HomeMy WebLinkAbout07/10/2002 AGENDA PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 10, 2002
Council Cha;~be. rs, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PRE-MEETING
1. ROLL CALL
(20 rain)
(15 min)
WORKSHOP
Update on the Kern County Solid Waste Management Advisory Committee's Study
of Landfill Fees. (Raul Rojas, Public Works Director)
Demonstration of Swift Water Rescue Team Program (Battalion Chief Ken Wiggins
and Captain Tim Lynch) (Council will recess to view the demonstration, then to the
City Manager's Conference Room for the Closed Session)
CLOSED SESSION
a. Public Employee Performance Evaluation - City Attorney
Closed Session pursuant to Government Code Section 54957
REGULAR MEETING
1. INVOCATION by Pastor Pat Harreison, Harvest Christian Church
2. PLEDGE OF ALLEGIANCE by Tynon Martinez, 5"~ Grade Student, Independence Elementary
School
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
a. Presentation by Counciimember David Couch of Mayor's Proclamation to members
of Stockdale Christian School Band proclaiming July 10, 2002 as "Stockdale
Christian School Band Day".
PUBLIC STATEMENTS
APPOINTMENTS
8. CONSENT CALENDAR
(Ward 5)
(Ward 4)
(Ward 4)
(Ward 2)
Minutes:
a. June 26, 2002 Council Meeting.
Payments:
Payments from June 14, to June 27, 2002 in the amount of $5,964,405.62; and Self
Insurance payments from June 14, to June 27, 2002 in the amount of $356,361.66.
Ordinances:
Ordinance to change the zoning from A (Agriculture) to PCD (Planned Commercial
Development) Zone on 10.66 acres to allow a mini-storage facility containing
approximately 214,000 square feet in 31 buildings and a caretaker's residential unit.
(ZC 02-0169) (First reading 6/26/02)
First reading of an ordinance adopting a Negative Declaration and amending
Section 17.06.020 (Zone Map No. 102-17) of Title 17 of the Bakersfield Municipal
Code by Changing the zoning from an R-1 (One Family Dwelling) Zone to an R-2
(Limited Multiple Family Dwelling) Zone on 0.12 acres, and an R-2 (Limited Multiple
Family Dwelling) Zone to an R-1 (One Family Dwelling) Zone on 1.2 acres, located
approximately 1,000 feet north of Hageman Road, and approximately 800 feet east
of Calioway Drive File #02-0308)
Resolutions:
Resolution determining that certain equipment can only be reasonably obtained
from one vendor, L.N. Curtis & Sons, Inc. and authorizing the Finance Director to
dispense with bidding, not to exceed $356,000 for the purchase of self-contained
breathing apparatus for the Fire Department
Amendment No. 2 to Resolution No. 046-02 approving Memorandum of
Understanding for Employees of the Blue and White Collar Units and adopting
Salary Schedule and Related Benefits for Park & Landscape Designer.
Agreements:
Agreement between the City of Bakersfield, the County of Kern and the Kern
Community College District, for in-service training and instructional services at the
Olive Drive Fire Training Facility.
Agreement with Ennis Homes to purchase reat property in Tract 6056, Phase 1,
located east of Jewetta Avenue, north of Reina Road for $57,249 for a domestic
water well site.
Three-Year Lease Agreement with Century Building Associates, LLC for $95,700
annually for office space at 1600 Truxtun Avenue.
-2-
(Ward 2)
(Ward 1 )
(Ward 3)
(Ward 4)
(Ward 2)
(Ward 2)
CONSENT CALENDAR continued
j. Bakersfield Amtrak Station and Q Street Grade Separation:
Amendment No. 1 to Agreement Nos. 99-157 and 99-155 with Burlington
Northern Santa Fe for the Bakersfield Amtrak Station and Q Street Grade
Separation projects to increase total compensation by $98,932.59 to
$4,248,181.59
Appropriate $427,564 Amtrak Railway Fund Balance and $191,283 Gas Tax
Fund Balance to the Capital Improvement Budget within the respective
funds.
Amendment No. 1 to Agreement No. 01-262 with A. Phillip Randolph Community
Development Corporation, for time extension for the construction of a single family
home at 329 Clyde Street.
Contract Change Order No. 4 to Agreement No. 00-244 with Guinn Construction
Company, $17,030.24 for the Northeast Bike Path.
Contract Change Order No. 1 to Agreement No. 01-255 with Granite Construction
Company, $67,635 for construction of Bellevue Weir.
Bids:
Accept bid to award contract to Schweitzer Construction Inc. in the amount of
$225,127.75 for the construction of Wall Street Alley Improvement Project.
Accept bid to award contract to ARB, Inc. in the amount of $31,997.28 for the
installation of safety railing at smoke hatches on Centennial Garden Arena roof.
Miscellaneous:
Sale of surplus fire equipment to the California City Fire Department for $1.00.
Sale of surplus fire and computer equipment to International Development Projects
for use by the Uganda Fire Brigade in Kampala, Uganda.
Request from Kern Economic Development Corporation to provide assistance to the
City in attracting and retaining businesses in Kern County. (Refer to Budget and
Finance Committee)
Staff recommends adoption of Consent Calendar Items a. through r.
-3-
(Ward 1 )
(Ward 4)
HEARINGS
Hearing to consider a resolution increasing hangar and tie-down fees for the
Bakersfield Municipal Airport. (Staff comments by Raul Rojas, Public Works
Director)
Staff recommends adoption of the resolution.
Appeal by North Bakersfield Recreation & Park District of the Board of Zoning
Adjustment's decision to modify/add conditions as part of a compliance/revocation
review of an approved Conditional Use Permit (No. P99-0039) that allowed
construction of a 20-acre park with lighted multipurpose play fields and courts,
picnic facilities, restrooms, in-line hockey and arena soccer courts and other related
park improvements in an OS (Open Space) zone located at 11225 Brimhall Road.
(Staff comments by Stan Grady, Planning Director)
Staff recommends denial of the appeaL
10.
REPORTS
a. First reading of an ordinance amending Section 5.02.060(C) of the Bakersfield
Municipal Code relating to Business License Tax.
The Budget and Finance Committee recommends first reading of the ordinance.
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL & MAYOR STATEMENTS
14. ADJOURNMENT
S:\CounciI~AGENDA~2.002~J UL1002.wpd
July 3, 2002 (1:16pm)
Respectfully submitted,
Alan Tandy
City Manager
-4-
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
July 5, 2002
TO:
FROM:
THROUGH:
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSOI~, A~)S~ISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS - JULY 10, 2002 COUNCIL MEETING
PRE-MEETING
There are two workshops: 1) an update on the Kern County Solid Waste Management Advisory
Committee's Study of Landfill Fees by Raul Rojas, Public Works Director; and 2) a demonstration of the
Swift Water Rescue Program by the Fire Department.
There is one closed session item, which is the employee performance evaluation for the City Attorney.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 8c. Zoninq Chanqe for Mini-Stora(]e Facility. This item was first heard on June 26, 2002. Several
people spoke in opposition to the design of the project. The Council overruled the Planning
Commission's decision and allowed the entrance to be moved from Saddle Drive to White Lane. Staff
recommends adoption of the ordinance.
Item 8d. Zone Chanqe from R-1 to R-2 on .12 acres and from R-2 to R-1 on 1.2 acres located near
Haqeman Road and Calloway Drive. This zone change is to make the zoning consistent with the
subdivider's proposed lot layout. Staff recommends first reading of the ordinance.
Resolutions:
Item 8e. Purchase of Self-Contained Breathinq Apparatus (SCBA) for Fire Department. Due to
changes in standards and equipment and for compatibility reasons, all of the City's existing
SCBAs need to be replaced. A consortium of Fire Departments was formed, which enables the City to
obtain the needed equipment at a 52% discount. The Weapons of Mass Destruction Grant will fund
$116,000, and there is $240,000 budgeted in the FY 2002-03 CIP. L.N. Curtis & Sons, Inc. is the
provider of the units.
HONORABLE MAYOR AND CITY COUNCIL
JULY 5, 2002
PAGE 2
Aqreements:
Item 8i. Three year lease a(~reement for $95,700 annually for office space at 1600 Truxtun Avenue. The
M.I.S. division has grown from 8 to 27 employees in the last 10 years. The current office space of 3,800
square feet provides office space containing multiple systems and storage for equipment. The cramped
quarters make it difficult to concentrate on work and negatively affect morale. A relocation of certain
M.I.S. functions, such as G.I.S., Database Programming and Web maintenance to the Borton, Petrini and
Conron Building is proposed. Technical Support would remain in City Hall. The proposed relocation
would add approximately 5,000 square feet and would provide office space as well as a training facility
and conference room. The terms of the lease are: 3-year primary terms with 2 one-year extensions; and
lease of 5,500 rentable square feet on a full service basis with an annual rent of $95,700.
Item 8j. Amendment to Aqreement between Bakersfield Amtrak Station and Q Street Grade Separation
to increase total compensation by $98,932.59 to $4,248,181.59. Staff has worked with BNSF for over a
year to resolve issues concerning specific charges incurred by BNSF for the projects, which affected the
amount due them from the City. SNSF staff has indicated a cumulative payment of $4,248,181.59 would
be an acceptable amount and City staff concurs. To date, the City has paid $3,629,335.91, which leaves
an unpaid balance of $618,845.68. Currently there is approximately $428,000 remaining in the Amtrak
Railway Fund that is available for this final payment. The remaining amount needed is recommended to
be funded with Gas Tax Funds.
Bids:
Item 8n. Construction of Wall Street Alley Improvement Project. This project is the direct result of the
Downtown Charrette, which identified projects to help beautify downtown. It is being funded jointly by
Community Development Block Grant (CDBG) funds and CIP funds. Two (2) acceptable bids were
received. Staff recommends award to Schweitzer Construction, Inc. in the amount of $225,127.75.
Miscellaneous:
Item 8p. Sale of surplus Fire equipment to the California City Fire Department. The California City Fire
Department does not have an air compressor to fill their SCBA bottles and must travel to Bakersfield to
accomplish this. The City has a surplus compressor of minimal value, which is to be sold for $1.
Item 8q. Sale of surplus Fire and computer equipment to International Development Projects (a non-
profit organization) for use by the Uqanda Fire Briqade in Kampala, Uqanda. The Uganda Fire Brigade
is very ill-equipped. The City has surplus Fire and MIS equipment of minimal value (90 used computers
and 50 used monitors), which are to be sold for $1.
Item 8r. Request from Kern Economic Develooment Corporation (KEDC) to provide assistance in
attractina and retainina businesses. The current one-year agreement with KEDC expired June 30,
2002. They have requested continued funding. Due to budget constraints and questions about services
provided by KEDC, staff recommends this request be referred to the Budget and Finance Committee for
review.
HONORABLE MAYOR AND CITY COUNCIL
JULY 5, 2002
PAGE 3
HEARINGS
Item 9a. Hanqar and tie-down fees for the Bakersfield Municipal Airport. The last rate increase for
Airport fees was done 10 years ago. Rates increases are recommended to ensure operating revenues
recover operating costs. These rates are consistent with rates charged at nearby airports.
Item 9b. Appeal by North Bakersfield Recreation & Park District of the Board of Zoning Adiustment's
decision to modify/add conditions for Liberty Park. This appeal by the North Bakersfield Recreation
and Park District is in regard to a decision by the BZA to modify/add conditions as part of a
compliance/revocation review of an approved Conditional Use Permit for Liberty Park. At the
BZA hearing, concerns were expressed by residents who objected to the field lights at the park.
These complaints related to light standard location, light standard height and proximity to the
residential property line and light brightness. The Recreation and Park District (NOR) is
appealing the decision on the basis that the BZA does not have jurisdiction to conduct a
compliance review given NOR's compliance with the Conditional Use Permit; there was
insufficient factual and legal basis for the finding of a public nuisance; the BZA's decision is an
unconstitutional taking without just compensation; and NOR did not accept certain modified
conditions of approval which were not related to the alleged noncompliance. Staff has provided
responses to each of the items as stated by NOR in their appeal within the administrative report.
Based upon the BZA's findings and conditions included in the resolution, staff recommends the
appeal be denied.
