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HomeMy WebLinkAbout08/29/07_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA AUGUST 29, 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 3. APPOINTMENTS 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the August 15, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from August 3, 2007 to August 16, 2007 in the amount of $11,190,339.14 and self-insurance payments from August 3, 2007 to August 16, 2007 in the amount of $175,965.31. Ordinances: (Ward 5) c. First Reading of Ordinance amending Title 17 of the Municipal Code (Zone Map No. 122-22) by changing the zoning from R-3/PUD (Multiple Family Dwelling/Planned Unit Development) to R-1 (One Family Dwelling) on 42.40 acres for purposes of single family residential development located at the southeast corner of Pensinger Road and Stetson Way in McAllister Ranch (ZC 07-0999) (SunCal Companies representing LBREP/L - SunCal McAllister Ranch LLC) d. Adoption of Ordinance Revisions (FR 08/15/07): (Ward 5.6)* f. 1. Ordinance amending Section 5.16.030 relating to cardrooms. 2. Ordinance amending Section 5.23.030 relating to escorts and escort bureaus. 3. Ordinance amending Section 12.16.140 relating to construction work in streets. 4. Ordinance amending Section 12.56.050 relating to parks. 5. Ordinance repealing Chapter 2.52 relating to the Bakersfield Convention Center. 6. Ordinance repealing Chapter 9.32 relating to advertising matter and samples. 7. Ordinance repealing Chapter 12.24 relating to loose material. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 124-08) by changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa Loma Drive. (ZC 06-1909) (Applicant/Property Owner: Jimmy Crompton) (FR 08/15/07) Adoption of Ordinance approving the Development Agreement for West Ming Project on 2,182 acres located on property bounded by Ming Avenue, Southern Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway. (GPAlAC/SP No. 03-1544) (Castle & Cooke, Inc.) (FR 08/15/07) (Ward 1) e. . - upon annexation 4. CONSENT CALENDAR continued (Ward 6) (Ward 6) (Ward 4,5) (Ward 5) (Ward 4) (Ward 4) (Ward 3) (Ward 1) n. (Ward 5) o. (Ward 2) p. q. r. s. (Ward 1) Resolutions: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 525 consisting of 32.54 acres located at the southeast corner of Taft Highway and Ashe Road. 2. Annexation No. 576 consisting of 26.11 acres located at the southwest corner of Taft Highway and Ashe Road. Resolution approving Form and Substance of Acquisition & Disclosure Agreement and authorizing changes to and execution of, for Assessment District No. 07-1 (Vista View Estates) . Resolutions adding the following territories 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. 1. Area 1-70 (Calloway, Brimhall SE) 2. Area 1-72 (7th Standard, Jewetta SE) 3. Area 3-72 (Gosford, McKee SW) Resolution of Intention No. 1516 to add territory, Area 3-67 (McCutchen, Old River NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1524 to add territory, Area 1-73 (Rosedale, Froehlich SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1550 to add territory, Area 4-79 (Panorama, Juniper Ridge E) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1551 to add territory, Area 4-80 (Bernard, Oswell NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: g. h. i. j. k. I. m. t. Agreement with PCL Industrial Services, Inc. ($72,000 annually) to lease land at the Bakersfield Municipal Airport to expand their operations. Agreement with Standard Pacific Corp. ($133,000) to purchase real property located west of Old River Road and north of Panama Lane for a water well site. Agreement with Greater Bakersfield Convention and Visitors Bureau. Agreement with Northcutt & Associates ($78,500) to prepare the update of the Housing Element of the Metropolitan Bakersfield General Plan. (GPA No. 07-1519). Agreement with Pacific Municipal Consultants (PMC) ($698,974) to prepare the update to the Metropolitan Bakersfield General Plan. Amendment NO.1 to Agreement No. 06-325 with United Pacific Services ($200,000; revised not to exceed $450,000 and extending term one (1) year) for tree trimming for the Recreation and Parks Department. Amendment NO.1 to Agreement No. 07-037 with KSA Partners (not to exceed $850,000) for HOME Investment Partnership funds to develop 72 affordable family apartments at 1601 Lotus Lane. 2 City Council Meeting of 08/29/2007 (Ward 2) 4. CONSENT CALENDAR continued (Ward 3) (Ward 1) (Ward 1,3) (Ward 2) (Ward 4) (Ward 1) (Ward 1) u. v. w. Bids: x. y. Amendment NO.1 to Agreement No. 06-324 with RM Industries ($80,000; revised not to exceed $160,000 and extending term one (1) year) for janitorial and hardscape maintenance for the Amtrak Station. Amendment No.2 to Agreement No. 06-053 with Parsons Transportation Group, Inc. ($2,981,767) for construction management services of the freeway interchange construction on State Route 178 at Fairfax Road. Contract Change Order Nos. 4, 5, 6, 7 & 8 to Agreement No. 06-303 with Griffith Company ($122,785.32 increase; revised not to exceed $7,916,336.27) for Brundage Lane Sewer Replacement. Accept bid and award contract to Floyd Johnston Construction Company, Inc. ($1,361,050) to construct Northeast Truck Sewer-Phase 2 Redbank Road Extension located along Redbank Road from Oswell to approximately 1,400 feet west of Fairfax Road. Accept bid from Bakersfield Truck Center ($95,087.12) for one additional three axle dump truck for Street Maintenance Division. z. Accept bid from Gibbs International, Inc. ($115,514.60) for one (1) additional knuckle boom trash loader truck for Water Resources Department. aa. Accept bid from Gibbs International, Inc. ($78,615.52) for one (1) replacement two-axle 7 cubic yard dump truck for Water Resources Department. bb. Accept bid from Bakersfield Truck Center ($142,207.41 for one (1) additional four-axle roll-off bin refuse truck for Solid Waste Division. cc. Accept bid from Gibbs International, Inc. ($436,316.30) for three (3) replacement self- contained patch trucks for Street Maintenance Division. dd. Accept bid from Bakersfield Truck Center ($119,029.61) for one (1) replacement three-axle dump truck with demolition body for Recreation and Parks Department. Miscellaneous: ee. ff. gg. Amendment to the FY05/06 Action Plan to add a $3,750,000 Section 108 loan and a $750,000 Brownfield Economic Development grant for the acquisition of real property, economic development, job creation and relocation activities for the Mill Creek South mixed- use project. Quitclaim Deed to David R. Wilson, Trustee of the Wilson Revocable Trust and Wilson/Brimhall, LLC for Drainage and Flowage Easement in Parcels 1 and 6 of Parcel Map No. 11476 located at the northwest corner of Calloway Drive and Brimhall Road for incorporation into their development. Grant of Easement to California Water Service for a pipeline to 825 E. White Lane. Staff recommends adoption of Consent Calendar items a through gg. 5. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution approving the issuance of bonds by the California Statewide Communities Development Authority to benefit Bakersfield Pacific Associates for the acquisition and construction of an 80 unit multi-family housing project located at 1629 Lotus Lane. (Staff recommends adoption of resolution.) 3 City Council Meeting of 08/29/2007 (Ward 1) 5. CONSENT CALENDAR HEARINGS continued b. (Ward 3) (Ward 3)* (Ward 4) (Ward 4) . - upon annexation General Plan Amendment No. 07-0021; Cottonwood Villas, LLC, representing Cottonwood Land Holdings, LLC (property owner) has applied for a general plan amendment on approximately 40.26 acres located on the north side of E. White Lane and the west side of Washington Street, south of E. Planz Road. (Staff recommends adoption of resolution.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 40.26 acres. General Plan Amendment/Zone Change No. 06-2246; San Joaquin Engineering, Inc., representing Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry and Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, The Afana Family Trust, Marilyn G. Afana, and Jerrilyn S. Frazee (property owners) has applied for a general plan amendment and zone change on approximately 12.1 acres located adjacent to Rivani Drive, generally east of Morning Drive and north of State Route 178. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 12.1 acres. 2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and Zone Map No. 102-06 from R-1 (One Family Dwelling) to R- 3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres. General Plan Amendment/Zone Change No. 06-0494; Mcintosh & Associates, representing Douglas DeBerti and Sandye Deberti (property owners) has applied for a general plan amendment and zone change on 60 acres located on the east side of Edison Road (future), Y2 mile north of Breckenridge Road. (Staff recommends continuance of this item to the next general plan cycle.) 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code (Zone Map No. 104-28) from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. Public Hearing to consider Resolution ordering the vacation of a 25-foot wide sewer pipeline easement at the northeast corner of Stockdale Highway and Buena Vista Road. (Staff recommends adoption of resolution.) Public Hearing to consider Resolution ordering the vacation of a 15-foot wide public utility easement located north of Stockdale Highway and east of Buena Vista Road. (Staff recommends adoption of resolution.) g. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of right-of-way property situated at the southwest corner of Mohawk Street and Rosedale Highway for the Westside Parkway project. (Code Civ. Proc. ~ 1240.010) c. d. e. f. Staff recommends adoption of the resolution. 4 City Council Meeting of 08/29/2007 (Ward 6)* 5. CONSENT CALENDAR HEARINGS continued h. General Plan Amendment/Zone Change No. 07-0514; Jim Clawson, Jr. (property owner) has applied for a general plan amendment and zone change on 1 .55 acres located along the south side of Taft Highway, generally west of Mountain Ridge Road (future alignment), between Ashe Road and Stine Road. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land used designation from RR (Rural Residential) to GC (General Commercial) on 1.55 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 142-03 from RS-20A (Residential Suburban-20 acres minimum) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Combining) on 1.55 acres. General Plan Amendment/Zone Change No. 06-1689; Jim Marino, Marino & Associates, representing KC Land Investor V, LLC (property owner), has applied for a general plan amendment and zone change on 40 acres located at the northwest corner of Engle Road and Wible Road. Jim Marino has appealed the Planning Commission decision. (Staff recommends item be referred back to staff.) 1. Resolution approving the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 49.52 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of Municipal Code and Zone Map No. 124-20 from A (Agriculture) to R-1 (One Family Dwelling) on 49.52 acres. 6. CLOSED SESSION (Ward 7)* i. a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Heinemann GPA issue) b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v City of Shafter, et al - KCSC Case No. S-1500-CV-260277-RJO 2. City v North Kern Water Storage Dist, et al- KCSC Case No. S-1500-CV-260360- AEW. 3. City v Oildale Mutual Water Company, KCSC Case No. S-1500-CV-260384-LPE RECONVENED MEETING - approximately 6:30 p.m. 7. ROLL CALL 8. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church. 9. PLEDGE OF ALLEGIANCE by Zowe Martin & Gennevieve Rodriquez, 4th Grade Students at Castle Elementary School. 10. CLOSED SESSION ACTION 11. PRESENTATIONS a. Presentation by Mayor Hall of Certificates to Kern River Volleyball Club's 13 & Under Elite Team Champions.7 b. Presentation by Mayor Hall of Proclamation to Gregory D. Bynum proclaiming September 6, 2007, as Gregory D. Bynum Day. 5 City Council Meeting of 08/29/2007 (Ward 2) (Ward 7) (Ward 1) (Ward 1)* (Ward 3) 12. PUBLIC STATEMENTS 13. REPORTS 14. HEARINGS Public Hearing to consider Resolution denying the appeal by Jason's Retreat (applicant) and J. McFadden Rentals (property owner) of the Board of Zoning Adjustment decision denying Modification No. 07-1040 to reduce the required off-street parking for a 26 person residential facility with two employees from 22 spaces to 2 spaces in a C-1 (Neighborhood Commercial) zone located at 2000 Baker Street. (Hearing opened & continued at 08/15/07 meeting.) Staff recommends adoption of resolution. b. Public Hearing to consider Resolution denying the appeal by Marcario Hernandez (applicant) and upholding the Board of Zoning Adjustment decision denying Conditional Use Permit No. 07-1044 to permit the operation of a landscaping business, including outdoor storage of up to 6 vehicles, trailers, equipment $ landscape materials, on a 2.5 acre single family residential lot in an R-S (Residential Suburban) and R-1 10K (One Family Dwelling-10,000 sq. ft. minimum lot size) zone at 3649 Hosking Avenue. Staff recommends adoption of resolution. c. Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport; Jim Marino, Marino/Associates, representing Santa Barbara Capital (property owner), has applied for an amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport, changing a portion of Zone B-2 to Zone C. Jim Marino has appealed the Planning Commission decision. a. 1. Resolution approving the Negative Declaration, the appeal and amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport. Staff recommends adoption of resolution. d. General Plan Amendment/Zone Change No. 06-2275; Jim Marino, Marino/Associates, representing the Garone Family Trust (property owner) has applied for a general plan amendment and zone change on 49.52 acres located at the northwest corner of E. Panama Lane and Cottonwood Road. Jim Marino has appealed the Planning Commission decision. 1. Resolution approving the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 49.52 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 124-20) from A (Agriculture) to R-1 (One Family Dwelling) on 49.52. Staff recommends adoption of resolution and give first reading to ordinance. e. General Plan Amendment/Zone Change No. 06-2254; Steven Boneso (property owner), represented by Mcintosh & Associates, has applied for a general plan amendment and zone change on approximately 20 acres generally located 600 feet north of Paladino Drive and is divided by the future alignment of Rivani Drive. Roger Mcintosh, Mcintosh & Associates has appealed the Planning Commission decision. 1. Resolution denying the appeal and the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 20 acres. 2. Resolution denying the appeal and zone change from R-1 (Single Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on approximately 20 acres. Staff recommends adoption of resolutions. 6 City Council Meeting of 08/29/2007 14. HEARINGS continued (Ward 5) f. General Plan Amendment/Zone Change No. 05-1580; Jim Manley, representing 10 Section LLC (property owner) has applied for a general plan amendment and zone change on 200 acres located on the south of Panama Lane and east of Nord Avenue. Jim Manley has appealed the Planning Commission decision. 1. Resolution denying the appeal and general plan amendment changing the land use designation from R-MP (Resource-Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on 220 acres. 2. Resolution denying the appeal and zone change from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220 acres. Staff recommends adoption of resolutions. 15. NEW BUSINESS 16. COUNCIL AND MAYOR STATEMENTS 17. ADJOURNMENT - ! Tandy' 0- City Manager 8/22/07 3:49pm 7 City Council Meeting of 08/29/2007 ,"' 7 AGENDA HIGHLIGHTS AUGUST 29, 2007 COUNCIL MEETING REGULAR MEETING - 5:15 D.m. CONSENT CALENDAR Ordinances Item 4c. First Readina of an Ordinance Amendina the Municioal Code by Chanaina the Zonina from R- 3/P.U.D. (Multiole-Family Dwellina/Planned Unit DeveloomenO to R-1 COne-FamilY Dwellina) on 42.40 Acres Located at the Southeast Corner of Pensinaer Road and Stetson Way in McAllister Ranch. SunCal Companies, representing LBREP/L - SunCal McAllister Ranch LLC. proposes a single-family residential development. The McAllister Ranch Specific Plan states that single-family residential projects of lesser densities than permitted in the HR designation shall be allowed. Additionally, Condition 6 of Vesting Tentative Tract Map 6558 required the site zoning be changed to R-1 prior to recordation of the final map. On July 19, 2007, the Planning Commission recommended adoption by the City Council. No one spoke in opposition to the project at the Planning Commission hearing. Aareements Item 4n. Aareement with PCL Industrial Services, Inc. to Lease Land at the Bakersfield Municioal Airoort to Exoand their Ooerations for $72,000 oer Year. PCL Industrial Services, Inc. who is a full service heavy industrial general contractor, desires to expand their operations for material and equipment storage and assembly of large tanks. This will allow PCL to expand onto a part of the airport that is located outside the northern runway protection zone. The rent monies will be used for beautification projects and other airport improvements. This is a ten-year lease with two five-year options to extend, at $6,000 per month or $72,000 annually with a CPI escalator. Item 4p. Aareement with the Greater Bakersfield Convention and Visitors Bureau. This past year, staff worked directly with the CVB Executive Committee and Board to identify a series of changes to the contract that should improve the effectiveness of the use of the Transient Occupancy Tax monies allocated, so they can focus more on attracting events and pay less on overhead and related cost. Currently, the CVB has to pay for Human Resources, Finance, Legal, annual audit and other services, whereas the City already employs applicable staff. In addition, the CVB Board has been drawn into increased day-to-day operations rather than focusing' on policy issues and identification of priorities for recruiting events. The board members are unpaid volunteers whose role should be on the large scale goals and return on investments for sponsored events. Under this contract, City staff would operate the Bureau to advise the policy decisions of the group. The closest model in the City structure would be the Redevelopment Agency, where the City staffs the function and the Board sets policy and long-term goals, subject to Council approvals. This contract follows that model. Specific details are included in the administrative report. Item 4r. Aareement with Pacific Municioal Consultants (PM C), a California Corooration, to Preoare the Uodate to the Metrooolitan Bakersfield General Plan in the amount of $698.974. The update process began on April 9, 2007 with a joint meeting of the City and County Planning Commissions. During May 2007, four public workshops were held to gather input regarding the update and future growth in the metropolitan area. Staff subsequently completed interviews and selection of the consultant to prepare the update, including finalization of the scope of work and cost. The $698,974 will be divided equally between the City and County. , "- " Item 4v. Amendment No. 2 to Aereement 06-053 with Parsons Transoortation Grouo Inc. for Construction Manaeement Services for the Freewaylnterchanee Construction on State Route 178 at Fairfax Road in the amount of $2.981,767. There is no available staff to perform freeway and interchange construction . management, so an outside consultant would need to be hired for Construction Management Services. Parsons Transportation Group (Parsons) is currently under contract to perform Program Management Services for the Thomas Road Improvement Program (TRIP). As part of Parsons' existing contract, Construction Management was defined as an optional task. Parsons has been providing oversight construction management services on various Capital Improvement Projects for the City, and staff has been very pleased and impressed with their work and involvement in all areas. Bids Item 4x. Award Contract to Floyd Johnston Construction Comoany Inc. to Construct Northeast Trunk Sewer-Phase 2: Redbank Road Extension alone Redbank Road from Oswell to aooroximatelv 1.400 feet west of Fairfax Road in the amount of $1.361,050. The first phase of this sewer main is essentially complete. Phase 2 runs from the Oswell Street / Redbank Road intersection going east along Redbank Road to Fairfax Road, a portion of which will be constructed by the Kern High School District in front of the new Mira Monte High School. Nine acceptable bids were received. Staff recommends awarding the contract to Floyd Johnston Construction Company Inc. Funding for the project is from the Sewer Enterprise Fund. CONSENT CALENDAR HEARINGS Item 58. Issuance of Bonds bv the California Statewide Communities Develooment Authority to Benefit Bakersfield Pacific Associates for the Acauisition and Construction of. an 80-Unit. Multi-Family Housine Proiect located at 1629 Lotus Lane. The bonds would be tax-exempt private activity bonds for the purposes of th& Internal Revenue Code and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The Citv will not be under any oblieation to reoay the ~ond indebtedness. In order for the bonds to be issued, the City must conduct a public hearing, and approve of the bond issuance on behalf of the proposed financing. Item 5b. General Plan Amendment on AooroximatelY 40.26 Acres Located on the North Side of East White Lane and the West side of Washineton Street. South of East Planz Road. Cottonwood Villas, LLC, representing Cottonwood Land Holdings, LLC, the property owner, proposes construction of a single-family residential development. The vesting map approved for the project placed it over the allowable dwelling units for its current land use designation. This change provides for -the buildout of the tract map as proposed to be built in compliance with the 8.85 dwelling units per -net acre. The Planning Commission recommended approval to the City Council on July 5. 2007. No individuals or agencies opposed the request and the applicant agreed to all conditions and mitigation forthe project. Item 5c. General Plan Amendment and Zone Chanee on Aooroximately 12.1 Acres Located Adlacent to Rivani Drive. Generally East of Morninq Drive and North of State Route 178. San Joaquin Engineering, Inc., representing multiple property owners, a list of whom is provided in the administrative report, proposes construction of a multi-family residential development. The project is part of a larger development plan on the same parcel that includes a park and community facilities. The Planning Commission recommended approval to the City Council on June 21, 2007. No individuals or agencies opposed the request and the applicant agreed to all conditions and mitigation for the project. Item 5d. General Plan Amendment and Zone Ghanae on 60 Acres Located on the East side of Edison Road (future),1/2-mile North of Breckenridae Road. Mcintosh and Associates, representing Douglas and Sandye Deberti, the property owners, proposes constrlJction ota single-family residential development upon annexation. This item was originally on the May 9, 2007 Council agenda. At the request from the applicant, it was continued. The applicant requests further continuance of this item to the next General Plan cycle. August 29, 2007 Agenda Highlights Page 2 .. Items 5e. and 5f. Vacations of a 25-foot Wide Sewer Piceline Easement at the Northeast Corner of Stockdale Hiahwav and Buena Vista Road and a 15-foot Wide Public Utilitv Easement North of Stockdale Hiahwav. East of Buena Vista Road. Castle & Cooke is developing the area as a commercial center. In order to do this, they ask that an old sewer easement and a public utility easement be vacated. This action was found to be consistent with the 2010 General Plan. No objections have been received. Item 5g. Public Hearina reaardina Acauisition of Procert'{ Located at the Southwest Corner of Mohawk Street and Rosedale Hiahwav for the Wests ide Parkwav. The County gave its consent to the acquisition of these properties. Offers have been made to the property owners and negotiations continue. Item 5h. General Plan Amendment and Zone Chanae on 1.55 Acres Located alona the South Side of Taft Hiahwav. Generallv West of Mountain Ridae Road (future alianment). between Ashe Road and Stine Road. Jim Clawson Jr., the property owner, proposes a commercial development upon annexation. The Planning Commission recommended approval to the City Council on July 5, 2007. No individuals or agencies are in opposition, and the applicant agreed to all conditions and mitigation for the project. Item 5/. General Plan Amendment and Zone Chanae on 40 Acres Located at the Northwest Corner of Enale Road and Wible Road. Jim Marino, Marino & Associates, representing KC Land Investor V, LLC, the property owner, proposes a residential development upon annexation. The Planning Commission recommended denial to the City Council on June 21, 2007 based on public comments regarding road improvements/access to the site, incompatible density, and sewer/septic issues. The applicant has appealed this decision and requests that the item be referred back to City staff. CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation and three cases of existing litigation. CONTINUATION OF REGULAR MEETING - looroxlmatelv 6:30 o.m. HEARINGS Item 148. Public Hearina to Consider a Resolution Denvina the Acceal bv Jason's Retreat and J. McFadden Rentals (Procertv Owner) of the Board . of Zonina Adiustment's Decision to Denv a Reauest to Reduce the Reauired Off-StreetParkina for a 26-Person Resid~ntial Facilitv with 2 Emclovees from 22 Scaces to 2 Scaces in a C-1 (Neiahborhood Commercial) Zone District located at 2000 Baker Street. This item was continued from the August 15, 2007 Council meeting to allow Councilmember Benham, the representative of the area, to . be present during discussion. At the June 21, 2007 Board of Zoning Adjustment (BZA) hearing, the applicant filed a modification to the original proposal, which was denied. An appeal was filed. Staff recommends denying the appeal. Item 14b. Public Hearina re9arding a Decision by the Board of. Zonina Adiustment to Denv a Conditional Use Permit on a 2.5-Acre Sinale-Familv Residential Lot at 3649 Hoskina Avenue. Marcario Hernandez, the applicant, would like to operate a landscaping business, including outdoor storage of up to six vehicles, trailers, equipment and landscape materials, in an R-S (Residential Suburban) and R-1 10K (One-Family Dwelling - 10,000 sq. ft. minimum lot size) zone. On July 10, 2007, the Board of Zoning Adjustment (BZA) denied the request because the business is operating beyond the limitations of the property owner's home occupation permit. Two petitions in support of the proposal were submitted; however, objections have also been tendered based on air pollution and noise issues, and incompatibility with other neighborhood uses. A number of neighbors spoke both in favor and in opposition during the hearing. The BZA found that the intensity and nature of the proposed use is incompatible with the surrounding neighborhood and is inconsistent with the site's residential land use designation. The applicant filed an appeal. Because the required findings cannot be made to grant the requested Conditional Use Permit, it is recommended that the appeal be denied. August 29, 2007 Agenda Highlights Page 3 ~ " Item 14c. Amendment to the Airoort Land Use Comoatibilitv Plan for the Bakersfield Munieioal Airoort. Chancinc a Portion of Zone B-2 to Zone C. The amendment would shorten Zone B-2 south of the runway from 10,000 feet to 7,000 feet. The area removed from Zone B-2 would be designated Zone C which would allow for residential development. The Planning Commission recommended disapproving the Negative Declaration and disapproving the amendment to the City Council on June 7, 2007. Four- Commissioners voted to disapprove the item based on health and safety factors, while the remaining three believed that the applicant's airport land use consultant adequately addressed the safety and health concerns. The applicant appealed the decision to deny the request. Staff recommends approval of the amendment and upholding the appeal as sufficient justification has been provided to demonstrate that the public's exposure to excessive noise and safety hazards within areas around public airports are minimized to less than significant. Item 14d. General Plan Amendment and Zone Chance on 49.52 Acres Located at the Northwest Corner of East Panama Lane and Cottonwood Road. Jim Marino, Marino/Associates representing the Garone Family Trust, the property owner, proposes construction of a single-family residential development upon annexation. The Planning Commission, by a count of 6-1, voted to deny the request on June 21, 2007 based on its proximity to the Farmer John Egg Poultry Farm. The applicant is appealing the decision. Staff recommends upholding the appeal. The City Council recently approved the change of land use and zoning for the property north of the project site which is even closer to the Farm than the location of the current request. Mitigation measures from both the Odor and Acoustical Studies were adopted to address these issues and the project was adopted. Staff recommended similar mitigation measures from those same studies for this project to address these issues. Item 14e. General Plan Amendment and Zone Chance on Aooroximatelv 20 Acres Generallv Located 600 Feet North of Paladino Dr. and Divided bv the Future Alicnment of Rivani Drive. Steven Boneso, the property owner, represented by Mcintosh & Associates, proposes a residential development. The Planning Commission recommended denial of the entire project to the City Council on July 5, 2007. The denial was based on concerns that the proposed density of the project is not compatible with adjacent uses, and does not fit the intent of the Metropolitan Bakersfield General Plan regarding land use compatibility. Adjacent property owners spoke in opposition for the same reason. The applicant is appealing the decision. Staff recommends denying the appeal. The representative of the applicant voiced disagreement with a proposed condition of approval that would impose a fee to the developer intended to supplement funds for major planned transportation improvements. That opposition constitutes a second reason to deny the appeal. Item 14'. General Plan Amendment and Zone Chance on 220-Acres Located South of Panama Lane and East of Nord Avenue. Jim Manley, representing 10 Section LLC, the property owner, proposes construction of a single-family residential development. The Planning Commission recommended denial on June 21, 2007 based on concerns regarding the health, safety, and welfare of the adjacent water bank, as well as area wildlife and mosquito issues dealing with disease. Representatives from the Kern Water Bank Authority and Department of Fish and Game spoke in opposition. The applicant is appealing the decision. Staff recommends denying the appeal. Approved: If-r/tLL AI~n Tlnely, City Mlnlgl' ~ cc: Department Heads Rhonda Smiley, Assistant to the city Manager City Manager's File City Clerk's Office News Media File August 29, 2007 Agenda Highlights Page 4 ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: Ll.a.. TO: FROM: DATE: APPROVED DEPARTMENT HEAQ.'-. AT CITY ATTORNEY CITY MANAGER ,4 Tj a..J- SUBJECT: Approval of minutes of the July 18, 2007 Regular Council Meeting. Honorable Mayor and City Council Pamela McCarthy, City Cle~ August 17, 2007 RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: L{ .b. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ If- Tj tJL August 15, 2007 SUBJECT: Approval of department payments from August 3, 2007 to August 16, 2007 in the amount of $11,190,339.14. and self insurance payments from August 3, 2007 to August 16, 2007 in the amount of $175,965.31. RECOMMENDATION: Staff recommends approval of payments totaling $11,366,304.45. BACKGROUND: RAR August 16, 2007, 12:53PM S:\Richard\AP\ADMIN-AP .doc ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: L\ (1_ MEETING DATE: August 29,2007 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stanley C. Grady. Development Services Director DEPARTMENT HEAD ~ August 9,2007 CITY ATTORNEY , CITY MANAGER II- T / tl..l~ I First reading of an ordinance amending Section 17.06.020 (Zone Map No. 122-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R- 3/P.U.D. (Multiple-Family Dwelling/Planned Unit Development) to R-1 (One-Family Dwelling) on 42.40 acres for purposes of single family residential development, located at the southeast comer of Pensinger Road and Stetson Way in McAllister Ranch (ZC # 07-0999 - SunCal Companies representing LBREP/L - SunCal McAllister Ranch LLC) (Ward 5). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On July 19, 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 R-3/P.U.D. (Multiple-Family Dwelling/Planned Unit Development) to R-1 (One-Family Dwelling) on 42.40 acres for purposes of single family residential development. The project site is depicted as High Density Residential (HR) on the McAllister Ranch Specific Plan. The McAllister Ranch Specific Plan considers R-1 zoning to be consistent with the HR land use designation, and states that single-family residential projects of lesser densities than permitted in the HR designation shall be allowed. No one spoke in opposition to the project at the Planning Commission hearing. Vesting Tentative Tract Map 6558, encompassing the project site, was originally approved by the County of Kern on December 8, 2005 (County Resolution No. 278-05). The conditionally approved map consists of 156 lots ranging in size from 6,789 square feet to 16,557 square feet, for single-family residential purposes on existing R-3 PD (High-Density Residential/ Precise Development Combining - County zoning) zoned property. Condition 6 of Vesting Tentative Tract Map 6558 required the site zoning be changed to R-1 (Low Density Residential- County zoning) District prior to recordation of the final map. August 13, 2007, 9:16AM KShsa S:\DanaIADMINS\2007\Aug\8-29-0999 1. doc ADMINISTRATIVE REPORT On July 19, 2006, the City Council approved Zone Change 06-0321, a pre-zoning action for the entire McAllister Ranch Master-Planned community. This zone change approved a variety of City zoning designations throughout McAllister Ranch comparable to previously approved County zoning, and designated the project site to be zoned R-3/P.U.D. (Multiple-Family Dwelling/Planned Unit Development). On December 20,2006, this subdivision as part of the McAllister Ranch Annexation (Annexation # 518) was annexed to the City of Bakersfield. The site is currently vacant. An initial study was prepared for the original project of the subject property, and the McAllister Ranch Specific Plan EIR was certified on November 15, 1993 by the County of Kern Board of Supervisors. In accordance with Section 15162, 15182, and 15183 of the State CEOA Guidelines, this project qualifies as a special situation and is exempt from the requirement for the preparation of environmental documents. A Notice of Exemption has been prepared. Staff recommends approval of the zone change. August 13, 2007, 9:17AM KShea S:\DanaIADMINS\2007\Aug\8-29-0999 1.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: 1.\ .d TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD t/&- DATE: July 16, 2007 CITY ATTORNEY tit:- CITY MANAGER 11-7/ d SUBJECT: 1. Ordinances amending Bakersfield Municipal Code ("BMC") Section 5.16.030 relating to Cardrooms; BMC Section 5.23.030 relating to Escort Bureaus; BMC Section 12.16.140 relating to Construction Work in Streets and BMC Section 12.56.050 related to Parks; and 2. Ordinances repealing Bakersfield Municipal Code ("BMC") Section 2.52 relating to Bakersfield Convention Center; BMC Section 9.32 relating to Advertising Matter and Samples; and, BMC Section 12.24 relating to Loose Material. RECOMMENDATION: Staff recommends adoption of these ordinance revisions. BACKGROUND: First reading was at the Council meeting on August 15, 2007. From time to time, City Staff identifies sections within our Bakersfield Municipal Code that should be revised to clarify language, remove ambiguity, reflect what is actually being done, and/or to correct typographical errors. Rather than propose each ordinance revision when discovered, the City Attorney keeps track of the suggested changes and then gathers them together for presentation to the City Council as part of a general "clean- up." 1. The first two ordinance amendments involve deleting language regarding the taking of fingerprints by the Bakersfield Police Department. The Department no longer takes fingerprints. The third ordinance revision reduces the bond warranty period of 12 years from the recordation of the notice of completion for work done in city streets to one year. The Public Works Department has indicated that a one-year warranty period is consistent with all other projects. The fourth revision adds launching rocket devices and possessing open alcohol containers to the list of acts prohibited in parks. 2. The first item involves repeal of the chapter relating to the Bakersfield Convention Center. Since the Convention Center is now managed by SMG, all of the language in Chapter 2.52 is obsolete. The second and third items concern chapters which were supposed to be repealed in 1986. When the City Council adopted Ordinance No. 3070 N.S. in 1986, the title of that ordinance indicated that Chapters 9.32 and 12.24 were to be repealed. However, the actual ordinance did not contain any language repealing the chapters. The subject matter of those Chapters is covered elsewhere in the code, so these chapters are repetitious. VG:JS:dll August 16, 2007, 9:00AM S:\COUNCILlAdmins\07-08 Admins\Cieanup of Ordinances.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: 4e7.. August 14, 2007 APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ?( ~ CITY ATTORNEY (ld >>14 CITY MANAGER-'T ';/ d Adoption of an Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Maps 124-08) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa Loma Drive. (ZC 06-1909 - Jimmy Crompton, applicant and property owner). 0Nard 1) TO: FROM: DATE: Honorable Mayor and City Council SUBJECT: RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: First reading of the Ordinance was given on August 15, 2007. The proposal would allow for the development of four single-family residential dwelling units on the 1.83 acre project site. On July 5,2007, 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-S (Residential Suburban) zone to an E (Estate Residential) on 1.83 acres. The reason for the request is to allow for the development of four single-family residential dwelling units on the 1.83 acre project site. The General Plan Land Use designation on the subject property is SR (Suburban Residential). The site is currently occupied by a single family residence and a vehicle dismantling business on the property fronting Cottonwood Road. No one present at the hearing was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition to the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 16, 2007, in accordance with CECA. JS:MG S:\ZoneChange\yr 2007\06-1909\CC\Admin Report.doc ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: ~..f. MEETING DATE: August 29, 2007 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ August 14, 2007 CITY ATTORNEY _ CITY MANAGER If r; il . Adoption of an ordinance approving the Development Agreement for the West Ming Project on 2,182 acres located on property bounded by Ming Avenue, Southern Pacific Railroad (Asphalto Branch), Buena Vista Road and West Beltway (GPAlZC/SP # 03-1544 - Castle and Cooke, Inc.) (Ward 5 or 6 upon annexation) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on August 15, 2007. In accordance with Government Code Section 65867.5, a development agreement is required to be approved by ordinance. On August 15, 2007, the City Council approved the West Ming project including certification of the West Ming EIR, approval of General Plan Amendments, adoption of the West Ming Specific Plan that includes zoning. The applicant has agreed to all conditions of approval and mitigation measures. 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 units, 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 Planning Commission conducted a public hearing on this project on December 21, 2006, and on January 4, 2007, adopted a resolution recommending approval of the West Ming project to the City Council. The applicant has agreed to all conditions of approval and mitigation measures. The City Council August 14, 2007, 8:22AM Jeng /S:\DanaIADMINS\2007\Aug\8-29-1544.doc ADMINISTRATIVE REPORT considered this project on February 7 and 28, 2007. However, prior to Council action, the applicant request the EIR be recirculated to provide adequate public review. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. In accordance with CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on the original EIR and the Recirculated EIR. The Recirculated Final EIR was recommended for certification by the Planning Commission on June 21, 2007. Copies of the Recirculated Final EIR were provided to the City Council in July 2007 and additional CDs and hard copies of the Final EIR are available in the City Clerk's Office. 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. Certification of the Final EIR included 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. August 14, 2007, 8:23AM Jeng /S:\Dana\ADMfNS\2007\Aug\8-29-1544. doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: Lj. lA . Iv) TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ,;d1n4 August 9, 2007 CITY MANAGER It 7 Ifi' i! SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 525 consisting of 32.54 acres, located at the southeast comer of Taft Highway and Ashe Road. (Ward 6) 2. Annexation No. 576 consisting of 26.11 acres, located at the southwest comer of Taft Highway and Ashe Road. (Ward 6) RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolutions of application propose proceedings for annexation of uninhabited territory to the City of Bakersfield are identified as Annexation No. 525 consisting of 32.54 acres of land, located at the southeast comer of Taft Highway and Ashe Road and Annexation No. 576 consisting of 26.11 acres of land, located at the southwest comer of Taft Highway and Ashe Road. These annexations are adjacent to the City limits and are within the City's Sphere of Influence boundary. The property owners have consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Applic\Admin Draft 525 & 576.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: 4. h, FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER If 'I d TO: Honorable Mayor and City Council August 14,2007 SUBJECT: Assessment District No. 07-1, (Vista View Estates). 1. Resolution Approving Form and Substance of Acquisition and Disclosure Agreement and Authorizing Changes Thereto and Execution Thereof. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On June 20, 2007, Council adopted the Resolution Approving the Boundary Map, Resolution of Intention 1540 and the Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. The proposed assessment district is named Vista View Estates and is located east of Gosford Road, south of Berkshire Road, west of Reliance Drive and north of McCutchen Road and is planned for new residential development. The applicant Petrini Bakersfield 5 Ventures, LLC plans to sell a portion of the property to merchant builders who will construct residential units, with acquisition of the improvements occurring upon completion. The improvements include road construction of McCutchen Road, Gosford Road and Berkshire Road. Other improvements will be street signs, street lights, survey monuments, curbs, gutters, sidewalks and storm drains, block walls, grading and paving improvements. The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between the City and the property owners for acquisition of public improvements within the boundaries of the Assessment District No 07-1. Once the Resolution is adopted, the next step is for the Assessment Engineer to prepare the preliminary Engineer's Report. jas August 15, 2007, 3:38PM G:\G ROUPOA T\AOMI N RPT\2007\08-29\A007 -1 acqagree.dot ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: 4.; Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEAD A1~ CITY ATTORNE~ CITY MANAGER If TI IlL I Resolutions adding the following territories 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. (Wards 4, 5) TO: FROM: DATE: Honorable Mayor and City Council August 16,2007 SUBJECT: 1. Area 1-70 (Calloway, Brimhall SE) 2. Area 1-72 (th Standard, Jewetta SE) 3. Area 3-72 (Gosford, McKee SW) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On August 15,2007 the Council adopted Resolution of Intention No's. 1547,1548 and 1549 to add the above territories 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 parks and/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or 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 letters from the owners of the properties described above which waive 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 owners also have submitted Proposition 218 ballots indicating their 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 have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision maps. Aug 29_Est.dot ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: 4. ~ . o TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~ DATE: August 10, 2007 CITY ATTORNEY ;8?n4 CITY MANAGER fl-T/ ttL I SUBJECT: Resolution of Intention No. 1516 to add territory, Area 3-67 (McCutchen, Old River NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 5). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6739 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 3-67 is generally bounded by a line approximately one-half mile north of McCutchen Road on the north, Old River Road on the east, McCutchen Road on the south and a line approximately 1,300 feet east of Buena Vista 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 August 10, 2007, 3:38PM MD3-67Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: t.t. K TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 15, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 11l- M fr,/d SUBJECT: Resolution of Intention No. 1524 to add territory, Area 1-73 (Rosedale, Froehlich SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel Map Waiver No. 07-0709 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 1-73 is generally bounded by Rosedale Highway on the north, a line approximately 350 feet east of Froehlich Street on the east, a line approximately 520 feet south of Rosedale Highway on the south and Froehlich Street on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr August 15, 2007, 10:29AM MD1-73Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: L.\. L TO: FROM: DATE: APPROVED DEPARTMENT HEAD ;!2 - CITY ATTORNEY tdtnlL CITYMANAGER f(7/~ SUBJECT: Resolution of Intention No. 1550 to add territory, Area 4-79 (Panorama, Juniper Ridge E) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Directors Report. 0Nard 3). Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 13,2007 RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 6539 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 4-79 is generally bounded by a line approximately 2600 feet north of Panorama Drive on the north, a line approximately 970 feet east of Juniper Ridge Road on the east, a line approximately 1380 feet south of Panorama Drive on the south and Juniper Ridge Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr August 13, 2007, 11:58AM MD4-79Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: 4.m. TO: FROM: DATE: Honorable Mayor and City Council August 13, 2007 APPROVED DEPARTMENT HEAD /L _ CITY ATTORNEY /JJn.J CITY MANAGER A T/&."L I Resolution of Intention No. 1551 to add territory, Area 4-80 (Bernard, Oswell NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). Raul M. Rojas, Public Works Director SUBJECT: RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map Waiver No. 07-0268 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 4-80 is generally bounded by a line approximately 660 feet north of Bernard Street on the north, a line approximately 660 feet west of Oswell Street on the east, Bernard Street on the south and a line approximately 1320 feet west of Oswell 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 to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr August 13, 2007, 11:32AM MD4-80Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: 'to n . TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY APPROVED Alj !' August 21, 2007 CITY MANAGER SUBJECT: Agreement with PCL Industrial Services, Inc. to lease land at the Bakersfield Municipal Airport to expand their operations for $72,000 per year. (Ward 1) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On January 29, 1997 the City of Bakersfield acquired approximately 54 acres of land from Castle & Cooke to provide a runway protection zone for the northern approach at the Bakersfield Municipal Airport. While the runway protection zone only impacted a portion of the property the seller requested the City purchase their entire property. Recently the City of Bakersfield was approached by a neighboring property owner (PCL) who needed additional land to expand their operations. PCL Industrial Services, Inc. who is a full service heavy industrial general contractor. According to their website, "In May 2002, PCL Industrial Services, Inc. became a member of the PCL family of companies. PCL is one of the largest general contracting organizations in North America." So City staff in coordination with the FAA negotiated a lease with PCL to allow them to expand their operations onto a part of the airport that is located outside the northern runway protection zone. PCL's primary purpose for the property will be for material and equipment storage and assembly of large tanks. The rent monies will be used for beautification projects and other airport improvements. The salient terms of the lease are: Term: ten (10) years with two (2) five year options to extend Size: approximately ten acres of unimproved light industrial zoned land. Rent: $6,000 per month or $72,000 annually with a CPI escalator Use: for material and equipment storage and assembly of large tanks August 21,2007, 8:30AM P:IMyFileslAdmin ReportslPCL lease.doc DMA/s ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: 't.o. FROM: APPROVED DEPARTMENT HEAD //1 CITY ATTORNEY ~ CITY MANAGER A-f I.Jl SUBJECT: Agreement with Standard Pacific Corp. to purchase real property located west of Old River Road, and north of Panama Lane for $133,000 for a water well site. (Ward 5) Honorable Mayor and City Council TO: Nelson K. Smith, Finance Director DATE: August 15,2007 RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is acquiring a single family lot to construct a domestic water well site. The purchase price of $133,000 represents the property's fair market value as established by an independent appraisal prepared by Karpe, Fisher, Merriman, Inc. A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning Department will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. August 15, 2007, 9:47AM P:\MyFiles\Admin Reports\Centex.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: 1.\-.0. I TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager August 3, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Greater Bakersfield Convention and Visitors Bureau RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On a periodic basis, we update and alter our contract with the Bakersfield Convention and Visitors Bureau (CVB). We contract for services with them using Transient Occupancy Tax funds (Hotel Tax) to bring convention, sporting events, and related attractions to Bakersfield to fill our hotel rooms. This past year, we have worked directly with the CVB Executive Committee and Board to identify a series of changes to the contract that we believe will improve the effectiveness of the use of the dollars allocated, so they can focus more on attracting events and pay less on overhead and related cost. The City, of course, has a Human Resources Department, Finance Office, Legal Department, annual audit and other services for City operations. The CVB has been paying for all these things from private sources, which only reduces the money available to attract events and activities. In addition, the CVB Board has been drawn into day to day operations more and more, with repeated staff vacancies, rather than focusing on pOlicy issues and identification of priorities for recruiting events. The board members are unpaid volunteers whose role should be on the large scale goals and return on investments for sponsored events, rather than on day to day operations. The closest model in the City structure would be the Redevelopment Agency, where the City staffs the function and the Board sets policy and does long term goals, subject to Council approvals. This contract amendment follows that model by having the City oversee the day to day operation, while the board attends to the broader priorities and issues. Other contract conditions include: . The board has agreed to payoff the building mortgage. . The building will be in joint tenancy between the City and CVB. . Future budgets will be based on normal City budgeting practices, rather than the past fixed 11 % of Transit Occupancy Tax allocation. . The term would be for ten years with two five year renewal options. . Current CVB employees will be given the opportunity to hire on with the City, subject to Civil Service and related processes. Thanks are due to the CVB Board of Directors for cooperating in a program that we believe will improve the efficiency and effectiveness of the dollars invested. August 20,2007, 10:03AM AT:mm:al S:\Admin Rpts\2007\CVB Agreement 082907.dot ADMINISlRA liVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: L\.4. U Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ August 17, 2007 CITY ATTORNEY~ CITY MANAGER If 7/ d TO: FROM: DATE: SUBJECT: Housing Element Update for General Plan Amendment No. 07-1519 (Housing Element Update) located citywide. (All Wards). 1. Agreement with Northcutt & Associates ($78,500) to prepare the Housing Element of the Metropolitan Bakersfield General Plan. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Department of Housing and Community Development (HCD) requires the City's Housing Element to be up-dated every five years. The HCD deadline for the 2008 - 2013 Housing Element is June 30, 2008. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of the Housing Element for GenerCiI Plan Amendment No. 07-1519 by Northcutt & Associates. CG: S:\Housing Element\2008 UpdatelAdmin Reporldoc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM NO: L.\-. y-. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director August 10, 2007 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ;1-1/ ti.L SUBJECT: Metropolitan Bakersfield General Plan Update. (All Wards) 1. Agreement with Pacific Municipal Consultants (PMC), a California Corporation ($698,974) to prepare the update to the Metropolitan Bakersfield General Plan. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: On April 9, 2007, the City of Bakersfield and Kern County Planning Commissions held a joint meeting to officially kickoff the update to the Metropolitan Bakersfield General Plan. The goals of this update included: . Clearly communicate the extent of urbanization projected within the City/County metropolitan boundary. . Address issues of special interest including agriculture land conversion, air quality, patterns of development, traffic and circulation. This would likely result in new mitigation programs and development policies and ordinances. . Update base data assumptions based on projected build out of the designated urban territory within the General Plan. During the month of May 2007, the City and County Planning Departments working in partnership with Greater Bakersfield Vision 2020 and the Kern Council of Governments Blueprint Program held four publiC workshops throughout the metropolitan area so that residents could provide comments regarding the update and future growth in the metropolitan area. Staff subsequently completed interviews and selection of the consultant to prepare the update, including finalization of the scope of work and cost. Consultant - City Agreement: This agreement sets forth the scope of services for the preparation of the update to the Metropolitan Bakersfield General Plan by PMC. The $698,974 cost will be split between the city and county (50/50). AUQUSt 10, 2007, 9:19AM JGE: S:\DIJnaIADMINSI2OO7lAuglB-29-General Plan Update (sgraernent).doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGEN9~ SECTION: Consent Calendar ITEM: ., .S. TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED N? ;8;rtJ IrrjaL August 15,2007 SUBJECT: Amendment No. 1 to Agreement No. 06-325 with United Pacific Services ($200,000.00, revised not to exceed $450,000.00 and extending the term for one (1) year) for the annual contract for tree trimming for the Recreation and Parks Department. (Citywide) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 25, 2006, Council awarded the Annual Contract for Tree Trimming for the Recreation and Parks Department, in the amount of $250,000.00. The Agreement includes provisions for extension for four additional one-year terms and price escalation based on the Consumer Price Index. City staff and United Pacific Services agree to an extension of Agreement with a 2.7% price escalation based on the Consumer Price Index. 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 to cover this contract amendment. Purchasing Division S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-325, United Pacific Services, AC for Tree Trimming, August 29, 2007.doc August 15, 2007, 8:27AM ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 Consent Calendar TO: Honorable Mayor and City Council DEPARTMENT HEA CITY ATTORNEY CITY MANAGER It- T/ d SUBJECT: Amendment No. 1 to Agreement No. 07-037 with KSA Partners, a California limited partnership for HOME Investment Partnership (HOME) funds (not to exceed $850,000) to develop 72 affordable family apartments at 1601 Lotus Lane. (Ward 1) FROM: DATE: Donna L. Kunz, Economic Development Director August 16,2007 RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the agreement and authorization for the City Manager or his designee to execute all necessary subordinations and documents. BACKGROUND: Last February an agreement with KSA Partners, a California limited partnership, was approved by Council for HOME funds (not to exceed $850,000) to develop 72 affordable family apartments at 1601 Lotus Lane with a minimum twenty year affordability. The project is called King's Square Family Apartments and is now under construction with an anticipated completion date by early next year. The King's Square Family Apartments will have eleven HOME assisted units. KSA Partners is now requesting an amendment to the agreement at the behalf of their investor limited partner. The total project cost is about $13,500,000 and low income housing tax credits (L1HTC) are expected to partially finance the project which will require a fifty-five year minimum affordability period. As part of the overall financing, KSA Partners will also be receiving construction financing from Washington Mutual Bank (WMB) that will convert to permanent financing upon completion, with WMB's security interest in a first position and the City's security interest in a second position. In connection with the federal tax credit financing, the developer's investor limited partner, Wachovia Affordable Housing Community Development Corporation (WAHCD), has initially agreed to make an equity investment in the KSA Partners housing development for the purchase of low-income housing tax credits granted for the project. However, in order for WAHCD to remain involved in the project, and as a condition of its equity investment, they are requesting that Agreement No. 07-037 be amended. The amendment reflects about six substantive changes (non financial) to the original agreement dealing with rights for curing of default, transferring of interest, removal of KSA general partners, amending the KSA partnership agreement, obligating condemnation proceeds from the project, and effects of foreclosure pursuant to a senior deed of trust on restrictions. The proposed changes have been reviewed by legal counsel and staff, and are acceptable for approval. However, as a note of clarification, one particular section of the amendment (Section 9) dealing with the S:\Admins\City Council\City Council Admins 2007\KSA Affordable Hsng Admin_No1_amend.doc 8/16/2007 1 :09 PM ADMINISTRATIVE REPORT Page 2 effects of foreclosure and termination of city covenants (under the proposed amendment the City must approve in its reasonable discretion) has historically not been part of the City's normal practice since HOME funded project agreements require a recorded Declaration of Restrictions enforcing long term housing affordability issues for low income tenants. In the remote event of any potential foreclosure looming and possible subsequent transfer of title, or KSA Partner's interest, W AHCD, as the limited investor, would most likely act to cure any defaults and remove and replace the general partner with an affiliate in order to continue to restrict the units (Le., maintain rent restrictions), and avert any recapture of credits by the IRS or loss of value from their investment. S:\Admins\City Council\City Council Admins 2007\KSA Affordable Hsng Admin_No1_amend.doc 8/16/200712:35 PM ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: t.