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HomeMy WebLinkAbout05/28/2003 AGENDA PACKETB A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/¥-~ / ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - MAY 28, 2003 COUNCIL MEETING May 23, 2003 This agenda is structured a little differently in an attempt to streamline our meetings. We have taken some items normally on the regular 7:00 p.m. agenda and moved them to what was called the "P~-Meeting," but is now part of the Regular Meeting. For this agenda, we have moved appointments and one City Manager Report to before the closed session items. We hope that this will be a more efficient use of the early part of the meeting. We expect to continue the practice of moving items around on the agenda to reduce the overall meeting duration. REGULAR MEETING 5:15 p.m. Workshop: The workshop consists of Budget Presentations by the City Attorney's office, the Finance Department and the Convention and Visitors' Bureau. Appointments: There will be one appointment to the Keep Bakersfield Beautiful Committee. Reports: City Manaqer Report No. 3-03 ReQardinQ Park DeveloDment Zones. in 1990, six zones were established, and since that time, money has been collected and used only within each of the six zones. There are six geographically parallel zones for acquisition of parks, also. The zones originally drawn somewhat paralleled the ward boundaries that were in effect at that time. Due to boundary changes, there is now little relationship between the ward boundaries and the zones. Staff believes that the three-zone system would be easier to administer, and more importantly, would be more in tune with City development and park demand needs in the year 2003, as opposed to the current six zones that date back to 1990. It would allow the City to accrue monies more promptly and to therefore develop parks in a timelier manner in areas of growth. HONORABLE MAYOR AND CITY COUNCIL MAY 23, 2003 PAGE 2 The three zones would include: 1) One large zone that represents the vast segment of the built- out area of the City; 2) A Northeast zone similar to the one that currently exists; and 3) One zone covering the developing areas south of the Kern River in West, Southwest and South Bakersfield. Note: The growth area in Northwest Bakersfield is in NOR's territory, and funds raised there go to NOR. Closed Session: There are three closed session items. The first is a conference with real property negotiators regarding the proposed landfill buffer zones, and two are conferences with legal counsel regarding existing litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. First Readinq of an Ordinance Amendinq Municipal Code and chanaina the Zonina for Property Located on the North Side of McKee Road, between Stine Road and Akers Road. This zone change from R-1 (One Family Dwelling) to E (Estate) provides consistent zoning throughout a large lot single family residential subdivision. With the R-1 zoning in place, lots would have been created that were "split zoned", having both R-1 and E zoning within one lot. City policy does not permit split zoning on newly created parcels. The Planning Commission recommended approval to the City Council. Item 8d. First Readinq of Ordinance Amendinq the Municipal Code to Limit the Size of Transient Outdoor Businesses. Complaints about the practice of setting up automobile sales lots in parking lots of commercial centers as transient outdoor businesses were forwarded to the City Council's Legislation & Litigation Committee. Concerns included elimination of parking which would otherwise serve existing businesses, lack of sanitary facilities, loss of sales taxes, unfair and fly-by-night business practices and use of illegal signs for advertising. The intent of the Transient Outdoor Business Ordinance was to regulate small scale street corner sales of items such as brass or leather goods, art and rugs usually conducted from a van, pickup or trailer. In order to maintain the intent of the Ordinance, it is recommended that it be amended to limit the size of a transient outdoor business to 400 square feet. Item 8e. Adoption of Ordinance Amendinq the Municipal Code and Chanqinq the Zonina of Property Located at the Northwest Corner of Stine Road and Panama Lane. The Planning Commission conducted public hearings on the General Plan Amendment and Zone Change on March 17 and 20, 2003. A quorum of four Planning Commissioners voted on the project and by a two by two vote the project was "denied by operation of law." The City Council conducted a HONORABLE MAYOR AND CITY COUNCIL MAY 23, 2003 PAGE 3 public hearing May 14, 2003 upholding the appeal and approving the requested General Plan Amendment. The first reading was held on May 14, 2003. Resolutions: Item 8h. Resolution Reqardinq the Assessment of $159,731 at 701 Union Avenue. The building on the property was in violation of the Uniform Code. The property owner was notified and failed to commence the work, so the public nuisance was demolished under direction of the Chief Code Enforcement Officer. The costs incurred can be assessed against the property. The charges were incurred in July 2001. An oversight delayed the action of liening the charges to the property. A hearing was held and the Assistant City Manager approved the assessment. The Council will need to confirm the approval or order that such costs be made a lien against the property. The will be done by adoption of the Resolution. Item 8i. Resolution Supportinq the Federal Reauthorization of Amtrak and the Establishment of a Nationwide, Interconnected Passenqer Rail System. The Midwest High Speed Rail Coalition is coordinating an effort in support of federal legislation to institute policy changes and provide funding that will lead to a healthy and growing intemity passenger rail system. The proposed Resolution will encourage long-term funding for intemity passenger rail, patterned after existing highway, airport, and mass transit programs; the establishment of a federal policy to preserve and improve a national passenger rail system; full federal funding of Amtrak to maintain a national network while new plans and policies are being developed, and full funding of a national interconnected passenger rail system in subsequent years. Aereements: Item 8o. McMurtrey Aquatic Center. When long course swimming meets are held at the McMurtrey Aquatic Center, warm up lanes are necessary for swimmers who are preparing to compete or who are cooling down from competition. That has been anticipated to take place in the play pool. The length of the current design is about 21 yards. Competitive swimming meets prefer a 25-yard length. The aquatic fundraising group is willing to pay the $7,000 design fee and $26,000 construction cost to accomplish this. Staff recommends appropriation of $33,000 from funds to be received from the aquatic fundraising group and authorizing a design contract change with Rossetti and Associates Architects, in the amount of $6,000 to extend the length of the play pool warm up area to 25 yards. Bids: Item 8p. Reiect all bids for Demolition of Improvements at 800 14th Street, Food Bank. This project consist of demolition of the old Food Bank building at 800 14 TM Street; the demolition of abandoned "P" Street north of 14th Street, and the existing temporary parking lot immediately west of the Food Bank for construction of new City parking lot adjacent to the new Aquatic and Ice Center projects. The original Engineer's Estimate of $175,000 dated March 28, 2003 was based on a normal amount of asbestos in the project. The Engineer's Estimate was increased to $320,000 after the asbestos report (dated May 1, 2003) showed the building contained a substantially larger amount of asbestos. In addition the scope of work was increased to include the demolition of abandoned "P" Street and the adjacent parking lot, and installation of a new fence at the railroad right of way. However, only $189,000 was budgeted for this project. Eight bids were received. An additional bid, from Kroeker, Inc. of Fresno, California was rejected by staff as being non-responsive since the General Contractor (Kroeker) was doing HONORABLE MAYOR AND CITY COUNCIL MAY 23, 2003 PAGE 4 less that 50% of the bid amount as required by the project specifications. Kreeker's bid amount was $167,957.00. Since the lowest responsive bid exceeds the budgeted funds, staff recommends rejection of all bids and re-advertisement for bids. The new bid document will include the designation of asbestos abatement as a Specialty Item. This will help ensure that all bidders can comply with the specifications. HEARINGS Item 9a. General Plan Amendment/Zone Chanqe for an Area Located Generally North of Hoskina Avenue and West of South Union Avenue. A General Plan Amendment is proposed on 2.81 acres and an Ordinance Amendment for 27.91 acres. This would permit the development of single family residential units. The Planning Commission recommended City Council approval on March 20, 2003. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Item 9b. General Plan Amendment/Zone Chanae for 1.38 Acres Generally Located Alonq the West Side of South H Street Approximately 150 feet South of Pacheco Road. The applicant proposes to develop the site to 17 dwelling units per net acre which equates to 24 dwelling units. The HMR designation and the R-2 zone allow a maximum of 17.42 units per net acre. The applicant's proposal is within the prescribed limits of the HMR land use designation and the R-2 zone. The Planning Commission recommended City Council approval. Item 9c. Amendment to the Circulation Element of the General Plan that will Realiqn Valley Lane. a Seament of Panorama Drive. and Delete a Third Unnamed Collector South of the Panorama Drive within the City in The Hill Prelect Area. This area is generally located between Paladino Drive, State Route 178, Masterson Street and Queen Street. This realignment and deletion of collectors will not adversely affect vehicular circulation. The Planning Commission recommended City Council approval. Item 9d. General Plan Amendment/Zone Chanqe on 11.98 Acres Located at the Southeast Corner of Pacheco Road and Buena Vista Road, and 13.90 Acres Located at the Northeast Corner of Buena Vista Road and the Ali(]nment of Harris Road. The purpose of the project is to move the existing commercial designation and zoning from the southeast corner of Buena Vista Road and Pacheco Road to the northeast corner of Buena Vista Road and the alignment of Harris Road. This would provide a half mile separation between the two existing commercial designations and better circulation access. On March 20, 2003, the Planning Commission recommended its approval to the City Council with the addition of combining the P.C.D. (Planned Commercial Development) zone with the C-2 zone proposed at the northeast corner of Buena Vista Road and the alignment of Harris Road. The purpose of the P.C.D. recommendation is to ensure that the future commercial development on the project site is adequately integrated and cohesively designed with the adjacent residential development. Item 9e. General Plan Amendment/Zone Chanqe and Ordinance Amendment for 4.77 Acres Located Alona the West Side of Jewetta Avenue. AoDroximatelv 250 feet South of Birchhaven. This Amendment would permit the development of single family residential units. There were some property owners to the north of the project site who voiced concerns about the eventual size of the lots for the property and the development of two-story units along the north side of the site. After discussion, the Planning Commission with concurrence from the property owner of the site, conditioned the approval to have a minimum 14,000 square feet per lot and to restrict HONORABLE MAYOR AND CITY COUNCIL MAY 23, 2003 PAGE 5 the development of single-story houses along the north property line of the site. The Planning Commission decision had one dissension vote - the vote was because of the single story restriction. The Planning Commission recommended City Council approval. Item 9f. General Plan Amendment for 1.3 Acres Located at 6101 Fairfax Road. The applicant requested a General Plan Amendment from single family residential to multi-family residential. The current zoning is R-2 which permits multi-family residential development. The developer was in the site plan review process for a 16-unit multi-family residential project when the inconsistency between the existing zoning and the land use designation was discovered. The size, location and grade differential of the property precludes any reasonable usage for a single family residential development. There is a large PG&E easement which bisects the property north and south, which ruins most development plans for single family dwellings. The Planning Commission recommended City Council approval. REPORTS Item 10a. Community Services Committee Report 2-03 -- Fundinq for Beale Park Concerts. On May 12, 2003, the Community Services Committee met to discuss the possibility of preserving the Beale Park Concerts, which City staff recommended to be eliminated from the budget in FY 03-04. Staff recommended to the Committee that the concerts at Beale Park be eliminated based on several factors including: 1) These concerts are supported entirely by the general fund; 2) The high cost of the concerts in comparison to similar events offered by the City; 3) Low attendance compared to other free events; and 4) Lack of staff available to support the event. The cost for one concert is approximately $2,800 (without park staff). Mr. Dick Francisco, who represents the band, indicated that they intend to perform a concert July 6th at no cost to the city. The Committee indicated a desire to preserve the Beale Park concerts if a funding source other than the City could be obtained. Councilmember Sue Benham suggested that rather than the City funding the concerts, a public-private sponsorship program be pursued that would provide five more concerts this summer. Ten donors contributing $1,500 each would generate $15,000, which is enough to finance all of the concerts. Combined with the no-cost concert sponsored by Mr. Francisco on July 6th, it is proposed there would be a total of six concerts. Should some of the desired funds not be donated, the number of concerts held would be reduced accordingly. It was also decided that the first concert on June 15th would be cancelled because there was not enough time to prepare and practice for the band. For all the concerts, Recreation staff would not be available to set up chairs or provide support during the concerts. AT:AC:al cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 28, 2003 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and 7:00 p.m. (30 min) (Ward 5) REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. WORKSHOP a. Department Budget Presentations. City Attorney (Staff comments by City Attorney Thiltgen) Finance (Staff comments by Finance Director Klimko) Convention and Visitor's Bureau (Comments by Don Yeager) APPOINTMENTS One appointment to the Keep Bakersfield Beautiful Committee due to the expiration of term of Michael Ming, term expires November 2004. REPORTS - see additional item on page 6 a. City Manager Report No. 3-03 regarding Park Development Zones. City Manager recommends acceptance of the Report, review the presentation and comment. CLOSED SESSION Conference with Real Property Negotiators pursuant to Government Code Section 54956.8, Property: Proposed Landfill Buffer Zones, Bakersfield, California, Parcel 1: APN 436-054- 02:SEC 10, Parcel 2: APN 436-061-08:SEC 11, Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson; Negotiating Parties: Parcel 1: David H. Easton Jr., Parcel 2: Peter Roos for Keith & Mack Oil Co. Under Negotiation: Price and terms of payment for purchase. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Sierra Club v City of Bakersfield, et al; Kern County Superior Court Case No. 249986 RDR Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. Zachary David Faulconer v City of Bakersfield, et al; Kern County Superior Court Case No. 245793-SPC REGULAR MEETING - 7:00 p.m. INVOCATION by Pastor Leon Frost, United Pentecostal Church PLEDGE OF ALLEGIANCE by Elizabeth Sorenson, 5th Grade Student at Kendrick Elementary School. 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hall of a Mayor's Award and Certificate to Gabdella McCutcheon for an act of heroism. Presentation by Mayor Hall of a Certificate to The Kern Ice Sports Supporters for fundraising efforts. 6. PUBLIC STATEMENTS 7. APPOINTMENTS - see item on page I 8. CONSENT CALENDAR Minutes: a. Approval of minutes of Regular Council Meeting May 14, 2003. Payment: Approval of department payments from May 2, 2003 to May 15, 2003 in the amount of $5,939,356.36 and self insurance payments from May 2, 2003 to May 15, 2003 in the amount of $349,530.18. Ordinances: (Ward 6) First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-35 from R-1 (One Family Dwelling) to E (Estate) zone located on the north side of McKee Road, between Stine and Akers Roads (ZC 03- 0179). First Reading of Ordinance amending Chapter 5.56, to limit the size of transient outdoor businesses to 400 square feet. (Ward 6) Adoption of Ordinance adopting a Negative Declaration, approving the appeal and amending Title 17 of the Municipal Code and Zoning Map No. 123-22 from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) zone on 15.43 acres located at the northwest corner of Stine Road and Panama Lane. (ZC 02-0641) (First Reading 5/14/03) (Ward 4) (Ward 3) (Ward 1) (Ward 2) (Ward 2) (Ward 7) (Ward 4,5) CONSENT CALENDAR continued Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-14 from A (Agriculture) to R-1 (One Family Dwelling) zone on 89.31 acres located along the west side of Allen Road, north of Noriega Road. (ZC 02-1248) (First Reading 5/14/03) Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 105-15 from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) zone on 20.70 acres located approximately one-half mile south of State Route 178 along the east side of Miramonte Drive (extended). (ZC 02-1144) (First Reading 5/14/03) Resolutions: Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enfomement Officer regarding assessment of 701 Union Avenue for which structures have been demolished and authorize collection of the assessments by the Kern County Tax Collector. Resolution ordering the summary vacation of the unused Irrevocable Offer of Dedication of the 60 foot wide easement for road purposes between Marriott Drive and Burr Street. Resolution supporting the federal reauthorization of Amtrak and the establishment of a nationwide, interconnected passenger rail system, as set forth in the principles of the American Passenger Rail Agreement. Resolution of Intention No. 1301 to add territory, Area 1-38 (Brimhall, Jenkins SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: Cooperative Agreement with the State of California, Department of Transportation for the City to perform right of way acquisition for the SR 99 southbound auxiliary lane, from Planz Road Overcrossing to White Lane. m. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056 Phase 4 located east of Jewetta Avenue and south of Olive Drive. Final Map and Improvement Agreements with Riverlakes Investment Company, LLC, for Tract 6135 located south of Olive Drive and west of Riverlakes Drive. Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit 2 located south of Harris Road and east of Buena Vista Road. Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit 4 located south of Harris Road and east of Buena Vista Road. (Ward 2) (Ward 2) CONSENT CALENDAR continued m. Tract Maps and Improvement Agreements continued 5. Final Map and Improvement Agreement with Centex Homes for Tract 6104 Unit 6 located south of Harris Road and east of Buena Vista Road. 6. Final Map and Improvement Agreement with HOVOne, Inc., and Lennar Bakersfield, Inc., for Tract 6032 Unit 1 located north of Ming Avenue and east of South Allen Road. n. Agreement with Northcutt and Associates, $71,170 for preparation of a Municipal Services Review. o. McMurtrey Aquatic Center 1. Appropriate $33,000.00 from the Aquatic Fundraising Group. 2. Amendment No. 2 to Agreement No. 02-207 with Rossetti Architects, Inc. for additional design work in the amount of $7,000.00. Bids p. q. Reject all bids for Demolition of Improvements at 800 14~ Street - Food Bank. Accept bid from Technology Integration Group $54,483.00 to retrofit Lucent Wireless LAN equipment for the Police Department. Miscellaneous r. Acceptance of $57,721.62 California Law Enforcement Equipment Program (CLEEP) funds for purchase of computers and a Wireless Local Area Network (WLAN). s. Authorize Finance Director to forward to a collection agency, accounts receivable in various funds totaling $168,330.56. t. Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant. (Requested by the Kern County Administrative Office) Staff recommends adoption of Consent Calendar items a through t. 9o (Ward 7) (Ward 7) (Ward 3) HEARINGS General Plan Amendment/Zone Change 03-0002; Porter-Robertson Engineering has proposed a General Plan Amendment on 2.81 acres and an ordinance amendment for 27.91 acres, located generally north of Hosking Avenue, west of South Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (General Commercial) to LR (Low Density Residential) on 2.81 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from R-S 2.5A (Residential Suburban-2.5 acres minimum), E (Estate), A (Agriculture), C-2 (Regional Commercial), and M-2 (General Manufacturing) to R-1 (One Family Dwelling) zone on 27.91 acres. Staff recommends adoption of the resolution approving the Negative Declaration, approving the General Plan Amendment and give first reading to the ordinance. General Plan Amendment/Zone Change 03-0005; Gh. Mollagha Semi Tagrizi is requesting a General Plan Amendment and Zone Change on 1.38 acres generally located along the west side of South H Street approximately 150 feet south of Pacheco Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from GC (General Commercial) to HMR (High Medium Density Residential) on 1.38 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 1.38 acres. Staff recommends adoption of the resolution approving the Negative Declaration, approving the General Plan Amendment and give first reading to the ordinance. General Plan Amendment 03-0008; Mclntosh & Associates has applied to amend the Circulation Element of the General Plan, realigning Valley Lane, south of Paladino Drive and a segment of Panorama Drive, and, deletion of a third unnamed collector south of the Panorama Drive alignment, generally located between Paladino Drive, State Route 178, Masterson Street and Queen Street. Resolution approving the Negative Declaration and adopting the General Plan Amendment. Staff recommends adoption of the resolution approving the Negative Declaration and approving the Genera/Plan Amendment. (Ward 5) (Ward4) (Ward 3) HEARINGS continued General Plan Amendment/Zone Change 03-0009; Mclntosh and Associates has proposed a General Plan Amendment and Zone Change on 11.98 acres located at the southeast corner of Pacheco Road and Buena Vista Road and 13.90 acres located at the northeast corner of Buena Vista Road and the alignment of Harris Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from GC (General Commercial) to LR (Low Density Residential) on 11.98 acres and LR (Low Density Residential) to GC (General Commercial) on 13.90 acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from C-1 (Neighborhood Commercial) to R-1 (One Family Dwelling) on 11.98 acres and R-1 (One Family Dwelling) to C-2 PCD (Regional Commercial Planned Commercial Development) on 13.90 acres. Staff recommends adoption of the resolution approving the Negative Declaration, approving the Genera/Plan Amendment and give first reading to the Ordinance. General Plan Amendment/Zone Change 03-0047; City of Bakersfield, representing the property owner, proposed a General Plan Amendment and an ordinance amendment for 4.77 acres, located along the west side of Jewetta Avenue, approximately 250 feet south of Birchhaven. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the land use designation from ER (Estate Residential) to SR (Suburban Residential) on 4.77acres. First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 from RS-5A (Residential Suburban 5 acres minimum) to E-14,000 (Estate - minimum 14,000 square feet) zone on 4.77 acres. Staff recommends adoption of the resolution approving the Negative Declaration and the Genera/Plan Amendment and give first reading to the Ordinance. General Plan Amendment 03-0090; West Star Construction has proposed an amendment to the General Plan on 1.3 acres located at 6101 Fairfax Road. Resolution approving the Negative Declaration and adopting the land use element amendment from LR (Low Density Residential) to HMR (High Medium Density Residential) on 1.3 acres. Staff recommends adoption of the resolution approving the Negative Declaration and Genera/ Plan Amendment. 10. REPORTS a. Community Services Committee Report No. 2-03 funding for Beale Park Concerts. Commiltee recommends the Beale Park Concerts be continued this season to the degree that donations are to pay for the costs of the performers. 11. DEFERRED BUSINESS 12. NEW BUSINESS 13. COUNCIL AND MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 05/22/03 10:04 a.m. IMEETING DATE: ADMINISTRATIVE REPORT May 28, 2003 AGENDA SECTION: Workshop ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Sanson, Assistant City Manager May 19, 2003 Department Budget Presentations 1. City Attorney 2. Finance 3, Convention & Visitor's Bureau APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER RECOMMENDATION: BACKGROUND: The City Attomey, and Finance Departments and the Convention and Visitor's Bureau will provide a detailed overview of their FY 2003-2004 proposed operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the respective departments. DWH:jp 5/19/2003 9:55 AM S:V~dmin Rpts~003\Budget Hearings 052803.doc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Appointments ITEM: ,,~. 0~, TO: Honorable Mayor and City Cour/cil APPROVED FROM: Pamela A. McCarthy, City Cler~'d'~'~h DEPARTMENT HEAD /~ DATE: May 16, 2003 CITY ATTORNEY ~//"~ CITY MANAGER /~,. SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the expiration of term of Michael Ming 0Nard 5), term expires November 2004. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Keep Bakersfield Beautiful Committee due to the expiration of term of Michael Ming, Ward 5. Mr. Ming recently moved outside the city limits and, as a result, his term has expired. The news release for this recruitment was posted on May 1, 2003. One application has been received from David Taylor. Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of seven Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or her nominating Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. rg May 16, 2003, 2:19PM S:\Bds&Comm\KBBC~Admin May 2003.dot ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Reports ITEM: H. 0.