HomeMy WebLinkAbout03/15/2000 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 15, 2000
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m
PRE-MEETING
1. ROLL CALL
(60 min)
WORKSHOP
a. Borba Dairy Development Presentations. (Assistant City Manager John Stinson)
CLOSED SESSION
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8 regarding 1401 Calloway Drive, Bakersfield, California, 93312;
Negotiating Parties: Finance Director Gregory Klimko, Senior Real Property Agent
Don Anderson, Howard Smith and Deborah Smith and their counsel, Michael T.
Whittington; 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;
City of Bakersfield, etc. vs. Valley Communities, Inc., etc., et aL; Kern County
Superior Coud Case No. 238380-RA.
REGULAR
1.
2.
4.
5.
MEETING
INVOCATION by The Church of Jesus Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
PUBLIC STATEMENTS
7. APPOINTMENTS
a. One appointment to the Citizens' Community Services Advisory Committee.
Staff recommends Council determination.
b. One appointment to the Historic Preservation Commission.
Staff recommends Council determination.
8. CONSENT CALENDAR
Minutes:
a. February 23, 2000 Council Meeting.
Payments:
Payments from February 12, to March 3, 2000 in the amount of $9,506,126.26; and
Self Insurance payments from February 12, to March 3, 2000 in the amount of
$284,463.47.
Resolutions:
c. Grant from the California Office of Traffic Safety:
Resolution authorizing an agreement with the California Office of Traffic
Safety to accept a grant to promote traffic safety.
Agreement to accept $61,940 from the California Office of Traffic Safety for
the purchase of three sets of extrication equipment, public education
materials, and personnel training.
Appropriate $61,940 OTS grant to the Fire Department operating budget in
the General Fund.
Resolution approving an application for grant funds, $9,850 for Alliance Against
Family Violence (AAFV) Shelter Playground Project.
Agreement with Alliance Against Family Violence to accept required state
obligation associated with State Park grant.
Appropriate $9,850 State Park Grant to the Economic and Community
Development Department Operating Budget within the Community
Development Block Grant fund.
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(Ward 4)
(Ward 4)
(Ward 6)
(Ward 4)
(Ward 1)
(Ward4)
(Ward4)
(Ward 4)
(Ward4)
(Ward 2)
CONSENT CALENDAR continued
Resolution approving City Annexation No. 405, Proceeding No. 1275, uninhabited
territory located south of Olive Drive, west of State Route 99, east of Fruitvale
Avenue.
Agreement to indemnify LAFCO for City Annexation No. 405, Proceeding
1275.
f. Assessment District No. 99-2, (Seven Oaks West):
1. Resolution approving boundary map.
2. Resolution of Intention No. 1211.
3. Resolution approving acquisition and disclosure agreement.
Resolution seeking a fair share of Kern County Tobacco Settlement Revenue for all
Kern County Taxpayers.
Agreements:
h. Tract Maps/Improvement Agreements:
2.
3.
4.
Final Map and Improvement Agreements with Dandy and Associates for
Tract 5950, Unit B, located south of Hosking Avenue, east of Akers Road.
Final Map and Improvement Agreements with B and K One, Inc. for Tract
5669, Phase B, located north of Hageman Road, west of Old Farm Road.
Final Map and Improvement Agreements with ADH Corporation for Tract
5948, Phase A, located east of Oswell Street, north of Oswell Park Drive.
Final Map and Improvement Agreements with Castle & Cooke California, Inc.
for Tract 5928, Phase A, located west of Buena Vista Road, north of White
Lane.
Final Map and Improvement Agreements with Castle & Cooke California, Inc.
for Tract 5928, Phase B, located west of Buena Vista Road, north of White
Lane.
Final Map and Improvement Agreements with Castle & Cooke California, Inc.
for Tract 5928, Phase C, located west of Buena Vista Road, north of White
Lane.
Final Map and Improvement Agreements with Castle & Cooke California, Inc.
for Tract 5928, Phase E, located west of Buena Vista Road, north of White
Lane.
Agreement with Police Activities League, $114,000 to acquire property located
adjacent to 301 East 4th Street.
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(Ward 4)
(Ward 4)
(Ward 1 )
(Ward 4)
(Ward 4)
CONSENT CALENDAR continued
Agreement with County of Kern Mental Health Department for up to $22,332 in
Emergency Shelter Grant funds for operational activities, essential services and
homeless prevention activities to benefit homeless persons with mental disabilities.
Agreement with Castle & Cooke California, Inc., $36,000 to purchase real property
on the west side of Jewetta Avenue, south of Brimhall Road for a domestic water
well site.
Agreement with Bakersfield Senior Center (a 501(c)(3) tax exempt corporation) to
purchase six surplus computers, monitors and keyboards from the City for $6.00.
Agreement with Howard Dwayne Smith and Deborah Louise Smith to purchase real
property at 1401 Calloway Drive for $23,650 to widen Calloway Drive.
n. Property Acquisition:
Purchase Agreement with the McClanahan Survivors Trust, $13,000 to
acquire real property located at the northwest corner of Planz Road and
Anderson Avenue for use as a drainage basin, and adjacent land for
additional street right-of-way.
Appropriate $13,000 fund balance to the Capital Improvement Budget within
the Sewer Enterprise Fund.
Contract Change Order No. 1, to Agreement No. 98-191, with Utah-Pacific
Construction, reducing the compensation amount by $1,003,097 for various items
of work for the Allen Road Trunk Sewer project.
Bids:
Award Contract to HPS Plumbing Services, Inc., $229,653.20 to adjust manholes,
clean-outs and monuments on various local streets - 1999-2000 projects.
Appropriate $138,000 and $100,000 fund balance to the Capital
Improvement Program Budget within the Sewer Enterprise Fund and the
Gas Tax Fund.
Award Contract to Kern County Construction Inc., $250,000 for construction of one
concrete block pump house, installation of one deepwell turbine pump and motor,
electrical panel board, generator and miscellaneous piping and appurtenant facilities
for Ashe Water Well Number L-207, for the Water Resources Department.
Miscellaneous:
Approval of assignment of easements from ARCO Pipe Line Company to Pacific
Pipeline System, Inc.
Staff recommends adoption of Consent Calendar Items a. through r.
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9, HEARINGS
(Ward 4)
(Ward 3)
Resolution in support of amendment to the Kern Countywide Siting Element of the
Countywide Integrated Waste Management Plan.
Staff recommends adoption of the resolution.
Approval of the mitigated Negative Declaration and application for grant funding for
the southwest extension of the Kern River Bike Path.
Staff recommends approval of the mitigated Negative Declaration and grant
application,
Appeal by Harold Robertson representing Panorama Heights Development of the
Board of Zoning Adjustment's decision to deny a modification to allow a reduction
of the front yard setback from 25 feet to 20 feet in a One-Family Dwelling zone on
a total of 20 lots located on the west side of Thorner Street and Steelhead Drive in
Tentative Tract No. 5929. (P99-0823)
Staff recommends adoption of the resolution denying the appeal.
(Ward 2)
10.
REPORTS
Report by Ray Bishop, Director of Airports for Kern County, regarding Design of
Proposed Airport Terminal.
Staff recommends acceptance of report.
City Manager Oral Report No. 2-00 regarding Automated Red Light Traffic
Enforcement.
Staff recommends acceptance of the report.
c. Urban Development Committee Report No. 2-00 regarding Shellabarger Road.
Urban Development Committee recommends acceptance of the report and approval
of the recommendations.
Urban Development Committee Report No. 3-00 regarding the transfer of $20,000
Council Contingency to the Development Services Operating Budget within the
General Fund for the charrette process.
Urban Development Committee recommends approval of transfer appropriation and
directs staff to proceed with charrette process.
11. DEFERRED BUSINESS
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12.
(Ward 4)
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map
Nos. 122-01 and 123-06 by changing the zoning from One Family Dwelling zone to
Planned Commercial Development zone on 13.65 acres located south of Stockdale
Highway, west of Buena Vista Road, to allow a 102,222 sq. ft. neighborhood
shopping center. (ZC P99-0919)
Staff recommends first reading of the ordinance.
Ordinance amending Sections 5.06.010, 5.06.060 and Chapter 9.12 of the
Bakersfield Municipal Code and adding Sections 5.06.062, 6.06.064, 5.06.066,
5.06.068 and 5.06.069 to the Bakersfield Municipal Code relating to Adult
Entertainment Businesses.
Staff recommends first reading of the ordinance.