{. u. . TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ fJrrU #7/ d August 15,2007 SUBJECT: Amendment NO.1 to Agreement No. 06-324 with RM Industries ($80,000.00, revised not to exceed $160,000.00 and extending the term for one (1) year) for the annual contract for janitorial and hardscape maintenance for the Amtrak Station. (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On October 25, 2006, Council awarded the Annual Contract for Janitorial and Hardscape Maintenance for the Amtrak Station to RM Industries, Bakersfield, CA, in the amount of $80,000.00. The Agreement includes provisions for extension for four additional one-year terms and price escalation based on the Consumer Price Index. City staff and RM Industries agree to an extension of Agreement with a 2.7% price escalation based on the Consumer Price Index. 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 to cover this contract amendment. Purchasing Division S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-324, RM Industries, AC Janitorial and Hardscape Maintenance for the Amtrak Station, August 29, 2007.doc August 15, 2007, 8:25AM ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: L\. v. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~- , fF1/ d August 16, 2007 SUBJECT: Approve Amendment NO.2 to Agreement 06-053 with Parsons Transportation Group Inc, for Construction Management Services for the freeway interchange construction on State Route 178 at Fairfax Road ($2,981,767). RECOMMENDATION: Staff recommends award of amendment to agreement. BACKGROUND: The work to be performed consists, in general, of Construction Management Services for the freeway interchange on State Route 178 (SR-178) at Fairfax Road. The project includes the extension of the freeway from 0.19 miles west of Morning Drive to approximately 0.12 miles east of Oswell Street Overcrossing. Security Paving Company, Inc. was awarded the construction contract for the SR-178 and Fairfax Road Interchange Project on August 15, 2007. It is anticipated that construction will begin late September 2007 for a duration of approximately 20 months. Because there is no available staff to perform freeway and interchange construction management, an outside consultant would need to be hired for Construction Management Services. Parsons Transportation Group (Parsons) is currently under contract to perform Program Management (PM) Services for the Thomas Road Improvement Program (TRIP). As part of Parsons existing PM contract, Construction Management was defined as an optional task. Parsons took on a key role during the constructability review and bidding of the SR-178 and Fairfax Road Interchange Project. In addition, Parsons Transportation Group has been providing oversight construction management services on various Capital Improvement Projects for the Public Works Department. Staff has been very pleased and impressed with their work and involvement in all the above mentioned areas. Based on this, and the fact that the cost proposal is well within industry standards for similar types of projects, the City recommends Parsons Transportation Group to be selected to perform Construction Management services for this project. August 16, 2007, 1 :21 PM G:\GROUPDAT\ADMINRPT\2007\08-29\Parsons Amendment 2 - Admin.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: L..\. W . CITY MANAGER ACOVED j/( ';flmA It- Tj telL TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: August 14, 2007 CITY ATTORNEY SUBJECT: Contract Change Order Nos. 4,5,6,7, & 8 to Agreement No. 06-303 with Griffith Company ($122,785.32 increase, for a revised not to exceed amount of $7,916,336.27) for Brundage Lane Sewer Replacement (Ward 1). RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: This project provides for replacement of a sewer line on Brundage Lane and on ilL" Street. Change Order NO.4 provides for production loss due to relocation of a gas line. This gas line was much closer to the construction of the sewer line than originally anticipated. As such, this gas line needed to be relocated. While the contractor is still able to work, this relocation has affected the normal pipe laying production rate. The contractor also assisted PG&E in this relocation effort so that it could be done in a timely manner. The contractor has agreed to accept a lump sum of $16,444.01 as full compensation for these items. Change Order NO.5 provides for revising the method of sewer pipe installation at the railroad tracks south of Dr. Martin Luther King Jr. Blvd. Utility marking, done before construction as a part of Underground Service Alert revealed the presence of a previously undetected fiber optic cable at the railroad tracks. Through extensive efforts by the contractor, it was discovered that this fiber optic cable conflicted with the planned boring operation at this location. As such, the pipe must be relocated and installed in an open trench. This will require the railroad to shut down their track over a weekend and the contractor working 24 hours a day during this time frame in order to install the pipe and keep the railroad functional. The contractor has agreed to accept a lump sum of $59,146.95 for this work. Change Order NO.6 provides for connection of twenty (20) sewer laterals to the new main line. These previously undetected sewer laterals were discovered in various locations on ilL" Street during the construction of the sewer main. Since these are active sewer laterals, they must be connected to the new main line. The contractor has agreed to accept a lump sum of $9,140.63 for this work. Change Order NO.7 provides for production loss due to the relocation of a water line. During construction, a water line was found to be in conflict with the new sewer main. This water main needed to be relocated in order for sewer construction operations to continue. The contractor assisted the utility company in the relocation of this water line so that it could be done on the same day that it was discovered. The contractor has agreed to accept $6,905.37 for this item. G:\GROUPDATIADMINRPT\2007\08-29\CCO 4-8 Brundage Sewer Project.doc SP ADMINISTRATIVE REPORT Change Order No. 8 provided for removal of a previously undiscovered concrete vault. This concrete vault, which is a part of the sewer system being replaced, is in poor condition due to corrosion caused by sewer gasses. This vault will need to be removed and the sewer pipe configuration modified in this area in order to maintain the same capacity of the sewer system. These modifications will include the addition of two sewer manholes. The contractor has agreed to do this work for the lump sum price of $31,148.36. The net cost increase of Change Order numbers 4 through 8 is $122,785.32. This provides a total cost increase of $155,425.27 (which is an increase of 2.00% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $7,760,911.00 $7,916,336.27 $ 155,425.27 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDATlADMINRPT\2007\08-29\CCO 4-8 Brundage Sewer Project.doc SP ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: '-\.')(. DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 11-1/ ~ SUBJECT: Accept bid and award contract to Floyd Johnston Construction Company Inc., ($1,361,050) to construct Northeast Trunk Sewer-Phase 2: Redbank Road Extension (along Redbank Road from Oswell to approximately 1,400 feet west of Fairfax Road) (Wards 1 and 3). FROM: DATE: Raul M. Rojas, Public Works Director TO: Honorable Mayor and City Council August 9,2007 RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: Currently, the City is constructing a sewer main east of Wastewater Treatment Plant #2 (WWTP #2) to increase the City's ability to collect sanitary sewer flows from the developing areas of Northeast Bakersfield. The first phase of this sewer main, from WWTP #2 going east along Planz Road to Oswell Street and then north along Oswell Street to Redbank Road, is essentially complete. This second phase, which is the subject of tonight's Council action, runs from the Oswell Street / Redbank Road intersection going east along Redbank Road to Fairfax Road; a portion of which will be constructed by the Kern High School District in front of the new Mira Monte High School. The final phase of this trunk sewer is planned to continue east on Redbank Road, from Fairfax Road to South Vineland Road and then north along South Vineland Road to Brundage Lane. That section of the line should be advertised for bids sometime in September 2007, with bid opening and Council award to follow thereafter. Funding for the project is from Sewer Enterprise Fund. The Engineer's Estimate for the Redbank Road Extension-Phase 2 was $2,397,980. Nine acceptable bids were received on August 7,2007 as follows: Floyd Johnson Construction 2301 Heardon Clovis, CA 93611 (Out of Town) in amount of $1,361,050.00 Don Kelly Construction, Inc. 6861 N. Oracle Rd. Tucson, AZ 85704 (Out of Town) Griffith Co. 1898 South Union Avenue Bakersfield, CA 93307 (City) in amount of $1,484,957.00 in amount of $1,581,025.00 August 10, 2007, 1:34PM G:\GROUPDAT\ADMINRPT\2007\08-29\NE Trunk Sewer Phase 2 Redbank Extension.doc Project #E5K1 00-Phase2:Redbank Extension ADMINISTRATIVE REPORT Nicholas Construction, Inc. 1975 Airport Drive Bakersfield, CA 93308 (County) in amount of $1,789,888.00 W.M. Lyles Co. 1210 W. Olive Avenue Fresno, CA 93728 (Out of Town) in amount of $1,857,963.50 Teichert Construction 13281 Golden State Blvd. Kingsburg, CA 93631 (Out of Town) in amount of $1,869,261.00 HPS Mechanical 3100 E. Belle Terrace Bakersfield, CA 93307 (City) in amount of $1,983,285.00 Specialty Construction, Inc. 645 Clarion Court San Luis Obispo, CA 93401 (Out of Town) in amount of $2,106,908.00 Blois Construction, Inc. 3201 Sturgis Road Oxnard, CA 93030 (Out of Town) in amount of $2,799,044.00 reb August 10, 2007, 1:34PM G:\GROUPDAT\ADMINRPT\2007\08-29\NE Trunk Sewer Phase 2 Redbank Extension.doc Project #E5K1 OQ-Phase2:Redbank Extension ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: L-\.". TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED tJ? /21114 A-1aL August 15, 2007 SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $95,087.12 for one additional three-axle dump truck for the Street Maintenance Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1) additional three-axle dump truck 56,000 GVW to be used by the Street Maintenance Division. Four (4) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $95,087.12 Bakersfield Truck Center Bakersfield, California Gibbs International, Inc. Bakersfield, California $95,999.68 Trans-West Truck Center Fontana, California $113,819.69 Rush Truck Centers of California Sylmar, California $116,140.29 Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center, Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Three-axle dump truck 56,000 GVW, 07-08-04.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: ~.7-. APPROVED DEPARTMENT HEAD #7 CITY ATTORNEY 0rrlA CITY MANAGER 1t1j ~ SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $115,514.60 for one (1) additional knuckle-boom trash loader truck for the Water Resources Department. (Citywide) TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director August 15, 2007 RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1) knuckle- boom trash loader truck to be used by the Water Resources Department. Three (3) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $115,514.60 Gibbs International, Inc. Bakersfield, California Bakersfield Truck Center Bakersfield, California $119,954.61 Trans West Truck Center Fontana, California $129,843.34 Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc., Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Knuckle-boom trash loader truck, 07 -08-02.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ Mrz4- It Tj d.- August 15, 2007 SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $78,615.52 for one (1) replacement two-axle 7 cubic yard dump truck for the Water Resources Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to one hundred twenty-eight (128) suppliers for providing one (1) two-axle 7 cubic yard dump truck 33,000 GVW to be used by the Water Resources Department. Three (3) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $78,615.52 Gibbs International, Inc. Bakersfield, California Bakersfield Truck Center Bakersfield, California $84,847.40 Trans West Truck Center Fontana, California $98,425.53 Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc., Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Two-axle 7 CY dump truck 33,000 GVW, 07-08-06.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: L\. t>b . TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD J'V? DATE: August 15, 2007 CITY ATTORNEY i2tn4-- CITY MANAGER It T/ a.L I SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $142,207.41 for one (1) additional four-axle roll-off bin refuse truck for the Solid Waste Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to one hundred sixty (160) suppliers for providing one (1) additional four-axle roll-off bin refuse truck for the Solid Waste Division. Three (3) acceptable bids were received in response to solicitation and are as follows. Bakersfield Truck Center Bakersfield, California AMOUNT $142,207.41 BIDDER Gibbs International, Inc. Bakersfield, California $143,247.40 Rush Peterbilt Sylmar, California $156,383.99 Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center, Bakersfield, California. Purchasing Division Kb S:\PURCHIADMIN\Four-axle roll-off bin refuse truck. 07-08-01.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: tf. c.c- . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD #'7 CITY ATTORNEY .fC?1)1,f CITY MANAGER .41/ d SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $436,316.30 for three (3) replacement self-contained patch trucks for the Street Maintenance Division. (Citywide) FROM: Nelson K. Smith, Finance Director DATE: August 15, 2007 RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing three (3) replacement self-contained patch trucks to be used by the Street Maintenance Division. Two (2) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $436,316.30 Gibbs International, Inc. Bakersfield, California Bakersfield Truck Center Bakersfield, California $443,982.15 Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc., Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Self-contained patch trucks, 07 -08-03.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: l\. dd TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./f/? DATE: August 15, 2007 CITY ATTORNEY i21rkI CITY MANAGER frT/aL I SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $119,029.61 for one replacement three-axle dump truck with demolition body for the Recreation and Parks Department. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1) replacement three-axle dump truck with demolition body to be used by the Recreation and Parks Department. Four (4) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $119,029.61 Bakersfield Truck Center Bakersfield, California Gibbs International, Inc. Bakersfield, California Trans-West Truck Center Fontana, California $122,214.80 $131,381.87 Rush Truck Centers of California Sylmar, California $147,871.28 Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center, Bakersfield, California. Purchasing Division Kb S:\PURCHIADMIN\Three-axle dump truck with demo body, 07-0B-05.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: t.t. e.t. . DATE: APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER /tr/ a 1Z. I Amendment to the FY05/06 Action Plan to add a $3.750 million Section 108 loan and a $750,000 Brownfield Economic Development grant for the acquisition of real property, economic development, job creation and relocation activities for the Mill Creek South mixed-use project. (Ward 2) Donna L. Kunz, Economic Development Director TO: FROM: Honorable Mayor and City Council August 22, 2007 SUBJECT: RECOMMENDATION: Staff recommends approval. BACKGROUND: The City of Bakersfield received notification from HUD approving a $3.75 million Section 108 loan and $250,000 Brownsfield Economic Development Grant for the Millcreek South Mixed Use Project on September 20, 2006. Upon notification of approval from HUD, staff was required to conduct a requisite HUD amendment that is needed to obtain the release of funds for the acquisition of property, economic development, job creation and relocation activities associated with the project. Upon reviewing our records, staff discovered this requirement was inadvertently overlooked at the time the project received the funding award. Staff must still comply with the HUD amendment requirements and this amendment as proposed, will comply with the HUD requirements and correctly amend the action plan for the year that the project was awarded in 2006. The Mill Creek South project site is bounded by Burlington Northern & Santa Fe railroad tracks on the north, "a" Street on the west, California Avenue on the south, and "S" Street on the east. A notice was published on July 25, 2007 requesting comments for a 30 day period and to date no comments have been received. On August 30, 2007 the City will be submitting the amendment to the Federal Department of Housing and Urban Development notifying them of the adopted changes. S:\Admins\City Council\City Council Admins 2007\Amend add mill creek south project.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Consent Calendar ITEM: 4.~. TO: FROM: Honorable Mayor and City Council CITY MANAGER APPROVED IrL ;?;rz4 1tT/~ Raul Rojas, Public Works Director DEPARTMENT HEAD DATE: July 11, 2007 CITY ATTORNEY SUBJECT: Quitclaim Deed to David R. Wilson, Trustee of the Wilson Revocable Trust, and Wilson/Brimhall, LLC, for Drainage and Flowage Easement in Parcels 1 and 6 of Parcel Map No. 11476, located at the northwest corner of Calloway Drive and Brimhall Road for incorporation into their development (Ward 4). RECOMMENDATION: Staff recommends approval of quitclaim deed. BACKGROUND: Parcel Map No. 11476 is located at the northwest corner of Brimhall Road and Calloway Drive. The commercial complex was originally designed with a private on-site sump in the northwest corner of the property. A Drainage and Flowage Easement was recorded since it does take public water from Brimhall Road. The private sump was immediately adjacent to an existing County basin for the residential tract at Harvey Court. After the easement was recorded and the sump was constructed, it was agreed by the County & City to merge the County basin and the private sump with the commercial development then taking responsibility for the maintenance. The modified sump dimensions allowed additional room for parking in the commercial center. It was agreed by the City, upon the existing Drainage & Flowage Easement, which would now partially include a parking lot, would be quitclaimed with a new document, representing the dimensions of the modified sump, recorded simultaneously. In accordance with that agreement, both documents were prepared and submitted to the City for recordation. Public Works had reviewed their request and has determined that a drainage and flowage easement is not needed where they would not be able to drain and should be formally quitclaimed. G:\GROUPDAT\ADMINRPT\2007\08.29\Quitclaim Deed PM 11476 Parcel 1 and 6.doc Mb ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: L.\. TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ......-u..$ DATE: August 17, 2007 CITY ATTORNEv/i,(l-? 