HomeMy WebLinkAbout11/06/2002 AGENDA PACKET(30 min.)
BAKERSFIELD CITY COUNCIL
AGENDA MEETING
OF NOVEMBER 6, 2002
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PREMEETING
1. ROLL CALL
2. WORKSHOP
Strategic Implementation Process Update for Catholic Healthcare West,
Timothy Moran, President of Mercy - Mercy SW Hospital and Jon Van
Boening, President of Bakersfield Memorial Hospital.
3. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section
54956.9; Ochoa v. City of Bakersfield, et al; USCD Case No. CV-F-01-
5559 AWl DBL
REGULAR MEETING
INVOCATION by Robert Proctor of Southwest Christian Center
PLEDGE OF ALLEGIANCE by Erika Gibson, 8th grade Tevis Junior High School
3. ROLL CALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Michal C. Clark, Chief
Executive Officer, of Kern Regional Center proclaiming November 8,
2002, as "People First of Kern County Day."
Presentation by Fire Chief Ron Fraze acknowledging the donations of
private businesses to support the Bakersfield Fire Department Water
Rescue Team.
6. PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR
(Ward 2)
(Ward 2)
(Wards 4, 7)
Minutes:
a. Minutes of the Regular Council meeting of October 16, 2002 for approval.
Payments:
Approval of department payments from October 4, 2002 to October 24,
2002 in the amount of $9,838,800.61 and self insurance payments from
October 4, 2002 to October 24, 2002 in the amount of $245,980.76.
Ordinances:
Adoption of an Ordinance amending section 5.50.300 of the Bakersfield
Municipal Code regarding appeal of revocation or suspension of taxi
driver's permit. (First reading 10-16-02)
Ordinance amending Chapter 15.74 of the Bakersfield Municipal Code
relating to flood damage prevention. (First reading 10-16-02)
Ordinance amending Section 10.72.030 of Chapter 10.72 of the
Bakersfield Municipal Code relating to designated boundaries of the
Downtown Parking Mall. (First reading 10-16-02)
First Reading of an Ordinance repealing Chapter 2.60 of the Bakersfield
Municipal Code resulting in the disbanding of the Citizens' Community
Services Advisory Committee.
Resolutions:
Resolution of Intention No. 1284 to add territory, Area 4-24 (Baker Street)
to the Consolidated Maintenance District, preliminarily adopting,
confirming and approving Public Works Director's Report and setting time
and place for hearing protests to the proposed addition of territory.
Resolution of Application proposing proceedings for annexation of
uninhabited territory to the City of Bakersfield, property identified as
Annexation No. 438, located in two separate areas (1) at the northwest
corner of Springdale and Sunflower Way and (2) along the east side of
Allen Road, between Olive Drive and Snow Road.
Changes to Salary Schedule, Title Changes and New and Revised Job
Specifications:
Amendment No. 7 to Resolution No. 122-01 setting salaries and
related benefits for officers and employees of the General
Supervisory, Police Supervisory and Management Units and
adcpting salary schedule and related benefits for Applications
Systems Supervisor, GIS Supervisor, Technology Services
Supervisor, Assistant Director of Information Technology and
Director of Information Technology.
2
8. CONSENT CALENDAR continued
(Ward 3)
Item 8.i. continued
Amendment No. 3 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 GIS Technician, GIS Analyst, Help Desk Specialist,
Network Systems Technician, Network Systems Analyst, Network
Systems Engineer, Programmer Analyst, Webmaster, and Light
Equipment Operator - Water.
New Job Specifications: Technology Services Supervisor and
Light Equipment Operation - Water.
4. Title Changes and Revised Job Specifications:
Office System Support Assistant to Help Desk Specialist
Office Systems Technician to Network Systems Technician
Office Systems Analyst to Network Systems Analyst
Senior Office Systems Analyst to Network Systems Engineer
Information Systems Analyst (1 position) to Webmaster
Information Systems Analyst (4 positions) to Programmer Analyst
Data Processing Supervisor to Applications Systems Supervisor
Data Processing Manager to Assistant Director of information
Technology Management Information Services Director to Director
of Information Technology.
Resolution adding territory, Area 4-18 (Miramonte, 178 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 declaring the results of the Special Municipal Election, held in
the City of Bakersfield on October 8, 2002 for the Allen No. 5 Annexation,
Measure A, and declaring the territory attached to the City of Bakersfield
incorporated area.
I. Local Government Air Quality Measures
Resolution to implement Local Government Transportation
Control Measures in the Severe Area Ozone Plan for the San
Joaquin Valley.
Resolution to Implement Local Government Control Measures in
the PM-lO Plan for the San Joaquin Valley.
8. CONSENT CALENDAR continued
(Ward 4)
(Ward 7)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 3)
(Ward 7)
(Ward 4)
(Ward 4)
Agreements:
m. Tract Maps/Improvement Agreements
Finat Map and Improvement Agreement with Ennis Homes, inc.,
for Tract 6056 Phase 1 located east of Jewetta Avenue and north
of Reina Road.
Final Map and Improvement Agreements with Stuart Thomas
Incorporated, DBA Lenox Homes for Tract 6064 Phase 2 located
south of Berkshire Road and east of South H Street.
Final Map and Improvement Agreements with Communities At
River Oaks, LLC for Tract 6034 Phase 1 located south of
Stockdale Highway and west of Buena Vista Road.
Final Map and Improvement Agreement with Communities at
River Oaks, LLC for Tract 6034 Phase 2 located south of
Stockdale Highway and west of Buena Vist Road.
Final Map and Improvement Agreement with D. R. Hod:on Los
Angeles Holding Company, Inc., for Tract 6107 Phase 1 located
north of Hageman Road and east of Calloway Drive.
Final Map and Improvement Agreement with Vista Finestra I, LLC,
for Tract 5077 Phase 2 located at Vista Finestra Drive and Lene
Place north of Highway 178.
Final Map and Improvement Agreements with San Joaquin
Development Group, LLC, for Tract 5947 Phase 2 located south of
McKee Road and west of Wible Road.
Final Map and Improvement Agreement with Vista Finestra I, LLC,
for Tract 6012 Phase 1 located north of Stockdale Highway and
west of Renfro Road.
Consultant Services Agreement:
Approval of contract with Sanli Pastore & Hill for consultant
services (reimbursement for relocation of Corporation Yard) in an
amount not to exceed $50,000.
Appropriate $50,000 Equipment Management Fund Balance to
the Public Works Department's Operating Budget.
Agreement with Kyle Carter Homes Inc. to purchase real property in tract
5993, phase 4 located west of Calloway Road, south of Snow Road for
$58,000 for a domestic water well site.
4
8. CONSENT CALENDAR continued
(Ward 4)
(Ward 1)
(Ward 4)
(Wards 1,7)
(Ward 2)
Agreements for preparation of an Environmental Impact Report for
General Plan AmendmentJZone Change No. 02-0806.
Agreement with Development Resource Consultants for the
preparation of an EIR and appropriate $105,846.00 developer's
contribution to the Development Services Operating Budget in the
general fund.
Agreement with Michael Brandman Associates for $79,384.00 to
prepare an EIR for General Plan Amendment~Zone Change No.
02-0806, generally located east of Coffee Road and north of
Meany Road.
q. South Mount Vernon Recycling Center:
Contract Change Order No. 1 to Agreement No. 02-182 with
Griffith Company in the amount of $20,816.45 (for total contract
amount of $83,858.45) for the additional asphalt paving at South
Mount Vernon Recycling Center Project.
Agreement with City of California City, a municipality having tax exempt
status under the Internal Revenue Code, to purchase six (6) police
vehicles from the City for $9,000.
Agreement with North Bakersfield Recreation and Park District, a tax
exempt special district of the State of California, to purchase one (1)
surplus police vehicle from the City for $1,500.
Agreement with Riverlakes Investment Company for ditch eradication and
pipeline.
Agreement to Indemnify LAFCO for City Annexation No. 435, Proceeding
1343, uninhabited territory located in two separate areas (1) south of
State Route 58, east of Oswell Street and (2) at the northeast corner of
Wible Road and McKee Road.
Amendment No. 2 to Agreement No. 97-65 with Kern-Tech, Inc.,
regarding repayment of economic development loan.
w. 2003 Health Care Contracts
Amendment No. 10 to Agreement No. 93-267 with Blue Cross of
California Insurance for insurance for Indemnity Health and Dental
Services.
2. Amendment No. 9 to Agreement No. 93-266 with Blue
Cross/California Care Health Plans for medical services.
Amendment No. 6 to Agreement No. 96-148 with Blue Cross of
California for the Medicare Risk Plan Senior Secure.
8. CONSENT CALENDAR continued
0Nard 4)
(Ward 4)
(Ward 1)
Item 8.w. continued
4. Amendment No. 5 to Agreement No. 97-320 with Kaiser
Permanente Health Plans for medical services.
5. Amendment No. 5 to Agreement No. 97-321 with Kaiser
Permanente Health Pans for medical services for retirees.
Amendment No. 11 to Agreement No. 91-280 with Dedicated
Dental Systems, Inc., for pre-paid dental services.
Amendment No. 10 to Agreement No. 92-278 with Medical Eye
Services and Security Life Insurance Company for vision services.
Amendment No. 6 to Agreement No. 96-149 with PacifiCare Inc.
for the Medicare Risk Plan Secure Horizons for retirees.
Amendment No. 2 to Agreement No. 00-262 with Pacific Union
Dental for pre-paid dental services.
10.
Amendment No. 2 to Agreement No. 00-263 with PacifiCare
Behavioral Health of California, Inc., for Managed Mental Health
Care.
Quitclaim of canal easements from Norris School District, Donald G.
Wattenbarger and Connie R. Wattenbarger, Trustees of the Wattenbarger
Living Trust, and Tim and Sharon Banks for abandonment of canal
located near Calloway Road and Snow Road.
Quitclaim of real property interest for boundary adjustment in the River
Oaks Park Phase 3 Site, located West of South Allen Road, South of the
Kern River Channel, to Communities at River Oaks, LLC.
Memorandum of Understanding between the City of Bakersfield and the
Assistance League of Bakersfield for acquisition of the League's 13th
Street parking lot for the Aquatic Center/Ice Rink Project.
aa. Property acquisition:
1. Approve Purchase Agreement, $3,000 with Jesus Romero to
acquire real property located south of Williams Street for additional street
right-of-way to provide access to nearby residential properties.
2. Transfer of $3,500 from Council Contingency to the Non-
Departmental Budget in the General Fund for the estimated closing costs
and purchase of real property from Jesus Romero.
8, CONSENT CALENDAR continued
(Ward 2)
(Ward 4)
(Ward 6)
(Ward 1 )
(Ward 1)
(Ward ! I
Bids:
bb.
Accept bid from Coalinga Motors, Inc., $111,749.14, for seven (7) midsize
sedans for Development Services (2 replacement, 1 additional), General
Services (1 additional), Wastewater Treatment (1 additional), Fire (1
additional), and Engineering (1 additional).
CC.
Accept bid from Central Valley Truck Center, $57,945.03, for one (1)
additional Dump Truck for Public Works.
dd.
Accept bid to award contract to Graham Prewett, in the amount of
$170,000 to replace the roof on the main portion of the Police Department
Building.
ee.
Accept bid from Pursuit Technology, Inc., $74,922.12, for Vehicle
Lightbars and Miscellaneous Accessories.
Relocation of Friant Kem Canal at the Intersection of Olive Drive and
Calloway Drive.
Accept bid to award contract to Vadnais Corporation,
$3,339,244.00)
Appropriate $785,300 fund balance to the Capital Improvement
Budget and transfer $894,700 of existing Capital Improvement
Project appropriations within the Transportation Development
Fund for this Project.
gg.
Accept bid to award contract to Gantry Constructors, inc. ($1,305,700) for
the construction of Wastewater Treatment Plant #3 - 2002 Headworks
Upgrade.
hh.
Accept bid to award contract to California Electric Supply ($75,527.60) for
decorative street lights for Lakeview Avenue Streetscape.
Miscellaneous:
Approval of Community Development Block Grant CDBG) Action Plan
Amendment No. 7 (FY96/97), Amendment No. 12 (FY98/99), Amendment
No. 10 (FY99/00), Amendment No. 7 (FY00/01), Amendment No. 6
(FY01/02), and Amendment No. 2 (FY 02/03).
Appropriate $100,000 uncommitted CDBG Funds to the Economic
and Community Development, Capital Improvement Budget.
Appropriate $4,400 PG&E grant fund contributions to the Southeast
Bakersfield Redevelopment Project Area, operating budget for the
Southeast Bakersfield Business Assistance Program.
'7
8. CONSENT CALENDAR continued
0Nard 2)
kk.
Reorganization within the Solid Waste Division to change one vacant
Clerk Typist position to an Account Clerk II position.
II.
Accept Centennial Garden and Convention Center Financial Statements
for 2001-02 Fiscal Year.
mm. Revision to Conflict of Interest Code for the Metropolitan Bakersfield
Habitat Conservation Plan Implementation Trust Group.
nn.
Appropriate funds to Redevelopment Agency Capital Improvement
Budget for property acquisition for Baker Street Mixed Use Project.
Appropriate $89,000 Old Town Kern Redevelopment Area,
Housing Fund Balance to the Old Town Kern Housing Fund,
Capital Improvement Budget.
Appropriate $137,000 Old Town Kern Redevelopment Area,
Operating Fund Balance to the Old Town Kern, Capital
Improvement Budget.
Staff recommends adoption of Consent Calendar Items a. through nn.
0Nard 2)
0Nard 7)
HEARINGS
Staff comments will be given by Jack Hardisty, Development Services Director
for each hearing item.
Appeal by Bob and John Stevens of the denial of a site plan review (File
No. 02-0751) for the construction of an 8,895 square foot adult
entertainment business on a site zoned M-1 (Light Manufacturing) located
at 3900 N. Sillect Avenue.
Staff recommends adoption of the resolution upholding the decision of the
Development Se~ices Director and Planning Commission.
Continued hearing, an appeal by Stier's Leisure Vehicles, Inc. of the
Board of Zoning Adjustment's approval of a Conditional Use Permit (No.
02-660) to allow a recreational vehicle sales and service center within and
adjacent to an existing 102,492square foot vacant home improvement
building in a C-2 zone district at 6801 Colony Street.
Staff recommends adoption of the resolution upholding the' decision of the Board
of Zoning Adjustment.
(All Wards)
(Ward 3)
(Ward 4)
HEARINGS continued
General Plan Amendment P01-0102; State law requires review and
revision of the Housing Element of the Metropolitan Bakersfield 2010
General Plan by June 30, 2002; Resolution approving the Negative
Declaration, adopting the Housing Element Update and directing staff to
transmit the adopted Housing Element to the State Department of
Housing and Community Development.
Staff recommends adoption of the resolution.
General Plan AmendmentJZone Change 02-0659; Maximus III Company
and the Neighborhood Empowerment & Economic Development
(N.E.E.D.) proposed a GPA and ordinance amendment for approximately
three acres, located along the north side of W. Columbus Street,
generally west of Union Ave.
Resolution approving the Negative Declaration and adopting the
General Plan Amendment to change land use designation from
LMR (Low Medium Density Residential) to HMR (High Medium
Density Residential) on three acres.
Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 103-18 from C-1
(Neighborhood Commercial) and C-2 (Regional Commercial to R-
2 Limited Multiple Family Dwelling) on three acres.
Staff recommends adoption of the resolution adopting the Negative Declaration,
approving the General Plan Amendment and first reading of the ordinance.
e. General Plan AmendmentJZone Change 02-0609; Soper Homes. Inc.,
has proposed a GPA and ordinance amendment for approximately 20
acres, located at the southwest corner of Brimhall Road and Jenkins
Road.
Resolution approving the Negative Declaration and adopting the
General Plan Amendment to change land use designation from R-
lA (Resource-Intensive Agriculture) to SR (Suburban Residential)
on 20 acres and to amend the Circulation Element by deleting
Jenkins Road south of Brimhall Road as a collector segment.
Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-35 from A
(Agriculture to E (Estate) on 20 acres.
Staff recommends adoption of the resolution adopting the Negative Declaration,
approving the General Plan Amendment and first reading of the ordinance.
0Nard 1)
0Nard 4)
HEARINGS continued
Concurrent General Plan Amendment/Zone Change No. 02-0626;
Mclntosh and Associates has proposed to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan by changing the land
use designation from HI (Heavy Industrial) to LI (Light Industrial) on 9.93
acres and HI to HMR (High Medium Density Residential) on 18.76 acres.
The applicant has also proposed to change the zoning from M-2 (General
Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M-2
(General Manufacturing) to R-3 (Limited Multiple Family) on 18.76 acres
located adjacent on the west side of Oswell Street, south of Highway 58.
Resolution approving the amendment to the Land Use Element of
the Metropolitan Bakersfield 2010 General Plan by changing the
land use designation from HI (Heavy Industrial) to LI (Light
Industrial) on 9.93 acres and HI to HMR (High Medium Density
Residential) on 18.76 acres.
An Ordinance amending Title 17 of the Municipal Code and
Zoning Map No. 124-03 from M-2 (General Manufacturing) to M-1
(Light Manufacturing) on 9.93 acres and M-2 (General
Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres.
Staff recommends adoption of the Negative Declaration approving the General
Plan Amendment and first reading of the Ordinance.
General Plan AmendmentJZone Change 02-0616; Gregory W. Davis has
proposed a GPA from R-lA (Resource-Intensive Agriculture) to HMR
(High Medium Density Residential) and an ordinance amendment from A-
20A (Agricutture-20 Acre Minimum Lot Size ) to R-2 (Limited Multiple-
Family Dwelling) on 18.64 acres located along the southeast corner of
Allen Road and Reina Road.
0Nard 6)
Resolution approving the Negative Declaration and adopting the
General Plan Amendment to change land use designa¢ons from
R-IA to HMR.
Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-13
Staff recommends adoption of the resolution adopting the Negative Declaration,
approving the General Plan Amendment and first reading of the ordinance.
General Plan Amendment 02-0629; resolution approving the Negative
Declaration and adopting the General Plan Amendment to change the
land use designation from HMR (Hight Medium Density Residential) to
LMR (Low Medium Density Residential) on 25.41 acres located at the
northwest corner of Panama Lane and Ashe Road.
Staff recommends adoption of the resolution approving the Negative Declaration
and approw'ng the General Plan AmendmenL
I0
10.
11.
12.
13.
14.
REPORTS
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL & MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
S:\CounciitAG EN DA\NewS keleton doc
October 31, 2002 (11:43 AM)
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
November 1,2002
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSOI~, A~A~S~SSISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - NOVEMBER 6, 2002 COUNCIL MEETING
PRE-MEETING
There is one workshop, which is the Strategic Implementation Process Update for Cathotic Healthcare
West.
There is one closed session item, which is a conference with legal counsel regarding existing
litigation.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 8f. First Readinq of an Ordinance Repealinq a Chapter of the Municipal Code, Resultinq in the
Disbandinq of the Citizens' Community Services Advisory Committee. In August of 1994, the City
Council created the seven-member Citizens Community Services Advisory Committee. The need for
the Committee grew out of an increased interest by the Council in Recreation and Park activities, and
the consolidation of the Convention Center and the Recreation and Parks functions under one
department of Community Services. As a result of the change to private management of the
Convention Center and the Centennial Garden arena in 1998, the Committee has had a limited role.
Largely, it has been a matter of Council discretion when referring items for discussion and review as
to the level of involvement requested of the Citizens Advisory Committee. The role of the Citizens'
Advisory Committee was referred by the Council to the Community Services Committee for review. A
joint meeting was conducted with members of both Committees, and it was agreed by a majority of
the members of the Citizens' Advisory Committee present at the meeting that their Committee be
disbanded. Based on the Advisory Committee's request, the Community Services Committee (with
Councilmember Carson absent) is recommending that the Council disband the Citizens Community
Services Advisory Committee by repealing Chapter 2.60 of the Municipal Code. Aisc, the City
Council's Community Services Committee considers an identical list of issues and is very active.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE '2
Resolutions:
Item 8h. Resolution of Application Proposina Proceedinas for Annexation of Uninhabited Territory.
The proposed annexation consists of two sites, the first being approximately .05 acres located at the
northwest corner of Springdale and Sunflower Way. This territory is developed with a driveway that
provides access to a single family home, which is in the City limits. The new owner wishes to annex
the driveway. The second site is approximately 80 acres located east of Allen Road, between Snow
Road and Olive Drive. This area is owned by a developer who has consented to annexation, wants
City services, and wants to develop in the City. The City received a concurrent General Plan
Amendment / Zone Change to residential, which is under separate consideration and time frame.
Item 8i. Chanqes to Salary Schedule, Title Chanqes, and New and Revised Job Specifications. Due
to a recent classification study and salary study of the Information Technology field, staff is
recommending revised job specifications and new titles for some classifications in the MIS division to
more accurately reflect duties and/or current trends. Salary increases are recommended for some of
these classifications, which will be funded from salary savings due to position vacancies. It is also
proposed to change the division title from Management Information Services (MIS) to Information
Technology (IT).
The City Council approved a new Light Equipment Operator - Water position in the budget. A job
classification did not previously exist, so one was developed which is consistent with the
responsibilities and requirements of other Light Equipment Operator classifications in the City.
These actions will require amending the resolution setting salaries and related benefits, and amending
the resolution approving the Memorandum of Understanding for employees of the Blue and White
Collar units. The Central California Association of Public Employees endorses the title changes, and
new and revised job specifications. The new and revised job specifications were approved by the
Miscellaneous Civil Service Board at their October 15, 2002 meeting.
Item 8k. Resolution Declarinq the Results of the Special Municipal Election from the Allen No. 5
Measure. This resolution is required to accept the results of the Special Municipal Election of
October 8, 2002, as certified by the City Clerk. The measure to annex this area into the City passed
with 25 yes votes and 19 no votes.
Item 81. Local Government Air Quality Measures. The San Joaquin Valley Air Pollution Control
District (SJVAPCD) has required that all local governments within its jurisdiction adopt resolutions
implementing transportation control measures. The resolution will be part of an overall ozone
attainment plan which will ultimately be submitted for approval by the U.S. Environmental Protection
Agency (EPA). The first resolution describes reasonable available transportation control measures
that the City has, and will implement. It replaces a previous resolution because the supporting
documentation was not in the format desired by the Air District. If the City does not submit a new
resolution committing to implement certain transportation control measures, the SJVAPCD will be
unable to include Bakersfield in the newest State Implementation Plan (SIP), and may be subject to
heavy federal sanctions.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE 3
The second resolution relates to local governmental control measures for PM-10 which are required
because the San Joaquin Valley has failed to attain the PM-10 standard in accordance with the Clean
Air Act, The City has implemented or can implement all of the proposed PM-10 best available control
measures. Kerncog has indicated we need to submit a resolution for PM-10 measures by November
22, 2002 or face possible federal EPA sanctions.
Aqreements:
Item 8n. Approval of Contract with Sanli Pastore & Hill for Consultant Services in an amount not to
exceed $50,000. The City's Corporation Yard lies within the proposed alignment of the Westside
Parkway Project, so will need to be moved. Staff believes the relocation of the Corporation Yard will
have a negative financial impact resulting from increased operating costs and decreased revenues for
which the City will seek reimbursement from the appropriate government agencies funding this
project. The firm of Sanli Pastore & Hill are specialists in the field of assisting agencies that must
relocate operations due to public works projects to identify, document and present claims for
compensation / reimbursement. Staff recommends appropriating $50,000 Equipment Fund balance
to pay for this work.
Item 8p. Aqreements for Preparation of an Environmental Impact Report. This General Plan
Amendment and Zone Change will change the land use map designation on 24 acres of land located
east of Coffee and north of Meany Road to GC (General Commercial), and change the zoning to a
PCD (Planned Commercial Development). The proposal, however, has the potential to significantly
impact environmental resources. Therefore, preparation of an Environmental Impact Report pursuant
to the California Environmental Quality Act is necessary to proceed with the proposal. These
agreements provide for the preparation of the EIR for this project by the City using Michael Brandman
and Associates.
Item 8v. Amendment to Aqreement with Kern-Tech, Inc., Reqardinq Repayment of Economic
Development Loan. Kern-Tach received a City loan for the purchase of equipment in 1997. On
March 20th of this year, Council approved an amendment to the agreement extending the loan term
for six months with a 0% interest rate; using the existing collateral in place; accepting $1,000 monthly
payments; and requesting a review of the company's financial situation at the end of that six month
period to determine whether the company can increase its payments and, if so, by how much. On
October 10th, the Budget and Finance Committee held that six-month review. The Committee
recommends that the existing payment schedule be maintained with a one year review.
Item 8w. 2003 Health Care Contracts. The City's contracts for health insurance are up for renewal
for 2003. The City's Insurance Committee met and recommended approval of the renewals. Overall,
medical premiums are increasing 14.1%, and dental premiums by 10.4%, while mental health,
Employee Assistance Program, and vision premiums are not changing. Based on a recommendation
from the City's health care consultants, the Insurance Committee is also recommending a switch from
Kern Foundation to Blue Cross Prudent Buyer. This move would save the City and employees
approximately 6% in premium increases, and increase the number of available preferred providers.
The Personnel Committee met and reviewed the renewal information and recommends approval.
Item 8y. Quitclaim of Real Property Interest for Boundary Adjustment. SmithTech/USA, Inc., on
behalf of Communities at River Oaks LLC, requests to adjust property boundaries in the future park at
River Oaks Parks, Phase 3, located east of South Allen Road. The boundary adjustment includes the
City quitclaiming 4.34 acres to Communities at River Oaks, and Communities at River Oaks granting
the City a simple interest in 4.70 acres.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE 4
Item 8z. Memorandum of Understandinq with the Assistance Leaque for Acquisition of the Leaque's
13th Street Parkinq Lot for the Aquatic Center and Ice Rink Proiect. The Assistance League is
amenable to an exchange of their property for a new parking lot to be constructed on property located
on the northeast corner of "O" Street and California Avenue (Harper property). Staff is currently
negotiating with the owners of the Harper property to acquire their property for this exchange. This
MOU makes clear that there is no guarantee the Harper property will be acquired using eminent
domain. The City is to use its best efforts to acquire the property and it is believed a private
acquisition can be achieved.
Item 8aa. Approve Purchase Aqreement with Jesus Romero to Acquire Real Property Located South
of Williams Street for Additional Riqht of Way to Provide Access to Nearby Residential Properties.
This area was annexed into the City in 1951. After receiving information that a fence was erected
across the access road at Houser and Williams Street, it was discovered that the access strip south of
Houser Street was never dedicated as a City street. This is the only way to access several properties
along the strip. Investigation by staff revealed the property was recently purchased at County tax
auction by Mr. Romero. Acquisition of this property from Mr. Romero will provide public access to
properties who depend on this paved strip for access. Staff recommends the transfer of $3,500 from
Council Contingency to complete the purchase.
Bids:
Item 8dd. Award Contract to Graham Prewett to Replace the Roof on the Main Portion of the Police
Department Buildinq in the amount of $170,000. This project consists of roof replacement of the
main portion of the Police Department building, including the stairwell roof. A "cool roof" will be
installed as recommended by the California Energy Commission. Six acceptable bids were received.
The Iow bidder subsequently withdrew their bid. Staff recommends award to Graham Prewett.
Item 8ff. Award Contract to Vadnais Corporation for the Relocation of Friant Kern Canal at the
Intersection of Olive Drive and Calloway Drive in the amount of $3,339,244. Construction of full width
street improvements within the intersection of Otive Drive and Calloway Road requires extensive
modifications to the existing Friant-Kern Canal and the Calloway Canal. The owner of the Friant-Kern
Canal informed staff that they would shut down operations of their canal during December 2002 and
January 2003. This provided a window of opportunity for the City to construction the canal re-location
elements of the project much sooner than expected. This current contract provides for the relocation
of the Friant-Kern Canal within the intersection during that window of opportunity. Five acceptable
bids were received. Staff recommends award to Vadnais Corporation. Currently, there is $2,000,000
budgeted for this project. In order to award the bid, additional funds are needed. Staff proposes to
use a combination of Transportation Development Fund project deferrals totaling $894,700 and the
appropriation of $785,300 Transportation Development Fund Balance to make up the needed funding.
A detailed list of projects to be deferred is in the administrative report.
Item 8qq. Award Contract to Gantry Constructors, Inc. for the Construction of Wastewater Treatment
Plant #3 - 2002 Headworks Upqrade in the amount of $1,305,700. This upgrade to Wastewater
Treatment Plant #3 Headworks consists of replacing and installing bar screens, a submersible pump
and washedcompactors, as well as repairs and coating of concrete surfaces in various locations
throughout the plant. Five acceptable bids were received. Staff recommends award to Gantry
constructors, Inc.
Item 8hh. Award Contract to California Electric Supply for Decorative Street Liqhts for the Lakeview
Avenue Streetscape in the amount of $75,527.60. This project consists of constructing median
islands in Lakeview Avenue from Virginia Avenue to California Avenue. This new lighting will enhance
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE $
the community and is an integral part of the project. Three acceptable bids were received. Staff
recommends award to California Electric Supply.
Miscellaneous
Item 8ii. Approval of CDBG Action Plans and Amendments. The proposed amendments affect
CDBG program funds from Fiscal Years 96/97, 98/99, 99/00, 00/01, 01/02, and 02/03. The
amendments are needed to reflect the spending plan approved by Council on September 18, 2002 for
Southeast Bakersfield projects funded with CDBG funds. These projects are the Lakeview Avenue
Streetscape Project and Union Avenue Street Project. The Lakeview Avenue Streetscape Project
includes street reconstruction, curb and gutter, sidewalks, and streetlights on Lakeview Avenue
between East California and Virginia Avenues. The Union Avenue Street Project includes street
reconstruction, curb and gutter, sidewalk, and related improvements within the area between "V", 4TM
and 3rd Streets, and Union Avenue.
Item 8ii. Appropriate $41400 PG&E Grant Fund Contributions to the Southeast Bakersfield
Redevelopment Proiect Area, Operatinq Budqet for the Southeast Bakersfield Business Assistance
Proqram. The City received grant funds of $4,400 from Pacific Gas and Electric Company to assist
Southeast Bakersfield businesses. Combined with Southeast Bakersfield Redevelopment funds
($5,000), the PG&E grant will provide small business workshops and individual counseling to start-up
and small businesses to help develop their business plans. The Bakersfield Redevelopment Agency
will contract with the Weill Institute Small Business Development Center of Bakersfield College to
provide workshops and counseling using experienced business instructors and counselors.
Item 811. Accept Centennial Garden and Convention Center Financial Statements for the 2001-02
Fiscal Year. The 2001-2002 Centennial Garden and Convention Center Audit has been completed
and was referred to the Budget and Finance Committee for review. The audit shows SMG's operation
of the facility has resulted in a savings of $809,523 compared to operations prior to the contract
between Ogden and their successor SMG and the City. Over the past four years, the City has saved
$2,937,409. Well done SMG and Executive Director, Jim Foss!