REPORTS
Item 10a. First readinq of an ordinance reqardinq the Business License Tax. This item was referred to
the Budget and Finance Committee on September 5, 2001. The Committee and staff subsequently
met several times with the Bakersfield Association of Realtors, Kern County Apartment Owners
Association and the Bakersfield Chamber of Commerce to clarify this issue and address their
concerns. Staff explained this is not a new tax, rather it recognizes certain rental property ownership
as an investment consistent with IRS regulations. A compromise was reached that those who claim
their real estate investment as a passive activity under Section 469 of the Internal Revenue Code
would be exempt from business license tax. The application form was revised as a means to claim the
exemption. The Budget and Finance Committee recommends first reading of the ordinance.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
Administrative Report
MEETING DATE: July 10, 2002
AGENDA SECTION: Workshop
ITEM: 2.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas. Public Works Director DEPARTMENT HEA~/~.~f .~'~
CITY ATI'ORNF_~~
DATE: June 28, 2002
CITY MANAGER ~
SUBJECT:
Update on the Kern County Solid Waste Management Advisory Committee's Study
of Landfill Fees.
RECOMMENDATION:
BACKGROUND:
Public Works staff will give a brief update on the Kern County Sotid Waste Management Advisory
Committee's Study of Landfill Fees.
SMP
June 28, 2002, 1:49 PM
G:\GROUPDAT~ADMINRPT~.002~-Iu110\KERN COUNTY SWMAC'S STUDY OF LANDFILL FEES.doc
ADMINISTRATIVE REPORT
l MEETING DATE: July 10, 2002 I AGENDA SECTION: Workshop
J_ITEM: 2.b.
TO:
FROM:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
APPROVED
DEPARTMENT HEA~
DATE: July 1,2002
CITY ATTORNEY n/a
CITY, HANAGER ~
SUBJECT: Workshop:
Demonstration of Swift Water Rescue Team Program (Battalion Chief Ken Wiggins and Captain
Tim Lynch)
RECOMMENDATION:
BACKGROUND: Introduction will be by Fire Chief Ron Fraze
kec
p:~Admin Report\Swift Water Rescue Team Worskhop.doc
7/1/2002
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002
IAGENDA SECTION: Closed Session
ITEM: 3.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
June 13, 2002
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY ~'~'~'~
ClTY MANAGER
SUBJECT: Public Employee Performance Evaluation -- City Attorney
Closed session pursuant to Government Code section 54957
RECOMMENDATION:
BACKGROUND:
BJT:lsc
June 13, 2002, 11:18am
ADMINIST TIVE
REPORT
IMEETING DATE: July 10, 2002
AGENDA SECTION: Presentations
ITEM: $.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
June 28, 2002
DEPARTMENT HEAD
C TYATFORNEY
ClTY MANAGER
ED
Presentation by Councilmember David Couch of Mayor's Proclamation to members of
Stockdale Christian School Band proclaiming July 10, 2002, as "Stockdale Christian School
Band Day".
RECOMMENDATION:
BACKGROUND:
June 28, 2002, 12:15pm
ADMINISTRATIVE REPORT
-"~'G DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
June 28, 2002
Minutes of the Council Meeting June 26, 2002.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY N~
ClTY MANAGER ~'~
RECOMMENDA~ON:
BACKGROUND:
bz
S:\Council',admins~002~lU L 1002.wpd
June 281 2002, 1:53pm
ADMINISTRATIVE
REPORT
IMEETING DATE: July 10, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 28, 2002
APPROVED
DEPARTMENT HEAD~
ClTY ATTORNEY'~7~'
CITY MANAGER(~
SUBJECT: Approval of department payments from June 14, 2002 to June 27, 2002 in the amount
of $5,964,405.62 and self insurance payments from June 14, 2002 to June 27, 2002
in the amount of $356,361.66.
RECOMMENDATION: Staff recommends approval of payments totaling $6,320,767.28.
BACKGROUND:
S:\KIMG\FORMS & LABLES\ADMIN- AP.DOC
ldg
ADMINISTRATIVE
REPORT
JMEETING DATE:
July 10, 2002
AGENDA SECTION: Consent:
ITEM: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 27, 2002
APPROVED
DEPARTMENT HEAD..~--~,~/~
ClTYATFORNEY ~
ClTY MANAGER (~
A request to change the zoning from A (Agriculture) to PCD (Planned Commercial DevelOpment)
zone on 10.66 acres to allow a mini-storage facility containing approximately 214,000 square feet
in 31 buildings and a caretaker's residential unit. (ZC 02-0169) (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On June 26, 2002, the City Council conducted first reading of this ordinance.
On May 16, 2002, the Planning Commission adopted Resolution No.46-02 recommending adoption of the
ordinance approving Zone Change No. 02-0169. Jim Marino, representing Derrel's Mini-Storage, Inc. (property
owner), has applied to change the zoning on 10.66 acres from A (Agriculture) to PCD (Planned Commercial
Development). The proposal is to allow a mini-storage facility with a caretakers' residential unit/office.
The General Plan designation of the site is GC (General Commercial), which permits a wide variety of retail and
service facilities. The mini-storage facility is consistent with the General Plan designation of the site.
Mini-storage facilities are listed as conditional within C-2 and less restrictive zones, therefore, in accordance with
BMC Section 17.54.020 B.1., this proposed mini-storage facility was approved by the Planning Commission as
a conditional use. As a conditional use, the rights granted are subject to review and revocation if the use and/or
activity are found to be in violation of the conditions of approval.
The mini-storage buildings are proposed to have earth-toned colored stucco exteriors. The entire perimeter of
the facility will be enclosed within formed walls with stucco finishes. Landscaping exists along White Lane and
Saddle Drive which is currently being maintained by the City Recreation and Parks Department. The applicant
proposes to improve the site with a water fountain and extensive new landscaping along White Lane and Saddle
Drive (approximately 20 feet in width on both streets) and has indicated that where feasible, the existing trees will
be incorporated into the landscape design of the site.
June 28, 2002, 8:37am/S:~oneChangeXO2-O169X2nd admin.wpd
ADMINISTRATIVE REPORT Page 2
The Planing Commission, after consideration of the concerns of neighboring residents and information provided
by staff, approved access to the mini-storage facility off of Saddle Ddve, but conditioned the project to require that
traffic generated by the use would not be capable of turning left into the residential subdivision, and required that
the developer replace existing Tevis Ranch signage with new signs located at the southwest comer of White Lane
and Saddle Drive.
Conditions of approval for the project include recommendations that require providing parking within the interior
of the facility during auctions, require that retention of existing trees be made a priority of the project, prohibit
outdoor exterior audio equipment and require Planning Director approvaJ of a lighting plan for the project.
