HomeMy WebLinkAbout03/09/05_CC_AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MARCH 9, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
(20 min)
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOP
a. Overview of Recreation Sites and Opportunities. (Staff presentation by City Manager Alan Tandy)
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Significant exposure to litigation
pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (1 case).
b. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(C) of Government Code Section 54956.9 regarding claim submitted
by Lavida Hammond.
RECONVENED MEETING - 6:30 p.m.
ROLL CALL
INVOCATION by Pastor Hayward J. Cox, Church of God.
PLEDGE OF ALLEGIANCE by Aven Wells, Jr., 7th Grade Student at Lakeside Elementary School.
CLOSED SESSION ACTION
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation &
Parks Director, proclaiming March 12, 2005, as "Arbor Day".
b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 9, 2005, as "Bakersfield Adult School Day".
PUBLIC STATEMENTS
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 23, 2005 Council Meeting.
Payments:
b. Approval of department payments from February 11, 2005 to February 24, 2005 in the
amount of $7,755,787.80 and self insurance payments from February 11, 2005 to
February 24, 2005 in the amount of $279,823.20.
6.
7.
8.
9.
10.
11.
11. CONSENT CALENDAR continued
0Nard 7)
0Nard 4)
(Ward 4)
(Ward 3)
(Ward 2)
(Ward 4)
(Ward 4)
(Ward 3)
Ordinances:
First Reading of Ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30, 17.31
and 17.58 of the Municipal Code relating to commercial and industrial setback requirements
and parking lot lighting.
First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-26 from an R-S-10a (Rural Suburban - 10 acre
minimum) to R-1 (One Family Dwelling) on 20+ acres located on the east side of Stine
Road between Berkshire Road and Hosking Road. (Applicant: Brimhall Partners, Inc.)
(ZC04-1621)
Adoption of Ordinance adopting the Negative Declaration and Title 17 of the Municipal
Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban - 5 acre minimum) to
M-2 (General Manufacturing) zone on approximately three acres, located at the southeast
corner of Coffee Road and Downing Road. (ZC03-1349) (Applicant: City of Bakersfield)
(FR 02/23/05)
Adoption.of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre
minimum) zone to an M-2 (General Manufacturing) zone on 7+ acres, located on the
southwest corner of Meany Avenue and Patton Way. (Applicant: Marino and Associates)
(ZC04-1430) (FR 02/23/05)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional
Commercial) zone on 7.7 acres, located on the south side of Columbus Street, and on the
east side of Haley Street. (Applicant: Michael Dhanens) (ZC04-1473) (FR 02/23/05)
Resolutions:
Resolution approving Cultural Resource Designation and placement of property located at
1811 20th Street on the Bakersfield Register of Historic Places.
Resolution authorizing the Finance Director to dispense with usual bidding procedures and
to purchase a forensic video analysis system from Ocean Systems, Inc. (not to exceed
$43,000.00).
Resolution adding territory, Area 1-54 (Brimhall, Calloway SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 1-56 (Rosedale, Froelich SW) to the Consolidated
Maintenance District and confirming the assessments approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 4-35 (Fairfax, Royal Coach 2) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
11.
(Ward 1 )
(Ward 1 )
0Nard 2)
0Nard 7)
(Ward 4,5)
(Ward 4)
CONSENT CALENDAR continued
Resolution adding territory, Area 5-18 (S. Chester, Geneva SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1374 to add territory, Area 4-36 (Chester, 2nd NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1375 to add territory, Area 4-37 (21st, "R" NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
p. Golden Valley Planned Drainage Area:
Resolution of Intention No. 1372 to establish drainage plan for the Golden Valley
Planned Drainage Area and preliminarily approving the boundaries of area and the
cost and fee schedule.
First Reading of Ordinance amending Section 16.32.060 of the Municipal Code
relating to drainage facilities.
Agreement with Kern High School District (not to exceed $179,385.00) for
reimbursement of construction and land cost for upsizing storm drain facilities to
conform to the Golden Valley Drainage Area.
Agreements:
q. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056
Phases 2 and 5 located north of Reina Road and east of Jewetta Avenue.
Final Map and Improvement Agreement with McMillin Albany, LLC. for Tract 6169
Phase 8 located north of Panama Lane and east of Old River Road.
Improvement Agreement with Castle & Cooke Commercial-CA, Inc. for Parcel Map
11119 Phase 1 located west of Gosford Road and north of Harris Road.
Final Map and Improvement Agreements with Fair Oaks South, L. P. for Tract 6079
Unit 2 located west of Old River Road and south of Southern Pacific Railroad Right
of Way.
Final Maps and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234
Unit 3, located south of Reina Road and west of Old Farm Road.
Agreement with Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed
$240,000.00, 16 month term) for Worker's Compensation legal services.
Agreement with Clifford & Brown (not to exceed $75,000.00) for outside legal services in
the matter of Grant D. Hoffman, et al v. City, et al.
Agreement to approve assignment of lease from Paul Bealessio to Dr. Richard Parrot of
City owned real property located 1100 Coffee Road.
3
11. CONSENT CALENDAR continued
12.
(Ward 3)
Bids:
Accept bid from Hi Standard Automotive ($52,574.20) for lightbars and sirens for police
vehicles (new and existing).
Accept bid to award annual contract to Jim AIfter, Cement Contractor (not to exceed
budgeted amount of $220,000.00) for canal liner repair.
Accept bids from Sunrise Lighting Systems (137 items $74,098.06) and Quattro Lighting
Inc. (137 items $72,584.66) for decorative park lighting fixtures and poles for 32 acre park.
Miscellaneous:
Appropriate and transfer $150,000.00 General Fund balance to the Equipment
Management Fund Public Works Department's operating budget to purchase two aerial
lift trucks for the traffic signal maintenance program.
y. Contribution from Shell Oil Products U.S. for Special Safety and Recreation Programs:
Appropriate $5,000.00 to the General Fund Fire Department Operating Budget for
the publication of water safety brochures.
Appropriate $4,623.00 to the General Fund Recreation and Parks Operating Budget
for a sports program for underprivileged youth.
z. Historic Preservation Commission 2003/2004 Fiscal Year Annual Report.
aa.
City Policy regarding maintenance of sidewalks. (Refer to Planning & Development
Committee.)
Staff recommends adoption of Consent Calendar items a through aa.
CONSENT CALENDAR HEARINGS
General Plan Amendment/Zone Change No. 03-0746; Mclntosh & Associates, on behalf of
Mountain View Bravo, LLC has proposed a general plan amendment and zone change on
41.3 acres located generally north of Highway 178 east of Masterson Street (City in the
Hills). (Staff recommends adoption of resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change the land use designation from GC (General Commercial) to
LR (Low Density Residential) on 16,02 acres and HR (High Density Residential) on
6.01 acres, HMR (High Medium Residential) to GC on 11.81 acres, LR to GC on
7.20 acres, and LR to HR on 0.26 acres.
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19 and 104-20,
to change the zoning from C-2 (Regional Commercial) to R-1 (One Family Dwelling)
on 16.02 acres and R-3 (Limited Multiple Family Dwelling) on 6.01 acres, R~2 to C-2
on 11.81 acres, R-1 to C-2 on 7.20 acres, and R-1 to R-3 on 0.26 acres.
4
12.
(Ward 7)
(Ward 7)
(Ward 5)
CONSENT CALENDAR HEARINGS continued
General Plan Amendment/Zone Change 04-0867; Porter-Robertson Engineering, on behalf
of Jori Balfanz, et al (property owner) has proposed a general plan amendment and zone
change on 11.05 acres located west of State Highway 99, generally south of Hosking
Avenue. (Staffrecommendsadoptionofresolutionandgivefirstreadingtoordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from LR (Low Density
Residential) to GC (General Commercial) on 4.03 acres and from GC to LR on 7.02
acres.
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-36 from R-1 (One Family
Dwelling) to C-1 (Neighborhood Commercial) on 4.03 acres and from C-1 to R-1 on
7.02 acres.
General Plan Amendment/Zone Change 04-1322; Susan Lucas (property owner) has
proposed a general plan amendment and zone change on 14.95 acres, located north of
Hosking Avenue, generally west of State Route 99. (Staff recommends adoption of
resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from LMR (Low Medium Density
Residential) and LR (Low Density Residential) to GC (General Commercial).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to C-2
(Regional Commercial) zone.
General Plan Amendment/Zone Change No. 04-1334; The Lusich Company, Inc., on behalf
of Antongiovani, et al, has proposed a general plan amendment and zone change on 95.94
acres located on the south side of Panama Lane, east and west of Old River Road. The
proposal includes annexation into the City and cancellation of a Williamson Act Contract for
80.11 acres. (Staff recommends adoption of resolutions and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change the land use designation from R-lA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map Nos. 123-29 and 123-30 from A
(Agriculture) to R-1 (One Family Dwelling).
Resolution approving the Negative Declaration and approving the cancellation of a
Williamson Act Contract for 80.11 acres.
12.
(Ward 4)
13.
0Nard 4)
14.
0Nard 4)
CONSENT CALENDAR HEARINGS continued
General Plan Amendment/Zone Change 03-1345; Max P. Bacerra and Associates, on
behalf of Rogelio Tolentino, has proposed a general plan amendment and zone change on
18.64 acres located along the northeast corner of Old Farm Road (extended) and Noriega
Road. (Staff recommends adoption of resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment to change land use designations from R-IA (Resource-Intensive
Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to GC
(General Commercial) on 5.0 acres.
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-13 changing the zoning from A-
20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 13.64 acres
and to C-2 (Regional Commercial) on 5 acres.
General Plan AmendmentJZone Change 04-1346; Mclntosh & Associates, on behalf of
Workman Brothers, has proposed a general plan amendment and zone change on 30 acres
located along the north side of Taft Highway/State Route 119, approximately 2,000 feet
east of Ashe Road and 2,300 feet west of Stine Road. (Staff recommends adoption of
resolution and give first reading to ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designations from RR (Rural Residential) to LR
(Low Density Residential).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-34 from A (Exclusive Agriculture)
to R-1 (One Family Dwelling).
HEARINGS
Hearing to consider General Plan Amendment/Zone Change 04-0815; Porter-
Robertson Engineering, on behalf of James Etcheverry, et al, has applied for a general
plan amendment and zone change on 82.5 acres located north of Snow Road, generally
between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning
Commission decision to deny the proposal.
Resolution approving the Negative Declaration and adopting the requested general
plan amendment from SR (Suburban Residential) to LR (Low Density Residential).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1
(One Family Dwelling).
Staff recommends this project be deferred (as requested by appficant) until the Council hearings
on the next general plan amendments in August.
REPORTS
Community Services Committee Report regarding naming of park at Stockdale Highway
and Buena Vista Road.
Community Services Committee recommends acceptance of report.
14.
15.
16.
REPORTS continued
b. Fiscal Year 2004-05 Budget Report.
1. Transfer and appropriate $1,776,000.00 General Fund balance to the Equipment
Management Fund, Public Works operating budget for police, streets, graffiti, parks
and code enforcement vehicles and capital equipment.
Staff recommends approval of transfer and appropriation.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectively submitted,
Alan Tandy
City Manager
pi
03/02/054:00pm
AGENDA HIGHLIGHTS
MARCH 9, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
City Manager, Alan Tandy will give a brief overview of the opportunities associated with two sites
for soccer and baseball fields that may address current and future recreation needs.
CLOSED SESSION
There will be conferences with legal counsel regarding one item of potentiat litigation and one item
of pending litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Ordinances
Item 11c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Commercial
and Industrial Setback Requirements and Parkinq Lot Liqhtinq. The proposed changes were
initially brought before Council on June 27, 2001. It was referred to the Planning and Development
Committee at the request of the BIA to review the proposed wall height increase. This issue was
resolved by the Committee by eliminating it from the proposed changes. This ordinance was
approved by the Planning Commission.
Item 11d. First Readinq of Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from
R-S-10a (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwellinq) on 20+ Acres Located
on the East Side of Stine Road between Berkshire Road and Hoskinq Road. The zone chang~
would allow for development of single family homes. There was no opposition to the request and
the Planning Commission approved the project.
Resolutions
Item 11h. Resolution Approvinq Cultural Resource Desiqnation and Placement of the Jastro
House Located at 1811 20th Street on the Bakersfield Reqister of Historic Places. It is estimated
that this home was constructed in 1875 and was originally owned by Henry Jastro. The Historic
Preservation Commission unanimously approved the application at a public hearing February 15,
2005. No public comments were received in opposition to this application.
Item 11p. Golden Valley Planned Drainaqe Area. The City is proposing to consolidate the
drainage facilities for the area of Hosking Avenue, between South Union Avenue and east of South
"H" Street. The proposed system consists of a pipeline system that will drain water to a central
basin. Portions of this system were built during the construction of Golden Valley High School,
with the plan that the City would later reimburse the Kern High School District for the difference in
cost. The funding for the completion of this project and reimbursement would be through a Planned
Drainage Area (PDA). Future developments in this area would pay their proportionate share of the
cost of this project and allow reimbursement to the Kern High School District. This resolution
preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
Agenda Highlights
March 9, 2005
Page 2
Aqreements
Item 11s. Aqreement with Clifford & Brown for Outside Leqal Services in the Matter of Grant D.
Hoffman, et al v. City, et al in an amount not to exceed $75.000. Before this matter was scheduled
for trial, the Plaintiff agreed to settle the matter for $25,000. The total cost of legal services is
expected to be less than $70,000, so approval of this Agreement in an amount not to exceed
$75,000 will eliminate the need to return to Council for approval.
Bids
Item 11v. Award Annual Contract to Jim Alfter, Cement Contractor for Canal Liner Repair in a not
to exceed budaeted amount of $220,000. This contract is used to repair concrete portions of the
City's carrier and river canals. Three acceptable bids were received. Staff recommends award to
Jim Alfter, Cement Contractor.
Item 11w. Award Contract to Sunrise Liqhtinq Systems (137 items $74,098.06/ and Quattro
Liqhtinq Inc. (137 items $72,584.66) for Decorative Park Liqhtinq Fixtures and Poles for the 32-
Acre Park. Five acceptable bids were received. Staff recommends the award be split in order to
obtain the best pricing.
Miscellaneous
Item 11x. Appropriate and Transfer $150,000 General Fund Balance to the Equipment
Manaqement Fund Public Works Department's Operatinq Budqet to Purchase Two Aerial Lift
Trucks for the Traffic Siqnal Maintenance Proqram. The Public Works Department is implementing
a "Right Sizing" plan for the General Services Division to reallocate their staff resources to more
critical areas. The plan improves staffing levels for the Traffic Signal and Street Light Section to
address growth and other service demand. The on-going funding of these positions will be from
existing resources, and the only additional expense would involve the transfer and appropriation for
the initial purchase of two aerial lift trucks.
Item 11aa. City Policy Reqardinq Maintenance of Sidewalks. The existing policy outlines a
program for identifying sidewalks in need of repair and makes reference to the height of the alleged
defect. The law has changed since the passage of the policy, and sidewalks are now determined
to be defective or dangerous based on the totality of circumstances surrounding each instance.
Staff recommends referring the item to the Planning and Development Committee to discuss
revising the policy in order to be more in line with current law.
CONSENTCALENDAR HEARINGS
Item 12a. General Plan Amendment and Zone Chanqe on 41.3 Acres Located Generally North of
Hiqhway 178, East of Masterson Street (City in the Hills/. Mclntosh and Associates, on behalf of
Mountain View Bravo, LLC, proposes to change the land use designation from GC (General
Commercial) to LR (Low Density Residential) on 16.02 acres and HR (High Density Residential)
on 6.01 acres, HMR (High Medium Residential) to GC on 11.81 acres, LR to GC on 7.20 acres,
and LR to HR on 0.26 acres. The purpose is to facilitate the circulation changes that were recently
approved, and accommodate the street and lot design of several tracts within the project area,
including park size and location. The proposed limitations will ensure the project does not
generate new environmental impacts. Mitigation measures will be implemented as conditions of
approval and apply to the entire project area. There was no opposition to the request.
Agenda Highlights
March 9, 2005
Page 2
Aqreements
Item 11s. Aqreement with Clifford & Brown for Outside Leqal Services in the Matter of Grant D.
Hoffman, et al v. City, et al in an amount not to exceed $75,000. Before this matter was scheduled
for trial, the Plaintiff agreed to settle the matter for $25,000. The total cost of legal services is
expected to be less than $70,000, so approval of this Agreement in an amount not to exceed
$75,000 will eliminate the need to return to Council for approval.
Bids
Item 11v. Award Annual Contract to Jim Alfter, Cement Contractor for Canal Liner Reoair in a not
to exceed budqeted amount of $220,000. This contract is used to repair concrete portions of the
City's carrier and river canals. Three acceptable bids were received. Staff recommends award to
Jim AIfter, Cement Contractor.
Item 11w. Award Contract to Sunrise Liqhtinq Systems (137 items $74,098.06) and Quattro
Liqhtinq Inc. (137 items $72,584.66) for Decorative Park Liqhtinq Fixtures and Poles for the 32-
Acre Park. Five acceptable bids were received. Staff recommends the award be split in order to
obtain the best pricing.
Miscellaneous
Item 11x. Appropriate and Transfer $150,000 General Fund Balance to the Equipment
Manaqement Fund Public Works Department's Operatinq BudQet to Purchase Two Aerial Lift
Trucks for the Traffic Siqnal Maintenance Proqram. The Public Works Department is implementing
a "Right Sizing" plan for the General Services Division to reallocate their staff resources to more
critical areas. The plan improves staffing levels for the Traffic Signal and Street Light Section to
address growth and other service demand. The on-going funding of these positions will be from
existing resources, and the only additional expense would involve the transfer and appropriation for
the initial purchase of two aerial lift trucks.
Item 11aa. City Policy Reqardinq Maintenance of Sidewalks. The existing policy outlines a
program for identifying sidewalks in need of repair and makes reference to the height of the alleged
defect. The law has changed since the passage of the policy, and sidewalks are now determined
to be defective or dangerous based on the totality of circumstances surrounding each instance.
Staff recommends referring the item to the Planning and Development Committee to discuss
revising the policy in order to be more in tine with current law.
CONSENT CALENDAR HEARINGS
Item 12a. General Plan Amendment and Zone Chanqe on 41.3 Acres Located Generally North of
Hiqhway 178, East of Masterson Street (City in the Hills}. Mclntosh and Associates, on behalf of
Mountain View Bravo, LLC, proposes to change the land use designation from GC (General
Commercial) to LR (Low Density Residential) on 16.02 acres and HR (High Density Residential)
on 6.01 acres, HMR (High Medium Residential) to GC on 11.81 acres, LR to GC on 7.20 acres,
and LR to HR on 0.26 acres. The purpose is to facilitate the circulation changes that were recently
approved, and accommodate the street and lot design of several tracts within the project area,
including park size and location. The proposed limitations will ensure the project does not
generate new environmental impacts. Mitigation measures will be implemented as conditions of
approval and apply to the entire project area. There was no opposition to the request.
AGENDA HIGHLIGHTS
MARCH 9, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
City Manager, Alan Tandy will give a brief overview of the opportunities associated with two sites
for soccer and baseball fields that may address current and future recreation needs.
CLOSED SESSION
There will be conferences with legal counsel regarding one item of potential litigation and one item
of pending litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Ordinances
Item 11c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Commercial
and Industrial Setback Requirements and Parkinq Lot Liqhtinq. The proposed changes were
initially brought before Council on June 27, 2001. It was referred to the Planning and Development
Committee at the request of the BIA to review the proposed wall height increase. This issue was
resolved by the Committee by eliminating it from the proposed changes. This ordinance was
approved by the Planning Commission.
Item 11d. First Readinq of Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from
R-S-IOa (Rural Suburban - 10 acre minimum) to R-1 (One Family Dwellinq) on 20+ Acres Located
on the East Side of Stine Road between Berkshire Road and Hoskinq Road. The zone change
would allow for development of single family homes. There was no opposition to the request and
the Planning Commission approved the project.
Resolutions
Item 11h. Resolution Approvinq Cultural Resource Desiqnation and Placement of the Jastro
House Located at 1811 20th Street on the Bakersfield Reqister of Historic Places. It is estimated
that this home was constructed in 1875 and was originally owned by Henry Jastro. The Historic
Preservation Commission unanimously approved the application at a public hearing February 15,
2005. No public comments were received in opposition to this application.
Item 11p. Golden Valley Planned Drainaqe Area. The City is proposing to consolidate the
drainage facilities for the area of Hosking Avenue, between South Union Avenue and east of South
"H" Street. The proposed system consists of a pipeline system that will drain water to a central
basin. Portions of this system were built during the construction of Golden Valley High School,
with the plan that the City would later reimburse the Kern High School District for the difference in
cost. The funding for the completion of this project and reimbursement would be through a Planned
Drainage Area (PDA). Future developments in this area would pay their proportionate share of the
cost of this project and allow reimbursement to the Kern High School District. This resolution
preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
Agenda Highlights
March 9, 2005
Page 3
Items 12b. and 12c. General Plan Amendments and Zone Chanqes on Two Parcels Located
West of State Hiqhway 99: 1) Generally South of Hoskinq Avenue (Porter-Robertson Enqineerinq,
on behalf of Jon Balfanz, et al - 11.05 Acres/ and 2) North of Hoskinq Avenue (Susan Lucas -
14.95 Acres). The changes are proposed to allow for the future expansion of the Hosking/State
Highway 99 Interchange. The City is anticipating the development of a "lull" interchange and the
requirement for additional right-of-way acquisition looks eminent along Hosking Avenue.
The future acquisition will reduce the commercial area that exists at the site. Mr. Balfanz, et al,
requested the reconfiguration of the commemial and residential designations south of Hosking
Avenue, west of SR-99. The land use designations for the area will remain similar to what they
currently are and the proposal will permit the development of single family and uses on the site.
Ms. Lucas requested additional commercial north of Hosking Avenue, west of SR-99. There was
no opposition to either request, and the Planning Commission recommended approval.
Item 12d. General Plan Amendment and Zone Chanqe on 95.94 Acres Located on the South
Side of Panama Lane, East and West of Old River Road. The Lusich Company, Inc. on behalf of
Antongiovani, et al. proposes to change the land use designation from R-IA (Resource-intensive
Agriculture) to LR (Low Density Residential) for residential development. The project site contains
an 80.11 acre Williamson Act Contact west of Old River Road. The applicant requested
cancellation of the "contract" which can be accomplished by paying the cancellation fee to the
County Treasurer as deferred taxes.
The proposal provides a logical extension for residential development in the City. The project site
is located within the new Sphere of Influence Boundary and has direct access to an existing
Arterial (Panama Lane). Water and sewer service is available to the project site. The conversion
of the project site from agriculture to urbanization is supported by the analysis prepared for the
project and the policies of the Metropolitan Bakersfield General Plan. There was no opposition to
the request, and the Planning Commission recommended approval.
Item 12e. General Plan Amendment and Zone Chanqe on 18.64 Acres Located Alonq the
Northeast Corner of Old Farm Road (extended) and Norieqa Road. Max P. Bacerra and
Associates on behalf of Rogelio Tolentino proposes to change land use designations from R-IA
(Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to
GC (General Commercial) on five acres. The purpose is to construct 75 single-family dwellings on
the LMR (Low Medium Density Residential) site and 1,000 square feet of gross leaseable area on
the GC site. There was no opposition to the request, and the Planning Commission
recommended approval.
Item 12f. General Plan Amendment and Zone Chanqe on 30 Acres Located Atonq the North Side
of Taft Hiqhway/State Route 119, Approximately 2,000 Feet East of Ashe Road and 2.300 Feet
West of Stine Road. Mclntosh & Associates, on behalf of Workman Brothers proposes to change
the land use designations from RR (Rural Residential) to LR (Low Density Residential). The
purpose is to construct 118 single-family dwellings. There was no opposition to the request, and
the Planning Commission recommended approval.
HEARINGS
Item 13a. Appeal by Porter-Robertson Enqineerinq, on behalf of James Etcheverrv. et al. of the
Planninq Commission's Decision Denyinq Their Proposal for a General Plan Amendment and Zone
Chanqe on 82.5 Acres, Located North of Snow Road, Generally Between Allen Road and Callowav
Drive. Porter-Robertson Engineering is requesting this case be taken out of this General Plan
amendment "cycle" and be considered by Council with the next set of General Plan amendments in
late summer in order to resolve an issue raised by the Planning Commission. The request was
Agenda Highlights
March 9, 2005
Page 4
received too late to modify the agenda or renotice the public, and there may be people attending
the meeting with the intent to speak. Staff agrees with the requested shift in cycle.