1~ t!i~71. S CITY MANAGER f1-7JtJ.L SUBJECT: Grant of easement to the California Water Service Company for a pipeline to 825 East White Lane. (Ward 1) RECOMMENDATION: Staff recommends approval of grant of easement. BACKGROUND: In September of 1993, the City of Bakersfield acquired approximately 8.5 acres of property from Donald and Alice Brindle for the Bakersfield Municipal Airport's Southern Clear Zone. The property is unimproved and is being maintained by the adjoining property owner, Alan Chavez, under Agreement No. PW07-051. Previously, the Mr. Chavez accessed his property along the Kern Island Canal right of way. In consideration for allowing Mr. Chavez to cross the City's property to access his he agreed to maintain the Southern Clear Zone thereby relieving the City of the cost to do so. Now Mr. Chavez is developing his property and desires to extend water service south from White Lane. To accomplish this California Water Service Company is requiring him to obtain an easement across the City's property for their pipeline. Since the easement is within the access road this should not adversely impact the City property. August 17,2007, 11:10AM P:\MyFiles\Admin Reports\Cal Water2 ease.doc DMAls ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Hearings ITEM: 6.4.. SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ August 8,2007 CITY ATTORNEY ~ CITY MANAGER !t-rj d Resolution approving the issuance of bonds by the California Statewide Communities Development Authority to benefit Bakersfield Pacific Associates for the acquisition and construction of an 80-unit multi-family housing project located at 1629 Lotus Lane. (Ward 1) . TO: FROM: DATE: RECOMMENDATION: Staff recommends adoption. BACKGROUND: The City has received a request from the California Statewide Communities Development Authority (the "Authority") to join its Amended and Restated Joint Exercise of Powers Agreement and conduct a public hearing as required by the Internal Revenue Code in order to issue tax-exempt revenue bonds (the "Bonds") in an aggregate amount not to exceed $36 million on behalf of the Central Valley Coalition for Affordable Housing (the "Developer"). The Developer will use the proceeds of the Bonds for the acquisition and construction of an 80-unit multifamily housing project located in the City of Bakersfield (the "Projecf'). The Project will be on 6.55 acres with a pool, fitness center, and community amenities such as a recreation room, computer-learning center and barbeque area. The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and, as such, require the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. The City will not be under any obliaation to reoav the Bond indebtedness. In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the tax-exempt revenue bonds for the Project, the financing cannot proceed without the City becoming a member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the Authority's issuance of indebtedness. S:\Admins\City Council\City Council Admins 2007\TEFRA Bksfd Family Apts.doc 8/8/2007 3:26 PM ADMINISTRATIVE REPORT Page 2 The Authority is a California joint exercise of powers authority, organized and existing under the laws of the State of California (specifically, California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Under the California Government Code, cities and counties are authorized to form by agreement a governmental entity that combines the powers of such entities to perform certain governmental functions specifically outlined in the Agreement. With respect to the Authority, over 480 California cities, counties and special districts have entered into and executed the Agreement to become a member of the Authority. The Authority is authorized to assist in the financing of multifamily housing projects. There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt revenue bonds are payable solely out of the revenues derived by the Developer from the applicable Project. No financial obligations are placed on the City for project financing costs or debt repayment. S:\Admins\City Council\City Council Admins 2007\TEFRA Bksfd Family Apts.doc 8/8/20073:26 PM ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: S. b. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director APPROVED DEPARTMENT HEA~ CITY ATTORNEY _ CITY MANAGER If T/ cd..- I August 10, 2007 SUBJECT: General Plan Amendment 07-0021 (Ward 1) Cottonwood Villas, LLC, representing Cottonwood Land Holdings, LLC, the property owner, has applied for a general plan amendment on approximately 40.26 acres located on the north side of East White Lane and the west side of Washington Street, south of East Planz Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 40.26 acres. RECOMMENDATION: Staff recommends adoption of a resolution approving the Negative Declaration and approving the proposed general plan amendment. BACKGROUND: A General Plan AmendmentlZone Change (no. 05-0417) was originally approved for this project in November 2005. The General Plan Amendment changed the project site land use designation from LI (Light Industrial) to LR (Low Density Residential) on 2 acres, from HI (Heavy Industrial) to LR on 33 acres and from P (Public Facilities) to LR on 5 acres. The concurrent zone change approved the change from M-1 (Light Manufacturing) to R-1 (One Family Dwelling) on 2 acres and from M-3 (Heavy Industrial) to R-1 on 38 acres for up to 240 single family residential units. A Vesting Tentative Tract Map (No. 6871) was approved, with 222 buildable lots, for the project site on December 7, 2006, which required the land use to change from LR to LMR. A concurrent zone change was approved to change from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40.6 acres. The VTM reflects a net acreage of 25.079 acres, which placed the project over the allowable dwelling units per net acre for its current LR land use designation. VTM No. 6871 has a density of 8.85 dwelling units per net acre. The maximum allowed in the existing LR designation is 7.26 dwelling units per net acre. The Planning Commission conducted a public hearing on this general plan amendment on July 5, 2007, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. ADMINISTRATIVE REPORT Page 2 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 2, 2007, in accordance with CEQA. Air quality and cultural resource studies were completed on the project. Conditions of approval and mitigation measures which address air quality, cultural resources, airport hazards and noise, wastewater treatment plant interface, transportation fees, traffic, public and development improvements are recommended as part of the project approval. CG-5:\GPA 2nd 2007\07-{J021\Staff Reports\Admln Report.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Hearings ITEM: 6. c--. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD 9(.J- August 10, 2007 CITY ATTORNEY i1n4 CITY MANAGER fr T/ d_ I SUBJECT: General Plan AmendmentlZone Change 06-2246 (Ward 3) San Joaquin Engineering, Inc., representing Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry and Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, The Afana Family Trust, Marilyn G. Afana, and Jerrilyn S. Frazee, the property owners, has applied for a general plan amendment and zone change on approximately 12.1 acres located adjacent to Rivani Drive, generally east of Morning Drive and north of State Route 178. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 12.1 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 102-06 from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres. RECOMMENDATION: Staff-Tecommends 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 approximately 302 multi-family dwellings at 25 units per acre, with residential structures up to three floors. There will be 615 parking spaces including 302 garages and 313 open spaces. The project is part of a larger development plan on the same assessor parcel, with single family housing as well as park and community facilities. Traffic, biological, air quality and cultural resource studies were completed on the project. Conditions of approval and mitigation measures which address air quality, biological resources, cultural resources, hazardous materials, transportation fees, and traffic, publiC and development improvements are recommended as part of the project approval. ADMINISTRATIVE REPORT Page 2 The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 21, 2007, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on April 24, 2007, in accordance with CEQA. CG-S:\GPA 2nd 2007\06-2246\Staff Reports\Admln Reportdoc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Hearings ITEM: 4.d. TO: FROM: DATE: Honorable Mayor and City Council APPROVED SUBJECT: Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property owners, has applied for a general plan amendment and zone change on 60 acres, located on the east side of Edison Road (future), 1/2-mile north of Breckenridge Road. 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. RECOMMENDATION: In accordance with a request from the applicant (see attached August 6, 2007 letter), staff recommends a continuance of this item to the next general plan cycle. BACKGROUND: The City Council publiC hearing for this item was initially scheduled for May 9, 2007; in accordance with the applicant's request, the Council continued the item to this general plan cycle. The applicant has filed another request to the next general plan cycle. The proposal would allow for the development of 300 single-family residential dwelling units on the 60 acre project site. The Planning Commission conducted a publiC hearing on this general plan amendment/zone change on April 5, 2007, and unanimously recommended denial to the City Council. Staff made a presentation of the proposed project and recommended approval to the Planning Commission. The project site is currently vacant with moderately rolling hills and is designated as resource mineral petroleum and open space. The subject site is within the Breckenridge Planned Drainage Area which designates drainage facilities through this area. Various properties surrounding the project site are in the process or proposed for urban residential development, most are in connection of the recently approved Riverview project (GPAlZC 06- 0961) located 1/2-mile north of the project site and the proposed Watermark project (GPAlZC 06-0960) located immediately west of the project site. The Planning Commission denial was based primarily on ADMINISTRATIVE REPORT Page 2 isolation from other urban developments, inaccessibility, lack of infrastructure, and premature development. This would be the first urban designation within all of Section 28. Mr. Sam Crawford and Mrs. Bonnie Crawford, representing "Save Our Animals", Ms. Louise Stevenson, Ms. Pauline Bartlett, and Mr. Jim Lamberson submitted comment letters to the Planning Department dated for February 1, 2007, February 11, 2007, March 29, 2007, and April 5, 2007, which are included in the back-up for this item. Ms. Terrie Stoller with Stoller Family Farms addressed the Planning Commission during the hearing and expressed her opposition to the proposal. Ms. Stoller requested the Planning Commission deny GPAlZC 06-0494 on the grounds of proposing premature and incontiguous residential development. She stated that the proposed Watennark project located immediately to the west is long way off from completion and that the proposed 60 acre project site will be isolated from existing development. Ms. Stoller further stated that she would like to encourage the city to wait until there is a tangible plan in hand and the proper infrastructure is in place. Ms. Louise Stevenson expressed her opposition to the proposal. She stated that the proposed project is inconsistent with the existing rural residential, estate residential, and suburban residential land uses located immediately to the west and further south of the project site. Ms. Stevenson further stated that the existing agricultural zoning surrounding the project site allows for the keeping of large farm animals and agricultural uses that may cause a nuisance to future residents. Ms. Stevenson added that there is no infrastructure for roads, utilities, and telephones and that the County of Kern had recently rejected thirteen plans due to the lack of infrastructure. Terry Boner expressed his opposition to the proposal. He stated that this area is full of clay and the roads become very hazardous and slippery. Mr. Jim Lamberson expressed his opposition to the proposal. Mr. Lamberson owns a horse ranch adjacent to the 60 acre project site. He stated his concerns over the lack of infrastructure for roads and the need to mitigate flood planes within the proposed 60 acre project site. Mr. David Dominguez expressed his opposition to the proposal. Mr. Dominguez would like to include additional cultural mitigation measures in this proposed 60 acres project site. Mr. Roger Mcintosh, with Mcintosh and Associates representing Douglas and Sandye DeBerti, addressed the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. Mcintosh stated that there are a number of proposed developments along Highway 178 and that there is a one mile separation between the edge of the urban growth area and the 60 acre project site. Mr. Mcintosh further stated that there are enough buffers surrounding the project site that meet all city requirements for a separation from animals and agricultural uses. Mr. Mcintosh also added that future residents within the project site will be notified of the agricultural uses surrounding the project site. Mr. Mcintosh stated that there are no flood channels and no designated flood zones within the property. Eric Powers, a partner with the De Berti family, addressed the Planning Commission during the publiC hearing and spoke in favor of the proposal. Mr. Powers stated that the DeBerti family owns 100% of the mineral rights and have rehabilitated the 60 acre project site. Mr. Powers further state that he would like to see the proper infrastructure in place and development done correctly. Planning Commission expressed concerns regarding premature development of the 60 acre project site. Commission feels the proposal is isolated from other developments, inaccessible, and lacks infrastructure. Commission commented on the annexation of the project site and that the Sphere of Influence only offers ADMINISTRATIVE REPORT Page 3 up a protection barrier and does not indicate the opportunity to develop prematurely. Commission also expressed concerns over lot size inconsistency based on the adjacent land uses and zoning and would be more enthusiastic about supporting the project if the adjacent land uses were already developed with the opportunity to provide the proper infrastructure. 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 March 7, 2007, in accordance with CEQA. S:\GPA 2nd 2007\06-0494\Staff Reports\Admin Report 08-29-07 (Continuance).doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Hearings ITEM: 5. e..-. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Jf[ V I8JM Irr/ ~ I July 5, 2007 SUBJECT: Resolution ordering the vacation of a 25-Foot Wide Sewer Pipeline Easement at the northeast corner of Stockdale Highway and Buena Vista Road (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order to do this, they want the old sewer easement to be vacated. The sewer pipeline was relocated in 1997. 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. The utility companies serving the area have been notified by mail. No objections were received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from said owners as of the date of this report. The proposed vacation was approved by the Planning Department on April 4, 2007 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1544 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of July 18, 2007. Notice of this public hearing has been duly advertised and posted as required by law. ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: '3 .f. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER AP~OVED t!1 MtU <<1 ~ August 21,2007 SUBJECT: Public Hearing to consider Resolution ordering the vacation of a 15-Foot Wide Public Utility Easement located north of Stockdale Highway and east of Buena Vista Road (Ward 4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order to do this, they want the old sewer easement to be vacated. The Public Utility Easement is not in use. 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. The utility companies serving the area have been notified by mail. No objections were received as of the date of this report. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from said owners as of the date of this report. The proposed vacation was approved by the Planning Department on June 11, 2007 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CECA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1545 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of July 18, 2007. Notice of this publiC hearing has been duly advertised and posted as required by law. G:\GROUPDAl\ADMINRPT\2007\08-29\1545 Admin-Hearing Final PUE N Stockdale E of Buena Vista. doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Hearings ITEM: f5.a. ....J TO: Honorable Mayor and City Council DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ft-rj ~ SUBJECT: Public hearing on Resolution of Necessity to determine whether the public interest and necessity require acquisitIon by eminent domain of "right-of-way" property situated at the southwest corner of Mohawk Street and Rosedale Highway, Bakersfield, Kern County, California (Gribben & Grealish property) for the Westside Parkway project. (Code Civ. Proc. ~ 1240.010) (Ward: N/A) FROM: DATE: Virginia Gennaro, City Attdt'ney August 14,2007 RECOMMENDATION: Staff recommends adoption of tHe Resolution. BACKGROUND: The Wests ide Parkway Project (Project) will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near Highway 99. Right- of-way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Rdad to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern term inus of the Project. The Project will also include the constructioh of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street; the extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue; and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. The subject real properties (APN 332-260-22 and APN 332-260-27) are located in the County and are necessary for the Rosedale Highway/Mohawk Street Widening and Mohawk Street Grade Separation. The County gave its consent to the acquisition of these properties on July 18, 2006. The proposed real prbperty located in APN 332-260-22 is a strip of land consisting of approximately 2,27 4 s~. feet and bordering Mohawk Street. A temporary construction easement for approximately 9,821 sq. feet is also being sought. The proposed real property located in APN 332-260-27 is a strip of land, consisting of approximately 840 sq. feet, bordering Mohawk Street. A temporary construction easement for approximately 3,360 sq. feet is also being sought. Both parcels will remain economically viable. August 14, 2007, 12:45PM S :\COUNCIL \Admins\07 -08 Admins\G ribben&Grealish. RON .dot ADMINISTRATIVE REPORT An original offer of $18,642.00 for APN 332-260-22 and $1,470.00 for APN 332-260-27 was mailed to the owners on July 13, 2005. Negotiations followed without result. A second offer of $28,000.00 for both properties Was mailed on August 9, 2006. More negotiations were held without result. The most recent ottet of $35,800.00 was hand delivered to the real property owners on July 10, 2007. Negotiations continue between the real property owners and City Staff. However, it does not appear tHat an agreement will be reached in a timely fashion. Therefore, it is necessary to begin the cbhdemnation process without further delay. Staff recommends adoption of tHe RON authorizing acquisition by eminent domain of that certain real property owned by James E. Gribben, Carole A. Gribben, John E. Grealish, Jr., Debra G. Grealish, John E. Grealish, St., and Bonnie R. Grealish situated at the southwest corner of Mohawk Street and Rosedale Highway. A proposed RON is attached to this report and includes legal descriptions and plat maps of the real property to be acquired. All statutory findings have been made and are set forth in the RON. RMS:lsc August 14,2007, 12:44PM . . S:\COUNCIL \Adm i ns\07 -08 Admins\G ribben&Grealish. RON .dot ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: . h . TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD August 10, 2007 CITY ATTORNEY CITY MANAGER APPROVED 71/ ~ ;:rTj t~ SUBJECT: General Plan Amendment/Zone Change 07-0514. (Ward 6 Upon Annexation) Jim Clawson Jr., the property owner, has applied for a general plan amendment and zone change on 1.55 acres located along the south side of Taft Highway, generally west of Mountain Ridge Road (future alignment), between Ashe Road and Stine Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from RR (Rural Residential) to GC (General Commercial) on 1.55 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zone Map No. 142-03 from RS-20A (Residential Suburban - 20 acres minimum Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Combining Zone) on 1.55 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 commercial uses on the 1.55 acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change and recommended approval to the City Council on July 5, 2007. No individuals or agencies were present at the hearing and the applicant agreed to all conditions and mitigation for the project. The applicant requested a general plan amendment to General Commercial and a zone change to C- 2/PCD (Regional Commercial/Planned Commercial Development) which would allow for the development of commercial uses on the 1.55 acre project site. City staff and the Planning Commission recommended a C-1/PCD (Neighborhood Commercial/Planned Commercial Development) zone that would allow commercial uses compatible with the future residential adjacent to the project site. The applicant was in agreement with this action. Existing access to the site is via Taft Highway (State Route119), which is designated as an Expressway on the Metropolitan Bakersfield Circulation Map. The existing two structures on the site are vacant. Once the site is developed, access will be limited to the future alignment of Mountain Ridge Drive (collector) along the 'east side of the project site. The proposal would provide for commercial ADMINISTRATIVE REPORT Page 2 development on a site that has limited development potential. The project site is configured and located in relation with future developments in the vicinity that will not allow for a feasible development other than commercial. This is primarily due to the required expansion of Taft Highway and Mountain Ridge Drive, along the northern and eastern boundaries of the site, with access via the future alignment of Mountain Ridge Drive. The remaining site, once the expansion of Taft Highway and Mountain Ridge Drive is constructed, would contain less than 1.5 acres. The proposal would provide for commercial services to both the traveling public and the adjacent residential areas surrounding the site. Staff would restrict the development of the site to allow neighborhood commercial uses which would not be obtrusive to the residential development adjacent to the site. 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 18, 2007, In accordance with CECA. MO:dc - S:\GPA 2nd 2007\07-Q514\Adm SR\Admin Report 07-Q514.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Hearings ITEM: . i. Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ August 13,2007 CITY ATTORNEY ~ CITY MANAGER A- r/6-1- I General Plan Amendment/Zone Change 06-1689, appealed. (Ward 7 upon annexation) Jim Marino, Marino & Associates representing KC Land Investor V, LLC, the property owner, has applied for a general plan amendment and zone change on 40 acres located at the northwest comer of Engle Road and Wible Road. An appeal of the Planning Commission's decision was submitted by Jim Marino. 1. Resolution denying the appeal and the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 40 acres. 2. Resolution denying the appeal and the Zone Change from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) Zone on 40 acres. RECOMMENDATION: Staff agrees with the applicant's request and recommends that this item be referred back to city staff. BACKGROUND: City staff received the attached letter from the applicant requesting that this item be referred back to staff. The proposal would allow for the development of 350 homes on the 40 acre project site. The Planning Commission conducted a public hearing on the proposed general plan amendment and the concurrent zone change to LMR and R-2 (Limited Multiple Family Dwelling Zone) on 40 acres and recommended denial of the entire project to the City Council on June 21, 2007. The adjacent area to the north of the project site was recently annexed to the City (Annexation No. 506, completed April 16, 2007). The annexation area is zoned A (Agriculture). The property remains under a Land Conservation (Williamson Act) Contract. All properties surrounding the project site are in agricultural use and are not currently proposed for urban development. The properties lying to the south, east, and west are all zoned for Exclusive Agriculture. Surrounding properties consist of cultivated agricultural land to the north, west and portion of the area south of the site. South of the site is developed with two rural residences and a landscape nursery. East of the site is developed with a small dairy operation and agriculture. The dairy operation has a potential for 200 cows, based on approvals by the County of Kern. ADMINISTRATIVE REPORT Page 2 Richard Alec, who owns a nursery south of the project site, expressed concerns with the proposal at the public hearing. His concerns dealt with road improvements/access to the site, the proposed density is not compatible with the surrounding uses, and sewer/septic issues. Tom Sandrini who is a farmer in the area, Robert Sandrini who owns property in the area and Jim Boonie who also is an owner in the area, expressed concerns with the timing of the site turning to urban, creating an "island" of urban in the middle of agricultural uses, and the need for infrastructure (sewer system and roads improvements) for the project at the hearing as well. At this time, the proposal would not provide for the logical extension of residential development, the project site is not contiguous to similar or other planned development. The area east of Wible Road is used as a diary. Staff is in agreement with the Planning Commission recommendation. The public works department is anticipating that a sewer assessment district would be formed by the property owners from Gosford Road to Wible Road along the south side of Taft Highway to Engle Road. It is anticipated that this assessment district would take several years to form and install the improvements. 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 February 12,2007, in accordance with CEQA. The Planning Commission did not recommend adoption of the Negative Declaration. The applicant has appealed the Planning Commission decision to deny the project. MO:dc - S:\GPA 2nd 2007\06-1689\Admin\Adm Rpt refer back 06-1689.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Closed Session ITEM: L,. 0. .\ b . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD I/~ CITY ATTORNEY l/~ CITY MANAGER_A-TI a..L , August22,2007 SUBJECT: 1. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (Heinemann GPA issue). 2. Conference with Legal Counsel- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). · City of Bakersfield v. City of Shafter, et al Kern County Superior Court Case No. S-1500-CV-260277-RJO · City of Bakersfield v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW · City of Bakersfield v. Oi/dale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384-LPE VG:dll S:ICQUNCILlCI SesslAdminsl07 -OBIOB-29-07ExislLit3PotLit.doc ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Presentations ITEM: Ii. CA . DEPARTMENT HEAD CITY ATTORNEY CITYMANAGER /f1jaL SUBJECT: Presentation by Mayor Hall of Certificates to Kern River Volleyball Club's 13-and-under Elite Team Champions TO: FROM: DATE: Honorable Mayor and City Council Mayor Harvey L. Hall August 17,2007 OVED RECOMMENDATION: BACKGROUND: ndw August 17, 2007, 1:28PM S:\MAYORIADMIN\2007\KERN RIVER VOLLEYBALL.dot ADMINISTRATIVE REPORT MEETING DATE: August 29,2007 AGENDA SECTION: Presentations ITEM: I'. b . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER 1+7/ a.L SUBJECT: Presentation by Mayor Hall of Proclamation to Gregory D. Bynum, proclaiming September 6,2007, as "Gregory D. Bynum Day". FROM: Mayor Harvey L. Hall DATE: August 20, 2007 RECOMMENDATION: BACKGROUND: ndw August 20,2007, 3:01PM S:\MAYORIADMIN\2007\EUGENE VOlLAND DAY.DOC ADMINISTRATIVE REPORT MEETING DATE: August29,2007 AGENDA SECTION: Hearings ITEM NO: I Lf, t\,. APPROVED DEPARTMENTHEAD ~~ CITY ATTORNEY 1/a- CITY MANAGER ~ SUBJECT: Jason's Retreat has applied for Modification No. 07-1040 to reduce the required off-street parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C- 1 (Neighborhood Commercial) zone district located at 2000 Baker Street. An appeal of the Board of Zoning Adjustment's decision was submitted by Jason's Retreat and J. McFadden Rentals, property owner (Ward 2). TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director August 17, 2007 1. Resolution denying the appeal and denying Modification No. 07-1040. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On June 21, 2007, the Board of Zoning Adjustment (BZA) considered a request to reduce required off-street parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C-1 (Neighborhood Commercial) zone district located at 2000 Baker Street. Prior to the BZA hearing, correspondence was received from Douglas Campbell of 605 Knotts and William McCalla, a Certified Public Account whose office is directly across the street at 623 Grace Street. Mr. Campbell stated that although he has no problem with the facility itself he objects to the proposed lack of parking. Mr. McCalla stated that his parking lot is being used, without his consent, by customers of other businesses in the area and that in his opinion the proposal would worsen the current on-street parking shortage and requested denial of the proposal. Dan Neil, speaking for Hulda Magnus of 2001 Baker Street, stated during the BZA hearing that many of the neighbors in the area are against the proposal. He expressed concern about the ability of two facility staff to oversee 26 residents living one block from a park and a school, stated that he is afraid that the residents would overflow into the park and surrounding community, and urged denial of the proposal. During the BZA hearing, a representative for the property owner, Jonathan Hudson, stated that after becoming aware of staff's recommendation to require the partial development of the unimproved alley along the western property boundary they would like to modify their proposal since they have plans to close the alley and develop the surrounding properties to the north and west which are also owned by the owner of the subject property. He stated that they would like to provide parking off-site in an existing two-car garage on the property immediately to the west, not improve the alley, and continue with the application to close the alley and develop the whole comer. Subsequent discussion occurred surrounding conditions of approval related to alley improvements and the location of proposed parking both on-site and off-site, all which were different from the applicant's proposal and staff's recommendation. No agreement between the BZA and the applicant could be reached. The proposed August 21, 2007, 1:3gPM S:lDanaIADMINS12007\AugIB-29-1040 8ZA MOD. doc ADMINISTRATIVE REPORT page 2 modification was denied by the BZA by operation of law as a result of the failure of a motion to approve the project as originally proposed, subject to conditions of approval. The applicant and property owner filed an appeal of the BZA's decision on July 2, 2007. The letter of appeal does not contain the reasons why the appellants believe the BZA's decision should not be upheld. Pursuant to Bakersfield Municipal Code Section 17.64.060.B, the bllowing findings must be made in older to grant a modification: 1. The granting of such modification would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and 2. The granting of the modification is necessary to permit an appropriate improvement or improvements on a lot or lots, including but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero-lot-line or other atypical subdivision development; and 3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of the Bakersfield Municipal Code. With respect to required finding #1 above, based upon the correspondence submitted prior to the BZA hearing from a neighborhood resident and the owner of a business across the street from the subject property and testimony received during the BZA hearing from a neighborhood resident, the granting of the modification could be materially detrimental to the public '.IWlfare and injurious to properties in the immediate \1cinity. With respect to required finding #2 above, the granting of the modification is not necessary to permit appropriate improvements on the subject property as it is a fully developed property containing a single-family residence with two accessory detached guesthouses. The size and shape of the 20,250 square foot subject property, either by itself or in combination with the adjacent vacant properties to the north and west which are owned by the owner of the subject property, are suitable to accommodate the redevelopment of the property with commercial uses pursuant to the property's C-1 zoning without the need for a modification. Because two of the three required findings cannot be made to allow the requested modification, it is recommended that the appeal be denied. August 21,2007, 1:39PM S:lDansIADMINS\2oo7\Aug\8.29-1040 BZA MOD. doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: I L.{. . b . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~A CITY ATTORNEY .l!Ztl.!::-v August 9,2007 TI CITY MANAGER g'l d Public Hearing to consider Resolution denying the appeal by Marcario Hernandez, the applicant, and upholding the Board of Zoning Adjustment decision denying Conditional Use Permit No. 07-1044 which would permit the operation of a landscaping business, including outdoor storage of up to six vehicles, trailers, equipment and landscape materials, on a 2.5-acre single-family residential lot in an R-S (Residential Suburban) and R-110K (One-Family Dwelling - 10,000 sq. ft. minimum lot size) zone district located at 3649 Hosking Avenue. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On July 10, 2007, the Board of Zoning Adjustment (BZA) denied a proposed conditional use permit to legalize an existing landscaping business that is operating beyond the limitations of the property owner's home occupation permit. The applicant requested a conditional use permit to allow for the storage of up to six commercial vehicles, trailers, equipment and landscape materials on a 2.5-acre single-family residential lot. The applicant submitted two petitions in support of their proposal, one of which included 31 persons residing within one-half mile of the subject property and another which was limited to residents of abutting properties and other properties in the immediate vicinity. With respect to the latter petition, occupants of all abutting properties signed the petition with the exception of one; however, as described below two of the persons who signed the petition spoke during the BZA hearing, one in opposition and another who didn't clearly express support or opposition. Robert and Cynthia Schellenberg of 8301 Tamworth Street, which abuts the subject property, submitted a letter in opposition to the proposal. Their objections are based on air pollution issues due to dust from the dirt stockpile within the rear portion of the site blowing into their yard and swimming pool as well as noise from vehicles and equipment. They further stated that the site is in a residential area which currently has no other businesses. Although they recognize that the applicant's large lot is amenable to various uses, such uses should not be conducted at the expense of neighboring properties. They concluded that if the conditional use permit is granted, they would request that a block wall be required to help alleviate air and noise pollution, that no fertilizer be stored near the property line, and that no use of equipment be allowed during early morning or late evening hours. A number of neighbors spoke in favor and in opposition to the proposal during the BZA hearing. Tommy Guerra of 3602 Essendon Court stated that the applicant has made a lot of improvements over the past couple of years and that he has no problem with the proposal. Greg Oja of 3603 Essendon Court stated that he is not totally opposed to staff's recommendation (to deny the proposal) and that they're trying to state their concerns in a neighborly fashion. He further stated that although he signed the applicant's petition, they are concerned about opening up the opportunity for others in the area wanting to turn their properties into commercial facilities. ADMINISTRATIVE REPORT Page 2 Richard Paglia of 3607 Essendon Court apologized to the applicants, stating that although he signed the petition in support, after speaking to his wife and other neighbors he is no longer in favor of approval. He stated that the neighborhood should not be disturbed at 6 A.M. in the moming because Mr. Hemandez's workers are banging things around in the yard while loading the trucks, and that a lot of dust gets into their swimming pool due to traffic on the site. He stated that he guesses property values will plummet in the area from having a business next door. He stated that things have quieted down recently since filing their application, but that he doesn't know if that will be an ongoing situation or just until the permit is approved, and that he hopes that it will be quiet from now on. AI Johnson of 3608 Alice Meadows Court submitted a letter in opposition and spoke during the BZA hearing. He stated that a large amount of dirt is blown into the neighboring properties to the south, including their swimming pools on a consistent basis and from vehicles on the site in the moming and evening. He stated that the workers sit around and play music after work and load their equipment in the moming when the neighbors are trying to sleep, so the operation does impact the neighbors to the south tremendously. He further stated that there are other people in opposition to the proposal who weren't able to attend the meeting. Diane Moore of 3612 Alice Meadows Court stated that she spoke wth the applicant and that although they're trying to accommodate the concerns of the neighbors she still has some concems. She is concemed about how big the operation could get, citing a landscaping company on Wible Road with large boulders and a lot of activity, stating that the applicant's business could grow. She is also concemed about the potential for other neighbors on similarly large properties in the area wanting to establish businesses. She stated that her property is directly behind the subject property and that the applicant has put a tarp over the mound of dirt which cuts down the dust which she appreciates and that there used to be a lot of noise which was a concern, but that lately it's been a lot quieter. She stated that theyre out of town a lot, so they don't get the same impact the other close neighbors do. The intent of the Zoning Ordinance is that a home occupation be conducted so that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations are intended to ensure that such businesses retain the residential environment of the property and are compatible with the residential character of the neighborhood. Conditional use permits may be granted if they are found to be essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the general plan. The BZA found that the intensity and nature of the proposed use is incompatible with the surrounding neighborhood and is inconsistent with the site's residential land use designation. The applicant filed an appeal of the BZA's decision on July 10, 2007. The applicant's appeal letter states that they were not given the opportunity to respond to the issues raised by staff and neighbors and that the BZA lacked relevant information. Persons wishing to speak in opposition to the staff recommendation to deny the proposal were given the opportunity to speak first; among those who spoke in opposition to the staff recommendation was Jim Marino, the applicant's representative. The appeal letter lists the following issues raised by staff and neighbors and the applicant's brief responses to these issues. 1. Issue: A dirt stockpile within the southern portion of the property. ResDonse: The dirt has been watered down and covered with a tarp. 2. Issue: Dust from vehicles. ResDonse: Unpaved vehicular use areas would be covered with gravel. 3. Issue: Noise generated from loading/unloading. ResDonse: All loading occurs in the evening. 4. Issue: Use is presumed to be a landscaping business. ResDonse: Use is actually a gardening business, not a landscaping business. Because the required findings cannot be made to grant the requested conditional use permit, it is recommended that the appeal be denied. S:\BZA_SPR\CUP\2007\07-1044 3649 Hosking landscap bus\Admin Rpt Appeal 07-1044.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD August 10, 2007 CITY ATTORNEY CITY MANAGER APPROVED ~ V?- A-TjtLR- SUBJECT: Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport; Jim Marino, Marino/Associates, representing Santa Barbara Capital (property owner), has applied for an amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport, changing a portion of Zone B-2 to Zone C. Jim Marino has appealed the Planning Commission decision. 1. Resolution approving the Negative Declaration, upholding the appeal and approving the amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport. RECOMMENDATION: Staff recommends adoption of a resolution, approving the Negative Declaration, approving the appeal, and approving of the Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport changing Zone B-2 as shown on Exhibit A-2. BACKGROUND: The amendment to the Airport Land Use Compatibility Plan (ALUCP) for the Bakersfield Municipal Airport would shorten Zone B-2 south of the runway from 10,000 feet to 7,000 feet. The area removed from Zone B-2 would be designated Zone C. Zone C allows for residential development with a density of 15 dwelling units per acre or fewer. Exhibit A-1 shows the subject site proposed to change from a Zone B-2 to a Zone C. The Planning Commission conducted a public hearing on January 4, 2007, at which time a continuance was granted until January 18, 2007. A public hearing was held on the amendment to the ALUCP on January 18,2007 and continued the public hearing on June 7,2007. On June 7, 2007, the Commission recommended disapproving the Negative Declaration and disapproving the amendment to the ALUCP to the City Council. Commissioners Blockley, Johnson, Tragish and Tkac voted in favor of the disapproval based on health and safety factors. Commissioners Stanley, McGinnis and Andrews opposed the disapproval because they believed that the applicant's airport land use consultant adequately addressed the safety and health concerns. No one spoke at the January 4, 2007 public hearing. During the January 18, 2007 public hearing, Christian Gadbois, a member of Aircraft Owners and Pilots Association (AOPA) and a pilot for SRT August 21, 2007, 2:09PM Planner PE / S:\Dana\ADMINS\2007lAug\8-29-Bksfld Municipal Airport. doc ADMINISTRATIVE REPORT Helicopters, stated that pilots would like the opportunity to be involved in providing comments on the proposal. AOPA provided a letter in opposition to the change in Zone B-2 prior to the June 7, 2007 public hearing (See Exhibit H for the letter and Exhibit F for the staff memo in response). Only the applicant and Trisha Hager spoke during the public hearing on June 7, 2007. No one spoke in opposition to the amendment. An appeal of the recommendation of the Planning Commission by Mr. Jim Marino was received in the City Clerk's office on June 12, 2007. On March 8, 2006, City Council approved Zone Change 05-1507 to change land within Zone B-2 from A (Agriculture) to R-1 (One Family Dwelling) including Condition of Approval No.8 which stated: "Within five months of the effective date of this zone change, the applicant shall submit an application to the City to amend the B-2 zone of the Kern County Airport Land Use Compatibility Plan (1996) (ALUCP) from 10,000 feet to 7,000 feet which will remove the project site from the B-2 zone. The applicant will pay application fees and all costs for required studies. If the amendment application is not submitted in five months or the amendment to B-2 zone change is denied, the Planning Director may initiate a zone change to revert the zoning in the B-2 back to a zone designation compatible with the B-2 zone." Zone B-2 specifies a maximum density of 0.5 dwelling units per acre. The R-1 zone allows one dwelling unit per 6000 square feet, or the equivalent of 7.26 dwelling units per acre. The City Council has the authority to amend the ALUCP because the ALUCP directs local jurisdiction to update their specific Compatibility Plan in Policy 1.2.2 Updating the Plans: "Upon adoption of the relevant Compatibility Plans by the County and affected cities, each separate jurisdiction shall be responsible for updating the individual airport policies, compatibility maps, and background data as it pertains to the airport(s) within each separate jurisdiction. The agency will forward copies of the amended individual airport plans to the Department of Transportation, Division of Aeronautics." PROJECT ANALYSIS: Exhibit B, located in the "Backup" section, is a diagram of the Bakersfield Municipal Airport, showing the approach runway (Runway 34) and the departure runway (Runway 16). Exhibit C shows the Current Land Use Compatibility Plan for the Bakersfield Municipal Airport. Zone B-2 (Extended Approach/Departure Zone) is shown on the south side of the airport runway and is aligned with the approach to the runway. There is no B-2 zone on the departure side of the runway. Zone B-2 was designated in the Airport Land Use Compatibility Plan (ALUCP) as the Extended Approach Zone. The maximum residential density allowed in this area is 0.5 dwelling units per acre, and there is a requirement for 30% of open space. The requirement for open space is to allow pilots an extra emergency landing area if problems occur on descent. Currently, 60% of the B2 zone, in the area closest to the runway, is developed by an existing housing development, Rexland Acres. (Exhibit C) This development existed prior to the adoption of the ALUCP. The ALUCP utilized the California Airport Land Use Planning Handbook (1993 edition) (Handbook) for August 21. 2007, 2:09PM Planner PE / S:\DanaIADMINS\2007\Aug\8-29-Bksfld Municipal Airport. doc ADMINISTRATIVE REPORT the formulation of its "Primary Compatibility Criteria Zones" of A, B1, B2, C, D and E (Exhibit C). The Handbook's Zones are numbered 1 through 6. Handbook Zone 4 is the equivalent in purpose to ALUCP Zone B-2. While the Handbook gives guidelines that it should be no less than 7,000 feet, the ALUCP extends Zone B-2 to 10,000 feet. The addition of the 3000 feet to the end of Zone B-2 provides additional open space, but it does not give open space where statistically most accidents occur; that is, closer to the runway. According to the Handbook, for airports with runways that are of similar length to Bakersfield Municipal Airport's, the area beyond 7000 feet has shown a low frequency of accidents occurring. ENVIRONMENTAL REVIEW AND DETERMINATION: Zone B-2 of the Airport Land Use Compatibility Plan is surrounded by the Bakersfield Municipal Airport, open space and existing residential dwellings. 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 the Initial Study is attached. Special studies were provided by the applicant for consideration in the Initial Study. (Preliminary Evaluation of ALUC Safety Zones, Walter E. Gillfillan and Associates (March 2006)) The study evaluated Zone B-2 in terms of obstructions to air navigation, noise compatibility and risk exposure to the public. Exhibit D shows the noise contours as shown in the ALUCP. Exhibit E outlines the conclusions of the Walter E. Gillfillan and Associates evaluation. On February 1, 2007, the Initial Study/Negative Declaration was sent to the California State Clearinghouse for distribution to agencies involved in CEQA review (State Clearinghouse # 2007021003). The comment period ended on March 2, 2007. From this process, comments were received from California Department of Transportation, Division of Aeronautics. Additionally, Kern County Planning Department and County of Kern Department of Airports commented on CEQA issues related to noise, hazards, land use/planning and population housing. Kern County also questioned the ability of the City of Bakersfield to modify the ALUCP without the County's approval. Comment letters are shown in Exhibit H. The applicant utilized Chevalier, Allen & Lichman, LLP, Attorneys at Law to provide responses to those comments (Exhibit I). Exhibit F is a summary table of responses to CEQA issues. CONCLUSION: Staff recommends approval of the amendment of the Airport Land Use Compatibility Plan adopted by the City of Bakersfield to change the length of the Extended Approach/Departure Zone (Zone B-2) for the Bakersfield Municipal Airport from 10,000 feet from the start of Runway # 34 (approach runway) to 7,000 feet. Sufficient justification has been provided by Walter E. Gillfillan and Associates in the "Preliminary Evaluation of ALUC Safety Zones" and from the responses from Chevalier, Allen & Lichman, LLP on behalf of the applicant to demonstrate that the public's exposure to excessive noise and safety hazards within areas around public airports are minimized to less than significant. August 21, 2007, 2:09PM Planner PE / S:\DanaIADMINS\2007\Aug\8-29-Bksfld Municipal Airport. doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council SUBJECT: APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER A--l u.L General Plan AmendmentlZone Change 06-2275, appealed. (Ward 1, upon annexation). August 10, 2007 Jim Marino, Marino/Associates representing the Garone Family Trust, the property owner. applied for a general plan amendment and zone change on 49.52 acres located at the northwest comer of East Panama Lane and Cottonwood Road. An appeal of the Planning Commission decision was submitted by Jim Marino. 1. Resolution approving the Negative Declaration, approving the appeal and adopting the general plan amendment changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 49.52 acres. 2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and amending Zoning Map No. 124-20 from A (Agriculture Zone) to R-1 (One Family Dwelling Zone) on 49.52 acres. RECOMMENDATION: Staff recommends adoption of a resolution. approving the Negative Declaration, approving the appeal and approving the general plan amendment and first reading of the ordinance. BACKGROUND: This proposal will allow for the development of 300 single family dwelling units. The Planning Commission conducted a public hearing on the proposed general plan amendment/zone change on June 21, 2007, and recommended denial to the City Council. Commissioner Andrew did not agree with the denial. Commissioner Andrew stated that his decision was based on the approval of the property to the north of this site to single family residential by the City Council at a previous action. The applicant submitted an appeal to the decision of the Planning Commission. No agencies were present at the Planning Commission public hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Andrea Selvidge of the Law Offices of Young Wooldridge representing Ken Nelson, Jr. and Carla Nelson, Jr., who reside south and east of East Panama Lane and Cottonwood Road, submitted a letter opposing the proposed project and staff recommendation to approve the project. The letter stated that additional analysis was needed to evaluate the Farmer John Egg Poultry Farm, Air Quality, Agricultural Land Conversion, and Traffic Study. Staff contends that professional studies for the project proposal adequately analyzed all the impacts associated with this opposition. The ADMINISTRATIVE REPORT Page 2 applicant at the Planning Commission public hearing presented facts to address concerns raised by Ms. Selvidge. The City Council recently approved the change of land use and zoning for the property north of the project site to LR and R-1. The property north of the site is adjacent to the chicken ranch and feed mill that was brought up by Ms. Selvidge. Odor Analysis and an Acoustical Study were prepared to analysis any impacts associated with the chicken ranch and feed mill. Mitigation measures from both the Odor and Acoustical Studies were adopted to address these issues and the project was adopted. Staff recommended similar mitigation measures from those same studies for this project to address these issues. 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 February 8,2007, in accordance with CEQA. MO:dc\\S:\GPA 2nd 2007\06-2275\Admin SR\Admin Rpt 06-2275.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ August 10, 2007 CITY ATTORNEY~ CITY MANAGER ,4-7 t"tL General Plan Amendment/Zone Change 06-2254, appealed. (Ward 3) SUBJECT: Steven Boneso, the property owner, represented by Mcintosh & Associates, has applied for a general plan amendment and zone change on approximately 20 acres generally located 600 feet north of Paladino Dr, and is divided by the future alignment of Rivani Drive. An appeal of the Planning Commission's decision was submitted by Roger Mcintosh from Mcintosh & Associates. 1. Resolution denying the appeal and the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 20 acres. 2. Resolution denying the appeal and the Zone Change from R-1 (Single-Family Dwelling Zone) to R-2/PUD (Limited Multiple Family Dwelling Zone Planned Unit Development) on approximately 20 acres. RECOMMENDATION: Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the zone change. BACKGROUND: The proposal would allow for the development of 348 units on the approximate 20 acre project site. The Planning Commission conducted a public hearing on the proposed general plan amendment and the concurrent zone change to HMR and R-2/PUD on approximately 20 acres and recommended denial of the entire project to the City Council on July 5, 2007. The subject property is currently within the City of Bakersfield, and a tentative tract map (6730) for single-family residential units has already been approved for the project site under the existing R-1 zoning. All properties surrounding the project site to the north, south, and west are open space or used for mineral extraction; however the properties to the north and south are currently proposed for urban development. Properties adjacent to the east are developed with large-lot residential with horses. The property to the south is zoned for commercial use but is undeveloped. Property to the north is zoned for single-family residential and is also currently undeveloped. Property to the west is zoned for large- lot residential and is currently used for resource extraction. ADMINISTRATIVE REPORT Page 2 Property owners adjacent to the east of the subject property have expressed concerns regarding the compatibility of the proposed residential density and the existing large-lot single-family residences With horses. 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 11, 2007,in accordance with CEQA. The Planning Commission did not recommend adoption of the Negative Declaration. The Planning Commission voiced concerns that the proposed density of the project is not compatible with adjacent uses, and does not fit the intent of the Metropolitan Bakersfield General Plan regarding land use compatibility. Also, the representative of the applicant voiced disagreement with a proposed condition of approval that would impose a fee to the developer which would supplement funds for major planned transportation improvements. For the aforementioned reasons, the Planning Commission has recommended denial of the project. The applicant has appealed the Planning Commission decision to deny the project. City planning staff supports the recommendation of the Planning Commission to deny the project. RB: - S:\GPA 2nd 2007\06-2254\S R Admln\Admln Report 2254.doc ADMINISTRATIVE REPORT MEETING DATE: August 29, 2007 AGENDA SECTION: Hearings ITEM: ('-\ .T-. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD APPROVED August 10, 2007 CITY ATTORNEY CITY MANAGER ,41 eeL SUBJECT: General Plan Amendment/Zone Change 05-1580 (Ten Section), Appealed (Ward 5) Jim Manley, representing 10 Section LLC, the property owner, has applied for a general plan amendment and zone change on 220-acres located on the south of Panama Lane and east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by Jim Manley, for 10 Section LLC. 1. Resolution denying the appeal and the general plan amendment changing the land use designation from R-MP (Resource - Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on 220-acres. 2. Resolution denying the appeal and the Zone Change from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220-acres. RECOMMENDATION: Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the zone change. BACKGROUND: The project is commonly known as the Ten Section - Project #05-1580 and consists of approximately 220 acres. For purposes of analyzing the environmental impacts of the project, the EIR considered impacts of constructing a maximum of 788 single-family residential units on the project site, a concurrent general plan amendment and zone change, and land subdivision. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on October 16, 2006, an adequacy hearing to receive comments on the Draft EIR on March 1, 2007, and a hearing on the Final EIR on June 21,2007. The Final EIR was recommended for denial by the Planning Commission on June 21, 2007. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 21, 2007, and recommended denial to the City Council. Staff made a presentation of the proposed project and recommended approval to the Planning Commission. ADMINISTRATIVE REPORT Page 2 John Parker, General Manager of Kern Water Bank Authority, provided testimony to the Planning Commission during the hearing. Mr. Parker's primary issues of concern were 1) the impact the project will have on the surrounding habitat, 2) water supply, and 3) concerns about the compatibility of the project with surrounding land uses as the Kern Water Bank is home to abundant wildlife, including coyotes, bobcats, rabbits, squirrels, snakes, and when the recharge ponds are in operation during warm weather mosquitoes. Annette Tenneboe, an environmental specialist representing the Department of Fish and Game, also provided testimony to the Planning Commission during the hearing. Ms. Tenneboe's primary issues of concern were of the repeated land use decisions, which are eroding key habitat protection measures inherent in the Metropolitan Bakersfield Habitat Conservation Plan. Jim Manley, the applicant and owner of the project, addressed the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. Manley stated he spoke with Mr. Parker with regard to a providing a wall separating the project from the water bank area, as well as having a condition placed on the tract map and future covenant conditions of the property notifying future home owners of susceptible exposures to mosquitoes and possibly fish smells. Planning Commission expressed concerns regarding significant amounts of water surrounding the project site, which is fertile ground for mosquitoes and may raise health factors that walls and landscaping do not prevent. Commission also expressed concerns over the location and proximity of the project, pointing out that the area adjacent to the water bank is still quite rural and inhabited by various creatures. Commission raised concerns with the health, safety, and welfare of the water bank itself, as well as the wildlife, and mosquito issues dealing with disease. A letter appealing this project was received in the City Clerk's office on June 27,2007. Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light and glare, traffic and circulation, and air quality impacts would remain significant. Staff and the Planning Commission recommend denial of the Final EIR. S:\GPA 2nd 2007\05-1580 (Ten Section EIR)\Staff Report\Admin Report 8-15-Q7.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF AUGUST 15, 2007 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, Weir, Couch, Hanson, Sullivan, Scrivner (seated at 5:20 p.m.) Absent: Councilmember Benham 2. PUBLIC STATEMENTS None. 3. APPOINTMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the July 11, 2007 Special Council Meeting and July 18, 2007 Regular City Council Meeting. Payments: AS COUCH b. Approval of department payments from July 7,2007 to August 2, 2007 in the amount of $31,129,072.68 and self-insurance payments from July 7, 2007 to August 2,2007 in the amount of $1,572,274.59. AS WEIR Ordinances: c. First Reading of Ordinance Revisions: 1. Ordinance amending Section 5.16.030 relating to card rooms. Ordinance amending Section 5.23.030 relating to escorts and escort bureaus. FR 2. FR 3. Ordinance amending Section 12.16.140 relating to construction work in streets. FR 4. Bakersfield, California, August 15, 2007 - Page 2 CONSENT CALENDAR continued Item 4.c. continued d. Ordinance amending Section 12.56.050 relating to parks. Ordinance repealing Chapter 2.52 relating to the Bakersfield Convention Center. Ordinance repealing Chapter 9.32 relating to advertising matter and samples. Ordinance repealing Chapter 12.24 relating to loose material. First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 124-08) by changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa Loma Drive. (ZC 06-1909) (Applicant/Property: Jimmy Crompton) 4. 5. 6. 7. e. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map NO.1 01-34) of the Municipal Code by changing the zoning from E (Estate) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 2.98 acres located on the southwest corner of Renfro Road and future Brimhall Road. (ZC 07- 0768) (Applicant: Porter-Robertson Engineering/Property Owner: Froelich, Inc.) f. Adoption of Ordinance amending Title 17(Zone Map Nos. 102-31 & 102-32) of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2 (Regional Commercial) on 5.02 acres and from R-1 (One Family Dwelling) to C-2 on .4 7 acres located at the southeast corner of Calloway Drive and Brimhall Road. (ZC 06-1660) (Applicant: M.S. Walker & Assoc/Property Owner: Bakersfield Center Limited) ACTION TAKEN FR FR FR FR FR ORD 4447 ORD 4448 Bakersfield, California, August 15, 2007 - Page 3 4. CONSENT CALENDAR continued Resolutions: g. Streetscape Improvements - 34th Street from Q Street to Union Avenue: 1. Resolution authorizing the Public Works Director or his designee to apply for and execute a Program Supplement Agreement with California Department of Transportation to receive Transportation Enhancement Activities (TEA) funding ($561,000) for project. 