HomeMy WebLinkAbout12/11/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL
MEETING OF DECEMBER 11, 2002
Council Chambers, City Ha111501 Truxtun Ave.
Pre-meeting - 5:15 p.m. Regular Meeting - 7:00p.m.
SPECIAL MEETING
1. ROLLCALL
2. iNSTALLATION
Resolution No. 203-02 declaring the results of the General Municipal Election for the
election of Councilmember for Wards 1, 3,4, and 7, held in the City of Bakersfield on
November 5, 2002.
Staff recommends adoption of the resolution.
b. Administration of Oath of Office.
CLOSED SESSION
a. Conference with Lega Counsel - Anticipated Litigation Significant exposure to litigation
pursuant to subdivision (b)(3)(c) of Government code section 54956.9. One (1) potentia
case.
b. Conference with Legal Counsel - Existing Litigation; Closed session pursuant to
subdivision (a) of Government Code section 54956.0. The Bakersfield Cafifornian vs.
The County of Kern, et al; KCSC Case No. 24268 NFT
REGULAR MEETING
1. INVOCATION by Rev. Ishmael Kimbrough, Pastor of The People's Missionary Baptist Church.
PLEDGE OF ALLEGIANCE by Angelina Rivera, 5th Grade Student, Juliet Thorner Elementary
School.
3. ROLLCALL
4. CLOSED SESSION ACTION
(Ward 4)
PRESENTATIONS
a. Staff presentation of the Kern Transportation Foundation's 2002 Transportation
Enhancement Award for the Southwest Bicycle Path for category of Outstanding
Program.
b. Presentation by the Highway 99 Committee of Appreciation Awards to Mayor Harvey L.
Hall and the City of Bakersfield, and the Bakersfield Police Department.
6. PUBLIC STATEMENTS
(Ward 1,3,4,7)
APPOINTMENTS
Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the expiration
of terms of Keith Stoller (Ward 1), Kimberly Ceasar (Ward 3), Kevin Burton (Ward 4),
and Cathi Guerrero (Ward 7), terms expired November 2002.
Staff recommends Council determination.
(Ward 7)
(Ward 2,4,7)
(Ward 7)
One appointment to the Fire Civil Service Board, due to the expiration of term of Max
Morris, term expiring December 31, 2002.
Staff recommends Council determination.
Two (2) appointments to the Miscellaneous Civil Service Board, due to the expiration of
terms of Robert Russo and Thomas See, terms expiring December 31, 2002.
Staff recommends Council determination.
One appointment to the Police Civil Service Board, due to the expiration of term of
Kenneth Vetter, term expiring December 31, 2002.
Staff recommends Council determination.
Appointment of Building Director as regular member and Assistant Building Director as
the alternate member to the Board of Zoning Adjustment, terms expiring December 1,
2002
Staff recommends reappointment of the Building Director and the Assistant Building
Director.
8. CONSENT CALENDAR
Minutes:
a. Approval of November 20, 2002 Council Meeting Minutes.
Payments:
Approval of department payments from November 8,2002 to November 21,2002 in the
amount of $8,827,883.72 and self insurance payments from November 8,2002 to
November 21, 2002 in the amount of $241,926.53.
Ordinances:
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code
and Zoning Map No. 123-26 changing the zoning from R-1 (One Family Dwelling) to C-
2/PCD (Regional Commercial/Planned Commercial Development) on 8.92 acres located
along the southeast corner of Stine Road and Panama Lane. (First Reading 11/20/02)
Ordinance amending Bakersfield Municipal Code Sections § 1.12.020, § 1.12.040 and
§ 1.2.070 by adding Annexation No. 427 and a portion of Annexation 433 to Ward 4,
Annexation No. 429 to Ward 7 and a portion of Annexation No. 433 to Ward 2. (First
Reading 11/20/02)
Resolutions:
Resolution of Intention No. 1285 to add territory, Area 3-19 (Wible, McKee NE) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving
Public Work's Director's Report.
2
(Ward 2)
(Ward 1,2,7)
(Ward 4,7)
CONSENT CALENDAR continued
A resolution of the Council of the City of Bakersfield confirming the approval by the City
Manager or his designee of the report of the Chief Code Enforcement Officer regarding
assessment of 907 E. 21 st St., for which a dangerous building has been demolished and
authorize collection of the assessment by the Kern County Tax Collector.
A Resolution of the Council of the City of Bakersfield confirming the approval by the City
Manager or his designee of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have
secured against entry or for the abatement of certain weeds, debris and waste matter
and authorize collection of the assessments by the Kern County Tax Collector.
Revised Job Specification: Automotive Parts Specialist I to Parts and Inventory
Specialist.
Amendment No. 5 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.
Assessment District No. 02-1, (Avalon/Belsera/Montara/The Woods), a Resolution
approving Form and Substance of Addendum to Acquistion and Disclosure Agreement
and authorizing hanges thereto and execution thereof.
Resolution authorizing the creation and maintenance of an electronic zoning map as the
official zoning map for the City of Bakersfield.
CaIPERS Employer Paid Contributions:
1. Resolution for Employer Paid Member Contributions for All Employees of the
Blue and White Collar Units to CalPERS.
3.
4.
5.
6.
7.
Resolution for Employer Paid Member Contributions for All Employees of the
Miscellaneous Management Unit to CaIPERS.
Resolution for Employer Paid Member Contributions for All Employees of the
General Supervisory and Police Supervisory (Non-Safety).
Resolution for Employer Paid Member Contributions for All Employees of the
Police and Fire Management Units to CalPERS.
Resolution for Employer Paid Member Contributions for All Employees of the
Police and Police Supervisory Safety Units to CalPERS.
Resolution for Employer Paid Member Contributions for All Employees of the Fire
and Fire Supervisory Safety Units to CalPERS.
Resolution Authorizing Reporting the Value of Employer Paid Member
Contributions to CalPERS as Additional Compensation for Miscellaneous
Employees.
Resolution Authorizing Reporting the Value of Employer Paid Member
Contributions to CalPERS as Additional Compensation for Police Safety
Employees.
Resolution Authorizing Reporting the Value of Employer Paid Member
Contributions to CalPERS as Additional Compensation for Fire Safety
Employees.
3
8. CONSENT CALENDAR continued
(Ward 2,4)
(Ward 4)
(Ward 7)
(Ward 5)
(Ward 7)
Agreements:
Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements with Riverlakes Enterprises, LLC for
Tract 6005 Phase 2 located south of Hageman Road and west of Coffee Road
Final Map and Improvement Agreements with Stone Creek Partners, inc. for
Tract 6125 Unit I located north of Hosking Avenue and west of Akers Road.
Final Map with Hampton Place L.P. for Tract 6007 Unit 2 located south of Palm
Avenue and west of Allen Road.
Assignment of Improvement Agreement No. 01-160 for Parcel Map 10788 from
Commerce Drive Partners to Gregory D. Bynum and Associates, Inc., Parcel
Map 10788 is located south of Truxtun Avenue at the northeasterly end of
Commerce Drive.
m. Reimbursement Agreement for Tentative Tract 6023:
Reimbursement Agreement with Coleman Homes, Inc. ($225,680.27) for
construction of the Olive Drive Golf Cart Crossing.
Appropriate $225,681 Riverlakes Planned Drainage Area Fees to the Capital
Outlay Fund's Capital Improvement Budget.
n. Amend agreements for certified court reporting services:
Amendment No. 1 to Agreement No. 99-294 with Sylvia Mendez & Associates
for certified court reporting services provided to the City of Bakersfield's City
Attorney's Office.
Amendment No. 1 to Agreement No. 99-295 with Wood & Randall for certified
court reporting services provided to the City of Bakersfield's City Attorney's
Office.
Amendment No. I to Agreement No. 02-063 with URS Corporation to increase
compensation to consultant by $6,000 (for a total contract amount of $625,690) for a
traffic signal design.
Amendment No. 2 to Agreement No. 96-175 with Gordon Special Services dba J&J
Special Services for Administration of the School Crossing Guard Program.
q. Improvement Plan Checking Engineering Services:
Design Consultant Contract with Cannon & Associates (not to exceed $50,000)
for improvement plan checking engineering services.
Appropriate $50,000 additional General Fund Improvement Plan Check Revenue
to the Public Works Department's Operating Budget.
Carrier Canal Development Agreement with MONY Life Insurance Company to convert
open canal to box culvert.
Amendment No. 1 to Agreement No. 99-216 with Normal Development to revise Exhibit
"A" to include an additional tract to receive the Transportation Impact Fee credit (no
change in the not-to-exceed credit amount).
(Ward 7)
(Ward 1)
(Ward 4)
(Ward 2)
(Ward 7)
(Ward 7)
CONSENT CALENDAR continued
Transportation Impact Fee Agreement with Stuart Thomas Incorporated, a Nevada
Corporation DBA Lenox Homes for Tract 6064, located south of Berkshire Road and
east of South "H" Street.
aa.
Memorandum of Understanding between the City of Bakersfield and the Housing
Authority of the County of Kern regarding two Trek bicycles for Police patrol in the
Lakeview area.
Amendment No. 1 Agreement No. CA 02-042 in an amount not to exceed $80,000 with
Michael G. Marderosian for outside legal services in the matter of Ochoa v. City of
Bakersfield, United States District Court Case No. CV-F-015559 AWl DLB..
Amendment No. 3 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $68,000
to the annual earthmoving and hauling agreement (for a total citywide annual contract
amount of $1,189,500).
Amendment to Agreement with Shibumi Comsulting Services:
Appropriate $50,000 Solid Waste Fund Balance to the Public Works Department
Operating Budget.
Amendment #1 to Consultant Agreement PW 02-107, with Shibumi Consulting
Services, Inc., to add $50,000 (total compensation for this agreement not to
exceed $59,000), and additional scope of work for the implementation of
improvements to the City's data collection software.
Reimbursement Agreement with Jack and Shidyn Davenport for Widening Rosedale
Highway west of Henry Lane, with relocation of an existing retaining wall in an amount
not to exceed $3,860 and exchange of properties at 2601 Rosedale Highway.
Amendment No. I ($5,000 for a total not to exceed compensation clause of $73,400) to
Consultant Agreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and
safety training of the Bakersfield Amtrak Track.
Agreement with URS Corp. for $145,335.00 for the preparation of a Preliminary
Geometric Design and development of a Specific Plan Line to the future interchange at
Hosking Road and State Route 99; and for the preparation of a Project Study Report
(PSR) for the widening of the existing interchange at Olive Drive and State Route 99.
Bids:
bb.
CC.
ee.
Planz Park Playground Rehabilitation Project:
Award contract to Brown Fowler Construction in the amount of $147,157.00, for
Planz Park Playground Rehabilitation Project..
Appropriate $36,336 uncommitted CDBG Funds to the Recreation and Parks
Department, Capital Improvement Budget withing the Community Development
Block Grant Fund.
Accept bid from GTSI Corporation, $429,166.24, for 103 Panasonic Toughbooks for the
Police Mobile Data Computer System.
Accept bid to award annual contract to San Joaquin Fence & Supply, not to exceed the
budgeted amount of $250,000, to furnish and install fencing around various City
properties and canals.
Accept bid from Bearcat Manufacturing, Inc., $31,607.33, for one (1) additional crack
sealing machine for Street Maintenance Division.
(Ward 4)
(Ward 5)
(Ward 4)
(Ward 3)
(Ward 2)
CONSENT CALENDAR continued
ff. Accept bid from Jim Burke Ford, $28,207.47, for one (1) replacement cab and chassis
for the Fire Department Patrel vehicle.
gg. Various Street Improvements - Hageman Road, Calloway Drive and Old Farm Road:
1. Accept base and alternate bid to award contract to E & M Constructors Co.
($362,831.40) for the Project.
2. Approve Reimbursement Agreement with Riverlakes Community Church (actual
cost of alternate bid to be reimbursed to City).
3. Appropriate $187,000 fund balance and $113,000 Developer Contribution to the
Capital Improvement Budget within the Transportation Development Fund.
hh. Reject bid for Pin Oak Park Water Playground.
Miscellaneous:
ii. Pacific Gas & Electric's request for an easement to locate a guy wire anchor on City
owned real property located at the northeast corner of Calloway Drive and Olive Drive.
jj. General Plan Amendment 02-0623, Mclntosh & Associates is requesting an amendment
to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting
that segment of Masterson Street between Lake Ming Road and Bella Drive in northeast
Bakersfield from the Circulation Element as a planned arterial. Appeal by the City of
Bakersfield Public Works Department.
Staff recommends continuing this matter to January 15, 2003.
kk. Revised Job Specifications
1. Traffic Painter II
2. Traffic Painter III
II. Miscellaneous Appropriations/Transfers:
1. Appropriate $8,360 Amtrak Railway Fund Balance to the Capital Improvement
Budget.
mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund
to partially cover a deficit at June 30, 2002.
nh. Historic Preservation Commission 2001/2002 Fiscal Year Annual Report.
Staff recommends adoption of Consent Calendar, items a. through pp.
HEARINGS
a. Continued hearing to consider a resolution approving and adopting an adjusted fee for
the development and improvement of parks within the City of Bakersfield (1.95%
proposed fee increase).
Staff comments by Public Works Director Rojas.
Budget and Finance Committee recommends adoption.
(Ward 2)
10.
11.
12.
HEARINGS continued
Resolution upholding the appeal and modifying the decision of the Planning Commission
approving vesting Tentative Tract Map No. 6140 and the Development Plan for PUD
Zone Change No. 02-0291 on cedain property located on the south side of Highway 58,
and the east side of South Oswell Street.
Staff comments by Development Services Director Hardisty.
Staff recommends adoption of the resolution upholding the appeal and modifying the
decision of the Planning Commission.
Final Environmental Impact Report, General Plan Amendment P01-0973 (Metropolitan
Bakersfield General Plan Update).
Resolution certifying the Final Environmental Impact Report for the Metropolitan
Bakersfield General Plan Update.
Resolution adopting the amendment to the Metropolitan Bakersfield General Plan
text and maps.
Staff comments by Planning Director Grady.
Staff recommends adoption of the Resolution to the Metropolitan Bakersfield General
Plan text and maps.
Ordinance amending Title 17, concerning regulations for the development and
construction of multiple family housing projects such as apartments, duplexes, triplexes
and fourplexes in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts.
Staff comments by Development Services Director Hardisty..
Staff recommends first reading of the ordinance.
REPORTS
Community Services Committee Report No. 5-02 regarding a City Contribution of CDBG
Funds in an amount not to exceed $5000 to Bakersfield African American Cultural
Association for a Community Celebration in Southeast Bakersfield.
The Community Services Committe recommends approval
Budget and Finance Committee Report No. 3-02 regarding the proposed increase in
Kern County Solid Waste Management Program fees.
City manager Report No. 5-02 on the Bike Path Widening and Improvements near
Truxtun Avenue from 450' east of Quailridge Drive to approximately 2500' further east.
Staff comments by Public Works Director Rojas.
DEFERRED BUSINESS
None.
NEW BUSINESS
a. Election of Vice-Mayor.