REPORTS
Item 14a. Community Services Committee Report Reqardinq Naminq of the 32-Acre Park. On
February 28, 2005, the Community Services Committee considered a proposal to name the newest
City park located near the intersection of Stockdale Highway and Buena Vista Road, which is now
under construction. Councilmember Couch, in cooperation with the developer, Castle & Cooke,
and the Kern River Parkway Committee, recommend naming the park "The Park at Riverwalk."
The Committee recommends approval by the full Council.
Item 14b. Fiscal Year 1004-05 Bud~]et Report. In October, staff presented the first phase of
budget restoration actions which the City Council approved. At that time, there was positive news
for both Sales Tax and Property Tax which resulted in additional funding for personnel, equipment,
benefits and street maintenance.
Projected estimates for this year's cash balance, sales tax, property tax, and T.O.T. revenues are
all up. It appears there will be sufficient funds to restore approximately $3,276,000 in one-time
costs and $3,654,857 in ongoing costs for staffing and staffing-related capital costs.
Staff is currently developing the proposed FY 2005-06 budget with specific detailed position
restoration recommendations intended to address Council priority areas. The actual number and
distribution of positions will not be certain until the budget process has been concluded. However,
it is likely, based on current information and trends, that we can achieve a significant level of
restoration relative to where we were several years ago before the State capture of our revenues.
In order to facilitate the timely implementation of these anticipated budget proposals, staff will
proceed now with the advertising and recruitment of positions. The final number of positions to be
recruited will be subject to late adjustment and refinement in the budget process. This would allow
positions to be filled immediately once the budget is adopted and the Fiscal Year begins July 1,
2005. Staff will proceed with the understanding that the permanent positions would not be hired
until the budget has been adopted. Additionally, staff will be immediately hiring additional
temporary employees to address current workload backlogs until the permanent positions
proposed for the 2005-06 budget in those divisions can be filled.
Staff is also requesting approval to transfer funds to the equipment fund to purchase vehicles and
equipment that will be needed for the additional positions should they be approved in the upcoming
budget. Purchasing vehicles now would accelerate the ability to get employees into the field as
soon as possible once the budget has been approved. The actual vehicles purchased may also be
subject to adjustment at bid award time due to budgetary changes. If for some reason the
positions are not approved, the vehicles, if purchased, would be used to reduce the number
needed due to scheduled replacement for our existing fleet.
Approved:
John W. Stinson,
Assistant City Manager
CC;
Department Heads
Rhonda Smiley, Administrator / PR
City Manager's File
City Clerk's Office
News Media File
Agenda Highlights
Mamh9,2005
Page 4
received too late to modify the agenda or renotice the public, and there may be people attending
the meeting with the intent to speak. Staff agrees with the requested shift in cycle.
REPORTS
Item 14a. Community Services Committee Report Reqardinq Naminq of the 32-Acre Park. On
February 28, 2005, the Community Services Committee considered a proposal to name the newest
City park located near the intersection of Stockdale Highway and Buena Vista Road, which is now
under construction. Councilmember Couch, in cooperation with the developer, Castle & Cooke,
and the Kern River Parkway Committee, recommend naming the park "The Park at Riverwalk."
The Committee recommends approval by the full Council.
Item 14b. Fiscal Year 1004-05 Budqet Report. In October, staff presented the first phase of
budget restoration actions which the City Council approved. At that time, there was positive news
for both Sales Tax and Property Tax which resulted in additional funding for personnel, equipment,
benefits and street maintenance.
Projected estimates for this year's cash balance, sales tax, property tax, and T.O.T. revenues are
all up. It appears there will be sufficient funds to restore approximately $3,276,000 in one-time
costs and $3,654,857 in ongoing costs for staffing and staffing-related capital costs.
Staff is currently developing the proposed FY 2005-06 budget with specific detailed position
restoration recommendations intended to address Council priority areas. The actual number and
distribution of positions will not be certain until the budget process has been concluded. However,
it is likely, based on current information and trends, that we can achieve a significant level of
restoration relative to where we were several years ago before the State capture of our revenues.
In order to facilitate the timely implementation of these anticipated budget proposals, staff will
proceed now with the advertising and recruitment of positions. The final number of positions to be
recruited will be subject to late adjustment and refinement in the budget process. This would allow
positions to be filled immediately once the budget is adopted and the Fiscal Year begins July 1,
2005. Staff will proceed with the understanding that the permanent positions would not be hired
until the budget has been adopted. Additionally, staff will be immediately hiring additional
temporary employees to address current workload backlogs until the permanent positions
proposed for the 2005-06 budget in those divisions can be filled.
Staff is also requesting approval to transfer funds to the equipment fund to purchase vehicles and
equipment that will be needed for the additional positions should they be approved in the upcoming
budget. Purchasing vehicles now would accelerate the ability to get employees into the field as
soon as possible once the budget has been approved. The actual vehicles purchased may also be
subject to adjustment at bid award time due to budgetary changes. If for some reason the
positions are not approved, the vehicles, if purchased, would be used to reduce the number
needed due to scheduled replacement for our existing fleet.
Approved:
John W. Stinson,
Assistant City Manager
CC:
Department Heads
Rhonda Smiley, Administrator / PR
City Manager's File
City Clerk's Office
News Media File
Agenda Highlights
March 9, 2005
Page 3
Items 12b. and 12c. General Plan Amendments and Zone Chanqes on Two Parcels Located
West of State Hiqhway 99: 1) Generally South of Hoskinq Avenue (Porter-Robertson Enqineerinql
on behalf of Jon Balfanz, et al - 11.05 Acres) and 2) North of Hoskinq Avenue (Susan Lucas -
14.95 Acres/. The changes are proposed to allow for the future expansion of the Hosking/State
Highway 99 Interchange. The City is anticipating the development of a "full" interchange and the
requirement for additional right-of-way acquisition looks eminent along Hosking Avenue.
The future acquisition will reduce the commercial area that exists at the site. Mr. Balfanz, et al,
requested the reconfiguration of the commercial and residential designations south of Hosking
Avenue, west of SR-99. The land use designations for the area will remain similar to what they
currently are and the proposa~ will permit the development of single family and uses on the site.
Ms. Lucas requested additional commercial north of Hosking Avenue, west of SR-99. There was
no opposition to either request, and the Planning Commission recommended approval.
Item 12d. General Plan Amendment and Zone Chanqe on 95.94 Acres Located on the South
Side of Panama Lane, East and West of Old River Road. The Lusich Company, Inc. on behalf of
Antongiovani, et al. proposes to change the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) for residential development. The project site contains
an 80.11 acre Williamson Act Contact west of Old River Road. The applicant requested
cancellation of the "contract" which can be accomplished by paying the cancellation fee to the
County Treasurer as deferred taxes.
The proposal provides a logical extension for residential development in the City. The project site
is located within the new Sphere of Influence Boundary and has direct access to an existing
Arterial (Panama Lane). Water and sewer service is available to the project site. The conversion
of the project site from agriculture to urbanization is supported by the analysis prepared for the
project and the policies of the Metropolitan Bakersfield General Plan. There was no opposition to
the request, and the Planning Commission recommended approval.
Item 12e, General Plan Amendment and Zone Chanqe on 18.64 Acres Located Alonq the
Northeast Corner of Old Farm Road (extended) and Norieqa Road. Max P. Bacerra and
Associates on behalf of Rogelio Tolentino proposes to change land use designations from R-IA
(Resource-Intensive Agriculture) to LMR (Low Medium Density Residential) on 13.64 acres and to
GC (General Commercial) on five acres. The purpose is to construct 75 single-family dwellings on
the LMR (Low Medium Density Residential) site and 1,000 square feet of gross leaseable area on
the GC site. There was no opposition to the request, and the Planning Commission
recommended approval.
Item 12f. General Plan Amendment and Zone Chanqe on 30 Acres Located AIonq the North Side
of Taft Hiqhwav/State Route 119, Approximately 2,000 Feet East of Ashe Road and 2,300 Feet
West of Stine Road. Mclntosh & Associates, on behalf of Workman Brothers proposes to changu
the land use designations from RR (Rural Residential) to LR (Low Density Residential). The
purpose is to construct 1 18 single-family dwellings. There was no opposition to the request, and
the Planning Commission recommended approval.
HEARINGS
Item 13a. Appeal by Porter-Robertson Enqineerinq, on behalf of James Etcheverry, et al, of the
Planninq Commission's Decision Denyinq Their Proposal for a General Plan Amendment and Zonu.
Chanqe on 82.5 Acres, Located North of Snow Road, Generally Between Allen Road and Calloway
Drive. Porter-Robertson Engineering is requesting this case be taken out of this General Pla.
amendment "cycle" and be considered by Council with the next set of General Plan amendments in
late summer in order to resolve an issue raised by the Planning Commission. The request was
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Workshop
ITEM: ~.,,~. O..,.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~('~'i'
DATE: March 1, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Overview of Recreation Sites and Opportunities
RECOMMENDATION:
BACKGROUND:
The news media has recently reported on the future loss of soccer fields by AYSO at Cai State
Bakersfield. City staff has done some preliminary research into how we can respond the loss of the fields
and to meet future demand for baseball fields as the city grows.
City Manager, Alan Tandy will give a brief overview of the opportunities associated with two sites for
soccer and baseball fields that may address current and future recreation needs.
March 2, 2005, 10:58AM
C:\Documents and Settings~achriste\Desktop\rec sites admin 3-1-05,doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Closed Session
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 25, 2005
APPROVED
DEPARTMENT HEAD
CITYATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Potential Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code
section 54956.9 - one case
VG:do
S:\COUNCIL\CI Sess~Admins\04-0~2005\03-09-05 PotentJaLdoc
2/25/2005
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
I ITEM: ~. b.
AGENDA SECTION: Closed Session
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 25, 2005
APPROVED
DEPARTMENT HEAD
CITYATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Pending Litigation
Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section 54956.9
· Concerning claim submitted by Lavida Hammond
VG:do
S:\COUNCIL\CI Sess~Admins\04-05~2005\03-09-05Claim .doc
2/25/2005
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Presentations
ITEM: ~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 24, 2005
DEPARTMENT HEAD~
ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Alan Christensen, Interim Recreation &
Parks Director, City of Bakersfield Recreation & Parks Department, proclaiming March 12,
2005, as "Arbor Day".
RECOMMENDATION:
BACKGROUND:
ndw
February 24, 2005, 9:03AM
S:\MAYOR~ADMIN~ARBOR DAY 05 TO AC.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Presentations
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 24, 2005
,~OVED
DEPARTMENT HEAD_~_
A'I-rORNEY
CITYMANAGER _(~
Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 9, 2005, as "Bakersfield Adult School Day'.
RECOMMENDATION:
BACKGROUND:
ndw
February 24, 2005, 9:08AM
S:\MAYOR~ADMIN\BAKERSFIELD ADULT SCHOOL DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~[.~.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City CI(~L~
February 25, 2005
APPROVED
DEPARTMENT HEA~,j ~ ~'
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the February 23, 2005 Council Meeting.
RECOMMENDATION:.
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~{.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimkol Finance Director
February 24, 2005
APPROVED
DEPARTMENTHEAD ,~-~.,'~
CITYMANAGER
Approval of department payments from February 11, 2005 to February 24, 2005 in the
amount of $7,755,787.80 and self insurance payments from February 11, 2005 to February
24, 2005 in the amount of $279,823.20.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,035,611.00.
BACKGROUND:
klg
February 24, 2005, 3:08PM
S:',,KimG~Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
MEETING DATE: March 9, 2005
ITEM NO: i l.~,
TO: Honorable Mayor and City Council APPROVED
DEPARTMENT HEAD ~
FROM: Development Services - Planning CITY ATTORNEY ~
DATE: March 1,2005 CITY MANAGER _,~.,~'=~
SUBJECT: First reading of an ordinance amending Chapters 17.20, 17.22, 17.24, 17.28, 17.30,
17.31, and 17.58 of Title 17 of the Bakersfield Municipal Code relating to commercial
and industrial setback requirements and parking lot lighting. (Citywide)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The proposed ordinance amendments include changes to setbacks in commercial and industrial
zones and to parking lot lighting requirements as follows:
Reduce the minimum rear yard of commercial/industrial zones from 20 feet to 0 feet if
adjacent to other commercial and industrial zoned properties. If adjacent to residential
zones, both the rear and side yards would be a minimum of 20 feet.
· Require that the minimum front yard in the M-1 and M-2 zones be 10 feet (to be consistent
with the C-O, C-1, C-2 and M-3 zone).
Remove the minimum height required for parking lot light poles (currently at 15 feet).
Additionally, if the light source is less than 50 feet from residential development, the pole
cannot exceed a height of 15 feet.