2. Authorize Economic and Community Development Department to form a Maintenance District for this project. h. 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 certain weeds, debris and waste matter and demolition of dangerous buildings, authorize collection of the assessments by the Kern County Tax Collector. i. Resolution approving an application proposing proceeding for annexation of uninhabited territory to the City identified as Annexation No. 574 consisting of 139.89 acres located south of Seventh Standard Road, east of Allen Road, north of Snow Road. j. Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 590 consisting of 83.30 acres located east and west of S. Union Avenue, between Berkshire Road and Hosking Avenue. ACTION TAKEN RES 153-07 RES 154-07 RES 155-07 REMOVED FOR SEPARA TE CONSIDER A TION Bakersfield, California, August 15, 2007 - Page 4 4. CONSENT CALENDAR continued ACTION TAKEN k. Sewer Connection and Construction Fee Assessments for the McDonald Area Sewer Project: 1. Resolution confirming assessments for RES 157-07 sewer connection fee, including construction fee, and authorizing collection of assessments by Kern County Tax Collector. 2. Agreements with 54 property owners to pay AGR 07-231 sewer connection and construction THROUGH fee in installments and notice of special AGR 07-284 assessment lien. I. Resolution adding Area 4-47 (Alfred Harrell, Lake RES 158-07 Ming 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. m. Resolution of Intention No. 1547 to add territory, RO/1547 Area 1-70 (Calloway, Brimhall SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. n. Resolution of Intention No. 1548 to add territory, RO/1548 Area 1-72 (ih Standard, Jewetta SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Resolution of Intention No. 1549 to add territory, RO/1549 Area 3-72 (Gosford, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, August 15, 2007 - Page 5 4. CONSENT CALENDAR continued p. New job specification and change to salary schedule: Amendment NO.9 to Resolution No. 049-06 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Assistant Code Enforcement Officer. 2. New job specification for Assistant Code Enforcement Officer. 1. Agreements: q. Agreement with Rick Maharrey dba Kern County Slow-Pitch Softball (not to exceed $45,900) to provide officiating services for the City adult softball program. r. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $125,000 in a 12 month period) for Workers' Compensation Legal Services (to be paid from Self-Insurance Fund). s. Agreement with RJC Inc. ($54,957) for design of drive entrances and parking lot remodel for United States Postal Service regarding State Route 178 and Fairfax Interchange Project. Agreement with Clifford & Brown ($125,000) for outside legal services in the matter of Robert Pratt v City, et al (KCSC Case No. S-1500 CV- 253264-RJA); Robbie Pratt v Alan Tandy, et al (KCSC Case No. S-1500-CV -256401; and, Robert Pratt v City, et al (KCSC Case No. S- 1500-CV-259414-AEW 257620-SPC). t. u. Agreement with Lennar Homes of California, Inc. ($169,950) to purchase real property located at the northwest corner of Berkshire Road and Mountain Vista Drive for a water well site. ACTION TAKEN AGR 049-06(9) AGR 07-285 AGR 07-286 AGR 07-287 AGR 07-288 AGR 07-289 DEED 7646 Bakersfield, California, August 15, 2007 - Page 6 4. CONSENT CALENDAR continued ACTION TAKEN v. MaintStar Work Order System for the Public Works Department: 1. Agreement with MaintStar, Inc. ($377,500) to AGR 07-290 install, customize and provide support for the MaintStar Public Works Work Order System. 2. Transfer $420,000 from Public Works Capital Improvement Project (Fleet Services Building Remodel) to the Capital Improvement Budget within the Capital w. Assignment of Agreement No. 06-323 with Harry AGR 07-291 Hackner to John Mackessy for ground lease of hangar space 0-3. x. Agreement with Federal Aviation Administration AGR 07-292 ($300,000) to accept grant offer for infrastructure improvements to allow further hangar development at the Airport. y. Reimbursement Agreement with Lennar Homes of AGR 07-293 California (not to exceed $760,402) for installation of 4,808 linear feet of the backbone sewer system within the Panama and Union Planned Sewer Area. Final Tract Map and Improvement Agreements with AGR 07-294 z. AGR 07-295 Centex Homes for Tract 6491 Phase 3 located north of Taft Highway (Hwy 119), east of Ashe Road. aa. Contributions to Bakersfield Museum of Art and Bakersfield Symphony: 1. Agreement with Bakersfield Museum of Art AGR 07-296 ($27,500) for Fiscal Year 2007-08. 2. Agreement with Bakersfield Symphony AGR 07-297 ($55,000) for Fiscal Year 2007-08. Bakersfield, California, August 15, 2007 - Page 7 4. CONSENT CALENDAR continued ACTION TAKEN bb. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 07-0655 (SR99/Hosking Commercial Center). 1. Agreement with Woodmont Bakersfield, LP AGR 07-298 ($215,639) for the preparation of the EI R. 2. Agreement with Jones and Stokes AGR 07-299 Associates, Inc. ($162,134) to prepare the EIR. 3. Appropriate $162,134 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. cc. Environmental Impact Report for General Plan Amendment/Zone Change No. 03-1544 (West Ming, formally known as Buena Vista Ranch). 1. Amendment NO.2 to Agreement No. 04-085 AGR 04-085(2) with Michael Brandman and Associates ($169,062) for preparation of the EIR. 2. Appropriate $169,062 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. dd. Environmental Impact Report for General Plan Amendment/Zone Change No. 03-0337 (The Canyons). 1. Amendment NO.2 to Agreement No. 03-215 AGR 03-215(2) with Michael Brandman and Associates AS WEIR ($160,557) for preparation of the EIR. 2. Appropriate $160,557 (developer's contribution) to the Development Services Operating Budget in the General Fund for the EIR consultant. ee. Amendment No. 1 to Agreement No. 05-445 with AGR 05-445(1) Strategic Design Services, LLC ($1,625; total not to exceed $30,035) for additional hours of consultation required to finalize the security and access control system project at Police Department Headquarters and West Area Substation. 4. Bakersfield, California, August 15, 2007 - Page 8 CONSENT CALENDAR continued ff. Amendment NO.2 to Agreement No. 04-236 with Borton Petrini, LLP ($2,500; total not to exceed $152,500) for outside legal services in the acquisition of offsite real property interest for Vesting Tentative Parcel Map 11013 (City in the Hills-Mountian View Bravo, Developer). gg. Amendment NO.2 to Agreement No. 05-228 with Kern Affordable Housing, Inc. (KAH) for rehabilitation of Park Real Apartment complex to revise the timeline (no budgetary action). hh. Amendment NO.1 to Agreement No. 06-388 with Jacobs Civil Inc. ($347 decrease; reallocation of resources) to provide construction management services for Wastewater Treatment Plant 3 - 2007 Expansion Project. ii. Amendment NO.2 to Agreement No. 98-145 with Bryan A. Stirrat & Associates ($133,000; revised not to exceed $450,000) for preparation of design modifications for the Bakersfield Landfill closure. jj. Amendment NO.2 to Agreement No. 05-246 with Hargis and Son ($80,000; revised not to exceed $240,000) for the biosolids hauling and spreading annual contract. kk. Amendment No. 1 to Agreement No. 06-391 with Bradco Industrial Corporation dba Bradco Environmental ($383,000; revised not to exceed $559,000) for the wood grinding and screening annual contract. II. 2004/2005 Federally Funded Reconstruct Various Streets Project: Contract Change Order NO.3 to Agreement No. 06-109 with AlC Materials, Inc. ($24,136.52; revised total not to exceed $4,487,316.29) for project. 2. Appropriate $21,369 Federal Surface Transportation Program funds to the Public Works Department Capital Improvement Budget. 1. ACTION TAKEN AGR 04-236(2) AGR 05-228(2) AGR 06-388(1) AGR 98-145(2) AGR 05-246(2) AGR 06-391(1) ceo 06-109(3) Bakersfield, California, August 15, 2007 - Page 9 4. CONSENT CALENDAR continued ACTION TAKEN Bids: mm. Accept bid and award contract to Griffith Company AGR 07-300 ($208,705) for median island improvements- various streets. nn. Accept bid and award contract to Loop Electric AGR 07-301 ($131,765.65) for the traffic signal and lighting system installation at the intersection of Calloway Drive and Noriega Road. 00. Accept bid and award contract to Kiewit Pacific AGR 07-302 Company ($211,021,000) for construction services to upgrade and expand Wastewater Treatment Plant 3. pp. Accept bid and award contract to Nicholas AGR 07-303 Construction Inc. ($448,146) for rehabilitation of the Farmers-Stine-Anderson Weir on the Carrier Canal. qq. Accept bid and award contract to Security Paving AGR 07-304 Company, Inc. ($28,929,446.10) to construct the State Route 178 (SR 178) and Fairfax Road Interchange Project. rr. Accept bid and award contract to Hudson Custom AGR 07-305 Construction, Inc. ($142,300) for Fire Station NO.1 Arson Unit Remodel. ss. Accept bid and award contract to Klassen AGR 07-306 Corporation ($724,321) to construct Saunders Park Recreation Facility. tt. Accept bid and award contract to A-C Electric AGR 07-307 Company ($118,176.25) for traffic signal lighting system installation on Ming Avenue at Highway 99 on-ramp. uu. Accept bid and award contract to Montes Pacific AGR 07-308 Engineering ($45,610) for storm drain improvements for 501 S. Mt. Vernon Avenue and Columbus Street at University Avenue. w. Accept bid and award contract to Carollo Engineers AGR 07-309 ($239,748) for consulting services to complete Regional Water Quality Control Board requirements concerning Wastewater Treatment Plant 3. Bakersfield, California, August 15, 2007 - Page 10 4. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: ww. Transfer $1,200,000 from developer contributions within the Park Improvement Fund to the Recreation and Parks Department Capital Improvement Budget for development of Greystone Park located at the southwest corner of Mountain Vista Drive at Harris Road. xx. Assessment District and related Public Financing Authority (PFA) Bond Call: 1. Appropriate $465,166 fund balances to the Operating Budgets within various special assessments funds and PFA Debt Service Fund to facilitate advance redemption of Assessment and related PFA Bonds. 2. Appropriate $343,290 fund balance to reimburse developer for approved costs that exceeded original estimates for Assessment District No. 04-3. yy. City's position on 2007 League of California Cities Resolutions. ZZ. Appointment of League of California Cities APPOINT PIO AS Voting Delegate and Alternate for 2007 DELlGA TE, CITY Annual Conference. CLERK AS AL TERNA TE City Clerk McCarthy announced corrections to items 4.a. and 4.tt. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.b., item4.1., interest in real property nearby, and item 4.dd., potential conflict of interest. Councilmember Couch announced he would abstain from item 4.a. due to his absence during part of that meeting. Motion by Vice-Mayor Hanson to approve Consent Calendar items 4.a. through item 4.zz. with correction to items 4.a. and 4.tt. and the removal of item 4.j. for separate consideration. APPROVED AB BENHAM Bakersfield, California, August 15, 2007 - Page 11 4. CONSENT CALENDAR continued j. Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 590 consisting of 83.30 acres located east and west of S. Union Avenue, between Berkshire Road and Hosking Avenue. Motion by Vice-Mayor Hanson to adopt the Resolution. 5. CONSENT CALENDAR HEARINGS None. 6. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v Kern Delta Water District - KCSC Case No. S-1500-CV-258097-NFT (now known as Ventura County Case No. CIV242067) 2. Chanel McBride and Deondre Donte Marzette, Jr. (minor), by and through his Guardian Ad Litem, Yessenia Revles v Valley Plaza Mall; General Growth Properties; City; County of Kern - KCSC Case No. S-1500-CV-259634-AEW 3. Essex Insurance Company v City, D.A.R.E., Inc., et al- KCSC Case No. S-1500-CV- 256273-AEW Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:23 p.m. Motion by Councilmember Couch to adjourn from Closed Session at 6: 10 p.m. RECONVENED MEETING - 6:30 p.m. 7. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Weir, Couch, Sullivan, Scrivner Absent: Councilmember Benham ACTION TAKEN RES 156-D7 APPROVED AB BENHAM ABS WEIR APPROVED AB BENHAM APPROVED AB BENHAM Bakersfield, California, August 15, 2007 - Page 12 INVOCATION by Reverend William R. Ekhardt, Northminster Presbyterian Church. 8. 9. PLEDGE OF ALLEGIANCE by Hannah Cooper, ih Grade Student at Earl Warren Junior High. Mayor Hall acknowledged Boy Scout Troop 317 members Ryan Stancliffe, Tim Jones and their Scout Master in attendance at the meeting. 10. CLOSED SESSION ACTION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. City v Kern Delta Water District - KCSC Case No. S-1500-CV-258097-NFT (now known as Ventura County Case No. CIV242067) Chanel McBride and Deondre Donte Marzette, Jr. (minor), by and through his Guardian Ad Litem, Yessenia Revles v Valley Plaza Mall; General Growth Properties; City; County of Kern - KCSC Case No. S-1500-CV-259634-AEW Essex Insurance Company v City, D.A.R.E., Inc., et al- KCSC Case No. S-1500-CV- 256273-AEW 2. 3. None. 11. PRESENTATIONS 12. PUBLIC STATEMENTS a. Ryan Nance spoke regarding skate parks. Councilmember Sullivan requested the Community Services Committee address installing skate park facilities in all City parks. b. Elcio Cancellier spoke regarding the condition of the street in front of Wayside school. Councilmember Carson requested staff investigate the jurisdiction regarding the street in front of Wayside School, and ask the County to address the problem if in their jurisdiction. ACTION TAKEN NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION Bakersfield, California, August 15, 2007 - Page 13 12. PUBLIC STATEMENTS continued c. Marvin Dean spoke regarding proposed immigration Resolutions. 13. REPORTS None. 14. HEARINGS a. Public Hearing to consider the appeal by Jason's Retreat and J. McFadden Rentals (property owner) of the Board of Zoning Adjustment decision denying Modification No. 07-1040 to reduce the required off- street parking for a 26 person residential facility with two employees from 22 spaces to 2 spaces in a C-1 zone district located at 2000 Baker Street. (Applicant: Jason's Retreat) City Clerk McCarthy announced the hearing will be opened and continued to the August 29th Council meeting. Hearing opened at 6:48 p.m. b. General Plan Amendment/Zone Change No. 06- 1002; The City of Bakersfield (property owner) has applied for a general plan amendment and zone change on 247 acres bounded by Taft Highway (State Route 119) on the south, Ashe Road on the east, Gosford Road west, and City's Wastewater Treatment Plant NO.3 on the north. (Bakersfield Sports Village) 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for GPAlZC No. 06-1002. Resolution adopting the general plan amendment changing the land use designations from P (Public Facilities) to OS- P (Open Space-Parks) on 185 acres and GC (General Commercial) on 38 acres. First Reading of Ordinance amending Title 17 of the Municipal Code (Zone Map No. 123-33) from A (Agricultural) to RE (Recreation) on 185, C-2/PCD (Regional Commercial/Planned Commercial Development) on 37 acres and M-1 (Light Manufacturing) on 22 acres. 2. 3. ACTION TAKEN CONTINUED TO 8-29-07 RES 159-07 RES 160-07 FR Bakersfield, California, August 15, 2007 - Page 14 14. HEARINGS continued Item 14.b continued Staff comments and by Development Services Director Grady staff comments. Recreation and Parks Director Hoover made comments and presented a video. Hearing opened at 6:57 p.m. Gordon Nipp, Oscar Sandoval, Ryan Nance, Lori DeLeon, Russell Warren Dunlap, Jr. spoke in support of the of the staff recommendation. Hearing closed at 7:04 p.m. Councilmember Sullivan requested the Community Services Committee review lighting for the Sports Village and placement of future skate parks; additionally she requested information regarding a projection for completion of projects. Recreation and Parks Director Hoover responded. Motion by Councilmember Sullivan to approved the Resolutions and give first reading to the Ordinance. 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. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EI R) for General Plan Amendment/Specific Plan Approval/Zone Change No. 03-1544, known as the West Ming Project. ACTION TAKEN APPROVED AB BENHAM RES 161-07 14. Bakersfield, California, August 15, 2007 - Page 15 HEARINGS continued Item 14.c. continued 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) 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 S. .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. ACTION TAKEN RES 162-07 RES 163-07 Bakersfield, California, August 15, 2007 - Page 16 14. HEARINGS continued Item 14.c. continued 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. First Reading of Ordinance approving the Development Agreement. Staff comments by Development Serviced Director Grady; additionally Mr. Grady made reference to correspondence received from the City of Shafter and Kern County. Public Works Director Rojas made staff comments. Hearing opened at 7:25 p.m. Gordon Nipp, on behalf of the Sierra Club and Russell Warren Dunlap, Jr., spoke in opposition to the staff recommendation. Bruce Freeman, President, Castle & Cooke, spoke and provided written material, Roger Mcintosh, Mcintosh & Associates, on behalf of Castle & Cooke, spoke and provided written material, Pat McCarthy Thompson, Executive Director, Sequoia Riverlands Trust, Scott Spear, Chairman of the Board, Sequoia Riverlands Trust, Phil Gaskill and Russell Warren Dunlap, Jr., spoke in support of staff recommendation. Hearing closed at 7:48 p.m. Councilmember Hanson provided an overview of the project. ACTION TAKEN RES 164-07 FR Bakersfield, California, August 15, 2007 - Page 17 14. HEARINGS continued Item 14.c. continued Motion by Councilmember Hanson to adopt the Resolutions and give first reading to the Ordinance with appropriate comments and recommendations from Development Services Director Grady incorporated. 15. NEW BUSINESS None. 16. MAYOR AND COUNCIL STATEMENTS Councilmember Carson made comments regarding foreclosures and requested staff formulate a plan to charge property owners for abatement of standing water and return to Council. Councilmember Carson requested Development Services provide a status update regarding the old golf course property on Belle Terrace. Councilmember Carson made comments regarding a recent family reunion. Councilmember Couch requested staff investigate purchase of properties currently for sale on Rosedale for the purpose of road widening. Councilmember Couch requested staff encourage the County to investigate purchasing properties on Olive Dr. for the purpose of road widening. Councilmember Couch requested staff refurbish the walls on River Run Blvd; additionally requested information regarding who is responsible for replacement of signs, ie 'Celebrations' and securing of cable boxes on the same street. Councilmember Couch requested trash be picked up at Rosedale and Coffee. Councilmember Couch requested the Personnel Committee investigate implementing a clear policy and make a recommendation to the Council supporting reservists called to active duty in the military. Additionally he provided a copy of the County's Military Leave Benefits Program. ACTION TAKEN APPROVED AB BENHAM Bakersfield, California, August 15, 2007 - Page 18 16. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN Councilmember Couch requested the Planning & Development Committee analyze implementing a Citywide Park Development fee. Councilmember Sullivan requested staff contact developers regarding the large mountains of dirt at the intersection of Hwy. 178 and Comanche Dr. to determine plans for removal and report back to Council. Councilmember Sullivan provided an update regarding In God We Trust America and stated that twenty-six cities have now determined to display the motto in their city halls. Councilmember Hanson requested Public Works staff review a letter from Mr. Danford regarding handicapp parking in the City. Councilmember Hanson announced he will delay discussion of Councilmember Weir's proposal to form an Ad Hoc Committee on immigration until Councilmember Benham's return. 17 . ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 8:09 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\Council\MINUTES\2007\August 15.doc