13. COUNCIL STATEMENTS
14. ADJOURNMENT
krt
December 5, 2002
Respej;tfulty submitted,
Alan Tandy
City Manager
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
December 6, 2002
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO~SISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - DECEMBER 11, 2002 COUNCIL MEETING
SPECIAL MEETING
Following Roll Call, the Council will be asked to adopt a resolution declaring the results of the General
Municipal Election for the election of Councilmember for Wards 1, 3, 4, and 7 held November 5, 2002.
The administration of Oath of Office will be performed by Pamela McCarthy, City Clerk. This ceremony
is open to all City staff as well as the public. Refreshments will be available. After the ceremony,
Council will have time to visit with friends and relatives before the Closed Session begins at 6:15.
There are two closed session items. The first is a conference with legal counsel regarding potential
litigation, and the second is a conference with legal counsel regarding existing litigation.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Appointments:
The following appointments are scheduled: 1) four appointments to the Keep Bakersfield Beautiful
Committee; 2) one appointment to the Fire Civil Service Board; 3) two appointments to the Miscellaneous
Civil Service Board; 4) one appointment to the Police Civil Service Board; and 5) appointment of the
Building Director as a regular member and Assistant Building Director as the alternate member to the
Board of Zoning Appeals.
Ordinances:
Item 8c. Ordinance amendinq the Municipal Code and Zoninq Map chanqinq the zoninq from R-1 (One
Family Dwellina) to C-2/PCD (Reaional Commercial/Planned Commercial Development) on 8.92 acres
located alonq the southeast corner of Stine Road and Panama. The City Council conducted the first
reading of the ordinance on November 20, 2002. No further information has been received.
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 2
Resolutions:
Item 8i. Resolution authorizinq the creation and maintenance of an electronic zoninq map as the official
zoninq map for the City. On March 6, 2002, Council adopted a Resolution authorizing citywide
document imaging on Lasediche. The proposed Resolution allows the Planning Division of the
Development Services Department to create and maintain an electronic zone map. This electronic map
will be placed on the City computer and made available to the public through the internet. An offsite
version will be burned to a compact disc and stored in conformance with existing City policy.
Item 8k. Resolutions for CalPERS Employer Paid Contributions. CaIPERS requires agencies that pay
member contributions for employees to pass a resolution indicating the conditions under which the
member's contributions are paid. Resolutions presented for Council approval include all employee units.
These are based on Council-approved Memorandums of Understanding with each of the units and the
revised California Code which requires that employers contribute after five years of service instead of the
previous policy of contributing after six years of service. The changes included in these resolutions are
required by CalPERS to conform to State law.
During the last negotiations with all of the employee units, it was agreed that effective January 2003, the
amount of monies paid by the City on behalf of employee contributions for CalPERS would be reported
as additional compensation for retirement calculation purposes. The last three resolutions submitted for
approval are necessary to comply with the Government Code, which will allow the City to meet the
obligations Council agreed to in the employee Memorandums of Understanding and salary resolutions.
Aqreements:
Item 8m. Reimbursement Aqreement in the amount of $225,680.27. Resolution No. 89-91 established
the Riverlakes Planned Drainage Area (PDA) to ensure sufficient funds were collected to construct a
drainage area which would benefit development within the PDA. As part of the conditions of approval for
the Riverlakes Golf Course, the developer (the Links) ~vas responsible for several PDA improvements
and a golf cart crossing under the proposed Olive Drive. The golf cart crossing was built by Coleman
Homes during the construction of Olive Drive. As the City is required to reimburse the Links for several
of the PDA improvements and the Links is responsible for the cost of the goff cart crossing, the CITY will
reimburse Coleman Homes directly for costs they incurred in constructing the golf cart crossing. Funding
for this reimbursement will come from already collected PDA fees.
Item 80. Amendment No. 1 to Aareement No. 02-063 with URS Corporation to increase compensation
to consultant by $6,000 for a traffic siqnal desiqn. The City entered into an agreement on March 6, 2002
with URS Corporation to prepare plans, specifications and estimate for modifications to the interchange
of State Route 99 at White Lane. Due to the City's desire for additional engineering services associated
with the project development, this amendment will allow the Consultant to prepare plans, specifications
and estimates for a traffic signal at the White Lane/NB Exit Ramp Intersection. Sufficient funds are
available within the project's budget, so no additional appropriation is necessary.
Item 8p. Amendment No. 2 to Aqreement No. 96-175 with Gordon Special Services dba J&J Special
Services for Administration of the School Crossinq Guard Proqram. The original agreement terminated
on June 30, 2002. The amendment is necessary to continue service through the end of the 2002/03
school year. The City intends to bid the Crossing Guard services to cover the 2003/04 school year.
Item 8q. Desiqn Consultant Contract with Cannon & Associates for improvement plan checkinq
enqineerinq services in an amount not to exceed $50,000. The Subdivision Section of the Public Works
Department currently has a four-week back Icg in improvement plan check. The goal is to review plans
within two weeks of submittal. In order to maintain an acceptable service level for the development
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 3
community, staff recommends hiring an outside consultant firm to provide plan checking services during
peak times. Revenue higher than originally estimated will be realized in the current fiscal year because
of the increased activity. To fund the contract, staff recommends appropriation of $50,000 additional
General Fund Improvement Plan Check Revenue to the Public Works Department's Operating Budget
Item 8r. Carrier Canal Development Aqreement with MONY Life Insurance Company to convert open
canal to box culvert. This agreement will allow MONY Life Insurance Company to convert a portion of
the City-owned and operated Carrier Canal into a concrete box culvert behind the former Discovery
Plaza office building east of Mohawk Drive. Covering the ditch will allow parking expansion over the top
of the box culvert. MONY is willing to purchase the fee ownership portion of the canal and return an
easement to the City for the covered canal. MONY will pay fair market value for this portion of the canal
at its appraised price, less the sum of the construction cost. MONY will be solely responsible for all
aspects of the installation of the culvert and parking area, including financing, engineering, construction,
inspection, coordination, permits, approvals and licenses.
Item 8s. Amendment No. I to Aqreement No. 99-216 with Normal Development to revise Exhibit "A" to
include an additional tract to receive the Transportation Impact Fee credit. Agreement No. 99-216
provided for a maximum transportation impact fee credit of $215,000 in exchange for the developer
constructing two lanes on Hosking Road between Akers Road and Wible Road. Exhibit "A" of the
original agreement listed specific tracts which were to receive the credit. Those tracts are now fully
developed and a remaining credit of approximately $86,000 remains. The developer has requested that
the remaining credit be applied to Tract 6125-Phase 1 (53 lots).
Item 8t. Transeortation Impact Fee Aqreement with Stuart Thomas Incorporated, a Nevada Corporation
dba Lenox Homes for Tract 6064, located south of Berkshire Road and east of South "H" Street.
Lennox Homes will construct required improvements for the widening of the canal box culvert at
Berkshire Road and the Kern Island Canal, and the east side of South "H" Street along the frontage of
their Tract. The City will credit Lenox Homes for their portion of regional transportation impact fees in the
Tract, to the actual amount of the design and construction cost of the improvements, in an amount not to
exceed $324,425.
Item 8u. Memorandum of Understandinq between the City of Bakersfield and the Housinq Authority of
the County of Kern reqardinq two Trek bicycles for Police patrol in the Lakeview area. HACK has offered
the use of two new Trek bicycles to assist the Police Department in its patrol duties of the east area of
the new Lakeview satellite office. Should the bicycles be destroyed or stolen, the City will have to repay
HACK at a prorated rate. The City is responsible for ail maintenance.
Item 8v. Amendment No. I to Aqreement No. CA 02-042 with Michael G. Marderosian for outside leqal
services in the amount not to exceed $80,000. The matter of Ochoa v City of Bakersfield has proven to
be more complex than originally estimated, and a staff resignation has created a workload problem. The
City Attorney recommends the agreement in order to complete the needed work to prepare for trial.
Item 8w. Amendment No. 3 to Aqreement No. 01-143 with Sturqeon & Son, Inc. to add $68,000 to the
annual earthmovinq and haulinq aqreement. The Annual contract of earthwork and hauling includes
work for various departments. The Solid Waste Division portion of this contract has been exhausted.
The additional amount is required to complete work at the Mt. Vernon Greenwaste Facility.
Approximately 30 percent of the expenditure will be recovered through the City/county cost sharing
agreement with Kern County.
Item 8x. Amendment to Consultant Aqreement with Shibumi Consultinq Services Inc. in the amount of
$50,000. Per Agreement No. PW 02-107, the consultant performed a review of the City's utility
billing system to determine whether various functions historically performed by an assortment of
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 4
other software programs could be consolidated into the City's main utility program. The consultant
reported that this is feasible, based on experience in other cities which use the same software. The
original department contract of $9,000 was for the system review only. This $50,000 amendment is
for the actual system modification as recommended in the consultant's report.
Item 8z. Amendment No. 1 to Consultant Aqreement No. 02-255 with Niemeyer & Associates, P.C. for
inspection and safety traininq of the Bakersfield Amtrak Track in the amount of $5,000. The Scope of
Work in the original agreement did not include preparation of a rail safety training program and training of
City staff to meet FRA guidelines. Now that the City has determined this safety training is required, this
amendment is needed.
Item 8aa. Aqreement with URS Corp. for $145,335.00 for the preparation of a Preliminary Geometric
Desiqn and Development of a Specific Plan Line to the future interchanqe at Hoskinq Road and State
Route 99; and for the preparation of a Proiect Study Report (PSR) for the wideninq of the existinq
interchanqe at Olive Drive and State Route 99. Funds were budgeted in the current year's CIP to begin
work on developing a plan for a future interchange at Hosking Road and State Route 99. Staff cannot
prepare a Project Study Report (PSR) at this time as it is considered to be too far in advance of the
project. Staff is now recommending only preliminary geometric engineering be performed at this location
so that a specific plan line for the interchange can be developed. The PSR can follow when
development and higher traffic volumes indicate a need for the improvements.
URS Corporation has just completed the PSR for the Hageman Flyover, and as such, has much
familiarity with the traffic problems and issues in the area. They have already completed traffic modeling
data for the Hageman PSR which could be used for the Olive Drive PSR. Therefore, staff is
recommending that URS Corporation by retained to perform this work. One-Hundred Fifty Thousand
Dollars ($150,000) was budgeted in the current fiscal year for the Hosking PSR, and staff is
recommending that these funds be used for both the Hosking preliminary engineering work as well as the
Olive Drive PSR.
Bids:
Item 8bb. Award contract to Brown and Fowler Construction Company for the Planz Park Playqround
Rehabilitation Proiect in the amount of $147,157. Four acceptable bids were received. Staff
recommends award to Brown and Fowler Construction. Staff also recommends appropriation of $36,336
uncommitted CDBG Funds to the Recreation and Parks, Capital Improvement Budget.
Item 8cc. Award contract to GTSI Corporation for 103 Panasonic Touqhbooks for the Police Mobile Data
Computer System in the amount of $429,166.24. Six acceptable bids were received. Staff recommends
award to GTSI Corporation.
Item 8ee. Award contract to Bearcat Manufacturinq, Inc. for one (1) additional crack sealinq machine for
Street Maintenance Division in the amount of $31,607.33. One acceptable bid was received. Staff
recommends award to Bearcat Manufacturing, Inc.
Item 8ff. Award contract to Jim Burke Ford for one (1) replacement cab and chassis for the Fire,
Department Patrol vehicle in the amount of $28,207.47. Two acceptable bids were received. Staff
recommends award to Jim Burke Ford.
Item 8qq. Various Street Improvements - Haqeman Road, Calloway Drive and Old Farm Road. The
City of Bakersfield and Riverlakes Community Church have agreed to construct street improvements on
Hageman Road and Calloway Drive through a Reimbursement Agreement based upon the Church's
approval of the selected bidder's proposed estimate for the Church's portion. The City received written
consent from the Church officials authorizing the Iow bidder, E & M Constructors Co., to construct their
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 5
portion of the project. The project consists of completing the roadway to ultimate width on Calloway
Drive and Hageman Road, completing the roadway on Old Farm Road and installing raised medians on
Hageman Road. Four acceptable bids were received. Staff recommends award to E & M Constructors
Co.
Item 8hh. Reject bid for Pin Oak Park Water Playqround. The project includes the installation of an
interactive water playground at Pin Oak Park. Three bids were received that were significantly higher
than the Engineer's estimate, so the project will be re-evaluated.
Miscellaneous
Item 8ii. General Plan Amendment reqardinq a seqment of Masterson Street between Lake Minq Road
and Bella Drive in Northeast Bakersfield. This case was continued from the meeting of November 20,
2002 in order that the applicant and staff meet. They have met, but there are additional design and
financial details which must be worked out. Staff is recommending this matter be continued to the
January 15, 2003 meeting in order to try and resolve the outstanding issues.
Item 8mm. Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund tn
partially cover a deficit at June 30, 2002. The self insurance $7,055,000 ($5,195,000 Workers
Compensation, $1,860,000 General Liability) estimated claims payable at June 30, 2002 exceed the
assets in the Self-Insurance Fund by $3,468,944. Staff recommends funding this deficit with $2 million
General Fund available balance immediately and the remainder over two years through interfund
charges as was discussed in the Council workshop of November 20th.
HEARINGS
Item 9a. Continued hearinq to consider a resolution approvinq and adoptinq an adiusted fee for thn
development and improvement of parks. The hearing to consider a Resolution approving and adopting
an adjusted fee for the development and improvement of parks was on the July 31, 2002 Council
agenda, when it was referred to the Budget and Finance Committee for review. This issue went before
the Budget and Finance Committee at its October 10, 2002, meeting. At this Budget and Finance
Committee meeting, staff was instructed to meet with the Building industry Association (BIA) to address
outstanding issues the BIA had with staff's odginal recommended 2.8% increase in the Park
Development Fee.
On October 14, 2002, City staff met with Brian Todd, Executive Vice President of the BIA. Mr. Todd
indicated that the BIA believes the Park Development Fee should be adjusted by a credit for new
development's share of the several bond grants received by the City. It is important to note that staff
does not share the BIA's view on this issue. The BIA indicated that this issue could be tabled until a
future date if the Park Development Fee was increased by no more than 1.95%, which is based on the
Construction Cost Index instead of the previous calculation (2.8%) by staff based on the Consumer Price
Index. Staff agreed with this change in the fee calculation.
The Budget and Finance Committee voted to recommend Council approval of the proposed 1.95% ($12)
increase.
Item 9b. Resolution upholdinq the appeal and modifyinq the decision of the Planninq Commission
reaardino oroperty located on the south side of Hiqhway 58, and the east side of South Oswell Street.
This item is an appeal of conditions required of the developer by the Planning Commission in their
approval of the Vesting Tentative Map and PUD zone change on October 17, 2002. The first condition
relates to maintenance of a drainage basin. Typically, this condition would apply; however, due to the
amount of public roadway and the addition of commercial area to the "service area" of this sump, as well
as a design requirement to meet City standards, the City is willing to maintain the sump for Tract 6140.
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 6
The second condition relates to a desire by the Planning Commission to provide additional disclosure
information about adjacent commercial, industrial, and waste water treatment plant land uses in the
CC&R's. The applicant points out that state law within the Department of Real Estate Public Report
provides for disclosure of land uses, it is not typically done through CC&R's. Disclosure conditions have
been used to inform the potential residents of a potential credible health risk or hazard. The only one
mentioned by the Commission that comes close to meeting those criteria is the location of the waste
water treatment plant. However, correspondence from the Health Department does not identify any
significant potential health risks. In this case, there is not any evidence from the public or otherwise,
supporting the requirement for a disclosure notice. Therefore, staff agrees with the appellant's position
and recommends upholding the applicant's appeal, that the first condition be modified as recommended
by staff and the condition requiring disclosure be deleted.
Item 9c. Final Environmental Impact Report, General Plan Amendment. As localities and their
resources are ever changing, it is periodically necessary to update and revise the General Plan. The
State recommends that the entire plan be thoroughly reviewed and revised periodically to reflect new
conditions, local attitudes, and political realities. The update is intended to make those changes
necessary to more accurately reflect existing goals, policies, and implementation measures. The text
revisions are intended to give an updated version of the existing development environment. In the 12
years since plan adoption, there have been many changes in local ordinances, growth patterns, and the
County land use map. It was jointly decided by both City and County jurisdictions to go back through the
text and update it to reflect the many changes which have occurred over the years. This effort will help
the general public and the development community by accurately depicting the local development
environment. The text will be renamed the Metropolitan Bakersfield General Plan, the planning period is
extended through 2020.
On October 28, 2002, the update was unanimously approved at a joint meeting of the Planning
Commission for both the City of Bakersfield and County of Kern. All comments of that meeting may be
reviewed in the minutes attached to the Administrative Report. On December 3rd, the Kern County
Board of Supervisors conducted their public hearing and unanimously approved the Final Environmental
Impact Report and General Plan Amendment as presented in this item.
Item 9d. Ordinance conceminq requlations for the development and construction of multiple family
housinq proiects such as aoartments, duplexes, triplexes and fourplexes in the R-2, R-3, and R-4
(Multiple Familv Residential) zone districts. This proposed ordinance is in response to a referral by
Councilmember Couch regarding issues concerning fourplex projects in the Riverlakes Ranch Specific
Plan Area. It is intended to address the quality of multifamily projects, particularly triplexes and
fourplexes on individual lots. It was reviewed by the Planning Commission, who conducted public
hearings on the ordinance. No testimony was offered either for or against the proposed ordinance at
these hearings.
The ordinance addresses new issues as well as problems which staff has had with the implementation of
provisions of the existing ordinance which was modified in 1998. New issues concern guest parking,
tenant parking, and design of drive isles. Provisions of the old ordinance concern open space around
buildings, landscaping, on-site amenities and treatment of street-fronting end units and street-fronting
side units. Staff is recommending several changes in the ordinance to address these issues and the
concerns expressed by Councilmember Couch in a positive manner. The specific changes proposed are
included within the administrative report. Staff is recommending first reading of the ordinance.
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 6, 2002
PAGE 7
REPORTS
Item 10a. Community Services Committee Report No. 5-02 reqardinq a City Contribution of CDB(;
Funds in an amount not to exceed $5 000 to Bakersfield Afr can American Cultural Association (BAACA)
for a Communty Celebration in the Southeast. On December 4, 2002, the Community Services
Committee approved a request by Councilmember, Irma Carson to contribute an amount not to exceed
$5,000 for sponsorship of a community celebration for renaming Lakeview Avenue to Martin Luther King,
Jr. Boulevard, and the grand opening of the Lakeview Avenue Streetscape Project. BAACA proposes
the funds be used for advertising and promotions; rental of a public address system, stage and tents; and
contracting for bands and professional entertainment. Funds for the contribution to BAACA will come
from completed CDBG funded projects that have leftover amounts. Because the funds have already
been appropriated, there is no budget impact.
Item 10b. Budqet and Finance Committee Report No. 3-02 reqardinq the proposed increase in Kern
County Solid Waste Manaqement Proqram Fees. The Budget and Finance Committee met with County
staff on December 2, 2002 to review the proposed increases and changes to Kern County Solid Waste
Management Program fees. There is a public hearing scheduled before the Board of Supervisors on
December 10th which is also the proposed date for the County to implement these fees. The County
staff's rate proposal would increase solid waste fees by $1.6 million for City residents and businesses.
The Budget and Finance Committee has several concerns regarding the proposed fee increase and
changes. Due to the critical nature of this issue, the letter was immediately sent to the Board of
Supervisors to provide comment by the City on the proposed rates. The Committee requested that the
implementation of the proposed fee increase and changes be delayed by the Board of Supervisors until
the issues presented in the City's letter can be fully reviewed and addressed.
We have also received support from the Kern County Association of Cities requesting the County defer
action on this matter.
Item 10c. City Manaaer Report No. 5-02 on the Bike Path Wideninq and Improvements near Truxtu.
Avenue from 450' east of Quailridqe Drive to approximately 2500' further east. The ClP for FY 2001-
2002 has funds budgeted for bike path widening and improvements from East Don Hart Drive at
California State University Bakersfield (CSUB) to Manor Street. The design of this portion, approximately
2500' in length on the north side of Truxtun Avenue, will involve aesthetic and safety issues. Under the
directions of staff the design consultant, Mclntosh and Associates, has prepared five design alternatives.
Public Works staff will present an overview of the entire bike path widening project and explain the
details of each of the five design alternates.
NEW BUSINESS
Item 12a. Election of Vice Mayor. In accordance with City Charter, the Council will elect one of its
members Vice Mayor at the first meeting the new Council takes office. The newly elected Vice Mayor
will make appointments, with confirmation by the Council, to all committees at the next Council meeting.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: INSTALLATION
ITEM: 2.a.
TO: Honorable Mayor and City Council
FROM: Pamela A. McCarthy, City Clerk~l~'~ DEPARTMENT HEAD
DATE: November 27, 2002 CITY ATTORNEY ~--~
CITY MANAGER
SUBJECT:
APPROVED
Resolution No. 203-02 declaring the results of the General Municipal Election for the
election of Councilmember for Wards 1, 3, 4, and 7, held in the City of Bakersfield
on November 5, 2002.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution is required to accept the results of the General Municipal Election of November 5, 2002
as certified by the Kern County Clerk, declaring the following persons elected to the Office of
Councilmember for a full four-year term, commencing December 11, 2002 and shall serve until their
successors are elected and have qualified in 2006.
Ward 1:
Ward 3:
Ward 4:
Ward 7:
Irma Carson
Mike Maggard
David R. Couch
Mark C. Salvaggio
rg
November 27, 2002, 3:09PM
S:tELECTION~,dmins\Declaring results 2002,dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Closed Session
ITEM: 3.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
November 22, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATrORNEY
CITY MANAGER (~_~
Conference with Legal Counsel -- Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(3)(c) of Government Code
section 54956.9. One (1) potential case.
RECOMMENDATION:
BACKGROUND:
November 22, 2002, 11:25AM
ADMINISTRATIVE REPORT
IMEETING DATE: December 11, 2002
AGENDA SECTION: Closed Session
ITEM: 3.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
December 5, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT:
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
The Bakersfield Californian vs. The County of Kern, et al
KCSC Case No. 247268 NFT
RECOMMENDATION:
BACKGROUND:
BJT:dll
December 5, 2002, 10:06AM
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 7, 2002
APPROVED
DEPARTMENT HEAD
CITY A'I-rORNEY /~'~
C TY MAN^GER
Staff presentation of the Kern Transportation Foundation's 2002 Transportation
Enhancement Award for the Southwest Bicycle Path for category of Outstanding Program
(Ward 4)
RECOMMENDATION: Staff recommends acceptance of the Award by Mayor Hall on behalf of the City of
Bakersfield.
BACKGROUND: On November 1, 2002 at the Forum 2002 Transportation Futures meeting, Public Works
staff accepted the Kern Transportation Foundation's 2002 Transportation Enhancement Award in the
category of Outstanding Program.
This award recognizes the new 8.9 mile, 2 lane bicycle path which is adjacent to the Kern River from Enos
Lane to Stockdale Highway/Buena Vista Road.
This project was started March 2002 and completed September 2002.
As the award was issued to the City of Bakersfield, staff will be presenting it to the Mayor and City Council.
ac Public Works, Engineering Division, Design Section
November 14, 2002, 2:17PM
G:~GROUPDAT~ADMINRPT~2.002\Dec 11\Southwest Bike Path.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Presentations
ITEM: 5o b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 25, 2002
DEPARTMENT H EAD~.~:~
CITY ATTORNEY
CITY MANAGER
Presentation by the Highway 99 Committee of Appreciation Awards to Mayor Harvey L. Hall
and the City of Bakersfield, and the Bakersfield Police Department.
RECOMMENDATION:
BACKGROUND:
ndw
November 25, 2002, 10:37AM
S:\MAYOR~ADMIN\HIGHWAY 99 COMMl~q-EE.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City
December 5, 2002
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ,~
CITY MANAGER ~f~
Four (4) appointments to the Keep Bakersfield Beautiful Committee due to the
expiration of terms of Keith Stoller (Ward 1), Kimberly Ceasar (Ward 3), Kevin
Burton (Ward 4), and Cathi Guerrero (Ward 7), terms expired November 2002.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Four appointments to the Keep Bakersfield Beautiful Committee due to the expiration of terms of Keith
Stoller, Ward 1; Kimberly Ceasar, Ward 3; Kevin Burton, Ward 4; and Cathi Guerrero, Ward 7, whose
terms expired November, 2002. The news release for this recruitment was posted on November 1, 2002.
Cathi Guerrero and Kimberly Ceasar have submitted Declarations indicating they do not wish to be
reappointed to the Committee.
Applications for appointment have been received from the following:
· Kevin Lee Burton
· Sandra A. Garrigan
· Keith Stoiler
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
seven Council-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of his or her nominating
Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her
ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
rg
S:~Bds&Comm\KBBC\admin 2002.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Appointments
ITEM: 7.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~
December 5, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
One appointment to the Fire Civil Service Board, due to the expiration of term
of Max Morris, term expiring December 31, 2002.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Fire Civil Service Board due to the expiration of term of Max Morris, whose term
expires December 31, 2002. The news release for this recruitment was posted on November 1, 2002.
Applications for appointment have been received from the following:
· Robert Thomas Heflin
· Max Morris
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3) members,
appointed by the full Council. Members must be residents of the City throughout their three-year term and
shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of members
of the Fire Department. All applicants have been encouraged to contact each councilmember regarding
their interest and qualifications. Meetings are held the second Monday of each month at 3:00 p.m., at the
Human Resources Testing Room, 1501 Truxtun Avenue, Bakersfield.
December 5, 2002, 11:01AM
S:\Bds&Comm\FIRE~admin morris 2002.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002 AGENDA SECTION: Appointments
ITEM: 7.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cterk ~
December 5, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Two (2) appointments to the Miscellaneous Civil Service Board, due to the expiration of
terms of Robert Russo and Thomas See, terms expiring December 31, 2002.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Two appointment to the Miscellaneous Civil Service Board due to the expiration of terms of Robert Russo
and Thomas See, whose terms expires December 31, 2002. The news release for this recruitment was
posted on November 1, 2002.
Applications for appointment have been received from the following:
· Aaron Duane Lewis
· Richard Robert Russell
· Robert Russo
· Thomas See
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of five (5)
members, appointed by the full Council. Members must be residents of the City throughout their three-
year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of each
month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue, Bakersfield.
rg
S:\Bds&Comm\MISCCS\admin 2002.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Appointments
ITEM: 7.d.
TO: Honorable Mayor and City Council APPROVED
FROM: Pamela A. McCarthy, City Clerk~¢'j'~-' DEPARTMENT HEAD
DATE: November 21,2002 CITY ATrORNEY
CITY MANAGER
SUBJECT:
One appointment to the Police Civil Service Board, due to the expiration of term
of Kenneth Vetter, term expiring December 31, 2002.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
One appointment to the Police Civil Service Board due to the expiration of term of Kenneth Vetter, whose
term expires December 31, 2002. The news release for this recruitment was posted on November 1,
20O2.
Applications have been received from the following individuals:
· Aaron Duane Lewis
· Tom Teagarden
· Kenneth Vetter
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their three-year
term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of members
of the Police Department. All applicants have been encouraged to contact each Councilmember regarding
their interest and qualifications. Meetings are held the first Wednesday of each month at 8:00 a.m., in the
Police Facilities Building, Executive Conference Room 53, 1601 Truxtun Avenue, Bakersfield.
rg
November 26, 2002, 5:02PM
S:\Bds&Com m\POLICE~adm in 2002.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Appointments
ITEM: 7.e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~-'~'~''
November 27, 2002
APPROVED
DEPARTMENT HEAD
CITY A'I-rORN EY
CITY MANAGER
SUBJECT: Appointment of Building Director as regular member and Assistant Building Director
as the alternate member to the Board of Zoning Adjustment, terms expiring
December 1,2002.
RECOMMENDATION:
Staff recommends reappointment of the Building Director and the Assistant Building
Director.
BACKGROUND:
There are currently two appointments to the Board of Zoning Adjustment due to the expiration of terms of
the Building Director, Regular Member, and Assistant Building Director, Alternate Member. Both terms
expire December 1, 2002.
The Board of Zoning Adjustment is an advisory body to the City Council, composed of three (3) staff
members and appointed by the full Council. The Board administers zoning ordinances, modifications to
zoning standards and conducts hearings rendering decisions on applications for conditional use permits
and modifications subject to the provisions of the zoning ordinance regulating the granting of the permits.
Meetings are held the second Tuesday of each month at 3:00 p.m., in the Council Chambers.
rg
November 26, 2002, 4:38PM
S:\Bds&Com m\MISC~BZA 2002.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002 AGENDA SECTION: Consent
ITEM: 8.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk{') ~
November 27, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Minutes of the Council meeting of November 20, 2002 for approval.
APPROVED
RECOMMENDATION:
Staffrecommendsapproval.
BACKGROUND:
(Typist's Initials lower case)
November 27, 2002, 3:38PM
T:\Clerk~genda~ADMINFORMdot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 21, 2002
APPROVED
DEPARTMENTHEAD,,4,/~O~w.~(~"t~--
CITY ATTORNEY ///'~--~'
CITY MANAGER ~
Approval of depadment payments from November 8, 2002 to November 21, 2002 in the
amount of $8,827,883.72 and self insurance payments from November 8, 2002 to
November 21, 2002 in the amount of $241,926.53.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,069,810.25.
BACKGROUND:
kl§
November 21, 2002, 2:41PM
S:\KimO\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent
ITEM: 8.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 21,2002
APPR.I~VED
DEPARTMENT HE~,~''/'.
(---~ /, //
CITY ATTORNEY/./
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 123-26 changing the zoning from R~I (One Family Dwelling) to C-2/PCD
(Regional Commercial/Planned Commercial Development) on 8.92 acres located along the
southeast corner of Stine Road and Panama Lane. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on November 20, 2002.
The Planning Commission conducted public hearings on September 16, 19, 30 and October 3,
2002 on this General Plan Amendment/Zone Change and recommended City Council approval on
October 3, 2002. The applicant agreed to all 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 mitigated Negative Declaration was prepared and posted
on August 28, 2002, in accordance with CEQA.
RED:pjt
(Admin\dec\12-11-0756)
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent
ITEM: 8.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 18, 2002
OVEO
DEPARTMENT HEA(B
CITY ATTORNE'~/
CITY MANAGER
An ordinance amending Bakersfield Municipal Code Sections § 1.12.020, § 1.12.040 and §
1.12.070 by adding Annexation No. 427 and a portion of Annexation 433 to Ward 4.
Annexation No. 429 to Ward 7 and a portion of Annexation No. 433 to Ward 2. (Wards 2, 4
& 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on November 20, 2002.
This ordinance amends the ward boundaries to include Annexation 427, 429 and 433 into the
corresponding Council wards. The annexations were approved by the LAFCO recently.
Annexation No. 427 is located at the southeast corner of Olive Drive and Allen Road. This site is
inhabited with single family residential units and was approved by an election. Annexation 429 is
located north of Ming Avenue generally between Hughes Lane and South "H" Street. The property
owners requested annexation for city services.
Annexation No. 433 is in two separate areas (1) being at the northeast corner of Noriega Road and
Allen Road and (2) located south of Quincy Street generally between Robinson and Miller Streets.
The area at Noriega and Allen is a 40-acre undeveloped site where the property consented to
annexation to develop and receive city services. The area on Quincy Street is a portion of a front
yard of a single family residence. The property wanted city services as well.
MO:pjt
Admin\dec\12-11-427
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.e.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 20, 2002
APPROVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY /~
CITY MANAGER ~
Resolution of Intention No. 1285 to add territory, Area 3-19 (Wible, McKee NE) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6124, be included in the Consolidated Maintenance District as required by section 13.04.021 of
the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
a public park and street landscaping. Staff recommends the addition of territory, Area 3-19 (Wible, McKee
NE), to the Consolidated Maintenance District. Area 3-19 is generally bounded by a line 1/4 mile north of
McKee Road on the north, a line 1/4 mile east of Wible Road on the east, McKee Road on the
south, and Wible Road on the west. This area will be under the park and streetscape zones of benefit
and will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Ivd
November 22, 2002, 9:56AM
G:\GROUPDAT%ADMINRPT~2002\Dec 11\MD3-19Ri02 dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Consent
ITEM: 8.f.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
November 25, 2002
APPROVED
DEPARTMENT H~/~~
CITY ATTORNE~/
CITY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the City
Manager or his designee of the report of the Chief Code Enforcement Officer regarding
assessment of 907 E. 21st Street in the City of Bakersfield for which a dangerous building has
been demolished and authorize collection of the assessment by the Kern County Tax Collector.
(Ward 2)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on December 9, 2002, by the City Manager or his designee
and all proposed charges were confirmed. The subject property listed below was determined by the Building
Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and
therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owner
was notified and failed to comply with the Notice of Summary Abatement. The subject property is listed as
follows:
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
1. 907 E. 21st Street 017-130-02 $ 3,175
The owner of the above-mentioned property failed to commence the required work as ordered by the Building
Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the
public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The
costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the
Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on
this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the
City to remove the public nuisance. The City Manager or his designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager or his designee of the costs incurred by the
City for work performed to demolish the subject nuisance and order that such costs be made a lien against the
property. This will be done by adoption of the attached resolution.
DEC11 HRG
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002 AGENDA SECTION: Consent
ITEM 8.g.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
November 25, 2002
~APP. R'0VED
DEPARTMENT HEAI~.~
CITY ATTORNE"~'
CITY MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the City
Manager or his designee of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2 & 7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on December 9, 2002, by the City Manager or his
designee and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 228 Augusta Street 018-200-04 $ 370.00
2. 333 Augusta Street 018-220-31 $ 395.00
3. 317 S. Bliss Street 169-103-06 $ 965.00
4. 209 Clifton Street 018-410-16 $ 240.00
5. 215 Clifton Street 018-410-17 $ 240.00
6. 227 Clifton Street 018-410-20 $ 240.00
7. 100 Clyde Street 018-340-12 $ 395.00
8. 220 Clyde Street 018-350-04 $ 395.00
9. South of 220 Clyde Street 018-350-05 $ 395.00
10. 301 Clyde Street 018-370-12 $ 244.00
11. 505 S. HaleyStreet 019-102-10 $ 244.00
12. 607 S. Haley Street 019-102-16 $ 534.00
November 26, 2002, 8:34AM
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
13. 608 S. Haley Street 019-101-02 $ 219.00
14. 3604 Meeks Avenue 172-134-16 $ 395.00
15. 129 Northrup Street 018-320-19 $ 395.00
16. North of 219 Northrup Street 018-310-16 $ 395.00
17. 312 Northrup Street 018-290-09 $ 395.00
18. 216 S. Owens Street 018-230-08 $ 244,00
19, 218 S. Owens Street 018-230-07 $ 269.00
20. 223 S. Owens Street 018-280-21 $ 370,00
21. 418 Villa Street 139-270-19 $ 639.00
22. 1234 Virginia Avenue 018-112-13 $ 244.00
Ward 2/Councilmember Benham
23. 432 Niles Street 012-150-24 $ 320.00
24. 324 Pacific Street 012-180-06 $ 570.00
25. 531 Quincy Street 013-210-07 $ 439.00
Ward 7/Councilmember Salvaqqio
26. 1016 Parnell Court
516-201-29 $ 240.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8,80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
DEC1181 HRG
November 26, 2002, 8:34AM
P:\decl 1 bi doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.h.
TO: Honorable Mayor and City Council r,t~/ APPROVED
FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE: November 7, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
1. Revised Job Specification: Automotive Pads Specialist I to Pads and Inventory
Specialist.
2. Amendment No. 5 to Resolution No. 046-02 Approving Memorandum of
Understanding for employees of the Blue and While Collar Units and adopting salary
schedule and related benefits.
RECOMMENDATION:
Staff recommends adoption of the resolution, approval of the revised job specification and title change.
BACKGROUND:
The Fire Department has requested that the Automated Pads Specialist I classification currently used in
the Public Works Department be adopted for use in the Fire Department. The specification has been
updated to reflect current terminology, assignments and minimum cualifications. The title is also being
changed to Pads and Inventory Specialist.
SUMMARY:
The job specification was approved by the Fire Civil Service Board at their meeting on November 18, 2002
and by the Miscellaneous Civil Service Board at their meeting on November 19, 2002. There is no
budgetary impact because the salary will remain the same. C.C.A.P.E. concurs with the proposed
recommendation.
Staff recommends approval of the revised job specification and title change. Staff recommends that the
title change become effective immediately following Council action.
(ag)
November 7, 2002, 10:22AM
S:~ADMINRPT~Parts & Inventory Specialist.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas - Public Works Department
November 19, 2002
APPROVED
DEPARTMENT HEAD /~])~-~
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Assessment District No. 02-1, (Avalon / Belsera / Montara / The Woods). Resolution
Approving Form and Substance of Addendum to Acquisition and Disclosure Agreement and
Authorizing Changes Thereto and Execution Thereof. {Ward 4 & 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Resolution 129-02, adopted by the City Council on July 31, 2002, approved an
Acquisition and Disclosure agreement between the City of Bakersfield and Bakersfield Avalon, LLC. Both
parties wish to amend said agreement to provide that a prescribed portion of the moneys which become
payable to Bakersfield Avalon, LLC will be withheld until Bakersfield Avalon has exercised its option to
purchase a significant parcel of land pertaining to their project. If Bakersfield Avalon does not exercise its
option, the City shall utilize the withheld funds to prepay the assessment on the parcel.
G/GROUPDAT~ADMINRPT~2002\Dec 1 l\resacqamend02-1 dot
Jas: las
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
TEM: 8.,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
November 22, 2002
APPROVED
DEPARTMENT HEAD ~
ClTY A'I-FORNEY
CI'f~MANAGER~F~r-~
Resolution authorizing the creation and maintenance of an electronic zoning map as the
official zoning map for the City of Bakersfield
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
On March 6, 2002, the Bakersfield City Council adopted Resolution No. 031-02. Resolution No.
031-02 approved an administrative policy authorizing City-wide document imaging on Lasediche, an
"archive and retrieval" system. A copy of this Resolution is attached for your review. The proposed
Resolution goes one step further and allows the Planning Division of the Development Services
Department to create and maintain an electronic zone map as the official zone map for the City of
Bakersfield.
Currently, the official zoning maps for the City of Bakersfield are comprised of a book of
approximately 175 hand-drawn maps. By creating and maintaining an electronic zone map, the City has
greater accuracy, flexibility and efficiency --all goals of Resolution No. 031-02.
Under the proposed Resolution, the Planning Department will use the existing hand-drawn map
and zone case files to produce an electronic "official" zone map. This electronic map will be placed on the
computer network in a directory explicitly designated for that purpose. An offsite version will be burned to
a compact disc and stored in conformance with existing City policy. In addition, a "working" zone map will
be created which will display zone changes as they are approved. This is the working zone map that can
be placed on the City computer and made available to the public through the internet. Annually, the
"official" zone map would be updated and a new CD burned for offsite back-up.
November 26, 2002, 9:44AM
S:\COUNClL~Admins\E]ectronicZoningMapReso.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent
ITEM: 8. k.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council ,..~/
Carroll Hayden, Human Resources Manager"'[~'DEPARTMENT HEAD ~
November 26, 2002 CITY ATTORNEY ~~
CITY MANAGER ~--~
APPROVED
Resolution for Employer Paid Member Contributions for All Employees of the Blue and
White Collar Units to CalPERS
Resolution for Employer Paid Member Contributions for All Employees of the Miscellaneous
Management Unit to CalPERS
Resolution for Employer Paid Member Contributions for All Employees of the General
Supervisory and Police Supervisory (Non-Safety)
Resolution for Employer Paid Member Contributions for All Employees of the Police and
Fire Management Units to CaIPERS
Resolution for Employer Paid Member Contributions for All Employees of the Police and
Police Supervisory Safety Units to CaIPERS
Resolution for Employer Paid Member Contributions for All Employees of the Fire and Fire
Supervisory Safety Units to CalPERS
Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to
CaIPERS as Additional Compensation for Miscellaneous Employees
Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to
CalPERS as Additional Compensation for Police Safety Employees.
Resolution Authorizing Reporting the Value of Employer Paid Member Contributions to
CaIPERS as Additional Compensation for Fire Safety Employees.
RECOMMENDATION:
Staff recommends approval of the resolutions.
BACKGROUND:
California Public Employees' Retirement System (CalPERS) requires agencies that pay member
December 4, 2002, 11:18AM
S ~ADMINRPT~EPMC as additional comp.dot
ADMINISTRATIVE REPORT
contributions for employees to pass a resolution indicating the conditions under which the member's
contributions are paid. Council has previously agreed in our employee Memorandums of Understandings
and salary resolutions to pay member contributions in a variety of ways, depending on the employee unit.
For example, Fire and Police Safety employees have 4% of their contributions paid for the first 6 years of
employment and then the full 9% amount is paid by the City after that. General Supervisory and Blue and
White Collar unit employees pay 7 of the required 8% for the first 6 years and then the City pays all 8% for
the employee. California Code of Regulation 569 (d) now requires that if employers pay member
contributions, they do so after no more than 5 years of service. The first 6 resolutions listed in the subject
section of this report are to bring our employer contributions on behalf of our employees in line with current
state law and to furnish CaIPERS with a copy of the resolutions, as required and requested by CalPERS
During the last negotiations with all of our employee units, it was agreed that effective January, 2003, the
amount of monies paid by the City Of Bakersfield on behalf of employee contributions for CalPERS would
be reported as additional compensation. The last 3 resolutions listed in the subject section of this report
are necessary to comply with Government Code Sections 20636 (c) (4) and 20691 which will allow the
City to meet the obligations Council agreed to in our employee Memorandums of Understanding and
salary resolutions.
Therefore, based on previous Council decisions, these resolutions are needed to pay member
contributions and are also needed to have contributions reported as additional compensation according to
CalPERS regulations.
ch
December 4, 2002, 11:18AM
S:\ADMINRPT\EPMC as additional comp dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.1.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 18, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
,~OVED
Tract Maps/Improvement Agreements
Final Map and Improvement Agreements with Rivedakes Enterprises, LLC for Tract 6005
Phase 2 located south of Hageman Road and west of Coffee Road. (Ward 4)
Final Map and Improvement Agreements with Stone Creek Partners, Inc. for Tract 6125
Unit 1 located north of Hosking Avenue and west of Akers Road. (Ward 4)
Final Map with Hampton Place L.P. for Tract 6007 Unit 2 located south of Palm Avenue and
west of Allen Road. (Ward 4)
Assignment Of Improvement Agreement No. 01-160 for Parcel Map 10788 from Commerce
Drive Partners to Gregory D. Bynum and Associates, Inc.. Parcel Map 10788 is located
south of Truxtun Avenue at the northeasterly end of Commerce Drive. (Ward 2)
RECOMMENDATION: Staff Recommends approval of the maps and 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.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
[~OR REVIEW.
November 26, 2002, 9:24AM
G:\GROUPDA'r%ADMINRPT\2002~Dec 11\MAP AND IMPROVEMENT AGR dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.m.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul J. Rojas, Public Works Director
November 19, 2002
APPROVED
DEPARTMENT HEAD ~
CITY A'I-I'ORNEY ~
CITY MANAGER ~
Reimbursement Agreement for Tentative Tract 6023 (Ward 4):
1. Reimbursement Agreement with Coleman Homes, Inc. ($225,680.27) for
construction of the Olive Drive Golf Cart Crossing.
2. Appropriate $225,681 Rivedakes Planned Drainage Area Fees to the Capital
Outlay Fund's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: Resolution No. 89-91 established the Riverlakes Planned Drainage Area (PDA) to
ensure sufficient funds were collected to construct a drainage area which would benefit development
within the PDA. As part of the conditions of approval for the Rivedakes Golf Course, the developer (the
Links) was responsible for several PDA improvements and a golf cart crossing under the proposed Olive
Drive. While the PDA improvements have been completed by the Links, the golf cart crossing was not
completed by this developer.
Coleman Homes was developing Tract 6023, which is part of the Riverlakes PDA. As part of the
conditions for this Tract, the developer was required to construct Olive Drive. The Links management was
not prepared to construct the golf cart crossing at the time Olive Drive was constructed, so the City
requested that Coleman Homes build the crossing during the construction of Olive Drive.
AS the City is required to reimburse the Links for several of the PDA improvements and the Links is
responsible for the cost of the golf cart crossing, the CITY will reimburse Coleman Homes directly for costs
they incurred in constructing the golf cart crossing. Funding for this reimbursement will come from already
collected PDA fees. This will relieve the Links from their responsibility regarding the golf cart crossing.
November 19, 2002, 3:29PM
G:\GROUPDAT'~ADMINRP%2002~Dec 11\Rivedakes PDA Agr..doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.n.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
November 20, 2002
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
CITY MANAGER
1. Amendment No. 1 to Agreement No. 99-294 with Sylvia Mendez & Associates for
certified court reporting services provided to the City of Bakersfield's City Attorney's Office;
and
2. Amendment No. 1 to Agreement No. 99-295 with Wood & Randall for certified court
reporting services provided to the City of Bakersfield's City Attorney's Office.
RECOMMENDATION:
Staff recommends approval of the amendments.