These changes were initially brought before the City Council for first reading on June 27, 2001. It
was referred to the Planning and Development Committee at the request of the BIA as one of the
changes would increase the wall height from 6 feet to 7 feet between commercial/industrial
projects and residential zones. The BIA noted that increasing wall height would not improve
buffering pointing to recent project approvals by both the Council and Commission. The additional
height would also require special engineering and permits for walls above 6 feet, thereby adding to
construction delays and costs. This was the only item of the proposed changes discussed by the
Committee.
ADMINISTRATIVE REPORT
At the Planning and Development Committee meeting held on January 26, 2005, the issue
concerning wall height was resolved by removing this item from the proposed changes, which
keeps the minimum wall height requirement in the ordinance at 6 feet. All remaining changes are
unaffected and can be recommended for adoption.
The Planning Commission reviewed and approved these changes on May 3, 2001 by a unanimous
vote. They also found that the project is exempt from the provisions of the California
Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures
in accordance with Section 15061 (b)(3) as it can be seen with certainty that there is no possibility
that the activity will have a significant affect on the environment (general rule).
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent
ITEM: I1.~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 24, 2005
APPROVED
DEPARTMENT HEAD ~
c,Ty ATTOR.EY
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-26 from an R-S-10a (Rural Suburban - 10 Acre Minimum) to R-1
(One Family Dwelling) On 20± Acres, located on the east side of Stine Road, between
Berkshi~:e Road and Hosking Road (Applicant: Brimhall Partners, Inc.). (ZC 04-1621)
0Nard 7).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On February 3, 2005 the Planning Commission adopted Resolution No. 10-05 recommending
approval of a Zone Change from an RS-10A (Rural Suburban - 10 acre minimum) zone to an R-1
(One Family Dwelling) zone on 20± acres. The zone change would allow for development of
single family homes.
At the public hearing held before the Planning Commission, no one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance
approving the zone change.
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
February 14, 2005
APPROVED
DEPARTMENT HEAD~--/~
ClTY ATTORNEY v~
CITY MANAGER ~
An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-21 from R-S-5A (Residential Suburban 5 Acres
Minimum) to M-2 (General Manufacturing) zone on approximately three acres, located at
the southeast corner of Coffee Road and Downing Road (ZC 04-1349). (Applicant: City
of Bakersfield) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on February 23, 2005.
The proposal is a change in the zoning designation from Residential Suburban-5A to General
Manufacturing zone on 3+ acres. This change will allow for the development of industrial uses
on the site. There were no agencies or public testimony in opposition to the request. The
Planning Commission conducted public hearing(s) on this Zone Change and recommended
approval to the City Council on November 3, 2004.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a negative declaration was prepared and
posted on November 1, 2004, in accordance with CEQA.
MO
Admin\mar~3-10-1349-2nd
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent
ITEM: I .~c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 23, 2005
APPROVED
DEPARTMENT HEAD ~
CITYATTORNEY /~Y~--~
CITY MANAGER ~
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 102-21 from an RS-5A (Rural Suburban - 5 acre minimum) zone to an
M-2 (G_eneral Manufacturing) zone on 7_+ acres, located on the southwest corner of Meany
Avenue and Patton Way (Applicant: Madno and Associates). (ZC 04-1430) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading was conducted on February 23, 2005.
On January 6, 2005 the Planning Commission adopted Resolution No. 4-05 recommending
approval of a Zone Change from an RS-5A (Rural Suburban - 5 acre minimum) zone to an M-2
(General Manufacturing) zone on 7_+ acres. The zone change would allow for commercial,
industrial and manufacturing uses, and is consistent with the general plan designation.
At the public hearing held before the Planning Commission, no one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance
approving the zone change.
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent
ITEM: II.9.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
February 15, 2005
APPROVED
DEPARTMENT HEAD.,,,'~---'~'
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 103-21 from a P (Parking) zone to a C-2 (Regional Commercial) zone on
7.7 acres, located on the south side of Columbus Street, and on the east side of Haley
Street (ZC 04-1473). (Applicant: Michael Dhanens) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was held on February 23, 2005.
On January 6, 2005, the Planning Commission adopted Resolution No. 5-05 recommending
approval of a Zone Change from a P (Parking) zone to a C-2 (Regional Commercial) zone on 7.7
acres. The project site represents infill development and is depicted as General Commercial on
the General Plan. The change along the street frontages would allow commercial buildings in this
area, which is similar to how other shopping centers or currently designed. The zone change is
consistent with the general plan designation.
The subject area was originally zoned P (Parking) in 1969. The project site is located within an
older commercial shopping center known as the College Center. These 52,000 square feet of new
building along Columbus Street would replace the 52,000 square feet of building area removed
during the shopping center's renovation over the last few years. The applicant also states that the
aggregate area of the buildings proposed for the project site, including the buildings along
Columbus Street would not exceed the 189,000 square feet originally constructed for the College
Center.
Staff recommends that west of the main entrance on Columbus and along Haley, the landscape
area must comply with existing ordinances and supply 10-feet of landscaping behind property line.
This will result in about 20-22 feet of landscaping behind sidewalk. Because no landscaped median
exists, staff recommends larger trees in this area. East of the Columbus Street main entrance, staff
is not requiring wider landscaping than exists due to the existing retaining walls. Larger trees will
also be required in this area
ADMINISTRATIVE REPORT Page 2
At the public hearing held before the Planning Commission, no one was in opposition to the
request and the applicant agreed to all conditions and mitigation for the project.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance approving
the zone change.
Jeng/ S:~oneChange~O4-f473~CCladmin. doc
February 15, 2005
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Consent Calendar
ITEM: i~. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Donna L. Kunz, Economic Development Director
February 28, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
Resolution approving Cultural Resource Designation and for placement on the Bakersfield
Register of Historic Places for property located at 1811 20th Street. (WARD 2)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On February 15, 2005 the Historic Preservation Commission held a public hearing for the purpose of
hearing evidence for or against the Cultural Resource Designation application submitted by Glenn
Burroughs, the property owner of 1811 20th Street. The residential home, known as the "Jastro House", is
located one block west of the Fox Theater in Downtown Bakersfield. Its odginal owner, Henry Jastro was
manager for the Kern County Land Company for over 50 years. He was also Chairman of the Kern
County Board of Supervisors from 1893 to 1916. The estimated construction date is 1875 is considered
Gothic Victorian Cottage architectural style.
The Commission unanimously approved the application for the designation as a cultural resource for
placement on the Bakersfield Register of Historic Places. No persons testified for or against the
application. The Commission found that in accordance with BMC, Section 15.72.060 - Cultural resource
and historic district designation--Criteria, the proposed cultural resource may be designated as a cultural
resource because it meets the following criteria:
· It exemplifies or reflects special elements of the city's or a community's or neighborhood's historical,
archaeological, cultural, social, economic, political, aesthetic, engineering or architectural development;
and
· It is identified with persons or events significant in local, state or national history; and
· It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable
example of the use of indigenous materials or craftsmanship; and
· Its unique location or singular physical characteristic(s) represents an established and familiar visual
feature of a neighborhood, community of the city.
In accordance with the Bakersfield Municipal Code (BMC), Historical Preservation, Chapter 15.72.120,
after the Commission has made a recommendation regarding an application for designation the Council
shall, not less than thirty days after the Commission's recommendation, shall approve or disapprove the
designation.
S:~Admins\City Council\cultural designalion 1811 20th jastro.doc
2J28/2005 2:28 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2004
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council ./APPROVED
////L
FROM: William R. Rector, Chief of Police DEPARTMENT HEAD _ ~
DATE: February 25, 2005 CITY ATTORNEY /'~
CITY MANAGER _(~
SUBJECT: Resolution authorizing the Finance Director to dispense with usual bidding procedures and
to purchase a Forensic Video Analysis System from Ocean Systems, Inc., not to exceed $43,000.00
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
On September 22, 2004 the City Council approved a spending plan for a Local Law Enforcement Block
Grant, awarded to the Bakersfield Police Department in October 2004. After the City Council approved
the spending plan, monies were appropriated in the Police Operating Budget. Among the items to be
purchased by the grant is a forensic video analysis system which incorporates AVID technology. This
system will greatly enhance the Police Department's ability to obtain evidence from video tape. The
Ocean Systems Forensic Analysis System widens the scope of viewable areas on videotape, clears up
distortion and improves our ability to obtain still photos from surveillance videos.
Ocean systems, Inc. is the exclusive vendor of the system to law enforcement agencies.
DB
February 25, 2005, 9:15AM
P:\BPD\GRANTS\L.L.E.B.G~Admin Rpt - 2004 LLEBG - AVID System.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: I
J
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution adding territory, Area 1-54 (Brimhall, Calloway SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 23, 2005 the Council adopted Resolution of Intention No. 1369 to add
territory, Area 1-54 (Brimhall, Calloway SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping for Parcel Map No. 11051. Area 1-54 is generally bounded by
Brimhall Road on the north, CaIIoway Drive on the east, a line approximately 660 feet south of Brimhall
Road on the south and a line approximately 540 feet west of Calloway Drive on the west. This area will be
under the streetscape zone of benefit and will be assigned the appropriate tier level when street
landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion 'of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
mr
MD1-54_Est
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: I1'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2005
AP~PROVED
DEPARTMENT HEAD
C.,',A rOR.EY
C 'MANAGER
Resolution adding territory, Area 1-56 (Rosedale, Froehlich SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. 0Nard 4)
RECOMMENDATION: Staff recommends adoPtion of the Resolution.
BACKGROUND: On February 23, 2005 the Council adopted Resolution of Intention No. 1373 to add
territory, Area 1-56 (Rosedale, Froehlich SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping for Tract No. 6230 Units 1 and 2. Area 1-56 is generally
bounded by Rosedale Highway on the north, Froehlich Street on the east, a line approximately 1500 feet
south of Rosedale Highway on the south and a line approximately 490 feet east of Jenkins Road on the
west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier
level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion 'of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the
subdivision map.
mr
MD1-56_Est
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: l I, I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY/J'/3~
CITY MANAGER
Resolution adding territory, Area 4-35 (Fairfax, Royal Coach 2) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Repod and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 23, 2005 the Council adopted Resolution of Intention No. 1371 to add
territory, Area 4-35 (Fairfax, Royal Coach 2), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map Waiver No. 04-1030. Area 4-35 is
generally bounded by Royal Coach Circle on the north and east, a line approximately 250 feet south of the
intersection of Royal Coach Circle and Fairfax Road on the south and Fairfax Road on the west. This
area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier
levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion' of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map waiver.
mr
MD4-35_Est
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~[,f~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY /~,,~'
CITYMANAGER
Resolution adding territory, Area 5-18 (S. Chester, Geneva SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Repeal and authorizing collection of assessments by the Kern County Tax
Collector. 0Nard 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 23, 2005 the Council adopted Resolution of Intention No. 1370 to add
territory, Area 5-18 (S. Chester, Geneva SE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for the property at 2900 S. Chester Avenue (Site
Plan Review #03-0387). Area 5-18 is generally bounded by Geneva Avenue on the north, a line
approximately 320 feet of South Chester Avenue on the east, a line approximately 120 feet south of
Geneva Avenue on the south and South Chester Avenue on the west. This area will be under the park
and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded.
mr
MD5-18_Est
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: [I,f~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 16, 2005
APPROVED
DEPARTMENT HEAD~/~b~
CITY ATTORNEY
CITY MANAGER ~D~
Resolution of Intention No. 1374 to add territory, Area 4-36 (Chester, 2nd NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of the
property at 200 Chester 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 a public park and street landscaping. Area 4-36 is generally bounded by a line
approximately 140 feet north of 2nd Street on the north, a line approximately 155 feet east of Chester
Avenue on the east, 2nd Street on the south and Chester Avenue on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion' of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded. A copy of this
covenant is attached for reference.
mr
February 18, 2005, 10:26AM
MD4-36Ri05
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 22, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Resolution of Intention No. 1375 to add territory, Area 4-37 (21st, "R" NE) to the
Consolidsted Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6168 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-37 is generally bounded by 23rd Street on the north, the
Kern Island Canal on the east, 21st Street on the south and "R" Street on the west. This area will be under
the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
February 22, 2005, 10:55AM
MD4-37Ri05
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 9, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
Golden Valley Planned Drainage Area 0Nard 7):
Resolution of Intention No. 1372 to establish the drainage plan for the Golden Valley
Planned Drainage Area and preliminarily approving the boundaries of area and the cost
and fee schedule,
Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to
Drainage Facilities. (First Reading)
Agreement withthe Kern High School Districtforreimbursementofc~t~.~ct&on a.~d.lam:l
cost for upsizi~ storm drain facilities to conform to the Golden Valley
Drainage Area, not to exceed $ 179,385.
RECOMMENDATION:
Staff recommends approval of Resolution of Intention, first reading of the ordinance, and approval of
Agreement.
BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the
area of Hosking Avenue, between South Union Avenue and east of South "H" Street. The proposed
system consists of a pipeline system that will drain water to a central basin. Portions of this system
including the basin were built during the construction of Golden Valley High School. The land for the basin
and storm drain lines required by the school were upsized to accommodate for this planned drainage area.
The idea was that the City would later reimburse the Kern High School District for the difference in cost.
The funding for the completion of this project and reimbursement would be through a Planned Drainage
Area (PDA). Future developments in this area would pay their proportionate share of the cost of this
project and allow reimbursement to the Kern High School District.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
This ordinance adds the Golden Valley Planned Drainage Area to the list of Drainage Areas for which
subdividers/developers are charged at time of development to pay the cost of constructing the planned
facilities.
February 14, 2005, 8:39AM
G:\GROUPDAT~ADMINRPT~2005\03-09\Golden Valley-Admin_Res of Int. DOC
Cv
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: I1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 23, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Tract Maps and Improvement Agreements
(1)
(2)
(3)
(4)
Final Maps and Improvement Agreements with Ennis Homes, Inc., for Tract 6056 Phases 2
and 5 Io~:ated north of Reina Road and east of Jewetta Avenue. (Ward 4)
Final Map and Improvement Agreement with McMillin Albany, LLC, for Tract 6169 Phase 8
located north of Panama Lane and east of Old River Road. (VVard 5)
Improvement Agreement with Castle & Cooke Commercial-CA., Inc., for Parcel Map 11119
Phase 1 located west of Gosford Road and north of Harris Road. (Ward 5)
Final Map and Improvement Agreements with Fairway Oaks South, L. P., for Tract 6079
Unit 2 located west of Old River Road and south of Southern Pacific Railroad Right of Way.
(Ward 5)
(5) Final Map and Improvement Agreements with J & L Gardiner, LLC, for Tract 6234 Unit 3,
located south of Reina Road and west of Old Farm Road. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
td
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
February 25, 2005, 9:32AM
G:\GROUPDA'r~ADMINRPT~2005\03-09\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
IAGENDA SECTION: Consent Calendar
ITEM: II, r.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: February 24, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Law Offices of Hanna, Brophy, MacLean, and McAleer & Jensen for
Workers ' Compensation Legal Services in the amount not to exceed $240,000 for a sixteen-
month perio, d to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In Mamh of 2004 the City Council approved an agreement with the Law Offices of Hanna, Brophy,
MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers'
compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation
claims they are able to provide a high level of expertise that is very beneficial to the City.
During the past year Hanna & Brophy has been successful in handling and concluding litigated
workers' compensation claims, which has resulted in cost and efficiency savings to the City.
Hanna & Brophy's rates of $135 per hour are the same as last year's rate and are very reasonable
relative to customary workers' compensation attorney's hourly rates. As with the prior year, the terms of
the contract provide that the City will not be billed for internal costs, such as copy charges, legal research,
or clerical time.
The proposed contract is in an amount not to exceed $240,000 and covers a sixteen-month period,
which will put the contract on a fiscal year basis in future years, to handle all of the City's workers'
compensation litigation. The prior contract amount was $180,000, but only for a one year period. This
contract amount matches the anticipated legal costs and is based on actual expenditures from the prior
period.
February 25, 2005, 2:42PM
S:\Meg~Agreements~.Attomey Services\Hanna-brophy admin rptO5.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: [I,$.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 25, 2005
APPROVED
DEPARTMENT HEAD /4;;
C TY A TORNE¥
CITY MANAGER
Agreement with outside counsel, Clifford & Brown for legal services in the matter of Grant
D. Hoffman, et al v. City of Bakersfield, et al, Kern County Superior Court Case No. S-1500-
CV-246538, SPC, in total contract amount not to exceed $75,000.
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The City acquired the services of Clifford & Brown as outside counsel in the above-entitled
wrongful death case. Briefly, this was the matter in which Mr. Hoffman, who was riding his bicycle along
Fairfax, was fatally hit from behind by an inattentive driver. As a wrongful death case, it was handled
outside the cap pursuant to the City's agreement with Clifford & Brown.
Before the matter was scheduled for trial, Plaintiff's agreed to settle the matter for $25,000. This
Agreement is to compensate Clifford & Brown for their superb handling of the matter over the past twelve
months. The total cost of legal services (which includes City experts and other pro-trial costs) is expected
to be under $70,000, so approval of this Agreement in an amount not to exceed $75,000 will eliminate the
need to return to Council for approval.
GG:dll
S:\COUNCIL~dmin$/04-95 Ad min s~Att y Retain erAg r.C,& B.HoE'man (~ot
Februa~ 25, 2005, 11:04AM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~[.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 25, 2005
APPROVED
DEPARTMENT HEAD
CITY MANAGER ~T~
SUBJECT: Agreement to approve assignment of lease from Paul Bealessio to Dr. Richard Parrot of City
owned real property located 1100 Coffee Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway project. The City acquired
several properties located near the intersection of Coffee Road and Brimhall Road from Caltrans who had
previously acquired these properties for the Parkway project. Prior to transferring the properties to the
City, Caltrans leased one of the properties, at the southeast corner of Brimhall and Coffee Roads, to Paul
Bealessio, to operate Las Palmas Nursery. This was done to prevent illegal dumping and provide land
maintenance while the properties are being held for construction. The lease requires that any assignment
be approved in advance by the City as Lessor. In accordance with the lease and as a condition of the sale
of the nursery Paul Bealessio has requested the City to approve the transfer of the lease to Dr. Richard
Parrot. Dr. Parrot has sold his dental practice to his partner and is retiring. Under the terms of the
purchase agreement Dr. Parrot will be given complete training by the present owners and all key
employees have agreed to continue with the business after the sale.
February 25, 2005, 9:40AM
P:\MyFiles~Admin Reports\WSP Las Palmas assignment,doc
DMNs
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
TEM:
II.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 23, 2005
APPROVED
DEPARTMENT HEAD ..~ ,.~ ~--
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Hi Standard Automotive $52,574.20 for Lightbars and Sirens for Police
Vehicles (new and existing).
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighteen (18) vendors. Four (4) complete bids were
received, as follows:
Hi Standard Automotive
1110 West Barkley Avenue
Orange, CA 92868
Emergency Vehicle Solutions Incorporated
3559 Haven Avenue
Menlo Park, CA 94025
AIIstar Fire Equipment Incorporated
12328 Lower Azusa Road
Arcadia, CA 91006
Galls
8841 Clairemont Mesa Boulevard
San Diego, CA 92123
in the amount of
in the amount of
in the amount of
in the amount of
$52,574.20
$54,233.94
$63,081.93
$68,911.50
Purchasing Division
KB:Ijm
P:~ADMIN~2005 ADMIN\C05_0309_A_Lightbars & Sirens.doc
February 24, 2005, 10:09AM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
ITEM: [[.~.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ,,,'~c-~ ~'~---
DATE: February 25, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Jim Alfter, Cement Contractor, not to exceed the
budgeted amount of $220,000.00. for canal liner repair.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract is used to repair concrete portions of the City's carrier and river canals.
Invitations to bid were sent to six (6) vendors. Three (3) bids were received. The lowest bid was
submitted by the current supplier, Jim Alfter, Cement Contractor. Details of the unit prices for each item
are shown on the attached spreadsheet.
Purchasing Division
KS:ljm
P:~ADMIN~O05 ADMIN\C05_0309_C_AC Canal Liner Repair.doc
February 25, 2005, 11:56AM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent Calendar
TEM: I{.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 25, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bids from Sunrise Lighting Systems (137 items $74,098.06) and Quattro Lighting
Incorporated (137 items $72,584.66) for Decorative Park Lighting fixtures and poles for the
32 Acre- Park. Total $146,682.72
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to twelve (12) vendors. Five (5) bids were received. In
order to get the best price, staff recommends the award be split as follows (spreadsheet attached):
Sunrise Lighting Systems
360 West Bedford Avenue #116
Fresno, CA 93711
Quattro Lighting Incorporated
640 Curb-Boivin
Boisbriand, QC, CA J7G-2A7
(poles) in the amount of $74,098.06
(fixtures) in the amount of $72,584.66
Purchasing Division
KB:Ijm
P:~ADMIN~2005 ADMIN\C05_0309_B_Decorative Park Lighting,doc
February 25, 2005, 11:58AM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Consent calendar
ITEM: il.X,
TO: Honorable Mayor and City Council APP,.ROVED
FROM: Raul M. Rojas, Public Works Department DEPARTMENT HEAD (?/1/~..~
DATE: February 18, 2005 CITY ATTORNEY ///'~'
CITY MANAGER ~
SUBJECT:
Appropriate and transfer $150,000 General Fund balance to the Equipment Management
Fund Public Works Department's operating budget to purchase two aerial lift trucks for the
Traffic Signal Maintenance program.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: The Public Works Department is implementing a "Right Sizing" plan for the
General Services Division to reallocate their staff resources to more critical areas. The plan is based on a
review of their staffing needs and opportunities created due to several position vacancies. It converts a
vacant Maintenance Supervisor position and two vacant custodial/building maintenance positions to an
Electrical Technician I and two Traffic Signal Technicians. The plan improves staffing levels for the Traffic
Signal and Street Light Section to address growth and other service demand issues with resources from
existing positions of a lower priority. The on-going funding of these positions will be from existing
resources, and the only additional expense would involve the transfer and appropriation of $150,000 of
General Fund Balance to the Public Works Equipment Management Fund Budget for the initial purchase
of two aerial lift trucks for the two Traffic Signal Technicians.
This Administrative Report appropriates the funds needed to purchase the two aerial lift trucks.
February 18, 2005, 4:50PM
G:~GROUPDA'nADMINRP'r~2005~03-09\General Svcs Rightsizing Plan.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2005
AGENDA SECTION: Consent Calendar
TEM: I~.~.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
SUBJECT:
Alan Tandy, City Manager
February 25,2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Contribution from Shell Oil Products U.S. for Special Public Safety and creation
Programs
1) Appropriate $5,000.00 to the General Fund Fire Department Operating Budget for
the publication of water safety brochures;
2) Appropriate $4,623.00 to the General Fund Recreation and Parks Operating Budget
for a sports program for underprivileged youth.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Shell Oil Products U.S. approached staff with an offer to support a community service project in
Bakersfield, to be administered by the City. Staff was requested by Shell to submit two projects for
consideration. Since the City has reduced or eliminated numerous community-oriented programs, due to
budget cut backs, staff submitted two projects which fell under that category, a sports program for under
privileged youth and a public safety brochure, specifically focused on water safety. Shell approved
funding for both programs and presented two checks in the amounts of $4,623.00 for the youth sports
program and $5,000.00 for the water safety brochure.
The youth sports program will be administered by Recreation and Parks staff and will allow for Dr. Martin
Luther King, Jr. Center and the Bakersfield Police Activities League (PAL) to offer youth programs in
football, basketball, and softball. The funding from Shell will provide uniforms and equipment for the
participants.
The public safety education brochure will be coordinated by the Fire Department, in collaboration with
Recreation and Parks staff. The funding will cover the costs to publish a brochure based on water, pool,
canal, and river safety. The brochures will be distributed during educational presentations at local
schools, fairs, station tours, etc.
Both projects are currently in the planning stages, and staff will now move forward to implement them with
the funding that has been made available by Shell Oil Products U.S.
February 25, 2005, 11:57AM
ShellCom m unityCont ribution
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kurtz, Economic Development Director DEPARTMENT HEAD ~.~.
DATE: February 28, 2005 CITY ATTORNEY / /,~
CITY MANAGER ~
SUBJECT: Historic Preservation Commission 2003/2004 Fiscal Year Annual Report. (All Wards)
RECOMMENDATION:
Staff recommends acceptance of report.
BACKGROUND:
The Historic Preservation Ordinance requires the Historic Preservation Commission to prepare an annual
report to the Mayor and City Council on Commission activities. This annual report covers fiscal year
2003/2004. During the last year, the Commission participated in a variety of activities promoting historic
preservation in Bakersfield.
It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected
Chairman in July 2004.
S:V~,dmins\City Council\HPC ann report.doc ;
2/28/2005 3:07 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD //~
DATE: February 28, 2005 CITY ATTORNEY /~<~
c TY MANAGER
SUBJECT:
City Policy Regarding Maintenance of Sidewalks.
RECOMMENDATION:
Staff recommends referral to the Planning and Development Committee.
BACKGROUND:
Recently, the City of San Jose's sidewalk maintenance ordinance was upheld by the
California Court of Appeal. Other cities throughout California have passed similar ordinances
which hold property owners, whose property fronts on city sidewalks, responsible for injuries to
users of the sidewalk.
While the City of Bakersfield does not have such an ordinance, an old policy passed in
1995 is in need of revision. That policy outlined a program for identifying sidewalks in need of
repair and made references to the height of the alleged defect (i.e., 1 to 2 inches or greater). The
law has changed since the passage of the policy, and sidewalks are now determined to be
defective or dangerous based on the totality of circumstances surrounding each instance.
Therefore, the City's sidewalk policy needs to be revised in order to be in line with current
law. It is recommended that this matter be referred to the Planning and Development Committee
for review of the policy, as well as possible consideration of an ordinance similar to San Jose's.
February 28, 2005, 1:43PM
S:\COU NClL~Admins\04-05 Admins\SidewalkPolicyAdm,doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Hearings
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
January 20, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITYMANAGER
General Plan Amendment/Zone Chanqe No. 03-0746 (Ward 3)
Mclntosh & Associates, on behalf of Mountain View Bravo, LLC has proposed a general plan
amendment and zone change generally north of Highway 178 east of Masterson Street (City in the
Hills) on 41.3 acres.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change the land use designation from GC (General Commercial) to LR (Low Density
Residential) on 1602 acres and HR (High Density Residential) on 6.01 acres, HMR (High
Medium Residential) to GC on 11.81 acres, LR to GC on 7.20 acres, and LR to HR on 0.26
acres.
First reading of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 104-17, 104-18, 104-19, and 104-20, to change the
zoning from Co2 (Regional Commercial) to R-1 (One Family Dwelling) on 16.02 acres and
R-3 (Limited Multiple-Family Dwelling) on 6.01 acres, R-2 to C-2 on 11.81 acres, R-1 to C-2
on 7.20 acres, and R-1 to R-3 on 0.26 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
This proposal changes a variety of land use designations setting the stage for final development.
Five years ago the City in the Hills project was approved, and there have been a few adjustments to
the original concept as more precise development plans have evolved. This is typical of any large
scale development project. The various changes are listed below:
1.)
2.)
3.)
Reduce the existing GC/C~2 by 3.02 acres.
Reduce the existing HMR/R-2 by 11.81 acres
Increase the existing LR/R-1 by 8.56 acres.
ADMINISTRATIVE REPORT Page 2
4.)
5.)
6.)
Reduce the number of single family lots from 2,750 to 2,070.
Reduce the number of multiple-family residential units from 1,300 to 735.
Reduce the commercial GLFA (Gross Leaseable Floor Area) from 1,048,706 square feet
to 1,015,706 square feet.
The approval for City in the Hills in 2000 did not establish or require a certain number of
residential units or commercial gross leaseable floor area, except for the requirement that the
R-3 zone be limited to twenty (20) dwelling units per net acre. The purpose of the proposal is to
facilitate the circulation changes that were recently approved for City in the Hills (GPA 04-0878
- see Exhibit "3(a)" and Exhibit "3(b)". Also the intent is to accommodate the street and lot
design of several tracts within the project area, including park size and location. The proposed
limitations will ensure the project does not generate new environmental impacts. Mitigation
measures will be implemented as conditions of approval and apply to the entire City in the Hills
project area (see Condition Nos. 5, 6, & 7 in Exhibit 4). All of the existing conditions of approval
and mitigation measures adopted for City in the Hills in 2000 will still be applicable to the entire
City in the Hills. project area.
No issues were raised at the Planning Commission by agencies, city staff or the general public.
MG
Admin\mar~3~9-0746
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Hearings
ITEM: I~.. b.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services DEPARTMENT HEAD ~-~
DATE: March 1, 2005 CITY' ATTORNEY
CITY MANAGER
SUBJECT:
General Plan Amendment/Zone Chan,qe 04-0867. (Ward 7).
Porter-Robertson E. ngineering, on behalf of Jon Balfanz Et. Al., the property owner, has proposed a
general plan amendment and zone change request on 11.05 acres, located west of State Highway 99,
generally south of Hosking Avenue.
Resolution approving the Negative Declaration and adopting the general plan amendment and
changing the land use designation from LR (Low Density Residential) to GC (General Commercial)
on 4.03 acres from GC to LR on 7.02 acres.
First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-36 from R-1 (One Family Dwelling) to C-1 (Neighborhood
Commercial) on 4.03 acres and from C-1 to R-1 on 7.02 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
The purpose of the request is to allow for the future expansion of the Hosking/State Highway 99
Interchange. The City is anticipating the development of a 'full' Interchange and the requirement
for additional right-of-way acquisition looks eminent along Hosking Avenue. The future acquisition
will reduce the commercial area that exists at the site and therefore, the property owner requested
the reconfiguration of the commercial and residential designations south of Hosking Avenue, west
of SR-99. The land use designations for the area will remain similar to what they currently are and
the proposal will permit the development of single family dwellings and other uses on the site.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change and recommended City Council approval on December 9, 2004. There were no agencies
or the public in opposition to the request.
ADMINISTRATIVE REPORT Page 2
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on October
27, 2004, in accordance with CEQA.
MO
Admin\mai53-9-0867
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
February 4, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY//~~
CITY MANAGER ~
General Plan Amendment/Zone Change 04-1322 (Ward 7)
Susan Lucas, property owner, has proposed a general plan amendment and zone change on 14.95
acres, located north of Hosking Avenue, generally west of State Route 99~
Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from LMR (Low Medium Density Residential) and
LR (Low Density Residential) to GC (General Commercial).
First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to C-2 (Regional
Commercial) zone.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
The basis for this request is the future expansion of the Hosking/State Highway 99 Interchange.
The City is anticipating the development of a 'full' Interchange and the requirement for additional
right-of-way acquisition is eminent along Hosking Avenue. The future acquisition will reduce the
site and therefore, the property owner requested additional commercial north of Hosking Avenue,
west of SR-99. A commercial site at this location could serve the surrounding residential
neighborhoods and the traveling public. There were no agencies or public testimony in opposition
to the request.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change and recommended approval to the City Council on December 9, 2004. Staff conducted an
initial study and it was determined that the project would not have a significant effect on the
environment. Therefore, a negative declaration was prepared and posted on November 1, 2004, in
accordance with CEQA.
MO
Admin\mar~3-9-1322
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Hearings
ITEM: I~.(~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
March 1, 2005
APPROVED
DEPARTMENTHEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe No. 04-1334 (Ward 5)
The Lusich Company, Inc., on behalf of Antongiovani, et al, has proposed a general plan
amendment and zone change on 95.94 acres located on the south side of Panama Lane, east and
west of Old River Road. The proposal includes annexation to the City of Bakersfield and
cancellation of a Williamson Act Contract for 80.11 acres.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential).
First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 123-29 and 123-30, from A (Agricultural) to R-1 (One
Family Dwelling).
Resolution approving the Negative Declaration and approving the cancellation of a
Williamson Act Contract for 80.11 gross acres.
RECOMMENDATION:
Staff recommends adoption of resolutions, approving the Negative Declaration, approving the
general plan amendment, cancellation of the Williamson Act Contract and first reading of the
ordinance.
BACKGROUND:
The applicant is proposing residential development on 95.94 acres located on the south side of
Panama Lane, east and west of Old River Road. The project site is also proposed for
annexation to the City of Bakersfield and the applicant is requesting cancellation of a Williamson
Act contract for the western 80.11 acres of the project site.
The 95.94 acre project site contains an 80.11 acre Williamson Act Contact west of Old River Road.
A notice of non-renewal has been filed with the County of Kern on October 17, 2003, and July 6,
2004. The applicant has requested cancellation of the "contract" which can be accomplished by
ADMINISTRATIVE REPORT Page 2
paying the cancellation fee to the County Treasurer as deferred taxes. The Kern County Assessor
has reported that the cancellation fee total is $290,399.00.
The agricultural conversion study recommended that a "Neighboring Business Activity
Statement" be included on all final maps to notice potential buyers of adjacent and nearby
agricultural operations. The proposed condition is as follows:
"Nei.qhborinq Business Activity Statement: The County of Kern encourages operation of
properly conducted business in agricultural, oil, mining, manufacturing, and other
nonresidential operations within the County. If the property you are purchasing is located
near these businesses, you may be subject to inconveniences or discomforts arising from
such operations to the extent allowed by law. This notice does not waive your legal rights."
The proposal provides a logical extension for residential development in the City of Bakersfield.
The project site is located within the new Sphere of Influence Boundary. The Metropolitan
Bakersfield General Plan encourages the orderly outward expansion of new urban development that
maintains continuity of existing development and allows incremental expansion of infrastructure and
public services. The project site has direct access to an existing Arterial (Panama Lane). Water and
sewer service is available to the project site. The city builds on about this much acreage every 30
days. The conversion of the project site from agriculture to urbanization is supported by the
analysis prepared for the project and the policies of the Metropolitan Bakersfield General Plan.
The Planning Commission conducted a public hearing on December 9, 2004 for this general plan
amendment and zone change and recommended City Council approval. There were no comments
from the public.
MG
Admin\mar~3-9-1334
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Hearings
ITEM: i~,. ~,,,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
February 4, 2005
APPROVEq
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chan.qe 03-1345 (Ward # 4)
Max P. Bacerra and Associates, on behalf of Rogelio Tolentino, has proposed a general plan
amendment and zone change on 18.64 acres located along the nor/heast corner of Old Farm Road
(extended) and Noriega Road.
Resolution approving the Negative Declaration and adopting the general plan amendment
to change land use designations from R-IA (Resource-Intensive Agriculture) to LMR (Low
Medium Density Residential) on 13.64 acres and to GC (General Commercial) on five
acres.
First reading of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-13 changing the zoning from A-20A (Agriculture-
20 Acre Minimum) to R-1 (One Family Dwelling) on 13~64 acres and to C-2 (Regional
Commercial) on five acres.
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
Applicant proposes 75 single-family dwellings on the LMR (Low Medium Density Residential) site
and 1,000 square feet of gross leaseable area on the GC site.
The Planning Commission conducted public hearings on December 6 and 9, 2004 on this General
Plan Amendment/Zone Change 03-1345 and recommended City Council approval. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission. All services are available.
RED
MEETING DATE: March 9, 2005
ADMINISTRATIVE REPORT
~ AGENDA SECTION: Hearings
ITEM: Ig-.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services
March 1, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
General Plan Amendment/Zone Chanqe 04-1346 (Ward # 6 upon annexation)
Mclntosh & Associates, on behalf of Workman Brothers, has proposed a general plan amendment,
zone change at~d annexation of 30 acres located along the north side of Taft Highway/State Route-
119 approximately 2,000 feet east of Ashe Road and 2,300 feet west of Stine Road.
Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designations from RR (Rural Residential) to LR (Low Density
Residential).
First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-34 from A (Exclusive Agriculture) to R-1 (One-
Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Negative Declaration, approving the
General Plan Amendment and first reading of the ordinance.
BACKGROUND:
Applicant requested LR (Low Density Residential) which is consistent with the requested R-1
zoning district. This proposal includes annexation to the City of Bakersfield. Applicant proposes
118 single-family dwellings on the LR (Low Density Residential) site. The LR land use designation
allows less than or equal to 7.26 dwelling units per net acre and the R-1 (One-Family Dwelling)
zone limits on-site development to single-family dwellings and a 6,000 square foot minimum lot
size with a maximum of 7.26 units per net acre~
The Planning Commission conducted public hearings on December 16, 2004 on this General Plan
Amendment/Zone Change 04-1346 and recommended City Council approval. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission.
RED
Admin\3-9-1346
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005 AGENDA SECTION: Hearings
ITEM: I~ ,(:;L ·
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
March 3, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment/Zone Change 04-0815, appealed. (VVard 4).
Porter-Robertson Engineering, on behalf of James Etcheverry, ET. AL. has applied for a general plan
amendment and zbne change on 82.5 acres, located north of Snow Road, generally between Allen
Road and Calloway Drive. McMillin Homes has appealed the Planning Commission decision to deny
the proposal.
1. Resolution approving the Negative Declaration and adopting the requested general plan
amendment from SR (Suburban Residential) to LR (Low Density Residential).
First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling).
RECOMMENDATION:
Staff recommends this project be deferred until the Council hearings on the next general plan
amendments in August.
BACKGROUND:
Porter-Robertson Engineering is requesting this case be taken out of this general plan amendment
"cycle" and be considered by Council with the next set of general plan amendments in late
summer.
This request was received too late to modify the agenda or renotice the public and there may be
people attending this meeting with the intent to speak. All persons and agencies will be renoticed
when this project is rescheduled to be heard by the City Council.
The proposal is to amend both the general plan and zoning to allow the development of single
family dwellings on lots with a minimum size of 6,000 square feet. After considerable public
debate, the Planning Commission recommended denial of the case.
There are two basic issues regarding this proposal, compatibility with the existing neighborhood
and mineral rights access.
ADMINISTRATIVE REPORT Page2
The adjacent neighborhood was generally supportive of the request with a tier of ½ acre lots
between this new proposal and the existing neighborhood. Two other possible measures to
possibly "buffer" the two developments were discarded as impracticable. One of these measures
was a wall not on the project site which may have been impossible for the applicant to construct.
The other measure was a multi-purpose trail which connected the existing neighborhood to a canal
to the east. This was dropped as it was very unlikely the canal operator would open the canal
right-of-way for use by the general public.
The mineral rights owner (Crimson Resource Management) expressed concerns regarding the
mineral extraction operations in the general area and on the project site. There are only three
wells on the 82.5 acre site. The City of Bakersfield Subdivision Ordinance provides various
methods for providing mineral owners rights to access at the time of subdivision. Our ordinance
has been called a "model" of how to address mineral rights extraction by the Department of Oil Gas
and Geothermal Resources.
Despite considerable experience with literally dozens of subdivisions where this specific issue was
addressed by this Commission, some Commissioners were mistakenly under the impression the
issue needed resolving at the general plan stage. Staff pointed out that attempting to address
mineral rights issues at the general plan stage is an error, inconsistent with local ordinance and
past practice.
Commissioner Ellison and Joseph Austin, from the Department of Oil Gas and Geothermal
Resources, wanted drilling islands set aside for "conservation purposes." Commissioner Ellison
voted against this project and the adjacent project fronting Snow Road on the grounds that these
projects "are a gateway to converting agricultural land and an oilfield." The area is designated for
residential development in the Metropolitan Bakersfield General Plan. Residential development
does not preclude mineral resource extraction. Several existing residential developments have
been built within active oil fields, like Seven Oaks West, the Seasons and the Olive Drive area.
Hopefully, postponement of the case will result in clarification of the mineral extraction access
issue between the property owner and the mineral rights owner. Staff will continue to clarify the
development process to those Commissioners still confused regarding the appropriate time an
issue is "ripe" for resolution.
MG:pjt
Admin\mar\3-9-0815
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Reports
TEM: I~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
February 28, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Naming of Park at Stockdale Highway & Buena Vista Road (Ward 4)
RECOMMENDATION: Committee recommends acceptance of report.
BACKGROUND:
On February 28, 2005, the Community Services Committee considered a proposal to name the newest
city park located near the intersection of Stockdale Highway & Buena Vista Road, which is now under
construction.
David Couch, Councilmember Ward 4, in whose ward the park resides, has been working with developer,
Castle & Cooke, and the Kern River Parkway Committee to choose an acceptable name. The name that
was recommended to the committee by Councilmember Couch is "The Park at Riverwalk."
The committee voted unanimously in favor of the name and is recommending approval by the full City
Council.
March 1,2005, 1:25PM
C:\Documents and Settings~achriste\Desktop'marning of park-stockdale&buena vista admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 9, 2005
AGENDA SECTION: Reports
ITEM: J ...~. CL.
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager
February 28, 2005
Fiscal Year 2004-05 Budget Report
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Transfer and appropriate $1,776,000 General Fund balance to the Equipment Management
Fund, 'Public Works operating budget for police, streets, graffiti, parks and code
enforcement vehicles and capital equipment.
RECOMMENDATION:
Staff recommends approval of transfer and appropriation.
BACKGROUND:
In the City Manager's budget message it was indicated there was a possibility City revenues could
gradually rebound in steps if the state left us alone. Staff has been closely monitoring major financial
trends and we have been continuing on that track.
In October staff presented the first phase of budget restoration actions which the City Council approved.
At that time, we had positive news for both Sales Tax and Property Tax. Sales Tax numbers received in
October indicated a more positive trend than anticipated in the budget assumptions. Staff adjusted our
sales tax estimates somewhat conservatively up from 4% to 6%. Staff adjusted Property Tax revenue
estimates in October upward from 4% to 10% reflect a higher amount than originally estimated based
upon this positive trend and preliminary assessed value information.
Based on this information, on October 10, 2004, staff recommended and Council approved a transfer of
$3,575,000 to address the city's worker's compensation liability; funding of $1,500,000 to departmental
operating budgets which restored 24 General Fund positions; funding for temporary parks maintenance
personnel and outside legal services; the transfer of $280,350 in one-time monies to the Equipment Fund
for acquisition of vehicles necessary for the restored positions in the Police Department; and the transfer
of $1,500,000 in Transient Occupancy Fund monies to the Capital Outlay fund for street maintenance.
In addition to the above budget adjustments, the Council established a policy to set aside future one-time
eligible monies as a priority for Street Maintenance as they become available. Subsequent to that action
the Council authorized the sale of the City's VLF Gap Loan receivable, where proceeds from the sale of
March 1, 2005, 11:19AM
S:~JOHN\FY 2004-05 Budget Report Admin 3-9-05.doc
Page I
ADMINISTRATIVE REPORT
approximately $4 million will be used for additional street resurfacing projects, pending the sale of bonds
issued by California Communities the purchaser of the receivable.
Staff has continued to monitor our financial situation and is returning for another update to the Council.
In developing revenue estimates for the upcoming 2005-06 budget, the positive financial trends previously
noted appear to be continuing. Projected estimates for this years cash balance, sales tax, property tax,
and T.O.T. revenues are all up. It appears there will be sufficient funds to restore approximately
$3,276,000 in one-time costs and $3,654,857 in ongoing costs for staffing and staffing related capital costs
in the upcoming FY 2005-06 budget.
Staff is currently developing the proposed FY 2005-06 budget with specific detailed position restoration
recommendations. These restoration recommendations in the upcoming budget are intended to address
council priority areas such as public safety (restoring some police officer and fire department positions),
street resurfacing (providing for additional street materials and restoration of staffing for street resurfacing
and repairs), graffiti (adding 2 graffiti trucks and crews), park and landscape maintenance (restoring
permanent and temporary employees for park and landscape maintenance), and code enforcement
(restoring staff). These budget recommendations for staffing will in some cases also attempt to address
some of the impacts of community growth on service levels depending on our revenue and budgetary
constraints. The actual number and distribution of positions will not be certain until the budget process
has been concluded. However, it is likely based on current information and trends that we can achieve a
significant level of restoration relative to where we were several years ago before the State capture of our
revenues.
In order to facilitate the timely implementation of these anticipated budget proposals, staff will proceed
now with the advertising and recruitment of positions. The final number of positions to be recruited will be
subject to late adjustment and refinement in the budget process but staff will initiate action based on 18
positions for the Police Department; 3 positions for the Fire Department; 11 positions for Public Works
Department (Streets and Grafitti); 10 positions for Recreation and Parks Department (Parks) and 3
positions for Development Services Department (Code Enforcement). This would allow positions to be
filled immediately once the budget is adopted and the Fiscal Year begins July 1, 2005. Staff will proceed
with the understanding that the permanent positions would not be hired until the budget has been adopted.
Additionally, staff will be immediately hiring additional temporary employees including 10 Service
Maintenance Workers in the Street Division, 5 Laborers in the Parks Division, and 1 Code Enforcement
Officer in order to address current workload backlogs in those divisions and until the permanent positions
proposed for the 2005-06 budget in those divisions can be filled.
Staff is also requesting approval to transfer funds to the equipment fund to purchase vehicles and
equipment totaling $1,776,000 now, that will be needed for the additional positions should they be
approved in the upcoming budget. This includes 18 police cars (including radios and computers); 1 Roller
Steel Heavy Duty; 1 Roller Pneumatic; 2 3/4 Ton Pick-up Trucks; 2 - 18 Cylinder Dump Trucks; 1 graffiti
truck; 1 tilt-bed truck; 3 Pick-up trucks with trailers; and 1 small boom truck. Purchasing vehicles now
would accelerate our ability to get employees into the field as soon as possible once the budget has been
approved. The actual vehicles purchased may also be subject to adjustment at bid award time due to
budgetary changes. If for some reason the positions are not approved the vehicles would not be
purchased (since the purchasing process takes several months to complete, and the actual purchase most
likely would occur after the budget is adopted in most cases) or if purchased now (using existing bids
which could save both time and money) would be used to reduce the number needed due to scheduled
replacement for our existing fleet.
March 1, 2005, 11:19AM
S:~JOHN\FY 2004-05 Budget Report Admin 3-9-05.doc
Page 2
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 23, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson (seated at 5:18
p.m.), Benham, Couch, Hanson, Sullivan
(5:17), Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
Closed Session pursuant to Government Code
Section 54957.6; Conference with Labor
Negotiator William Avery.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to
subdivision (a) of Government Code Section
54956.9; Bakersfield Fireman Labor
Organization v. City, et al.
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:16 p. tn.
Motion by Councilmember Maggard to adjourn from
Closed Session at 6:34 p.m.
ACTIONTAKEN
REMOVED BY
STAFF
APPROVED
APPROVED
LEGAL
Bakersfield, California, February 23, 2005 - Page 2
RECONVENED MEETING - 6:40 p.m.
ACTION TAKEN
4. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent: None.
INVOCATION by Reverend Dr. Gregory C. Horn,
Westminster Presbyterian Chumh.
PLEDGE OF ALLEGIANCE by Arianna O'Neil, 1st Grade
Student at Franklin Elementary School.
Mayor Hall recognized Bakersfield College political
science students, Ridgeview High School students
and Boy Scout Troop 217 in attendance at the
meeting.
CLOSED SESSION ACTION
a. Closed Session pursuant to Government Code
Section 54957.6; Conference with Labor
Negotiator William Avery.
NEGOTIATOR GIVEN
DIRECTION
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9; Bakersfield
Fireman Labor Organization v. City, et al.
REMOVED
8. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to
representatives from 6 local Rotary Clubs,
proclaiming February 23, 2005, as Rotary
International Day.
Nell Walker accepted on behalf of all the Rotary
Clubs.
Presentation by Mayor Hall of Proclamation to Arin
D. Resnick, Race Director of Golden Empire Race
Management, proclaiming March 11-13, 2005, as
17 Annual Keyesville Classic Weekend.
Arin Resnick accepted the presentation and made
comments.
10.
Bakersfield, California, February 23, 2005 - Page 3
PRESENTATIONS continued
ACTION TAKEN
Presentation by Vice - Mayor Maggard of Council
Proclamation to Allen Newsom in recognition of his
generous donation for the Specific Parks and Trails
Plan for Northeast Bakersfield.
Mr. Newsom accepted the Proclamation and made
comments.
PUBLIC STATEMENTS
Glenn Taplin spoke regarding sidewalks in
Southeast Bakersfield.
Wilton Smith spoke regarding the plight of the
homeless.
Ray Garcia spoke regarding vandalism, graffiti and
police response times in the Fairfax and Westholme
areas.
Councilmember Maggard requested staff contact Mr.
Garcia and provide resource information and arrange a
Neighborhood Watch meeting to encourage residents
to be proactive in maintaining their quality of life.
CONSENT CALENDAR
Minutes:
Approval of minutes of the February 9, 2005 Council
Meeting.
Payments:
Approval of department payments from January 28,
2005 to February 10, 2005 in the amount of
$7,694,579.83 and self insurance payments from
January 28, 2005 to February 10, 2005 in the
amount of $32'1,303.26.
10.
Bakersfield, California, February 23, 2005 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
First Reading of Ordinance adopting the Negative
Declaration and Title 17 of the Municipal Code and
Zoning Map No. 102-21 from R-S-5A (Residential
Suburban - 5 acre minimum) to M-2 (General
Manufacturing) zone on approximately three acres,
located at the southeast corner of Coffee Road and
Downing Road. (ZC03-1349) (Applicant: City of
Bakersfield)
FR
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-21 from an RS-5A
(Rural Suburban - 5 acre minimum) zone to an
M-2 (General Manufacturing) zone on 7+ acres,
located on the southwest corner of Meany Avenue
and Patton Way. (Applicant: Marino and Associates)
(ZC04-1430)
FR
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 103-21 from a P
(Parking) zone to a C-2 (Regional Commercial)
zone on 7.7 acres, located on the south side of
Columbus Street, and on the east side of Haley
Street. (Applicant: Michael Dhanens) (ZC04-1473)
FR
Resolutions:
Resolution revising route and boundaries to
previously approved Expansion No. 20 of the
Southeast Metropolitan Bakersfield Enterprise Zone.