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 2, 2003 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER City Manager Report #3-03 - Park Development Zones APEROVED RECOMMENDATION: Staff recommends that City Council accept the Report, review the presentation and comment. BACKGROUND: As you are aware, each new home in the City is charged a fee for the development for new parks. In 1990, City staff established six zones throughout the City, and since that time, money has been collected and used only within each of the six zones. There are six geographically parallel zones for acquisition of parks, also. When the zones were drawn (see map attached) some of them somewhat paralleled the ward boundaries that were in effect at that time. There were, however, six zones and seven wards. There have been, however, several ward boundary changes since 1990, and now with two or three exceptions, there is little relationship between the ward boundaries and the zones. The Problems There are several problems with the zones we currently have on the books, including the following: The keeping of six zones, each of which having varying degrees of development activity, leads to inefficient and unnecessarily slow implementation of needed projects. We might, for example, have to wait years for a zone to accrue enough money to pay for a park, even though the park in that zone may be badly needed. In another zone, we may have a substantial cash balance with no immediate need for a park. If we had fewer zones, more logically drawn for circumstances in the year 2003, we could respond more promptly to park needs using resources in a timelier and more efficient manner. We are doing a lot of unnecessary accounting - treating each of the twelve zones (six acquisition and six development) like little enterprise funds. Budgeting for projects is also cumbersome. May 20, 2003, 3:12PM S:~AC\Admin Rpts\park dev zor~es 5-28-03.doc AC:al Page 1 ADMINISTRATIVE REPORT By having six zones that once resembled wards, we have created an image, perhaps not intended by the original staff action, that the park zones correlate to a Council ward. We propose to fix that, not by making the wards fit the zones, but rather by making them so dissimilar that no one will assume they should be intermingled. There are "have" and "have not" zones. In those that are built out, there is very little revenue flow and not enough money, at most times, to do any projects. A larger zone constituting all of the built out areas of the City would generate enough money from in-fill development to occasionally do a park enhancement project for existing parks in these areas. The Proposed Chanoe We propose to simplify the system by reducing the total number of zones from six to three as shown in the attached map, as follows: 1) One laroe zone that reoresents the vast sec~ment of the built-out area of the City. Since it is essentially built out, there will not be a need for more park acreage in that area as a result of new subdivisions. The modest revenues generated from in-fill development can occasionally go to enhance existing parks. The revised area is large enough that the in-fill revenue to be collected will allow for occasional enhancements to be funded, where the current zones are so small they rarely do. 2) A Northeast zone similar to the one that currently exists. This is a newly developing area that will have distinct new park demands so we believe it should stay intact. 3) One zone coverinq the developinq areas south of the Kern River in West, Southwest and South Bakersfield. Similar to the Northeast zone, these are developing areas with new park demands, distinctive enough that the monies being generated there should be held for the parks in that area. Note: The growth area in Northwest Bakersfield is in NOR's territory, and funds raised there go to NOR. Staff believes that the three-zone system would be easier to administer, and more importantly, would be more in tune with City development and park demand needs in the year 2003, as opposed to the current six zones that date back to 1990. We believe it would allow us to accrue monies more promptly and to therefore develop parks in a more timely manner in growth areas of the City. Process After taking Council comments into account, we propose to contact the BIA, major developers, and any others that may have a significant interest in this subject to solicit comments. If they have serious concerns or suggested changes, staff would analyze and respond to them. After that, we would make appropriate adjustments, report to City Council, and implement the changes. May 20, 2003, 3:12PM S:~AC~Admin Rpts~park dev zones 5-28-03.doc AC:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Closed Session ITEM: ,,~, ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 7, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Real Property Negotiators pursuant to Government Code section 54956.8 Property: Proposed Landfill Buffer Zones, Bakersfield, California Parcel 1: APN 436-054-02: SEC 10 Parcel 2: APN 436-061-08: SEC 11 Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald Anderson Negotiating Parties: As to Parcel 1: David H. Easton Jr. As to Parcel 2: Peter Roos for Keith & Mack Oil Co. Under Negotiation: Price and terms of payment for purchase RECOMMENDATION: BACKGROUND: May 7, 2003, 10:12AM ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Closed Session ITEM: .~, ~. TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD CITY MANAGER //~' ~. Conference with Legal Counsel -- Existing Litigation SUBJECT: Closed session pursuant to subdivision (a) of Government Code section 54956.9. Sierra Club v. City of Bakersfield, et al Kern County Superior Court Case No. 249986 RDR RECOMMENDATION: BACKGROUND: BJT:la~s May 19, 2003, 12:38PM ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 IAGENDA SECTION: Closed Session ITEM: ~.~, (~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney May 19, 2003 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. Zachary David Faulconer v. City of Bakersfield, et al; Kern County Superior Court Case No. 245793-SPC RECOMMENDATION: BACKGROUND: BJT:dll May 19, 2003, 3:02PM ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Presentations ITEM: 5. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 15, 2003 _~ROVED DEPARTMENT HEAD_..~ CITY ATTORNEY CITY MANAGER ~ Presentation by Mayor Hall of a Mayor's Award & Certificate to Gabrielta McCutcheon for an act of heroism. RECOMMENDATION: BACKGROUND: ndw May 16, 2003, 8:18AM S:\MAYOR~DMIN\GABRIELLE MCCUTCHEON.dot ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Presentations ITEM: ..~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall May 15, 2003 DEPARTMENT HEAD Presentation by Mayor Hall of a Certificate to The Kern fundraising efforts. ..~OVED CITY ATTORNEY CITY MANAGER /~ Ice Sports Supporters for RECOMMENDATION: BACKGROUND: ndw May 16, 2003, 8:29AM S:\MAYOR~ADMIN'~KERN ICE SPORT SUPPORTERS.dot ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: <~. ~,,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk t2~ ~ May16,2003 DEPARTMENT HEAD CITY ATI'ORNEY CITY MANAGER Approval of minutes of the May 14, 2003 Council meeting. APPROVED RECOMMENDATION: Staff recommends approval. BACKGROUND: pi S:\Council\admins~2003\MAY 28, 2003.DOT ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 16, 2003 APPROVED ATTORN CITY MANAGER Approval of department payments from May 02, 2003 to May 15, 2003 in the amount of $5,939,356.36 and self insurance payments from May 02, 2003 to May 15, 2003 in the amount of $349,530.18. RECOMMENDATION: Staff recommends approval of payments totaling $6,288,886.54. BACKGROUND: klg May 16, 2003, 10:42AM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 8, 2003 AGENDA SECTION: Consent ITEM: ~,~, ~.OVED DEPARTMENTH~AD CITY ATTORN E"~'Y~ CITY MANAG~ SUBJECT: An Ordinance adopting the Negative Declaration and amending Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 123-35 from an R-1 (One Family Dwelling) zone to an E (Estate) zone located on the north side of McKee Road, between Stine Road and Akers Road. (ZC 03-0179) (Ward 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This zone change from R-1 (One Family Dwelling) to E (Estate) provides consistent zoning throughout a large lot single family residential subdivision. With the R-1 zoning in place, lots would have been created that were "split zoned", having both R-1 and E zoning within one lot. City policy does not permit split zoning on newly created parcels. The lots proposed within the subdivision were sized in conformance with the Estate zoning (10,000 square feet or larger). This zone change satisfies a condition of approval on Tentative Tract 6178 to obtain policy compliance regarding split zoning. The Planning Commission heard the requested zone change on April 17, 2003 concurrently with an application to subdivide the property into residential lots and recommended approval to the City Council. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on March 11, 2003, in accordance with CEQA. LP Admin\may\5-28-0179 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM: ~. ct¢, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 15, 2003 DEPARTMENT HAF~ CITY A'FrORNEY- / CITY MANAGER/ / / Ordinance amending Chapter 5.56, to limit the size of transient outdoor businesses to 400 square feet. (All wards) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: Complaints about the practice of setting up automobile sales lots in parking lots of commercial centers as transient outdoor businesses were forwarded to the City Council's Legislation & Litigation Committee. Concerns included elimination of parking which would otherwise serve existing businesses, lack of sanitary facilities, loss of sales taxes, unfair and fly-by-night business practices and use of illegal signs for advertising. Staff explained that the intent of the Transient Outdoor Business Ordinance was to regulate small scale street corner sales of items such as brass or leather goods, art and rugs usually conducted from a van, pickup or trailer. They were not envisioned as being delivered by semi-tractor trailers or vehicle transporters. In order to maintain the intent of the ordinance it is recommended that it be amended to limit the size of a transient outdoor business to 400 square feet. JH:pjt Admin\5-28-tob ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 21,2003 APPROVED DEPARTMENTHEAD CITYA'I-rORNEY CITY MANAGER Ordinance adopting a Negative Declaration, approving the appeal, approving amendment to Section 17.06.020 and Zone Map No. 123-22 of Title Seventeen of the Bakersfield Municipal Code approving the requested zoning from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 15.43 acres located at the northwest corner of Stine Road and Panama Lane (ZC 02-0641). (Ward 6) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The Planning Commission conducted public hearings on the General Plan Amendment and Zone Change on March 17 and 20, 2003. A quorum of four Planning Commissioners voted on the project and by a two by two vote the project was "denied by operation of law." The City Council conducted a public hearing May 14, 2003 upholding the appeal and approving the requested general plan amendment. MG:pjt Admin\5-28-0641 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 8, 2003 DEP AR TM ENTH EAD~ --~,~e//D~ CITY ATFORN E~'"~ CITY MANAGER / SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-14 from A (Agriculture) to R-1 (One Family Dwelling) zone on 89.31 acres located along the west side of Allen Road, north of Noriega Road. (ZC 02-1248) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted first reading of the Ordinance on May 14, 2003. This amendment would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this Zone Change and recommended City Council approval on April 3, 2003. The Planning Commission had Air QuaJity impact concerns based on the number of lots for the project site. The applicant demonstrated to the Commission that with added conditions, those air quality impacts could be reduced to levels less than significant. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initiat 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 18, 2003, in accordance with CEQA. MO Admin\5-28-1248 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM: ~, 9' TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 8, 2003 /A~PR~ED DEPARTMENT HEAD/'/ ~--~ SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 105-15 from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) on 20.70 acres located approximately one-half mile south of State Route 178 along the east side of Miramonte Drive (extended). (ZC 02-1144) (Ward 3) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the ordinance on May 14, 2003. Applicant proposes to develop the 20.70 acre site with 41 residential lots ranging in size from 10,341 square feet to 27,792 square feet. The Planning Commission approved theses 41 residential lots by Vesting Tentative Tract 6160 on January 16, 2003. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change and recommended City Council approval on March 20, 2003. The Commission had concerns of traffic congestion and safety at the intersection of Miramonte Drive and State Route178 and recommended a condition requiring the applicant pay a pro-rata share of the traffic signal installation cost at such intersection. RED Admin\5-28-1144 ADMINISTRATIVE REPORT IMEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM ~, h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building May 12, 2003 D EPARTM ENT HEA _ CITY ATTORN CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessment of 701 Union Avenue in the City of Bakersfield for which structures have been demolished and authorize collection of the assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on May 12, 2003, by the Assistant City Manager and all proposed charges were confirmed. The subject property listed below was in violation of the Uniform Code for the Abatement of Dangerous Buildings pursuant to Title 15 of the Bakersfield Municipal Code. The property owner was notified and failed to commence the required work as ordered. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 701 Union Avenue 009-471-12 009-471-13 009-471-14 $159,731.00 As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessment associated with the above mentioned property. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. MAY28B1 HRG May 12, 2003, 2:41PM P:\may28bll.doc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: g.i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 15, 2003 APPROVED DEPARTMENT HEAD ,¢¢~,~ c,Ty ATTORNE¢' CITY MANAGER ~ Resolution ordering the summary vacation of the unused Irrevocable Offer of Dedication of the 60 foot wide easement for road purposes between Marriott Drive and Burr Street, (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: An easement for a future north/south road connection between Marriott Drive and Burr Street was reserved by an Irrevocable Offer of Dedication recorded in December of 1990. Because of the changes in proposed development, the road easement has never been improved or accepted into the City road system. Grand Shangrila international, Inc. owns the majority of the property directly adjacent the "Offer" of road easement. The only other adjacent property owner is the City of Bakersfield, owner of the Fairhaven Water Facility at the northeast corner of Burr Street and the easement. Burr Street provides access to the City water facility. Grand Shangrila has requested summary vacation of the Irrevocable Offer of Dedication to provide a site area for the new Hilton Garden Inn to be located at 3625 Marriott Drive. The City Public Works Department recommends that the portion of the Irrevocable Offer of Dedication of Road Easement (unnamed) between Marriott Drive and Burr Street, filed for record in Book 6461, Page 1423, OR., be summarily vacated. Public Works staff has determined that because the road easement has never been improved or accepted and does not cut off access to any property, pursuant to Government Code Section 7050 and Streets and Highways Code Section 8334, it can be summarily vacated by City Council. The City Fire, Police, Public Works, Water Resources, Development Services and Economic Development Departments have been notified and none have objected to the proposed vacation. The City Planning Commission at its meeting of April 17, 2003, heard the proposal and found the proposed vacation to be consistent with the Metropolitan Bakersfield 2010 General Plan. May 15, 2003, 11:42AM Document1 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD /'~ May 16, 2003 CITY ATTORNEY ~ CITY MANAGER .~ m~e Resolution supporting the federal reauthorization of Amtrak and the est,~blish nt of a nationwide, interconnected passenger rail system, as set forth in the principles of the American Passenger Rail Agreement. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Congress is currently debating the reauthorization of both Amtrak within the Transportation Equity Act for the 21~t Century (TEA-21). The Midwest High Speed Rail Coalition is coordinating an effort in support of federal legislation to institute policy changes and provide funding that will lead to a healthy and growing intercity passenger rail system. To date, over eighty organizations throughout the country have adopted a set of principles contained within the American Passenger Rail Agreement. The proposed resolution from the City of Bakersfield will encourage long-term funding for intercity passenger rail, patterned after existing highway, airport, and mass transit programs; the establishment of a federal policy to preserve and improve a national passenger rail system; full federal funding of Amtrak to maintain a national network while new plans and policies are being developed, and full funding of a national interconnected passenger rail system in subsequent years. May 16, 2003, 3:31 PM P:~Adrnin Reports&Related~,drn -2003~ArnerPassengerRail-051603.dcc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. K, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 16, 2003 DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER /~~VE D Resolution of Intention No. 1301 to add territory, Area 1-38 (Brimhall, Jenkins SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 0Nard 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6139 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 median and street landscaping. Area 1-38 is generally bounded by Brimhall Road on the north, Jenkins Road on the east, a line 1/4 mile south of Brimhall Road on the south and a line 660 feet west of Jenkins Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when 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 the covenant is attached for reference. Lvd May 13, 2003, 4:47PM S:~PROJ ECTS\MAINDIST~ADMINRPT~MD1-38Ri03.dot ADMINISTRATIVE REPORT IMEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar TEM: ~, I. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: May 20, 2003 CITY A'I-rORNEY CITY MANAGER SUBJECT: Cooperative Agreement with the State of California, Department of Transportation for the City to perform right of way acquisition for the SR 99 southbound auxiliary lane, from Planz Road Overcrossing to White Lane. (Ward 7) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The Department of Transportation is currently pursuing a project to construct an auxiliary lane on southbound State Route 99 from Planz Road to White Lane and reconstruct the southbound exit ramp at the White Lane Interchange. In order to expedite the project, the Department of Transportation desires the City to perform land acquisition for the additional right of way necessary to construct the improvements. It ~s anticipated that the Department of Transportation's project will be constructed in conjunction with the City's current project to widen White Lane Overcrossing and improvements to the northbound on/off ramps. City staff is making this project a high priority and are currently working on it. The State desires to enter into a Cooperative Agreement with the City for which the State, acting by and through its Department of Transportation, will allocate $125,000 to the City for the purchase of the additional right of way. PW_NFidler G:\GROUPDAT~ADMIN RPl~)O3~OS-28\Calt rans-W hiteLane-C°°p'd°c ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ITEM: ~, r~, TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 9, 2003 Tract Maps and Improvement Agreements APPROVE0 DEPARTMENT HEAD~_~ CITY ATTORNEY CITY MANAGER Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056 Phase 4 located east of Jewetta Avenue and south of Olive Drive. (Ward 4) Final Map and Improvement Agreements with Riverlakes Investment Company, LLC, for Tract 6135 located south of Olive Drive and west of Riverlakes Drive. (Ward 4) Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit 2 located south of Harris Road and east of Buena Vista Road. (Ward 5) Final Map and Improvement Agreements with Centex Homes for Tract 6104 Unit 4 located south Harris Road and east of Buena Vista Road. (Ward 5) Final Map and Improvement Agreement with Centex Homes for Tract 6104 Unit 6 located south of Harris Road and east of Buena Vista road. (Ward 5) Final Map and Improvement Agreements with HOVOne, Inc., and Lennar Bakersfield, Inc., for Tract 6032 Unit 1 located north of Ming Avenue and east of South Allen Road. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. May 15, 2003, 11:28AM G:\GROUPDAT~ADMINRPT~2003\05-28\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 IAGENDA SECTION: Consent ITEM: 3, r~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 21,2003 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~/'~,~ CITY MANAGER ,~// Agreement with Northcutt and Associates, $71,170 for preparation of a Municipal Services Review. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In order to update the City's Sphere of Influence, LAFCO must conduct a Municipal Services Review (MSR). The review must contain a compilation and evaluation of service providing agencies and districts. Written determinations must be made regarding specific factors as set forth in the Cortese/Knox Hertzberg Local Government Reorganization Act of 2000. The City of Bakersfield in partnership with Kern County LAFCO desire to have an MSR prepared for the Metropolitan Bakersfield General Plan area. In order to expedite completion of the MSR, SOl amendment and subsequent annexations, the City will act as the lead agency. Request for proposals were sent to five consulting firms. None of the other firms submitted proposals. Northcutt and Associates have expertise in this area. They completed the Municipal Services Review for California City which was adopted by Kern County LAFCO in February of this year. The Sphere of Influence is the probable physical boundary that the City can reasonably control and service. It is established by LAFCO. In some areas this boundary is the same as the city limits while in other areas it extends beyond the city limits. Annexation cannot occur unless the property is within the SOl. Annexations provide the City with opportunities to grow and expand its tax base enabling it to more efficiently deliver services. SG:pjt Admin\may\5-28-soi ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 IAGENDASECTION: Consent Calendar ITEM: ~,. O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager May 21,2003 McMurtrey Aquatic Center (VVard 2) APPROVED CITY MANAGER ~/ 1. Appropriate $33,000 from the Aquatic Fundraising Group. 2. Amendment No. 2 to Agreement No. 02-207 with Rossetti Architects, Inc. for additional design work in the amount of $7,000. RECOMMENDATION: Staff recommends appropriation of $33,000 from funds to be received from the aquatic fundraising group and approval of the amendment. BACKGROUND: When long course swimming meets are held at the McMurtrey Aquatic Center, warm up lanes are necessary for swimmers who are preparing to compete or who are cooling down from competition. That has been anticipated to take place in the play pool. See the attached diagram. The length of the current design is about 21 yards. Competitive swimming meets prefer a 25-yard length. The aquatic fundraising group is willing to pay the $7,000 design fee and $26,000 construction cost to accomplish this. We do not expect a measurable increase in operation and maintenance costs from this change. We appreciate and thank the fundraising group and Chairperson, Greg Bynum for their generosity, and recommend approval. May 22, 2003, 8:57AM S:~dmin Rpts~003~quatic 052803.doc Page 1 AT:al ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director May 21, 2003 APPBOVED DEPARTMENT HEAD //~ CITY ATTORNEY ClTY MANAGER Reject all bids for Demolition of Improvements at 800 14th Street, Food Bank. 0Nard 2) RECOMMENDATION: Staff recommends rejection of bids, designation of some bid items as "Specialty Items", and re-advertisement of the project. BACKGROUND: This project consist of demolition of the old Food Bank building at 800 14th Street; the demolition of abandoned "P" Street north of 14th Street, and the existing temporary parking lot immediately west of the Food Bank for construction of new City parking lot adjacent to the new Aquatic and Ice Center projects. The original Engineer's Estimate of $175,000 dated March 28, 2003 was based on a normal amount of asbestos in the project. The Engineer's Estimate was increased to $320,000 after the asbestos report (dated May 1, 2003) showed the building contained a substantially larger amount of asbestos. In addition the scope of work was increased to include the demolition of abandoned "P" Street and the adjacent parking lot, and installation of a new fence at the railroad right of way. However, only $189,000 was budgeted for this project. On May 20, 2003, eight bids were received as follows: Bowen Engineering & Environmental 4664 S. Cedar Ave. Fresno, CA 93725 (Out of City) In amount of $238,999.34 Soil Enterprises P.O. Box 733 Brentwood, CA 94513 (Out of City) In amount of $242,899.12 Keeling Construction 2301 El Toro Viejo Bakersfield, CA 93309 (County) In amount of $255,977.80 Abateco 850 Petro Road Bakersfield, CA 93308 (County) In amount of $269,501.16 Wgm Public Works/Design Engineering May 21,2003, 4:54PM G:\GROUPDA'FV~DMINRPT~2003\05-28~Demofition of Improvements at 800 14th Street.doc ADMINISTRATIVE REPORT Valley Tree & Construction 4233 Quinn Road Bakersfield, CA 93308 (County) In amount of $269,973.06 CST Environmental 404 North Berry Street Brea, CA 92821 (Out of City) In amount of $296,747.88 DO JO, Inc. 13224 Valley Blvd. La Puente, CA 91746 (Out of City) In amount of $327,000.00 Concrete Cutting Unlimited, Inc. 3747 Gilmore Ave. Bakersfield, CA 93308 (County) In amount of $341,670.00 An additional bid, from Kroeker, Inc. of Fresno, California was rejected by staff as being non-responsive since the General Contractor (Kroeker) was doing less that 50% of the bid amount as required by the project specifications. Kroeker's bid amount was $167,957.00. Since the lowest responsive bid exceeds the budgeted funds, staff recommends rejection of all bids and re-advertisement for bids. The new bid document will include the designation of asbestos abatement as a Specialty Item. This will help ensure that all bidders can comply with the specifications. Wgm Public Works/Design Engineering May 21, 2003, 4:54PM G:\GROUPDA'I~ADMINRP3~2003\05-28~Demolition of Improvements at 800 14th Street.doc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 15, 2003 AGENDA SECTION: Consent Calendar ITEM: ~. ~.~ APPROVED DEPARTMENT H EAD~'~',-~r'~'~--' CITY ATTORNE. Y~~ CITY MANAGER SUBJECT: Accept bid from Technology Integration Group $54,483.00 to retrofit Lucent Wireless LAN equipment for the Police Department. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: This equipment gives the City the ability to upgrade software on the Police Department Mobil Data Computers on site. Invitations to bid were sent to twelve (12) vendors. One (1) responsible bid was received May 14, 2003, as follows: Technology Integration Group 23 Mauchly, Suite 115 Irvine, CA 92618 in the amount of $54,483.00 Purchasing Division DW:ljm P:~ADMIN~003 ADMIN\C03 0528 A_Wireless LAN Kit.doc REVISION May 21, 2003, 2:30PM ADMINISTRATIVE REPORT IMEETING DATE: May 28, 2003 AGENDA SECTION: Consent ITEM: ~. V'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police APPROVED DEPARTMENT HEAD ~, May 15, 2003 CITY ATTORNEY ~ -.1 CITY MANAGER ~ Acceptance of $57,721.62 California Law Enforcement Equipment Program (CLEEP) funds for purchase of computers and a Wireless Local Area Network (WLAN). RECOMMENDATION: Staff recommends Council accept California Law Enforcement Equipment Program funds and approve appropriations. BACKGROUND: On December 9, 2002, the City of Bakersfield received $57,721.62 from the State of California (Governor's Budget). The purpose is to provide funds to the Bakersfield Police Department for purchase of technology equipment. The funds are allocated to county sheriff's and city police chief's in accordance with the proportionate share of the state's total population that reside in each county or city. The police department desires to use these funds to purchase personal computers for the Investigation's and Narcotic's sections of the police department and provide additional funds to develop and implement a Wireless Local Area Network (WLAN). rou May 15, 2003, 2:50PM P:~ADMRPT~CLEEP funds.dot ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Consent Calendar ~ 1 ITEM: ~, ~. / TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director May 16, 2003 APPROVED DEPARTMENT HEAD CITY ATTORI~Y ~'~ CITY MANAGER Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $175,991.38. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) General Services - Airpark Police (Alarm Violations & Misc. Activity) Fire Safety (Haz Mat Plans & Spill Response) Residential Sewer Service & Solid Waste (Refuse) Other $54,643.44 52,853.98 12,446.42 22,501.50 12,193.29 21,055.75 297.00 TOTAL $175.991.38 The recommended write off amount is about .52% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 10.06% or $17,696.25 of the write off amount. In these cases, claims have been filed with the court. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. klg May 16, 2003, 4:39PM S:\KimG\Bill~Admin ~ Writeoffs03.doc ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 IAGENDA SECTION: Consent Calendar ITEM: ~.--~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police May 20, 2003 APPROVED DEPARTMENT HEAE~~-~ CITY A'I-rORNEY ~ ClTY MANAGER A Waiver of Sub-Grant Award for Juvenile Accountability Incentive Block Grant *Requested by the Kern County Administrative Office RECOMMENDATION: Staff recommends council authorize the waiver. BACKGROUND: The City received a request from Sr. Deputy County Administrative Officer, Fred Plane, for the City Manager to sign a waiver allowing Kern County to access federal grant funds which are designated for Bakersfield. Funds in the amount of $42,994 were allocated for the Bakersfield area for fiscal year 2003-04 for the purpose of providing funding for juvenile accountability programs, probation services, juvenile court and incarceration. The City has no eligible use for the monies because the amount of funding provided to cities is not adequate to fully support these types of programs and services, which are typically provided by the county. The grant requires a 10% match of funds for which the county will be responsible. The funding for this program must be applied for on an annual basis, thus this waiver request is for this year only. The state which administers the federal grant program requires the waiver for the county to access these funds. EWM/vrf May 20, 2003, 2:58PM P:\RP'l'~Admin Grant Juvenile Accountability 5-20-03.DOC ADMINISTRATIVE REPORT IMEETING DATE: May 28, 2003 AGENDA SECTION: Hearings ITEM: ~{. 0~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning April 10, 2003 General Plan Amendment/Zone Chanqe 03-0002 (Ward 7) Porter-Robertson Engineering has proposed a General Plan Amendment on 2.81 acres and an ordinance amendment for 27.91 acres, located generally north of Hosking Avenue, west of South Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (General Commercial) to LR (Low Density Residential) on 2.81 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-30 from R-S 2.5A (Residential Suburban-2.5 acres minimum), E (Estate), A (Agriculture), C-2 (Regional Commercial), and M-2 (Generat Manufacturing) to R-1 (One Family Dwelling) zone on 27.91 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general ptan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units on the 27+ acre site. The Ptanning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on March 20, 2003. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 21,2003, in accordance with CEQA. MO Admin\5-28-0002 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 IAGENDA SECTION: Hearings ITEM: (~. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 8, 2003 DEPARTMENT HEA .~~.ED C, A OR.EY / CITY MANAGER/ ~ General Plan Amendment/Zone Chanoe 03-0005 (Ward 7) Gh. Mollagha Semi Tagrizi is requesting a General Plan Amendment and Zone Change on 1.38 acres generally located along the west side of South "H" Street approximately 150 feet south of Pacheco Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from GC (General Commercial) to HMR (High Medium Density Residential) on 1.38 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-13 from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 1.38 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the General Plan Amendment and first reading of the Ordinance. BACKGROUND: Applicant proposes to develop the 1.38 net acre site to 17 dwelling units per net acre which equates to 24 dwelling units. The HMR designation and the R-2 zone allow a maximum of 17.42 units per net acre. Applicant's proposal is within the prescribed limits of the HMR land use designation and the R-2 zone. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change and on March 20, 2003, recommended City Council approval. There were no significant issues raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED Admin\may\5-28-0005 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Hearings ITEM: C{, 0.,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning May 21,2003 General Plan Amendment 03-0008 (Ward # 3) APPROVED DEPARTMENT HEAD CITY ATTORNEY _ CITY MANAGER //~ Mclntosh & Associates has applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan, realigning Valley Lane, south of Paladino Drive and a segment of Panorama Drive; and, deletion of a third unnamed collector south of the Panorama Drive alignment, generally located between Paladino Drive, State Route 178, Masterson Street and Queen Street. Resolution approving the Negative Declaration and adopting the General Plan Amendment. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment. BACKGROUND: The proposal will realign Valley Lane and Panorama Drive and delete an unnamed collector. This realignment and deletion of collectors will not adversely affect vehicular circulation. The Planning Commission conducted public hearings on this General Plan Amendment and recommended City Council approval on March 20, 2003. There were no significant issues raised by the public or any affected public agency at the public hearings held by the Planning Commission. RED Admin\may\5428-0008 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning May 8, 2003 IAGENDA SECTION: Hearings ITEM: ~, (~.  OVED DEPARTMENT ['lEAD/~, , MA. ER SUBJECT: Concurrent General Plan Amendment/Zone Chanqe No. 03-0009 (Ward 5) Mclntosh and Associates has proposed a general plan amendment and zone change on 11.98 acres located at the southeast corner of Pacheco Road and Buena Vista Road and 13.90 acres located at the northeast corner of Buena Vista Road and the alignment of Harris Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from GC (Genera~ Commercial) to LR (Low Density Residential) on 11.98 acres and LR (Low Density Residential) to GC (General Commercial) on 13.90 acres. An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-19 from C-1 (Neighborhood Commercial) to R-1 (One Family Dwelling) on 11.98 acres and R-1 (One Family Dwelling) to C-2 PCD (Regional Commercial Planned Commercial Development) on 13.90 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: The Planning Commission conducted public hearing(s) on this general plan amendment/zone change and recommended City Council approval on March 20, 2003. The purpose of the project is to move the existing commercial designation and zoning from the southeast corner of Buena Vista Road and Pacheco Road to the northeast corner of Buena Vista Road and the alignment of Harris Road. The proposal wou[d not change the net acreage of either site which is ten (10) acres. The proposal would not impact the tentative subdivision map recently approved for the area (Tentative Tract No. 6165). Buena Vista Canal traverses the portion of the project site which is located at the northeast corner of Buena Vista Road and the alignment of Harris Road. The applicant has indicated that the canal will be piped under this portion of the project site. On March 20, 2003, the Planning Commission reviewed GPA/ZC 03-0009 and recommended its approval to the City Council with the addition of combining the P.C.D. (Planned Commercial Development) zone with the ADMINISTRATIVE REPORT Page2 C-2 zone proposed at the northeast corner of Buena Vista Road and the alignment of Harris Road. The purpose of the P.C.D. recommendation is to ensure that the future commercial development on the project site is adequately integrated and cohesively designed with the adjacent residential development for the purposes of protecting the public health, safety and general welfare. The proposal is consistent with the policy of the Land Use Element of the Metropolitan Bakersfield General Plan which encourages a half-mile separation between commercial designations. The northeast corner of Buena Vista Road and Pacheco Road is also currently designated for General Commercial (GC) land use and zoned for C-2 (Regional Commercial) development. The proposal would provide a half mile separation between the two (northeast and southeast corners of Buena Vista Road and Pacheco Road) existing commercial designations. The alignment of Harris Road is designated as a Collector under the Circulation Element of the Metropolitan Bakersfield General Plan. Pacheco Road has no Circulation Element designation. Moving the commercial designation to the northeast corner of Buena Vista Road and Harris Road would provide better circulation access for the commercial designation. WC Admin\may\5-28-0009 ADMINISTRATIVE REPORT MEETING DATE: May 28, 2003 AGENDA SECTION: Hearings ITEM: q, ~, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning April 10, 2003 SUBJECT: General Plan Amendment/Zone Chanqe 03-0047 (Ward 4) The City of Bakersfield representing the property owner proposed a General Plan Amendment and an ordinance amendment for 4.77 acres, located along the west side of Jewetta Avenue, approximately 250 feet south of Birchhaven Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 101-25 from RS-5A (Residential Suburban 5 acres minimum) to E- 14,000 (Estate-minimum 14,000 square feet) zone on 4.77 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: This amendment to the general plan would permit the development of single family residential units. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on March 20, 2003. There were some property owners to the north of the project site that spoke and discussed there concerns with the proposal. Their main opposition/concerns were the eventual size of the lots for the property and the development of two-story units along the north side of the site. After discussion the Planning Commission with concurrence from the property owner of the site, conditioned the approval to have a minimum 14,000 square feet per lot and to restrict the development of single story houses along the north property line of the site. The Planning Commission decision had one dissension vote, the vote was because of the single story restriction. ADMINISTRATIVE REPORT Page2 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 15, 2003, in accordance with CEQA. MO Admin\5-28-O047 ADMINISTRATIVE REPORT IMEETING DATE: May 28, 2003 AGENDA SECTION: Hearings ITEM: I~. ~C~ TO: FROM: DATE: Honorable Mayor and City CounciJ Development Services - Planning May 8, 2003 //~-~F~)VED DEPARTM E"T H D~__~_?...~ c,Ty A OR.E / CITY MANAGER //~ SUBJECT: General Plan Amendment 03-0090 (Ward 3) West Star Construction has proposed an amendment to the general plan on 1.3 acres located at 6101 Fair[ax Road. Resolution approving the Negative Declaration and adopting the land use element amendment from LR (Low Density Residential) to HMR (High Medium Density Residential) on 1.3 acres. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration and approving the General Plan Amendment. BACKGROUND: The Planning Commission conducted a public hearing on this General Plan Amendment and recommended City Council approval on March 20, 2003. The applicant requested a general plan amendment from single family residential to multi-family residential on 1.3 acres fronting Fair[ax Road. The current zoning is R-2 which permits multi-family residential development by right, the developer as in the site plan review process for a 16-unit multi-family residential project when the inconsistency between the existing zoning and the land use designation was discovered. This forms the basis for the request. The site is located at the primary access point for the Royal Coachman Estates residential development. The request will permit a modest increase in the number of units permissible on the property, approximately five units. Sewer and water can be provided to the site. Access will be directly to a local and then Fairfax Road (an arterial). The size, location and grade differential of the property precludes any reasonable usage for a single family residential development. There are no land use incompatibilities as all adjacent properties are either single family dwellings or multi-family dwellings. There is a large PG&E easement which bisects the property north and south, which ruins most development plans for single family dwellings. However, multi-family residential project can be accommodated on the site by placing the parking in the easement and the units adjacent to the easement. This project represents an excellent method of utilizing a particularly difficult property to develop. ADMINISTRATIVE REPORT The cost to the city for the seven concerts is approximately $21,000 ($3,000 each). This includes $17,000 paid to the Bakersfield Symphony Orchestra, some materials and advertising, and staff time. Our Travelin' Tunes concerts, which were also held in neighborhood parks, cost approximately $500 per concert. For these performances we hire bands that typically consist of 4-6 members. These concerts are also proposed to be cut from the budget. According to information we received from the band, the typical concert at Beale has 38 performers. We have been told that for over 50 years the band performed at Beale for no compensation from the City. The department no longer has sufficient staff to support the concerts (e.g. set up chairs and be present during the event). The department responded to a March 18 referral from Councilmember Benham regarding the cost for one concert to be held July 4. That cost is approximately $2,800 (without park staff). Mr. Dick Francisco, who represents the band, indicated that they intend to perform a concert July 6 at no cost to the city. Mr. Francisco provided the attached cost detail for the band with the typical number of musicians and for two smaller size bands. When asked whether they could further down-size the band to work within a fixed budget; he indicated they could. He did note that with a smaller band the play list of songs is reduced. Staff recommended that the city accept the band's offer for the July 6th concert. The Committee indicated a desire to preserve the Beale Park concerts if a funding source other than the City could be obtained. Councilmember Sue Benham suggested that rather than the City funding the concerts, a public-private sponsorship program be pursued that would provide five more concerts this summer at a cost of $1,500 per concert or $15,000 for the season. Combined with the no-cost concert sponsored by Mr. Francisco on July 6th, it is proposed there would be a total of 6 concerts. The Committee felt that a fundraising effort would be more successful if a full band (38 pieces) was offered. That way donors could feel like they were preserving the existing concerts rather than paying for a reduced band. Councilmember Benham proposed a plan where 10 sponsors committing to donate $1,500 each would fund five (5) concerts, Two sponsors had already committed to participate prior to the Committee meeting. Later five other sponsors came forward to make a total of seven. Given the interest thus far finding three more sponsors seems very achievable and thus the sponsorship financing approach is likely to work. Mr. Francisco said that plans for the six concerts could according to this plan. He also agreed to reduce some concerts later in the season if for some reason enough additional sponsors could not be obtained. It was also decided that the first concert on June 15th would be cancelled because there was not enough time to for the band to plan and practice. For all the concerts, Recreation staff would not be available to set up chairs and provide support during the concerts. May 20, 2003, 9:32AM S:~C~Admin Rpts\parkdev zones 5-28-03.doc AT:al Page 2 ADMINISTRATIVE REPORT MEETING DATE: May28, 2003 AGENDA SECTION: ~eports ITEM: ID. 0.,. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: May 16, 2003 CITY ATTORNEY CITY MANAGER SUBJECT: Community Services Committee Report 2-03 -- Funding for Beale Park Concerts RECOMMENDATION: The Community Services Committee recommends that concerts at Beale Park be continued this season to the degree that donations are to pay for the costs of the performers. BACKGROUND: On May 12, 2003, the Community Services Committee met to discuss the possibility of preserving the Beale Park Concerts, which City staff recommended to be eliminated from the budget in FY 03-04. Staff gave the following report to the Committee on the history, cost and benefit of the concerts. For more than 60 years, there have been summer concerts held at Beale Park. This long-standing tradition contributed to a difficult decision when the Recreation and Parks department considered what adjustments could be made in response to the current budget crisis. Staff ultimately recommended to the Committee that the concerts at Beale Park be eliminated. This recommendation was based on several factors including: o 0 o These concerts are supported entirely by the general fund. The high cost of the concerts in comparison to similar events offered by the city. Low attendance compared to other free events (eg. movie at Silver Creek had an estimated 900 people in attendance). Lack of staff to support the event. 1. Attendance at the seven (7) concerts in 2002 was estimated at: June 16 250 June 23 400 June 30 450 July 7 450 July 14 300 July 21 350 July 28 320 May 20, 2003, 9:31AM S:~C~Admin Rpts\parkdev zones 5-28-03.doc AT:al Page 1