13. COUNCIL STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\CounciI~AGENDA\MAR 1500.wpd
March 9, 2000 (12:08pm)
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B A K E R S F I E L D
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
MARCH 10, 2000
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/'~/
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - MARCH 15, 2000, COUNCIL MEETING
PRE-MEETING
There is one workshop scheduled regarding the proposed Borba Dairy development. Presentations
will be made by supporters from both sides of the issue. Included along with the administrative report
is a memo from City staff responding to questions posed by Council members Couch and Maggard
at the January 31, 2000 Urban Development Committee meeting.
There are two closed session items: 1) Conference with Real Property Negotiator regarding 1401
Calloway Drive; and 2) Conference with Legal counsel regarding existing litigation on the matter of City
of Bakersfield vs Valley Communities.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
Item 8c. Resolution and agreement with the California Office of Traffic Safety. and appropriate $61.940
grant funds to the Fire Deoartment operating budoet in the General Fund. This item includes three sub
items: 1) resolution authorizing an agreement with the Office of Traffic Safety to accept a grant; 2) an
agreement with the Office of Traffic Safety to accept $61,940 of grant funds to purchase extrication
equipment, public education materials, and personnel training; and 3) appropriate $61,940 of OTS
grant funds to the Fire Department Operating Budget in General Fund. Specifically, the grant funds
will be used for emergency medical services, such as equipment rescue vehicle equipment and
medical aid supplies; occupant protection, including public education programs, training, education
material, and child restraint devices; and pedestrian and bicycle safety, including public education,
bicycle rodeos, bicycle helmet distribution, and educational materials.
Item 8d. Resolution approving an application for $9.850 arant funds for Alliance Aqainst Family
Violence {AAFV~ Shelter Plav(3round Project; and Aoreement with Alliance Aqainst Family Violence to
acceot reouired state obligation associated with State Park orant. The State of California Department
of Parks and Recreation administers grant programs which provide local government with funds to
acquire, construct, and purchase equipment for park facilities. Due to a special appropriation from the
State, the Alliance Against Family Violence has been granted $9,850 to purchase playground
equipment for their battered women and children shelter. AAFV will make the improvements on their
HONORABLE MAYOR AND CITY COUNCIL
March 10, 2000
Page -2-
property and accept responsibility of future maintenance on improvements, and will also be responsible
for any additional cost above the grant amounts. The State requires that the grant funds be awarded
to AAFV through the City of Bakersfield.
Item 8e. Resolution approving City Annexation No. 405. and Aareement to indemnify LAFCO for this
annexation located south of Olive Drive. west of State Route 99, east of Fruitvale Avenue. LAFCO
approved the annexation on February 22, 2000. There were no protests at the LAFCO hearing, and
LAFCO has determined that the annexation does not require a public hearing because the applicant,
Kyle Carter, has requested the annexation and waved the right to a public hearing. The annexation
area consists of 504 acres of uninhabited land, which is located generally south of Olive Drive, west
of State Route 99 and east of Fruitvale Avenue. The project site was purchased by Mr. Carter from
the North of the River Sanitation District, which used the property as their treatment facility and
spreading grounds.
Item 8f. Resolution aDprovina boundary maD. and acquisition and disclosure agreement for
Assessment District No. 99-2. (Seven Oaks West~. On January 12, 2000, the City Council approved
a resolution accepting a petition in determining to undertake special assessment proceedings. Castle
and Cook California, Inc., has petitioned the City to provide special assessment financing for the
eligible public improvements in an area of their development program known as Seven Oaks West.
Item 8g. Resolution seeking a fair share of Kern County Tobacco Settlement Revenue for all Kern
County Taxpayers. As a result of the settlement involving the tobacco companies, $206 billion will be
divided by the State of California, counties and four large cities (Los Angeles, San Diego, San
Francisco, and San Jose) who participated in the litigation. It is estimated that Kern County will receive
approximately $9.5 million in Tobacco Settlement Revenue in Fiscal Year 2000-200, and $160,000,000
over the next 20 years. These revenues are currently unrestricted in their use. The Kern County
Association of Cities recently met and discussed the issue, and a majority of the cities supported
residents of cities receiving a "fair share" of these revenues. It was suggested that each city adopt a
resolution to seek a fair share of Kern County Tobacco Settlement Funds for all County taxpayers,
including those who reside in cities.
Agreements:
Item 8i. Aoreement with Police Activities League to acouire property located adiacent to 301 East 4th
Street. The City Council approved $114,000 for PAL to acquire and improve their property for a youth
center at 301 East 4th Street as part of the 1999/2000 budget. Funding for the project comes from
CDBG funds. It will be a phased project that includes: 1) acquiring the six-acre parcel and installing
play fields and playground; 2) renovating the existing building, forming office spaces, building a boxing
gym, computer learning center, a new kitchen facility, and installing exterior or lighting fencing and
security system; and 3) rehabilitating the existing parking lot.
Item 8i. Agreement with County of Kern Mental Health Department for up to $22.332 in Emer(~encv
Shelter Grant funds for operational activities, essential services and homeless prevention activities to
benefit homeless persons with mental disabilities. This is the fourth year the City shall receive ESG
funds. It has been the Council's practice not to approve operating funds to non-profit agencies
requesting systems. However, with respect to ESG funds, the Council has made an exception to allow
the use of these funds for operational purposes. The Council approved funding, in principal, of up
$22,332 of ESG funds to Kern Mental Health Department as part of the FY 1999/00 budget. All
HONORABLE MAYOR AND CITY COUNCIL
March 10, 2000
Page -3-
activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
Item 8k. Aareement with Castle & Cooke California. Inc. to purchase real property on the west side
of Jewetta Avenue. south of Brimhall Road for a domestic water we~l site. The Water Resources
Department is acquiring a water well site to provide domestic drinking water for homes currently being
constructed in the area. The water well site contains approximately 11,430 square feet. The owner,
Castle and Coke California, Inc., will be responsible for all off-site improvements as set out in the
purchase agreement. The purchase price of $36,000 is based on an independent appraisal of the
property. On October 7, 1999, the Planning Commission found the acquisition of his property
consistent with the General Plan.
Item 81. Aareement with Bakersfield Senior Center to purchase six surplus computers, monitors and
keyboards from the City for $6.00. The Finance Director has received a request from the Bakersfield
Senior Center to buy six used, surplus computers. The Municipal Code provides for this action and
states any sale to a government and/or non-profit organization shall be subject to confirmation and
approval by the City Council. The items are being sold "as is and with faults" to remove the City from
any potential liability claims.
Item 8m. Aareement with Howard Dwayne Smith and Deborah Louise Smith to purchase real property
at 1401 Callowa¥ Drive for $23,650 to widen Callowav Drive. The City is acquiring a strip of land in
front of the home of Howard and Deborah Smith to allow for the widening of Calloway drive. In addition
to the purchase price, the City will be responsible for various improvements set out in the agreement.
On March 16, 2000, the Planning Commission will be asked to find the acquisition of the property is
consistent with the General Plan.
Item 8n. Purchase Aareement with the McClanahan Survivors Trust to acauire real property located
at the northwest corner of Planz Road and Anderson Avenue for use as a drainaae basin, and adiacent
land for additional street riaht-of-wav in the amount of $13.000: and appropriate $13.000 fund balance
to the Capital Improvement Budaet within the Sewer Enterprise Fund. This area was part of the Casa
Loma No. 6 annexation on July 10, 1997. Prior to annexation, the area did not have curbs, gutters,
and sufficient storm drain facilities. In order to reduce localized flooding of streets and improve storm
runoff, City engineers determined that additional drainage system were required. It was also
determined that the right-of-way for Planz Road between Anderson Avenue and Lotus Lane needed
to be widened. The proposed purchase agreement and appropriation of funds will provide for the street
widening. On February 17, 2000, the Planning Commission found the acquisition of property to be
consistent with the General Plan.
Item 8o. Contract Chanae Order No. 1. to Aareement No. 98-191. with Utah-Pacific Construction.
reducing the amount by $1,003,097 for Allen Road Trunk Sewer Droiect. Staff originally designed the
Allen Road trunk sewer and the Buena Vista Phase 2 sewer (ine projects to be constructed
simultaneously because of their interconnection. Subsequently, the decision was made to postpone
the construction of the Buena vista project for two years due to a funding shortage. This decision
necessitated a revision to the Allen Road construction contract to relocate the connection point. The
result of the redesign of the connection point was that the amount of pipeline was reduced by
approximately one mile. Therefore, a change order which resulted in a reduced contract amount is
now recommended. The savings from this change order could be applied to the Buena Vista Phase
2 project, which should be constructed within the next two years.
