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.
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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
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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
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Page 1