BACKGROUND:
The agreements with these court reporting services was due to expire in November of 2002. An
extension period of 7 months is being proposed at this time. The City Attorney's Office plans to initiate
another RFP process this spring and bring back to the Council another set of three-year contracts prior to
July 1,2003.
November 20, 2002, 2:21 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.o.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 14, 2002
APPROVED
DEPARTMENT HEAD
C TV M^.AGER
Amendment No. 1 to Agreement No. 02-063 with URS Corporation to increase
compensation to Consultant by $6,000 (for a total contract amount of $625,690) for a traffic
signal design. (Ward 7)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City of Bakersfield entered into Agreement No. 02-063 on March 6, 2002 with URS
Corporation for preparing plans, specifications and estimate for modifications to the Interchange of State
Route 99 at White Lane. Work includes design for widening overcrossing, modifications to the northbound
on/off ramps, sound barrier and landscaping the Interchange.
Due to the City's desire for additional engineering services associated with the project development, this
amendment will allow the Consultant to prepare plans, specification and estimate for a traffic signal at the
White Lane/NB Exit Ramp Intersection.
Sufficient funds are available within the project's budget and no additional appropriation is necessary.
Engr dc
November 15, 2002, 1:06PM
G:~GROUPDAT~ADMINRPT~2002\Dec 11~Admin Rpt Amend1 to Agr02-063.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
I ITEM: 8.p.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
November 18, 2002
APPROVED
DEPARTMENT HEAD~¢~
CITY A'I-rORNEY
CITY MANAGER
Amendment No. 2 to Agreement No. 96-175 with Gordon Special Services dba J&J Special
Services for Administration of the School Crossing Guard Program.
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On June 26, 1996, City Council approved Contract No. 96-175 with Gordon Special Services for
administration of the School Crossing Guard Program.
The contract terminated on June 30, 2002, so the attached amendment is necessary to continue the
services through the end of the 2002/2003 school year. The City intends to bid the crossing guard
services to cover the 2003/2004 school year.
Staff recommends that Council approve the attached amendment between Gordon Special Services and
the City of Bakersfield.
All other terms and conditions of Agreement No. 96-175 remain unchanged.
November 15, 2002, 11:40AM
P:/ADMRPT~Amend to Agrmt No 96-175.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 14, 2002
APPROVED
DEPARTMENT HEAD
ClTY ATDORNEY
CITY MANAGER ~
Improvement Plan Checking Engineering Services:
1. Design Consultant Contract with Cannon & Associates (not to exceed $50,000) for
improvement plan checking engineering services.
2. Appropriate $50,000 additional General Fund Improvement Plan Check Revenue to the
Public Works Department's Operating Budget.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department currently has a 4 week back
log in improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to
maintain an acceptable service level for the development community, staff recommends hiring an outside
consultant firm to provide plan checking services during peak times.
Revenue higher than originally estimated will be realized in the current fiscal year because of the
increased activity.
December 3, 2002, 8:18AM
G:\GROUPDAT~ADMINRPT~2002~)ec 11\Cannon Assoc Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
IAGENDA SECTION:
ITEM:
Consent Calendar
TO: Honorable Mayor and City Council AP~
ROVED
FROM: Gene Bogart, Water Resources Manager DEPARTMENT HEAD ~ j
DATE: November 21, 2002 CITY ATTORNEY ~")~-'~
CITY MANAGER ~3'~
SUBJECT:
Carrier Canal Development Agreement with MONY Life Insurance Company to convert
open canal to box culvert (Ward No.5)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
This agreement will allow MONY Life Insurance Company to convert a portion of the City owned and
operated Carrier Canal into a concrete box culvert. MONY has purchased the former Discovery Plaza
office building just east of Mohawk Drive and the new tenant is in need of additional parking spaces. The
Carrier Canal is immediately behind and adjoining the office complex and the covering of the ditch will
allow MONY to expand parking over the top of the installed box culvert. The CITY is owner in fee of the
Carrier Canal between Discovery Plaza and Office Park Drive. MONY is willing to purchase the fee
ownership of this portion of the canal from CITY and return an easement to CITY for the covered canal.
MONY will pay fair market value for the canal at its appraised price, less the sum of the construction cost
of the box culvert. MONY will be given a ten percent incentive of the difference of price and appraised
value, if the appraised price exceeds the installed cost. The CITY will receive the remainder of funds.
MONY will be solely responsible for all aspects of the installation of the 540 foot long box culvert and
parking area, including financing, engineering, construction, inspection, coordination, permits, approvals,
and licenses required. MONY shall warranty the project for one (1) year after construction. The culvert
construction schedule for 2002-2003 is through February 1, 2003, from which date liquidated damages of
$2,500.00 per day will be assessed.
FC:fc
November 20, 2002, 7:30AM
S:~002 ADMIN REPORTS\DE 11WTICC.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
TEM: 1~,5,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 20, 2002
DEPARTMENT HEAD /~..~R OVE D
CITY ATTO R N EY,.~./~"~--
CITY MANAGER
Amendment No. 1 to Agreement No. 99-216 with Normal Development to revise Exhibit "A"
to include an additional tract to receive the Transportation Impact Fee credit (no change in
the not-to-exceed credit amount). (Ward 7)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 99-216 provided for a maximum transportation impact fee credit of
$215,000 in exchange for the developer constructing two lanes on Hosking Road between Akers Road
and Wible Road. Exhibit A of the original agreement listed specific tracts which were to receive the credit.
Those tracts are now fully developed and a remaining credit of approximately $86,000 remains. The
developer has requested that the remaining credit be applied to Tract 6125-Phase 1 (53 lots).
November 20, 2002, 4:06PM
G:\GROUPDAT~ADMINRPT~.002~Dec 1 l~Amend 99-216 Adrnin.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.t..
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 18, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Transportation Impact Fee Agreement with Stuart Thomas Incorporated, a Nevada
Corporation DBA Lenox Homes for Tract 6064, located south of Berkshire Road and east of
South "H" Street. 0Nard 7)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: Lennox Homes will construct required improvements for the widening of the canal box
culvert at Berkshire Road and the Kern Island Canal and the east side of South "H"
Street along the frontage of their Tract 6064. The City will credit Lenox Homes for his
portion of regional transportation impact fees in Tract 6064, to the actual amount of the
design and construction cost of the improvements, not to exceed Three Hundred
Twenty-four Thousand Four Hundred Twenty-Five Dollars ($324, 425.00)
td
November 22, 2002, 1:19PM
G:\GROUPDAT~2002~Decl 1\Lenox Homes TIFAgr doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.u.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
November 21, 2002
· APPROVED
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
Memorandum of Understanding between the City of Bakersfield and the Housing Authority
of the County of Kern regarding twoTrek bicycles for Police patrol in the Lakeview Area.
RECOMMENDATION:
Staff recommends that the Council authorize the agreement with the Housing Authority of the County of
Kern.
BACKGROUND:
The City recently opened a satellite office in a building owned by the Housing Authority of the County of
Kern ("HACK"). HACK has offered the use of two new Trek bicycles to assist the Bakersfield Police
Department in its patrolling duties in the east area of the satellite office. These bicycles are valued at
$964.15 each and will be a useful asset for crime prevention.
Should the bicycles be destroyed or stolen, the City will have to repay HACK at a prorated rate. The City
is responsible for all maintenance.
EWM/ADD:Isc/vrf
December 5, 2002, 2:19PM
P:\HACK Trek Bicycle MOU
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.v.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~--~'_~
DATE: December 3, 2002 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Amendment No. 1 to Agreement No. CA 02-042 in an amount not to exceed $80,000 with
Michael G. Marderosian for outside legal services in the matter of Ochoa v. City of
Bakersfie/d, United States District Court Case No. CV-F-01-5559 AWl DLB.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On November 6, 2002 the City Council was informed the City Attorney's Office hired Mr. Marderosian of
the Law Offices of Marderosian, Runyon, Cercone & Lehman to handle the matter of Ochoa v. City of
Bakersfield because of short-term staffing problems. Unfortunately, this case has proven to be more
complex and requires more work to prepare it for trial than first estimated; thus, the contract amount
should be increased, not to exceed $80,000, as per the attached contract amendment.
BJ I%&DD:Isc
December 3, 2002, 8:43AM
S:\COUNClL~Admins~AttyRetainerAgmtAmendl .Marderosian dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.w.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 14, 2002
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Amendment No. 3 to Agreement No. 01-143 with Sturgeon & Son, Inc. to add $68,000
to the annual earthmoving and hauling agreement (for a total citywide annual contract amount of
$1,189,500).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND:
The Annual Contract for Earthwork and Hauling includes work for various departments. The Solid Waste
Division portion of this contract has been exhausted due to equipment down time and the need to
complete earthmoving projects in a timely fashion. Staff estimates that an additional amount of $68,000 is
needed to complete work at the Mt. Vernon Greenwaste Facility. Approximately 30 percent of the
expenditure will be recovered through the City/County cost sharing agreement.
Engr. dc
November 26, 2002, 2:35PM
S:\FiLING\400 CONTS & AGMNTS\FY_0203~AdminRpt_Sturgeon & Sons Amendment 01-143(3).doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
IAGENDA SECT1ON: Consent Calendar
ITEM: 8. x.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 14, 2002
APPROVED
DEPARTMENT HEAD
CITY A'I-FORNEY.
CITY MANAGER
Amendment to Agreement with Shibumi Consulting Services:
1. Appropriate $50,000 Solid Waste Fund Balance to the Public Works Department's
Operating Budget.
2. Amendment #1 to Consultant Agreement PW 02-107 with Shibumi Consulting Services,
Inc., to add $50,000 (total compensation for this agreement not to exceed $59,000), and
additional scope of work for the implementation of improvements to the City's data
collection software.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: Per Agreement No. PW 02-107, the consultant performed a review of the City's HTE
utility billing system to determine whether various functions historically performed by an assortment of
other software programs could be consolidated into the City's main utility program. The consultant
reporied that this is feasible, based on experience in other cities which use the same software.
Several potential improvements were recommended in the consultant report, and staff met with the
consultant to scope an implementation plan for most of the improvements. Staff recommends
approval of this amendment to implement the proposed scope of work.
The original department contract of $9,000 was for the system review only. This $50,000 amendment is for
the actual system modifications as recommended in the consultant's report. Staff also recommends
appropriating additional funds to cover this amendment.
G:\GROUPDAT~DMINRt:rD2002XI2N~c I IXAdmmRpt_Slfibumi HTE Ceasulting Amendment~l.doc 12/4/2002 2:14 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.y.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raui M. Rojas, Public Works Director
November 27, 2002
DEPARTMENT HEAD
CITY ATTORNEY //~/~ ~/'
CITYMANAGER (~'~
APPROVED
Reimbursement Agreement with Jack and Shirlyn Davenport for Widening Rosedale
Highway West of Henry Lane, with Relocation of an Existing Retaining Wall in an
Amount Not to Exceed $3,860 and Exchange of Properties at 2601 Rosedale Highway.
(Ward 4)
RECOMMENDATION: Staff recommends approval of Agreement
BACKGROUND: The city is experiencing severe traffic congestion in the vicinity of Rosedale Highway as
a result of heavy residential and commercial development and the limited existing traffic lanes. In an effort
to relieve this congestion, the City is in the process of acquiring right of way for an additional 12 foot lane
along the Rosedale corridor. The owners of Davenport Sweeping at 2601 Rosedale Highway are willing to
deed the necessary land on Rosedale Highway to permit construction of additional travel lanes, in
exchange for a portion of land currently used as a water retention basin. The City will also provide
improvements of curb gutter and sidewalk along the Davenport parcel frontage and compensate the
owners for relocation of an existing retaining wall (not to exceed $3,860) as part of the exchange.
November 27, 2002, 11:05AM
G:\GROUPDATLADMINRPT~2002\Sep 4\Davenport Reimbursement Agr doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
IAGENDA SECTION: Consent Calendar
ITEM: 8.z.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 26, 2002
APPROVED
DEPARTMENT HEAD ~,~
CITY A'I-I'ORNEY
CI'FYMANAGER~
Amendment No. 1 ($5,000 for a total not to exceed compensation clause of $73,400) to
Consultant Agreement No. 02-255 with Niemeyer & Associates, P.C. for inspection and
safety training of the Bakersfield Amtrak Track. (Ward 2)
RECOMMENDATION:
Staff recommends approval of Amendment
BACKGROUND: The Scope of Work in the original agreement for "Inspection Services for Bakersfield
Amtrak Station Track from H Street to Union Avenue including trackage at Amtrak Station" did not include
preparation of a rail safety training program and training of City Staff to meet FRA guidelines. Now that the
City has determined this safety training is required, this amendment is needed.
Amendment No. 1 adds $5,000 to the total compensation amount, bringing the contract amount to
$73,400. Funds are available to cover this increased cost.
Wgm November 26, 2002.2:29PM G:\GROUPDAT~DMINRPT~2002\Dec II,Amendment No. 1 to Agreement No. 02-255.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8.aa.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 26, 2002
DEPARTMENT HEAD /,~PROVED
Agreement with URS Corporation for $145,335.00 for the preparation of a Preliminary
Geometric Design and development of a Specific Plan Line for the future interchange at
Hosking Road and State Route 99; and for the preparation of a Project Study Report (PSR) for
the widening of the existing interchange at Olive Drive and State Route 99. (Ward 7).
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: Funds were budgeted in the current year's Capital Improvement Program to begin work on
developing a plan for a future interchange at Hosking Road and State Route 99. Originally, it was planned to
have a Project Study Report (PSR) prepared for this interchange. However, staff has recently learned that
having a PSR prepared too far in advance of the project being constructed renders the PSR of little value to
Caltrans, and in fact they may require it to be redone. Therefore, staff is now recommending only preliminary
geometric engineering be performed at this location so that a specific plan line for the interchange can be
developed. Then when development adjacent to the interchange occurs, this specific plan line will allow the
right of way for the future interchange to be reserved and ultimately acquired. The PSR can follow when
development and higher traffic volumes (current daily traffic is only 2,375 vehicles) indicate a need for the
improvements.
Staff has also been working with Kern County and the Kern Council of Governments on the Hageman Flyover,
one of the elements of the Bakersfield Systems Study. The PSR for this project has been completed and is
currently being reviewed by Caltrans. The analysis of the Hageman Flyover project has revealed issues with
traffic congestion on nearby Olive Drive at and west of State Route 99 which affect the traffic volumes on
Hageman Road. This area of Olive Ddve has been getting more and more congested as development to the
south and west of the area continues. Much of this development is occurring within the City. The Hageman
PSR analysis indicates that this will only get worse over time, and not taking any action to improve Olive Ddve
will result in negative impacts to Hageman traffic. In an effort to study Olive Drive improvements that would
enhance traffic flow for the entire area, City and County staff have developed a joint plan whereby the City
would be the lead for preparing a PSR for the interchange expansion and adjacent street improvements, and
then the County would take over the lead on developing the environmental document and project report
PA&ED), construction plans and specifications (PS&E), and the ultimate construction of the improvements.
Once the PSR is complete, the County will propose to KernCOG that the project be incorporated into the State
Transportation Improvement Program (STIP) for funding of the future phases.
URS Corporation has just completed the PSR for the Hageman Flyover, and as such has much familiarity with
the traffic problems and issues in the area. They have already completed traffic modeling data for the
Hageman PSR which could be used for the Olive Drive PSR. Therefore, staff is recommending that URS
Corporation by retained to perform this work. One-hundred Fifty Thousand ($150,000) was budgeted in the
current fiscal year for the Hosking PSR, and staff is recommending that these funds be used for both the
Hosking preliminary engineering work as well as the Olive Drive PSR.
tdw:November 26, 2002, 2:34PM
G:\GROUPDAT~ADMINRPT~2.002\Dec 11\Hosking-Olive 99 PSR Admin Rpt.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
TEM: 8. bb.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Start Ford, Director of Recreation and Parks
12/02/2O02
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Planz Park Playground Rehabilitation Project (Ward 7).
1). Award Contract to Brown and Fowler Construction in the
Amount of $147,157.00, for Planz Park Playground Rehabilitation Project.
2). Appropriate $36,336 Uncommitted CDBG Funds to the Recreation and Parks
Department, Capital Improvement Budget Within the Community Development Block
Grant Fund.
RECOMMENDATION:
Staffrecommendsawardofthecontractandappropriationofthefunds.
BACKGROUND:
Twelve bid packets were sent out to contractors. Three bids were received. The lowest responsible bid
for Planz Park Playground Rehabilitation Project totals $147,157.00.
Three (3) bids were received as follows:
Brown and Fowler Construction
4211 Atlas Court
Bakersfield CA 93308 $147,157.00
Nicholas Construction
1975 Airport Drive
Bakersfield CA 93308
$156,245.00
Malibu Pacific Tennis Court Inc.
31133 Via Colinas #102
Westlake CA 91362 $175,780.00
In accordance with the above, staff prepared the attached contract with Brown and Fowler Construction
to have playground rehabilitation services performed at Planz Park. In addition, staff recommends that
Council appropriate $36,000 uncommitted CDBG funds to help pay for the project.
December 3, 2002, 10:39AM
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.c¢.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 22, 2002
APPROVED
DEP A.'r.E.T .EAD
/
el. ATTORNEY
CITY MANAGER
Accept bid from GTSI Corporation, $429,166.24, for 103 Panasonic Toughbooks for the
Police Mobile Data Computer System.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Six (6) bids were received as follows:
GTSI Corporation
3901 Stonecroft Boulevard
Chantilly, VA 20151
Mobile Man
2291 The Alameda
Santa Clara, CA 95050
Technology Integration Group
23 Mauchley, Suite 115
Irvine, CA 92618
in the amount of
in the amount of
in the amount of
Oakland Computer Company
478 - 7th Street
Oakland, CA 94607
in the amount of
L & E Mobile Computer
1013 Conshohocken Road
Conshohocken, PA 19428
in the amount of
Motorola
4644 Parkridge Road
Sacramento, CA 95822
in the amount of
$429,166.24
$429,387.17
$431,927.93
$437,119.90
$459,539.28
$528,586.99
Purchasing Division
DW:Iim
P:~ADMIN~002 ADMIN\C02_121 l_C_Panasonic Toughbooks.doc
November 26, 2002, 2:37PM
(REVISION)
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.dd.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 22, 2002
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Accept bid to award annual contract to San Joaquin Fence & Supply, not to exceed the
budgeted amount of $250,000.00, to furnish and install fencing around various City
properties and canals.
RECOMMENDATION:
Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract provides fence repairs and fencing of City owned properties and
canals to prevent potential injury to citizens. Bid packages were sent to four (4) vendors. One (1) bid,
from the current contract holder, was received. It reflected no significant change in unit prices for fence
supplies.
Departments estimate quantities and types of supplies and repair that may be required for the upcoming
year. Actual fence supplies and repair is not known until the need arises, due to accidents, vandalism,
etc.
November 22, 2002, 10:17AM
PURCHASING DIVISION / DW:Ijm
P:~ADMIN~002 ADMIN\C02_121 l_D_AC-Fencing.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.ee.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: November 21,2002 CITY ATTORNEY J~
CITY MANAGER
SUBJECT:
Accept bid from Bearcat Manufacturing, Incorporated, $31,607.33, for one (1) additional
crack sealing machine for Street Maintenance Division.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations were sent to twenty (20) potential vendors. One (1) bid was received, as
follows:
Bearcat Manufacturing, Incorporated
3650 Sabin Brown Road
Wickenburg, AZ 85390
in the amount of
$31,607.33
Purchasing Division
DW:Ijm
P:~ADMIN~2002ADMIN\C02 1211 A Crack Sealing Machine.doc
November 21, 2002, 3:12PM
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8.ff.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: November 21,2002 CiTY ATTORNEY/'/
C MA. AGER
SUBJECT:
Accept bid from Jim Burke Ford, $28,207.47, for one (1) replacement cab and chassis for
the Fire Department Patrol vehicle.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations were sent to sixteen (16) potential vendors. Two (2) bids were received, as
follows:
Jim Burke Ford
P.O. Box 2088
Bakersfield, CA 93303
Hoblit Motors
P.O. Box 910
Woodland, CA 95776
in the amount of
in the amount of
$28,207.47
$28,614.3O
Purchasing Division
DW:ljm
P:~ADMINk2002 ADMIN\C02 1211 B Cab & Chassis Fire Dept.doc
November 21,2002, 4:08PM
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Consent Calendar
ITEM: 8. gg.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 22, 2002
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
ROVED
Various Street Improvements - Hageman Road, Calloway Drive and Old Farm Road
(Ward 4):
1. Accept base and alternate bid to award contract to E & M Constructors Co.
($362,831.40) for the Project.
2. Approve Reimbursement Agreement with Riverlakes Community Church (actual
cost of alternate bid to be reimbursed to City).
3. Appropriate $187,000 fund balance and $113,000 Developer Contribution to the
Capital Improvement Budget within the Transportation Development Fund.
RECOMMENDATION: Staff recommends acceptance of Iow Base Bid, awarding of contract for Base Bid
and Additive Alternate, and approval of the Reimbursement Agreement and appropriations.
BACKGROUND: The City of Bakersfield and Rivedakes Community Church have agreed to construct
street improvements on Hageman Road and Calloway Drive through a Reimbursement Agreement based
upon the Church's approval of the selected bidder's proposed estimate for the Church's portion (Additive
Alternate Bid). As stated in tl~e bid proposal sheet, the apparent Iow bidder for the project will be
determined by the total of the Base Bid. The City received written consent from the Church officials
authorizing the City's Iow bidder, E & M Constructors Co., to construct their portion of the project (Additive
Alternative Bid) under the City's construction contract.
Project consists of completing the roadway to ultimate width on Calloway Drive and Hageman Road,
completing the roadway on Old Farm Road and installing raised medians on Hageman Road. It is
budgeted within the current fiscal year. Intended improvements will be completed with budgeted funds
and the appropriation.
On October 10, four acceptable bids were received. The Iow base bidder for the City is E & M
Constructors Co.
E & M Constructors Company
15981 Yarnell Street #198
Sylmar, CA 91342 (Out of town)
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
Base Bid
Additive Alt. Bid
Total, in the amount of
Base Bid
Additive Alt. Bid
Total, in the amount of
$249,925.00
$112,906.40
$362,831.40
$279,079.00
$85,555.00
$364,634.00
Engr. dc
November 22, 2002, 9:00AM
G:\GROUPDA'I%ADMINRPT~.002~Dec 11~Admin Rpt_Hageman-Calloway-OIdFarm-St-lmpr~t,doc
ADMINISTRATIVE REPORT
Granite Construction Company
3000 James Road
Oildale, CA 93308 (County)
Bowman Asphalt, Inc.
3527 Brian Way
Bakersfield, CA 93308 (City)
Base Bid
Additive Alt. Bid
Total, in the amount of
Base Bid
Additive Alt. Bid
Total, in the amount of
$280,831.00
$68,012.00
$348,843.00
$316,131.92
$80,545.19
$396,677.11
Engr. dc
November 22, 2002, 9:00AM
G:\GROUPDAT~ADMINRP~2002~Dec 1 l~Admin Rpt_Hageman-Calloway-OldFarm-St-lmpn/t.doc
ADMINISTRATIVE REPORT Page I
MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.hh.
TO: Honorable Mayor and City Council APPROVED
FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD ~
DATE: November 18, 2002 CITY ATTORNEY ~
CITY MANAGER
SUBJECT:
Reject bid for Pin Oak Park Water Playground (Ward 5)
RECOMMENDATION:
Staff recommends the rejection of bids and reevaluation of the project.
BACKGROUND:
The project includes the installation of an interactive water playground at Pin Oak Park. The three bids
received are significantly higher than the Engineer's estimate of $170,000.00. The project will be reevaluated.
Three bids received on September 18, 2002 as follows:
Tri State Construction
12905 Hageman Road
Bakersfield, CA. 93312
Brown and Fowler Construction
4211 Atlas Court
Bakersfield CA. 93308
James E. Thompson, Inc
dba JTS Construction Company
7001 McDivitt Drive, fib
P.O. Box 41765
Bakersfield, CA. 93384
in the amount of
in the amount of
in the amount of
$268,897.0O
$312,695.30
$327,188.00
p:PinOakAdmin
MEETING DATE: December 11, 2002
ADMINISTRATIVE REPORT Page 1
ITEM: 8.ii.
AGENDA SECTION: Consent Calender
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 25, 2002
APPROVED
DEPARTMENT HEAD ~,~"~
CITY MANAGER ~
SUBJECT: Pacific Gas & Electric's request for an easement to locate a guy wire anchor on City owned
real property located at the northeast corner of Calloway Drive and Olive Drive. (Ward 4)
RECOMMENDATION: Staff recommends approval of easement.
BACKGROUND:
Pacific Gas & Electric Company has requested the city grant them a ten foot wide easement to
accommodate their placement of a new electric pole guy wire and anchor due to city's construction of the
Olive Drive / Calloway Drive road and canal relocation project. City will bear no expense in this pole
relocation. Pacific Gas & Electric's request has been reviewed by the Public Works Department and
Property Management Division and will have no negative impact on city facilities.
(Brief title from the subject)
jws
11/25/200210:39 AM
P:~ADMINFORM wpd
ADMINISTRATIVE REPORT
I MEETING DATE: December 11,2002 AGENDA SECTION: Consent
ITEM: 8..~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
December 4, 2002
/,~-~/~PROVED
DEPARTMENT HE~D ~
General Plan Amendment 02-0623 (Ward 3)
Mclntosh & Associates is requesting an amendment to the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan deleting that segment of Masterson Street
between Lake Ming Road and Bella Drive in northeast Bakersfield from the Circulation
Element as a planned arterial. Appeal by the City of Bakersfield Public Works Department.
RECOMMENDATION:
Staff recommends continuing this matter to January 15, 2003.
BACKGROUND:
This case was continued from the meeting of November 20, 2002 in order that the applicant and
staff meet.
They have met but there are additional design and financial details which must be worked out for a
good understanding of the situation.
MG:pjt
(Admin\nov\l 2-11-0623)
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Consent Calendar
ITEM: 8. kk.
TO: Honorable Mayor and City Council AtC~ APPROVED
FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE: November 19, 2002 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Revised Job Specifications
1 ) Traffic Painter II
2) Traffic Painter III
RECOMMENDATION:
Staff recommends approval of the revised job specifications.
BACKGROUND:
At the request of the General Services Superintendent, the job specifications for Traffic Painter [I and
Traffic Painter Ill have been reviewed and updated in light of the requirement to operate commercial
equipment. A Class "B" commercial driver's license will now be required. Current employees will be given
six months to get a Class "B" with the requisite training and assistance. New employees and employees
promoting to a higher level will be required to obtain a Class "B" driver's license prior to appointment.
Changes have also been made to reflect current responsibilities and minimum qualifications.
There is no budgetary impact as the salary range for both classifications will remain the same.
The Central California Association of Public Employees endorses the revisions.
The revised job specifications were approved by the Miscellaneous Civil Service Board at their November
19, 2002 meeting.
(jm)
November 1 g, 2002, 10:28AM
S:~ADM~NRPT~Traffic Painter Job Spec Revisions.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.]].
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /[~._
DATE: November 21,2002 CITY A'I-rORNEY
CITY MANAGER ~
SUBJECT:
Miscellaneous Appropriations/Transfers (Ward 2):
1. Appropriate $8,360 Amtrak Railway Fund Balance to the Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This administrative report recommends appropriation of the remaining fund
balance within the Amtrak Railway Fund. With the final payment to the Burlington Northern &
Santa Fe Railroad (BNSF), all bills for the Amtrak Station are paid. The final payment to BNSF
was close to $619,000 with approximately $428,000 paid with State Inner City Rail funds and the
remainder paid out of the Gas Tax Fund. Staff recommends transferring $8,359.07 of the amount
originally coded to the Gas Tax Fund to the Amtrak Railway Fund. This will then close out the
Amtrak Railway Fund.
November 21, 2002, 11:03AM
G:\GROUPDATV~DMINRPT~2002~Dec 1 l~Additional Approp-Amtrak.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Consent Calendar
ITEM: 8.n~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 26, 2002
APPROVED
DEPARTMENTHEAD /'*~j//~
CITY ATTORNEY ~/
CITY MANAGER ~d~_'~.
SUBJECT:
Appropriate and transfer $2 million General Fund Balance to the Self-Insurance Fund to
partially cover a deficit at June 30, 2002.
RECOMMENDATION: Staff recommends approval of the appropriation and transfer.
BACKGROUND: City staff has re-evaluated the estimate of the City's short and long term self-
insurance liabilities in order to ensure compliance with General Accounting Standards Board (GASB)
Statements 10 and 34.
The self-insurance $7,055,000 ($5,195,000 Workers Compensation, $1,860,000 General Liability)
estimated claims payable at June 30, 2002 exceed the assets in the Self-Insurance Fund by $3,468,944.
Staff recommends funding this deficit with $2 million General Fund available balance immediately and the
remainder over two (2) years through interfund charges.
This topic was included in the City Council workshop of November 20, 2002.
November 26, 2002, 12:15PM
FINANCE DEPARTMENT / GJK:Ijm
P:~ADMIN~002 ADMIN\C02 1211 E Serf Insurance Fund.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
ITEM: 8..-.?..
AGENDA SECTION: Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Donna L. Kurtz, Economic Development Director
November 26, 2002
CITY ATTORNEY
CITY MANAGER
SUBJECT: Historic Preservation Commission 2001/2002 Fiscal Year Annual Report. (All Wards)
RECOMMENDATION:
Staff recommends acceptance of report.
BACKGROUND:
The Historic Preservation Ordinance requires the Historic Preservation Commission to prepare an annual
report to the Mayor and City Council on Commission activities. This annual repod: covers fiscal year
2001/2002. During the last year, the Commission participated in a variety of activities promoting historic
preservation in Bakersfield.
It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected
Chairman in June 2002.
S:~Admins\City Council\HPC ann report doc
11/26/2002 10:59 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Hearings
ITEM: 9.a.
AP ROVED
TO: Honorable Mayor and City Council .~_l
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 15, 2002 CITY ATTORNEY.~/~
CITY MANAGER ~
SUBJECT:
Continued hearing to consider a Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield (1.95% proposed fee
increase).
RECOMMENDATION: Budget and Finance Committee recon~ends adoption of Resolution.
BACKGROUND: The hearing to consider a Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield was on the July 31, 2002 Council
agenda. At this Council meeting, the Park Development Fee was referred to the Budget and Finance
Committee for review. This issue went before the Budget and Finance Committee at its October 10, 2002,
meeting. Material distributed at this meeting is included with this Administrative Report for reference. At
this Budget and Finance Committee meeting, staff was instructed to meet with the Building Industry
Association (BIA) to address outstanding issues the BIA had with staff's original recommended 2.8%
increase in the Park Development Fee.
On October 14, 2002, City staff met with Brian Todd, Executive Vice President of the BIA. The following
items were discussed at this meeting.
· The BIA indicated that a more appropriate index to use in adjusting the park development fee
would be the Construction Cost Index, rather than the historically used Consumer Price Index
(staff's initial recommended 2.8% increase resulted from the Consumer Price Index). Annual index
averages were used for the most current calendar years for which a full 12 months of indexes were
available. This would be the 2001 and 2000 annual averages index, which computes to a 1.95%
increase. This would increase the current fee of $635 per single family unit to $647. This is $6
less than staff's initial recommendation of a 2.8% increase (from $635 to $653 per single family
unit). Staff concurs with the BIA that the Construction Cost Index will be the most appropriate
index to use for this fee.
· Mr. Todd also indicated that the BiA believes the Park Development Fee should be adjusted by a
credit for new development's share of the several bond grants received by the City. The BIA
indicated that this issue could be tabled until a future date if the Park Development Fee was
increased by no more than 1.95%. It is important to note that staff does not share the BIA's view
on this issue. Recent State Bond measures have provided some funds for local Recreation and
Park projects; however, they are being used for enhancements beyond basic facilities and are
distinct from those provided by the Park Development Fees. In addition, these are one time funds
November 20, 2002, 1:35PM
G:\GROUPDAT~ADMINRP3R2002'~Dec 11~Park Dev Fee.doc
ADMINISTRATIVE REPORT
with special requirements which cannot be relied on for basic park development. The bond funds
are currently being used for recreational facilities (such as the Kern River Parkway new 32-acre
park, aquatics and ice complex, etc.) which serve all residents and enhance the livability of the
community.
During this meeting, City staff also expressed a desire to work with the BIA in the near future to
reach a common understanding of the basic amenities of a 10-acre park and the associated costs
for these amenities. Preliminary staff estimates show a significant increase in costs for--the current
list of amenities which are typical in a 10 acre park. Mr. Todd indicated that the BIA would be
receptive to working with City staff on this issue. Staff will contact the BIA in early 2003 to set up
an initial meeting to begin dialogue.
Staff presented this information at the November 14, 2002, Budget and Finance Committee meeting
(material distributed at this meeting is attached to the Administrative Report). The proposed 1.95%
increase was unanimously approved by this Committee.
Therefore, in accordance with Section 15.82.060 of the Bakersfield Municipal Code, the attached
Resolution is the Public Works Director's annual report to the City Council with updated, new or additional
information regarding the fee amount collected for the development of parks within the City. City staff
recommends the following changes to this fee:
Type of Dwellinq Unit
PARK DEVELOPMENT FEE
PER DWELLING UNrr
Proposed
Proposed Fee Amount Current Fee Amount Increase
Single Family Dwelling $647
Duplex Dwelling Unit $647
Multiple Family Dwelling Unit $647
Mobile Home $647
$635 $12
$635 $12
$635 $12
$635 $12
The park development fee was last adjusted in January, 2001.
November 20, 2002, 1:35PM
G:\GROUPOAT~ADMINRPT~2.002'~Dec 1 l~Park Dev Fee.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Hearings
ITEM: 9. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 25, 2002
,,,~'~-~PROVED
DEPARTMENT ~ ~/~-~
c,Ty
CITY MANAGER
Resolution upholding the appeal and modifying the decision of the Planning Commission
approving Vesting Tentative Tract Map No. 6140 and the Development Plan for PUD Zone
Change No. 02-0291 on certain property located on the south side of Highway 58, and the
east side of South Oswell Street. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the appeal and modifying the decision of
the Planning Commission.
BACKGROUND:
On October 17, 2002, the Planning Commission adopted Resolution No. 132-02 conditionally
approving Vesting Tentative Tract Map 6140 and Resolution No. 133-02 conditionally approving
the development plan for PUD Zone Change No. 02-0291. Tract 6140 consist of 357 lots for
purposes of single family development, 1 lot for private a park, and 1 lot for a retention basin on
80.82 acres, zoned R-l/PUD (One Family Dwelling- Planned Unit Development), and included
requests for alternate lot and street design. The R-l/PUD zone applied to the property requires
review of the development plan. The development plan depicted typical building footprints and
elevations for the homes and design plans for the private park. Mclntosh and Associates,
representing the subdivider, ADH Corp., filed an appeal identifying two conditions. The appellant
desires the City instead of the homeowners association maintain the proposed retention basin
(sump) located within the tract. Secondly, the appellant requests deletion of the condition placed
on both the tract and the development plan that requires the subdivider disclose the types of
property uses surrounding the tract in the Covenants Conditions and Restrictions (CC&Rs). The
project site is generally located near the southeast corner of Highway 58 and South Oswell Street.
The Planning Commission adopted Condition No. 10 for Tract 6140 as follows:
10.
"A flowage easement shall be granted to the City to allow for the collection of drainage from
Oswell Street, Zephyr Lane, and Sterling Road adjacent to the residential portion of the
tract. City will not maintain or contribute to the maintenance of the retention basin and
drainage system."
ADMINISTRATIVE REPORT Page2
The applicant's letter of appeal (attached) states that the homeowners association would be
maintaining a sump, which collects public water. Thus, the sump is a public facility maintained by a
private entity (homeowners association) without the taxing authority. The applicant states City
standards and the Municipal Code require a taxing authority maintain a public sump. In addition,
the City has the equipment and experience necessary to properly maintain a sump.
The City policy is that sumps contained within private tracts and primarily serve private tracts are
not maintained by the City. However, in this case, the Public Works Department has stated that
due to the amount of public roadway and the addition of the commercial area to the "service area"
of this sump, the City is willing to maintain the sump for Tract 6140. In order for the City to
maintain this sump, it will have to meet all City standards as to size, capacity, fencing, etc. Also,
the access will have to be off of the public local street - Tyner Lane. Condition No. 10 of the
conditions for the tentative map (Exhibit A of the resolution) has been modified to reflect the sump
maintenance.
The Planning Commission adopted Condition No. 47 for Tract 6140 and Condition No. 9 for the
Development Plan as follows:
47. & 9.
Subdivider shall include in the CC&Rs a statement disclosing that the subject site is
adjacent or near commercial and industrial property and a waste water treatment
plant.
The applicant states in his letter, the CC&Rs are designed to control maintenance of private
facilities and establish rules for development within the tract, such as architectural design.
Disclosure of land uses is required under State law with the Department of Real Estate Public
Report. This information is given to home buyers through normal disclosure procedures. The
condition to include the information in the CC&Rs is precedent setting and was adopted without
any health and safety finding or using Police powers. Therefore, the condition should not be
imposed.
The intent of the Planning Commission was to provide additional disclosure information about
adjacent land uses to home buyers. The question for considering such action is: "Disclose what to
whom and for what reason?" Disclosure conditions of approval have been used to inform potential
residents of a potential credible health risk or hazard. These are usually stationary sources that are
not easily relocated and are not likely to be removed. In the case of this Planning Commission
condition, only the location of the Wastewater Treatment facility comes close to meeting this test.
However, the letter received from the Health Department does not identify potential health risks
other than those that would occur to anyone with respiratory problems and is susceptible to dust
regardless of the source.
Also, picking one zone over another such as commercial but not agriculture, and requiring that it be
disclosed as a nuisance is not supported by policies in the general plan, CEQA or adopted
ordinance. To the contrary, CEQA states that public controversy alone is not substantial evidence
of a significant impact. In this case, there isn't any evidence from the public or otherwise,
supporting the requirement for a disclosure notice, neither were there any extenuating
circumstances pointing to a need to require such a condition. Such precedent setting action
ADMINISTRATIVE REPORT Page3
should go through public review and be based on objective criteria if it is to be establish as a public
policy, or be based on substantial evidence if it is to be applied as mitigation. Therefore, staff
recommends that the applicant's appeal be upheld and the condition requiring disclosure be
deleted on both the tentative tract and the development plan.
The Negative Declaration adopted with related General Plan Amendment and concurrent Zone
Change (file Cf 02-0291) is applicable to and appropriate for this project. Therefore, in accordance
with CEQA section 15162, no further environmental documentation is necessary because there are
no substantial changes in circumstances under which the project will be undertaken and no new
environmental impacts have been identified.
JENG
(Admin\dec\12-11-6140)
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002 AGENDA SECTION: Hearings
ITEM: g.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 19, 2002
, APPROVED
DEPARTM ENTH E~'/,- ~
c,Ty
CITY MANAGER (~
Final Environmental Impact Report, General Plan Amendment P01-0973 (Metropolitan
Bakersfield General Plan Update). (All wards)
Resolution certifying the Final Environmental Impact Report for the Metropolitan
Bakersfield General Plan Update.
Resolution adopting the amendment to the Metropolitan Bakersfield General Plan
text and maps.
RECOMMENDATION:
Staff recommends adoption of the resolution certifying the Final Environmental Impact Report
and adopting the amendment to the text and maps.
BACKGROUND:
Section 65300 of California Planning and Zoning Law requires each County and City jurisdiction
to adopt a comprehensive, long-term General Plan for its development. As localities and their
resources are ever changing, it is periodically necessary to update and revise the General Plan.
The State recommends that the entire plan be thoroughly reviewed and revised periodically to
reflect new conditions, local attitudes, and political realities. It has been 12 years since adoption
of the plan in 1990.
The update is intended to make those changes necessary to more accurately reflect existing
goals, policies, and implementation measures. The text revisions are intended to give an
updated version of the existing development environment. It was not the intent to revise the text
"from the ground up," but merely make minor modifications to the existing text.
The Metropolitan Bakersfield General Plan area includes the City of Bakersfield, its Sphere of
Influence, and contiguous properties located in the unincorporated portions of Kern County.
Both City and County lands are included as part of the Metropolitan Bakersfield Plan so that a
coordinated effort between the two jurisdictions can ensure that recommended policies and
programs can be set in place that will "guide the orderly and efficient extension of services and
utilities; ensure the preservation of open space, agriculture and resource conservation lands;
ADMINISTRATIVE REPORT Page 2
and establish consistent standards for development." The boundaries were mutually agreed
upon by the City and the County.
In the 12 years since plan adoption, there have been many changes in local ordinances, growth
patterns, and the County land use map. It was jointly decided by both jurisdictions to go back
through the text and update it to reflect the many changes which have occurred over the years.
Additionally, this effort includes a deletion of extraneous material, maps, and tables when that data
was maintained elsewhere to reduce the text to the most important parts. This effort will help the
general public and the development community by accurately depicting the local development
environment. The text will be renamed the Metropolitan Bakersfield General Plan, the planning
period is extended through 2020.
On October 28, 2002, the update was unanimously approved at a joint meeting of the Planning
Commission for both the City of Bakersfield and County of Kern. All comments of that meeting may
be reviewed in the minutes attached to this Administrative Report.
Format Chanqes:
There was a concerted effort on staff's part to remove graphs, charts, and tables which became
obsolete because of the speed at which the metropolitan Bakersfield area develops.
Land Use Map Chanqes:
One of the most important changes proposed by the update is to adopt a new land use element
map. The new land use map incorporates the existing County and City land use maps. When the
plan originally adopted in 1990, there was one map which accurately depicted land use
designations for the entire plan area.
There have been significant changes to the County land use map in the last 12 years. Major
projects like the McAIlister Ranch Specific Plan and the Western Rosedale Specific Plan have
been approved in the unincorporated portion of the metropolitan Bakersfield area. None of these
major plans were adopted by the City.
Alternative 15:
The 2030 Baseline Traffic Model was created that incorporated the City's and County's
transportation plans into the existing roadway network. This baseline showed the facility
improvements expected to be completed by the year 2030.
At a July 23, 2001, joint meeting, the Kern County Supervisors and Bakersfield Council members
unanimously voted Alternative No. 15 as the locally preferred system alternative. This alternative
added approximately 38 miles of new highways, including Westside Parkway, Centennial Corridor,
State Route 204 Corridor, and Seventh Standard Road Corridor.
The KCOG Traffic Model:
Traffic modeling for the land use document utilized the most current (February 2002) regional traffic
model by the Kern Council of Governments (the regional transportation agency). The modeling
ADMINISTRATIVE REPORT Page 3
shows significant probrems on dozens of road segments in the year 2020. Many of the segments
show a decline in the level of service below "C". This is inconsistent with General Plan policy.
The growth projections utilized (approximately 3 percent annually) were provided by the State of
California Department of Finance. These population projections appear to be higher than what is
actually taking place. The historical annual growth rate is about 2 percent. Therefore, traffic
problems depicted by 2020 in the EIR are greater if the current growth rate continues. Estimating
population growth is difficult at best.
However, assuming a lesser growth rate (based upon the historical trend) than the Department of
Finance projections simply means the same traffic problems occur but at a later date. The traffic
model utilized in the Environmental Impact Report shows the method of financing the construction
of roads is not adequate. New development should pay a greater share than they do currently.
The Transportation Impact Fee Program needs to be revisited and significant changes must
occur to avoid General Plan inconsistencies.
Bikeways Map:
A portion of the Circulation Element concerns the bikeway system in the metropolitan area. This
plan is called the Bikeways Master Plan and is intended to provide a comprehensive network for
bicyclists through the metropolitan area. Staff proposes to expand the bike path system into areas
experiencing rapid development in order to provide a continuous system for bicyclist in the
metropolitan area.
Unchanqed Portions of the General Plan:
There were two sections of the General Plan text which staff proposed no changes; the Kern River
Plan Element and the Housing Element.
The Kern River Plan Element (KRPE)was jointly adopted in the mid-1980's to control development
through Bakersfield adjacent to the Kern River. There appears no reason to revise this portion of
the text.
The Housing Element is mandated by State law for periodic review. The City's Housing Element is
undergoing review by the State and was approved by Council on November 6, 2002.
Electronic Mappinq:
Currently, the official land use map is maintained by hand. City Planning has, for years, used a
computerized geographic information system (GIS) to provide maps for staff reports, the general
public, and public hearing presentations (hard copy and electronic). GIS is flexible, reliable, and
more accurate than the old system as it ties data to each individual parcel. Maps and data from
the land use map can be presented in a variety of formats, including colored versions of maps,
tables of data, and electronic versions for display purposes. The City Council has used the GIS
several times to update Ward boundaries and found the system to be remarkably efficient. City
and County staffs are maintaining both land use maps (one by hand and one electronic version) at
a loss of staff time and efficiency. The GIS is clearly the way of the future and is proposed to
supplant the old hand-maintained maps with this project. Kern County is presently developing a
similar system.
ADMINISTRATIVE REPORT Page 4
Vision 2020:
In the years 2000 and 2001, community leaders organized and conducted a "grass roots" planning
program. This effort was called Vision 2020, and it focused on a wide variety of community issues
which included a section on redefining the community growth and development.
This program included dozens of community meetings and workshops over many months and was
attended by hundreds of local residents. In fact, over the 18-month period, 13,000 people
padicipated in the meetings.
The City Council has adopted the findings of the Vision 2020 effort, and those portions related to
planning which were not already a part of the General Plan text have been added in the
appropriate sections.
Environmental Issues:
The EIR was prepared as a Program EIR in accordance with Section 15168 of the CEQA
Guidelines, addressing the environmental effects of the update to the Metropolitan Bakersfield
General Plan.
The City of Bakersfield and the County of Kern have the primary responsibility of processing and
approving the Metropolitan Bakersfield General Plan Update. Environmental impacts cannot
always be mitigated to a level considered less than significant; in those cases, impacts are
considered significant unavoidable impacts. In accordance with Section 15093(b) of the State
CEQA Guidelines, if a public agency approves a project that has significant impacts that are not
substantially mitigated (i.e., significant unavoidable impacts), the agency shall state in writing the
specific reasons for approving the General Plan Update based on the Final FIR and any other
information in the public record. This is termed, per Section 15093 of the State CEQA Guidelines,
a "statement of overriding considerations."
Siqnificant Adverse Impacts:
· Traffic
· Air Quality
· Noise
· Agricultural Land Conversion
The above impacts are discussed in great detail within the EIR text. Each issue was found to be a
significant adverse impact in the professional opinion of the environmental consultant who
prepared the Environmental Impact Report (EIR) under the current method of implementing the
existing and proposed Metropolitan Bakersfield General Plan goals and policies.
MG
(P:admin\nov\12-11-973-update)
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Hearing
ITEM: 9.d.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
December 4, 2002
~.~'"-~. A~.I:~OV E D
D E PA RTM E N T ~F(~D~._./~,
Cl~ MANAGER'/
Ordinance amending Title 17, concerning regulations for the development and construction
of multiple family housing projects such as apartments, duplexes, triplexes and fourplexes
in the R-2, R-3, and R-4 (Multiple Family Residential) zone districts. (All wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
At the Planning Commission meeting held November 21, 2002, no testimony was offered either for
or against the proposed ordinance.
At the June 26, 2002 City Council meeting, in response to current issues concerning fourplex
projects within the Riverlakes Ranch Specific Plan Area, Councilmember Couch referred to staff a
request to draft ordinance amendments to address the quality of multifamily projects particularly
triplexes and fourplexes on individual lots. In August, staff presented to the Planning Commission
an ordinance proposing changes to address concerns expressed in the Council referral. The
proposed ordinance was referred to committee by the Chairman of the Planning Commission. The
committee met three times since August to review the proposed amendments. The meetings
included representatives from the Building Industry Associations and some fourplex developers.
In 1998 the City Council adopted an ordinance to encourage the improvement of design for
multifamily projects. This initial effort:
Added a new section which used a floor area ratio (F.A.R.) to manage lot size to building
coverage but provided that the FAR would increase if on-site amenities were provided,
Added a section which allowed no more than two adjacent buildings to be perpendicular to
the street, requiring the units on either side to be parallel to the street effectively breaking
up the row effect common to fourplex subdivisions. This addition was later found to be
impracticable and was deleted in September of 1999.
ADMINISTRATIVE REPORT Page 2
Amended a section to include a Floor Area Ratio of 0.25 for two to four units. Rather than
establish set square feet of land per unit, the land requirement is based on the size of the
building. The intent was to provide more open space for each complex around each
building.
Added a section to require that utility meters & AC units not to be visible from the street and
that elevations for adjacent units shall not be the same. The entry and windows for the end
unit next to the street must face the street except on an arterial.
Added a section to require the front yard setbacks to be fifteen feet with an average setback
of twenty feet or every third lot setback twenty feet.
f. Amended a section to require a wall and landscaping along arterial streets
Since adoption of the 1998 ordinance changes, new issues as well as problems with the
implementation of some provisions of the existing ordinance have arisen. New issues concern
guest parking, tenant parking, and design of drive aisles. Provisions of the old ordinance that need
to be revisited concern open space around the buildings, landscaping, on-site amenities and
treatment of street-fronting end units and street-fronting side units. Also, it should be noted that
current ordinances do not require on-site recreational amenities for multifamily apartments projects.
This means that a series of duplexes, triplexes or fourplexes could be built on a common lot
without being required to provide on-site amenities. Recommendations concerning these issues
are as follows:
1. Parking for tenants and guests
Currently guest parking is required on multifamily parcels with 6 or more units. For a 6 unit
project with 2 bedrooms per unit, one additional space would be required for guests.
Because duplexes, triplexes and fourplexes fall below that threshold, guest parking is not
required. It is recommended that the current 10% requirement for guest spaces be
amended to include the requirement for a minimum of one guest space for each unit for
projects with two to four units. For these projects tandem space may be permitted subject
to the approval of the Planning Director. This requirement would not apply to any lot less
than 10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or
other multifamily projects that existed prior to the effective date of this ordinance.
2. Design and treatment of drive aisles.
Typical fourplex site layouts have two rectangular shaped buildings parallel to each other
with a drive aisle shared between them. This results in one design, type A, which has
landscaping between the drive aisle and the buildings and type B which does not have
landscaping and has very little space between the drive aisle and the building. The design
type B does not promote a residential feel for these projects. It is recommended that an 8
foot landscape area shall be provided between each building and the shared drive aisle for
multifamily projects. This requirement would not apply to any lot less than 10,000 square
feet and, that is not part of, or adjacent to multifamily subdivisions or other multifamily
projects that existed prior to the effective date of this ordinance.
ADMINISTRATIVE REPORT Page3
3. Open space
The current ordinance uses a floor area ratio (F.A.R.) as a means to achieve a higher
percentage of open space compared to building space. In practice this would require a
bigger lot for projects that did not provide an on-site amenity. The type of amenity that
would qualify was minimal and not specifically defined. The result is that developers offer
park like barbeque grills as the amenity or some other minimal option. While these projects
are not as high in unit density as apartment projects, they are higher in the density of use of
the available land. And unlike apartment projects, these projects are Iow on open space
and those projects approved prior to 1998 have no on-site amenity. It is recommended that
the F.A.R. and the ability to use more of the land for buildings with a minimal on-site
amenity be replaced with a requirement that each multifamily development provide and
maintain a minimum of twenty (20) percent of the gross area of the site as open space.
This shall include 200 square feet of contiguous landscape space per lot, not less than
twenty feet (20') in width or depth at any point. Open space shall not be deemed to include
buildings, driveways, parking areas, or other surfaces designed or intended for vehicular
travel. Required front building setbacks and street frontage setbacks shall not be included
in calculating usable open space. This requirement would not apply to any lot less than
10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other
multifamily projects that existed prior to the effective date of this ordinance.
4. Landscaping
In support of item 2 above, the landscape requirements should be amended to require an 8
foot landscape area between each building and the drive aisle for multifamily projects using
a common drive aisle. This requirement would not apply to any lot less than 10,000 square
feet and, that is not part of, or adjacent to multi-family subdivisions or other multifamily
projects that existed prior to the effective date of this ordinance.
5. On-site amenities
It is recommended that on-site amenities not be required.
6, Design and use of street facing end and sides of units
The intent of the provisions addressing end units was to give a residential appearance
rather than institutional or commercial look to these projects. There are projects where
living room units have their entrance on the street side and there are projects where a door
and window face the street but the living room entrance is off the drive aisle. The later
follows the letter or the law but not the spirit. The current ordinance should be amended to
require the living room entrance to be directly from the street side. The same should be
true for units where the side of the building faces the street. For all units, utility and other
mechanical equipment shall not be visible from the street, and architectural elevations for
adjacent buildings shall be significantly different (i.e.: different elevation, roof types, colors,
or other structural elements.) Refuse containers shall not be located within the front yard,
and if visible from the street shall be located within a masonry enclosure with metal gates.
ADMINISTRATIVE REPORT Page4
The requirement for residential appearance of end units would not apply to any lot less than
10,000 square feet and, that is not part of, or adjacent to multifamily subdivisions or other
multifamily projects that existed prior to the effective date of this ordinance. Duplexes and
triplexes are not exempt from this provision.
7. Sections of Existing Ordinance Proposed for Deletion
a. 17.14.070 Minimum lot area.
B. For multiple-family dwellings with four units or less, the minimum lot area
shall be based on a floor area ratio of .25, and the minimum lot area per unit shall
be not less than two thousand five hundred square feet per dwelling unit. (Deleted in
support of item #3)
C. Minimum lot area for multiple-family dwellings with four units or less or
approved four-plex subdivisions with on-site amenities consisting of playground
apparatus, outdoor public court yards with seating, covered patios with BBQ
facilities or similar park like facilities shall be the same as projects having five
units or more. (Deleted in support of item# 5)
E. Minimum lot area for multiple-family dwellings on a single lot with adjacent
property zoned for a use other than multiple-family shall be the same as set forth in
subsection B of this section. (Deleted in support of item# 3)
ENVIRONMENTAL REVIEW AND DETERMINATION:
This project has been found to be exempt from the provisions of the California Environmental
Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance
with Section 15061 (b) (3) of the State CEQA Guidelines. The amendment makes modifications to
development standards for multifamily projects of four units or less. It can be seen with certainty
that the proposed ordinance amendment will not effect the environment and the general rule under
CEQA would apply. A Notice of Exemption has been prepared.
SG:pjt
(Admin\12-11-4plex)
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002 AGENDA SECTION: Reports
ITEM: ].0.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
December 4, 2002
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Community Services Committee Report No. 5-02 regarding a City Contribution of CDBG
Funds in an amount not to exceed $5,000 to Bakersfield African American Cultural
Association for a Community Celebration in Southeast Bakersfield
RECOMMENDATION: The Community Services Committee recommends approval.
BACKGROUND: On December 4, 2002, the Community Services Committee approved a request by
Councilmember, Irma Carson to contribute an amount not to exceed $5,000 to the Bakersfield African
American Cultural Association (BAACA) for sponsorship of a community cerebration for renaming
Lakeview Avenue to Martin Luther King, Jr. Boulevard, and the grand opening of the Lakeview Avenue
Streetscape Project.
BAACA has organized a community celebration in the southeast for seven years. Prior to that, the City of
Bakersfield was an organizer and sponsor of the event called the "Good Neighbor Festival."
BAACA proposes the funds be used for advertising and promotions; rental of a public address system,
stage and tents; and contracting for bands and professional entertainment. The celebration will take place
on Saturday, January 18, 2003 from 10:00 a.m. to 4:00 p.m. Mayor Hall will conduct a ribbon cutting
ceremony at 10:00 a.m. A letter from BAACA is attached.
Funds for the contribution to BAACA will come from completed CDBG funded projects that have leftover
amounts. Because the funds have already been appropriated, there is no budget impact. HUD guidelines
will be followed in using the funds.
December 4, 2002, 4:00PM
S:~Admin Rpts~2002\CSC Rpt 5-02 MLK Celebration 121102.dot
AC:al
ADMINISTRATIVE REPORT
MEETING DATE: December 11, 2002
AGENDA SECTION: Reports
ITEM: ].0. b.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: December 4, 2002 CITY ATTORNEY
CITY MANAGER .
SUBJECT:
Budget and Finance Committee Report no. 3-02 regarding the proposed increase in
Kern County Solid Waste Management Program fees.
RECOMMENDATION:
Committee recommends approval of the report.
BACKGROUND:
The Budget and Finance Committee of the Bakersfield City Council met with County staff on December
2, 2002 to review the proposed increases and changes to Kern County Solid Waste Management
Program fees proposed by County staff. There is a public hearing scheduled before the Board of
Supervisors on December 10th which is also the proposed date for the county to implement these fees.
The County staff's rate proposal would increase solid waste fees by $1.6 million for city residents and
businesses.
The Budget and Finance Committee has several concerns regarding the proposed fee increase and
changes which were summarized in the attached letter. Due to the critical nature of this issue the letter
was sent to the Board of Supervisors to provide comment by the City on the proposed rates. The
Budget and Finance Committee directed the letter be sent immediately since the City Council's next
meeting was on December 11~" which is the day after the public hearing.
The Committee requested that the implementation of the proposed fee increase and changes be
delayed by the Board of Supervisors until the issues presented in the City's letter can be fully reviewed
and addressed. The Budget and Finance Committee recommends that the City Council endorse the
letter sent by the Committee and that further correspondence be sent by the Mayor on behalf of the full
City Council to the County indicating the City's opposition to the proposed rate increases and changes.
jws
December 4, 2002, 1:27PM
S:~JOHN\Council Committees\Budget & Finance\County Solid Waste Fees admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: Reports
ITEM: 10.c.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 2, 2002
APPROVED
DEPARTMENT HEAD ~
ClTY A'I-rORNEY
ClT~MANAGER~.~
City Manager Report No. 5-02 on the Bike Path Widening and Improvements near Truxtun
Avenue from 450' east of Quailridge Drive to approximately 2500' further east.
Presentation by Public Works Director requesting approval of design alternative (Ward 2)
RECOMMENDATION: Staff recommends approval of Section (1) of (5) design alternatives for
improvements between the bike path and Truxtun Avenue.
BACKGROUND: The City of Bakersfield Capital Improvement Program (CIP) for Fiscal Year 2001-2002
has funds budgeted for bike path widening and improvements from East Don Hart Drive at California State
University Bakersfield (CSUB) to Manor Street. The design of subject portion, approximately 2500' in
length on the north side of Truxtun Avenue, will involve aesthetic and safety issues. Under the directions
of staff the design consultant, Mclntosh and Associates, has prepared five (5) alternatives for the design of
the subject portion (See attached Design Sections Nos. 1 through 5).
Public Works staff will present an overview of the entire bike path widening project and explain the details
of each of the five design alternates.
Engr. dc
December 4, 2002, 2:51 PM
G:\GROUPDAT~ADMINRPT",2002\DeC 1 l~Bike Path widening report.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 11,2002
AGENDA SECTION: ,~ I~ew Business
ITEM: 12.a.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Coun/q~./t
Pamela A. McCarthy, City ClerlC..__..J~l~..~
November 20, 2002
Election of Vice-Mayor.
APPROVED
DEPARTMENT HEAD ~
CITYATfORNEY ~' .' .' .'~/~
CITY MANAGER ~
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
Following an election, and in accordance with City Charter, Council shall elect one of its members
Vice-Mayor at the first meeting the new Council takes office.
Pursuant to Section 2.02.020 of the Municipal Code, the newly elected Vice-Mayor shall make
appointments, with confirmation by the Council, to all committees. These appointments have
been scheduled for the City Council meeting of January 15, 2003. The following is the list of
current standing and ad hoc committees to be filled on that date:
Standinq Committees:
Budget and Finance
Personnel
Intergovernmental Relations
Water Resources
Legislative and Litigation
Urban Development
Community Services
Other Vice-Mayor Appointments:
Kern Council of Governments
Kern Economic Development
Kern County Museum Authority
Solid Waste Management Advisory
Planning Commission Liaison
Ad Hoc Committee on Crime, Weapons,
Gang Violence & Community Relations
November 20, 2002, 3:39PM
S:\ELECTION~,dmins\ELECTION OF VICE MAYOR2002.dot