At the Council headng on June 26, 2002, several people from the adjacent neighborhood spoke in opposition to
the design of this proposal. The primary concern of those voicing opposition was the entrance off of Saddle Drive.
The City Council overruled the Planning Commission decision to allow the entrance to the facility off of Saddle
Ddve, moving the entrance to White Lane, requiring the developer to construct right turn deceleration lanes into
the facility and onto Old River Road and a left-turn "worm" into the facility. The City Council also added conditions
to ensure that security cameras at the facility would not invade the privacy of the adjacent residences.
June 28, 2002, 8:37am]S;~,eacCha~gc~02-0169~2,nd admi~,wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: July 10, 2002
AGENDA SECTION: Consent
ITEM: 8. d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
June 20, 2002
.~~1~ VED
DEPARTMEN~
An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 102-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from
an R-1 (One Family Dwelling) Zone to an R-2 (Limited Multiple Family Dwelling) Zone on 0.12
Acres, and an R-2 (Limited Multiple Family Dwelling) Zone to an R-1 (One Family Dwelling)
Zone on 1.2 acres generally located approximately 1,000 feet north of Hageman Road, and
approximately 800 feet east of Calloway Drive (File # 02-0308) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On June 6, 2002, the Planning Commission recommended approval of the proposed zone change.
The purpose of the proposed zone change is to slightly adjust the zone boundary line to conform to
the lot lines of proposed Vesting Tentative Tract Map 6107.
The change consists of the following:
· From an R-1 (One Family Dwelling) to an R-2 (Limited Multiple Family Dwelling) on 0.12 acres;
and
· From an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) on 1.2
acres.
The existing zone boundaries were determined by previous property owners. Based on the
subdivider's proposed lot layout and street design, the existing zone boundaries would traverse
through the portions of several lots. Good planning practices would dictate the zone boundaries
match lot lines.
The proposed zone change is consistent with the land use densities allowed by the RiverLakes Ranch
Specific Plan. The density for the Low Density Residential designation allows up to 7,26 dwelling units
per net acre and the Low Medium Residential Density allows up to 10 dwelling units per net acre.
June 20, 2002, 11:37arn
ADMINISTRATIVE REPORT Page 2
The location of the zone boundary adjustment is in the vicinity of Lots 43-44, and 90-95 in Phase 1
of VTM 6107. Vesting Tentative Tract Map 6107 was approved by the Planning Commission on June
6, 2002 and consists of 201 lots on 61.68 acres for purposes of single family development. Typical
lot size is 65 feet wide by 130 feet deep (8,450 square feet). The subdivision is proposed as a private
gated development in which the common areas such as the internal streets and landscaping lots are
to be maintained by a homeowners association. Access to the site is from the northerly extension of
Drakes Passage Way from Hageman Road, and an entrance off Calloway Drive across from
Cheyenne Drive.
JE
(adm in~uly\7-10-0308
June 20, 2002, 11:37am
ADMINISTRATIVE REPORT
MEETING DATE: July t0, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
July 1, 2002
APPROVED
DEPARTMENT HEADC'"~
CITY ATTORNEY ~
ClTy I,IANA6ER ~
Purchase of self-contained breathing apparatus for the Fire Department. Resolution
determining that certain equipment can only be reasonably obtained from one vendor, L.N.
Curtis & Sons, Inc, and authorizing the Finance Director to dispense with bidding not to
exceed $356,000.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Fire Department needs to replace the SCBA's (self-contained breathing apparatus).
NFPA has revised regulations for the SCBA's; therefore, repair parts on our current model are available for
a limited time. We must replace our entire stock of SCBA's. We cannot have some old models and some
new due to compatibility.
SCBA's are part of the life-safety equipment needed by a firefighter. It provides breathing air, a
communication system, and a warning buzzer if a firefighter has been injured and has failed to move for
more than a minute.
L.N. Curtis & Son's, Inc., is the provider of Survivair SCBA's in California. We need approximately 160
SCBA units, parts, masks, and cylinders. Many Fire Departments formed a consortium and as part of the
consortium, we will receive a 52% discount on the purchase. The City's Weapons of Mass Destruction
Grant will fund $116,000 and the City has budgeted $240,000 in the 2002-2003 CIP.
Kec
P:~A, dmin Repo~t\self-contained breathing apparatus.doc
7/2/2002
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council . t~,//
Carroll Hayden, Human Resources Manager~ DEPARTMENT HEAD
June 24, 2002
CITY ATTORNEY
ClTY MANAGER
APPROVED
Change to Salary Schedule
Amendment No. 2 to Resolution No. 046-02 Approving Memorandum of
Understanding for Employees of the Blue and White Collar Units and Adopting
Salary Schedule and Related Benefits for Park & Landscape Designer
RECOMMENDATION: Staff recommends adoption of the resolution.
BACKGROUND:
Raul Rojas, Public Works Director has requested a review of the Park & Landscape Designer position. His
request is based upon the artistic skills required of the position and for the interaction with the City
Manager, citizen groups on community-wide projects and Council committees. This work requires talented
artistic and creative designs and a good deal of independent judgment and ability to capture ideas and bring
them to life. It has been determined that the salary range should be increased. This new level would be
equivalent to the Supervisor II.
CCAPE concurs with the proposed recommendation.
ADMINISTRATIVE REPORT
l MEETING DATE: July 10, 2002 J AGENDA SECTION: Consent Calendar J
ITEM: 8.g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor an~ City Council
Ron Fraze, Fire Chief
July 1, 2002
APPROVED
DEPARTMENTHEADC~'/~
CITY ATTORNEY ~ ,~. _~'~
ClTY HANAGER- ~
Agreement for in-service training and instructional services at the Olive Ddve Fire Training
Facility between the City of Bakersfield, the County of Kern, and the Kern Community
College District.
RECOMMENDATION: Staff recommends approval of agreement
BACKGROUND: The Bakersfield Fire Department and the Kern County Fire Department operate a joint
training facility for the education and training of fire department personnel. The Olive Drive Fire Training
Facility is utilized by both departments to train recruit academies, deliver in-service training, and many
specialized courses, Le., hazardous materials courses and technical rescue classes. All in-service
training, as well as, these specialized courses is given college credit through Bakersfield College.
Bakersfield College supports the Olive Drive Fire Training Facility by providing funding utilized for
instructor/course fees plus some administrative support. The Public Service Agreement outlines
budgetary and administrative procedures associated with the "Fire Technology" budget managed by the
Fire Technology Committee.
P:~Admin Report\Olive Drive Fire Training Facility agreement.doc
7/2/2002
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8oh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 21, 2002
APPROVED
DEPARTMENT HEAD .~/Z
CITY MANAGER
SUBJECT:
Agreement with Ennis Homes to purchase real property in tract 6056, phase 1 located east of
Jewetta Avenue, North of Reina Road for $57,249 for a domestic water well site. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Water Resources Division is acquiring a water well site to provide domestic drinking
water for homes currently being constructed in the area. The water well site contains approximately 12,002
square feet. The owner, Ennis Homes will be responsible for all off-site improvements as set out in the
purchase agreement. The purchase price of $57,249 is based on an appraisal by Michael C. Burger, MAI an
independent fee appraiser and is consistent with sales of comparable properties in the area.
On May 16, 2002 the Planning Commission found the acquisition of this property consistent with the
Metropolitan Bakersfield 2010 General Plan.
June 21, 2002, 3:59pm
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
June 28, 2002
APPROVED
DEPARTMENT H EAD.~/./~
CITY ATTO~E~
CITY MANAGER
Three-year lease agreement with Century Building Associates, LLC for $95,700.00
annually for office space at 1600 Truxtun Avenue. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The MI.S. division is responsible for technical support of all City computer systems. There are over
700 personal computers in all offices of city government as well as a central Midrange AS400 system
and 25 servers in the City Hall Computer Facility. In addition to the support of the networked
personal computers the City also has a centralized Geographic Information Systems division, Web
support team and Database Analysts which maintain and supports all city departments' G.I.S. needs.
In the past 10 years the M.I.S. staff has grown from 8 employees to 27. The amount of space
currently allotted to the division in the basement of City Hall is 3,800 square feet. This space is
shared by 27 employees, computer facilities, storage for delivery and setup of new equipment a~ weJl
as hallways etc. There has been some expansion of offices in the basement of City Hall where all
employees currently are working, however the space for employees is much less than necessary for
the technical type of tasks being performed in the current office space. An example would be that
there are 7 people sharing a room that is 400 sq. feet where new computers are unboxed and set up
for installation and deployment to other departments. Another example would be a group of 4 G.I.S.
technicians that share a space of 224 square feet. These cramped quarters make it extremely difficult
for employees to concentrate on their work without interruptions that affect the entire group and has
an extremely negative effect on morale.
This proposed relocation would add approximately 5,000 usable square feet to the divisions space
and would provide office space for 12 (or roughly hal0 of the current staff as well as a training facility
and conference room. In this proposal, the G.I.S., Database Programming and Web functions would
be relocated thus providing the needed space for the Technical services section which would remain
in the basement of City Hall where the servers are located.
The terms of the lease are: 3 year primary term with 2 one-year extensions; the City will be leasing
approximately 5,500 rentable square feet on a full service basis with an annual rent of $95,700.00.
ADMINISTRATIVE
MEETING DATE: July 10, 2002
REPORT
IAGENDA SECTION: Consent Calendar
ITEM: 8.,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 2, 2002
APPROVED
DEPARTMENT HEAD (//~ -
CITY ATTO R N E Y,...//~'-~')~'z-''--
CITY MANAGER ,'~'~
Bakersfield Amtrak Station and Q Street Grade Separation (Ward 2):
Amendment No. 1 to Agreements No. 99-157 and 99-155 with Burlington Northern
Santa Fe for the Bakersfield Amtrak Station and Q Street Grade Separation projects
to increase total compensation by $98,932.59 to $4,248,181.59.
Appropriate $427,564 Amtrak Railway Fund balance and $191,283 Gas Tax
Fund balance to the Capital Improvement Budget within the respective
Funds.
RECOMMENDATION:
Staff recommends approval of amendment and appropriations.
BACKGROUND: City has entered into 5 separate agreements with Burlington Northern Santa Fe
(BNSF) railroad for the Bakersfield Amtrak Station and Q Street Grade Separation Projects. Two of these
agreements deal with the financial obligations of each party (Agreement No. 99-157 and 99-155). These
2 agreements are the only ones included on this Administrative Report since the amendment only deals
with financial issues. Staff has worked with BNSF for over a year to resolve issues concerning specific
charges incurred by BNSF for the projects which affected the amount due them from the City. Although
progress had been made on some issues, several concerns remain unresolved. BNSF staff has indicated
a cumulative payment of $4,248,181.59 from the City would close out both agreements. Based upon work
performed, it is staff's recommendation that this offer be accepted. To date, the City has paid
$3,629,335.91 for these projects. This leaves an unpaid balance of $618,845.68.
Currently, the City has approximately $428K remaining in the Amtrak Railway Fund that is available for this
final payment. The remaining amount needed to make the final payment (approximately $191K) is
recommended to be funded with Gas Tax Funds.
AR
G:\GROUPDAT~,DMINRPT~2002~Ju110\BNSF.wpd
July 3, 2002, 8:18am
ADMiNiSTRATiVE REPORT
MEETING DATE: July 10, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.k.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
July 1, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER ~'~'~
SUBJECT:
Amendment No. 1 to Agreement No. 1-262 for time extension with A. Phillip Randolph
Community Development Corporation for the construction of a single family home at 329
Clyde Street. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
At the November 14, 2001 City Council meeting, Agreement no. 01-262 was approved with A. Phillip
Randolph Community Development Corporation to grant surplus property located at 329 Clyde Street and
to provide $6,000 of HOME Investment Partnership Program funds to assist in paying for the permit fees
related to the construction of a single-family home. According to the original agreement APRCDC was to
complete the construction of the Clyde Street home by June 12, 2002. However, because of several
delays outside the control of APRCDC, they have asked to extend the completion date an additional 12
weeks from June 12, 2002 to October 2, 2002. Staff agrees with the extension request.
All other conditions of the original agreements are still required of APRCDC pursuant to the HOME
guidelines.
APRCDC is combining resources with Vision Homes, O.H. Dean Family Enterprises, Inc. and MDF
Construction Management in the construction of the affordable single-family home. APRCDC will draw on
the years of construction experience provided by it's partners, which include projects located in the Cedar
Crest and Almond Tree housing development in Bakersfield as well as current construction on Potomac
Street in southeast Bakersfield. APRCDC has also been certified as a Community Housing Development
Organization.
S:~Admins\City Council~a phillip randolph amend 1 .doc
7/1/2002 2:58 PM
ADMINISTRATIVE REPORT
IMEETING DATE: July 31,2002
IAGENDA SECTION: Consent Calendar
ITEM: 8."1.
AP~.~VED
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
FROM: Raul M. Rojas Public Works Director .~,?./jj~
CITY ATTORNEY
DATE: July 1, 2002
CITY MANAGER _
SUBJECT:
Contract Change Order No. 4, $17,030.24 to Agreement No. 00-244 with Guinn
Construction Company for the Northeast Bike Path (Ward 3)
RECOMMENDATION: Staff recommends approval of the Contract Change Order.
BACKGROUND: This Contract Change Order provides for adjusting the price of asphalt concrete and
trucking. This is necessary because the construction by California Water Service Company of facilities
adjacent to the Northeast Bike Path for the north east water treatment plant took much longer than
expected thereby delaying the work of the Bike Path contractor. During this period of delay, the price of
oil and trucking increased resulting in increased costs to the Bike Path contractor. The needed price
adjustment for the above mentioned items totals $11,528.92. California Water Service has agreed to
reimburse the City for this cost increase because of the delay caused by their construction.
This Contract Change Order also provides for repairing a large failed area of roadway on Morning Drive
at Paladino Drive. This failure is adjacent to the new roadway on Paladino Drive and will become a
hazard if allowed to further deteriorate. The contractor has agreed to reconstruct this area of roadway
for the agreed lump sum price of $5,501.32.
RM
G :\G RO U P DA'/SAD MIN R PT~2.002~J u131~00-244 CCO 4 Nodheast Bike Path.wpd
ADMINISTRATIVE
REPORT
IMEETING DATE: July 10, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
July 1,2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Contract Change Order No. 1 ($67,635.00) to Agreement No. 01-255 With Granite
Construction Company for Construction of Bellevue Weir. (Ward 4)
RECOMMENDATION: Staff recommends approval of the Agreement.
BACKGROUND: The project is to construct the Bellevue Weir across the Kern River Channel located 800'
east of Stockdale Highway Crossing. The original wooden weir was severely damaged and eventually
washed out as a result of the flooding in 1966. During the construction phase of the project the sheet pilling
quantities were discovered to be Iow in the engineer's estimate. This change order provides for an increase
in the sheet pilling quantities from 8,154 square fee to 11,160 square feet. At the unit rate of $23 per square
foot (amount per contract) times 3,006 additional square feet is an increase to the project of $67,635. The
project is being funded by Propositions 12 and 13 Grant dollars from action previously taken by City Council
to appropriate the Grant Funds to the Water Resources CIP Budget.
Sufficient funds are available within the Water Resources CIP budget to cover the cost for this change order.
With this Change Order, the revised contract amount will be $1,365,366.00
July 1, 2002, 11:38am
S:~002 ADM RATS~JL10WT1CC
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.n~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 25, 2002
APPROVED
DEPARTMENT HEAD j/~
ClTY AI'rORNEY ..~'~'--
ClTY MANAGER _(~Ep
Accept bid to award contract to Schweitzer Construction Inc. in the amount of
$225,127.75 for the construction of Wall Street Alley Improvement Project.
(Ward 2)
RECOMMENDATION: Staff recommends approval of Iow bid and award of contract.
BACKGROUND: This project is the direct result of the Downtown Charrette which identified projects to
help beautify downtown. The Downtown Business Association identified this as their number one project
to respond to the charrette. After several designs the final concept for this project was approved in
February 2002.
This project is being funded jointly by Community Development Block Grant (CDBG) funds and CIP funds.
The Engineer's Estimate for this work is $240,695.00.
Two (2) acceptable bids were received on Tuesday, June 11, 2002, as listed below:
Schweitzer Construction Inc.
6217 Euclid Ave.
Bakersfield, CA 93308
(County)
in the amount of
$225,127.75
JTS Construction
7001 McDivitt Drive #B
Bakersfield, CA 93384
(City)
in the amount of
$348,060.06
G:\G ROUPDAT~ADMIN RPT~2002~J ul 10\Wall Street Alley Improvement Project.wpd
June 25, 2002, 9:15em
ADMINISTRATIVE
REPORT
IMEETING DATE: July 10, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 26, 2002
AP, FTROVED
DEPARTMENT HEAD ~/Y~-
CITY MANAGER ~
Accept bid to award contract to ARB, INC. in the amount of $31,997.28 for the
Installation of Safety Railing at Smoke Hatches on Centennial Garden Arena Roof.
(Ward 2)
RECOMMENDATION:
Staff recommends approval of Iow bid and award of contract.
BACKGROUND: This project will install non-slip surfacing to the roof of the Centennial Garden Arena
to allow access to the smoke hatches. In addition, steel safety railing and a safety cable will be installed
along the access. This project was requested by the Centennial Garden Arena management staff and is
budgeted in the Capital Improvement Program.
The Engineer's Estimate for this work is $40,000.
Two (2) acceptable bids were received on Tuesday, June 25, 2002, as listed below:
ARB, INC.
1500 So. Union Avenue
Bakersfield, CA 93307
(City)
Brown & Fowler
4211 Atlas Court
Bakersfield, CA 93308
(County)
in the amount of
in the amount of
$31,997.28
$34,333.00
PW_Bilr_McClure @ 3087
G:\G RO U P DAT~ADMIN R PT'~2(X)2%J ul 10\Centennial Garden Safety Railing_Jun26.wpd
ADMINISTRATIVE REPORT
I MEETING DATE: July 10, 2002 I AGENDA SECTION: Consent Calendar
I
ITEM: 8.p.
TO: Honorable Mayor and City Council APPROVED
FROM: Ron Fraze, Fire Chief DEPARTMENT HEAD~. . .
DATE: July 1, 2002 CITY ATTORNEY ~/~_/'~.
CITY 'HANAGER ' ~
SUBJECT:
Sale of Surplus Equipment to the California City Fire Department.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Bakersfield Fire Department was approached by the California City Fire
Department in regards to the'donation of a surplus air compressor which is no longer in use.
The air compressor was replaced by a new compressor which is used to fill SCBA bottles. California City
Fire Department currently does not have an air compressor to fill their SCBA bottles and must travel to
Bakersfield in order to refill their bottles.
This piece of equipment will greatly benefit the California City Fire Department in case of a major fire in
their area; they would be able to fill their own bottles instead of traveling outside their jurisdiction.
The total re-sale value of this air compressor is minimal and it is suggested this be sold to the California
City Fire Department for $1.
kec
P:~Admin Report\California City equipment sale.doc
711/2002
ADMINISTRATIVE REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
July 1, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY RANAGER ~
Sale of surplus fire and computer equipment to International Development Projects (IDP)
for use by the Uganda Fire Brigade in Kampala, Uganda.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: The Bakersfield Fire Department has developed a relationship with the Uganda Fire
Brigade in Kampala, Uganda. We have developed an exchange program with each visiting one another's
countries, sharing our training expertise and knowledge.
Uganda is a very impoverished country and the Uganda Fire Brigade is very ill-equipped. We have the
opportunity to assist them with some surplus equipment from our department and MIS. The following is a
list of the surplus equipment requested for donation/sale:
Fire Department
· 4 hose clamps
· Amkus rescue tool with spreader
· 20 nozzles
· 3 truck belts
· 11 irons
· 1 ram bar
· 5 life jackets
· lea. 6" x 5" fitting
· lea. 6,, x 21/2,,
The total re-sale value of this equipment is quite minimal.
Kec
C:\Documents and Settings\schiches\Local Settings\Temp\gwprint\Uganda equipment sale,doc
7/1/2002
ADMINISTRATIVE REPORT 2
MIS
Approximately 90 computers (IBM Pentium ranging from 167 MHz to 350 MHz)
Approximately 50 monitors (by and large 17")
The total re-sale value of this equipment is minimal.
It is requested the City sell this surplus equipment to the Country of Uganda for $1. In order to get this
surplus equipment to Uganda, a local company, IDP, will act as their agent. IDP is a 501 c (3) Non-Profit
Organization; their IDP tax identification number is 91-2051383. They will take possession of the surplus
equipment and arrange for delivery to the Uganda Fire Brigade.
C:\Documents and Settings~chiches\Local Settings\Temp\gwprint\Uganda equipment sale.doc
7/I/20023:54 PM
ADMINISTRATIVE REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.~'o
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~("~--.)
DATE: July 1, 2002 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Request from Kern Economic Development Corporation (KEDC) to provide assistance to
the City in attracting and retaining businesses in Kern County. (All Wards)
RECOMMENDATION:
Staff recommends referral to Budget and Finance Committee.
BACKGROUND:
Since formation in 1986, Kern Economic Development Corporation (KEDC) has received City financial
assistance to assist in its mission of attracting and retaining industry to Kern County.
The current one-year agreement with KEDC expired June 30, 2002. KEDC has requested continued
funding. Due to budget constraints and questions about services provided by KEDC, staff recommends
this request be referred to the Budget and Finance Committee for review.
S:~Admins\City Council~KEDC Agree to B & F.doc
7/1/2002 10:14 AM
ADMINISTRATIVE
REPORT
MEETING DATE: July 10, 2002
AGENDA SECTION: Hearings
ITEM: 9.a.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 1,2002 CITY A'I-rORNEY ,v
SUBJECT:
Hearing to consider a resolution increasing hangar and tie-down fees for the Bakersfield
Municipal Airport. (Ward 1)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges,
be adopted by ordinance or resolution following a public hearing.
The East rate increase for the Airport was done 10 years ago. Rates increases are recommended to ensure
operating revenues recover operating costs. These rates are consistent with rates charged at nearby airports.
Informational notices were mailed to current lessees at the Airport notifying them of the proposed increase
and hearing date.
BBU:
July 1, 2002, 3:06pm
G:\G ROUPDAT~DMINRPT~2002~J u110~.i~port FeelncreaseAdrnin.wpd
ADMINISTRATIVE REPORT
MEETING DATE:
July 10, 2002
IAGENDA SECTION: Hearings
ITEM NO: 9. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
June 24, 2002
DEPARTMENT~
SUBJECT: Appeal by North Bakersfield Recreation & Park District of the Board of Zoning Adjustment's
decision to modify/add conditions as part of a compliance/revocation review of an approved Conditional
Use Permit (No. P99-0039) that allowed construction of a 20-acre park with lighted multipurpose play
fields and courts, picnic facilities, restrooms, in-line hockey and arena soccer courts and other related
park improvements in an OS (Open Space) zone located at 11225 Brimhall Road. (Ward 4)
RECOMMENDATION: Staff recommends that the appeal be denied.
BACKGROUND:
On December 3, 1998, the North Bakersfield Recreation and Park District (NOR) filed an application
with the city requesting approval of a conditional use permit to allow construction of a 20-acre park
with lighted multipurpose play fields and courts, picnic facilities, restrooms, in-line hockey and arena
soccer courts, off street parking and other related park improvements. A public hearing was held on
March 9, 1999 with little public input since the adjacent area was undeveloped, and the permit was
approved by the Board of Zoning Adjustment (BZA). Subsequently, NOR took steps to grade the
site, purchase play ground equipment and play field lighting, and to otherwise develop the park site
consistent with the rights granted under the permit. Play field lights were installed around the first of
the year (2002) and were turned on January 30, 2002.
Staff began receiving complaints from nearby property owners and residents regarding the brightness
of the lights and the height of the light standards soon after the lights were initially installed and
turned on. The light standards are 70 feet in height and setback approximately 36 feet from the block
walls adjacent to single family residences. Light standards within the interior fields are 70 and 90 feet
in height. On February 19, 2002, the adjacent residents under the name Coalition Against Bright
Agonizing Lights (CABAL) filed a request with the city to initiate a public review for revocation,
addition to, or modification of conditions related to the conditional use permit. Their complaints were
related to light standard location, light standard height and proximity to the residential property line,
and light brightness.
ADMINISTRATIVE REPORT
On March 7, 2002, the Park District's lighting engineers adjusted the lights. Light measurements
taken by the lighting engineer after lights were adjusted showed that spill light along the wall on the
southern park boundary adjacent to single family residences was 0.5 vertical foot candles, while spill
light along the wall on the eastern park boundary was measured at 0.3 vertical foot candles. By
contrast, a typical commercial parking lot can range from 1.5 to 3 foot candles.
The BZA held a public hearing on April 9, 2002 where they received many concerns from neighboring
residents objecting to the field lights and their adverse effect on the neighborhood. NOR provided
verbal and written comments as to their compliance with the provisions of the permit. At the
conclusion of that testimony, the BZA closed their hearing and directed staff to prepare new
conditions related to the moving of light standards and placing limits on the time lights could be used.
They adopted a final resolution with additional conditions on May 14, 2002.
The appeal by NOR states four grounds in their objection to the BZA's decision as follows (staff's
response follows in italics):
(1)
NOR challenges the BZA's jurisdiction to conduct a compliance review hearing in light
of NOR's compliance with all conditions of approval of the CUP and with the approved
building plans for the park;
Municipal Code Section 17.64.060 H. gives authority to the BZA to revoke the rights
granted by a conditional use permit. The code states that a revocation must be for
oood cause, includinq but not limited to, the failure to comply with the conditions or
complete construction, failure to comply with any condition, or violation of the owner of
any provision of the municipal code pertaining to the premises for which the CUP was
granted. The BZA gave notice that based on significant complaints from area residents,
they would initiate a compliance review of the CUP and in addition to revocation, would
also consider modifying or adding conditions to further restrict the rights previously
granted by the CUP. Since a use that is conditional is discretionary, it is viewed as a
privilege, not a right. Therefore, the BZA has the authority to alter the rights they
granted if they are attempting to ensure the park uses are compatible with neighboring
by-right uses. Because the neighborhood had changed significantly since the BZA's
earlier approval (when there were no homes nearby), they had the right to further refine
any conditions rather than revoke a permit if those added or changed conditions could
adequately address the concerns of the neighborhood. Since the BZA has the authority
by ordinance to place conditions on any CUP as appropriate to protect the public
health, safety, convenience or welfare, added conditions allowed them to lessen
adverse impacts upon the newly developing areas.
(2)
NOR challenges the sufficiency of the BZA's findings in support of NOR's alleged
noncompliance with the conditions of approval of the CUP, including insufficient factual
and legal support for those findings, and insufficient factual and legal basis for a
purported finding of a public nuisance;
The BZA based their findings and decision on the factual evidence in the record. This
included written comments, verbal testimony at the public hearing and personal field
visits by each BZA member.
ADMINISTRATIVE REPORT ]'a e 3
(3)
The BZA's approval is an unconstitutional taking of NOR's property without just
compensation, and;
The current OS (Open Space) zoning permits NOR a number of uses by right, one of
which includes a park for passive recreational use. The conditional use permit actually
grants NOR additional rights and uses that would not be permitted by right (ie. lighted
play fields, organized sports uses, etc). The change to the project approval continues
to allow park uses that exceed what would be permitted on the property, but it just
further limits nighttime use of two play fields. Therefore, no taking has occurred since
the uses and rights allowed for this property exceed what would normally be permitted
by right.
(4)
NOR did not accept certain modified conditions of approval of the CUP, including the
adoption of certain modified conditions of approval which were not related to the
alleged noncompliance and which were not subject to any public hearing, therefore
exceeding the BZA's authority and scope of review.
Because the BZA has the authority by ordinance to place conditions on any CUP as
appropriate to protect the public health, safety, convenience or welfare, conditions may
be necessary to address adverse impacts that would be contrary to the desire of the
applicant. However, since NOR requested uses that were more intensive than those
permitted by right, the BZA can use its police powers to ensure those additional
uses/rights are compatible with the adjacent land uses. Although NOR may disagree to
the imposition of these conditions, the BZA must first be concerned about the possible
adverse effects the project may have on the area, otherwise, they would have had to
deny NOR's original request. All actions by the BZA concerning the additional
conditions were discussed during the public hearing and based on the facts in the
record which included both verbal and written testimony.
The BZA is found to be within their rights to modify the conditional use permit so that the uses
approved on NOR's property are compatible with area land uses consistent with the intent of the
zoning ordinance and the general plan. Therefore, based on the BZA's findings and conditions in the
attached resolution, staff recommends that the appeal be denied.
ADMINISTRATIVE REPORT
MEETING DATE: July 10, 2002 AGENDA SECTION: Reports
ITEM: 10.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J, Klimko, Finance Director
June 26, 2002
APPROVED
DEPARTMENT HE~
CITY ATTORNEY ~-
CITY MANAGER ~
Ordinance amending Section 5.02.060(C) of the Bakersfield Municipal Code relating to
Business License Tax (First Reading).
RECOMMENDATION: The Budget and Finance Committee recommends First Reading of the Ordinance.
BACKGROUND: On September 5, 2001 the City Council referred the issue of the applicability of
business license tax to owners who rent or lease commercial or residential property to the Budget and
Finance Committee for review and recommendation.
The committee has had numerous lengthy discussions on the issue with considerable public participation
including the Bakersfield Association of Realtors, the Kern County Apartment Owners Association and the
Bakersfield Chamber of Commerce. These organizations took the position that people own rental property
as an investment and not as a business in which they work, or if they do work in the renting/leasing or
maintenance of the property, it is on a limited basis (less than 750 hours per year). As a compromise, staff
proposed that those who claim their real estate investment as passive activity under Section 469 of the
Internal Revenue Code be exempt from business license tax, and at the Budget and Finance Committee
meeting on May 16, 2002, presented a revised business license application form (copy attached) that
provided a means to claim the exemption. After inconclusive discussion and public comment, the committee
requested staff to meet with the organizations and interested individuals to work out the details of staff's
proposal. This meeting was held on June 3, 2002. In the final analysis, it was agreed at the meeting that the
revised application form is adequate to implement the exemption.
At the June 20, 2002 Budget and Finance Committee meeting, staff reported the results of the June 3, 2002
meeting and presented an amendment to the ordinance [Municipal Code Section 5.02.060(C)] which
establishes the exemption from payment of the business license tax for carrying on a business which is
"rental real estate" as a passive activity.
The Committee, with Councilmember Maggard abstaining because of a possible conflict of interest,
approved the ordinance amendment and revised application form and requested the item be forwarded to the
Council at the July 10, 2002 meeting with the recommendation for first reading.
Attachment
S:\KIMG\BILL\ADMIN - ORDAM~END#5.060(C).DOC