HONORABLE MAYOR AND CITY COUNCIL
March 10, 2000
Page -4-
Bids:
Item 8D. Bid Award to HPS Plumbing Services, Inc. to adjust manholes, clean-outs and monuments
on various local streets in the amount of $229.653.20: and appropriate $138.000 and $100,000 fund
balance to the Capital Improvement Program Bud(~et within the Sewer Enterprise Fund and the Gas
Tax Fund. Staff received four acceptable bids, and recommends award to HPS Plumbing. This project
is a follow up to the local streets resurfacing projects awarded last year and currently under
construction. This project will raise monuments, manholes and clean-outs to final street grade after
resurfacing. The Sewer Enterprise Fund will pay for the manholes and clean-outs, and the Gas Tax
Fund will pay for the monuments.
Item 8a. Bid Award to Kern County Construction Inc. for construction of water facilities associated with
the Ashe Water Well Number L-207 in the amount of $250.000. Staff received five acceptable bids,
and recommends award to Kern County Construction.
Miscellaneous:
Item 8r. Aooroval of assignment of easements from ARCO Pipe Line Company to Pacific Pioeline
System. Inc. ARCO Pipe Line Company has joined with Pacific Pipeline Systems, Inc. for the operation
of certain pipelines which cross City-owned land. The City of Bakersfield is bound by the terms of a
certain agreement entered into on December 23, 1964, which allows the assignment of easements
which exist over the property now owned by the City. Pacific Pipeline Systems, Inc. has adequate
general liability insurance, automobile liability and employer's workers' compensation liability, and
appears to be financially sound.
HEARINGS
Item 9a. Resolution in suoDort of amendment to the Kern Countywide Siting Element of the
Countywide Integrated Waste Manaoement Plan. Kern County is preparing to amend the Countywide
Integrated Waste Management Plan to include additional acreage for the Bena Landfill and to make
other minor changes in the text. Although the landfill is located outside the City, the City has the
opportunity to participate in the amendment process as outlined by law. Because these proposed
changes present no adverse impact on the area within the City's jurisdiction, staff is recommending
that the Council pass the resolution in support of the amendment.
Item 9b. ADoroval of the mitiaated Neaative Declaration and application for grant funding for the
southwest extension of the Kern River Bike Path. The City of Bakersfield is applying for funding from
the Department of Parks and Recreation for a Recreational Trails Program grant under the Federal
Transportation Equity Act of the 21~t Century legislation. The proposal is to construct about 10 miles
of bike path between State Route 43 (Enos Lane) and the end of the current bike path at Stockdale
Highway Bridge. An Initial Study determined that project implementation could impact biological habitat
and cultural/historic resources along the affected portion of the Kern River corridor. Site specific
biological and archaeological surveys were completed, and appropriate mitigation measures were
incorporated. The Initial Study and proposed mitigated Negative Declaration were circulated to
responsible and interested parties. No adverse comments were received from reviewing State or local
agencies, and no significant issues were raised by the public.
HONORABLE MAYOR AND CITY COUNCIL
March 10, 2000
Page -5-
Item 9c. Aooeal bv Harold Robertson representino Panorama HeiGhts Development of the Board of
Zoning Adiustment's decision to deny a modification to allow a reduction of the front yard setback in
a One-Family Dwelling zone on a total of 20 lots located on the west side of Thorner Street and
Steelhead Ddve. The applicant states the lesser setback will provide an increase in the usable lot area
of these rear yards. During the hearing, the Board of Zoning Adjustment noted that without the
setbacks, all lots in the tract will have about the same amount of usable rear yard area. The developer
is already reducing the street width to 56 feet, which will lessen the open space between the homes
and the street. In analyzing the applicant's proposal, the Board was made aware of adjacent tract
developments in the area that had similar topographies. In comparison to those tracts, the subject tract
has similar lot sizes and in most cases, greater lot depths. No setback modifications have been
approved in those other tracts. The Board's conclusion was that they could not permit the modifications
for the proposed improvements since the applicant could clearly place their proposed homes on the
lots meeting all required development standards.
REPORTS
Item 10a. Report bv Ray Bishop. Director of Airports for Kern County. regarding the Proposed Airport
Terminal. Mr. Bishop will present a 10 - 15 minute report on the status of the terminal design.
Item 10b. Reoort bv City Manager regardin(] Automated Red Lic~ht Traffic Enforcement. As a result
of Council concerns regarding safety hazards caused by motorists running red lights, the Police
Department has increased enforcement efforts. In addition, the department is evaluating the feasibility
of using cameras as an enforcement tool. The Police Department will provide a brief overview of how
this technology and program works.
Item 10c. Report by Urban Development Committee regarding Shellabaroer Road. Shellabarger Road
is a 3/4 mile long cul-de-sac in an unincorporated area adjacent to the City, which has given both
jurisdictions cause for concern with respect to the safety under emergency situations. A petition from
89 residents of Shellabarger Road was received by the City that also requested the opening of the
road. A survey of residents on Shellabarger Road voted 30 to 15 to open the road, while a survey of
City residents in the area voted 18 to 1 to not support the opening of the road due to concerns about
increased traffic. Opening the road will require the purchase of additional right-of-way to finish the
construction at the end of Pepita Way. While the completion of Pepita Way will help the residents of
Shellabarger Road, another road connecting Shellabarger Road to either Palm Avenue or Brimhall
Road would improve public safety response and address the traffic circulation concerns of both County
and City residents.
The Committee is recommending: 1) opening Shellabarger Road at Pepita Way; 2) staff proceed with
any environmental reviews required; 3) consideration of the opening of Shellabarger Road be referred
to the Planning Commission for determination of consistency with the 2010 General Plan, including a
public hearing; 4) direct staff to obtain an appraisal of the property required to complete the opening
of the road and initiate informal negotiations for the purposes of voluntary acquisition of the property
with the property owner; and 5) a letter be conveyed by the Mayor to the Kern County Board of
Supervisors requesting that the County pursue roadway construction connecting Shellabarger Road
to either Palm Avenue or Brimhall Road, or both.
HONORABLE MAYOR AND CITY COUNCIL
March 10, 2000
Page -6-
Item 10d. Report of the Urban Development Committee regardina the transfer of $20.000 Council
Continaencv to the Development Services Operating Budget within the General Fund for the Charrette
Process. Council member Randy Rowles attended a presentation on community involvement which
featured the charrette process. It appeared to be very effective in its focused approach to solving
community design problems, and was referred to the Urban Development Committee for consideration.
Staff was directed to contact community groups to gauge interest. Positive responses were received
from local planners, architects, Downtown Business and Property Owners Association, and 2020 Vision
coordinator. The cost for this process is estimated at $60,000, with $20,000 from private contributions,
$20,000 from grants and the balance from Council contingencies. The Committee recommends
appropriation of $20,000 to begin the program.
NEW BUSINESS
Item 12a. Ordinance amendina Bakersfield Municipal Code and Zonina Map bv chanaina the zoning
from One Family Dwellina to Planned Commercial Development zone on 13.65 acres located south
of Stockdale Hiahwav. west of Buena Vista Road. to allow a 102.222 sa. ft. neiahborhood shoDDina
center. The request is to change the zoning on 13.65 acres from Single-Family Dwelling to Planned
Commercial Development to allow development of a 102,222 square foot shopping center. The City
Council approved a commercial general plan amendment in November 1999 for the project area. On
February 17, 2000, the Planning Commission adopted a resolution recommending approval of the zone
change requested by Coleman Homes, Inc. No one spoke in opposition to the zone change at the
Planning Commission hearing. Based upon an initial environmental assessment, staff has determined
the proposed project will not significantly affect the physical environment or existing residential
development in the area.
Item 12b. Ordinance amendina the Bakersfield Municipal Code relatino to adult entertainment
businesses. This ordinance will eliminate inconsistencies in the code. Several provisions will also be
added which apply to prospective adult arcades (booths), mini-motion picture theaters, and live
entertainment theaters. These provisions include sections on access, separation of patrons and
performers, and the configurations of future arcades. There is also a section which will restrict doors
on such prospective structures. Finally, the chapter of the code which regulates nude entertainment
has been modified in light of state law which preempts many of the current sections. As such, the
proposed ordinance would repeal these sections and re-name the chapter to "Public Decency."
AT.AC:al
cc: Department Heads
City Clerk's Office
News Media File
REPORT
IMEETING DATE: March 15, 2000
IAGENDA SECTION: Workshops
ITEM: 2. a.
TO: Honorable Mayor and City Council APPROVED
Stinson, Assistant City Manager DEPARTMENT HEAD
FROM:
John
W.
DATE: March 3, 2000 CITY ATTORNEY ....
CITY MANAGER
SUBJECT:
Borba Dairy Development Presentations.
RECOMMENDATION:
BACKGROUND:
The Urban Development Committee met on Monday, January 31, 2000 to review the issue of the proposed
Borba Dairy.
At the meeting numerous comments were received from speakers, both in favo~ and opposed to the
proposed dairy project. Committee members expressed concerns that there were a number of unanswered
questions that needed to be addressed before a recommendation could be made to the full Council.