Item 8nn. Appropriate Funds to Redevelopment Aqency Capital Improvement Budqet for Property
Acquisition for Baker Street Mixed-Use Proiect. The Old Town Kern Mixed Use Project includes the
development of 40,000 square feet of retail space, rehabilitation of 23,000 square feet of existing retail
and the construction of 50 units of senior housing. This item appropriates funds to the
Redevelopment Budget so the Redevelopment Agency may purchase property on King Street as part
of the Planned Baker Street Mixed Use Project.
HEARINGS
Item 9a. Appeal of the Denial of a Site Plan Review for the Construction of an 8,895 Square Foot
Adult Entertainment Business on a Site located at 3900 N. Sillect Avenue. On August 8, 2002, the
Development Services Director denied the site plan review for the proposed adult entertainment
business on the grounds that the project was found to be within 1,500 feet of property zoned for
residential use. The business owners appealed to the Planning Commission, who found the denial to
be consistent with the related City ordinance. Although the appellant has identified many issues
concerning the City's ordinance, the only issue that can be addressed under this appeal is whether
the Development Services Director properly applied the requirements in denying the site plan.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE 6
Item 9b. Continued hearinq, an Appeal by Stier's Leisure Vehicles, Inc. of the Board of Zonina
Adiustment's approval of a Conditional Use Permit to allow a recreational vehicle sales and service
center within and adjacent to an existinq 102,492 square foot vacant home improvement buiidinq at
6801 Colony Street. The BZA approved the CUP on August 13, 2002, finding that the use was
consistent with City policies and ordinances. Two issues were raised on appeal. The first being the
belief that the application is invalid because it was not signed by the property owner, and the second
being that the use will cause closure of a competitive business within the auto mall, causing blight to
the area. This item was continued from the September 18, 2002 meeting to allow the applicant time
to secure a signature from the property owner on the application. To date, the applicant has not
secured the desired signature. Staff notes there have been eight conditional use permit applications
where an agent signed on behalf of the property owner. Neither state law nor City ordinance requires
an owner to sign an application. Staff recommends upholding the decision of the BZA.
Item 9c. General Plan Amendment Reqardinq the Housinq Element. The Housing Element is one of
the seven mandated elements which constitute the General Plan. The draft Housing Element has all
of the content required by state law. Upon completion of the Planning Commission's review of the
Housing Element Update, the Element was transmitted to the State Department of Housing and
Community Development (H&CD) for a 90-day review and comment period. Comments by H&CD
have been incorporated into the Element Update. Upon adoption by the Council, it will be transmitted
to H&CD in accordance with State law.
Item 9d. General Plan Amendment and Zone Chanqe Reqardinq Approximately Three Acres Located
alonq the North Side of West Columbus Street, qenerally west of Union Avenue. This amendment
would permit the development of multiple-family residential uses by Maximus Ill Company. The
property owner of the Royal Palms Mobilehome Park located north and west of the site has opposed
the request. They have stated that the higher density for the site would negatively impact their
property and cause additional traffic for the area. However, the City Traffic Engineer has reviewed the
traffic analysis that was submitted with the application and does not anticipate a significant impact to
the circulation system with the proposed mitigation for the project. The applicant has agreed to all
conditions and mitigation for the project.
Item 9e. General Plan Amendment and Zone Chanqe for Approximately 20 Acres Located at the
Southwest Corner of Brimhall Road and Jenkins Road. This amendment would permit the
development of single family residential units by Soper Homes. During the public hearing process,
the neighbors east of the project site were concerned with additional traffic from the project site to
Appaloosa Street. The applicant and staff met with the neighborhood prior to the hearing and as a
result Public Works, Fire staff and the applicant came up with a solution to construct a barrier
(median) along Jenkins Road to restrict access from the project site to Appaloosa Street. This would
allow a secondary access/exit to and from the project site, which is needed by the Fire Department.
The neighborhood representative has reviewed the solution and is in agreement with the construction
of such restriction.
Item 9f. Concurrent General Plan Amendment and Zone Chanqe Reqardinq Acreaqe on the West
Side of Oswell Street, south of Hiqhway 58. This proposal by Mclntosh and Associates is to amend
the Land Use Element by changing the designation from HI (Heavy Industrial) to LI (Light Industrial)
on 9.93 acres, and HI to HMR (High Medium Density Residential) on 18.76 acres. The applicant has
also proposed to change the zoning from M-2 (General Manufacturing) to M-1 (Light Manufacturing)
on 9.93 acres and M-2 (General Manufacturing) to R-3 (Limited Multiple Family) on an adjacent 18.76
acres. On September 19, 2002, the Planning Commission denied the applicant's proposal based on
their concern for public safety regarding the project site's close proximity to the Wastewater Plant.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 1,2002
PAGE 7
The proposal for Light Industrial land use is located adjacent on the east side of the Kern Sanitation
Authority property and the proposed Multi-Family Residential land use is located 510 feet east of the
Kern Sanitation Authority property. The applicant has appealed the Planning Commission's denial.
Due to the appeal, staff asked Kern County Environmental Health Department to determine any
potential health concerns to this area.
Information provided by the Kern County Environmental Health Department reported no real potential
health risk to people working adjacent to or living 510 feet east of the Wastewater Plant property.
Therefore, staff does not believe that the proposal should be denied based on the supposition that
there could be a health risk. There is also no land use compatibility issue because the portion of the
project site that is adjacent to the Wastewater property is currently designated for Industrial land use
and the proposal would only change the land use from Heavy to Light Industrial. For the proposed
Limited Multiple Family land use, the project site is located 510 feet east of the Wastewater property,
and therefore would not create any land use conflicts with the Wastewater Plant.
Staff is also recommending that the R-2 zone be approved for the eastern portion of the project site
rather than the R-3 zone. The R-3 zone would exceed the permitted density allowed under the HMR
land use designation. Staff recommends approval of the General Plan Amendment.
Item 9q. General Plan Amendment and Zone Chanqe Reqardinq 18.64 Acres Located alonq the
Southeast Corner of Allen Road and Reina Road. This amendment to the General Plan will allow
the construction of 225 multiple-family dwellings on the 18.64 acre site. The Planning Commission
conducted public hearing(s) on this GPA/ZC and recommended City Council approval on September
19, 2002. The applicant agreed to all mitigation for the project. An adjoining property owner is
concerned about sewer capacity and how this project might influence his planned residential project
located at the northeast corner of Noriega and Allen Road. Two appeals were filed on the
Commission recommendation. Reasons for the appeals were not stated.
Item 9h. General Plan Amendment Reqardinq 25.41 Acres Located at the Northwest Corner of
Panama Lane and Ashe Road. This amendment to the General Plan would permit the development
of residential units at a lower density. Currently the site, with the existing land use designation,
allows the development of 442 residential units. The proposal will reduce the amount of residential
units to 254. Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Workshop
ITEM: 2.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
_ APPROVED
D EP AR TM ENTH
October 31, 2002
CITY ATTORNEY
CITY MANAGER
Strategic Implementation Process Update for Catholic Healthcare West, Timothy Moran,
President of Mercy-Mercy SW Hospital and Jon Van Boening, President of Bakersfield
Memorial Hospital.
RECOMMENDATION:
BACKGROUND:
kt
October 31, 2002, 9:51AM
T:\Clerk~Agenda~ADMINFORM.dot
ADMINISTRATIVE REPORT
IMEETING DATE: November 6, 2002
AGENDA SECTION: Closed Session
TEM: 3.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
October 29, 2002 CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Ochoa v. City of Bakersfield, et al
USDC Case No. CV-F-01-5559 AWl DLB
RECOMMENDATION:
BACKGROUND:
BJT:dll
October 29, 2002, 11:37AM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Presentations
ITEM: 5.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 18, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Michal C. Clark, Chief Executive Officer, of
Kern Regional Center proclaiming November 8, 2002, as "People First of Kern County
Day".
RECOMMENDATION:
BACKGROUND:
ndw
October 18, 2002, 9:13AM
S:\MAYOR~ADMIN\PEOPLE FIRST OF KERN COUNTY DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Presentation
ITEM: 5.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
October 28, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Acknowledging the donations of private businesses to support the Bakersfield Fire
Department Water Rescue Team. Acknowledgement will be by Fire Chief Ron Fraze.
RECOMMENDATION:
BACKGROUND:
kec
October 28, 2002, 3:58PM
p:\admJn report\Water Rescue Team presentation
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCar[hy, City Clerk
October 31, 2002
/~ APPROVED
DEPARTMENT H EAI:~L--~ ~
CITY A'I-I'ORN EY
CITY MANAGER ~
Minutes of the Regular Council meeting of October 16, 2002 for approval.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
rg
October 31, 2002, 9:49AM
T:\Clerk~Agenda~ADMINFORM.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 24, 2002
APPROVED
DEPARTMENT HEAD,/
CITY ATTORNEY
C,TYMA. AGER
SUBJECT: Approval of department payments from October 4, 2002 to October 24, 2002 in the
amount of $9,838,800.61 and self insurance payments from October 4, 2002 to October 24, 2002
in the amount of $245,980.76.
RECOMMENDATION:
Staff recommends approval of payments totaling $10,084,781.37.
BACKGROUND:
k~9
October 24, 2002, 2:44PM
S:\KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.c.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~,~J
DATE: October 22, 2002 CITY ATTORNEY
CITY MANAGER ~
SUBJECT:
Ordinance amending section 5.50.300 of the Bakersfield Municipal Code regarding appeal
of revocation or suspension of taxi driver's permit.
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
Recommended for adoption by the Legislative and Litigation Committee at their meeting of September 23,
2002. The first reading was at the City Council Meeting on October 16, 2002. The current section
5.50.300 of the Bakersfield Municipal Code provides for a revocation or suspension of a taxi driver's
permit under certain specified circumstances, together with an appeal process to the City Council in the
event such a suspension or revocation is ordered by the Chief of Police. In an effort to streamline the
meetings of the City Council, combined with a perceived need to amend the Code to provide more
direction to the Chief of Police, a draft ordinance has been prepared. This issue was referred to the
Legislative and Litigation Committee for review and has been recommended for adoption.
ADD:je
S:\CO U N Cl L~,dmins\TaxiDriverAppealP rocess.dot
October 31, 2002, 9:51AM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. d.
TO: Honorable Mayor and City Council APPROVED
FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD~,,~,
DATE: October 28, 2002 CITY ATTORNEY~
CITY MANAGER ~
SUBJECT:
Ordinance amending Chapter 15.74 of the Bakersfield Municipal Code relating to flood
damage prevention.
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
Between January 18, 2002 and June 24, 2002, the State Department of Water Resources ("State") and
the Water Resources and Development Services Departments of the City of Bakersfield participated in a
joint review of our Flood Damage Prevention Ordinance (Chapter 15.74 of the Bakersfield Municipal
Code). The City's current ordinance was passed in 1985 and since then, the Federal Emergency
Management Agency (FEMA) has revised the standards the City ordinance was patterned after. In order
to be compliant with the updated standards and remain in the National Flood Insurance Program (NFIP),
suggested modifications were forwarded to the City Attorney's Office. After a review and ordinance
rewrite, the draft changes were then forwarded to the State which approved the ordinance changes. Now
City staff recommends adoption.
These minor modifications and changes are technical in nature and are necessary to comply with the
FEMA flood insurance coverage program.
This ordinance received first reading on October 16, 2002.
GB/ADD:Isc
October 28, 2002, 3:07PM
S:\COUNClL~Admins\FloodPlain. Ch15.74.2ndRead.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 28, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Ordinance amending Section 10.72.030 of Chapter 10.72 of the Bakersfield Municipal Code
rerating to designated boundaries of the Downtown Parking Mall. (Ward 2)
RECOMMENDATION: Staff recommends approval of Ordinance.
BACKGROUND: The City Council held first reading of this ordinance on October 16, 2002.
Staff has met with representatives of the Downtown Elementary School regarding the traffic flow along 20th
Street between L Street and M Street. The Downtown Elementary School representatives have requested
that the Downtown Parking Mall be extended to include 20th Street between L Street and M Street. This
will provide more parking on 20th Street adjacent to the school, make the street a one way street, and
improve the overall safety of the street for the students. The ordinance amendment will add 20th Street
between L Street and M Street into the parking mall designated boundary.
October 28, 2002, 1:47PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent
ITEM: 8. f,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
October 24, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER x'¢~
First Reading of an ordinance repealing Chapter 2.60 of the Bakersfield Municipal Code
resulting in the disbanding of the Citizens' Community Services Advisory Committee.
RECOMMENDATION:
The Community Services Committee recommends first reading.
BACKGROUND:
In August of 1994 the City Council created the seven member Citizens Community Services Advisory
Committee. The Committee was formed by a merger of the existing Citizens Park and Recreation
Committee and the Convention Center Committee. The need for a new committee grew out of an
increased interest by the Council in Recreation and Park activities and the consolidation of the
Convention Center and the Recreation and Parks functions under one department of Community
Services.
The duties of the Committee according to section 2.60.050 of the Municipal Code are to "accept input
from community groups and interests and advise the City Council as to policies for the convention
center, city parks, and city recreation services."
Due to the change to private management of the convention center and the Centennial Garden arena in
1998 the Citizens Advisory Committee has had a limited role regarding policies for the convention
center pursuant to the management agreement for those facilities.
There has also been a lack of clarity as to how the role of the Citizens Community Services Advisory
Committee relates to the City Council's Community Services subcommittee. There has been no clear
definition as to which issues or policies should be considered by which group. Largely, it has been a
matter of Council discretion when referring items for discussion and review as to the level of
involvement requested of the Citizens Advisory Committee.
The Council's Community Services Committee has on occasion performed similar duties to those of the
Citizens Community Services Advisory Committee in acting as the contact point for citizen concerns
October 24, 2002, 4:34PM
S:LIOHN\Council Commiitees\CSCOM\Citizens Community Services Advisory Committee - Admin.doc
ADMINISTRATIVE REPORT
and input regarding issues involving the convention center, city parks, and city recreation services.
There have also been cases where the Council Committee has requested that the Advisory Committee
also review an issue in more depth as well.
The role of the Citizens' Advisory Committee was referred by the Council to the Community Services
Committee for review. A joint meeting was conducted with members of the Citizens' Advisory
Committee and the Community Services Committee. There was a lengthy discussion among the two
groups regarding what role the Citizens' Advisory Board could serve. There was a desire for the
Citizens' Advisory Committee members to be of assistance to the Council Committee. However, it was
discussed that due to the high level of involvement of Councilmembers in park and recreation issues
before the Community Services Committee it would duplicative to refer items to the Citizens' Advisory
Group for additional public input when Councilmembers typically are receiving input directly from
citizens. It was also pointed out that since there is increased public information and awareness about
these issues due to televised Council meetings and other public information efforts that citizens
communicate directly with Councilmembers by phone or e-mail to express their views.
After much discussion, a majority of the members of the Citizens' Advisory Committee present at the
meeting voted to request that the Citizens Community Services Advisory Committee be disbanded.
Based on that request, the Community Services Committee (with Councilmember Carson absent) then
voted to recommend that the Council disband the Citizens Community Services Advisory Committee by
repealing Chapter 2.60 of the Municipal Code.
The Community Services Committee was very appreciative of the time and effort the members of the
Citizens Community Services Advisory Committee have contributed to their work on the Committee and
also requested that following approval by the Council to disband the Citizens Community Services
Advisory Committee, the members be sent formal appreciation letters and certificates from the Mayor
and Council recognizing their contributions and service as committee members.
(jws)
October 24, 2002, 4:34PM
S:~JOHN\Council Committees\CSCOM\Citizens Community Services Advisory Committee - Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 24, 2002
APPROVED
DEPARTMENT HEAD
c,Ty ATTORNE'
CITY MANAGER
Resolution of Intention No. 1284 to add territory, Area 4-24 (Baker Street) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving
Public Works Director's Report and setting time and place for hearing protests to the
proposed addition of territory. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The City is proposing to install street landscaping in Baker Street between Niles Street
and Jackson Street. To provide for the maintenance of the street landscaping this resolution proposes to
add territory (Area 4-24, Baker Street) to the Consolidated Maintenance District. Area 4-24 is generally
bounded by Niles Street on the north, King Street on the east, Jackson Street on the south and Kern
Street on the west. This area will be under the streetscape zone of benefit and when street landscaping
has been installed, assessed an amount for street tier 2.
The Resolution sets the date of January 15, 2003 for the protest hearing.
Ivd
October 24, 2002, 3:02PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent
ITEM: 8. h o
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 11,2002
--~OVED
DEPARTMENT HEAD
CITY ATTORNE/
CITY MANAGER
Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield, property identified as Annexation No. 438, located in two separate
areas (1) at the northwest corner of Springdale and Sunflower Way and (2) along the east
side of Allen Road, between Olive Drive and Snow Road. (Wards 4 and 7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory identified
as Annexation No. 438 to the City of Bakersfield. The proposed annexation consists of
approximately 0.05 acres of uninhabited land located at the northwest corner of Springdale and
Sunflower Way and approximately 80 acres of uninhabited land located east of Allen Road,
between Snow Road and Olive Drive.
The territory at Springdale and Sunflower is developed with a driveway that provides access to a
single family home which is in the City limits. The new owner of the home wishes to annex the
driveway into the city. The mobilehome subdivision to the north, east and south of the site was
once part of the "Dennen No. 1 Annexation" which failed to be annexed in 1997. The area at Olive
Drive and Allen Road is owned by a developer who has consented to annexation and wants city
services and to develop in the city.
The city has received a concurrent General Plan Amendment/Zone Change to residential, which is
under separate consideration and time-frame.
MO:pit
Admin\nov\l 1-6-438
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.'i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ~)~ APPROVED
Carroll Hayden, Human Resources Manager~ DEPARTMENT HEAD
October 22, 2002 CITY ATTORNEY
c TY MA.AGER
Changes to Salary Schedule, Title Changes and New and Revised Job Specifications
1. Amendment No. 7 to Resolution No. 122-01 setting salaries and related benefits for
officers and employees of the General Supervisory, Police Supervisory and
Management Units and adopting salary schedule and related benefits for Applications
Systems Supervisor, GIS Supervisor, Technology Services Supervisor, Assistant
Director of Information Technology and Director of Information Technology
2. Amendment No. 3 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 GIS Technician, GIS Analyst, Help Desk Specialist, Network
Systems Technician, Network Systems Analyst, Network Systems Engineer,
Programmer Analyst, Webmaster, and Light Equipment Operator-Water
3. New Job Specifications: Technology Services Supervisor and Light Equipment
Operator - Water
Title Changes and Revised Job Specifications:
Office Systems Support Assistant to Help Desk Specialist
Office Systems Technician to Network Systems Technician
Office Systems Analyst to Network Systems Analyst
Senior Office Systems Analyst to Network Systems Engineer
Information Systems Analyst (1 position) to Webmaster
Information Systems Analyst (4 positions) to Programmer Analyst
Data Processing Supervisor to Applications Systems Supervisor
Data Processing Manager to Assistant Director of Information Technology
Management Information Services Director to Director of Information Technology
RECOMMENDATION:
Staff recommends adoption of the resolutions and approval of the title changes and new and revised job
specifications.
October 22, 2002, 10:50AM
S:~ADMINRPT~lnformation Technolo9y Division dot
ADMINISTRATIVE REPORT
BACKGROUND:
Manaqement Information Services to Information Technolo.q¥ Division:
For the last few years, the Human Resources Division has had a difficult time recruiting and retaining
employees in the Management Information Services (MIS) Division. The problems seem to have
escalated lately, even though the high technology field has had some spectacular crashes. It was
uncertain, when recruitments were posted, that the City titles meant anything to the target group of
applicants. The job specifications for the majority of the MIS positions have not been reviewed in over ten
years.
Other areas of concern are:
The MIS field has been one of rapid technological change in the last ten years.
There has been a rising demand for high technology employees by the private sector and
more geographically desirable areas.
The City is becoming heavily reliant on GIS technology, which is a new area.
Departing employees have conveyed in exit interviews that pay rates strongly contributed to
their decision to leave employment with the City.
The City's dependence on MIS has grown exponentially. There are currently 650 PCs, 250
MDCs and 150 printers.
Networking of computers, which the City did not do six years ago, has now become a very
complex and integral part of MIS, involving e-mail, internet and file sharing, creating a
reliance on network specialists.
Therefore, a comprehensive classification study was conducted to review the MIS job specifications to
insure they reflect current duties, terminology and job titles. At the same time, a salary survey was
conducted to determine the competitiveness of City salaries; that is, whether City salaries fall within 7% to
12% of our survey city average.
As a result of the classification study and salary survey, we are recommending revised job specifications
and new titles for some classifications to more accurately reflect duties and/or current trends. Salary
increases are recommended for the following classifications whose current salary ranges fall below our
recommended guidelines:
GIS Technician 4.0%
GIS Analyst 8.5%
GIS Supervisor 1.7%
Senior Office Systems Analyst to Network Systems Engineer 4.5%
Information Systems Analyst to Programmer Analyst 11.7%
Data Processing Supervisor to Applications Systems Supervisor 6.7%
% Increase
The salary for the new Technology Services Supervisor approved in the July 2002 budget by the City
Council will be set equivalent to Assistant City Clerk and Office Administrator - Public Relations.
The total cost of approximately $36,000 will be funded by salary savings.
October 22, 2002, 10:50AM
S:~ADMINRPT~lnformatJon Technology Division,dot
ADMINISTRATIVE REPORT
The remaining MIS positions will be re-titled as follows without a salary increase:
· Office Systems Support Assistant to Help Desk Specialist
· Office Systems Technician to Network Systems Technician
· Office Systems Analyst to Network Systems Analyst
· Information Systems Analyst (1 position) to Webmaster
· Data Processing Manager to Assistant Director of Information Technology
· Management Information Services Director to Director of Information Technology
A number of the job specifications include minimum qualifications that exceed those attained by current
staff members. Therefore, current employees will be grandfathered with the caveat that a goal will be set
to attain the higher level qualifications within a one year period.
The division title will be changed from Management Information Services (MIS) to Information Technology
(IT).
Water Department:
The City Council approved a new Light Equipment Operator - Water position in the budget effective July
1, 2002. A job specification for this classification does not currently exist. Therefore, prior to posting a
recruitment, a job specification was developed consistent with the responsibilities and requirements of
other Light Equipment Operator classifications in the City.
SUMMARY:
The Central California Association of Public Employees endorses the title changes and new and revised
job specifications. The new and revised job specifications were approved by the Miscellaneous Civil
Service Board at their October 15, 2002 meeting.
Om)
October 22, 2002, 10:50AM
S:~ADMINRPT~lnformation Technology Division.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
IITEM: 8..i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 18, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~'~
CiTY MANAGER~""~
Resolution adding territory, Area 4-18 (Miramonte, 178 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. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On October 16, 2002 the Council adopted Resolution of Intention No. 1283 to add
territory, Area 4-18 (Miramonte, 178 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 Tract Map No 5518, Phases 1, 2 and 3. Area 4-18 is
generally bounded by Highway 178 on the north, a line 3/8 miles east of Miramonte Drive on the
east, a line 1/4 mile south of Highway 178 on the south, and Miramonte Drive 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
subdivision map. A copy of this covenant is attached for reference.
Lvd
October 10, 2002, 5:20PM
G:\GROUPDATtADMINRPT\2002\Nov 6\MD4-18Re02 dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
October 28, 2002
APPROVED
DEPARTMENT HEAD/~
CITY ATTORNEY
CITY MANAGER
/-, !
Resolution declaring the results of the Special Municipal Election, held in the!City of
Bakersfield on October 8, 2002, for the Allen No. 5 Annexation, Measure A, and declaring
the territory attached to the City of Bakersfield incorporated area.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution is required to accept the results of the City Clerk's Canvass of the Special Municipal
Election of October 8 2002, as certified by the City Clerk, declaring the following territory designated as
Annexation No. 5, also known as Allen Road No. 5, annexed into the City Of Bakersfield incorporated
area.
The results of the Measure A, Allen Road No. 5, Annexation ballot are as follows:
YES VOTES 25
NO VOTES 19
October 29, 2002, 11:06AM
S:\Council\admins\Oct.8,02 results.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent
ITEM: 8.! o
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~-/
DATE: October 29, 2002 CITY A'I-rORNEY ~
CITY MANAGER '~/'~
SUBJECT:
1.
Local Government Air Quality Measures
Resolution to Implement Local Government Transportation Control Measures in the
Severe Area Ozone Plan for the San Joaquin Valley.
Resolution to Implement Local Government Control Measures in the PM-10 Plan for the
San Joaquin Valley.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The San Joaquin Valley Air Pollution Control District (SJVAPCD) has required that all local
governments within its jurisdiction adopt resolutions implementing transportation control measures.
The resolution will be part of an overall ozone attainment plan which will ultimately be submitted for
approval by the U.S. Environmental Protection Agency (EPA). The first resolution describes
reasonably available transportation control measures that the City has, and will implement, in order to
reduce ozone causing emissions into the air from transportation sources. The Council adopted a
similar resolution in April of this year, however the San Joaquin Valley Air Pollution Control District
(SJVAPCD) through Kemcog has requested that the City provide more detailed information regarding
the control measures we would implement as well as the reasons why we would not implement other
measures reviewed by Kerncog. The reasons we might not adopt some of the measures could include
the fact they are the responsibility of other entities such as those regarding transit, or they are not
technically or economically feasible.
If the City of Bakersfield does not submit a new resolution committing to implement certain
transportation control measures, the SJVAPCD will be unable to include Bakersfield in the newest State
Implementation Plan (SIP) that demonstrates sufficient progress towards attainment of the ozone
standard. In turn, the EPA may impose heavy federal sanctions on valley governments and
businesses. These sanctions may include withholding federal transportation funds to local
governments. Kerncog has indicated we need to submit a revised resolution by November 22, 2002.
Therefore, staff recommends that the City adopt the attached resolution which provides more detailed
information regarding the transportation control measures and agrees to implement those
October 29, 2002, 9:17AM
S:~JOHN\TCM~Air Quality Resolutions Admin ReporLDOC
ADMINISTRATIVE REPORT
transportation control measures to control emission sources which are feasible and identify those that
are not.
The second resolution relates to local governmental control measures for PM-10 which are required
because the San Joaquin Valley has failed to attain the PM-10 standard in accordance with the Clean
Air Act. Kerncog has asked that the city adopt a resolution similar to the one for the Severe Area
Ozone Plan which indicates the best available control measures for PM-10 which are being considered
by Kerncog and the Valley Air District and acknowledges which ones we can implement. The City has
implemented or can implement all of the proposed PM-10 best available control measures. Kerncog
has indicated we need to submit a resolution for PM-10 measures by November 22, 2002 or else face
possible federal EPA sanctions. Therefore, staff recommends that the City adopt the attached
resolution which provides detailed information regarding PM-10 control measures.
(jws)
October 29, 2002, 9:17AM
S:~JOHN\TCM~Air Quality Resolutions Admin Repod. DOC
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.m.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 16, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Tract Maps/Improvement Agreements
Final Map and Improvement Agreement with Ennis Homes, Inc. for Tract 6056 Phase 1
located East of Jewetta Avenue and north of Reina Road. (Ward 4)
Final Map and Improvement Agreements with Stuart Thomas Incorporated, DBA Lenox
Homes for Tract 6064 Phase 2 located south of Berkshire Road and east of South H Street.
(Ward 7)
Final Map and Improvement Agreements with Communities At River Oaks, LLC for Tract
6034 Phase 1 located south of Stockdale Highway and west of Buena Vista Road.
(Ward 4)
Final Map and Improvement Agreement with Communities at River Oaks, LLC for Tract
6034 Phase 2 located south of Stockdale Highway and west of Buena Vista Road. (Ward 4)
Final Map and Improvement Agreement with D. R. Horton Los Angeles Holding Company,
Inc. for Tract 6107 Phase 1 located north of Hageman Road and east of Calloway Drive.
(Ward 4)
Final Map and Improvement Agreement with Vista Finestra I, LLC for Tract 5077 Phase 2
located at Vista Finestra Drive and Lene Place north of Highway 178. (Ward 3)
Final Map and Improvement Agreements with San Joaquin Development Group, LLC for
Tract 5947 Phase 2 located south of McKee Road and west of Wible Road. (Ward 7)
Final Map and Improvement Agreement with Vista Finestra I, LLC for Tract 6012 Phase 1
located north of Stockdale Highway and west of Renfro Road. (Ward 4)
October 2% 2002, 1:42PM
G:\GROUPDAT~ADMINRP'R2002\Nov 6\MAP AND iMPROVEMENT AGR dot
ADMINISTRATIVE REPORT
RECOMMENDATION: Staff Recommends approval of the agreements,
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
Oc ober 21, 2002, 1:42PM
G:\GROUPDAT~ADMINRPT~2002\Nov 6/MAP AND IMPROVEMENT AGR dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
October 17, 2002
Consultant Services Agreement:
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
APPROVED
1. Approval of contract with Sanli Pastore & Hill for consultant services (reimbursement for
relocation of Corporation Yard) in an amount not to exceed $50,000.
2. Appropriate $50,000 Equipment Management Fund Balance to the Public Works
Department's Operating Budget.
RECOMMENDATION: Staff recommends approval of contract and appropriation.
BACKGROUND:
A need has been identified to retain the services of specialized consultants to render assistance to the City
relative to relocation of the Corporation Yard which lies within the proposed alignment of the Westside
Parkway Project.
The firm of Sanli Pastore & Hill are specialists in the field of assisting businesses/agencies that must
relocate operations due to public works projects to identify, document and present claims for
compensation/reimbursement. Staff believes that relocation of the City's Corporation Yard will have a
negative financial impact upon the City resulting from increased operating costs and decreased revenues
for which the city will seek reimbursement from the appropriate governmental agencies funding this
project.
Funds are available within the Equipment Management Fund to cover the contract's cost.
BJA/MGA:Isc
October 30, 2002, 12:05PM
S:\COUN CIL~Admins'v~ttyRetaine r. SanliPosto re HillFni.doc
MEETING DATE: November 6, 2002
ADMINISTRATIVE REPORT Page 1
AGENDA SECTION: Consent Calender
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 14, 2002
APPROVED
DEPARTMENT HE~
c Ty ATTOR.'E¢'
CITY MANAGER ~
Agreement with Kyle Cader Homes Inc. to purchase real property in tract 5993, phase 4
located west of Calloway Road, south of Snow Road for $58,000 for a domestic water well
site. ( Ward 4 )
RECOMMENDATION: Staff recommends approval of agreement,
BACKGROUND:
The Water Resources Division is acquiring a water well site to provide domestic drinking water for homes
currently being constructed in the area. The water well site contains approximately 13,589 square feet.
The owner, Kyle Carter Homes Inc. will be responsible for all off site improvements as set out in the
purchase agreement. The purchase price of $58,000 is based on an appraisal by Michael C. Burger, M.A.I
an independent fee appraiser and is consistent with sales of comparable properties in the area.
On November 7, 2002, the Planning Commission will be asked to find the acquisition of this property
consistent with the Metropolitan Bakersfield 2010 General Plan.
jws
10/14/20028:50 AM
P:~DMINFORM wpd
ADMINISTRATIVE REPORT
IMEETING DATE: November 6, 2002
AGENDA SECTION: Consent
ITEM: 8. p.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 22, 2002
DEPARTMENT HEAD ,'. ,/¢_. ,i21'VED,~z~
CITY ATFORNEY~-~~
CITY MANAGER ~
Aqreements for preparation of an Environmental Impact Report for General Plan
Amendment/Zone Chanqe No. 02-0806. (Ward 4)
Agreement between Development Resource Consultants and the City of Bakersfield for the
preparation of an Environmental Impact Report and appropriate $105,846.00 developer's
contribution to the Development Services Operating Budget in the general fund.
Agreement between Michael Brandman Associates and the City of Bakersfield for $79,384.00
to prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change
No. 02-0806, generally located east of Coffee Road and north of Meany Road.
RECOMMENDATION:
Approve agreements and appropriation.
BACKGROUND:
General Plan Amendment/Zone Change No. 02-0806 is to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LR
(Low Density Residential) and LI (Light Industrial) to GC (General Commercial) on 24 acres of land
located east of Coffee and north of Meany Road. Also, the proposal is to change the zoning from
C-2 (Regional Commercial), R-1 (One Family Dwelling) and M-1 (Light Manufacturing) to a PCD
(Planning Commercial Development). The proposal, however, has the potential to significantly
impact the following environmental resources: air quality, noise, traffic and circulation, biological
resources, cultural resources, Hydrology and Geotechnical Analysis. Therefore, preparation of an
Environmental Impact Report pursuant to the California Environmental Quality Act is necessary to
proceed with the proposal.
Applicant-City Agreement:
This agreement sets forth the role and financial responsibility of the City of Bakersfield and
the applicant regarding the preparation of an Environmental Impact Report (EIR) for
ADMINISTRATIVE REPORT Page 2
General Plan Amendment/Zone Change No. 02-0806. This agreement acknowledges that
the property owner shall pay all costs associated with the preparation and completion of the
EIR. The total cost for preparing the EIR is $105,846.00, which consist of $79,384.00 for
consultant services and $26,462.00 to reimburse the City of Bakersfield for its costs.
Consultant-City Agreement:
This agreement sets forth the scope of services for the preparation of an Environmental
Impact Report for General Plan Amendment/Zone Change No. 02-0806.
MO:pjt
Admin\nov\l 1-6-0806
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: ~.(I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 16, 2002
DEPARTMENT HEAD /~/~R~O V E D
CITY MANAGER ~
South Mount Vernon Recycling Center (Ward 1):
I. Contract Change Order No. 1 to Agreement No. 02-182 with Griffith Company in
the amount of $20,816.45 (for a total contract amount of $83,858.45) for the
Additional Asphalt Paving at South Mount Vernon Recycling Center Project.
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the expansion of the asphalt sorting pad and brush
pad areas at the Mount Vernon Greenwaste Recycling Facility as a part of the long term plan to
control dust, protect equipment, reduce costs, and improve efficiency.
During construction of the project, an area of the sorting pad was discovered and identified as an
important area that could be further expanded with this project. The additional cost for the
expanded area was still well within the amount budgeted for the project overall. The 55' x 110'
expansion of this pad will enhance the efficiency and productivity of sorting crews. Through this
expansion, sorting operations could be organized to handle, without work stoppages, the
increasing flow of curbside green waste at the facility. The contractor has agreed to do this further
expansion at the current contract prices for a total increase of $20,816.45.
Sufficient funds were budgeted and are available for this project to cover this contract change
order. As is the case for all capital projects at the Mount Vernon facility, the County will reimburse
approximately 30% of all capital outlays.
G:\GROUPDAT~ADMINRPT~2002\Nov 6\02-182 CCO 1 Mount Vernon Recyliog Facility.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. r.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 23, 2002
APPROVED
CITY ATI'ORNEY ~;~--'~
CITY MANAGER ~
Agreement with City of California City, a municipality having tax exempt status under the
Internal Revenue Code, to purchase six (6) surplus police vehicles from the City for
$9,000.00.
RECOMMENDATION: Staff recommends sale of surplus vehicles.
BACKGROUND: The Finance Director has received a request from the City of California City to buy six
(6) surplus police vehicles. Bakersfield Municipal Code section 3.20.120F provides for this action and
states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and
approval by the City Council.
The items are being "sold as is and with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:Ijm
P:~ADMIN~2002 ADMIN\C02 1106_C_Sale of Six Surplus Police Vehicles.doc
October 23, 2002, 9:03AM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.s.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 23, 2002
APPROVED
DEPARTMENT HEAD./~
CITY A'I-rORNEY
CITY MANAGER
Agreement with North Bakersfield Recreation and Park District, a tax exempt special district
of the State of California, to purchase one (1) surplus police vehicle from the City for
$1,500.00.
RECOMMENDATION: Staff recommends sale of surplus vehicle.
BACKGROUND: The Finance Director has received a request from the North Bakersfield Recreation and
Park District to buy one (1) surplus police vehicle. Bakersfield Municipal Code section 3.20.120F provides
for this action and states that any sale to a governmental entity or nonprofit organization shall be subject to
confirmation and approval by the City Council.
The items are being "sold as is and with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:ljm
P:~ADMIN~2002 ADMIN\C02_1106 B Sale of Surplus Police Vehicle.doc
October 23, 2002, 8:56AM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
October 17, 2002
APPROVED
DEPARTMENT HEAD ~......,
CITY ATTORN Ey~..~~-
CITY MANAGER
Agreement with Riverlakes Investment Company for ditch eradication and pipeline.
No. Four)
(VVa rd
RECOMMENDATION:
Staff recommends execution of the agreement.
BACKGROUND:
The City of Bakersfield currently operates an open ditch (canal) just west of Coffee Road near Downing
Avenue. The City has an easement for this ditch across land owned by Riverlakes Investment Company.
Riverlakes Investment Co. intends to abandon the open ditch in this section and replace the ditch with a
pipeline. The City of Bakersfield will quitclaim this present easement and accept a new easement for the
proposed pipeline alignment, This agreement formalizes the actions and procedures of both the City of
Bakersfield and Rivedakes Investment Company. Construction for the new pipeline and ditch eradication
will be at no cost to the City of Bakersfield
Oc obe 7, 2002 3:30PM
S:~2002 ADMIN REPORTS\Nov6wtlcc doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent
ITEM: 8-u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 11, 2002
~..APPROVED
DEPARTMENT HE~/~~/
CITY ATTORNEY
CITY MANAGER
Agreement to Indemnify LAFCO for City Annexation No. 435, Proceeding 1343, uninhabited
territory located in two separate areas (1) south of State Route 58, east of Oswell Street
and (2) at the northeast corner of Wible Road and McKee Road. (Wards 1 and 7)
RECOMMENDATION:
Staff recommends adoption of agreement.
BACKGROUND:
The Local Agency Formation Commission is processing the annexation and will place a condition
that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation.
The agreement provides that if LAFCO is sued for approving the City's application for annexation,
the city will bear the burden of defense. The property owner consents to annex the site to the city.
The annexation territory consists of (1) approximately 95 acres of uninhabited land located south of
State Route 58, east of Oswell Street and (2) approximately 40 acres of uninhabited land located
at the northeast corner of Wible Road and McKee Road. Both sites are currently undeveloped,
and the property owners wish to develop the sites in the city limits and receive city services.
The property owners of the territory have consented to annexation.
MO:pjt
Admin\nov\l 1-6-435
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.v.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD //~-i~
SUBJECT:
Amendment No. 2 to Agreement 97-65 between the City of Bakersfield and Kern-Tech, Inc.,
regarding repayment of economic development loan. (Ward 2)
RECOMMENDATION:
Budget and Finance Committee recommends approval.
BACKGROUND:
Kern-Tech received a City loan for the purchase of equipment dated March 26, 1997. On March 20 of this
year, the Council approved an amendment to Agreement 97-65 with Kern-Tech, Inc., with the following
points:
· extending the loan term with Kern-Tech for six months with a 0% interest rate,
· using the existing collateral in place,
· accepting $1,000 monthly payments, and
· requesting a review of the company's financial situation at the end of that six month period to
determine whether the company can increase its payments and, if so, by how much.
On October 10, the Budget and Finance Committee held that six-month review.
Kern-Tech has conscientiously made each monthly payment. The current loan balance is $162,797. An
additional development is the recent death of one of the company's partners. The remaining partner, Mike
Miller, has assured staff that he is fully committed to carrying on the business.
After reviewing Kern-Tech's current financial situation, the Budget and Finance Committee considered
several alternatives. The committee recommends that the existing payment schedule be maintained with
a one year review. This would provide the company an additional year to assess its status and adjust to
the loss of one of its two partners.
S:~Admins\City Council\Kern Tech Amend #2 doc
10/24/2002 8:40 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent
TEM: 8.w.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
U"
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
October 24, 2002
CITY ATTORNEY
APPROVED
CITY MANAGER ~
2003 Health Care Contract
Amendment No. 10 to Agreement No. 93-267 with Blue Cross of California
Insurance for Insurance for Indemnity Health and Dental Services.
Amendment No. 9 to Agreement No. 93-266 with Blue Cross/California Care Health
Plans for Medical Services.
4.
5.
6.
7.
Amendment No. 6 to Agreement No. 96~148 with Blue Cross of California for the
Medicare Risk plan Senior Secure.
Amendment No. 5 to Agreement No. 97-320 with Kaiser Permanent Health
Plans for Medical Services.
Amendment No. 5 to Agreement No. 97-321 with Kaiser Permanente health Plans
for Medical Services for retirees.
Amendment No. 11 to Agreement No. 91-280 with Dedicated Dental Systems, Inc.
for pre-paid Dental Services.
Amendment No. 10 to Agreement No. 92-278 with Medical Eye Services and
Security Life Insurance Company for Vision Services.
9
Amendment No. 6 to Agreement No. 96-149 with PacifiCare Inc. for the Medicare
Risk plan Secure Horizons for retirees.
Amendment No. 2 to Agreement No. 00-262 with Pacific Union Dental for pre-paid
dental services.
Amendment No. 2 to Agreement No. 00-263 with PacifiCare Behavioral Health
of California, Inc. for Managed Mental Health Care.
October 24, 2002, 3:38PM
S:~ADMINRPT~2.003 health Care Contracts dot
ADMINISTRATIVE REPORT
RECOMMENDATION:
The Personnel committee recommends approval of the amendments.
BACKGROUND:
The City's contracts for health insurance are up for renewal for 2003. Our health care consultants, Buck
Consultants, have worked with various vendors in arriving at the renewal rates for 2003. At a
recommendation from Buck, the option of changing from Kern Foundation medical and dental plans for
preferred providers under the Blue Cross plans to Blue Cross Prudent Buyer for the preferred providers
was explored. Such a move would save the city and employees approximately 6% in premium increases
for the medical plan and 5% for the dental plan.
Changing to Blue Cross Prudent Buyer would not only save employees and the city money, but it would
also drastically increase the number of preferred providers (physicians, dentists, hospitals, etc.) not just in
Kern County but throughout the state of California.
The mental health, EAP and vision premiums are not changing. The overall medical premiums are
increasing 14.1% and dental premiums by 10.4%. The overall medical and dental increases are
comparable to the increases that Buck is seeing for other clients in the central valley of California.
The City's Insurance Committee, a meet and confer group, with representatives from all the employee
groups met, on September 17, 2002, with Buck Consultants and reviewed all of the renewal information.
The Insurance Committee recommended approval of the renewal information as well as the switch from
Kern Foundation to Blue Cross Prudent Buyer. In addition, they recommended changing the dental
maximum allowable per year on the Blue Cross Dental PPO plan from $1,500 to $2,500.
On September 17, 2002, the Personnel Committee also met and reviewed the renewal information. The
Committee members were in agreement with the consultants' recommendations as well as the Insurance
Committee's recommendations.
October 30, 2002, 3:10PM
S:~ADMINRPT~2.003 health Care Contracts dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.x.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 23, 2002
Quitclaim of canal easements 0Nard 4)
APPROVED
CITY MANAGER ~
RECOMMENDATION: Staff recommends approval of quitclaim deeds.
BACKGROUND:
In 1977, the City of Bakersfield purchased water rights from Tenneco West, Inc.. In that transaction the
City also acquired various canals, easements and right of ways associated with the distribution and
delivery of irrigation water. Subsequently, as farm land is replaced by urban development, certain canals
and ditches are no longer needed to distribute the irrigation water. When that happens, the property owner
or developer requests the City formally abandon the canal so they may fill the canal and incorporate it into
their developments. In northwest Bakersfield, near Calloway Road and Snow Road, three adjoining
property owners have requested the City to formally abandon portions of what is known as the "Four
Ditch". Downstream or west of these properties, the land has converted to urban uses and no longer
requires irrigation water service. The quitclaiming of this portion of the ditch will eliminate City
maintenance costs and remove liability to the City due to the open ditch. The property owners are: Norris
School District, Donald G. Wattenbarger and Connie R. Wattenbarger, Trustees of the Wattenbarger
Living Trust, dated May 4, 1994; and Tim Banks and Sharon Banks. The Water Resources Department
has reviewed their request and has determined the canal is no longer needed and should be formaIly
abandoned.
October 24, 2002, 11:41 AM
C:\Documents and Settings~danderso\Local Settings\Temp\QC canal ease doc
MEETING DATE: November 6, 2002
ADMINISTRATIVE REPORT Page 1
ITEM: 8.y.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 24, 2002
APPROVED
DEPARTMENTHEAD/~'.~'c~.~Y?~
ClTYATTORNEY ~-~ --
CITY MANAGER ~
Quitclaim of real property interest for boundary adjustment in the River Oaks Park Phase 3
Site, located West of South Allen Road, South of the Kern River Channel, to Communities
at River Oaks, LLC., A California Limited Liability Company. (Ward 4)
RECOMMENDATION: Staff recommends approval of the Quitclaim Deed and authorization for the
Mayor to execute the document.
BACKGROUND:
On September 17, 2002, the City Recreation and Parks Department received a request from
SmithTech/USA, Inc. on behalf of Communities at River Oaks LLC, to adjust property boundaries in the
future park at River Oaks Park, Phase 3, located east of South Allen Road. This adjustment is being
requested to accommodate the design of Tract 6034, Unit 2. Boundary adjustment includes City of
Bakersfield quitclaiming 4.34 acres to Communities at River Oaks and Communities at River Oaks
granting City of Bakersfield fee simple interest in 4.70 acres.
On September 24, 2002, the Recreation and Parks Department reviewed and approved the request
pending review and approval of legal descriptions and documents by Public Works / Subdivisions and
Property Management.
jw$
10/24/20022:39 PM
P:~ADMINFORMwpd
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
I ITEM: 8.z.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
October 29, 2002
DEPARTMENT HEAD
CITY A'I-FORNEY
CITY MANAGER
APPROVED
Memorandum of Understanding between the City of Bakersfield and the Assistance League
of Bakersfield for acquisition of the League's 13th Street parking lot for the Aquatic
Center/Ice Rink Project.
RECOMMENDATION:
Staff recommends approval of Memorandum of Understanding.
BACKGROUND:
The City must acquire real property currently owned by the Assistance League of Bakersfield
located north of 13th Street and used as a parking lot for the Aquatic Center/Ice Rink Project. The League
is amenable to an exchange of their property for a new parking lot to be constructed on property located at
the northeast corner of "O" Street and California Avenue in Bakersfield (the "Harper" property). The City is
presently negotiating with the owners of the Harper property to acquire their property for this exchange.
The Memorandum of Understanding between the City and the League makes clear that there is no
guarantee the Harper property will be acquired using eminent domain. The City is to use its best efforts to
acquire the property and it is presently believed that a private acquisition can be achieved.
BJT:MGA:dll
October 29, 2002, 1:17PM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.aa.
TO:
FROM:
DATE:
SUBJECT: 1.
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
October 30, 2002
APPROVED
DEPARTMENT HEAD
CITY A'rTORNEY. ~
CITY MANAGER
Approve Purchase Agreement, $3,000 with Jesus Romero to acq~Jire real property
located south of Williams Street for additional street right-of-way to provide access
to nearby residential properties. (Ward 1)
Transfer of $3,500 from Council Contingency to the Non-Departmental Budget in the
General Fund for the estimated closing costs and purchase of real property from
Jesus Romero.
RECOMMENDATION:
Staff recommends approval of the transfer and purchase agreement.
BACKGROUND:
This area was part of the Sunset Mayflower District annexation on January 29, 1951. After receiving
information from the Police Department of a fence being erected across the access road at Houser and
Williams Street, it was discovered that the paved access strip south of Houser Street was never dedicated
as a City street. This is the only access for several properties along the strip. Further investigation revealed
the property was first sold at County tax auction on July 25, 2001 to David Stuart who sold the property on
March 22, 2002 to Jesus Romero.
Acquisition of this property will provide public access to several properties that currently depend on the
paved access strip.
October 30, 2002, 2:02PM
S:\,Da me[[~dm [ns\jes us rom ero.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. bb.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 18, 2002
APPROVED
DEPARTMENT "EAD.~5~''~'~-
CITY ATrORNEY ~'~::7-~'~?
CITY MANAGER
Accept bid from Coalinga Motors, Incorporated, $111,749.14, for seven (7) midsize sedans
for Development Services (2 replacement, I additional), General Services (1 additional),
Wastewater Treatment (1 additional), Fire (1 additional), and Engineering (1 additional).
RECOMMENDATION:
Staff recommends acceptance of bid.
BACKGROUND:
follows:
Invitations to bid were sent to nine (9) vendors. Four (4) bids were received as
Coalinga Motors, Incorporated
625 East Elm Street
Coalinga, CA 93210
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
Hoblit Motors
P.O. Box 910
Woodland, CA 95776
Dilfer C-J-D
626 Cecil Avenue
Delano, CA 93215
(City)
in the amount of
in the amount of
With 1% Sale Tax consideration
in the amount of
in the amount of
$111,749.14
$124,321.66
$123,162.81
$128,037.88
$138,423.29
ADMINISTRATIVE REPORT
IMEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.cc.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ~ ~ ~
DATE: October 23, 2002 CITY ATDORNEY ~¢r-i~----
CITY MANAGER ~
SUBJECT:
Accept bid from Central Valley Truck Center, $57,945.03, for one (1) additional Dump Truck
for Public Works.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations were sent to ten (10) vendors. Six (6) bids were received, as follows:
Central Valley Truck Center
2707 South East Avenue
Fresno, CA 93725
in the amount of
$57,945.03
Bakersfield Truck Center
8140 Golden State Highway
Bakersfield, CA 93308
(County)
~n the amount of
$60,196.23
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
E. M. Tharp, Incorporated
15243 Road 192
Porterville, CA 93257
(City)
m the amount of
with 1% Sales Tax consideration
~n the amount of
$61,253.11
$60,682.06
$61,722.38
Gibbs International
3525 Buck Owens Boulevard
Bakersfield, CA 93308 (City)
Golden State Peterbilt
1450 South Union Avenue
Bakersfield, CA 93307
in the amount of
with 1% Sales Tax consideration
$62,725.16
$62,140.31
(City) in the amount of $64,290.00
with 1% Sales Tax consideration $63,690.50
Purchasing Division
DW:Ijm
P:~ADMIN~2002 ADMIN\C02 1106 D_Dump Truck.doc
October 23, 2002, 10:07AM
ADMINISTRATIVEREPORT
MEETING DATE: November 6, 2002 I AGENDA SECTION: Consent Calendar
I
ITEM: 8. dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
October 24, 2002
/~I~PPROVED
DEPARTMENT HEAD
C,T¥ MA.AGER
SUBJECT:
Accept bid to award contract to Graham Prewett, in the amount of $170,000 to replace the
roof on the main portion of the Police Department Building. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of the Iow bid and award the contract to Graham
Prewett.
BACKGROUND: This project consists of roof replacement of the main portion of the Police Department
Building, including the stairwell roof. This project will install a new 'cool roof' as recommended by the California
Energy Commission.
The engineer's estimate for the works is $165,000. Funds for this project are included in the Fiscal Year
2002-03 Capital Improvement Budget.
Six acceptable bids were received on August 26, 2002. The apparent low bid was submitted by Garcia
Roofing and has subsequently withdrawn their bid (letter attached). The bids are listed as follows:
Garcia Roofing
201 Mt. Vernon Avenue
Bakersfield, California 93307
Bid Total: $166,250
Graham Prewett
1220 East Nodh Street
Fresno, California 93725
Bid Total: $170,000
B & R Roofing
4667 N. Blythe Avenue
Fresno, California 93322
Bid Total: $183,000
Best Roofing & Waterproofing
19027 So. Hamilton
Gardena, California 90248
Bid Total: $199,900
Cuesta Roofing & Construction
4548 Broad Street, Ste. 210
San Luis Obispo, California 93401
Bid Total: $222,660
M.S. Walker & Associates
3551 Pegasus
Bakersfield, California 93308
Bid total: $197,990
G:\GROUP DAT~ADMINRPT~2~Nov 6~BPD_roofing.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.ee.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 23, 2002
APPROVED
DE.AR ME.T.EAD/ '
Accept bid from Pursuit Technology, Incorporated, $74,922.12, for Vehicle Lightbars and
Miscellaneous Accessories.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to ten (10) vendors. Four (4) bids were received, as follows:
Pursuit Technology, Incorporated
8331 Artesia Boulevard
Buena Park, CA 90621
Pursuit Technology, Incorporated
880 Howe Road
MarUnez, CA 94553
Advanced Distribution Company
3920 East Brundage Lane
Bakersfield, CA 93307
Safety 911
128 Beachside Avenue
Westpont, CT 06880
in the amount of
in the amount of
$74,922.12
$77,686.38
(City) in the amount of $82,011.45
with 1% Sales Tax considerat/on $81,246.77
in the amount of
$82,429.78
Purchasing Division
DW:Ijm
P:~ADMIN~002 ADMIN\C02 1106_E_Vehicle Lightbars.doc
October 23, 2002, 12:07PM
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. ff.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 29, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~-'.,~
CITY MANAGER
SUBJECT:
Relocation of Friant Kern Canal at the Intersection of Olive Drive and Calloway Drive.
(Ward 4)
1. Accept bid to award contract to Vadnais Corporation, $3,339,244.00);
2. Appropriate $785,300 fund balance to the Capital Improvement Budget and transfer
$894,700 of existing Capital Improvement Project appropriations within the
Transportation Development Fund for this Project.
RECOMMENDATION:
Staff recommends acceptance of Iow bid, award of contract, and approval of
appropriation and transfer.
BACKGROUND: Construction of full width street improvements within the intersection of Olive Drive
and Calloway Road requires extensive modifications to the existing Friant-Kern Canal and the Calloway
Canal. Staff has been working with the operators of both Canals to obtain their approval of the City's
design and to coordinate a construction time frame compatible with canal operations.
In July 2002, the owner of the Friant-Kern Canal informed staff that they would shut down operations of
their canal during December 2002 and January 2003. This provided a window of opportunity for the City
to construct the canal relocation elements of the project much sooner than expected. The next canal shut
down most likely will not occur for another three years. This current contract provides for the relocation of
the Friant-Kern Canal within this intersection during the limited window of opportunity. Construction of the
street improvements will be accomplished through future contracts.
Currently, the project has approximately $2,000,000 in available, budgeted funds. In order to fully award
this project, additional funds must be identified. Staff proposes to use a combination of project deferrals
and appropriation of fund balance to make up this deficit.. The following projects are proposed to be
deferred until the 2003-2004 fiscal year:
ADR - PW Engr
October 29, 2002, 7:58PM
G:\GROUPDAT~ADMINRPT~2002~OV 6\FriantKem Relocation.dot
ADMINISTRATIVE REPORT
Project Deferred
Name Project No. Amount
Street Improvement @ various RR Crossings T1K027
Bridge Construction Hageman Rd. @ State Rte. 99 TOK012
Stockdale Hwy. Median Reconstruction T3K053
White Ln. Widening @ State Rte. 99 (prior year carry over) T8K002
Traffic Signal Hageman Rd. @ Jewetta Rd. T3K055
$384,500
$100,000
$200,000
$70,300
$139,900
$894,700
It should be noted that none of the projects proposed for deferral will have an adverse effect on project
delivery.
Staff recommends appropriating $785,300 of fund balance. These 3 funding sources (current budget,
project deferrals, and fund balance) total $3,680,000. Additional funds, over the bid amount, are
requested for design/inspection costs, potential contract change orders, materials testing, and other
miscellaneous expenses.
On October 29, 2002, five acceptable bids were received as follows:
Vadnais Corporation
9164 Rehco Road
San Diego, Ca 92121
Granite Construction Company
18850 James Road
Bakersfield, CA 93308
(out of town
in the amount of
$3,339,244
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93387
(county) in the amount of $3,731,373
ARB
26000 Commercentre Drive
Lake Forest, CA 92630
(city) in the amount of $3,769,752
in the amount of
Colich & Sons
547 West 140th Street
Gardena, CA 90248
(out of town
in the amount of
(out of town
$3,976,957
$3,995,000
ADR - PW Engr
October 30, 2002, 8:25AM
G:\GROUPDAT~ADM[NRPT~2.002~Nov 6\FdantKem Relocation.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.q.q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas
October 23, 2002
APPROVED
DEPARTMENT HEAD r~~
CITY ATTORNEY ~ '~,-"~
CITY MANAGER ~
Accept bid to award contract to Gantry Constructors, Inc. ($1,305,700) for the construction
of Wastewater Treatment Plant #3 - 2002 Headworks Upgrade (Ward 6)
RECOMMENDATION: Staff recommends acceptance of iow bid and award of contract.
BACKGROUND: This upgrade to the to the City of Bakersfield wastewater Treatment Plant #3
Headworks consists of replacing and installing bar screens, a submersible pump and washedcompactors,
as well as repairs and coating of concrete surfaces in various locations throughout the plant. The
Engineer's Estimate for this project was $1,451,045.
Five acceptable bids were received on September 26, 2002 as follows:
Gantry Constructors, Inc.
917 Main Street
Clarksdale, AZ 86324
Out of town
In the amount of
$1,305,700
Kirkwood-Biy, Inc.
3345 Industrial Drive #10
Santa Rosa, CA 95403
Out of town
In the amount of
$1,408,400
HPS Mechanical Inc.
3100 E. Bell Terrace
Bakersfield, CA 93307
City In the amount of $1,421,226
Kaweah Construction Co.
1911 N. Fine Avenue
Fresno, CA 93727
Outoftown
In the amount of
$1,518,909
Mauldin-Dormeier Constr., Inc.
3240 N. Millbrook
Fresno, CA 93726
Outoftown
In the amount of
$1,761,900
I 0,24,0210:14 AM
G GROU?DAT'ADM INRPT2002 No~ 6x,~, ~A, TP,~3 2002hdwrksupgrd dot
Administrative Report
I
MEETING DATE November 6, 2002 I AGENDA SECTION: Consent Calendar
I
ITEM: 8. hh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M Rojas, Public Works Director
October 25, 2002
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Accept bid to award contract to California Electric Supply ($75,527.60) for decorative
street lights for Lakeview Avenue Streetscape. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND:
This project consist of constructing median islands in Lakeview Avenue from Virginia Avenue to
California Avenue. This new lighting will enhance the community and is an integral part of the project.
The Engineeds Estimate for these lights was $80,000.
Three acceptable bids were received on October 24, 2002 as follows:
California Electric Supply
3301 N. Sillect Ave.
Bakersfield, CA 93308
City In the amount of $75,527.60
Stewart Electric Supply, inc.
1701 30th Street
Bakersfield, CA 93301
City in the amount of $75,895.47
Graybar Electric Co.
6100 Schirra Court
Bakersfield, CA 93313
City In the amount of $76,266.80
W[rn 1012512002 10.52 AM
G:\GROUPDAT\ ADMINRPT\ 2002\Nov &\ Lakeview Ave. Streetscape S[reet Li§ht Purchase.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
TEM: 8.ii
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: October 29, 2002 CITY ATTORNEY"~
MANAGER
SUBJECT:
Approval of Community Development Block Grant (CDBG) Action Plan Amendment No. 7
(FY96/97), Amendment No. 12 (FY 98/99), Amendment No. 10 (FY99/00), Amendment No.
7 (FY 00/01), Amendment No. 6 (FY01/02, and Amendment No. 2 (FY 02/03). WARD 1
1) Appropriate $100.000 uncommitted CDBG Funds to the Economic and Community
Development Department, Capital Improvement Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendments affect CDBG program funds from FY 96/97 ($62,842), FY
98/99 ($12,809), FY 99/00 ($20,809), FY 00/01 ($39,191), FY 01/02 ($98,534) and FY 01/02 ($125,000).
These amendments are needed to reflect the spending plan approved by City Council at the September
18, 2002 meeting for Southeast Bakersfield projects funded with Community Development Block Grant
funds.
Lakeview Avenue Streetscape Proiect - Installation of streetscape improvements to include street
reconstruction, curb and gutter, sidewalks, streetlights, etc. on Lakeview Avenue between East California
Avenue and Virginia Avenue:
FY 96-97
FY 96-97
FY 98/99
FY 99/00
FY 00/01
FY 01/02
FY 01/02
FY 02/03
Business Loan Program $22,842
Clearance and Demolition Program $40,000
Clearance and Demolition Program $12,809
Clearance and Demolition Program $20,809
Clearance and Demolition Program $39,191
Enterprise Zone Area Marketing/Training $13,534
Lead Base Paint Testing and Mitigation $85,000
Acquisition and Demolition Program $25,000
Lakeview Streetscape Funding Total
$259,185
S:~Admins\City Council\CDBG Amendment 10-4-02 doc
10/29/2002 9:15 AM
ADMINISTRATIVE REPORT Page 2
Union Avenue Street Proiect - Street improvements to include street reconstruction, curb, and gutter,
sidewalk and related improvements within the area between "V", 4th, 3rd streets, and Union Avenue.
CDBG Program savings of $100,000 from various years Capital Improvement Projects are proposed to
complete the Union Avenue area street improvements project.
A public notice was published October 4, 2002 to begin the 30-day public comment period for the
proposed amendment. To date no public comments have been received.
S:~Admins\City Council\CDBG Amendment 10-4-02.doc
10/29/20029:15 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.j,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
October 18, 2002
APPROVED
CITY ATTORNEY ~..~/~
CITY MANAGER ~
Appropriate $4,400 PG & E grant fund contributions to the Southeast Bakersfield
Redevelopment Project Area, operating budget for the Southeast Bakersfield Business
Assistance Program. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City of Bakersfield has received grant funds of $4,400 from Pacific Gas and Electric
Company to assist Southeast Bakersfield businesses. Combined with Southeast Bakersfield
Redevelopment funds ($5,000), the PG&E grant will provide small business workshops and
individual counseling to start-up and small businesses to help develop their business plans. Staff
applied to PG&E's Local Economic Grant Program which provides gap funding for important local
economic development programs that impact a community's economic health.
The Bakersfield Redevelopment Agency will contract with the Weill Institute Small Business
Development Center of Bakersfield College to provide workshops and counseling using
experienced business instructors and counselors. The program developed by staff will help
overcome obstacles of transportation and lack of resources that businesses face by bringing
training directly to locations in Southeast Bakersfield. The workshops and training should begin
in November and run through March. By providing training to start-up and small businesses now,
many individuals will be in a better position to open small businesses as the City begins many
streetscape improvements to the main commercial areas in the Southeast.
S:tAdmins\City Council~Appropriation of PGE grant for SE business workshops doc
10/22/2002 8:34 AM
ADMINISTRATIVE REPORT
I MEETING DATE: November 6, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8. kk
TO: APPROVED/~
FROM: DEPARTMENT HEAD(I1
DATE: CITY ATDORNEY
CITY MANAGER ~
SUBJECT: Reorganization within the Solid Waste Division to change one vacant Clerk Typist position to
an Account Clerk II position.
Honorable Mayor and City Council
Raul Rojas, Public Works Director
September 16, 2002
RECOMMENDATION: Staff recommends approval of the proposed reorganization.
BACKGROUND: The Solid Waste Division staff performs administrative functions for all refuse accounts
within the City, whether serviced by private or municipal crews. These functions include setting up
accounts for new homes and businesses, management of service level changes for existing customers,
and billing functions. Customer calls and contacts are handled by a team of five Clerk Typists, while
billing and accounting functions are handled by two Account Clerk II's and one Revenue Program Aide.
With continual growth in the number of refuse accounts, and with the addition of new billing functions this
year for the many recycling loads going to the new Construction and Demolition (C&D) Material Recycling
Facility, the billing and accounting workload has increased. A short term solution has been to use help
from one of the Clerk Typist positions. However, the billing functions are above the scope of the Clerk
Typist job classification. To continue absorbing the increased workload without adding a new position,
staff requests eliminating one vacant Clerk Typist position and adding a new Account Clerk II position.
This reorganization will increase annual costs by $3,500.
kb
G:'GROUPDAI~ADMINRFP,2002~,Nov 6'Solid Waste Reorgani:,~.tion Oct.2002.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 8, 2002
AGENDA SECTION: Consent
ITEM: 8.11.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: October 11, 2002 CITY ATTORNEY ~ ~//'~::i
CITY MANAGER ' ,~z~
SUBJECT:
Accept Centennial Garden and Convention Center Financial Statements for 2001-02 Fiscal
Year.
RECOMMENDATION:
Budget and Finance Committee recommends acceptance of the Centennial Garden and Convention
Center Financial Statements.
BACKGROUND:
The Budget and Finance Committee reviewed the Bakersfield Centennial Garden and Convention Center
Financial Statements for the year ending June 30, 2002, audited by Barbich, Longcrier, Hooper & King
Accountancy Corporation.
The audit shows SMG's operation of the facility has resulted in a savings of $809,523 compared to
operations prior to the contract between Ogden and their successor SMG and the city. A spreadsheet is
attached to the administrative report which shows the annual savings over the past four years. During
this time the city has saved $2,937,409.
(jws)
October 11, 2002, 4:37PM
S:~JOHN\Council Committees\Budget & Finance\Centennial Garden Financia[ Statements Admin,doc
ADMINISTRATIVE REPORT
IMEETING DATE: November 6, 2002
AGENDA SECTION: Consent
ITEM: 8.rn~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 11, 2002
~/_.~/~ROVED
DEPARTMENT/HEAD//¢> , ~
CITY MANAGER ~'~
Revision to Conflict of Interest Code for the Metropolitan Bakersfield Habitat Conservation
Plan Implementation Trust Group
RECOMMENDATION:
Approve the Revised Conflict of Interest Code for the MBHCP Implementation Trust Group.
BACKGROUND:
Attached for your consideration is a revised Conflict of Interest Code for the MBHCP
Implementation Trust Group. The proposed revisions consist of minor changes that are necessary
because of recent State legislation. The affected portions of the Conflict of Interest Code are
Sections 8 and 8.1, found on pages 7 and 8, respectively. Additions to the code are indicated as
underlined and deletions are shown as shaded.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on
August 25, 1993. Following final approval by State and Federal wildlife agencies, the MBHCP
became operational in August, 1994. The MBHCP assists the development community in
complying with the State and Federal Endangered Species Acts. Under the terms of the MBHCP,
the program offsets the loss of endangered species habitat in the Metropolitan Bakersfield area
through the acquisition and maintenance of non-urban habitat land. These lands provide for the
benefit and continued existence of plant and wildlife species addressed by the MBHCP program.
In turn, the program allows for continued economic growth.
The MBHCP is administered under a joint powers agreement between Kern County and the City of
Bakersfield. The program is managed by the MBHCP Implementation Trust Group, which is
composed of representatives from the City of Bakersfield and Kern County, and includes advisory
members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service,
and a public at-large member. The MBHCP Implementation Trust Group operates in accordance
with the attached Conflict of Interest Code.
The Kern County Board of Supervisors approved this item on October 22, 2002.
JM:pjt
Admin\nov\l 1-6-hcp
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.nn.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
October 30, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate funds to Redevelopment Agency Capital Improvement Budget for property
acquisition for Baker Street Mixed Use Project. (Ward 2)
1) Appropriate $89,000 Old Town Kern Redevelopment Area, Housing Fund Balance
to the Old Town Kern Housing Fund, Capital Improvement Budget.
2) Appropriate $137,000 Old Town Kern Redevelopment Area, Operating Fund
Balance to the Old Town Kern, Capital Improvement Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Redevelopment Agency authorized the Economic and Community Development Department to work
in conjunction with state, federal and local interests on the revitalization of historic Old Town Kern. The
Old Town Mixed Use Project includes the development of 40,000 square feet of retail space, rehabilitation
of 23,000 square feet of existing retail and the construction of 50 units of senior housing. On October 7,
2002, the Agency approved the Replacement Housing and Relocation Plans outlining how the Agency will
relocate, rehabilitate, develop or construct, for rental or sale to persons of Iow and moderate income. The
purchase of these properties located at 1020 and1030 King Street is consistent with the Redevelopment
Agency and City Council goals of Urban Renewal through development and removal of blight and will
provide for the development of the senior housing component of the Old Town Kern Mixed Use Project.
The above action simply appropriates funds to carry out the Agency's Redevelopment Plan.
The total purchase price for both properties is $150,000, a result of City and property owner negotiations
and an appraisal prepared by Michael Burger, MA.I of Michael Burger & Associates. The Bakersfield
Redevelopment Agency approved the purchase of 1020 and 1030 King Street on November 4, 2002.
Other costs associated with the acquisition of these properties will include normal closing costs, i.e.
escrow fees and title insurance, relocation assistance, and demolition costs. Staff intends to use the
balance ($76,000) of Old Town Kern - Pioneer Redevelopment Project Area tax increment funds for these
activities.
S:~Adrnins\City Council\King St AppropdatJons doc
10/30/2002 10:03 AM
ADMINISTRATIVE REPORT Page 2
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Director. Also, on June 6, 2002, the Planning Commission found the acquisition of this property consistent
with the Metropolitan Bakersfield 2010 General Plan.
S:~Admins\City Council\King St Appropriations.doc
10130/200210:03 AM
ADMINISTRATIVE REPORT
AGENDA SECTION: Hearings
MEETING DATE: November 6, 2002 ITEM NO: 9. a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 14, 2002
DEPARTMENT HE~
C TY
CITY MANAGER
Appeal by Bob and John Stevens of the denial of a site plan review (File No. 02-
0751) for the construction of an 8,895 square foot adult entertainment business on a
site zoned M-1 (Light Manufacturing) located at 3900 N. Sillect Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the decision of
the Development Services Director and Planning Commission.
BACKGROUND:
The applicants propose to construct an 8,895 square foot two-stow building for use as an adult
entertainment business. The site is undeveloped encompassing 1.59 acres. Adjacent land uses
consist of a veterinary office to the west and the United Parcel Service (UPS) facility to the
southeast.
The adult business will be comprised of a theater with live entertainment, retail sales of adult-
related merchandise and office space. The theater will have a stage on the main floor of the
facility with 1 st floor seating and 2nd floor balcony seating that will accommodate a total of 220
patrons. The proposal includes construction of 100 parking spaces (67 spaces are required by
ordinance), landscaping, and new street frontage improvements along N. Sillect Avenue.
The site is zoned M-1 which allows an adult entertainment business by right. The zone also allows
any use permitted in the C-0, C-1 and C-2 zones which include theaters, retail sales, and office
uses. In addition to the normal development requirements for new construction, the zoning
ordinance requires that an adult entertainment business meet the separation and distance
requirements in Chapter 17.69. Section 17.69.040(A) states that it is unlawful to establish an adult
entertainment business as follows:
It cannot be within 1,500 feet of any property zoned for residential use whether or not
located within the City.
It cannot be within 1,000 feet of any other adult entertainment business whether or
not located within the City.
ADMINISTRATIVE REPORT
page-2-
It cannot be within 1,500 feet of any public or duly licensed private school whether or
not located within the City, excluding any vocational or professional school or any
college.
It cannot be within 1,500 feet of any developed park or public playground, of any
public library or of any church or other religious facility which people regularly attend
to hold religious services or meetings whether or not located within the City.
On August 8, 2002, the Development Services Director denied the site plan review for the
proposed adult entertainment business. The basis for this denial was that the project was found to
be within 1,500 feet of property zoned for residential use (see ordinance reference #1 above).
The Director's letter states that a mobile home park exists approximately 950 feet southwest of the
project site which is zoned M-1-T (Light Manufacturing - Trailer Park). The Director determined
that the T zone is a residential zone and that the 1,500 foot separation would apply to the
proposed adult business from this park. Therefore, he could not approve the project as it would be
in violation of city ordinance.
On September 5, 2002, the Planning Commission heard an appeal by the applicant of the
Director's denial. Although other issues were noted in the appellant's letter, concerning the
appropriateness of the existing ordinance regulations and available sites, the Commission was
limited in their authority under the appeal to only determine if the Development Services Director
correctly applied the ordinance. They found that the Director's denial was consistent with the
ordinance as the proposed adult business would violate ordinance reference number 1 above and
denied the appeal.
Review by the City Council of an appealed site plan is limited to a determination of whether or not
an adopted development standard, zoning regulation, or policy applied or not applied to the project
was done consistent with authority granted by city ordinance. No authority is granted to add,
delete, change or modify adopted standards, regulations or policies except as required to comply
with conditions necessary to mitigate unavoidable environmental impacts. After hearing the
appeal, the City Council may deny, grant or partially grant the appeal by directing changes to the
project or to the CEQA document adopted or to the mitigation measures as necessitated by their
findings regarding the issues appealed.
The applicants' appeal identifies a number of issues which staff has summarized below (a
response to each is in italics):
The Planning Commission refused to consider any argument or evidence on the
constitutionality of the ordinance. The Commission was also programmed to say as
little as possible and render a decision without regard to public comment.
The Planning Commission was limited by the appeal to specifically address whether or
not the Development Services Director applied the ordinance correctly to the proposed
adult business. It was not within their purview to discuss constitutional issues. They
were presented with the facts of the case and heard testimony from the attorney
representing the applicants. The allegation by the applicant that the Planning
Commission was "programmed" is unsubstantiated. The issue was straight forward
and little debate was necessary as the Commission needed to either agree or disagree
October 14, 2002, 9:~OAM
P:L~dult ClUb SPR 02-0751 adm¢n.doc
ADMINISTRATIVE REPORT
page-3-
with the Director that the proposed adult business would be less than 1,500 feet from
property zoned for residential use. The Commission considered all of the information
before them in the staff report, appellant's letter and testimony at the hearing (the only
public testimony given was by the applicant's attorney and no one spoke in favor of
staff's recommendation). They found that the Director correctly applied the ordinance
in denying the site plan as the proposed business would be inconsistent with the
existing zoning regulations. Therefore, the appeal was denied.
2. The 1,500-foot separation restriction is not justified and is unreasonable standard.
The Council does not have the authority under this appeal process to address this
issue. The purpose of site plan review is to examine a project's consistency with
minimum ordinance standards. The Development Services Director must apply the
adopted regulations in place at the time of review. He does not have the discretion to
waive or determine some other standard is appropriate that is contrary to the
ordinance. The appeal is limited to whether the Director correctly or incorrectly applied
the ordinance to this project. The appellant makes comparisons with other
communities' standards as being more appropriate but that is not relevant under this
review. The findings for this project must be made with respect to the City of
Bakersfield's ordinance standards, not some other community's standard.
3. There are not sufficient sites in the city to satisfy constitutional requirements.
The Council does not have the authority under this appeal process to address this
issue. The appeal is whether the Director has correctly applied the ordinance in
denying the site plan. It was noted to the Planning Commission that the City Council
determined in February 2000 with the adoption of Resolution No. 14-00, that an
adequate number of areas exists for the placement of adult entertainment businesses
based on a detailed study conducted by the Planning Department.
4. None of the existing adult businesses are zoned expressly for adult uses. They are
operating as nonconforming uses or under special permit.
Although this issue is not relevant conceming the appeal, the comment is not
technically correct. The three existing adult business are located in the C-2, C-B and
M- 1 zones. These zones specifically permit an adult oriented business by right and not
under any special permit. They were established in compliance with the ordinances in
place at that time. However, because of changes to the ordinance and sensitive uses
being constructed near these uses over time, they no longer meet the code regarding
separation and distance requirements but are considered legal nonconforming uses.
The mobile home park at 3219 Gulf Street is not zoned T. The T zone does not exist in
the Bakersfield Municipal Code. The mobile home park cannot be recognized as being
within a residential zone.
Research into the history of this park revealed that when it was initially annexed in
1966, the park was zoned M-1-T-D (Light Manufacturing - Trailer Park - Architectural
Design). The T and D zones are combining zones to the M- 1 zone. The D zoning was
ADMINISTRATIVE REPORT page-4-
removed in 1998 when the city rescinded the zoning ordinance text for the Architectural
Design regulations and removed the D designation from the official zoning maps.
The T (Trailer Park) zone, which was created in 1960, existed in the zoning ordinance
until 1969 when it was replaced with the MH (Mobile Home) zone. Properties with the T
zoning designation were rezoned MH but this property was overlooked resulting in the
T designation remaining. It was the Director's determination that since the T zone
permitted residential uses by right (as does the MH zone which replaced the T zone),
that the mobile home park is within a residential zone. As pointed out by the Planning
Commission during their appeal hearing, the intent of the separation requirements is to
protect existing residential areas.
6. The applicants relied on the city's zoning maps to purchase their property and the
mobile home park is shown to be zoned M-1 not T.
The official zoning maps of the city show the mobile home park as being zoned M- I-T.
These maps have shown that zoning since this series of maps was adopted on January
19, 1989. The applicants were first made aware of this zoning when their proposal at
3775 Buck Owens Blvd. was denied on April 12, 2002. When consulting with Planning
staff regarding the present location on July 18, 2002, staff noted that this new site was
possibly within 1,500 feet of the mobile home park on Gulf Street and followed up with
a letter on July 23, 2002 confirming that fact. The applicants, however, still proceeded
to submit an application for site plan review on July 25, 2002. Staff notes that this
property is currently owned by the Stevens' (Robert 2/3~d$ interest and John 1/3'd
interest) which closed escrow July 19, 2002.
Although the appellant has identified many issues concerning the city's ordinance, the only issue
that can be addressed under this appeal is whether the Development Services Director properly
applied the requirements in denying the site plan. Basically, is 950 feet less than 1,500 feet? The
facts show that since the combining T zone allows residential uses by right, it is a residential zone
district and the proposed adult entertainment business cannot be within 1,500 feet of property
zoned for residential use as restricted by Section 17.69.040 (A.1 .). Since the mobile home park is
only 950 feet away, the Director was required to deny the site plan as it did not meet the minimum
ordinance requirements and this was also confirmed by the Planning Commission. Therefore, it is
recommended that the appeal be denied.
Staff notes that the Council has received background information apart from this report concerning
the various minutes and ordinances referred to in the appellant's letter.
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Hearings
ITEM: 9.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
October 28, 2002
AP...PROVED
DEPARTMENT HEAO
C l TYA TT O RN EY-/' ,~'/~-~-~
CITY MANAGER
Appeal by Stier's Leisure Vehicles, Inc. of the Board of Zoning Adjustment's approval of a
Conditional Use Permit (No. 02-660)to allow a recreational vehicle sales and service center
within and adjacent to an existing 102,492 square foot vacant home improvement building
in a C-2 zone district at 6801 Colony Street. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the decision of the Board of Zoning
Adjustment.
BACKGROUND:
Two issues were raised on appeal. The first being the application is invalid because it was not
signed by the properly owner, and the second being that the use will cause closure of a competing
business within the auto mall causing blight to the area.
This item was continued from the meeting of September 18, 2002 to allow the applicant time to
secure a signature from the property owner on the application. The applicant is proposing to
occupy a vacant 102,492 square foot building with a service facility and related improvements
that were previously occupied by a home improvement store (Home Base/House 2 Home). A
portion of the parking lot will also be dedicated for use as a recreational vehicle sales and
display area (refer to the attached BZA staff report for additional specifics of the proposal). The
previous business ceased activities over a year ago as the company went bankrupt.
The applicant has informed staff that as of the date of this report, they have not secured the
property owner's signature which is HCCA Realty Corporation. Wayne Kress, realtor with CB
Richard Ellis representing the applicant, stated at the meeting that HCCA (which is in
bankruptcy), is under contract to sell the property to RSM Development who in turn is selling
the property to the applicant, Venture Out RV. Mr. Kress states that they will have RSM's
signature, but is less confident about HCCA since they have no motivation to provide it
because their contract is to sell the property to RSM as part of the bankruptcy settlement.
However, Mr. Kress will continue his attempts and will update the Council at the meeting.
ADMINISTRATIVE REPORT
Also attached to the packet are two memoranda from the Planning Director in response to Council inquires
to this issue. Staff notes that there have been eight conditional use permit applications where an agent
signed on behalf of the property owner. Of those eight, three applications were city initiated that included
two senior housing projects and the downtown multipurpose stadium. These projects had multiple
properties involved and it was in the city's interest to pursue this course due to funding and Council
deadlines. In these instances, the property owners were aware.
JEGG
Admin\p:admin\l 1-6-660
MEETING DATE:
ADMINISTRATIVE REPORT
November 6, 2002 AGENDA SECTION: Hearings
ITEM: 9.c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 18, 2002
//~OVED
DEPARTMENT H E ~/.~?'~/~
A rORN ¢'
/
CITY MANAGER
SUBJECT: General Plan Amendment P01-0102 (City Wide)
State law requires review and revision of the Housing Element of the Metropolitan Bakersfield 2010
General Plan by June 30, 2002.
Resolution approving the Negative Declaration, adopting the Housing Element Update and
directing staff to transmit the adopted Housing Element to the State Department of Housing And
Community Development.
RECOMMENDATION:
Motion to adopt the resolution.
BACKGROUND:
The "Housing Element is one of the seven mandated elements which constitute the general plan.
The intent and content of the Housing Element as enacted by the state legislature are as follows:
Government Code, Planning and Zoning Law
Section 65581 - Housing Element Intent
(a)
To assure that counties and cities recognize their responsibilities in contributing to the
attainment of the state housing goal.
(b)
To assure that counties and cities will prepare and implement housing elements which,
along with federal and state programs, will move toward attainment of the state housing
goal.
(c)
To recognize that each locality is best capable of determining what efforts are required by it
to contribute to the attainment of the state housing goal, provided such a determination is
compatible with the state housing goal and regional housing needs.
(d) To ensure that each local government cooperates with other local governments in order to
address regional housing needs."
ADMINISTRATIVE REPORT Page2
Section 65583 - Housing Element Content
"The housing element shall consist of an identification and analysis of existing and projected
housing needs and a statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of housing. The housing
element shall identify adequate sites for housing, including rental housing, factory-built housing, and
mobile homes, and shall make adequate provision for the existing and projected needs of all
economic segments of the community. The element shall contain all of the following:
(a)
An assessment of housing needs and an inventory of resources and constraints relevant to
the meeting of these needs ....
(b)
A statement of the community's goals, quantified objectives, and policies relative to the
maintenance, preservation, improvement, and development of housing ....
(c)
A program which sets forth a five-year schedule of actions the local government is
undertaking or intends to undertake to implement the policies and achieve the goals and
objectives of the housing element through the administration of land use and development
controls, provision of regulatory concessions and incentives, and the utilization of
appropriate federal and state financing and subsidy programs when available and the
utilization of moneys in a Iow- and moderate- income housing fund of an agency if the
locality has established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 commencing with Section 33000) of the Health and Safety
Code)...."
The Draft Housing Element has all of the content as required by state law.
The Negative Declaration/Initial Study and Draft Housing Element was transmitted to the State
Clearinghouse for a 30 day review by state agencies. A one-eighth page notice was also published
in The Bakersfield Californian stating that the Planning Commission would conduct a public hearing
on the Housing Element Update. Upon completion of the Commission's review of the Housing
Element Update, the Element was then transmitted to the State Department of Housing and
Community Development (H&CD) for a 90 day review and comment period. Comments by H&CD
have been incorporated into the Element Update. Upon adoption by the Council, it will be
transmitted to H&CD.
RED:pjt
Admin/nov/11-6
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002 AGENDA SECTION: Hearings
ITEM: 9.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 11, 2002
DEPARTMENT HEAD /'~P '~7~D
C,TYA OR.EY '
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 02-0659 (Ward 3)
Maximus III Company and the Neighborhood Empowerment & Economic Development (N.E.E.D.)
proposed a General Plan Amendment and an ordinance amendment for approximately three acres,
located along the north side of W. Columbus Street, generally west of Union Avenue.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designation from LMR (Low Medium Density Residential) to HMR (High
Medium Density Residential) on three acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 103-18 from C-1 (Neighborhood Commercial) and C-2 (Regional
Commercial) to R-2 (Limited Multiple Family Dwelling) on three acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general
plan amendment and first reading of the Ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of multiple-family residential uses.
The property owner of the Royal Palms Mobilehome Park located north and west of the site has opposed
the request. They have stated that the higher density for the site would negatively impact their property
and cause additional traffic for the area. However, the City Traffic Engineer has reviewed the traffic
analysis that was submitted with the application and does not anticipate a significant impact to the
circulation system with the proposed mitigation for the project. Therefore, staff recommended that the
request be adopted.
ADMINISTRATIVE REPORT Page2
The Planning Commission conducted public hearing(s) on September 16 and 19, 2002, for this General
Plan Amendment/Zone Change and recommended City Council approval. No other issues were raised at
the hearings. The applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 12, 2002, in
accordance with CEQA.
MO:pit
Admin\nov\l 1-6-0659
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Hearings
ITEM: 9.e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 11, 2002
DEPARTMENT HEAD(,,,
CITY ATTORNEY /
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 02-0609 (Ward 4)
Soper Homes Inc. has proposed a General Plan Amendment and an ordinance amendment for
approximately 20 acres, located at the southwest corner of Brimhall Road and Jenkins Road.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designation from R-lA (Resource-Intensive Agriculture) to SR
(Suburban Residential) on 20 acres and to amend the Circulation Element by deleting
Jenkins Road south of Brimhall Road as a collector segment.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-35 from A (Agriculture) to E (Estate) on 20 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general
plan amendment and first reading of the Ordinance~
BACKGROUND:
This amendment to the general plan would permit the development of single family residential units.
During the public hearing process, the neighbors east of the project site were concerned with additional
traffic from the project site to Appaloosa Street. The applicant and staff met with the neighborhood prior to
the hearing and as a result Public Works, Fire staff and the applicant came up with a solution to the
neighbors concerns. The solution is to construct a barrier (median) along Jenkins Road to restrict access
from the project site to Appaloosa Street. This would allow a secondary access/exit to and from the
project site, which is needed by the Fire Department. The neighborhood representative has reviewed the
solution and is in agreement with the construction of such restriction.
ADMINISTRATIVE REPORT Page2
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change
and recommended City Council approval on September 19, 2002. The applicant agreed to all conditions
and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 12, 2002, in
accordance with CEQA.
MO:pjt
Admin\nov\l 1-6-0609
ADMINISTRATIVE REPORT
IMEETING DATE: November 6, 2002
AGENDA SECTION: Hearings
ITEM: 9.f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 15, 2002
,,ROVEDDEPARTMENT HEA~../~,~'
CITY A'I-I'O R N E'~"'~/
CITY MANAGE~
SUBJECT: Concurrent General Plan Amendment/Zone Chanqe No. 02-0626 (Ward 1)
Mclntosh and Associates has proposed to amend the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan by changing the land use designation from HI (Heavy Industrial) to
LI (Light Industrial) on 9.93 acres and HI to HMR (High Medium Density Residential) on 18.76
acres. The applicant has also proposed to change the zoning from M-2 (General Manufacturing) to
M-1 (Light Manufacturing) on 9.93 acres and M-2 (General Manufacturing) to R-3 (Limited Multiple
Family) on 18.76 acres located adjacent on the west side of Oswell Street, south of Highway 58.
Resolution approving the amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan by changing the land use designation from HI (Heavy
Industrial) to LI (Light Industrial) on 9.93 acres and HI to HMR (High Medium Density
Residential) on 18.76 acres.
An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 124-03 from
M-2 (General Manufacturing) to M-1 (Light Manufacturing) on 9.93 acres and M-2 (General
Manufacturing) to R-2 (Limited Multiple Family) on 18.76 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment and first reading of the Ordinance.
BACKGROUND:
On September 19, 2002, the Planning Commission denied the applicant's proposal to deignate and
zone the western podion of the project site (9.93 acres) for Light Industrial land use and designate
and zone the eastern portion (18.76 acres) for Multi-Family Residential land use. The denial was
based on the Planning Commission's belief that the Kern Sanitation Authority Wastewater Plant
and effluent farm area may pose a potential health risk to people working next to the property and
a potential health risk for people living 510 feet east of the property. The Planning Commission's
denial was not based on any specific information provided to the Planning Commission, but on the
Planning Commission's general concern for public safety regarding the project site's close
proximity to the wastewater plant. The proposal for Light industrial land use is located adjacent on
ADMINISTRATIVE REPORT Page 2
the east side of the Kern Sanitation Authority property and the proposed Multi-Family Residential
land use is located 510 feet east of the Kern Sanitation Authority property. The applicant has
appealed the Planning Commission's denial of GPA/ZC 02-0626. The letter of appeal is attached
(see Exhibit A & B).
Due to the applicant's appeal, the Planning Department requested the Kern County Environmental
Health Department to determine whether the Kern Sanitation Authority Wastewater Plant and
effluent farm area would pose a potential health risk to people working next to the Kern Sanitation
Authority Wastewater Plant property or living 510 feet east of said property. The Kern County
Environmental Health Department responded to the request (see Exhibit C) and reported that the
Kern Sanitation Authority Wastewater Plant and effluent farm area does not pose any significant
health hazard, but may exacerbate the conditions of immuno-compromised residents or increase
the occurrence of allergies. In addition, the Kern County Environmental Health Department
indicated that the proposal may not be a compatible land use adjacent to the Kern Sanitation
Authority Wastewater Plant and that the State Water Resources Control Board, Water Quality
Order No. 200-10-DWQ contains a regulation that requires a 500 foot setback between sewage
sludge storage or application sites and non-agricultural or residential buildings.
The information provided by the Kern County Environmental Health Department reported no real
potential health risk to people working adjacent to or living 510 feet east of the Kern Sanitation
Authority Wastewater Plant property. Therefore, staff does not believe that the proposal should be
denied based on the supposition that there could be a health risk. As well, regarding the land use
compatibility issue and the reference to Water Quality Order No. 200-1-DWQ, there is no land use
compatibility issue because the portion of the project site that is adjacent to the Sanitation Authority
Wastewater property is currently designated for Industrial land use and the proposal would only
change the land use from Heavy to Light Industrial. For the proposed Limited Multiple Family land
use, the project site is located 510 feet east of the Sanitation Authority Wastewater property.
Therefore, it would not create any land use conflicts with the Sanitation Authority Wastewater
Plant. The proposal would also meet the 500' setback for residences which is listed in the Water
Quality Order No. 200-10-DWQ. It should also be noted that the purpose of Water Quality Order
No. 200-10-DWQ is for siting new sewage sludge storage or application sites and not for regulating
land use in general under local jurisdiction.
Staff is also recommending that the R-2 zone be approved for the eastern portion of the project site
rather than the R-3 zone. The R-3 zone would exceed the permitted density allowed under the
HMR land use designation. The R-2 zone would be consistent with the HMR land use designation
which is proposed for the eastern portion of the project site.
WC:pjt
(Admin/nov/11-6-0626)
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
AGENDA SECTION: Hearings
ITEM: 9.g.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 10, 2002
APPROVED
DEPARTMENT
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 02-0616 (Ward 4)
Gregory W. Davis has proposed a General Plan Amendment from R-lA (Resource-Intensive
Agriculture) to HMR (High Medium Density Residential) and an ordinance amendment from A-20A
(Agriculture-20 Acre Minimum Lot Size) to R-2 (Limited Multiple-Family Dwelling) on 18.64 acres
located along the southeast corner of Allen Road and Reina Road.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from R-IA to HMR
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-13.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general
plan amendment and first reading of the Ordinance.
BACKGROUND:
Applicant's request will allow the construction of 225 multiple-family dwellings on the 18.64 acre site.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change
and recommended City Council approval on September 19, 2002. No significant issues were raised by
any affected public agency at the public hearings held by the Planning Commission. The Commission
supported this request as there is very little such zoning within this area of the City. The applicant agreed
to all mitigation for the project.
An adjoining property owner, Floyd Hinesley spoke in opposition to this request. Mr. Hinesley is
concerned about sewer capacity and how this project might influence his planned residential project
located at the northeast corner of Noriega and Allen Road.
ADMINISTRATIVE REPORT Page2
Two appeals were filed on the Commission recommendation. The first appeal was filed by Floyd Hinesley
on September 25, and the second was filed by James T. Murphy, Managing Member, Bakersfield Land
Development Group LLC on September 30, 2002. Reasons for the appeals were not stated.
MO:pjt
Admin\nov\l 1-6-0616
ADMINISTRATIVE REPORT
MEETING DATE: November 6, 2002
IAGENDA SECTION: Hearings
ITEM: 9.h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
October 11,2002
A ED
DEPARTMENT HEAD ,,'~.~. ~
CITY ATFORNEY"/~/~_
CITY MANAGER ~
SUBJECT: General Plan Amendment 02-0629 (Ward 6)
Resolution approving the Negative Declaration and adopting the General Plan Amendment to change
the land use designation from HMR (High Medium Density Residential) to LMR (Low Medium Density
Residential) on 25.41 acres located at the northwest corner of Panama Lane and Ashe Road.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general
plan amendment.
BACKGROUND:
This amendment to the general plan would permit the development of residential units at a lower density.
Currently the site, with the existing land use designation, allows the development of 442 residential units.
The proposal will reduce the amount of residential units to 254.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change
and recommended City Council approval on September 16 and 19, 2002. No significant issues were
raised by the public or any affected public agency at the public hearings held by the Planning Commission.
The applicant has agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 12, 2002, in
accordance with CEQA.
MO:pjt
Admin\nov\l 1-6-0609