve litigation. We will continue to work toward that goal. We invite the City of Shaffer to join us in that effort. We believe that working together we can accomplish a positive result for all parties involved. Given the importance of water to California cities and its value, however, the ownership of our Kern River water rights must be defended, particularly in light of the recent California Supreme Court case of Vineyard Area Citizens for Responsible Growth versus the City of Rancho Cordova." 11. PUBLIC STATEMENTS a. Roy Malohowski, Greater Bakersfield Legal Assistance, Jacqueline Mears, Eric Martin, Angelica Chappen and Roxanne Culp spoke regarding traffic control near the Bakersfield Homeless Center. Councilmember Benham announced there will be a meeting regarding traffic control near the Bakersfield Homeless Center on Thursday, February 15th at 1 :00 p.m., at the Homeless Center. 12. HEARINGS a. General Plan Amendment/Zone Change No. 06- 1037; Cornerstone Engineering, Inc., representing Christ Cathedral Church (property owner) has applied for a general plan amendment and zone change on 20 acres located along the north side of Rosedale Highway approximately 660 feet west of Allen Road. Bakersfield, California, February 7,2007 - Page 18 12. HEARINGS continued Item 12.8. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from UER (Urban Estate Residential) to SR (Suburban Residential) on 11.54 acres and LR (Low Density Residential) on 8.46 acres. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 101-23 from County A (Agriculture) to E (Estate) on 11.54 acres and R-1-CH (One Family Dwelling/Church) on 8.46 acres. RES 028-07 2. FR Development Services Director Grady made staff comments. Hearing opened at 7:59 p.m. Robert Lehtinen spoke in opposition to the staff recommendation. Darrell Whitten, Cornerstone Engineering, spoke in support of the staff recommendation. Robert Lehtinen spoke in rebuttal opposition to the staff recommendation. Darrell Whitten, Cornerstone Engineering, spoke in rebuttal support to the staff recommendation. Motion by Councilmember Couch to adopt the Resolution and give first reading to the Ordinance. APPROVED AS HANSON b. General Plan Amendment/Zone Change No. 06- 0925; Mcintosh and Associates, representing John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr. (property owners) has applied for a general plan amendment and zone change on 60 acres located at the northeast corner of Panama Lane and South Allen Road. CONTINUED TO 2-28-07 Bakersfield, California, February 7,2007 - Page 19 12. HEARINGS continued Item 12.b. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 60 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres. City Clerk McCarthy announced correspondence was received from Gordon Nipp, on behalf of the Sierra Club, regarding this item. Development Services Director Grady made staff comments. Hearing opened at 8:19 p.m. Gordon Nipp, Sierra Club, spoke in opposition to the project. Roger Mcintosh, Mcintosh and Associates, spoke in favor of the staff recommendation to continue the issue to the March 28, 2007 Council meeting. Hearing closed at 8:25 p.m. Motion by Councilmember Couch to continue the matter to the March 28, 2007 Council meeting. APPROVED AS HANSON c. General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle and Cooke, California, Inc. (property owner) has applied for a general plan amendment, specific plan adoption, zone change and development agreement approval for the West Ming project on 2,184 acres generally located between Ming Avenue (extended) and the Southern Pacific Railroad, Buena Vista Road and future West Beltway. CONTINUED TO 2-28-07 Bakersfield, California, February 7,2007 - Page 20 12. HEARINGS continued Item 12.c. continued ACTION TAKEN 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No. 03-1544, known as the West Ming Project. 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and OS (Open Space) to West Ming Specific Plan and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) and 2.5 (Flood Plain Overlay) to West Ming Specific Plan and amending the Circulation Element to change the Circulation Element alignment of the collector roads within the project boundaries to deviate from the current grid pattern, re-designate White Lane and Ming Avenue (west of South Allen Road) from arterials to collectors as shown in the West Ming Specific Plan. 3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming-Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential) on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC (West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63 acres and to WM-SU (West Ming-Special Use) on 220 acres. Bakersfield, California, February 7,2007 - Page 21 12. HEARINGS continued Item 12.c. continued ACTION TAKEN 4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the West Ming Specific Plan zoning for the project site changing the zoning to WM-R1 (West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple Family Dwelling) on 1,358 acres, to WM-R3 (West Ming Limited Multiple Family Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office) on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM-TC (West Ming Town Center) on 63 acres and to WM- SU (West Ming Special Use) on 220 acres. 5. Resolution approving the Development Agreement. City Clerk McCarthy announce correspondence was received from staff regarding the Development Agreement portion of this item and also changing the title of item 12.c.5., as well as the staff recommendation. Additionally correspondence was received from the City of Shafter regarding the item. Development Services Director Grady made staff comments. Gordon Nipp, Sierra Club, spoke in opposition to the conversion of farm land to urban uses. Lynn Caruthers, Klein DeNatalie Goldner, on behalf of Foothill Energy, Kevin Armonde, General Manager of Kern Security Systems, Michelle Mize spoke in favor of the project. Bruce Freeman, President of Castle & Cooke California, spoke in favor of the project and submitted written material. Hearing closed at 8:52 p.m. Motion by Councilmember Sullivan to continue the item to February 28, 2007 Council meeting. APPROVED AS HANSON 4. Bakersfield, California, February 7,2007 - Page 22 CONSENT CALENDAR HEARINGS ACTION TAKEN a. General Plan Amendment/Zone Change No. 06- 2022; Mel Heinemann, representing himself, Jack & Nuha Haddad and the City (property owners) has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest corner of E. Planz Road and Washington Street (future) and on approximately 40 acres located at the southeast corner of Cottonwood Road and E. Berkshire Road (future). 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres. CONTINUED TO 2-28-07 City Clerk McCarthy announced this item is connected to item 4.b., and Development Services Director Grady would provide further explanation. Development Services Director Grady and City Manager Tandy made staff comments. Hearing opened at 8:59 p.m. Gordon Nipp spoke in opposition to the staff recommendation. Kristin Hagen, Kronick, Moskovitz, Tiedemann and Gerard, on behalf of Mel Heinemann, and Jim Marino, consultant for Mr. Heinemann spoke in favor of the project. Gordon Nipp spoke in rebuttal opposition to the staff recommendation. Bakersfield, California, February 7,2007 - Page 23 4. CONSENT CALENDAR HEARINGS continued Item 4.8. continued ACTION TAKEN Kristin Hagen, Kronick, Moskovitz Tiedemann and Gerard, on behalf of Mel Heinemann, and Jim Marino, consultant for Mr. Heinemann spoke in rebuttal support of the staff recommendation. Hearing closed at 9:10 p.m. Motion by Councilmember Carson to continue items 4.a. and 4.b. to the February 28, 2007 Council meeting. b. General Plan Amendment/Zone Change No. 05- 1887; Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad (property owners) has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). APPROVED AS HANSON 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD (Planned Unit Development) on 39.29 acres. Item continued to the February 28, 2007 Council meeting by motion regarding Consent Calendar Hearing 4.a. j. General Plan Amendment/Zone Change No. 06- 1014; The Lusich Company, representing Old River Road, LLC (property owner) has applied for a general plan amendment and zone change on approximately 99.5 acres located north of McCutchen Road between Old River Road to the west and Progress Road to the east. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 99.5 acres. RES 029-07 Bakersfield, California, February 7,2007 - Page 24 4. CONSENT CALENDAR HEARINGS continued Item 4.j. continued ACTION TAKEN 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 123-29 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres. FR Development Services Director made staff comments and noted corrections to condition number twenty-two regarding agricultural mitigation. Hearing opened at 9:15 p.m. Gordon Nipp, Sierra Club, spoke in opposition to the staff recommendation. Robert Lusich, on behalf of the applicant, Old River Road, LLC, spoke is support of the staff recommendation and submitted written material. Gordon Nipp, Sierra Club, spoke in rebuttal opposition to the staff recommendation. Hearing closed at 9:39 p.m. Motion by Councilmember Couch to approve the Resolution and give first reading to the Ordinance including corrections to condition number twenty-two. APPROVED AS HANSON 13. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff respond to citizen's inquiry regarding posting of "No Smoking" signs in City parks. Councilmember Benham requested staff respond to a citizen's concerns regarding possible failure of the Lake Isabella Dam and the feasibility of implementing a siren warning system. Councilmember Benham requested Recreation and Parks staff explore grant opportunities for the Bakersfield Foundation. Councilmember Benham requested Public Works staff analyze the need for street lights in the 300 block of Monterey Street and contact her regarding the issue. Bakersfield, California, February 7,2007 - Page 25 13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Benham requested Solid Waste staff assist in preparing a response to a citizen's suggestions regarding recycling of the sort conducted in Ventura. Councilmember Benham requested the Planning and Development Committee address a citizen's request regarding designated motorcycle parking. Councilmember Benham reiterated she would be having a meeting with residents of the Homeless Center on Thursday, February 15th at 1 :00 p.m., at the Homeless Center. Additionally she will meet with residents of the 21 st Street area in the Public Works Conference Room on Tuesday, February 13th at 3:30 p.m. Councilmember Couch requested the Legislation and Litigation Committee review the status of the RFP for claims administration and bill review. Councilmember Couch requested future Certificates of Recognition from the Council have more embellishment. Councilmember Couch requested the Planning and Development Committee review the possibilityHeasibility of placing restrictions or constraints on home additions. Councilmember Couch requested the City Attorney take appropriate action relating to a letter from the City of Newport Beach regarding the density of group homes. Councilmember Carson requested staff respond to a sewer problem at 1510 Antonia Way. Councilmember Carson requested Public Works furnish information regarding the completion of the sewer project near East Brundage. Public Works Director Rojas responded. Councilmember Sullivan requested staff explore incentives that would encourage citizens to participate in the blue can recycling program. Councilmember Scrivner requested the Budget and Finance Committee review the recycling program. Bakersfield, California, February 7,2007 - Page 26 13. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Scrivner requested the Safe Neighborhoods Committee explore utilizing the services of a company that tracks tag lines. Councilmember Scrivner requested the Legislation and Litigation Committee consider modifications to the Fireworks Ordinance. Councilmember Scrivner requested staff make a presentation to the Planning and Development Committee regarding policy and plans for agricultural long-term developments including the West Ming area. Councilmember Scrivner requested the Planning and Development Committee host developers interested in developing County parcel number 14717003, to hear concerns relating to sewer connection issues. 14 . ADJOURNMENT Mayor Hall adjourned the meeting at 9:53 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield