HomeMy WebLinkAbout05/14/2003 AGENDA PACKETB A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
ALAN CHRISTENSEN, ASSISTANT CIT~MANAGER/~
ALAN TANDY, ClTY MANAGER
AGENDA HIGHLIGHTS - MAY 14, 2003 COUNCIL MEETING
May 9, 2003
PRE-MEETING.
There is one workshop which is a presentation of the Proposed FY 2003-04 Budget by the City
Manager and staff.
There are two closed session items: 1) Conference with real property negotiators regarding the
southeast corner of Downing Avenue and Coffee Road; and 2) Conference with legal counsel
regarding existing litigation.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
Item 81. Resolution in SuDDort of the Lea(]ue of California Cities' Action for Better Cities: Save Our
Services Prooram. At its meeting of April 28, 2003, the Legislative and Litigation Committee reviewed
a League of California Cities request for support for its Action for Better Cities (ABC): "Save Our
Services" Program. ABC was created to advocate voter approval of constitutional protection of City
services and revenues, and the possible sponsorship for a statewide ballot measure for this purpose.
The Committee recommends approval of the Resolution.
Item 8n. Emerqenc¥ Resolution to Dispense with Biddinq. On January 15, 2003, a Resolution was
approved by Council, which authorized dispensing with bidding procedures due to emergency repairs
of a sewer line located in the alley between Beech and Myrtle Streets and extending from Palm Street
to Dracena Street. Granite Construction was authorized to perform the necessary repairs, not to
exceed $100,000. The repairs have been completed and actual costs of $107,828.70 were incurred
for this project.
Aqreements:
Item 80. Amendment No. 1 to Aqreement No. CA 03-013 with Rutan & Tucker for Outside Lecla!
Services, in an amount not to exceed $55.000. On February 3, 2003, a Petition for Writ of Mandate
and Complaint for Civil Rights Violation was filed against the City by Robert Stevens, et al,
HONORABLE MAYOR AND CITY COUNCIL
MAY 9, 2003
PAGE 2
challenging the denial at site plan review of a permit to construct and operate the Exotic Kitty
"Gentlemen's Club." Prior to the filing, the City executed an Agreement in the amount of $25,000 with
Jeffrey Goldfarb of Rutan & Tucker to provide expert legal advice concerning regulation of "sexually
oriented businesses." The cost of legal services to date has now reached the level where further
legal services will exceed this amount. These services include preparation of documents and
presentation of oral argument for the Writ Petition hearing. In the event it is necessary to proceed to a
separate trial on the civil rights complaint, a second amendment will be required.
Item 8q. Amendment No. 2 to Aqreement No. 01-087/RA 01-3 with CVE Develooment. Inc. for
Modification of the Repayment Provision for the Proposed Senior Housinq Project in the Southeast
Redevelopment Project Area. On March 28, 2001, the City, Agency and CVE entered into a
development agreement by which the Agency and City would loan CVE funds to acquire property and
construct a 180-unit senior complex. The funding was conditioned on CVE applying for and receiving
tax credits from the State of California Tax Allocation Committee. CVE's tax credit application was
approved in May, 2002. CVE has requested the modification of the repayment provision of the
agreement from 24 annual payments of $60,000 to a net present value early payment equivalent.
Therefore, they would pay $360,000 now and $360,000 when they do the permanent financing in
approximately 18 months. Staff recommends approval.
Bids:
Item 8v. Accept bid from Allen Instruments and Supplies for Trimble GPS Surve¥ina Eauioment for
Public Works in the amount of $78.955.47. This equipment will be used for surveying for right-of-way
and preliminary design work on a Federal project and is therefore eligible for Federal reimbursement
through rental payments. One acceptable bid was received. Staff recommends award to Allen
Instruments.
Item 8w. Award contract to Loop Electric for Traffic Siqnal Installations at Haqeman Road and Patton
Way, and at Callowa¥ and Olive Drives in the amount of $156,378.80. Two acceptable bids weru
received. Staff recommends award to Loop Electric.
HEARINGS
Item 9a. Public Hearinq to Consider an Increase in the Readiness-to-Serve Charqe for the City of
Bakersfield Domestic Water System. A Notice of Public Hearing on a proposed increase in the
readiness-to-serve charge was mailed to each customer or property owner that receives City water
service. As of May 1, 2003, two letter protesting the fee increase, and two letters commenting on the
increase were received. The current charge for the typical customer is $6.90 per month. The
proposed charge is $7.95 per month, which is a total increase of $1.05 per month. The charge for
larger services will be assessed by a service-size ratio relative to a typical residential customer. There
is no increase proposed in the unit quantity rate. According to Proposition 218, if written protests
against the proposed fee increase are presented by a majority of customers and/or property owners,
the fee will not increase. The proposed increase would become effective October 1,2003.
Item 9b. Resolution upholdinq the decision of the Planninq Commission aoorovina Vestinq Tentative
Tract Map (VTTM} 6149 and the Neqative Declaration, and Denyinq the Appeal by the Sierra Club.
On April 3, 2003, the Planning Commission adopted a Resolution conditionally approving V-rTM 614~
proposed by Pinnacle Engineering, the applicant representing Sage Communities, Inc. The Tract is
located on the southwest corner of Highway 178 and Miramonte Drive. Gordon i. Nipp, of the Sierra
Club filed an appeal to the Planning Commission's approval citing cumulative impacts to air quality
and traffic are significant.
HONORABLE MAYOR AND CITY COUNCIL
MAY 9,2003
PAGE3
The applicant submitted an Air Quality Impact Study, which recommends mitigation measures that
reduce impacts associated with construction activities, fugitive dust emissions, and mobile source
emissions to less than significant levels. The developer has agreed to the mitigation measures. The
Study also determined cumulative air quality impacts to be less than significant.
In response to the appellant's concerns with traffic congestion, congestion on Highway 178 would
exceed acceptable levels only if the approved tracts in the Highway 178 area, east of Highway 184
were all built out today under present-day road conditions. However, tracts are built out over a number
of years, with each project paying for its proportional sharo through the Transportation Impact Fee
program for funding the widening of Highway 178. The applicant has agreed to Condition No. 33,
which requires phasing the construction of widening the tract's frontage along Highway 178. In
addition, the Public Works Department is proposing advance planning in the upcoming 2003-04 fiscal
year budget as a first step toward construction of Highway 178 as a freeway on the adopted Specific
Plan Line. This would include Project Study Reports on the intemhanges at Masterson, Vineland and
Alfred Harrell Highway.
Based on this information, Staff recommends the Council uphold the Planning Commission's decision
to approve the tract with conditions and mitigation measures, which have been agreed to by the
applicant, adopt the Negative Declaration, and to deny the appeal. It should be noted, however, that
questions have arisen over the issue of whether or not alternates to direct access onto Hwy 178 may
be preferable to the current design. That may be a point of discussion at the Council meeting.
Item 9c. General Plan Amendment/Zone Chanqe Amending the Land Use Desiqnation from HMR
(Hiqh Medium Density Residential) to GC (General Commercial) and, an Amendment to the Zoninq
Ordinance Chanqinq the Zoninq from R-2 (Limited Multiole FamiIv Dwellin(~) to C-2 (Re(~ional
Commercial) or More Restrictive Zoninq on 15.43 Acres Located Alonq the Northwest Corner of Stine
Road and Panama Lane. The Planning Commission conducted public hearings on this GPA/ZC on
March 17 and 20, 2003. A quorum of 4 planning commissioners voted on the project, and by a 2 to 2
vote, the project was "denied by operation of law."
At the intersection of Stine Road and Panama Lane, there are three existing corners designated for
commercial development. Staff recommended denial of the request based primarily on the
amount of vacant commercial land available at this intersection. Currently, the three other
corners at that intersection are zoned commercial. General Plan policies limit the number of
commercial corners; therefore, staff is recommending denial of the GPA/ZC based on a conflict with
General Plan policies. If approved the amount of commercial acreage (42 acres) at this intersection
would exceed the size of the "Marketplace" (33.43 Acres) commercial center by 8.57 acres.
Item 9d. General Plan Amendment/Zone Chanqe and an Ordinance Amendment for 20.70 Acres
Located Approximately One-Half Mile South of SR 178 Alonq the East Side of Miramonte Drive
(extended~. The applicant proposes to develop the 20.70 acre site with 41 residential lots ranging in
size from 10,341 square feet to 27,792 square feet. The Planning Commission approved these 41
residential lots on January 16, 2003. The Commission had concerns of traffic congestion and safety
at the intersection of Miramonte Drive and State Route178, and recommended a condition requiring
the applicant pay a pro-rata share of the traffic signal installation cost at the intersection. The
Planning Commission conducted public hearings on this GPA/ZC and recommended City Council
approval.
HONORABLE MAYOR AND CITY COUNCIL
MAY 9, 2003
PAGE 4
Item 9e. General Plan Amendment/Zone Chanqe of the Land Use Desiqnation on 28.794 Sauare
Feet from OS-P (Open SPace-Parks and Recreational Facilities) to LR (Low Density Residential) on
14 Lots Located within Tentative Tract 6150 and 3 Lots Located within Tentative Tract 6151 Generallv
Located Between Minq Avenue, White Lane, Buena Vista Road and Allen Road. The project
consists of minor adjustments to land located around the golf course that add a little land to each of
14 residential lots adjacent to the golf course. The Planning Commission conducted public hearings
on this GPA/ZC and recommended City Council approval.
Item 9f. General Plan AmendmentJZone Chanae. and an Ordinance Amendment for 89.31 Acres.
Located Alonq the West Side of Allen Road, north of Norieaa Road. This amendment to the General
Plan would permit the development of single family residential units. The Commission had air quality
impact concerns based on the number of lots for the project site. The applicant demonstrated to the
Commission that with added conditions, those air quality impacts could be reduced to levels less than
significant. No one was in opposition to the request and the applicant agreed to all conditions and
mitigation for the project. Staff conducted an initial study and it was determined that the project would
not have a significant effect on the environment. The Planning Commission conducted public
hearing(s) on this GPA/ZC and recommended City Council approval.
Item 9q. General Plan Amendment to Amend the Land Use Element Adiacent on the North Side of
Berkshire Road, between South H Street and Monitor Street. The proposed change to the land use
designation is from Suburban Residential (SR) to Low Density Residential (LR). The Suburban
Residential land use designation allows four (4) or less dwelling units per net acre. The project site is
currently zoned for R-1 (One Family Dwelling) development, which allows 7.26 or less dwelling units
per net acre. The purpose of the project is to provide a land use designation that is consistent with the
existing R-1 zone regarding residential density. The Planning Commission conducted public
hearing(s) on this GPA and recommended City Council approval.
REPORTS
Item 10a. Report No. 1-03 of the Ad Hoc Committee on Crime, Weaoons. Gana Violence and
Community Relations reqardina a Community Action Plan. Over the past three years, the Ad Hoc
Committee on Crime, Weapons, Gang Violence and Community Relations, City residents and youth
have been engaged in a planning process to develop a guide that outlines ways in which the City of
Bakersfield, its agents - elected officials, educators, youth serving agencies, and the community - at
large - can effectively address and meet the needs of Bakersfield youth to eliminate crime, weapons,
gang violence and improve community relations. The findings and recommendations are outlined in
the Community Action Plan.
AT:AC:al
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MAY 14, 2003
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
PREMEETING
1. ROLL CALL
(45 min)
WORKSHOP
a. Presentation of the Proposed FY 2003-04 Budget. (City Manager Alan Tandy and
Staff)
CLOSED SESSION
Conference with Real Property Negotiators pursuant to Government Code Section
54956.8, Property: Southeast corner of Downing Avenue and Coffee Road,
Bakersfield, California; Agency Negotiators: Finance Director Gregory Klimko and
Real Property Manager Donald Anderson; Negotiating Party: Doug Snyder - PG&E
Land Services; Under Negotiation: Price and terms of payment for purchase.
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9. In the Matter of the Claim
of: Tarrah Breann Goland and In the Matter of the Claim of: James Ryan Roy.
REGULAR MEETING
INVOCATION by Father Robert Wenzinger, St. Joseph's Church.
PLEDGE OF ALLEGIANCE by Jaynee Moran, 5th Grade Student, Kylee Moran, 3'a Grade
Student, and Aimee Moran, 1st Grade Student at Ronald Reagan Elementary School.
3. ROLLCALL
4. CLOSED SESSION ACTION
5. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mr. Fred Drew, Executive Director
of Community Action Partnership of Kern, proclaiming May, 2003 as "Community
Action Month".
Presentation by Mayor Hall of Proclamation to Minister Wesley Crawford
Muhammad, proclaiming May 31, 2003, as "Blessed are the Peacemakers Day".
6. PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR
(Ward 5)
(Ward 4)
(Ward 4)
Minutes:
a. Approval of minutes of Regular Council Meeting April 30, 2003.
Payments:
Approval of department payments from April 18, 2003 to May 1,2003 in the amount
of $5,708,607.27 and self insurance payments from April 18, 2003 to May 1, 2003
in the amount of $111,330.03.
Ordinances:
Adoption of Ordinance amending Chapter 12.40 of the Bakersfield Municipal Code
regarding Street Trees requiring permits for commercial tree contractors performing
work or maintenance of trees in the public right of way. (First Reading 4/30/03)
Adoption of Ordinance amending Chapter 5.32 of the Bakersfield Municipal Code
relating to Massage Establishments. (First Reading 4/30/03)
Adoption of Ordinance amending Section 2.72.230 of the Bakersfield Municipal
Code relating to Reduction in Force. (First Reading 4/30/03)
Resolutions:
Resolution adding territory, Area 3-20 (Buena Vista, Panama NE), to the
Consolidated Maintenance District and confirming the assessments, approving the
Public Works Director's Report and authorizing collection of assessments by the
Kern County Tax Collector.
Resolution adding territory, Area 1-36 (Reina, Allen NE), to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 1-37 (Jewetta, Noriega NW), to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1297 preliminarily adopting, confirming and approving
the Public Works Director's report for the Consolidated Maintenance District and the
2003-04 Budget; setting time and place for hearing protests on the amount of street
and median landscaping assessments to be levied throughout the Consolidated
Maintenance District.
8. CONSENT CALENDAR continued
(Ward 1,3,4,5) k.
(Ward4,5)
(Ward2)
(Ward 1 )
Resolutions continued
(Ward I)
Resolution of Intention No. 1298 preliminarily adopting, confirming and approving
the Public Works Director's report for the Consolidated Maintenance District and the
2003-04 Budget; setting time and place for hearing protests on the amount of park
landscaping assessments to be levied throughout the Consolidated Maintenance
District.
Resolution of Intention No. 1299 preliminarily adopting, confirming and approving
Public Works Director's report for the Traffic Signal Maintenance Districts and the
2003-04 Budget; setting time and place for hearing protests on the amount of
assessments to be levied throughout each of the Traffic Signal Maintenance Districts.
Resolution in Support of the League of California Cities' Action for Better Cities: Save
Our Services Program.
m. Assessment District No. 03-2 (Buena Vista Ranch/Belsara II/Montara II/Olive Park II)
1. Resolution approving Boundary Map.
2. Resolution of Intention No. 1300.
Resolution approving Acquisition and Disclosure Agreements and Authorizing
Changes Thereto and Execution Thereof.
First Amendment to Consultants Agreement No. 03-058 with Wilson &
Associates for Assessment Engineering.
no
Amendment No. 1 to Resolution No. 006-03 Dispensing with Bidding Procedures Due
to Emergency Repairs of Sewer Line located in the Alley between Beech and Myrtle
Streets and extending from Palm Street to Dracena Street and Authorizing Granite
Construction to Pedorm Repairs not to exceed $100,000.00" by increasing the not
to exceed amount to $108,000.00.
Agreements:
Amendment No. 1 to Agreement No. CA 03-013 in an amount not to exceed $55,000
with Rutan & Tucker for outside legal services in the matter of Stevens v. City of
Bakersfield, Superior Court Case No. 249329 NFT.
Agreement between the City of Bakersfield and the County of Kern with Bakersfield
Police Activities League (PAL) for $108,000.00 of City's Community Development
Block Grant funds and $13,773.00 of County's Community Development Block Grant
funds to construct a classroom and office at the PAL Youth Center; 301 E. 4th Street.
Amendment No. 2 to Agreement No. 01-087/RA 01-3 with CVE Development, Inc. for
modification of the repayment provision for the proposed senior housing project in the
Southeast Redevelopment Project Area.
(Ward 4,5,7)
(Ward 4)
CONSENT CALENDAR continued
Agreements continued
Agreement with Bakersfield SPCA, a non-profit organization, to purchase seven (7)
surplus computers from the City for $1.00 each, for a total of $7.00.
Amendment No. 1 ($113,000.00 increase for a total compensation of $188,000.00)
to Agreement No. 03-030 with Badger Meter, Inc. to furnish water meters for the
Water Resources Department.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with Castle & Cooke California, Inc.
for Tract 6087 Phase A located north of Chamber Boulevard and east of
South Allen Road.
Final Map and Improvement Agreement with Castle & Cooke California, Inc.
for Tract 6087 Phase B located north of Chamber Boulevard and east of
South Allen Road.
Final Map and Improvement Agreement with Castle & Cooke California, Inc.
for Tract 6087 Phase C located north of Chamber Boulevard and east of
South Allen Road.
Final Map and Improvement Agreement with Centex Homes for Tract 5829
Phase 4 located south of Snow Road and east of Old Farm Road.
Final Map and Improvement Agreement with D N B Development Corp. for
Tract 6006 Phase 1 located east of Wible Road and south of Macau Street.
Amendment No. 1 to Agreement No. 01-166 with Delta Microimaging for document
file conversion to Laser Fiche or Micro Fiche Formats.
Bids
V.
Accept bid from Allen Instruments and Supplies $78,955.47 for Trimble GPS
Surveying Equipment for Public Works.
Accept bid to award contract to Loop Electric for $156,378.80 for Traffic Signal
Installations at Hageman Road and Patton Way and at Calloway and Olive Drives.
staff recommends adoption of Consent Calendar items a through w.
4
(Ward 4,5,6,7)
(Ward 3)
(Ward 6)
(Ward 3)
HEARINGS
Public hearing to consider an increase in the readiness-to-serve charge for the City of
Bakersfield Domestic Water system. (Staff comments by Water Resources Manager
Gene Bogart)
1. Resolution establishing domestic water rates for Ashe, Fairhaven and
Riverlakes Ranch service areas of City of Bakersfield Water System.
Staff recommends adoption of the resolution.
Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract Map 6149 and the Negative Declaration, and denying the Appeal by
the Sierra Club. (Staff comments by Development Services Director Jack Hardisty)
Staff recommends adoption of the resolution upholding the Planning Commission decision
approving Vesting Tentative Tract Map 6149 and the Negative Declaration and denying the
appeal.
c. General Plan Amendment/Zone Change 02-0641; David Milazzo is requesting an
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan
changing the land use designation from HMR (High Medium Density Residential) to
GC (General Commemial) and an amendment to the Zoning Ordinance changing the
zoning from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) or
more restrictive zoning on 15.43 acres located along the northwest corner of Stine
Road and Panama Lane. 'Staff comments by Development Services Director Jack
Hardisty)
1. Resolution approwng the Negative Declaration and upholding the Planning
Commission recommendation to deny the General Plan Amendment changing
the land use designations from HMR to GC.
Staff recommends adoption of the resolution approving the Negative Declaration and denying
the General Plan Amendment.
General Plan Amendment/Zone Change 02-1144; Dave Dmohowski has proposed a
General Plan Amendment and an ordinance amendment for 20.70 acres located
approximately one-half mile south of State Route 178 along the east side of Miramonte
Drive (extended). (Staff comments by Development Services Director Jack Hardisty)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change the land use designation from LMR (Low Medium
Density Residential) to LR (Low Density Residential) on 20.70 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 105-15 from R-2 (Limited Multiple Family
Dwelling) to R-1 (One Family Dwelling) on 20.70 acres.
Staff recommends adoption of the resolution approving the Negative Declaration, GeneraI Plan
Amendment and give first reading to the Ordinance.
9. HEARINGS continued
(Ward 5)
(Ward 4)
(Ward7)
e. General Plan Amendment/Zone Change 02-1158; Castle & Cooke is requesting a
General Plan Amendment changing the land use designation on 28,794 square feet
from OS-P (Open Space-Parks and Recreational Facilities) to LR (Low Density
Residential) on 14 lots located within Tentative Tract 6150 and 3 lots located within
Tentative Tract 6151 generally located between Ming Avenue, White Lane, Buena
Vista Road and Allen Road. (Staff comments by Development Services Director Jack
Hardisty)
1. Resolution approving the Negative Declaration and approving the General Plan
Amendment changing the land use designation from OS-P to LR.
Staff recommends adoption of the resolution approving the Notice of Exemption and the
General Plan Amendment.
f. General Plan Amendment/Zone Change 02-1248; Porter-Robertson Engineering has
proposed a General Plan Amendment and an ordinance amendment for 89.31 acres,
located along the west side of Allen Road, north of Noriega Road. (Staff comments
by Development Services Director Jack Hardisty)
1. Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Suburban Residential) on 89.31 acres.
2. Ordinance adopting the Negative Declaration and amending Title 17 of
Municipal Code and Zoning Map No. 101-14 from A (Agricultural) to R-1 (One
Family Dwelling) on 89.31 acres.
Staff recommends adoption of the resolution approving the Negative Declaration, General Plan
Amendment and give first reading to the ordinance.
g. General Plan Amendment 03-0012; David Dmohowski with ProjectDesign Consultants
has proposed to amend the Land Use Element of the Metropolitan Bakersfield located
adjacent on the northside of Berkshire Road, between South H Street and Monitor
Street. The project site is currently zoned for R-1 (One Family Dwelling) development.
(Staff comments by Development Services Director Jack Hardisty)
1. Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from SR (Suburban Residential)
to LR (Low Density Residential) on 19.57 acres.
Staff racommends adoption of the resolution approving the Negative Declaration and General
Plan Amendment.
10.
11.
REPORTS
a. Report No. 1-03 of the Ad Hoc Committee on Crime, Weapons, Gang Violence and
Community Relations regarding a Community Action Plan.
Committee recommends acceptance of the Report.
DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL AND MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
05/08/03 10:05 a.m.
7
ADDENDUM
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MAY 14, 2003
(Ward 4)
CONSENT CALENDAR
Resolution opposing the sale of the Kern Power Plant by PG & E.
CONSENT CALENDAR
Panasonic ToughBooks and Equipment (33 each)
1. Rescind award to Oakland Computer Company and reject all other bids.
2. Authorize participation in U.S. Communities Government Purchasing
Alliance to pumhase 33 Panasonic ToughBooks and Equipment from
GTSI Corporation for $237,731.42.
Staff recommends adoption of Consent items 8. a. through 8.y.
Respectfully submitted,
Alan Tandy
City Manager
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Workshop
ITEM: 2, ~,,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
May 1, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Presentation of the Proposed FY 2003 - 04 Budget
APPROVED
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2003-04
proposed budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency
budgets.
DH:al
May 1, 2003, 8:19AM
S:'~Admin Rpts~2003\Proposed Budget Workshop 051403.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Closed Session
ITEM: 5.0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
April 18, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~ -
ClTY MANAGER
Conference with Real Property Negotiators pursuant to Government Code section 54956.8
Property: Southeast corner of Downing Avenue and Coffee Road, Bakersfield, California
Agency Negotiators: Finance Director Gregory Klimko and Real Property Manager Donald
Anderson
Negotiating Parties: Doug Snyder- PG&E Land Services
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
April 18, 2003, 11:42AM
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Closed Session
ITEM: ,~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Bart J. Thiltgen, City Attorney
May 2, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (C) of Government Code section 54956.9.
In the Matter of the Claim of: Tarrah Breann Goland
In the Matter of the Claim of: James Ryan Roy
RECOMMENDATION:
BACKGROUND:
BJT:las
May 2. 2003, 11:16AM
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Presentations
ITEM: 5, ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 2, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Presentation by Mayor Hall of Proclamation to Mr. Fred Drew, Executive Director of
Community Action Partnership of Kern, proclaiming May, 2003, as "Community Action
Month".
RECOMMENDATION:
BACKGROUND:
ndw
May 2, 2003, 9:26AM
S:~MAYOR~ADMIN\COMMUNITY ACTION MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Presentations
ITEM: .~, b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 2, 2003
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Presentation by Mayor Hall of Proclamation to Minister Wesley Crawford Muhammad,
proclaiming May 31, 2003, as "Blessed Are the Peacemakers Day".
RECOMMENDATION:
BACKGROUND:
ndw
May 2, 2003, 8:56AM
S:\MAYOR\ADMIN\BLESSED ARE THE PEACEMAKERS DAY.dot
ADMINISTRATIVE REPORT
IMEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. A.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Cle~),._~
May 2, 2003
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the April 30, 2003 Council meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Kt
S:\Council\admins\2OO3\MAY 14, 2003.DOT
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 01, 2003
APPROVED
DEPARTMENTHEAD
CITY MANAGER ~Ii
Approval of department payments from April 18, 2003 to May 01j2003 in the
amount of $5,708,607.27 and self insurance payments from April 18, 2003
to May 01, 2003 in the amount of $111,330.03.
RECOMMENDATION:
Staff recommends approval of payments totaling $5,819,937.30.
BACKGROUND:
May 1, 2003, 1:06PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
rMEETING DATE: May 14, 2003
AGENDA SECTION: Consent
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stan Ford, Director of Recreation & Parks DEPARTMENT HEAD "~~
DATE: May 1, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Ordinance amending Chapter 12.40 of the Bakersfield Municipal Code regarding Street
Trees requiring permits for commercial tree contractors performing work or maintenance of
trees in the public right away.
RECOMMENDATION:
Staff recommends adoption of this ordinance.
BACKGROUND:
The Urban Development Committee was asked to review the City's tree ordinance for the maintenance
and removal of trees within the public right of way. The committee discussed different alternatives which
would improve the city's ability to make sure tree maintenance work being done by private contractors
within the public right of way was done in a safe and professional manner. One alternative discussed was
to require commercial tree contractors to obtain an annual permit for tree work within the public right of
way. This permit process would include educational components providing information and requirements
for city tree maintenance methods and standards to those performing work in city right of ways. It was
also discussed that the current ordinance placed responsibility for street trees with the Public Works
Director, however, in practice the Urban Forester under direction of the Director of Recreation and Parks is
currently performing this work.
Staff prepared draft changes to the proposed ordinance which include the permit requirement and a
change regarding jurisdiction and oversight within the ordinance from the Public Works Director to the
Director of Recreation and Parks or his designee to reflect current responsibilities. Staff then conducted a
public meeting on November 12, 2002 at which thirty-two (32) local tree companies were invited to discuss
the proposed changes and requirements in the ordinance. The meeting had a very Iow turn out with one
(1) tree operator of those notified attending the meeting. Staff received no additional comments from
those notified regarding the proposed changes to the ordinance, The Bakersfield Tree Foundation is in
support of the proposed changes to the ordinance.
The Urban Development Committee met and discussed the draft ordinance at its April 7, 2003 meeting
and recommends Council approve the proposed ordinance change.
This ordinance received first reading at the April 30, 2003 City Council meeting,
May 6, 2003, 8:20AM
P:~Administrative Agendas~ADMIN Adoption of Ordinance.dot
JMEETING DATE:
ADMINISTRATIVE REPORT
May14,2003
AGENDA SECTION: Consent Calendar
ITEM: ~'.
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiitgen, City Attorney DEPARTMENT HEAD
DATE: May 2, 2003 CITY A'I'rORNEY
CITY MANAGER
SUBJECT:
Ordinance amending Bakersfield Municipal Code Chapter 5.32 relating to Massage
Establishments
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was at the Council meeting held on April 30, 2003. During the Public
Statements portion of the City Council meeting of April 9, 2003, several members of the massage industry
voiced their opposition to the proposed massage ordinance which would be considered for first reading on
that evening's agenda. The primary objection was the prohibition of all "off-premises private"
massage/bodywork services. Staff was directed to again meet with the industry and bring back to the Council
a revised proposed ordinance which would allow for "off-premises private" massage/bodywork services with
the requirement for an authorization by a medical practitioner.
Staff met with the massage industry on April 14, 2003, and arrived at an agreement for the
appropriate language to allow such services. Section 5.32.130 has been modified accordingly.
Procedurally, since all Massage/Bodywork Establishments must keep a record (a log) of each
massage/bodywork performed, which log is subject to inspection by the Police Department, this log will be the
basis for the Police Department to ensure compliance with the practitioner's requirement to see the
authorization from a medical practitioner prior to pedorming the "off-premises private" massage/bodywork
service.
BdT:dll
$:\C0 UNClL~Admin$~MassageOrdinance Revision.doc
May 2, 2003 - 1:29 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
Honorable
Mayor and City Council
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
May 06, 2003 CITY AI-FORNEY
CITY MANAGER
APPROVED
SUBJECT: An Ordinance Amending Section 2.72.230 of the Bakersfield Municipal Code Relating to
Reduction in Force (First Reading on April 30, 2003)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
In March, 1996, a Bakersfield City Charter amendment repealed Section (217b) 10b of the City Charter,
concerning the procedure for lay-offs, demotions, and promotions. This section was repealed as our
Memorandum of Understanding for employees of the Blue and White Collar units, adopted August 10,
1994 agreed to delete this section, the procedure for lay-offs, demotions, and promotions is addressed in
the Bakersfield Municipal Code and the section was extremely inflexible and did not allow for prompt
modification which is necessary in the bargaining process.
The Bakersfield Municipal Code was amended in November, 1995, regarding the reduction in force
process, to reflect the process which all of the bargaining units in the City had agreed, which could be
changed, prior to the City Charter amendment referenced above. Once the Charter change occurred, the
Municipal Code was to be further refined in the reduction in force area to reflect other changes agreed to,
primarily, that seniority was defined as total length of service with the City, not the total length of time
worked in a department.
Due to an oversight, the Municipal Code reduction in force process was never amended the second time,
following the City Charter amendment. This oversight was recently discovered; thus the reason for this
amendment. Staff has worked with representatives of the Blue and White Collar units and the City
Attorney's staff to ensure the language in the amendment is as agreed and that it defines the reduction in
force process as clearly as possible.
(Is)
May6, 2003, 11:10AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 21, 2003
, APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
Resolution adding territory, Area 3-20 (Buena Vista, Panama NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 30, 2003 the Council adopted Resolution of Intention No. 1295 to add
territory, Area 3-20 (Buena Vista, Panama NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tentative Tract No. 6104. Area 3-20 is generally
bounded by Harris Road on the north, Mountain Vista Drive on the east, Panama Lane on the south, and
Buena Vista Road on the west. This area will be under the park and streetscape zones of benefit and will
be assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
Lvd
April 18, 2003, 11:49AM
S:\PROJ ECTS\MAINDIST~,DMINRPT~MD3-20Est03.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
IAGENDA SECTION: Consent Calendar
ITEM: ~j, 7'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 21,2003
APPROVED
DEPARTMENT HEAD ~.
CITY ATTORNEY .
CITY MANAGER ,~
SUBJECT:
Resolution adding territory, Area 1-36 (Reina, Allen NE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 30, 2003 the Council adopted Resolution of Intention No. 1292 to add
territory, Area 1-36 (Reina, Allen NE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tentative Tract No. 6061. Area 1-36 is generally bounded by a line
1/4 mile north of Reina Road on the north, a line 1/4 mile east of Allen Road on the east, Reina Road on
the south and Allen Road on the west. This area will be under the streetscape zone of benefit and will be
assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Lvd
April 18, 2003, 9:23AM
S:\PROJ ECTS\MAIN DIST~ADMINRpT~MD 1-36Est03.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA
TEM:
SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 21, 2003
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER ~
Resolution adding territory, Area 1-37 (Jewetta, Noriega NW) to the Consolidated
Maintenance I::)istrict and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 30, 2003 the Council adopted Resolution of Intention No. 1294 to add
territory, Area 1-37 (Jewetta, Noriega NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping for Tentative Tract No. 6146. Area 1-37 is generally bounded
by a fine 1/4 mile north of Noriega Road on the nor[h, Jewetta Avenue on the east, Noriega Road on the
south and a line 3/8 mile west of Jewetta Avenue on the west. This area will be under the streetscape
zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the properly 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 the covenant is attached for reference.
Lvd
Aprit 18, 2003, 10:46AM
S:\PROJ ECTS\MAIN DIS'RADMINRPT~MD1-37Est03.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 1, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1297 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District and the
2003-2004 budget; setting time and place for hearing protests on the amount of street
and median landscaping assessments to be levied throughout the Consolidated
Maintenance District. (All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2003-2004
budget for the Consolidated Maintenance District.
Again this year, assessment rates will not be increased. Assessment rates will remain at the 2002-2003
level. The Map and Assessment Diagram, Exhibit "B" and the proposed 2003-2004 budget, Exhibit "D"
are attached to the Resolution of Intention. The Legal Description, Exhibit "A", the Benefit Formula,
Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 11, 2003, at 7:00
P.M.
Lvd
April 30, 2003, 4:09PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~'3'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 1, 2003
DEPARTMENT HEAD /~VED
CITY ATTORNEY //'~
CITY MANAGER ~
Resolution of Intention No. 1298 preliminarily adopting, confirming and approving the
Public Works Director's Report for the Consolidated Maintenance District and the
2003-2004 budget; setting time and place for hearing protests on the amount of park
landscaping assessments to be levied throughout the Consolidated Maintenance
District. (All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2003-2004
budget for the Consolidated Maintenance District.
Again this year, assessment rates will not be increased. Assessment rates will remain at the 2002-2003
level. The Map and Assessment Diagram, Exhibit "B" and the proposed 2003-2004 budget, Exhibit "D"
are attached to the Resolution of Intention. The Legal Description, Exhibit "A", the Benefit Formula,
Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 11, 2003, at 7:00
P.M.
Lvd
April 30, 2003, 4:31 PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
IITEM: ~'. K.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 1, 2003
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY
CITY MANAGER ~
Resolution of Intention No. 1299 preliminarily adopting, confirming and approving Public
Works Director's report for the Traffic Signal Maintenance Districts and the 2003-2004
budgets; setting time and place for hearing protests on the amount of assessments to be
levied throughout each of the Traffic Signal Maintenance Districts. (Wards 1, 3, 4 and 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: Since the approval of Resolution 161-94 on September 28, 1994, which provides for
the collection of maintenance and operating costs for "convenience" traffic signals, the Council has
approved eight Traffic Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3
(Rosedale, Jet Way), TS-4 (Gleneagles), TS-5 (Northwest Promenade, Phase 2), TS-6 (E. Brundage,
Hayes), TS-7 (Mt Vernon, N/Bernard) and TS-8 (Calloway, Hageman NE). The Bakersfield Municipal
Code requires an annual hearing to set the assessments for each parcel. To simplify the hearing process,
due to the small number of property owners, the hearings for all eight districts will be combined. Budgets
for each district will remain separate. Assessments are not being increased for any of the eight districts.
All districts are therefore exempt from the procedures and approval process of Proposition 218.
This resolution preliminarily approves the Public Works Director's Report, the 2003-2004 budgets and sets
the protest hearing for the Council meeting on Wednesday, June 11, 2003 at 7:00 pm.
Lvd
Aprit 26, 2003, 12:05PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003 AGENDA SECTION: Consent Calendar
ITEM: <~. l,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: May 1, 2003 CITY A'I-DORNEY
CITY MANAGER
SUBJECT:
Resolution in Support of the League of California Cities' Action for Better Cities: Save
Our Services Program
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of Resolution.
BACKGROUND:
At its meeting of April 28, 2003, the Legislative and Litigation Committee reviewed a League of
California Cities request for support for its Action for Better Cities: "Save Our Services" Program. On a
two to one vote, the Committee recommended forwarding to Council for approval.
The League Board created the Action for Better Cities (ABC) to advocate voter approval of
constitutional protection of city services and revenues and the possible sponsorship for a statewide
ballot measure for this purpose.
The ABC's "Save Our Services" program is a mechanism to finance the cost of any statewide ballot
measure campaign for the purposes of preserving and protecting city resources and opposition to ballot
proposals that reduce local democratic control of local services and revenues.
The Save our Services Fund allows city employees, on a voluntary basis, to authorize payroll
deductions to help build a fund that can be used by the League to pay for the costs of a statewide ballot
measure and other efforts designed to strengthen constitutional protections for local revenues. The
passage of the resolution, as indicated by the League, could serve as a first step in setting up a
voluntary employee payroll deduction program for the Save Our Services Fund. Prior to that
happening, the League/ABC strongly recommends that city officials, informally or formally, meet with all
City employee organizations prior to establishing such a voluntary payroll deduction program.
The resolution indicates the City's support for the League's Action for Better Cities: "Save Our
Services" Program.
April 30, 2003, 9:01AM
P:\L&L~Admin Reports~ADM03-05-14-1-SOS.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, ¢~q,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 24, 2003
APPROVED
DEPARTMENT HEAD //'~
CITY ATTORNEY /~----"~/~
CITY MANAGER ~
Assessment District No. 03-2, (Buena Vista Ranch/Belsera II/Montara II/Olive Park II).
1. Resolution Approving Boundary Map
2. Resolution of Intention 1300
3. Resolution Approving Acquisition and Disclosure Agreements and Authorizing
Changes Thereto and Execution Thereof.
4. First Amendment to Consultants Agreement No. 03-058 with Wilson & Associates
for Assessment Engineering. (Ward 4 & 5)
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreement.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district and were approved by Council on March 26, 2003.
The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between
the City and the property owners for improvements within the boundaries of Assessment District No. 03-2.
The First Amendment to Consultants Agreement No. 03-058 with Wilson & Associates for assessment
district engineering covers their work to add the (Olive Park II) development area to AD 03-2. This area is
being developed as Tentative Tract No. 6117 by Brian Batey Company pursuant to a petition and bond
financing application that he submitted this week.
The proposed district has four distinct subareas as follows:
Buena Vista Ranch: This subarea is located south of Harris Road, west of Mountain Vista
Drive, east of Buena Vista Road, north of Panama Lane and is planned for new residential
development. It is proposed that the improvements for this subarea will be constructed by
the developer (Centex Homes), with acquisition of the improvements upon completion. The
improvements include construction of Buena Vista Road and Panama Lane for the frontage
of tentative Tracts 6104 and including curb, gutter, sidewalk, median deposit, street lights,
wall monuments and block wall improvements.
April 25, 2003, 8:38AM
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ADMINISTRATIVE REPORT
Belsera: This subarea is located south of Snow Road, west of Calloway Drive, east of Allen
Road, north of Reina Road and is planned for Residential development. It is proposed that
the improvements for this subarea will be completed by the developer (Centex Homes),
with acquisition of the improvements upon completion. The improvements include
construction of on-site public improvements for Tract 5831 Phase 3.
Montara: This subarea is located south of Snow Road, west of Calloway Drive, east of Allen
Road, north of Panama Lane and is proposed for new residential development. It is
proposed that the improvements for this subarea will be constructed by the developer
(Centex Homes), with acquisition of the improvements upon completion. The improvements
include construction of on-site and off-site improvements for Tract 5829 Phase 4 and
including curbs, gutters, sidewalk, driveways and block walls.
Jas
Olive Park I1: This subarea is located south of Olive Drive, west of Jewetta Avenue, east of
Old Farm Road, north of Reina Road and is proposed for new residential development. It is
proposed that the improvements for this subarea will be constructed by the developer (Olive
Park Land Company), with acquisition of the improvements upon completion. The
improvements include construction of on-site and off-site improvements for Tract 6117 Unit
1 and including curbs, gutters, sidewalk, driveways bike trail, storm drains, sump and block
walls.
The primary motive for combining four subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the properly owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
April 25, 2003, 8:38AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
IAGENDA SECTION: Consent Calendar
ITEM: ~, (~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raut M. Rojas, Public Works Director
April 29, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Amendment No. I to Resolution No. 006-03 "Dispensing With Bidding Procedures Due To
Emergency Repairs Of Sewer Line Located In The Alley Between Beech and Myrtle Streets
and Extending From Palm Street to Dracena Street And Authorizing Granite Construction
To Perform Repairs Not To Exceed $100,000" by Increasing the Not To Exceed amount to
$108,000. (Ward 2).
RECOMMENDATION: Staff recommends amendment of Resolution.
BACKGROUND: On January 15, 2003, Resolution No. 006-03 was approved by Council. This
Resolution authorized dispensing with bidding procedures due to emergency repairs of a sewer line
located in the alley between Beech and Myrtle Streets and extending from Palm Street to Dracena Street.
Granite Construction was authorized to perform the necessary repairs, not to exceed $100,000. The
repairs have been completed and actual costs of $107,828.70 were incurred for this project.
As background, staff investigated a cave-in on Palm Street between Beech and Myrtle Streets, and found
the sewer line to be deteriorated with several holes already in the concrete line. Approximately 700 feet of
sewer line was in need of immediate replacement.
The Public Works Director determined that it was an emergency and felt it was necessary to forego the
normal competitive bidding procedures. Granite Construction was hired to perform the necessary repairs.
The cost of the project was estimated to be approximately $100,000. Actual costs were $107,828.42 for
this project. Therefore, Resolution No. 006-03 adopted on January 15, 2003, should be amended to
reflect this change.
May 6, 2003, 12:10PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. O,
TO: Honorable Mayor and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD ~
DATE: April 25, 2003 CITY ATTORNEY ~
CITY MANAGER
SUBJECT:
Amendment No. I to Agreement No. CA 03-013 in an amount not to exceed $55,000 with
Rutan & Tucker for outside legal services in the matter of Stevens v. City of Bakersfield,
Superior Court Case No. 249329 NFT.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On February 3, 2003, a Petition for Writ of Mandate and Complaint for Civil Rights Violation was filed
against the City by Robert Stevens, et al, challenging the denial at site plan review of a permit to construct
and operate the Exotic Kitty "Gentlemen's Club." Prior to the filing, the City had executed a Departmental
Attorney Retainer Agreement with Mr. Jeffrey Goldfarb of the law firm of Rutan & Tucker to provide expert
legal advice concerning regulation of "sexually oriented businesses." Subsequent to the filing, the Council
was informed Mr. Goldfarb would also be utilized as co-counsel to defend the City.
The cost of these legal services to date has now reached the level where further legal services will exceed
the $25,000 amount authorized in the Departmental Attorney Retainer Agreement. Future legal services
include preparation of additional pleadings, presentation of oral argument for the Writ Petition hearing,
and, potentially a separate trial for the civil rights allegations.
At this time, it is recommended the Attorney Retainer Agreement be amended to read "Not to exceed
$55,000." In the event it is necessary to proceed to a separate trial on the civil rights allegations, or if
unanticipated events arise which necessitate expanded legal services, a second amendment will be
brought to the Council for consideration.
BJT~dll
April 25, 2003, 2:14PM
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ADMINISTRATIVE REPORT
M~-u. IING DATE: May 14, 2003 I AGENDAiTEM: ~.SECTION:~3. Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
May 1, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Agreement between the City of Bakersfield and the County of Kern with Bakersfield Police
Activities League (PAL) for $108,000 of City's Community Development Block Grant funds
and $13,773 of County's Community Development Block Grant funds to construct a
classroom and offlce at the PAL Youth Center; 301 E. 4t~ Street. 0Nard 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council approved the 2002~03 City of Bakersfield Action Plan in May of 2002, which allocated
$108,000 in fiscal year 2002-03 Community Development Block Grant funds to build two classrooms and
one office for the after school educational program. On April 29, 2003, the County Board of Supervisors
approved an additional $13,773 in County Community Development Block Grant funds for the project.
The PAL Youth Center is owned and operated by PAL, a nonprofit, charitable organization. PAL provides
after~school, late night, and weekend athletic activities to area youth; a competitive amateur boxing
program; a learning center with computers and other educational resources. PAL's purpose is to reduce
crime by providing needed recreational, educational and community service opportunities to youths in the
Greater Bakersfield Metropolitan Area.
This multi-phase project consists of: land acquisition; design and construction of improvements needed to
renovate and rehabilitate PAL's Youth Center at 301 4th Street, and the design and construction of the
outdoor recreation facilities on the six acres of property adjacent to the center. This project will be
completed over several years, using various funding sources. To date, the following improvements have
been made: acquisition of the playing field; construction of a parking lot and landscaping; rehabilitation of
the gymnasium, including bathrooms; installation of outdoor basketball courts, perimeter fence and interior
fence. PAL is also in the process of building the kitchen/staff room, rehabilitating the arts and science
room, and installing an irrigation system and grass for the playing fields.
S:~,dmins\City Council\PAL ADMIN doc
5/1 ~2003 9:11 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003 AGENDA SECTION: Consent Calendar
ITEM: 2, d~
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: May 7, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Amendment No. 2 to Agreement No. 01-087/RA 01-3 with CVE Development, Inc. for
modification of the repayment provision for the proposed senior housing project Jn the
Southeast Redevelopment Project Area. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On March 28, 2001, the City, Agency and CVE entered into a development agreement by which the
Agency and City would loan CVE funds to acquire property and construct a 180-unit senior complex. The
funding was conditioned on CVE applying for and receiving tax credits from the State of California Tax
Allocation Committee. CVE applied for, but did not receive the credits.
On November 5, 2001, Amendment No. 1 to Agreement No. 01-087/RA 01-3, was approved to assist CVE
in the acquisition, relocation and demolition of properties in order to construct the 180-unit senior housing
project and to resubmit their request for tax credits. CVE's tax credit application was approved by the
State Tax Credit Allocation Committee in May, 2002.
As part of the original agreement, CVE would assign all rights and obligations to a limited partnership (LP)
as long as CVE was a general partner. CVE and the LP have requested the modification of the repayment
provision of the agreement from 24 annual payments of $60,000 (for a total of $1,440,000) to the Agency.
This amendment will provide LP to make two equal installments of $360,000 each. The first installment
will be paid not later than June 1, 2003 and the second installment will be paid concurrent with the closing
of the permanent loan for the complex. Pursuant to the amendment, failure by LP to submit payment
when due, will be considered a breach of the agreement, and LP shall owe Agency & City all moneys
loaned to it pursuant to this agreement.
To date the CVE properties have been acquired, families relocated and the structures cleared. A ground
breaking event is planned for May 28, 2003. The 180 senior housing units will be available for lease up,
December 2004. The Bakersfield Redevelopment Agency approved Amendment No. 2 to Agreement No.
01-087/RA 01-3 at the May 12, 2003 meeting.
S:~Admins\City Council\CVE amend no 2(2).doc
5/7/2003 11:57 AM
ADMINISTRATIVE REPORT
M~-~-IING DATE: May 14, 2003
IAGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 1, 2003
AP~'ROVED
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Agreement with Bakersfield SPCA, a non-profit organization, to purchase seven (7) surplus
computers from the City for $1.00 each for a total of $7.00.
RECOMMENDATION: Staff recommends sale of surplus computers.
BACKGROUND: The Finance Director has received a request from Bakersfield SPCA to buy seven (7)
surplus, used computers. Bakersfield Municipal Code section 3.20.120F provides for this action and
states that any sale to a governmental entity or nonprofit organization shall be subject to confirmation and
approval by the City Council.
The items are being sold "as is and with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:Ijm
P:~ADMIN~003 ADMIN\C03_0514_D_Sale of Surplus Computers.doc
May 1, 2003, 9:15AM
ADMINISTRATIVE REPORT
M~-~-,ING DATE: May 14, 2003
AGENDA SECTION: Consent Calendar
TEM: ~, 5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 1, 2003
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
Amendment No. I ($113,000.00 increase for a total compensation of $188,000.00) to
Agreement No. 03-030 with Badger Meter, Incorporated to furnish water meters for the
Water Resources Department.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: This contract provides for the purchase of water meters for commercial and residential
use in the City. At the February 12, 2003, Council meeting, awards for annual contracts for water meters
were split between the two (2) bidders, Groeniger & Company and Badger Meter, Incorporated. On April
24, 2003, a letter from Groeniger & Company was received, stating they are no longer an authorized
Neptune water meter distributor and are unable to fulfill their portion of the contract.
Badger Meter, Incorporated has agreed to provide the water meters at the price bid in February.
Purchasing Division
DW:ljm
P:~ADMIN~2003 ADMIN\C03_0514_A_AC Water Meters AMENDMENT.doc
May 1, 2003, 2:08PM
ADMINISTRATIVE REPORT
M~-P_.IING DATE: May 14, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 24, 2003
Tract Maps and Improvement Agreements
DEPARTMENT HEAD
CITY ATTORNEY~._~ ~
CITY MANAGER
Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6087
Phase A located north of Chamber Boulevard and east of South Allen Road. (Ward 5)
Final Map and Improvement Agreements with Castle & Cooke California, Inc. for Tract 6087
Phase B located north of Chamber Boulevard and east of South Allen Road. (Ward 5)
Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 6087
Phase C located north of Chamber Boulevard and east of South Allen Road. (Ward 5)
Final Map and Improvement Agreements with Centex Homes for Tract 5829 Phase 4
located south of Snow Road and east of Old Farm Road. (Ward 4)
Final Map and Improvement Agreement with D N B Development Corp for Tract 6006
Phase 1 located east of Wible Road and south of Macau Street. (Ward 7)
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.
INOTE: THE IIVlPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
April 25, 2003, 2:18PM
G:\GROUPDAT~ADMINRPT~2003\05-14\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 28, 2003
APPF~3VED
CITY MANAGER
Amendment to Agreement 01-166 with Delta Microimaging for document file conversion to
Laser Fiche or Mirco Fiche Formats.
RECOMMENDATION:
Staff recommends approval of the amendment of the agreement.
BACKGROUND:
At the July 18, 2001 Council Meeting, Delta Microimaging was awarded the contract to scan
documents, maps and plans, and various other materials into Laser Fiche or Micro Fiche format.
Agreement 01-166 provides for a twelve month extension of the contract not to exceed the
budgeted amount. The FY 02/03 budget for the Building Division contains funding of $100,000 in
the Development Services Fund for continuing with the back file conversion of documents to laser
fiche.
MD
Admin\apr~4-30-m fagree
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 1,2003
I ITEM:
AGENDA SECTION: Consent Calendar
APPROVED
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Accept bid from Allen Instruments and Supplies $78,955.47 for Trimble GPS Surveying
Equipment for Public Works.
RECOMMENDATION: Staff recommends award of bid.
BACKGROUND: Invitations to bid were sent to five (5) Trimble dealers. Because sales areas are
protected, only one (1) bid was received April 28, 2003.
This equipment will be used for surveying for right of way and preliminary design work on a Federal project
and therefore is eligible for Federal reimbursement through rental payments.
Allen Instruments & Supplies
2940 East La Palma Suite E
Anaheim, CA 92806
in the amount of
$78,955.47
Purchasing Division
DW:Ijm
PSADMIN~003 ADMIN\C03_0514_C_Trimble GPS Surveying Equipment.doc
May 6, 2003, 4:47PM
RE VISION
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 18, 2003 CITY ATTORNEY ~~
CITY MANAGER /~
SUBJECT:
Accept bid to award contract to Loop Electric for $156,378.80 for Traffic Signal and Lighting
Installations at Hageman Road and Patton Way and at Calloway Drive and Olive Drive
(Ward 4).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The projects consists of installing traffic signals, lighting systems, pavement markings,
striping and signage at the intersections of Hageman Road at Patton Way and Caltoway Drive at Olive
Drive. Each project is funded entirely with Traffic Impact Fees.
On April 16, 2003, two acceptable bids were received as follows:
Loop Electric
1516 E. 19th Street
Bakersfield, CA 93305 (City) in the amount of $156,378.80
A C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$157,618.25
May 6, 2003, 12:46PM
IMEETING DATE:
TO:
FROM:
DATE:
SUBJECT:
ADMINISTRATIVE REPORT
May 14, 2003
IAGENDA SECTION: Consent
ITEM: ~.,~.
Honorable Mayor and City Council
Alan Tandy, City Manager
May 8, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
ClTY MANAGER ~
Resolution opposing sale of Kern Power Plant by Pacific Gas & Electric Company
RECOMMENDATION: Staff recommends adoption of the resolution
BACKGROUND:
Councilmember David Couch requested that this item be placed on the agenda. Resolution opposes
sale of the Kern Power Plant so that it can be opened for operation. Opposition is based on negative
impacts to the area including air quality, truck traffic, water quality and noise. Furthermore, the power
plant appears to be incompatible with adjacent uses, which have changed considerably since the plant
was closed.
The Mayor and City Council will also be asked to consider signing a le~er addressed to PG&E
opposingthe sale.
The Resolution was not available at the time of packet distribution. It will be
provided prior to the City Council meeting.
May 9, 2003, 2:33PM
S:~Adrnin Rpts~003~kern power plant closure 5-14-03.doc
AT:al
Page I
ADMINISTRATIVE REPORT
IMEETING DATE: May 14, 2003
IAGENDA SECTION: Consent Calendar
ITEM: <~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 9, 2003
APPROVED
CITY AI-rORNEY~
CITY MANAGER
SUBJECT:
Panasonic ToughBooks and Equipment (33 each)
1) Rescind award to Oakland Computer Company and reject all other bids.
2) Authorize participation in U.S. Communities Government Purchasing
Alliance to purchase 33 Panasonic ToughBooks and Equipment from GTSI
Corporation for $237,731.42.
RECOMMENDATION: Staff recommends Council rescind award to Oakland Computer Company, reject
all other bids, and authorize participation in U.S. Communities agreement.
BACKGROUND: On February 26, 2003, Council accepted the bid from Oakland Computer Company to
supply 33 Panasonic ToughBooks for $237,731.42. Oakland Computer Company has informed the City
they are unable to supply the computers because the distributor will not extend them credit.
U.S. Communities Government Purchasing Alliance (U.S. Communities) allows public agencies to achieve
bulk volume discounts and competitively solicits products through a lead public agency. State of California
§ 6500 allows cities to participate in this agreement. In May, 2003, GTSI Corporation, located in Chantilly,
Virginia, was awarded the contract to provide Panasonic equipment under this U.S. Communities
agreement.
Staff recommends Council allow purchase of the Panasonic ToughBooks and Equipment from GTSI
Corporation for $237,731.42, the amount originally awarded in February to Oakland Computer Company.
Purchasing Division
DW:ljrn
p:~ADMIN~003 ADMIN\C03 0514_E_Panasonic Toughbooks.doc
May 9, 2003, 2:50PM
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003 Hearings
AGENDA SECTION:
ITEM! 0~ ~L.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
May 1,2003
APPROVED
DEPART ,EN '.EAD
CITY ATFORNEY~'~''~-
CITY MANAGER
Public hearing to consider an increase in the readiness-to-serve charge for the City of
Bakersfield Domestic Water system. (Portions of Wards No. 4, 5, 6 & 7)
Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: California state law under Proposition 218, requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing
on a proposed increase in the readiness-to-serve charge on the City of Bakersfield Domestic Water
System was mailed to each of the customers and/or properly owners that receive City water service. The
mailing occurred during March 2003. As of May 1, 2003, the City Clerk had received two written letters
protesting the fee increase, and two letters commenting on the increase.
The readiness-to-serve charge is proposed to be increased in this hearing. The current readiness-to-serve
charge for a typical residential customer is $6.90 per month. The proposed monthly service charge is
$7.95, which reflects a total increase of $1.05 per month. The readiness-to-serve charge for larger
services will be assessed by a service-size ratio relative to a typical residential customer. This charge is
calculated based on fixed cost expenditures for the domestic water services that are provided to all
customers on the City system. Due to inflation, equipment and facilities replacement and other costs,
overall expenditures have increased 4.6%. There is no increase proposed in the unit quantity rate.
According to Proposition 218, if written protests against the proposed fee increase are presented by a
majority of the customers and/or property owners that are receiving water service from the City, the City
shall not charge the additional readiness-to-serve fee. If written protests against the proposed increased
fee are not presented by a majority of the customers and/or property owners that are receiving water
service from the City, the City Council may adopt the proposed fee.
The proposed increased readiness-to-serve charge would become effective October 1,2003.
FC:
S:\2003 ADMIN RPTS\MY14WT01HRG.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Hearings
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 28, 2003
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY
CITY MANAGER ~'
Resolution Upholding the Decision of the Planning Commission Approving Vesting
Tentative Tract Map 6149 and the Negative Declaration, and Denying the Appeal by
the Sierra Club. (Ward 3)
RECOMMENDATION:
Staff recommends adopt resolution upholding the Planning Commission's decision approving
the Negative Declaration and Vesting Tentative Tract Map 6149 and denying the appeal.
BACKGROUND:
On April 3, 2003, the Planning Commission adopted Resolution No. 72-03, conditionally
approving Vesting Tentative Tract Map 6149 proposed by Pinnacle Engineering, the
applicant representing Sage Communities, Inc. Tract 6149 is located on the southwest
corner of Highway 178 and Miramonte Drive. Gordon I. Nipp, of the Sierra Club filed an
appeal to the Planning Commission's approval of Tract 6149 and Negative Declaration citing
cumulative impacts to air quality and traffic are significant.
Tract 6149 consists of a total of 174.68 acres containing 558 lots on 169.43 acres for
purposes of single family development, and 2 lots containing 5.25 acres for public park
purposes, zoned R-1 (One Family Dwelling) including a request for alternate lot and street
design. The Planning Commission approved a 3-acre park site, which is this Tract's park
land requirement and included a condition for subdivider to construct the 3-acre park. The
Initial Study is attached as Exhibit "C."
During the April 3, 2003 public hearing before the Planning Commission, Mr. Nipp was the
only speaker and he expressed concerns related to cumulative impacts to air quality and
increased traffic.
The Sierra Club's letter of appeal stated concerns that cumulative impacts to air quality and
traffic have not been addressed. The letter suggests there would be detrimental health
effects from air pollution and states this tract in combination of other projects in the area
would result in congestion on Highway 178. The Sierra Club recommends that Condition
No. 35, now renumbered as 38 in attached Exhibit "A," be referred for separate review. This
ADMINISTRATIVE REPORT Page 2
condition allows the developer to select one or more methods that would result in a
reduction of ROG emissions of at least 7.32 tons per year and a reduction of NOx emission
of at least 3.19 tons per year. These amounts of emissions represent the amount in which
the project will exceed the 10 tons per year threshold.
Like all other mitigation measures, Condition No. 38 provides a method by which impacts of
the project would be reduced to less than significant levels. The applicant submitted an Air
Quality Impact Study, prepared by WZl, Inc. The Study recommends mitigation measures
that reduce impacts associated with construction activities, fugitive dust emissions, and
mobile source emissions to less than significant levels (see Condition Nos. 35 through 38 of
Exhibit "A"). The developer has agreed to the mitigation measures. The Study also
determined cumulative air quality impacts to be less than significant.
In response to the appellant's concerns with traffic congestion, congestion on Highway 178
would exceed acceptable levels only if the approved tracts in the Highway 178 area, east of
Highway 184 were all built out today under present-day road conditions. However, tracts are
built out over a number of years, with each project paying for its proportional share through
the Transportation Impact Fee program for funding the widening of Highway 178. Public
Works Department reports that the widening of Highway 178, near Highway 184 will be
scheduled in a timely manner to meet future growth needs. The applicant has agreed to
Condition No. 33, which requires phasing the construction of widening the tract's frontage
along Highway 178. In addition, the Public Works Department is proposing advance
planning in the upcoming 2003-04 fiscal year budget as a first step toward construction of
Highway 178 as a freeway on the adopted Specific Plan Line. This would include Project
Study Reports on the interchanges at Masterson, Vineland and Alfred Harrell Highway.
Pursuant to Subdivision Map Act Section 66474.2, in determining whether to approve or
disapprove the map, a local agency may only apply the ordinances, policies, and standards
in effect on December 16, 2002.
Conclusion.
Based on the above information, Staff recommends the Council uphold the Planning
Commission's decision to approve the tract with conditions and mitigation measures, which
have been agreed to by the applicant, adopt the Negative Declaration, and to deny the
appeal.
JE
(Adm in~m ay\5 - 14-6149)
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Hearings
ITEM: 4. 4,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
May 8, 2003
APPROVED
DEPARTMENT HEAD~[,~
CITYATFORNEY ~/'~-~'
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanae 02-0641 (Ward 6)
David Milazzo is requesting an amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan changing the land use designation from HMR (High Medium Density
Residential) to GC (General Commercial) and an amendment to the Zoning Ordinance changing
the zoning from R-2 (Limited Multiple-Family Dwelling) to C-2 (Regional Commercial) or more
restrictive zoning on 15.43 acres located along the northwest corner of Stine Road and Panama
Lane.
Resolution approving the Negative Declaration and upholding the Planning Commission
recommendation to deny the General Plan Amendment changing the land use designations from
HMR to GC.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration and disapproving
the General Plan Amendment.
BACKGROUND:
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change on March 17 and 20, 2003. A quorum of four planning commissioners voted on the
project, and by a two to two vote the project was "denied by operation of law".
Staff recommended denial of the request based primarily on the amount of vacant commercial land
available at this intersection. At the intersection of Stine Road and Panama lane, there are three
existing corners designated for commercial development. The northeast and southeast corners
are undeveloped. There is a general plan policy which encourages the separation of new
commercial sites from existing commercial sites by one-half mile. This project is inconsistent with
that general plan policy. The Kern Schools Federal Credit Union is located on southwest corner.
The Stine Road frontage portion of the southwest corner is undeveloped. If approved the amount
of commercial acreage (42 acres) at this intersection would exceed the size of the "Marketplace"
(33.43 Acres) commercial center by 8.57 acres.
On March 25, 2003, an appeal of the denial was filed by the applicant. Applicant's appeal is based
upon a quorum of four Planning Commissioners resulting in a two to two tie vote.
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Hearings
ITEM: ~, cL,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 22, 2003
AEPRI~ED
DEPARTMENT HEAD/'/~
CITY ATTORNEY 7P~'
/
CITY MANAGER /~
General Plan Amendment/Zone Chanae No. 02-1144 (Ward 3)
Dave Dmohowski has proposed a General Plan Amendment and an ordinance amendment for
20.70 acres located approximately one-half mile south of State Route-178 along the east side of
Miramonte Drive (extended).
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change the land use designation from LMR (Low Medium Density
Residential) to LR (Low Density Residential) on 20.70 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 105-15 from R-2 (Limited Multiple Family Dwelling) to R-1
(One Family Dwelling) on 20.70 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
General Plan Amendment and first reading of the Ordinance.
BACKGROUND:
Applicant proposes to develop the 20.70 acre site with 41 residential lots ranging in size from
10,341 square feet to 27,792 square feet. The Planning Commission approved theses 41
residential lots by Vesting Tentative Tract 6160 on January 16, 2003.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on March 20, 2003. The Commission had
concerns of traffic congestion and safety at the intersection of Miramonte Drive and State
Route178 and recommended a condition requiring the applicant pay a pro-rata share of the
traffic signal installation cost at such intersection.
RED
Admin\5-14-1144
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Hearings
ITEM: q, ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 6, 2003
~AP-~PRq,VED
CITY MANAGER
General Plan Amendment No. 02-1158 (Ward 5)
Castle & Cooke is requesting a General Plan Amendment changing the land use designation
on 28,794 square feet from OS-P (Open Space-Parks and Recreational Facilities) to LR (Low
Density Residential) on 14 lots located within Tentative Tract 6150 and 3 lots located within
Tentative Tract 6151 generally located between Ming Avenue, White Lane, Buena Vista Road
and Allen Road.
Resolution approving the Negative Declaration and approving the General Plan Amendment to
change the land use designation from OS-P to LR.
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Notice of Exemption and approving
the General Plan Amendment.
BACKGROUND:
The project consists of minor adjustments to land located around the golf course that add a little
land to each of 14 residential lots adjacent to the golf course. This GPA will add 28,794 square
feet of existing OS-P designated land to existing LR designated land. Existing OS-P land is a
golf course. The square footage will be added to 11 proposed lots within the boundaries of
Tentative Tract 6150 and 3 proposed lots in Tentative Tract 6151 creating slightly larger lots.
The number of lots within the tentative tracts will not increase.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on March 20, 2003.
RED:pjt
Admin\5-14-1158
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003 AGENDA SECTION: Hearings
ITEM: c~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Cour~cil
Development Services - Planning
April 10, 2003
General Plan Amendment/Zone Chanqe 02-124R
AP~OROVED
DEPARTMENT HEAD
CITY ATTORNEY
/
CITY MANAGER
(Ward 4)
Porter-Robertson Engineering has proposed a General Plan Amendment and an ordinance
amendment for 89.31 acres, located along the west side of Allen Road, north of Noriega Road.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designation from R-IA (Resource-Intensive Agriculture) to LR
(Suburban Residential) on 89.31 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 10-1-14 from A (Agriculture) to R-1 (One Family Dwelling) zone on
89.31 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment and first reading of the Ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of single family residential
units. The Planning Commission conducted public hearing(s) on this General Plan
Amendment/Zone Change and recommended City Council approval on April 3, 2003. The
Planning Commission had Air Quality impact concerns based on the number of lots for the project
site. The applicant demonstrated to the Commission that with added conditions, those air quality
impacts could be reduced to levels less than significant. No one was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
February 18, 2003, in accordance with CEQA.
MO
Admin\5-14-1248
ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2003
AGENDA SECTION: Hearings
ITEM: q' 9'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 23, 2003
SUBJECT: General Plan Amendment No. 03-0012 (Ward 7)
David Dmohowski with ProjectDesign Consultants has proposed to amend the Land Use
Element of the Metropolitan Bakersfield located adjacent on the northside of Berkshire
Road, between South H Street and Monitor Street. The project site is currently zoned for
R-1 (One Family Dwelling) development.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from SR (Suburban Residential) to LR (Low Density
Residential) on 19.57 acres.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The project is proposing to change the land use designation from Suburban Residential (SR) to Low
Density Residential (LR). The Suburban Residential land use designation allows four (4) or less
dwelling units per net acre. The project site is currently zoned for R-1 (One Family Dwelling)
development. The R-1 zone allows 7.26 or less dwelling units per net acre. The purpose of the
project is to provide a land use designation that is consistent with the existing R-1 zone regarding
residential density. The Low Density Residential land use designation and 'the R-1 zone are
consistent regarding residential density. The Planning Commission conducted public hearing(s) on
this General Plan Amendment and recommended City Council approval on March 20, 2003.
The project site is surrounded by existing single family residences developed to LR/R-1 standards,
except for the property located adjacent to the west which is vacant (14 acres) and designated and
zoned for Light Industrial/Light Manufacturing development. Further west, at the northeast corner
of South H Street and Berkshire Road, the property is designated and zoned for Service
Industrial/General Manufacturing land use and contains a vacant packing plant. If new Light
Industrial/Light Manufacturing development is ever proposed on the adjacent property to the west,
the Zoning Ordinance would require construction of a 6 foot high masonry wall to separate the land
uses. The issue of potential land use conflicts between the two properties is negligible since the
project site is already designated and zoned for residential development.
ADMINISTRATIVE REPORT
Page2
Since the project site is currently zoned for R-1 (One Family Dwelling) development, the proposal
is appropriate for the site. The property to the north, south, and east has been developed to LR/R-
1 standards. The residential density proposed under the project would be consistent with the
residential development that has occurred in the area. There is no issue with the industrial land
use designation to the west. The project site is already designated for residential development.
The proposal would only increase the residential density consistent with the existing zoning. If new
light industrial (LI/M-1) development is ever proposed on the adjacent property to the west, the
Zoning Ordinance would require a 6 foot high masonry wall to separate the land uses. The
Planning Commission is recommending approval of the project.
WC
Admin\5-28-0012
ADMINISTRATIVE REPORT
IMEETING DATE: May 14, 2003
AGENDA SECTION:
IITEM: 10. 0~.
Reports
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
April 30, 2003
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Report No.1-03 of the Ad Hoc Committee on Crime, Weapons, Gang Violence and
Community Relations regarding a Community Action Plan
RECOMMENDATION: The Committee recommends acceptance of the Report.
BACKGROUND: In August 1999, Councilmember Irma Carson, serving as Vice-Mayor, requested City
Council support to establish an Ad Hoc Committee to address Community concerns about gang violence
and crime. The City Council shared the vision and approved the formation of the Ad Hoc Committee on
Crime, Weapons, Gang Violence and Community Relations.
Over the past three years, the Ad Hoc Committee on Crime, Weapons, Gang Violence and Community
Relations, City residents and youth have been engaged in a planning process to develop a guide that
outlines ways in which the City of Bakersfield, its agents - elected officials, educators, youth serving
agencies, and the community - at large - can effectively address and meet the needs of Bakersfield youth
to eliminate crime, weapons, gang violence and improve community relations. The findings and
recommendations are outlined in pages 7 - 10 in the attached Community Action Plan.
The Committee charges the entire community to remove from City neighborhoods this oppression by and
influence of gangs, their indiscriminate violence and intimidation. The City's youth deserve a future free of
this destructive influence. Further, more work must be done to protect those who have the courage to
stand up and testify against those whose criminal activities imperil all youth and families.
The Committee urges creation of economic development sufficient to allow the City's youth to dream of a
future in a career, rather than a gang. The crime reduction statistics prove that the Committee in
partnership with local law enforcement have turned the tide, and are winning the war. Citizens must
remain vigilant and speak with one voice in no longer tolerating this destructive influence in the
community.
May 2, 2003, 11:10AM
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