RES03~05
g. Sewer Connection Fee Assessment:
Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
RES 037-05
Agreement with Kuldip S. and Avtar K.
Sidhu, 1804 Faxon Avenue, to pay sewer
connection fee in installments and notice of
special assessment lien.
AGRO~067
10.
Bakersfield, California, February 23, 2005 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Resolution adding territory, Area 1-47 (Jewetta, Rio
Bravo Canal SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
RES 038-05
Resolution of Intention No. 1369 to add territory,
Area 1-54 (Brimhall, Calloway SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving
Public Works Director's Report.
ROI 1369
Resolution of Intention No. 1370 to add territory,
Area 5-18 (S. Chester, Geneva SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
REMOVED FOR
SEPARATE
CONSIDERATION
Resolution of Intention No. 1371 to add territory,
Area 4-35 (Fairfax, Royal Coach 2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Resolution of Intention No. 1373 to add territory,
Area 1-56 (Rosedale, Froelich SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROI 1371
ROI 1373
Changes to Salary Schedule and Revised Job
Specification:
Amendment No. 15 to Resolution No. 122-01
approving Memorandum of Understanding
for employees of the General Supervisory,
Police Supervisory and Management Units;
and adopting salary schedule and related
benefits for Engineering Technician II.
RES 122-01(t5)
2. Revised job specification for Finance
Director.
10.
Bakersfield, California, February 23, 2005 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Agreements:
n. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with
Pulte Home Corporation, for Tract
6149 Phase 3 located south of State Route
178 and west of Miramonte Drive.
AGR 05-068
Final Map and Improvement Agreement with
Lennar Homes of California, Inc., for Tract
6177 Unit 2 located north of Hosking Avenue
and east of South H Street.
A GR 05-069
Final Map and Improvement Agreement with
GMAC Model Home Finance, Inc. and
Lennar Homes of California, Inc., for Tract
6156 Unit 5 located south of Pacheco Road
and east of Buena Vista Road.
AGR05-O~
Final Map and Improvement Agreement with
Bakersfield Land Development, LLC, for
Tract 6061 Phase 3 located north of Reina
Road and east of Allen Road.
AGR 05-071
AGR 05-072
Final Maps and Improvement Agreements
with J & L Gardiner, LLC, for Tract 6234 Unit
1, located south of Reina Road and west of
Old Farm Road.
AGR05-O~
AGR05-O~
Final Maps and Improvement Agreements
with Ennis Homes, Inc., for Tract 6165 Unit 1
located south of Harris Road and east
of Akers Road.
AGR05-O~
Agreement with Froehlich, Inc. ($150,000.00) to
purchase real property located east of Jenkins Road
and north of Brimhall Road for a water well site.
AGR 05-076
DEED 6199
Agreement with KB Home Greater Los Angeles, Inc.
($140,000.00) to purchase real property located
west of Stine Road and north of Ryzona Drive for a
water well site.
AGR 05-077
DEED 6200
Agreement with C. A. K. Farms, Inc. to lease City
owned real property for farming operations located
at the northwest corner of Bear Mountain Boulevard
and Fairfax for one (1) year.
AGR 05-078
10.
Bakersfield, California, February 23, 2005 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Master Agreement with LAFCO for future
annexation indemnity agreements.
AGR 05-079
Agreement with Tite Enterprises ($30,000.00) to
provide operated specialized equipment for the
removal of hyacinths and tulle from City water
facilities.
AGR 05-080
Agreement with Marderosian, Runyon, Cercone,
Lehman & Armo (not to exceed $45,000.00) for
outside legal services in the matter of Bakersfield
Fireman's Labor Organization v. City.
AGR 05-08'1
Amendment No. I to Agreement No. CA04-042 with
Marderosian, Runyon, Cemone, Lehman & Armo
($50,000.00, total contract not to exceed
$75,000.00)for outside legal services in the matter
of Gary Willis v. City, et al.
Amendment No. 1 to Agreement No. 02-361 with
San Joaquin Fence & Supply to extend the term of
the agreement for a two month period with no
increase in compensation.
AGR CA04-042(I)
AGR 02-361(f)
Amendment No. 1 to Agreement No. 04-097/RA-005
with Bakersfield Redevelopment Agency for use of
Community Development Block Grant Funds for the
Old Town Kern-Mixed Use Project.
A GR 04-097/RA-005(~)
Amendment No. 1 to Agreement No. 04-041 with
Wilson & Associates (not to exceed $150,000.00)
to provide specialized assessment engineering
service for various assessment districts.
AGR 04-041('1)
Bids:
Reject bids for construction of trunk sewer
replacement along Planz Road.
Miscellaneous:
Revised job specification for Network Systems
Technician.
aa.
Proposed HOME and Redevelopment Housing Set-
Aside Funded Down Payment Programs and
-Guidelines.
Appropriate $210,000.00 Park Improvement Fund
Balance to reimburse Stonecreek Partners, Inc. for
Phase II of Stonecreek Park.
10.
Bakersfield, California, February 23, 2005 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
CC.
Appropriate $60,000.00 fund balance to the
Southeast Redevelopment Project Area Capital
Improvement Budget for the acquisition of property
located at 15th and S Streets. (City Place Village-
Mixed Use Project)
dd.
Appropriate $3,000.00 Pacific Gas and Electric
grant funds to the Old Town Kern-Pioneer Operating
Budget for small business workshops and
counseling by the Small Business Development
Center.
ee,
Acceptance of Audit Reports for Fiscal Year ended
June 30, 2004:
Comprehensive Annual Financial Report
(CAFR).
Independent Auditors Report - Single Audit
Report - Schedule of Federal Expenditures.
Independent Auditors Report - Compliance
with contractual compliance relative to the
Bakersfield Subregional Wastewater
Management Plan.
Independent Auditors Report -
Appropriations Limit Worksheet (GANN
Limit).
Independent Auditors Report - Bakersfield
Centennial Garden, Convention Center
& Ice Sports Center.
Commercial Refuse Compactor Service Levels:
Addition of two (2) Heavy Equipment
Operator positions within the Refuse
Enterprise Operation for two (2) added
refuse collection routes.
Appropriate $68,992.00 additional revenue
to the Public Works operating budget in
the Refuse Fund for staff and related
equipment operating costs for the remainder
of 2004-05 fiscal year.
10.
11.
12.
Bakersfield, California, February 23, 2005 - Page 9
CONSENT CALENDAR continued
Item 10.ff. continued
ACTION TAKEN
Transfer and appropriate $240,000.00 Refuse Fund
balance to the Public Works operating budget in the
Equipment Management Fund to purchase two (2)
additional roll off refuse trucks.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items fO.a. through lO. ff. with the removal of
item lO.j. for separate consideration.
APPROVED
j. Resolution of Intention No. 1370 to add territory, ROI 1370
Area 5-18 (S. Chester, Geneva SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Motion by Councilmember Carson to approved item
oj.
APPROVED
CONSENTCALENDARHEARINGS
a. Public hearing to consider Resolution making RES 039-05
findings and updating the Capital improvement Plan
for the Metropolitan Bakersfield Habitat
Conservation Plan.
Hearing opened at 7:15 p.m.
No one spoke.
Hearing closed at 7:15 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution. APPROVED
REPORTS
Resolution adopting Council Policy on audit
reporting practices and rotation of audit firms.
RES 040-05
Finance Director Klimko made staff comments.
Motion by Vice-Mayor Maggard to adopt the Resolution. APPROVED
13.
13.
14,
Bakersfield, California, February 23, 2005 - Page 10
NEW BUSINESS
ACTION TAKEN
Resolution designating Queretaro, Mexico, as a
Sister City of the City of Bakersfield.
RES 041-05
Frank Trepichio, President of the Bakersfield Sister
City Project Corporation and Manual Arriola made
comments regarding Queretaro.
Councilmember Sullivan requested Council be
provided additional information regarding, and maps
of, the Queretaro area.
NEW BUSINESS
b. State Route 178 Shoulder Widening Project:
Cooperative Agreement with State of
California Department of Transportation
($580,000.00) for construction of shoulder
widening on State Route 178 from
approximately Fairfax Road to the mouth of
the Kern River Canyon.
Appropriate $580,000.00 Transportation
Development Fund Balance to the Capital
Improvement Budget.
City Manager Tandy and Public Works Director
Rojas made comments; additionally Assistant
Public Works Director LaRochelle gave an overhead
presentation and provided handouts.
Motion by Vice-Mayor Maggard approve the Agreement
and appropriate funds.
APPROVED
MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner thanked Mayor Hall for his
leadership in establishing a Sister City relationship with
Queretaro Mexico; additionally for his representation
of the City at community events.
Councilmember Scrivner recognized staff on receiving the
Distinguished Budget Presentation Award from the
Government Finance Officer's Association for fiscal
year 2004/2005; additionally requested staff comment on
details of the award. City Manager Tandy responded.
14.
Bakersfield, California, February 23, 2005 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Benham thanked Public Works staff for
responding to her curb-side recycling request and
asked that the information be forwarded to the Keep
Bakersfield Beautiful Committee.
Councilmember Benham complimented staff at the
greenwaste facility and commented on
correspondence received from Guy Wilson expressing
appreciation for the staff's customer service at the site.
Councilmember Benham welcomed the invitation from
State Senator Florez to she and Councilmember Couch
to participate as members of a blue ribbon panel
addressing rail crossing safety in Kern County;
requested staffprovide a current list of rail crossings
in the City limits, indicate what maintenance is
provided at the crossings and a schedule of that
maintenance.
Councilmember Benham commented on the passing of
Mary Stinson.
Councilmember Couch requested Planning and
Development Committee review the ability of the
City to provide traffic control devices, meeting of
warrants, liabilities, interfacing of State vehicle code
and City abilities to provide related devices at railroad
crossings and make available information to he and
Councilmember Benham for use on the blue ribbon
panel.
Councilmember Couch requested the Legislation and
Litigation Committee examine the possibility of
combining the Historic Preservation Committee with
another existing Committee.
Councilmember Couch complimented the City Manger,
manager's staff and the Police Chief for formulating a plan
for imminent implementation of immediate abatement of
graffiti and aggressive apprehension of graffiti vandals;
additionally he endorsed Councilmember Benham's plan to
prosecute graffiti vandals.
Councilmember Sullivan requested staff repair the
street south of Stockdale Christian School on Marella
Way.
14.
Bakersfield, California, February 23, 2005 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan announced she had contacted
Chester Moland at Golden Empire Transit to suggest
routes in the Southwest be extended from Wible Road to
Hosking Road and was met with a favorable response.
Councilmember Sullivan made comments regarding graffiti
and suggested businesses have paint on hand to cover
graffiti immediately upon discovery.
Councilmember Sullivan welcomed soldiers, including her
granddaughter, returning to Camp Irwin from a tour of duty
in Kuwait.
Councilmember Hanson made comments regarding
unlawful signs and requested confirmation from Interim
Recreation and Parks Director Christensen that City
employees were removing signs as they are discovered.
Mr. Christensen responded.
Councilmember Hanson requested an update regarding
park equipment replacement and requested staff
provide a report on proposed park equipment
replacement in Ward 5.
Councilmember Carson reminded the community to utilize
the VictimNVitness Program and requested Chief Rector
reinforce her comments and that identities are protected.
Chief Rector responded.
Vice-Mayor Maggard expressed condolences to the Stinson
family of the death of Mary Stinson and to the Arnold
Family on the passing of Olen Arnold.
Vice-Mayor Maggard requested the Planning and
Development Committee address the lack of local
control regarding group homes when it takes up
the railroad issues.
Vice-Mayor Maggard thanked Ray Garcia for his concern
regarding his neighborhood and assured everyone graffiti
abatement is a Council priority.
Vice. Mayor Maggard requested staff aggressively
pursue avenues to control unlicensed street vendors
selling flowers.
15,
Bakersfield, California, February 23, 2005 - Page 13
ADJOURNMENT ACTION TAKEN
Mayor Hall adjourned the meeting at 8:10 p.m.
ATTEST:
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield