HomeMy WebLinkAbout09/13/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF SEPTEMBER 13, 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
(20 rain)
WORKSHOP
a. Environmental Enhancement and Mitigation (EEM) Program Grants. (Raul Rojas,
Public Works Director)
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9;
Smart & Final, Inc., etc., et al. vs. City of Bakersfield, et al.; Kern County Superior
Court Case No. 241221-RJA.
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8 regarding APN Nos. 161-060-07-00-3 and 161-060-18-00-5; Negotiating
Parties: City Manager Alan Tandy, Fire Chief Ron Fraze, Finance Director Gregory
Klimko, Senior Real Property Agent Don Anderson and Castle & Cooke California,
Inc.; Under Negotiation: Price and terms of payment for purchase.
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8 regarding 5701 Auburn Street, Bakersfield, California; Negotiating Parties:
Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and
Dr. and Mrs. Donald F. Willjams; Under Negotiation: Price and terms of payment for
purchase.
Conference with Labor Negotiator, William Avery, pursuant to Government Code
Section 54957.6; Employee organizations: Fire and Police.
REGULAR
1.
2.
3.
MEETING
INVOCATION by Richard Williarns, First Assembly of God Church
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION ACTION
PRESENTATIONS
a. Presentation by Mayor Price of Proclamation to KC the Bull and a member of the
Kern County Fair Board of Directors, proclaiming September 20 through October 1,
2000, as "Kern County Fair Days".
(Ward
(Ward 5)
(Ward 4)
(Ward 7)
(Ward 7)
(Wards 1,2)
PUBLIC STATEMENTS
APPOINTMENTS
CONSENT CALENDAR
Minutes:
a. August 30, 2000 Council Meeting.
Payments:
Payments from August 19, to September 1,2000 in the amount of $9,167,837.77;
and Self Insurance payments from August 19, to September 1, 2000 in the amount
of $770,672.37.
Resolutions:
Resolution of Intention No. 1220 to add territory, Area 1-18 (Stockdale, California
N E) to the Consolidated Maintenance District and preliminarily adopting, confirming
and approving Public Works Director's Report.
Resolution approving the Records Retention Schedule for the Risk Management
Division.
Agreements:
Tract Maps/Improvement Agreements:
1. Final Map with Ardmore Street Properties Limited Partnership for Tract 5996
located at the southeast corner of Ardmore Avenue and Wheelan Court.
2. Final Map and Improvement Agreements with Vista Finestra I for Tract
5441, Phase 3, located south of Noriega Road, east of Jewetta Avenue.
3. Final Map and Improvement Agreement with B Squared for Tract 5001,
Phase 3, located north of Hosking Avenue, east of South H Street.
4. Final Map and improvement Agreements with B Squared for Tract 5001,
Phase 4, located north of Hosking Avenue, east of South H Street.
Agreement with County of Kern and Kern Economic Development Corporation to
share the responsibilities and/or costs of the Job Training/Marketing/Management
efforts in the Southeast Metropolitan Bakersfield Enterprise Zone.
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(Ward 5)
(Wards 1, 2, 3, 5, 7)
CONSENT CALENDAR continued
g. Agreement with the Bakersfield City School District, $50,000 to provide public safety
assistance.
h. Assignment and Assumption Agreement between SMG, a Pennsylvania general
partnership and Aramark Entertainment (formerly Ogden Entertainment).
i. Acquisition of Real Property for future park site southeast of Akers Road and
McKee Road.
1. Agreement with Hershel Moore in the amount of $109,746 to dedicate and
purchase real property.
2. Agricultural Lease Agreement with HersheE Moore in the amount of $1 per
year.
3. Appropriate $111,746 Fund Balance to the Capital improvement Budget
within the Park Improvement Fund.
j. Pavement Management System:
1. Amendment No. 2 to Consultant Agreement No. 97-172 with CHEC
Consultants, inc. for the design, development and implementation of a
Computerized Pavement Management System, $15, 162.52 increase.
2. Appropriate $17,000 Fund Balance to the Capital Improvement Budget
within the Gas Tax Fund.
Bids:
Miscellaneous:
k. Easement to Pacific BelE for communication vault at Patriot's Park adjacent to Ming
Avenue.
I~ Appropriate $5,252 Albertson's Grant Revenue to the Fire Department Operating
Budget within the General Fund to host a safety and wellness fair for all age groups.
Staff recommends adoption of Consent Calendar Items a. through I.
HEARINGS
Resolution confirming the report of the Chief Code Enfomement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures
have been secured against entry or for the abatement of certain weeds, debds and
waste matter.
Staff recommends adoption of the resolution.
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10.
11.
12.
(Ward 2)
(Ward 4)
REPORTS
DEFERRED BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal Code and multiple zone
maps within the metropolitan Bakersfield area by changing the zoning for forty-two
City parks and twelve North Bakersfield Recreation and Parks District parks from
various zone classifications to Open Space zoning. (First reading 8/30/00)
Staff recommends adoption of the ordinance.
Ordinance amending Chapter 5.08 of the Bakersfield Municipal Code relating to
alarm systems. (First reading 8/30/00)
Staff recommends adoption of ordinance amending Chapter 5.08 of the Bakersfield
Municipal Code.
Ordinance amending Subsection F of Section 3.20.090 of the Bakersfield Municipal
Code relating to performance bonds. (First reading 8/30/00)
Staff recommends adoption of the ordinance.
NEW BUSINESS
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map
No. 102-25 by changing the zoning from a Limited Multiple Family Dwelling zone to
a Professional Office zone on 0.74 acres, located on the half block on the east side
of E Street, between 21st and 22"d Streets (File #P00-0430)
Staff recommends first reading of the ordinance.
Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map
No. 102-30 from Heavy industrial to General Manufacturing zone located along the
north side of Rosedale Highway, west of State Route 99. (ZC P00-0410)
Staff recommends first reading of the ordinance.
13.
14.
COUNCIL STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
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September 7, 2000 (2:58pm)
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BAKERSFIEL
MEMORANDUM
D
SEPTEMBER 8, 2000
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO~SISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - SEPTEMBER 13, 2000, COUNCIL MEETING
PRE-MEETING
There will be a workshop on the Environmental Enhancement and Mitigation Grant Program by the
Public Works Department. This is an opportunity for Councilmembers to suggest projects which
could eventually be funded through this State grant program.
There are four closed session items: 1) existing litigation regarding Smart & Final, Inc., versus the
City; 2) conference with Real Property Negotiator regarding property owned by Castle and Cooke
California; 3) conference with Real Property Negotiator regarding property at 5701 Auburn Street;
and 4) a labor negotiation update with the City's labor negotiator, William Avery.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
8c. Resolution of Intention to add territory to the Consolidated Maintenance District, Stockdale,
California NE. The City has received a request from the owner of the shopping center at the
northeast comer of Stockdale Highway and California Avenue to be included into the Consolidated
Maintenance Distdct to provide for the maintenance of median landscaping. The area will be under
the streetscape zone of benefit and assessed an amount for street tier 1.
8d. Resolution aDDroving the Records Retention Schedule for the Risk Management Division. The
Government Code permits destruction of certain public records upon approval by the City Council.
This resolution approves a retention schedule for the Risk Management Division and authorizes
them to destroy obsolete records upon approval by the City Attorney.
HONORABLE MAYOR AND CITY COUNCIL
September 8, 2000
Page -2-
AGreements:
8f. AQreement with County of Kern and Kern Economic Development Corporation to share the
responsibilities and/or costs of the Job Traininq/Marketinq/Mana<~ement efforts in the Southeast
Metropolitan Bakersfield Enterprise Zone. This agreement is a continuation of the agreement with
the County, Kern Economic Development Corporation (KEDC) and the County's Employers'
Training Resource to provide job training/marketing efforts in the Southeast Enterprise Zone. The
basic terms of the agreement remain unchanged with the agreement being retroactive to July 1,
2000. The City and County have shared the cost of operating the Enterprise Zone since 1986. The
City and County provide day to day operation, management and funding of the program utilizing
Community Development Block Funds. Employers' Training Resource provides vouchering and job
development services to assist businesses to understand the qualifications to receive State tax
credits, job training assistance and employee referral services. KEDC will promote the Enterprise
Zone to potential businesses considering locating in Kern County.
8q. Agreement with the Bakersfield City School District to provide law enforcement services in the
amount of $50,000. The Bakersfield City School District has requested that the City provide public
safety assistance to schools serving their pupils at Chipman, Washington, Emerson, Sequoia Junior
Highs and Walter Stiem Middle School. A police officer will be assigned at the District Office acting
as a School Resource Officer. The officer may provide assistance, such as security on campus
when required, training for school staff, and coordinating cdminal justice services to school staff.
The District has received funding from the State through Assembly Bill 1113 for this purpose.
8h. Assignment and Assumption Aareement between SMG and Aramark Entertainment (formerly
Ogden Entertainmenfi. In 1998, the City entered into an agreement with Ogden Entertainment to
manage Centennial Garden and the Convention Center. In March 2000, Ogden was purchased by
Aramark Entertainment. The management services portion of the agreement with Ogden
Entertainment expires in 2008. Aramark desires to assign its rights and obligations under the
agreement with the City to SMG, a Pennsylvania general partnership. The agreement requires the
City to approve any assignment and/or obligations thereunder.
SMG is owned jointly by Hyatt Hotels and Aramark. Currently SMG manages 40 arenas, 10
stadiums, 32 convention centers, 15 theaters and one aquadum food and beverage operation. Last
year SMG hosted over 9,000 events, which were attended by more than 30 million people.
Additionally, SMG is affiliated with over 25 professional major and minor league sports teams, as
well as numerous collegiate teams. As an act of good faith, SMG has booked us a major event
which we did not previously have. A formal announcement will be made shortly.
8i. Acquisition of Real Property for future park site southeast of Akers Road and McKee Road. This
is a park site of approximately 12 acres, which has been identified in the vicinity east of Acres Road
about 1,300 feet south of McKee Road to serve subdivisions in the vicinity. The subdivider,
Mr. Hershel Moore, proposes to dedicate 1.32 net acres to satisfy the park land requirement for his
development. He has agreed to sell the City 4.87 net acres in the amount of $109,746, which will
HONORABLE MAYOR AND CITY COUNCIL
September 8, 2000
Page -3-
be paid through in-lieu fees collected by the City from other tracts in the area as they develop.
Currently, no in-lieu fees have been collected for the adjacent tracts. Monies to pay escrow fees
are available in the Park Improvement Fund Zone 3-Panama. The purchase cost will appear as a
liability on the City's financia~ statements, which will be reduced as in-lieu park fees are collected
and reimbursements are paid to the developer.
8j. Pavement Manac~ement System. The City currently has an agreement with CHEC Consultants
to perform deflection testing to determine overlay design thicknesses per CalTrans standards for
City streets. The scope of work for deflection testing under the agreement was expanded to include
the testing of residential streets that were part of the $2.1 million local street resurfacing program
recently completed. The testing of these additional streets resulted in increased costs. Staff is
recommending amendment of the agreement and an appropriation of $17,000 fund balance to the
Capital Improvement Program budget within the Gas Tax Fund.
Miscellaneous:
8k. Easement to Pacific Belt for communication vault at Patriots Park adjacent to Mine Avenue.
In 1996, the City granted an easement to Pacific Bell to construct a communications vault to house
its fiber-optics equipment in Patriots Park. Pacific Bell is now requesting to purchase an additional
75 square feet for the amount of $2,500 to enlarge this site to facilitate an above-ground cabinet
to house additional fiber-optics equipment. Staff is recommending approval of consent to record
the easement.
81. ApprOpriate $5,252 Albertson's Grant Revenue to the Fire Department Operating Bud<~et within
the General Fund to host a safety and wellhess fair for all age groups. The Fire Department has
received a grant from AlbertsoWs to host a safety and wellness fair. This community-wide event is
scheduled for October 14, 2000 at Fire Station No. 1. Some of the events will include a bicycle
rodeo, cholesterol screening, and healthy diet information. The Fire Department will also purchase
a portable display board for public safety events with funds from this grant.
DEFERRED BUSINESS
1 la. Ordinance amending the Municipal Code and zoning maps to chanae the zoninc~ for 42 City
parks and 12 North Bakersfield Recreation and Parks Distdct parks from vadous zone classifications
to Open Space zoninc~. The Council conducted first reading of this ordinance on August 30. 2000.
Staff has received no additional comments and recommends adoption of the ordinance.
1 lb. Ordinance amendin<] the Municipal Code relating to alarm systems. This ordinance was given
first reading on August 30, 2000. Staff has received no additional comments and recommends
adoption of the ordinance.
1 lc. Ordinance amending the Municipal Code relating to performance bonds. This ordinance was
given first reading on August 30, 2000. Staff has received no additional comments and
recommends adoption of the ordinance.
HONORABLE MAYOR AND CITY COUNCIL
September 8, 2000
Page -4-
NEW BUSINESS
12a. Ordinance amending the Municipal Code and changing the zoning from an R-4 (Limited
Multiple-Family Dwelling) zone to a C-O (Professional Office~ zone on .74 acres c~enerally located
on the half block on the east side of "E" Street between 21st and 22"d Streets. Joyce Evenson and
Gloda Cory, property owners, and on behalf of the other property owners within the project site have
applied for a zone change from a Limited Multiple-Family Dwelling zone to a Professional Office
zone on .74 acres. The applicants desire to obtain the highest and best use of the property. The
proposed rezoning to a Professional Office zone would be consistent with the General Plan and
surrounding zones. All six property owners within the subject site are in favor of the zone change
request. The existing structures within the project site include a vacant office building and parking
lot and six single-family houses. Surrounding properties in this older neighborhood have been in
transition from residential uses to offices. Surrounding uses include various office buildings
occupied by an engineering firm, fitness gym, attorneys, insurance and medical offices. Several
single-family homes still remain in the immediate area. No opposition to the proposed zone change
has been received.
12b. Ordinance amendina the Municipal Code and zoning from Heavy Industrial to General
Manufacturinc~ zone located alona the north side of Rosedale Highway, west of State Route 99.
This item provides for the prezoning of property which is proposed to be annexed into the City. The
purpose of the proposal is to increase the number of uses allowed, including retail uses on 20 acres
for future development of the site. The Planning Commission has reviewed this zone change and
has recommended approval with conditions, including that the review and approval of any retail
project wili be made by the City's Director of Environmental Services pdor to development should
the project develop with commercial retail. Staff has received no opposition to the proposed zone
change.
AT.JWS:jp
cc: Department Heads
City Clerk's Office
News Media File
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September 7, 2000
° ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Workshop
ITEM: 2, a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 6, 2000
DEPARTMENT HEA;P,~I~/~/O~-ED
CITY ATTORNEY ~
CITY MANAGER ~
Environmental Enhancement and Mitigation (EEM) Program Grants
BACKGROUND:
Public Works staff will give a brief presentation regarding EEM Program Grants.
The EEM Program is administered by the Resources Agency of California, the State agency responsible
for the conservation, enhancement, and management of California's natural and cultural resources. The
program offers a total of $10 million to local, state, and federal governmental agencies and nonprofit
organizations for projects to mitigate, either directly or indirectly, environmental impacts caused by new
or modified state transportation facilities. This $10 million is further split in accordance with the provisions
of the Streets and Highways code so that 40 percent of the total is allocated to projects in northern
counties, and 60 percent is allocated to projects in southern counties (of which Kern is one). Grants are
generally limited to $250,000 per project.
Grants are given in three categories:
Highway Landscape and Urban Forestry -- Projects designed to improve air quality through the
planting of trees and other suitable plants.
Resource Lands -- Projects for the acquisition, restoration, or enhancement of watersheds, wildlife
habitat, wetlands, forests, or other significant natural areas.
Roadside Recreational -- Projects for the acquisition and/or development of roadside recreational
opportunities.
The City has received EEM Grants in the past for the landscaping of the 24th Street/State Route 99
interchange, as well as the Chester Avenue Streetscape project, Projects staff has thought of for possible
program submission this year include the landscaping of the Panama Lane/State Route 99 interchange
and the installation of a landscaped median island in Chester Avenue from State Route 58 north to
California Avenue. The finat application submission date for the program is November 17, 2000. This
workshop is an opportunity for the Council to suggest projects that could be submitted for the program.
Tdw
September 6, 2000, 5:15PM
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; ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Closed Session
ITEM: 3. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 31, 2000
DEPARTMENT HEAD
CITYATTORNEY
CITYMANAGER
APPROVED
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Smart& Final, Inc., etc., et aL v. City of Bakersfield, et aL;
Kern County Superior Court Case No. 241221-RJA
RECOMMENDATION:
BACKGROUND:
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SE13CA3.CS
August 31, 2000, 3:33pm
? ' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Closed Session
ITEM: 3 - b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
August 31, 2000
APPROVED
CITY ATTORNEY ~
CITY MANAGER ~
Conference with Real Property Negotiator pursuant to Government Code section 54956.8
regarding APN Nos. 161-060-07-00-3 and 161-060-18-00-5;
Negotiating Parties: City Manager Alan Tandy, Fire Chief Ron Fraze, Finance Director Gregory
Klimko, Senior Real Property Agent Don Anderson and Castle & Cooke California, Inc.;
Under Negotiation: Price and terms of payment for purchase.
RECOMMENDATION:
BACKGROUND:
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SE13CA2.CS
August 31, 2000, 3:27pm
' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorr~ey
August 31, 2000
DEPARTMENTHEAD
CITYATTORNEY
CITYMANAGER
APPROVED
Conference with Real Property Negotiator pursuant to Government Code section 54956.6
regarding 5701 Auburn Street, Bakersfield, California;
Negotiating Parties: Finance Director Gregory Klimko, Senior Real Property Agent Don
Anderson and Dr. and Mrs. Donald F. Williams;
Under Negotiation: Price and terms of payment for purchase.
RECOMMENDATION:
BACKGROUND:
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SE13CA1.CS
August 31, 2000, 1:49pm
/ ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Closed Session
ITEM: ~ o d,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City A~torney
September 6, 2000
APPROVED
Conference with Labor Negotiator, William Avery, pursuant to Government Code section
54957.6. Employee organizations: Fire and Police.
RECOMMENDATION:
BACKGROUND:
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SE13CA3.CS
September 6, 2000, 10:47am
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Presentations
ITEM: 5 o a.
TO:
IFROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Bob Price
August 24, 2000
A ROVED
DEPARTMENT HEAD/~
CITY ATTORNEY
Presentation by Mayor Price of Proclamation to KC the Bull and a member of the Kern Co~unty
Fair Board of Directors, proclaiming September 20 through October 1,2000, as "Kern County
Fair Days".
RECOMMENDATION:
BACKGROUND:
August 24, 2000, 2:53pm
( ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
September 1, 2000
DEPARTMENT HEAD
CITY ATI'ORNEY
CITY MANAGER
Minutes of the regular Council meeting! of August 30, 2000.
RECOMMENDATION:
APPROVED
N/A
BACKGROUND:
bz
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September 1,2000, 2:43pm
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 1, 2000
APPROVED
DE.A.TME.T
CiTY ATTORNEY ~
Approval of department payments from August 19, 2000 to September 1, 2000 in the amount
of $9,167,837.77 and self insurance payments from August 19, 2000 to September 1,2000 in
the amount of $770,672.37.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,938,510. 14.
BACKGROUND:
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nks
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councill
Raul M. Rojas, Public Works Director
August 25, 2000
APPROVED
DEPARTMENT HEAD//]~--~
CITY ATTORNEY~
c,n, MANAGER
Resolution of Intention No. 1220 to add territory, Area 1-18 (Stockdale, California NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving Public
Works Director's Report. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of the shopping
center at the northeast corner of Stockdale Highway and California' Avenue, 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 landscaping. Area '1-18 is
generally bounded by Business Center Drive on the north, a line 750 feet east of California Avenue on the
east, Stockdale Highway on the south and California Avenue on the west. This area will be under the
streetscape zone of benefit and assessed an amount for street tier 1.
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 and Proposition 218 ballot from the owner of the property
described above which waives the public hearing concerning inclusion in the Consolidated Maintenance
IDistrict. This allows the City to expedite the maintenance district process, to satisfy the subdivision
requirement.
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 any future subdivision maps.
A copy of this covenant is attached for reference.
Ivd
August 23, 2000, 10:37AM
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ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. d,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~
DATE: August 30, 2000 CITY ATTORNEY Y/~,-
CITY MANAGER ~
SUBJECT: A Resolution approving the Record Retention Schedule for the Risk Management Division.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Government Code section 34090 permits destruction of certain public records upon the approval of
the City Attorney and a Resolution adopted by the City Council. This Resolution approves a Retention
Schedule for the Risk Management Division and authorizes them to destroy obsolete records in accordance
with the time-frames in the Retention Schedules and upon approval by the City Attorney.
VG:alj
S:\COUNCIL~Admins\RiskRetentionSched,wpd
August 31, 2000
SE13CA.CC
....ADMINISTRATIVE
MEETING DATE: September 13, 2000
REPORT
AGENDA SECTION: Consent Calendar
~TEM: 8 o e.
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE: August 25,2000
SUBJECT:
Tract Maps/Improvement Agreements:
APPROVED
DEPARTMENT HEAD L/~,,~
CITYATTORNEY
CITY MANAGER
(1) Final Map with Ardmore Street Properties Limited Partnership for Tract 5996 located at the
southeast corner of Admore Avenue and Wheelan Court. (Ward 5)
(2) Final Map and Improvement Agreements with Vista Finestra I for Tract 5441 Phase 3 located
south of Noriega Road and east of Jewetta Avenue. (Ward 4)
(3) , Final Map and Improvement Agreement with"B" Squared for Tract 5001 Phase 3 located north
of Hosking Avenue and east of South H Street. (Ward 7)
(4) Final Map and Improvements Agreements with "B" Squared fpr Tract 5001 Phase 4 located
north of Hosking Avenue and east of South H Street. (Ward 7)
RECOMMENDATION: Staff recommends approval of the agreements.
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 THE
CITY CLERK'S OFFICE FOR REVIEW.
August 30, 2000, 4:25pm
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TD
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8, f,
TO:
FROM:
DATE:
Honorable Mayor and Councilmembers
Alan Christensen, Assistant City Manager
Economic and Community Development
August 24, 2000
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY~.,
CITY MANAGER~'~/~
SUBJECT:
Agreement with County of Kern and Kern Economic Development Corporation to share the
responsibilities and/or costs of the Job Training/Marketing/Management efforts in the
Southeast Metropolitan Bakersfield Enterprise Zone. (Ward 1 & 2).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This proposed agreement is a continuation of the 1999-2000 agreement with the County of Kern, Kern
Economic Development Corporation (KEDC) and the County's Employers' Training Resource (ETR).
Basic terms of the agreement remain unchanged, with the agreement being retroactive to July 1, 2000.
Since 1986 the County and City have shared the costs of operating the Enterprise Zone, formerly known
as the Incentive Area. Beginning in 1990, County and City assumed responsibility for operating the
program. In brief, parties agree that:
County and City will continue to provide day-to-day operation, management, and funding of the
program.
ETR will provide vouchering and job development services to assist Enterprise Zone businesses
in understanding the qualifications to receive state tax credits, job training assistance, and
employee referral services.
3. KEDC will promote the Enterprise Zone to potential businesses considering Kern County.
By outlining such responsibilities of the program, duplicative efforts have been reduced and
expenses minimized. Services to be provided by each organization are detailed in Schedule "A"
of the attached agreement.
dlk:S:AdminsxEZ Agmt 00-01 admin~pd
September h 2000, 8:13AM
ADMINISTRATIVE REPORT P.g 2
Each year, County and City alternate responsibility for payment of all bills associated with the Enterprise
Zone. During FY 1999-2000, the City incurred all costs and billed the County for 50% of the costs.
Under this proposed agreement, the County will assume payment responsibilities and bill the City for
their 50% share. Total budget for this agreement is $25,500 (City's 50% share is $12,750). City has
budgeted funds for Enterprise Zone operations through June 30, 2001 within the Economic and
Community Development Department FY 2000-01 budget. This agreement's budget is the same as the
previous year's agreement.
County and City will be using Community Development Block Grant funds. Each department will be
responsible for determining compliance with all federal responsibilities, including reporting requirements.
The agreement is anticipated to go before the Kern County Board of Supervisors for approval on
October 3rd,
dlk:S:XAdmins/EZ Agmt 00-01 adrain~d
September ~, 2000, 8:13AM
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent
ITEM: 8. g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief
August 29, 2000
APPROVED
DEPARTMENT HEAD c""~---L
CITY ATTORNEY~,
CITY MANAGER ~
An Agreement for $50,000 with the Bakersfield City School District to provide public safety
assistance
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The Bakersfield City School District has requested the City provide public safety assistance to schools serving
their pupils at Chipman, Washington, Emerson, Sequoia Junior Highs and Walter Stiern Middle School. A
police officer will be assigned at the District Office, acting as a School Resource Officer. Public safety
assistance provided by the officer may include providing security on campus when required, training for school
staff and coordinating criminal justice services to school staff. The District has received funding from the State
of California pursuant to Assembly Bill 1113 for this purpose.
This Agreement allows the City to provide the services of a trained, sworn and uniformed police officer for a
minimum of forty (40) hours per week. The District will pay the City fifty thousand dollars ($50,000) for the
services.
:pip
SE13PD01CC
September 6, 2000, 1:18pm
P:~ADMIN.RP~SE13PD01CC
' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
~TEM: 8 o h.
TO.'
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Bart Thiltgen, City Attorney
September 6, 2000
IDEPARTMENT HEAD
CITY ATTORNEY
CiTY MANAGER
Approval of Assignment and Assumption Agreement between SMG, a Pennsylvania general
partnership and Aramark Entertainment (formerly Ogden Entertainment).
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
In January, 1998, the City of Bakersfield entered into Agreement No. 98-16 with Ogden Entertainment
(Ogden"). Pursuant to Agreement No. 98-16, Ogden would manage Centennial Garden and the Convention
Center. In March 2000, Ogden was purchased by Aramark Entertainment ("Aramark"), and, as an entity, no
longer exists. The management services podion of Agreement No. 98-16 expires in 2008.
By this Assignment and Assumption Agreement, Aramark desires to assign its rights and obligations
under Agreement No. 98-16 and any amendments thereto to SMG, a Pennsylvania general partnership.
Agreement No. 98-16 requires the City to approve any assignment of rights and/or obligations thereunder.
SMG is owned jointly by Hyatt Hotels and Aramark. Currently, SMG manages 40 arenas, 10 stadiums,
32 convention centers, 15 theaters and one aquarium food and beverage operation.
Last year, SMG hosted over 9,000 events, which were attended by more than 30 million people.
Additionally, SMG is affiliated with over 25 professional major and minor league sports teams, as well as
numerous collegiate teams.
As an act of good faith, SMG has booked us a major event which we did not previously have. A l~ormal
announcement will be made shortly.
S:\COUNCIL~Admins%smgassignment.wpd
September 6, 2000, 2:43pm
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. i o
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stan Ford, Director of Recreation and Parks
August 30, 2000
APPROVED
DEPARTME.T.EAD' F -
ATTORNEY /~'-
CffYMANAGER ~
Acquisition of Real Property for Future Park Site Southeast of Akers Road and McKee Road
(Ward 6)
1. Agreement with Hershel Moore in the amount of $109,746 to Dedicate and to Purchase
Real Property
2. Agricultural Lease Agreement with Hershel Moore in the Amount of $1 per Year
3. Appropriate $111,746 Fund Balance to the Capital improvement Budget within the
Park Improvement Fund
RECOMMENDATION:
Staff recommends approval of the agreements and aploropriation of the monies.
BACKGROUND:
An approximate 12-acre park site has been identified in the vicinity east of Akers Road, about 1,300 feet south
of McKee Road to serve the residents of Tract 5944 and other future subdivisions in vicinity. The subdivider,
Mr. Hershel Moore, proposes to dedicate 1.32 net acres (known as "Parcel A") and to sell to the city 4.87 net
acres (known as "Parcel B"). As part of the agreement, dedication of Parcel A would satisfy the park land
requirement of Chapter 15.80 of the Bakersfield Municipal Code for Tract 5944, which consists of 175 lots
for single family residential purposes. The sole compensation for Parcel B would be in-gieu fees collected by
the city for other tracts in the area from the date of the agreement for a period of fifteen years, but in any
event, not exceeding $109,746. In addition, the city will be responsible for normal escrow fees, including the
cost of title of title insurance. This expense is estimated at $2,000.
No in-]ieu fees have been collected to date for Tract 5944. Monies to pay escrow fees are available in Park
Improvement Fund Zone 3 - Panama. The purchase cost of $109,746 will appear as a liability on the city's
financial statements which will be reduced as in-lieu fees are collected and reimbursements are paid to the
developer.
S:~Admins\Mooreagrs2.wpd September 1, 2000, 2:05PM
ADMINISTRATIVE REPORT Page
It is estimated to be some time before construction will commence in the area to be served by the future park.
The subdivider proposes to lease Parcel A and Parcel B from the city for agricultural purposes for up to three
years. Ongoing use of the land is preferable to leaving it vacant, therefore the annual lease amount is
nominal.
S:~,drnins\Mooreagrs2.wpd September 1, 2000.2:05PM
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8..j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August 31, 2000
DEPARTMENT HEAD
CITYATTORNEY
CITYMANAGER
APPROVED
Pavement Management System: (All Wards)
Amendment No. 2 to Consultant Agreement 97-172 between the City and CHEC
Consultants, Inc. for the Design, Development and Implementation of a Computerized
Pavement Management System ($15, 162.52 increase).
Appropriate $17,000 Fund Balance to the Capital Improvement Budget within the Gas
Tax Fund.
RECOMMENDATION: Staff recommends approval of the amendment and appropriation of funds,
BACKGROUND: The City and CHEC Consultant's Inc. (CHEC) entered into Agreement No. 97-172 on June
25, 1997 for the design, development and implementation of a computerized pavement management system
(PMS). The PMS is a planning tool that will assist staff in scheduling appropriate and timely repair,
maintenance and rehabilitation activities for the City's streets and alleys. Implementation of the PMS is
scheduled for the Fall of 2000.
Under the Agreement, CHEC was to perform pavement deflection testing on 50 miles of City streets.
Deflection testing involves the use of a device which exerts a load onto the roadway and measures the
resultant pavement deflection. Pavement deflection measurements are used to determine overlay design
thicknesses per Caltrans standards.
The scope of work for deflection testing under the Agreement was expanded to include the testing of
residential streets that were a part of the $2.1 million local street resurfacing program recently completed.
The testing of these residential streets resulted in increased costs to CHEC.
The project was originally budgeted with Gas Tax funds in fiscal year 1996-97. The total compensation
amount in Amendment No. 2 is $208,027.52, an increase of $15,162.52 for the residential street pavement
deflection testing. The $17,000 appropriation is needed to cover the contract amount increase and for staff
time.
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 28, 2000
APPROVED
DEPARTMENTHEAD//Z-'
CITY ATTORNEYj~
CITY MANAGERL~,~
Easement to Pacific Bell for communication vault at Patriot's Park adjacent to Ming Avenue.
(Ward 5)
RECOMMENDATION: Staff recommends approval of consent to recordation of easement.
BACKGROUND: In 1996 the City granted an easement (approx 275 sq ft) to Pacific Bell to construct a
communications vault to house its fiber-optics equipment in Patriot's Park. Pacific Bell is now requesting to
purchase for the amount of $2,500.00, an additional 75 square feet to enlarge this site to facilitate an above
ground cabinet to house additional fiber-optics equipment. This easement is located adjacent to Ming Avenue
next to the apartment complex at Ming Avenue and New Stine Road. Pacific Bell has agreed it would be
responsible for the cost of relocating its facilities if required to do so by a public project.
G:\GROUpDAT~ADMINRPT~2000\September 13\pacbellcomrn.wpd
August 28, 2000, 7:54AM
? ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Consent Calendar
ITEM: 8. ],
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
August 28, 2000
DEPARTMENT HEAD ~_,~OVED
CiTY ATTORNEY
CETY=A.ASER
Appropriate $5,252 Albertson's Grant revenue to the Fire Department Operating
Budget within the General Fund to host a safety and wellness fair for all age groups.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Bakersfield Fire Department received a grant in August 2000, from Albertson's
to host a safety and wellness fair for all age groups. This community-wide event is scheduled for
October 14, 2000, at Fire Station 1, 2101 H Street.
Some of the events will include a bicycle rodeo, cholesterol screening, healthy diet information, etc.
The Fire Department will also purchase a portable display board for public safety events with funds
from this grant.
kec
September 7, 2000.8:54AM
p:~Adnnin Report~Albertsons
' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Hearings
ITEM: 9. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Ci,ty Council
Development Services - Building
August 28, 2000
DEPARTMENT HEAv/~,,P~~ VED
CITY ATTORN~
CITYMANAGER ~
A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code
Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for
which structures have been secured against entry or for the abatement of certain weeds, debris
and waste matter. (Wards 1, 2, 3, 5 and 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield
Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public
nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were
notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and
held before 'the Building Director, the Director issued orders requiring the property owner to abate the public
nuisance. The subject properties are listed as follows:
PROPERTYLOCATION
APN COST
Ward 1/Councilmember Carson
1. 410 S. Brown Street 019-072-04 $ 505.00
2. 801 Chester Avenue 009-242-12 $ 420.00
3. 227 Clifton Street 018-410-20 $ 320.00
4. 141 Clyde Street 018-390-24 $ 340.00
5. 220 Clyde Street 018-350-04 $ 395.00
6, 231 Clyde Street 018-380-19 $ 305,00
7. 607 S. Haley Street 019-102-16 $ 540.00
8. 730 S. Hatey Street 019-111-01 $ 310.00
9. 105 Hayes Street 018-340-14, $ 470.00
10. South of 122 Hayes Street 018-320-05 $ 345.00
11. 239 Hayes Street 018-350-20 $ 340.00
12. 241 Hayes Street 018-350-21 $ 340.00
13. 1112 L Street 009-031-12 $ 290.00
14. 330 Lakeview Avenue 018-420-02 $ 295.00
15. 332 Lakeview Avenue 018-420-01 $ 295.00
16. SEC Madison & Nina 170-080-12 $ 795.00
August 28, 2000. 1:44PM
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
17. 3320 Madison Avenue
18. 1008 Melwood Street
19. 703 N Street
20. 816 O Street
21. 322 Ohio Drive
22. NEC Owens & E. California
23. 129 S. Owens Street
24. 131 S. Owens Street
25. 301 S. Owens Street
26. 30 Union Avenue
27. 518 Wallace Street
28. 819 6th Street
29. 1300 block E. 18th Street
172-121-26 $ 620.00
170-132-20 $ 545.00
009-332-17 $ 395.00
009-212-03 $ 495.00
169-070-17 $ 745.00
017-440-06 $ 315.00
018-270-23 $ 260.00
018-270-24 $ 260.00
018-290-'~3 $ 545.00
139-370-05 $ 570.00
139-252-13 $ 305.00
009-410-02 $ 505.00
017-200-14 $ 320.00
Ward 2/Councilmember DeMond
30. 2226 C Street 003-152-02 $ 445.00
31, 808 S. Kern Street 139-161-04 $ 315.00
32. 1430 Quincy Street 015-010-11 $ 385.00
33. 632 E. 4th Street 139-291-12 $ 445.00
34. 614 E. 9th Street 139-112-09 $ 345.00
35. 305 17th Street 006-131-11 $ 270°00
36. 2102 20th Street 003-251-05 $ 794.00
Ward 3/Councilmember Ma.qqard
37. 1919 Columbus Street
38., 2699 Mt. Vernon Avenue
126-010-18 $ 795.00
129-010-13 $ 395.00
Ward 5/Councilmember Green
39. 4001Ming Avenue
440-011-04 $ 845.00
Ward 7/Councilmember Salvac~lio
40. 6810 Lowry Street
41. 4609 Poppyseed Street
516-032-27 $ 844.00
515-253-03 $ 345.00
The owners of the above-mentioned properties failed to commence the required work as ordered by the
Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal
Code, the public nuisances listed above were abatec~ 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 have been given notice of their right to appear at the
hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public
nuisance.
The Council will need to confirm 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. The Council, in its discretion, may amend, alter, modify or correct the assessment as
the Council deems just.
SE13BL1,HRG
August 28, 2000, 1:44PM
<' ' ' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Deferred Business
ITEM: 11 o a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 10, 2000
OVED
DEPARTMENT HEAD
C I:A:~:::
C
SUBJECT:
An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and multiple zone
maps within the metropolitan Bakersfield area by changing the zoning for forty-two city parks
and twelve North Bakersfield Recreation and Parks District parks from various zone
classifications to OS (Open Space) zoning. (All Wards)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Councitconductedthefirstreading ofthe ordinance on August30,2000. No one protested
the zone change.
On April 6, 2000, the Planning Commission adopted a resolution recommending approval of the zone
change request made by the City of Bakersfield. The request is to change the zoning from various
zone districts to an OS (Open Space) zone on a total of 54 park sites throughout the metropolitan
Bakersfield area. Forty-two of the park sitss are owned by the City of Bakersfield and twelve are
owned and operated by the North Bakersfield Recreation and Park District (NBR&PD). The purpose
of the zone change is to allow existing park uses to continue, and to allow for future passive
recreational uses/facilities within any of the subject park sites without the need to process a
Conditional Use Permit (CUP) application. This will translate into cost savings related to staff time
and advertising which are normally incurred during the CUP process.
The forty-two city-owned parks affected by this zone change are already developed, while four of the
twelve NBR&PD parks subject to this zone change have been developed as parks to date.
Parks are generally considered to be compatible with most other urban land uses. The request is
consistent with the various park site's land use designations as shown on the Metropolitan
Bakersfield 2010 General Plan maps. NBR&PD concurs with the proposed changes.
No public opposition has been received as of this writing.
August 10, 2000, 10:51AM
ADMINISTRATIVE REPORT' Page
No one spoke for or against the zone change request during the Planning Commission hearing.
All required public notices have been given. 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 is
recommended for adoption.
ATTACHMENTS:
EXHIBIT 1
EXHIBIT 2
List of Parks
Ordinance with Exhibits
(JS)
(admin%sept~9-13park)
August 10, 2000, 10:51AM
: ' ADMINISTRATIVE
REPORT
MEETING DATE:Sept13, 2000
AGENDA SECTION: Deferred Business
~TEM: :L :].. b,
TO: Honorable Mayor and City Council APPROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD ~2~-
DATE: August 31, 2000 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
Ordinance Amending Chapter 5.08 of the Bakersfield Municipal Code Relating to Alarm
Systems.
RECOMMENDATION:
Staff recommends adoption of ordinance amending chapter 5,08 of the Bakersfield Municipal Code.
BACKGROUND:
Changes to the ordinance were necessary to ensure consistency and to help enforce the permitting of alarm
systems. The new ordinance minimizes the differences between Police and Fire in regards to the number of
false alarms before a citation/fine is imposed. Enforcement action will be taken upon an al~ rm owners fifth
false alarm or third false robbery (police response) or third fire alarm within any 12 month period. Robbery
and fire alarm responses require more City staff than ordinary alarm calls, thereby resulting in the greater
waste of limited City resources and staff time when responding to this type of false alarm. The Fire
Department responded to 641 false alarms in 1999. ThE: Police Department responded to 11,161 false alarms
in the same time period. For new installations, a time frame to correct problems is given before the
enforcement process in initiated.
In an effort to get all alarms in Bakersfield permitted, this ordinance spreads the burden of obtaining a permit
to the installers as well as the owner.
Representatives from local alarms companies were involved in the process and have not objected to the
changes.
This ordinance was given first reading on August 30, 2000
August 31, 2000, 9:30AM
P:\~re preventionsAlarm Ordinance adrnin report.wpd
ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: Deferred Business
rFEM: 1]-,c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bad J. Thiltgen, City Attorney
September 5, 2000
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY~
CI~MANAGE~~
An ordinance amending Subsection F of Section 3.20.090 of the Bakers~eld Municipal Code
relating to performance bonds.
FiECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First.reading of the ordinance was at the August 30, 2000 Council meeting.
On certain City projects, where the City is using its own forces to do the work, the requirement for
performance bonds adds unnecessary expense. The bidder will only be delivering materials; thus, the need
~r performance bonds is minimal. This ordinance change exempts the City from the requirement that
performance bonds be obtained on such projects.
ADD:dlr
S:\COUNCIL',Admins~Peffonnancel~ondAmd2.wpd
September 6, 2000, 2:42pm
' ADMINISTRATIVE
REPORT
MEETING DATE: September 13, 2000
AGENDA SECTION: New Business
iTEM: ]-2.a,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
August 24, 2000
P ED
CI MAN GER ~
TY A
SUBJECT:
An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map
No.102-25 by changing the zoning from an R-4 (Limited Multiple Family Dwelling) zone to a
C-O (Professional Office) zone on 0.74 acres generally located on the half block on the east
side of "E" Street between 21sT and 22N° Streets (File #P00-0430) (Ward 2)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
Joy~e Evenson and Gloria Cory, property owners, and on behalf of all the other property owners
within the project site, applied for a zone change from an R-4 (Limited Multiple-Family Dwelling) zone
to a C-O (Professional Office) zone on 0.74 acres. The applicant desires to obtain the highest and
best use of the property. The General Plan Land Use designation of the site is OC (Office); however,
the current zoning is R-4 (Limited Multiple-Family Dwelling). The proposed rezoning to a C-O zone
would be consistent with the General Plan and surrounding zones. All six property owners within the
subject site are in favor of the zone change request.
The existing structures within the project site include a vacant office building and parking lot, and six
single family houses. Over time, surrounding property in this older neighborhood has been in
transition from residential use to offices. The properties located to the north, west and south are
zoned C-O. C-1 (Commercial) is located to the east across the alley of the project site. Surrounding
uses include various office buildings occupied by an engineering firm, fitness gym, attorneys,
insurance and medical offices. Several single family homes still remain in the immediate area. The
existing uses located east of the project site across a 20-foot wide alley (from the southwest corner
of F and 22nd Streets south to the northwest corner of F and 21't Streets) are a multiple tenant
building containing a chiropractor's office and beauty salon; a single family house, bNo multiple family
units (duplex or triplex); and a dell.
No opposition to the proposed zone change has been received.
August 24, 2000, 3:33PM
ADMINISTRATIVE REPORT Page 2
Staff responded to a comment submitted by the California Archaeological Inventory (AIC) at California
State University Bakersfield which recommended a cultural resource s~udy be prepared to determine
the significance of the existing structures. Staff reviewed the available documentation and guidelines
of the State Historic Preservation Office (SHPO)
None of the resources on site are listed in a local register of historical resources as defined in Section
5020.1 (k) of the Public Resource Code, are not considered unique archeological resources pursuant
to Public Resource Code § 21083.2, and are not found to be significant historical resources meeting
the requirements of Section 5024.1 (g) of the Public Resources Code. Staff recommends a finding
of less than significant for impacts related to cultural resources.
In addition, the City's Historic Preservation Ordinance requires agreement of the property owner
before the property is recognized by the City as historically significant, The property owners were
notified in 1990-1991 that their property was included in the "City of Bakersfield Cultural Resources
Inventory, Downtown Area, Fourth Year Comprehensive Survey (1990)", prepared by Chris Bewer
Historical Consultants. None of the owners have requested any historical or preservation status for
their properties. Currently, there is no interest to nominate these structures to the California Register
or local register. Unless the property owner agrees to designating the structure as historically
significant, designation and/or preservation is unlikely.
A letter was sent to AIC and SHPO explaining the City's cultural analysis and recommendation. No
response from these agencies was received dudng the public review period and the Planning
Commission's hearing, There has been no response as of the preparation date of this administrative
report,
The proposed zone change does not result in a change in the architectural flavor or of the structures
including any historical significance. A zone change does not preclude what currently could occur
on the project site. Under the currant R-4 zone, the property owners are under no requirement to
preserve the structures as historically significant. A ministerial permit is all that is necessary for
demolition, relocation or alteration of these properties. No further inventory or investigation is
necessary, The project would result in a less than significant impact.
Therefore, 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 Declaretion was prepared and advertised in accordance with CEQA
Guidelines.
(JENG)
(admin\sept\9-13-0430)
August 24, 2000, 3:33PM
ADMINISTRATaVE
REPORT
MEETING DATE: September 13, 2000
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Development Services - Planning
August 21, 2000
DEPARTMENT HEAD '~--"~.~ ~'~
An Ordinance amending Title 17 of the Municipal Code and zoning Map No. 102-30 from
an M-3 (Heavy Industrial) to M-2 (General Manufacturing) zone located generally along the
north side of Rosedale Highway, west of State Route 99. (Zone Change P00-0410)
(Ward 4)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
The Planning Commission held public hearings on this zone change on July 31, 2000, August 3,
2000, and then continued to August 17, 2000. This project was recommended for approval by
both staff and the Planning Commission with conditions of approval. There was no public
opposition for this item at the public hearings. Concern was raised by the Kern County Fire
Department and the Planning Commission regarding potential impacts from off-site industrial uses
should the project develop with commercial retail. A site specific risk analysis was completed by
Ralph Huey, Director of Environmental Services. There are two tanks which could hold flammable
substances located just north of the project site. There are several ways to mitigate this impact
and the Commission determined the most expeditious way would be during the site plan review
process. A condition of approval was added which will provide review and approval of any retail
project by the City's Director of Environmental Services pdor to development. This condition
alleviated the concerns.
The purpose of the proposal is to increase the number of uses allowed, including retail uses on
20 acres for future development of the site.
The territory of the project site is also being processed as an annexation (Annexation No. 412,
Rosedale No. 8) to the City. Staff anticipates that the protest hearing for the annexation witl be
before the City Council on September 27, 2000.
MO:pjt
P:adrninlsept/9-13-O41Q
September 7, 2000, 10:47AM