Committee members, therefore, requested that staff provide additional background information on the
impacts on air quality, water quality, and odor control; possible relocation to another site; the approval
process; the implications to the 2010 General Plan; and the maximum number of cows allowed at the site.
The Committee desired additional information from both the proponents and opponents of the project. It was
suggested that a workshop format before the entire Council would be the best way to present the information
to the Committee as well as the entire Council in order to promote a well informed decision. Therefore, the
Committee recommended that a Council workshop be scheduled on the Borba Dairy development with 20
minutes each for the proponents and opponents to make presentations regarding the project. Subsequent
to the workshop, the Urban Development Committee will meet at 4:00 on March 22, 2000, in the City Council
Chambers to further discuss the project and with the intent to bring back a recommendation to the Council
on the issue at the March 29~h City Council meeting.
s:~JOHN\UrbanDev\Borba Workshop Admin Report.wpd
March 3, 2000, 10:35AM
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
AGENDA SECTION: Closed Session
ITEM: 3. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
February 22, 2000
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
Conference with Real Property Negotiator pursuant to Government Code section 54956.8
regarding 1401 Calloway Drive, Bakersfield, California, 93312;
Negotiating Parties: Finance Director Gregory Klimko, Senior Real Property Agent Don
Anderson, Mr. Howard Smith and Deborah Smith and their counsel, Michael T. Whittington;
Under Negotiation: Price and terms of payment for purchase.
RECOMMENDATION:
BACKGROUND:
BJT:laa
MA15CA1.CS
February 25, 2000. 9:29am
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Closed Session
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Bart J. Thiltgen, City Attorney
March 2, 2000
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield, etc. v. Valley Communities, Inc., etc., et al.;
Kern County Superior Court Case No. 238380-RA
RECOMMENDATION:
BACKGROUND:
BJT:laa
MA15CA2.CS
March 2, 2000, 11:23am
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 JITEM:AGENDA7. SECTION:a. Appointments
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerk DEPARTMENT HEAD ~
DATE: March 3, 2000 CITY ATTORNEY ....
CITY MANAGER t~
SUBJECT:
One appointment to the Citizens' Community Services Advisory Committee
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Citizens' Community Services Advisory Committee due to the resignation of Jack
Goldsmith, (Ward 4).
An application to fill the vacancy has been received from the following individual:
· James Fitch
The Citizens' Community Services Advisory Committee represents various community groups and interests for
the purpose of advising the City Council as to policies for the convention center, city parks and city recreation
services, it is composed of seven (7) members, nominated by a Councilmember of each ward. However, it is not
necessaryforcouncilmembers tonominatearesidentfromhis/herward. Committee members must be residents
of the City throughout their term.
Meetings are held the second Tuesday of each month at 12:00 noon, in the Recreation and Parks Department
Conference Room, 4101 Truxtun Ave.
S:\Bds&Com m\CCSAC~A DMIN00.wpd
March 3, 2000, 12:49pm
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
I ITEM: ?.b.
AGENDA SECTION: Appointments
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
March 3, 2000
One appointment to the Historic Preservation Commission.
APPROVED
DEPARTMENTHEAD
CITY A'I-FORNEY .....
CITY MANAGER
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Historic Preservation Commission due to the resignation of Shirlyn Davenport, (Mayor
appointment).
Applications to fill the vacancy have been received from the following individuals:
· Jeffrey Nickell
Jerry Randall
The Historic Preservation Commission is an advisory body to the City Council. It is composed of nine (9)
members, nominated by Mayor/Councilmembers and confirmed by the Full Council. Members must be residents
of the City of Bakersfield, but not a specific Ward, throughout their four-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic Districts
in addition to applications which may be referred by the Planning Commission, Board of Zoning Adjustment or the
City Council. The Commission presides and conducts public hearings on designation applications and makes
recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. in the Kress Building Third Floor Conference
Room, 19~h & K Streets, Bakersfield California.
S:\Bds&Cornm\H PC'~,DMIN.W PD
March 3, 2000, 12:26pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
DEPARTMENT HEAD~VED
February 29, 2000
CITY ATTORNEY N/A
CITY MANAGER ~
Minutes of the regular Council meeting of February 23, 2000.
RECOMMENDATION:
BACKGROUND:
bz
S:\Council\admins~ADMINS\MAR1500.wpd
February 29, 2000, 8:23am
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: $. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 3, 2000
APPROVED
DEPARTMENT HEAD
A rOR
Approval of department payments from February 12, 2000 to March 3, 2000 in the amount of
$9,506,126.26 and self insurance payments from February 12, 2000 to March 3, 2000 in the
amount of $284,463.47.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,790,589.73.
BACKGROUND:
s:~acctpay~adrninf~ 1 .wpd
nks
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
March 2, 2000
A rOR.E
CITY MANAGER
SUBJECT:
Grant from the Califomia Office of Traffic Safety
1. Resolution authorizing an agreement with the California Office of Traffic Safety to
accept a grant to promote traffic safety
2. Agreement to accept $61,940 from the California Office of Traffic Safety for the
purchase of three sets of extrication equipment, public education materials, and
personnel training
3. Appropriate $61,940 OTS grant to the Fire Department operating budget in the
General Fund
RECOMMENDATION: Staff recommends adoption of Resolution, approval of Agreement, and appropriation
of OTS grant.
BACKGROUND: The California Office of Traffic Safety (OTS) offers grants to government agencies
and net-for-profit organizations to implement programs to reduce traffic fatalities, injuries, and
economic losses from motor vehicle collisions. The OTS awards funding to agencies focusing on
the following activities:
Emergency Medical Services: Equipment purchases, rescue vehicle equipment, and medical
aid supplies;
Occupant Protection: Public education programs, training, educational material, and child
restraint devices;
Pedestrian and Bicycle Safety: Public education programs, bicycle rodeos, bicycle helmet
distribution, and educational materials
To accomplish the foregoing, the Bakersfield Fire Department will enter into Project Agreement
Number EM0005 with the California Office of Traffic Safety with funds for $61,940. This agreement
provides the local agency with funds to purchase three sets of extrication equipment, public
education materials, and personnel training.
March 1, 2000, 4:50PM
p:~admin repo~California Office of Traffic Safety
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8 .d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jake Wager, Economic Development Director
February 29, 2000
,&PPR~ED
DEPARTMENT HEAD ~
ClTY ATTORNEY
CITY MANAGER
1) Resolution of the City of Bakersfield approving an application for grant funds in the amount
of $9850.00 for Alliance Against Family Violence (AAFV) Shelter Playground Project.
2) Agreement with AAFV to accept required state obligation associated with State Park grant.
3) Appropriate $9,850.00 State Park Grant to the Economic and Community Development
Department Operating Budget within the Community Development Block Grant fund.
RECOMMENDATION:
1) Staff recommends adoption of Resolution. ~'
2) Staff recommends approval of Agreement.
3) Staff recommends appropriation of $9,850.00 State Park Grant.
BACKGROUND:
The State of California Department of Parks and Recreation (State Parks) administers grant programs which
provide local government with funds to acquire, construct, and purchase equipment of park facilities. Due
to a special appropriation, the AAFV has been granted $9,850 to purchase playground equipment for their
battered women and children shelter.
The State Park funds must pass through the City to the impartation of the park funds which include the
negotiation, execution, and submission of all the necessary documentation. AAFV will make the
improvements on their properly and accept responsibility of future maintenance on the improvements. AAFV
will also be responsible for any additional cost above the grant amounts.
DIk:S:~Admins~aafv park grant.wpd
March 8, 2000, 9:43AM
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8. e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 25, 2000
DEPARTMENT H E.~..ED
CITY ATTO RN E/Y///~
CITY MANAGER ~
Resolution approving City Annexation No. 405, Proceeding No. 1275, uninhabited territory
located generally south of Olive Drive, west of State Route 99 and east of Fruitvale Avenue.
(Ward 4)
1. Agreement to Indemnify LAFCO for City Annexation No. 405, Proceeding 1275.
RECOMMENDATION:
Staff recommends adoption of resolution ordering the territory annexed to the City of Bakersfield.
BACKGROUND:
The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00-
04, on February 22, 2000, with a condition the city indemnify LAFCO. The commission designated
the City Council the conducting authority. LAFCO has determined that the annexation does not
require a noticed public hearing for this item. There were no protests at the LAFCO hearing.
This resolution makes findings that no written protests has been filed and ordering the territory
designated as Annexation No. 405, annexed to the City of Bakersfield.
LAFCO adopted Resolution No. 00-04 on February 22, 2000, with a condition that the city sign an
agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation.
It provides that if LAFCO is sued for approving the City's application for annexation the city will bear
the burden of defense.
The annexation area consists of 504.33 acres of uninhabited land, which is located generally south
of Olive Drive, west of State Route 99 and east of Fruitvale Avenue.
The project site was purchased from the North of the River Sanitation District, which was used as
their treatment facility and spreading grounds. The new owner wishes to annex the site to the city
and wishes to improve the overall circulation system through the property.
MO:pit
adrnin~mart3-153-a405
March 7, 2000, 8:32AM
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8. ¢.
TO:
FROM:
DATE:
SUBJECT:
1.
2.
3.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 14, 2000
APPROVED
DEPARTMENT HEAD ,~
CITY ATTORNEY ~'/~
CITY MANAGER /~
Assessment District No. 99-2, (Seven Oaks West):
Resolution Approving Boundary Map,
Resolution of Intention.
Resolution Approving Acquisition and Disclosure Agreement.
(Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On January 12, 2000 Council approved the resolution accepting petition and determining
to undertake special assessment proceedings. By its application dated November 11, 1999, Castle & Cooke
California, Inc., has petitioned the City to provide special assessment financing for the eligible public
improvements in an area of their development program known as (Seven Oaks West). This area is located
North of White Lane, East of South Allen Road, South of the Kern River Canal and West of Buena Vista
Road.
Once the Resolutions are adopted, the next step is for the Assessment Engineer to prepare a Preliminary
Engineer's Report.
The Boundary Map is on file in the City Clerk's Office.
February 14, 2000, 9:37am
G:\GROUPDA'r~ADMINRP'r~2000\March 15~AD99-2roi.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. g.
I
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: March 7, 2000 CITY ATTORNEY /"~
SUBJECT:
Resolution seeking a fair share of Kern County Tobacco Settlement Revenue for all Kern
County Taxpayers.
RECO M MEN DATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Kern County Association of Cities recently met and discussed the issue of the recent settlement of
litigation between the State of California and tobacco manufacturers. The settlement resulted in a windfall
of $206 billion to the State of California, counties and four large cities (Los Angeles, San Diego, San
Francisco, and San Jose) who participated in the litigation.
As part of the settlement the State will receive 50% of the revenues. The remaining 50% is to be distributed
to local government with 10% of that amount distributed equally among the four cities, and the remaining
90% of that amount going to the 58 counties to be distributed on a per capita basis.
It is estimated that Kern County will receive approximately $9.5 million in Tobacco Settlement Revenue in
Fiscal Year 2000-2001. These revenues are currently unrestricted in their use. At the Kern County
Association of Cities meeting a majority of the cities supported residents of cities receiving a "fair share" of
these revenues. It was suggested that each city adopt a resolution to seek a fair share of Kern County
Tobacco Settlement Funds for all County taxpayers including those who reside in cities.
The proposed resolution recommends that the City of Bakersfield join the incorporated cities of Kern County
in encouraging the Kern County Board of Supervisors to subvent Tobacco Tax Settlement dollars annually
received by the County to each incorporated city in Kern County on a per capita basis to provide a fair and
equitable share of Tobacco Settlement Revenue to municipal residents.
Staff recommends the adoption of the resolution.
S:~JOHN~AdminResoTobacco.wpd
March 7, 2000, 12:03PM
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. h.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
March 1, 2000
Tract Maps/Improvement Agreements:
APPROVED
DEPARTMENT HEAD./';~"~
CITYATTORNEY~-'~
CITY MANAGER /,X~,~
Final Map and Improvement Agreements with Dandy And Associates for Tract 5950 Unit B
located south of Hosking Avenue and East of Akers Road. (Ward 6)
Final Map and Improvement Agreements with B AND K One, Inc. For Tract 5669 Phase B
located North of Hageman Road and west of a Old Farm Road. (Ward 4)
Final Map and Improvement Agreements with ADH Corporation for Tract 5948 Phase A located
east of Oswell Street and north of Oswell Park Drive. (Ward 1)
Final Map and Improvement Agreements with Castle & Cooke Califor@ia, Inc. for Tract 5928
Phase A located west of Buena Vista Road and North of White Lane. (Ward 4)
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5926
Phase B located west of Buena Vista Road and north of White Lane. (Ward 4)
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5928
Phase C located west of Buena Vista Road and north of White Lane. (Ward 4)
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 5926
Phase E located west of Buena Vista road and north of White Lane. (Ward 4)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
These Agreements are entered into to secure the improvements required for
Subdivision Maps. Such improvements include, but are not limited to, streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN I
THE CITY CLERKS OFFICE FOR REVIEW
March 1, 2000, 9:47am
G:\GROUPDA'r~DMINRPT~000\March 15~Tr 5950B, Tr 5948A, Tr 5669B, Tr 5928A,B.C,E.wpd
TD
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jake Wager, Economic Development Director
February 15, 2000
~/~VED
DEPARTMENT HEAD ~
CITY ATTORNEY~-2~
ClTY MANAGER
Agreement with Police Activities League for $114,000 to acquire property located adjacent to
301 East 4th Street. (Ward #2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
As part of the CDBG 1999/2000 Action Plan, the City Council approved $114,000 for the PAL
acquisition/improvement project. The project provided for the acquisition and rehabilitation of a 17,865
square foot building that PAL would use as a youth center at 301 East 4~h Street. Shortly, after the budget
was approved by the City Council, PAL secured private financing to acquire the 301 East 4th Street property.
PAL expanded their application to purchase a six acre parcel adjacent to their 301 East 4~ Street youth
center. The parcel will be used to construct athletic playing fields and a playground for the PAL center.
During the same period, PAL requested funding from the County of Kern Community Development Program
Department to rehabilitate portions of the center.
PAL has planned multi-phased project in which they propose to:
Acquire the six acre parcel and install the playing fields and playground.
Renovate the 17,000 square foot building; forming office spaces, rest rooms, a boxing gym, a
computer learning center, new kitchen facilities, exterior lighting, fencing, security system and a
storage building. (Some of the work is already underway)
Rehabilitate the existing parking lot.
The City Council allocated $114,000 of CDBG funds for the acquisition project in the 1999-2000 budget; the
County allocated $116,500 from their CDBG entitlement for rehabilitation of the existing building. HUD
granted a release of the project funds effective January 15, 2000, clearing the way for City Council action.
hc:S:'~A d rain s~co u n cil admin boiher.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Consent Calendar
ITEM: 8. j.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Jake Wager, Economic Development Director
February 15, 2000
[~ ,VED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Agreement with County of Kern Mental Health Department (County) for up to $22,332 in
Emergency Shelter Grant (ESG) funds for operational activities, essential services, and
homeless prevention activities to benefit homeless persons with mental disabilities. (ALL
WARDS)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the fourth year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG
program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of
operating the shelters, and provide essential social services, as well as, funding preventive programs and
activities. There are three eligible activities: 1) provision of essential services; 2) payment of maintenance,
operation, insurance, utilities, and furnishings; and 3) the development and implementation of homeless
prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the council has made an exception and allowed the use of
these funds for operational purposes. Thus this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff will
continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 1999-00 budget process, the Council approved, in principle, the funding for
County of up to $22,332 for eligible ESG activities in May 1999. The agreement now before Council outlines
the requirements and responsibilities of the grant. Activities funded by the grant are outlined as follows:
DIk:S:~,dminsYnhsc esg adm 9900.wpd
February 15, 2000, 10:47AM
ADMINISTRATIVE REPORT Page 2
OperationalActivities: The regulation at 24 CFR 576.21 (a)(3) allows the use of ESG funds to pay for
shelter maintenance, operation, rent, repairs, security, fuel, equipment, insurance, utilities, food, and
furnishings. County will provide shelter voucher services for mentally disabled homeless persons. The
total amount of ESG funds expended to meet costs of this activity shall not exceed $22,332.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
DIk:S:~Admins~mhsc esg adm 9900.wpd
February 15, 2000, 10:47AM
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 22, 2000
APPROVED
DEPARTMENT HEAD.,.~
CITY MANAGER
Agreement with Castle & Cooke California, Inc. to purchase real property on the west side of
Jewetta Avenue south of Brimhall Road for $36,000 for a domestic water well site. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Water Resources Division is acquiring a water well site to provide domestic drinking
water for homes currently being constructed in the area. The water well site contains epproximately 11,430
square feet. The owner, Castle & Cooke California Inc. will be responsible for all off-site improvements as
set out in the purchase agreement. The purchase price of $36,000 is based on an appraisal by Michael
Launer, MAI, an independent fee appraiser and is consistent with sales of comparable properties in the area.
On October 7, 1999, the Planning Commission found the acquisition of this property consistent with the
Metropolitan Bakersfield 2010 General Plan. Also, this acquisition is categorically exempt pursuant to General
Rule, Section 15061(b)(3) of the CEQA guidelines.
DMA/s
February 22, 2000, 2:06pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 28, 2000
APPROVED
DEPARTMENT HEAD/4~'
CITY ATTOR E~Y~' ~
CITY MANAGER ~'/~-/~
SUBJECT:
Agreement with Bakersfield Senior Center (a 501 (c) (3) tax exempt corporation) to purchase
six (6) surplus computers, monitors and keyboards from the City for $6.00.
RECOMMENDATION:
Staff recommends sale of surplus computers.
BACKGROUND: The Finance Director has received a request from the Bakersfield Senior Center to buy
six (6) surplus, used computers. Bakersfield Municipal Code section 3.20.120F provides for this action and
states that any sale to a government entity or nonprofit organization shall be subject to confirmation and
approval by the City Council.
The items are being sold "as is and with all faults" to remove the City from any potential liability claims.
P:~.DMIN~2000ADMIN~C0000315A.wpd
GJK:Ijm
February 28, 2000, 1:57pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Consent Calendar
ITEM: $ .m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 2, 2000
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Agreement with Howard Dwayne Smith and Deborah Louise Smith to purchase real property
at 1401 Calloway Drive for $23,650 to widen Calloway Drive. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City is acquiring a strip of land in front of the home of Howard & Deborah Smith to allow
for the widening of Calloway Drive. In addition to the purchase price the City will be responsible for various
improvements set out in the purchase agreement. The purchase price of $23,650 is a p~oduct of negotiations
based on two appraisals by Michael Burger & Associates and Karpe, Fisher, Merriman.
On March 16, 2000, the Planning Commission will be asked to find the acquisition of this property consistent
with the Metropolitan Bakersfield 2010 General Plan.
DMNs
March 2, 2000, 2:55pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Consent Calender
TEM: $. n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 22, 2000
APPROVED
DEPARTMENT HEAD JJ,,~,
CITY ATTOR~
CITY MANAGER ~
Property Acquisition:
1. Approve Purchase Agreement, $13,000, with the McClanahan Survivors Trust to
acquire real property located at the Northwest corner of Planz Road and Anderson Avenue
for use as a drainage basin, and adjacent land for additional street right-of-way.
2. Appropriate $13,000 fund balance to the Capital Improvement Budget within the Sewer
Enterprise Fund. ( Ward 1 )
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: This area was part of the Casa Loma 6 annexation on July 10, 1997. Prior to annexation
the area did not have curbs, gutters and very few storm drain facilities. In order to reduce localized flooding
of the streets and improve storm runoff, City Engineers determined that additional drainage systems were
required. It was also determined that the right of way for Planz Road between Anderson Avenue and Lotus
Lane on the North side of the road was not at its ultimate width. The additional right of way is intended to
provide adequate cross section widths consistent with collector and local street standards.
At its February 17~h, 2000 meeting the City of Bakersfield Planning Commission found the acquisition of the
properties consistent with the General Plan pursuant to Government Code Section 65402. It also found the
project to be exempt from CEQA pursuant to Section 65301 (b) (c) of CEQA Guidelines.
jws
February 22, 2000, 8:48am
P:\CASA LOMA SUMP PROJECT~ADMINFORMfor sump wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
IAGENDA SECTION: Consent Calendar
ITEM: 8 .o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 1, 2000
). OVED
DEPARTMENT HEAD .
CITY ATTORNEY
CITY MANAGER
Contract Change Order No. I to Contract No. 98-191 with Utah-Pacific Construction,
reducing the compensation amount by $1,003,097, for various items of work for the Allen
Road Trunk Sewer project in the City of Bakersfield. (Ward 4)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: In May, 1996, Staff was directed to pursue a plan to expand Waste Water Treatment
Plant No.3 instead of constructing a single new municipal treatment plant. At that time, Staff was directed
to design and construct the Allen Road Trunk Sewer Line and the Buena Vista, Phase 2 Sewer Line
simultaneously because of their interconnection. Staff proceeded with that plan. ~
Subsequent to the Allen Road Trunk Sewer Project being awarded for construction, a decision was made
to postpone the construction of the Buena Vista, Phase 2 project for two years due to a funding shortage.
This decision necessitated a revision to the Allen Road Trunk Sewer construction contract to relocate the
connection point. The result of the redesign of the connection point was that approximately one mile of
pipeline was able to be eliminated from the project. This Change Order reflects that reduction.
The savings from this Change Order could be applied to the Buena Vista, Phase 2 project which should be
constructed within the next two years.
March 7, 2000, 9:53AM
G:~GROUPDAT~ADMiNRPT~Vvlarch 15~Allen Rd CO Admin2.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: March 15, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD
March 3, 2000 CITY ATTORNEY
CITY MANAGER
Accept bid to award contract to HPS, Plumbing Services, Inc., $229,653.20, to adjust
manholes, clean-outs and monuments on various local streets - 1999-2000 projects: (All
Wards)
Appropriate $138,000 and $100,000 fund balance to the Capital Improvement
Program Budget within the Sewer Enterprise Fund, and the Gas Tax Fund,
respectively.
RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of
appropriations.
BACKGROUND: This project is a follow up to the local streets resurfacing projects awarded last year and
currently under construction. This project will raise the monuments, manholes and clean-outs to final street
grade after the streets have been resurfaced. The Sewer Enterprise Fund will pay for the manholes and
clean-outs, and the Gas Tax Fund will pay for the monuments.
HPS Plumbing Services, Inc.
P.O. Box 6386
Bakersfield, CA 93301
City In the amount of $229,653.20
Manhole Adjusting Inc.
2300 Greenwood Ave.
Monterey Park, CA 91755
Out of town
in the amount of
$292,750.00
Griffith Company
P.O. Box 70157
Bakersfield, CA 93387
City In the amount of $450,000.00
Granite Construction Co.
585 West Beach St.
Watsonville, CA 95077
Out of town
In the amount of
$459,684.00
The funds requested to be appropriated, $238,000, exceed the bid amount by $8,346.80; this difference will
cover staff engineering and inspection services for the design and construction and to cover possible change
orders.
March 3, 2000, 11:14am
REPORT
MEETING DATE: March 15, 2000
I ITEM: 8. q.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
March 1, 2000
APPROVED
DEPARTMENTHEAD(~,~,
CITY ATTORNEY ~)~
CiTY MANAGER'"~'~_..
Accept bid of $250,000.00 and award contract to Kern County Construction Inc. for
"Construction of one (1) concrete block pumphouse, installation of one deepwell turbine pump
and motor, one electrical panel board, one generator and miscellaneous piping and
appurtenant facilities for Ashe Water well number L-207" for the Water Resources Department.
(Ward Number 4)
RECOMMENDATION: Staff recommends acceptance.
BACKGROUND: An additional water well is required to maintain production capacity due~o growth throughout
the domestic water system. This increased capacity is required in order to meet customer demand increases.
The well is located in the northwest near the intersection of Hageman Road and Calloway Drive. This is the
second and final phase of the water well construction process at this location. We are equipping the well,
which is already drilled with the pump, motor, blockhouse, auxiliary electric generator and other appurtenant
facilities to allow us to begin using this well. The engineers estimate was $230,000. Funds are available in
the current Domestic Water Resources Department budget.
Five bids were received on March 1, 2000 for this project. The results are as follows:
Kern County Construction Inc.
6208 Juanito Court
Bakersfield, CA 93306 (County) .......................... in the amount of $250,000.00
Brown and Fowler Construction
4211 Atlas Court
Bakersfield, CA 93308 (County) ........................... in the amount of $254,173.00
March 1, 2000, 1:19pm
ADMINISTRATIVE REPORT Page 2
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308 (County) .......................... in the amount of $274,638.00
HPS Plumbing Services, Inc.
401 34th Street
Bakersfield, CA 93301 (County) ........................... in the amount of $302,652.00
Scales Construction, Inc.
3215 Fruitvale Avenue
Bakersfield, CA 93308 (County) ........................... in the amount of $374,000.00
TDE
MC15wt lcc.wpd
March 1, 2000, 1:19pm
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
r ITEM: 8.r.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
February 29, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Approval of assignment from ARCO Pipe Line Company to Pacific Pipeline System, inc.
RECOMMENDATION:
Staff recommends granting assignment.
BACKGROUND:
ARCO Pipe Line Company has joined with Pacific Pipeline System, Inc., for the o.~eration of certain
pipelines which cross City owned land. The City of Bakersfield is bound by the terms of a'certain agreement
entered into on December 23, 1964, which atlows the assignment of easements which exist over the property now
owned by the City.
Staff has obtained a certificate of insurance from Pacific Pipeline System LLC, which shows the company
has general liability insurance of Two Million Dollars, automobile liability of One Million Dollars, and employer's
workers' compensation liability of One Million Dollars with the City of Bakersfield as a certificate holder. The City
staff has also examined the balance sheet of Pacific Pipeline Systems LLC, and said company appears to be
financially sound. Based on this investigation by staff, we recommend the City Council approve the assignment
to Pacific Pipeline System LLC from ARCO Pipe Line Company.
MC15CA CC
ADD dlr
S \COU N CIl'~Admins~ArcoPacificAssJgn wpd
February 29, 2000, 9:31am
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Hear
ITEM: 9. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 3, 2000
APPROVED
DEPARTMENT HEAD i//~
ClTY ATTORNEY ~
CITY MANAGER ,,~
Resolution in support of amendment to the Kern Countywide Siting Element of the
Countywide Integrated Waste Management Plan.
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND: Kern County is preparing to amend the Countywide Integrated Waste Management Plan,
to include additional acreage for the Bena Landfill and to make other minor changes in the text of the Siting
Element. Although the Bena Landfill is located outside the City of Bakersfield, the City has the opportunity
to participate in the amendment process as outlined in PRC Section 41721.5 (c).
Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate to
pass resolution in support of the Siting Element amendment.
SMP
SOLID WASTE DIVISION
G IGROUPOAT~SOLIDWASTE~,MENOM£NT TO KC SITING ELEMENT wpd
March 3 2000. 11:27am
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Public Hearing
ITEM: 9. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 15, 2000
.~.I~ROXED
DEPARTMENT HEAD~...,~
CITY ATTORNEY
CITY MANAGER
Approval of the mitigated Negative Declaration and application for grant funding for the
southwest extension of the Kern River Bike Path. (Ward 4)
RECOMMENDATION:
Staff recommends approval of the mitigated Negative Declaration and grant application from
available Federal and State sources for the proposed ten mile extension of the Kern River Bike Path
as Class I bicycle facility from the Stockdale Highway bridge along the south side of the Kern River
to Enos Lane (State Highway 43).
BACKGROUND:
The City of Bakersfield is applying for funding from the Department of Parks and Recreation for a
Recreational Trails Program grant under the Federal Transportation Equity Act of the 21'~ Century
legislation. The proposal is to construct about ten (10) miles of twelve (12) foot wide Class I bicycle
path between State Highway 43 (Enos Lane) and the end of the current Kern River bike path at the
Stockdale Highway bridge. The path will be constructed along the existing levee. The proposed
facility would provide non-motorized transportation opportunities to persons wishing to visit a large
open space area that is used for water banking purposes and is owned by governmental agencies.
The area the bicycle path traverses is in a relatively "natural" state and is home to many animals,
especially bird life. The project area is removed from urban uses and has wide-ranging views of the
surrounding Sierra Nevada Mountains on the east, the Temblor Range on the west and the San
Emidio Mountains to the south.
Since this project wilt be an extension of the existing Kern River Bike Path, we anticipate that usage
will be similar to that along the currently constructed facility. The Kern River Bike Path and the Kern
River Parkway are two very popular facilities within the city and provide recreational opportunities for
a large variety of non-motorized uses including bicycles, roller-blades, walkers and joggers. Total
usage along the entire existing 12.25 mile Kern River Bike Path is estimated at 300,000 to 500,000
users annually and is seasonally dependent, with spring, summer and fall usage being highest.
March 1, 2000, 1:31PM
ADMINISTRATIVE REPORT Page 2
An Initial Study was prepared for the project, which determined that project implementation could
impact biological habitat and cultural/historic resources along the affected portion of the Kern River
corridor. Site specific biological and archaeological surveys of the proposed bike path and adjoining
were completed, and appropriate mitigation measures were incorporated into the project.
The Initial Study and proposed mitigated Negative Declaration were circulated to responsible
and interested public agencies on February 5, 2000. No adverse comments were received
from reviewing State or local agencies.
No significant issues were raised by the public. Staff recommends approval of the mitigated Negative
Declaration and the application for grant funds allowing for completion of the bike way extension
along the Kern River.
This project is implementation of the Kern River Bicycle Path Extension prepared for the Kern
Council of Governments (June 1989).
(pit)
(admin\mar\315kr)
March 1, 2000, 1:31PM
ADMINISTRATIVE REPORT
MEETING DATE:
March 15, 2000
AGENDA SECTION: Hearings
ITEM NO: 9.c.
TO: Honorable Mayor and City Council
FROM: Development Services - Planning DEPARTMENT HEAL~
DATE: February 28, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appeal by Harold Robertson representing Panorama Heights Development ofthe Board
of Zoning Adjustment's decision to deny a modification (File No. P99-0823) to allow a reduction of the
front yard setback from 25 feet to 20 feet in an R-1 zone on a total of 20 lots located along the west
side of Thorner Street and Steelhead Drive in Tentative Tract No. 5929. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution denying the appeal.
BACKGROUND:
The applicant requested a modification to reduce the front yard setback requirement from 25 feet
to 20 feet on 20 lots located along the west side of Thorner Street (9 lots) and along the west side
of Steelhead Drive (11 lots). The lots under consideration have slopes of approximately 11% but
will be graded to have level building pads. The average sizes of these lots range between 9,000
to 11,000 square feet.
The applicant stated the lesser setback will provide an increase in the useable lot area of these
rear yards (an additional 5 feet). However, during the hearing, the Board noted that without the
setbacks, all lots in the tract will have about the same amount of useable rear yard area. The lots
with the slopes will just have considerable more open space, (though use of retaining walls could
increase useable rear yard area considerably). The developer is already reducing the street width
to 56 feet which will lessen the open space between homes on the street. The Board was also
concerned that the applicant presented a tract before the Planning Commission without any
mention that setback modifications were being requested, and presumably, the Commission
approved the tract with the assumption that all city standards could be met.
In analyzing the applicant's proposal, the Board was made aware of adjacent tract developments
in the area that had similar topographies. In comparison to those tracts, the subject tract has
similar lot sizes and in most cases, greater lot depths. No setback modifications have been
approved in those other tracts.
ADMINISTRATIVE REPORT Page 2
This tract has not yet recorded nor have any improvements been constructed. The applicant has
the ability to either redesign the lots to accommodate the size houses proposed for construction or
can propose other homes that provide more desired yard area. The requested modification of
front yard setback requirements is inconsistent with the purpose of the zoning ordinance as other
house plans can be placed on the lots that fit the lots proposed. There are no unique
characteristics of these lots that distinguish them from other lots in the area that would warrant the
granting of a modification of the setback requirements, especially since existing developments in
this area have homes that meet all city requirements. Development in the northeast may present
different challenges than the western portion of the city because of topography, but the past
developments in the northeast have been able to maintain the same development standards as
the rest of the city. No reason was given to the Board to show that current standards are now
inappropriate. If the applicant feels that this tract offers unique amenities to the buying public and
wishes to create a neighborhood with different design and site standards, developing the tract as a
planned unit development (PUD) would be more appropriate. This would allow the developer to
present to the Planning Commission and City Council their proposal including all planned
variations from ordinance standards.
The Board's conclusion was that they could not make the required findings that the modification
was necessary for the proposed imposed improvements since the applicant could clearly place
their proposed homes on the lots meeting all required development standards. Therefore, the
modification was denied.
ADMINISTRATIVE
IMEETING DATE: March 15, 2000
TO:
FROM:
DATE:
REPORT
IAGENDA SECTION: Reports
ITEM: !0.a.
Honorable Mayor and City Council
Alan Chdstensen, Assistant City Manager
March 6, 2000
SUBJECT: Report on Design of Proposed Airport Terminal
RECOMMENDATION:
BACKGROUND:
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
Ray Bishop, Director of Airports for Kem County, will be presenting a report on the design of the proposed
new airport terminal.
March 6, 2000, 1:42PM
S:~Admin Rpts~O00\Terminal Report 030600.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Reports
ITEM: ~.0. b.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: March 3, 2000 CITY ATTORNEY
CITY MANAGER
SUBJECT:
City Manager's Report No. 2-00 regarding Automated Red Light Traffic Enforcement.
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND:
The City Council expressed concerns regarding the safety hazards caused by motorists running red lights
at vadous intersections throughout the city during its goal setting session this past year. Subsequently, the
Police Department has taken steps to address the problem through increased and more focused
enforcement efforts. In addition, the department has been evaluating the feasibility of implementing an
automated red light traffic enforcement program using cameras which capture violators on film or digitally
as an additional enforcement tool. Police Department staff will provide a brief overview of how this
technology and program works in other communities and the potential benefits if used here. Staff is
continuing its evaluation of the program, its technical and financial impacts and possible implementation as
part of the upcoming budget process.
S:~JOHN\UrbanDev~Automated Red Light Traffic Enforcement ReporLwpd
March 3, 2000, 11:17AM
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000
AGENDA SECTION: Reports
ITEM: 10.c.
TO:
FRO M:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
John W. Stinson, Assistant City Manager
March 3, 2000
DEPARTMENT HEAD ~
CITY ATTORNEY ,~/'..,~-~
CITY MANAGER .~
Urban Development Committee Report No. 2-00 regarding Shellabarger Road.
RECOMMENDATION: The Committee recommends acceptance of the report and approval of the
recommendations.
BACKGROUND: The Urban Development Committee met to consider opening the west end of Shellabarger
Road where it intersects with Pepita Way. Shellabarger Road is essentially a 3/4 mile long cul-de-sac in an
unincorporated area adjacent to the City, which has given both jurisdictions cause for concern with respect
to the safety of the residents under emergency situations. A survey of City residents in the area voted 18
to 1 to not support the opening of the road, due to concerns about increased traffic within the adjacent
subdivision. The City has received letters from both the City Police Chief and the County Sheriff as well as
the Fire Chiefs of both jurisdictions requesting that the end of Shellabarger Road be opened to through traffic
for safety reasons. A petition from 89 residents of Shellabarger Road was received by the City that also
requested the opening of the road. A survey of residents on Shellabarger Road voted 30 to 15 to open the
road.
The simple removal of the gate at the end of Shellabarger Road will not result in a street width that will be
adequate for two directions of traffic. Opening the road will require the purchase of additional right-of-way
to finish the construction of the knuckle at the end of Pepita Way, in order to complete a paving tie-in with
the existing roadway on Shellabarger Road.
While the completion of Pepita Way will help the residents of Shellabarger Road, another road connecting
Shellabarger Road to either Palm Avenue or Brimhall Road would improve public safety response and
address the traffic circulation concerns of both county and city residents. The County should pursue roadway
construction connecting Shellabarger Road to either Palm Avenue or Brimhall Road, or both, to address
these concerns.
The Committee is recommending:
1)
That the City Council consider opening Shellabarger Road at Pepita Way due to public safety
concerns expressed by Public Safety agencies and the majority of residents on Shellabarger Road;
and
March 3, 2000, 11:44AM
ADMINISTRATIVE REPORT Page 2
2) That staff proceed with any environmental reviews required by such consideration; and
3)
That consideration of the opening of Shellabarger Road be referred to the Planning Commission for
determination of consistency with the 2010 General Plan, including a public hearing; and
4)
To direct staff to obtain an appraisal of the property required to complete the opening of the road and
initiate informal negotiations for the purposes of voluntary acquisition of the property with the property
owner; and
s)
That a letter be conveyed by the Mayor to the Kern County Board of Supervisors requesting that the
County pursue roadway construction connecting Shellabarger Road to either Palm Avenue or
Bdmhall Road, or both, to improve public safety response and address the traffic cimulation concerns
of both county and city residents in the area.
The Committee recommends acceptance of the report and approval of the recommendations.
S:~JOHN\UrbanOev\Shellabarger Admin Report.wpd
March 3, 2000, 11:4AAM
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: Reports
ITEM: !0.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 3, 2000
.~VED
DEPARTMENT HEA~/,...~_~
CITY ATTORN~,~ ~
CITY MANAGER
Urban Development Committee Report No. 3-00 regarding the transfer of $20,000 Council
contingency to the Development Services Operating Budget within the General Fund for the
charrette process. (Ward 2)
RECOMMENDATION:
Approve the charrette process, direct staff to proceed and transfer appropriations.
BACKGROUND:
Last Fall Councilman Rowles attended a presentation on community involvement which featured the
charrette process. A charrette is a convocation of interested people to work on solutions to design
problems. It appeared to be very effective in its focused approach to solving community design
problems. He referred this to the Urban Development Committee for consideration. Information
about the successful use of charrettes in Florida was distributed to the committee and City Council
for review. Staff was directed to contact other groups in the community to determine what interest
they might have in participating in a charrette. Positive responses were received from local planners,
architects, Downtown Business & Property Owners Association and 2020 Vision coordinator.
The Urban Development Committee believes there is a broad based interest by the public in
enhancing the downtown's character as the central focal point of the city and that the public would
enthusiastically share many ideas on how to accomplish that, if given the opportunity. A charrette
to work on design ideas for downtown would provide such an opportunity and the city would benefit
from their work. Upon completion of the charrette, its products would be presented to the City
Council for adoption or referral to appropriate reviewing agencies for review and recommendation
back to the City Council.
It is estimated that a reasonable budget for this endeavor would be $60,000. The City would expect
$20,000 of that to come from private contributions, $20,000 to come from grants and the balance
from Council contingencies.
It is recommended that the City Council appropriate $20,000 to begin the program and direct staff
to proceed.
(pit)
March 8, 2000, 11:1lAM
ADMINISTRATIVE
REPORT
MEETING DATE: March 15, 2000 AGENDA SECTION: New Business
ITEM: 12.a,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 24, 2000
DEPARTMENT HFz~~~ /
CITY MANAGER ~
An ordinance amending title seventeen of the Bakersfield Municipal Code and Zoning Map
Nos. 122-01 and 123-06 by changing the zoning from an R-l(One Family Dwelling) zone to
a PCD (Planned Commercial Development) zone on 13.65 acres generally located south of
Stockdale Highway, west of Buena Vista Road to allow a 102,222 square foot neighborhood
shopping center (ZC P99-0919). (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The request is to change the zoning on 13.65 acres from R-1 (One Family Dwelling) to PCD (Planned
Commercial Development) to allow development of a 102,222 square foot shopping center. On
February 17, 2000, the Planning Commission adopted a resolution recommending approval of the
zone change request by Coleman Homes, Inc.
The City Council approved a commercial general plan amendment in November 1999 for the project
area with a requirement for the property to be developed with a PCD plan to allow Planning
Commission and Council review of shopping center plans.
Proposed plans provide additional landscaping, buffers from future residential areas, noise mitigation
features, and circulation strategies to address compatibility with adjacent residential neighborhoods.
Signage for the project would be approved through the Planning Commission's Comprehensive Sign
Plan process.
No one spoke in opposition to the zone change request at the Planning Commission hearing,
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore,
a Negative Declaration was prepared and the Initial Study is attached as Exhibit "B".
February 25, 2000, 10:37AM
ADMINISTRATIVE REPORT .age
The impacts of urbanization of the area have also been the subject of public hearing for the Buena
Vista/Kern River Ranch EIR, General Plan Amendment P99-0203, and Tentative Tract 5951, all or
a portion of which covered urban impacts on the project site. Special studies supplied with the PCD
application and made part of the initial study include an updated traffic study and an acoustical
analysis. Mitigation measures (listed as conditions) from previous environmental documents have
been carried through and applied to this project as appropriate.
All required public notices have been provided.
(JM:pjt)
(admin\marL3-15-0919)
February 25, 2000, 10:55AM
REPORT
IMEETING DATE: March 15, 2000
AGENDA SECTION: New Business
ITEM: !2.b, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
March 6, 2000 CITY ATTORNEY
CITY MANAGER
An Ordinance Amending Sections 5.06.010 and 5.06.060 and Chapter 9.12 of tl~e' Baker
Municipal Code and Adding Sections 5.06.062, 5.06.064, 5.06.066, 5.06.068 ehd 5.06.f
the Bakersfield Municipal Code Relating to Adult Entertainment Businesses. /
/
APPROVED
?
eld
59 to
RECOMMENDATION:
Staff recommends first reading of ordinance.
BACKGROUND:
Currently, Chapter 5.06, which regulates adult entertainment businesses, ~efines certain terms
differently than Chapter 17.69, which relates to the location of adult entertainment businesses. This ordinance
eliminates the inconsistencies by having the definitions in Chapter 5.06 match the definitions in Chapter 17.69.
In addition, this ordinance adds several provisions to Chapter 5.06 to apply to prospective adult
arcades (booths), mini-motion picture theaters, and live entertainment theaters. Such provisions include a
section on access, separation of patrons and performers, and the configuration of future arcades. There is
also a section which makes doors on such prospective structures, strictly prohibited. A severability clause has
also been included to protect the remaining portions of the ordinance if a section is found to be unenforceable.
Finally, Chapter 9.12, which regulates nude entertainment, has been revamped in light of state law
which preempts many of the current sections. As such, the ordinance recommends repeal of these sections
and the re-naming of the Chapter to "Public Decency."
BJT:GG:Iaa;alj
MA15CA1.NB
March 6. 2000, 1:08pm