HomeMy WebLinkAbout11/05/2003 AGENDA PACKET•
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 31, 2003
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOHN W. STINSOMISTANT CITY MANAGER
THROUGH: ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS - NOVEMBER 5, 2003 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
nem ac. mrsr heaging or urainance amending the Downtown Redevelopment Plan This Amendment
will eliminate the time limit on the incurrence of debt for the Downtown Redevelopment Project Area. In
1994, several deadlines, tax increment bonding and dollar limitation restrictions for redevelopment
agencies were enacted under AB1290. Additional legislation, which was effective in 2002 under SB 211,
provided for redevelopment agencies to have the ability to eliminate the deadline for debt incurrence
and/or to lengthen the deadline for the receipt of tax increment by 10 years.
SB 211 provides agencies a simplified method through an ordinance adoption process without a formal
plan amendment or public hearing. Extending the debt deadline through this process will only trigger
new mandatory pass through payments to other taxing authorities. The new payments should not impact
our current outstanding obligations and any new obligations we consider would be figured net of these
required pass through payments.
The total new pass through payments to other taxing agencies would go into effect if we extend the debt
incurrence time limit and have been estimated at $3,379,356, leaving the remaining tax increment to the
Agency throughout the life of the Downtown Redevelopment Plan estimated at $13,308,274. This action
was approved by the Bakersfield Redevelopment Agency at their October 13, 2003 meeting.
or 5aie or Lease of Property. At its meeting of October 20, 2003, the Legislative and Litigation
Committee reviewed a staff proposal to repeal Bakersfield Municipal Code Section 2.24.023 which
relates to the approval of sale or lease of property.
The California Health and Safety Code requires the City Council to conduct a public hearing and adopt a
resolution approving any sale or lease of real property which has been acquired by a redevelopment
agency directly or indirectly with tax increment monies. That statute authorizes a legislative body to
require a 2/3 vote to adopt such a resolution, if the legislative body adopts an ordinance containing that
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 5, 2003
PAGE 2
super-majority requirement. The City Council adopted such an ordinance in 1987. It means that 2/3 of
the entire Council (5 members), not 2/3 of the Council members present at the meeting, must vote
affirmatively before the redevelopment agency can sell or lease its property. So, in the event that three
Council members are absent or have conflicts of interest, the sale or lease of property could not be
approved.
Normally the Agency only acquires property as a "middleman" in a transaction with a developer. The
current ordinance imposes a substantial risk in that regard. The City buys property on a simple majority
vote. We enter into development agreements on a single majority vote. The City could, therefore, intend
to buy a property for the sole purpose of selling it to a developer. Through a development agreement,
we could even be contractually obligated to do so. If the vote was 4-3, however, the City would buy the
property but, because of the current ordinance, not be able to sell it. In short, the City would have the
expense but not the revenue and could be in breach of a contract. This is an unnecessary risk that the
City should not be taking.
Resolutions:
Item be. Aumonzation to Apply for 2002 Resource Bond Act Funds The City will receive funds from
Proposition 40 in the form of a Per Capita Grant Program Allocation in the amount of $1,021,000, and
Roberti-Z'Berg-Harris Block Grant Allocation in the amount of $628,356, for a total of $1,649,356. These
types of funds are allocated to cities, counties, and park and recreation districts on a population-based
formula. In order for the State to encumber these funds, they are requiring the City to submit resolutions.
Staff is recommending these funds be used for repairs and renovation at various pools.
(Year 2004 to 2014) The Recycling Market Development Zone program is a State incentive program
that makes assistance available to recycling businesses. Once a zone is designated, assistance in the
form of State-funded low-interest loans, engineering and technical assistance are available to businesses
located within the zone. In 1993, Kern County, 11 incorporated cities within the County, and the City of
Lancaster applied for and received such designation. That designation will expire in March 2004. Kern
County is the lead agency and will process the renewal application.
veuartrnem rresentanons Tor uanuarv tnrougn December 2004 There will be two schedul
per month with the exception of August and December, when there will only be one meeting.
Item 8m. Brimhall Planned Sewer Area. A sewer trunkline was constructed in Brimhall Road, west of
Allen Road. Council is asked to approve a resolution approving the boundaries of the area, the cost of
the improvements and the assessment fee schedule. Council is also asked to approve an ordinance
adding the Brimhall Planned Sewer Area to the list of sewer areas for which developers and residents
are charged at time of development or connection to pay the cost of constructing the sewer facilities.
Agreements:
The Kern Delta Water District (Kern Delta) owns and operates several unlined canal systems within the
City. Losses occur because the seepage water works its way to the aquifer. The City and Cal Water
pump domestic water to thousands of customers from the aquifers. This agreement provides for a pilot
program whereby the City and Cal Water become customers of Kern Delta to purchase the seepage
losses. This program will help insure the continued availability of high quality Kern River water, and
assures that water will be diverted to the various canals even during the driest periods. This agreement
is for a period of five years, with successive one-year terms thereafter.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 5, 2003
PAGE 3
Service. The purpose of this agreement is to have a contract with the Federal Government (Sequoia
National Forest Service) for mutual aid and for "reimbursement' fires. If the City's Fire Department's
resources are requested from a Federal agency and they respond, this agreement would allow for
reimbursement of costs. This agreement also formalizes the current mutual aid arrangement with the
Forest Service for responses in the Rio Bravo / mouth of the canyon area.
of Berkshire Road. Conditions for development of this tract require the subdivider to acquire off-site
right-of-way interests. Lengthy negotiations between the subdivider and the owners of the adjoining
properties were not successful. The subdivider requested the City's assistance in acquiring the
necessary off-site right-of-way interests. All costs will be borne by the subdivider, who has made an
initial deposit with the City to cover these expenses. In the event City staff is unable to acquire the
rights-of-way by negotiation, staff may return to Council at a future meeting with a recommendation to
adopt a Resolution of Necessity authorizing a condemnation action be filed to complete the acquisition.
oeveraue concession Dusiness at the Hauatlc and ice Center Complex In anticipation of the opening of
the Ice Sports Center and Aquatic Center, staff recommends approval of an agreement with ESC
Enterprises to operate the food and beverage concession business. On all sales of food and beverages,
the City shall receive 15% in year one of gross concession receipts, and 20% in years two through five.
Esc Enterprises is a local food service business.
During the construction of the project, several items were found that needed to be either corrected or
modified that the contractor has agreed to do for an additional $25,189.19. All items are detailed in the
administrative report.
Also during construction, staff identified simplified and more economical methods to perform interior
framing on interior walls and installation of a roofing system for which the contractor has agreed to credit
the City a total amount of $30,122.00. The net credit to the City for this change order is $4,932.81.
The net savings to date for this contract is $30,400.83.
411 b. /Z4.Zb (Tor a revisea total amount of $416,114.26) for the Baker Street Streetscape Protect This
change order provides for the installation of an automated irrigation system for the potted tree planters
being placed on Baker Street in areas where there are basements in the adjacent buildings which
prevent in-ground installation as part of the Streetscape project. This irrigation system will provide
controlled watering to the new trees and plants within these planters. The Contractor has agreed to
install this irrigation system for the lump sum price of $15,724.26.
Bids:
Item 8u. Award Contract to FS3 for Two Replacement Holmatro Rescue Tools for the Fire Department
in the amount of $47.254.35. Three acceptable bids were received. Staff recommends award to FS3.
Miscellaneous:
Item 8v. Professional Services and Pre-development Analysis related to the Old Town Kern and City
Walk Mixed Use Projects. Improvements planned for as part of the Baker Street and City Walk Mixed
Use Projects require the appropriation of funds to pay for real property appraisals, and various state and
federal required studies. This item appropriates the necessary redevelopment funds for this purpose.
Staff will be contracting with appraisers and consultants as needed to perform the work required. The
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 5, 2003
PAGE 4
majority of the funds will be used for real property appraisals as needed for these projects. The pre-
development analysis and studies are needed to comply with state and federal requirements for the
housing projects proposed.
CLOSED SESSION:
There are three conferences with legal counsel. The first is in regard to anticipated litigation; the second,
potential litigation; and the third, existing litigation.
CONTINUATION OF REGULAR MEETING - 7.00 P.M.
Following the Roll Call, there will be an introduction of the Student Body Representatives
participating in the 491h consecutive "Teen City Government Day." The students will sit with
Council beginning at 7:00 to no later than 8:00 p.m. when a recess will be called so that they can
be excused.
HEARINGS
Item 9a. General Plan Amendment/Zone Change for 40 Acres Located Generally South of McKee Road
between Wible Road and State Highwav 99 This amendment to the General Plan would permit the
development of single- and multi-family residential units. The Planning Commission recommends City
Council. The applicant agreed to all conditions and mitigation for the project.
Progress Road and Panama Lane. The applicant requested a GPA from GC (General Commercial) to
LR (Low Density Residential) and a zone change from C-1 (Neighborhood Commercial) to R-1 (Limited
Multiple-Family Dwelling) or more restrictive zoning on 5.00 acres. The subject site is located within an
area designated and zoned for agricultural, residential and industrial development. East of the site is
240 acres of undeveloped land designated SI and zoned M-2. Southeast of the site are two 9.87 acre
parcels (19.74 acres, County jurisdiction), which are developed to a concrete batch plant and an asphalt
batch plant.
Staff recommended denial to the Planning Commission because of concerns regarding the potential
incompatibility between future residential uses and the existing concrete and asphalt batch plants. The
Commission agreed and recommended disapproval based on concerns that if the site is developed to
residences, such development would be adversely impacted by activities from the two batch plants,
which could include dust, fumes, noise, potential odor, and employee and heavy truck traffic.
Community Group. Inc. The City Council continued the public hearing for this appeal from Sept
10, 2003 to October 8, 2003 and November 5, 2003 at the request of Sage Community Group, Inc.
Staff recommends the Council uphold and modify the Planning Commission's decision to approve the
tract with conditions and mitigation measures, adopt the Negative Declaration, and to deny the appeals
by the Sierra Club and Sage Community.
HONORABLE MAYOR AND CITY COUNCIL
NOVEMBER 5, 2003
PAGE 5
Denying the Appeal by the Sierra Club. The City Council continued the public hearing for this appeal
from October 8, 2003 to November 5, 2003 at the request of the applicant pursuant to a request by the
appellant in an attempt to obtain an agreement. Staff recommends adoption of the resolution upholding
the Planning Commission's decision approving the Negative Declaration and Vesting Tentative Tract
map, and denying the appeal.
,statewlge Lommunlties Uevelooment Authority (TEFRA). Social Urban Village, Inc. (SUV), a California
non-profit corporation, is working with the California Statewide Communities Development Authority
(CSCDA) to obtain financial assistance through the issuance of tax-exempt Multi-Family Housing
Revenue Bonds. SUV is requesting these housing revenue bonds to finance the acquisition and
rehabilitation of a total of 408 existing multi-family apartments located near West Columbus, "O" and "Q"
Streets. None of the City's funds will be pledged for the repayment of the bonds.
CSCDA is requesting that this hearing be continued to the Council meeting of December 10, 2003.
AT:JW S:al
cc: Department Heads
City Clerk's Office
News Media File
A BAKERSFIELD CITY COUNCIL
%Ij AGENDA
~ MEETING OF NOVEMBER 5, 2003
R Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. CONSENT CALENDAR
Minutes:
a. Approval of minutes of Regular Council meeting of October 22 2003.
Payments:
b. Approval of department payments from October 10, 2003 to October 23, 2003 in the
amount of $5,457,399.39 and self insurance payments from October 10, 2003 to
October 23, 2003 in the amount of $411,501.40.
Ordinances:
C. First Reading of Ordinance amending the Downtown Redevelopment Plan to eliminate
the time limit on the incurrence of debt for the Downtown Redevelopment Project Area
pursuant to Health and Safety Code Section 33333.6.
d. First Reading of Ordinance repealing Section 2.24.023 of the Municipal Code relating
to the approval of sale or lease of property.
Resolutions:
e. Authorization to apply for 2002 Resource Bond Act funds:
Resolution approving the applicant to apply for grant funds for the Per Capita
Grant Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002.
2. Resolution approving the applicant to apply for grant funds for the Roberti-
Z'Berg-Harris Block Grant Program under the California Clean Water, Clean
Air, Safe Neighborhood Parks and Coastal Protection Act of 2002.
(Wards 4,5)
Resolution levying amended assessment amounts for parcels located in Assessment
District 03-2 (Buena Vista Ranch/Belsera II/Montara II/Oliver Park II).
Resolution supporting renewal of the Recycling Market Development Zone No. 26
Program (Year 2004 to 2014).
(Ward 4)
h. Resolution adding territory, Area 1-35 (Jewetta, Meacham West) 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.
3. CONSENT CALENDAR continued
(ward 4) i. Resolution adding territory, Area 1-42 (Olive, Old Farm 4) 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 6) j. Resolution of Intention No. 1318 to add territory, Area 3-24 (Panama, Stine SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
k. Resolution setting the dates of Regular City Council Meetings, Budget Hearings and
Department Presentations for January through December 2004.
Amendment No. 9 to Resolution No. 122-01 setting salaries and related benefits for
Officers and Employees of the General Supervisory, Police Supervisory and
Management Units; and, adopting salary schedule and related benefits for City
Attorney.
(Ward 4) M. Brimhall Planned Sewer Area:
Resolution of Intention No. 1317 to establish the Brimhall Planned Sewer Area
and preliminarily approving the boundaries of the area and the cost and fee
schedule.
2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code
relating to Sewer Facilities.
Agreements:
n. Agreement with Kern Delta Water District to purchase seepage losses in unlined
canals.
(Ward 3) o. Cooperative Fire Protection Agreement with the Sequoia National Forest Service,
USDA Forest Service.
(Ward 7) p. Agreement to secure construction of improvements and guaranteeing payment for
acquiring off-site real property interests for Vesting Tentative Tract Map No. 6141;
appropriate $20,000.00 developer share project cost to the City Attorney's operating
budget within the general fund to cover costs associated with eminent domain
proceedings for Vesting Tentative Tract Map No. 6141.
(Ward 2) q. Agreement with ESC Enterprises to grant sole and exclusive right to operate the food
and beverage concession business at the Aquatic Center and Ice Center.
r. Amendment No. 5 to Agreement No. 98-222 with HTE, Inc. ($158,905.35) for service
support of licensed software.
(Ward 2) s. Contract Change Order No. 3 to Agreement No. 03-018 with S. C. Anderson Inc. for
total credit of $4,932.81 (for a revised contract amount of $5,459,599.17) for the
Bakersfield Ice Center Project.
3.
(Ward 2)
(Wards 1,2)
CONSENT CALENDAR continued
Contract Change Order No.
$15,724.26 (for a revisec
Streetscape Project.
Bids
1 to Agreement No. 03-101 with Elite Landscaping Inc. for
total amount of $416,114.26) for the Baker Street
U. Accept bid from FS3 ($47,254.35) for two (2) replacement Holmatro Rescue Tools for
the Fire Department.
Miscellaneous
V. Appropriate funds for pre-development analysis and appraisals - Baker Street and City
Walk Mixed Use Projects.
Appropriate $50,000.00 Old Town Kern Housing Fund balance to the Economic
and Community Development Department Operating Budget for professional
services and pre-development analysis for the Baker Street Mixed Use Project.
2. Appropriate $50,000.00 Southeast Project Area Housing Fund balance to the
Economic and Community Development Department Operating Budget for
professional services and pre-development analysis forthe Citywalk Mixed Use
Project.
3.
W. Upgrade Police Lieutenant position to Police Captain position.
Staff recommends adoption of Consent Calendar items a through w.
CLOSED SESSION
a. Conference with Legal Counsel - Anticipated Litigation; Closed Session pursuant to
subdivision (b)(3)(d) of Government Code Section 54956.9. One (1) potential case.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. One (1) potential case.
C. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9. City v. Kern Delta Water
District; Ventura County Superior Court Case No. CIV 222119.
REGULAR MEETING - 7:00 p.m.
INVOCATION by Pastor Billy J. Rash, Kern Christian Center.
2. PLEDGE OF ALLEGIANCE National Anthem by Daisy Sanchez, Sophomore at Bakersfield
College.
3. ROLL CALL
a. Introduction of Student Body Representatives participating in the 491h consecutive
"Teen City Government Day."
4. CLOSED SESSION ACTION
5. PRESENTATIONS
6. PUBLIC STATEMENTS
7. APPOINTMENTS
8. CONSENT CALENDAR - see items at 5:15 pm portion of the meeting.
9. HEARINGS
Staff comments by Development Services Director Jack Hardisty on items 9. a.-d.
(ward 7) a. General Plan Amendment/Zone Change 03-0341; Floyd Hinesley has proposed a
General Plan Amendment for 40 acres located generally south of McKee Road, between
Wible Road and State Highway 99.
1. Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designation from R-1A (Resource-Intensive
Agriculture) to HMR (High Medium Density Residential) on 15.36 acres and from
ER (Estate Residential) to HMR on 3.75 acres and from R-1 A to LR (Low Density
Residential) on 20 acres.
2. Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-36 from A (Agriculture) to an R-2
(Limited Multiple Family Dwelling) zone on 19.11 acres and to an R-1 (One
Family Dwelling) zone on 20 acres.
Staff recommends adoption of the resolution approving the Negative Declaration and general
plan amendment and give first reading to the ordinance.
(ward 4) b. General Plan Amendment/Zone Change 03-0764; McMillan Albany, LLC has proposed
a General Plan Amendment on 5 + acres located along the northwest corner of Progress
Road and Panama Lane.
Resolution approving the Mitigated Negative Declaration, upholding the Planning
Commission's disapproval of the requested LR (Low Density Residential) and
denying the appeal for a LR land use designation.
2. Resolution adopting the Negative Declaration, upholding the Planning
Commission's disapproval of the requested R-1 (One Family Dwelling) and
denying the appeal for a R-1 zone.
Staff recommends adoption of resolutions.
9. HEARINGS continued
(ward 3) c. Resolution upholding and modifying the decision of the Planning Commission approving
Vesting Tentative Tract Map 6148 located on the east side of Alfred Harrell Highway,
south of the Kern River Golf Course and the Mitigated Negative Declaration, denying the
appeals by the Sierra Club and Sage Community Group, Inc.
Staff recommends adoption of resolution upholding and modifying the Planning Commission's
decision approving the Negative Declaration and Vesting Tentative Tract Map 6148 and denying
the appeals.
(ward 3) d. Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract Map 6191 and the Negative Declaration, denying the appeal by the
Sierra Club (Ralph W. Miller, Trustee) located on the south side of Paladino Drive, west
of Morning Drive.
Staff recommends adoption of resolution upholding the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6191 and denying the
appeal.
(Ward 3) e. Resolution approving the issuance of Multi-family Housing Revenue Bonds (not to
exceed $30,000,000.00) by the California Statewide Communities Development
Authority (TEFRA).
Staff recommends continuation of hearing to December 10, 2003 meeting.
10. REPORTS
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCIL AND MAYOR STATEMENTS
14. ADJOURNMENT
Respectfully \submitted,
pe n
Alan Tandy
City Manager
pl
10/30/03 1:04 pm
(1) ADMINISTRATIVE REPORT
MEETING DATE: November 5, 20021, AGENDA SECTION: Consent Calendar
ITEM: A p
TO: Honorable Mayor and City Council
FROM: Pamela McCarthy, City Cle
DATE: October 24, 2003
APPROVED
DEPARTMENT HEAD~_
CITY ATTORNEY
CITY MANAGER_CQjf
2_
SUBJECT: Approval of minutes of the October 22, 2003 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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ADMINISTRATIVE REPORT
(1)
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: r~ b.
TO: Honorable Mayor and City Council
FROM: Gregory J. Klimko, Finance Director
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTOR Y
CITY MANAGER
SUBJECT: Approval of department payments from October 10, 2003 to October 23, 2003 in the
amount of $5,457,399.29 and self insurance payments from October 10, 2003 to
October 23, 2003 in the amount of $411,501.40.
RECOMMENDATION:
Staff recommends approval of payments totaling $5,868,900.69.
BACKGROUND:
klg
October 23, 2003, 2:47PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 I AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: October 24, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT: First Reading of an Ordinance amending the Downtown Redevelopment Plan in order to
eliminate the time limit on the incurrence of debt for the Downtown Redevelopment Project
Area pursuant to Health and Safety Code Section 33333.6. (WARDS All)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
In 1994, several deadlines and tax increment bonding and dollar limitation restrictions for redevelopment
agencies were enacted under AB1290. Additional legislation, which was effective in 2002 under SB 211
provided for redevelopment agencies the ability to eliminate the deadline for debt incurrence and/or to
lengthen the deadline for the receipt of tax increment by 10 years.
Changing many of these deadlines and dollar limits under AB 1290 or SB 211 resulted in new restrictions
being placed on agencies. For example, under SB 211 lengthening the deadline for the receipt of tax
increment is allowed for an additional 10 years, but in order to obtain the additional 10 years for receipt of
funds, an agency must go through a formal plan amendment process with state oversight, the required
20% housing set aside is increased immediately to 30% and statutory pass through payments to other
taxing authorities are required. Amending an older redevelopment plan in this manner might actually end
up resulting in a lower amount of tax increment available to an agency to service its existing debt because
of the additional 30% set aside requirement to the low and moderate housing fund. However, SB 211 also
provides agencies a more simplified way to extend only its debt incurrence deadline by 10 years through
an ordinance adoption process without a formal plan amendment or public hearing and without increasing
its housing set aside contribution beyond the existing mandatory 20%. Extending the debt deadline
through this process will only trigger new mandatory pass through payments to other taxing authorities.
If a Redevelopment Agency elects to go this route, the new required pass through payments to other
taxing entities are required to be calculated on the increased tax increment from a newly established base
year. In the case of the Downtown Redevelopment Plan, this new base year would be 2004. If assessed
valuations were to decline below the 2004 base year level, the Agency would not be obligated for any
pass through payments. If valuations continue to increase, the pass through payments would be
calculated on the adjusted new increment generated above the 2004 base year. The new payments
should not impact our current outstanding obligations and any new obligations we consider would be
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ADMINISTRATIVE REPORT Page 2
figured net of these required pass through payments. The pass through payments would be required to
be paid annually throughout the remaining life of our Downtown Redevelopment Plan until 2029/2030.
Attached to the administrative report is an analysis to determine the potential tax increment that would be
generated over the life of our Downtown Plan beginning FY 2003 until FY 2023, the last year the 1974
Amendment is eligible to receive increment. Our Agency will continue to receive a lesser amount of tax
increment through 2028-2029, but additional detailed information is required to analyze those years and it
is not available from Kern County by sub-area. The table indicates that we could potentially receive
adjusted net tax increment of $39,700,268. Staff used a modest 3% growth of our assessment for
valuation purposes in determining the tax increment calculation. There is currently a total COP obligation
of $22,800,000 and other development OPA reimbursement agreements of $116,360. The total new pass
through payments to other taxing agencies would go into effect if we extend the debt incurrence time limit
and have been estimated at $3,379,356, leaving the remaining tax increment to the Agency throughout the
life of the Downtown Redevelopment Plan estimated at $13,308,274. This is a rather significant amount of
tax increment that could be bonded or used to collateralize loans, commercial notes and OPA
reimbursement agreement obligations for downtown projects over the next 20 years.
It appears from our analysis that extending the time limit for issuing debt for the Downtown redevelopment
plan makes good sense. By adopting the ordinance, the Redevelopment Agency and City Council will
have the opportunity to continue to meet the goals and objectives as established in the Downtown
implementation plan to promote the economic revitalization of the project area, eliminate and prevent the
spread of blight, provide a broad range of public service infrastructure improvements to induce private
investment and improve housing opportunities for low and moderate income persons.
The Bakersfield Redevelopment Agency approved a resolution requesting that the City of Bakersfield
amend the Downtown Redevelopment Plan at their October 13, 2003 meeting.
Based on this analysis, staff recommendation is to extend the debt incurrence deadline by Ordinance
before the January 2004 deadline.
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ADMINISTRATIVE REPORT
B FIFO
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: 2 I
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: October 27, 2003 CITY ATTORNEY
CITY MANAGER 67-5
SUBJECT: An Ordinance Repealing Section 2.24.023 of the Bakersfield Municipal Code Relating to
the Approval of Sale or Lease of Property.
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of the Ordinance.
BACKGROUND:
At its meeting of October 20, 2003, the Legislative and Litigation Committee reviewed a staff proposal
to repeal Bakersfield Municipal Code Section 2.24.023 which relates to the approval of sale or lease of
property.
California Health and Safety Code Section 33433 requires the legislative body (City Council) to conduct
a public hearing and adopt a resolution approving any sale or lease of real property which has been
acquired by a redevelopment agency directly or indirectly with tax increment monies. That statute only
requires a simple majority to adopt such a resolution. However, the statute does authorize a legislative
body to require a 2/3 vote to adopt such a resolution, if the legislative body adopts an ordinance
containing that super-majority requirement. The City Council adopted such an ordinance in 1987. It
means that 2/3 of the entire Council (5 members), not 2/3 of the Council members present at the
meeting, must vote affirmatively before the redevelopment agency can sell or lease its property. So, in
the event that three Council members are absent or have conflicts of interest, the sale or lease of
property could not be approved.
Normally the Agency only acquires property as a "middleman" in a transaction with a developer. That
is, the Agency buys property and either simultaneously or after a period of time resells it to a developer.
Often there are three-party agreements. The current ordinance imposes a substantial risk in that
regard. The City buys property on a simple majority vote. We enter into development agreements on a
single majority vote. The City could, therefore, intend to buy a property for the sole purpose of selling it
to a developer. Through a development agreement, we could even be contractually obligated to do so.
If the vote was 4-3, however, the City would buy the property but, because of the current ordinance, not
be able to sell it. In short, the City would have the expense but not the revenue and could be in breach
of a contract. This is an unnecessary risk that the City should not be taking.
October 28, 2003, 11:21 AM
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ADMINISTRATIVE REPORT
(1)
Also, all other City-owned property--City Hall, the Police Station, etc.--can be sold on a simple majority
vote. Redevelopment property should have the same standard.
The Legislative and Litigation Committee recommends the repeal of Bakersfield Municipal Code
Section 2.24.023 which eliminates the super-majority vote requirement for approval of sale or lease of
property.
October 28, 2003, 11:21 AM
P:\L&L\Admin ReportsWDM03-11-05-SuperMajorityVote.doc
A
OF ~,wou ~
0
ADMINISTRATIVE REPORT
IFO,
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: 4t.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen
Interim Director of Recreation and Parks
October 15, 2003
Authorization to apply for 2002 Resource Bond Act funds:
APPROVED
DEPARTMENT HEAD,'
CITY ATTORNEY y~
CITY MANAGER
Resolution of the City Council of Bakersfield Approving the Applicant to Apply for
Grant Funds for the Per Capita Grant Program under the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.
2. Resolution of the City Council of Bakersfield Approving the Applicant to Apply for
Grant Funds for the Roberti-Z'Berg-Harris Block Grant Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of
2002.
RECOMMENDATION:
Staff recommends adoption of both resolutions.
BACKGROUND:
In March 5, 2002, California voters passed Proposition 40, the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002. This act provides $820 million for local
assistance grant funding to agencies such as the city of Bakersfield.
The State has notified the City that we will be receiving funds from Proposition 40 in the form of a per
capita and block grant allocation including the following:
Per Capita Grant Program Allocation $1,021,000
Roberti-Z'Berg-Harris Block Grant Allocation $ 628,356
Per Capita Grants and Roberti-Z'Berg-Harris Block Grant Program funds are allocated to cities, counties,
and park and recreation districts on a population-based formula. In order for the State to encumber these
funds, they are requiring the City to submit authorizing resolutions.
Staff is recommending that these grant funds be used for repairs and renovation at various city pools.
Specific projects will be identified in a Pool Renovation Plan, and provided to the Council. Pool
renovations will be discussed at the Community Services Committee meeting in November 2003.
kt
Oclober 20, 2003, 8:03AM
P: Ad m in p rop 40 pe rc a p. d oc
A
ADMINISTRATIVE REPORT
,o
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: -F
TO: Honorable Mayor and City Council
FROM: Gregory J. K11mko, Finance Director
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTOR Y
CITY MANAGER~_
SUBJECT: Resolution levying amended assessment amounts for parcels located in City of
Bakersfield Assessment District 03-2 (Buena Vista Ranch / Belsera If / Montara II /
Oliver Park II).
RECOMMENDATION:
Staff recommends adopting resolution.
BACKGROUND:
On August 27, 2003, Council approved the Resolution 156-03 levying assessments of unpaid
principal for parcels within the boundaries of the City of Bakersfield Assessment District 03-2
(Buena Vista Ranch / Belsera II / Montara II / Oliver Park II). The original levied assessments
were established at $3,155,000.
Subsequent to the adoption of Resolution 156-03, the actual amount of bonds issued for the
district was $3,045,000 ($110,000 less than originally estimated). Savings resulted from
favorable bond interest rates and timing adjustments associated with the bond issuance process.
This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount
for the various parcels within the assessment district, as detailed in Exhibit A to this resolution.
The amended levy amounts are lower than the original levy amounts and they more accurately
reflect the actual amount of unpaid principal bonds outstanding.
nks
October 23, 2003, 11:23AM
SAKimG\Fonns & LablesWdmin-Assm0st03-2 amended assmt amt.doc
ADMINISTRATIVE REPORT
(1)
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: A
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: A Resolution of the City of Bakersfield Supporting Renewal of the Recycling Market
Development Zone No. 26 Program (Year 2004 to 2014) (All Wards)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
In 1990, the Governor and Legislature of California enacted Senate Bill 2310 establishing the
California Market Development Zone. The purpose of the legislation was to stimulate the recycling of
post-consumer waste materials generated in California. The California Market Development Zone
program is a state incentive program that makes assistance available to recycling businesses. Once a
zone is designated, assistance in the form of state-funded low-interest loans, engineering and technical
assistance are available to businesses located within a zone.
In 1993, the County of Kern, 11 incorporated cities within the County of Kern (including Bakersfield) and
the City of Lancaster applied for and received such designation. That designation will expire in March
2004, unless the County and all the cities adopt resolutions to renew it by December, 2003.
The County of Kern is the lead agency, will process the renewal application and has prepared and
adopted a Negative Declaration pursuant to CEQA.
October 22, 2003, 12:54PM
S:\COU NCI L\Adm ins\recyclingma rketzone.doc
AK
OF ~mw..
ADMINISTRATIVE REPORT
~lFO
[MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: a K
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 23, 2003
SUBJECT: Resolution adding
Maintenance Distri
Director's Report <
Collector. (Ward 4)
APPROVED
DEPARTMENT HEAD,.
CITY ATTORNEY ~
CITY MANAGER~_
territory, Area 1-35 (Jewetta, Meacham West) to the Consolidated
at and confirming the assessments, approving the Public Works
nd authorizing collection of assessments by the Kern County Tax
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On October 22, 2003 the Council adopted Resolution of Intention No. 1293 to add
territory, Area 1-35 (Jewetta, Meacham West), 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. 5966. Area 1-35 is generally bounded
by a line 1600 feet north of Meacham Road on the north, Jewetta Avenue on the east, a line 1000 feet
south of Meacham Road on the south and Old Farm 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.
Lvd
October 17, 2003, 3:32PM
G:\GROUPDA-RADMINRFR20 0 311 1-051MD 1-35Est03.dot
OF~mw...e
ADMINISTRATIVE REPORT
BA ~fFO
MEETING DATE: November 5, 2003 I AGENDA SECTION: Consent Calendar
ITEM: C~ '
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD CITY ATTORNEY
CITY MANAGER c 1 lu7
SUBJECT: Resolution adding territory, Area 1-42 (Olive, Old Farm 4) 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 October 22, 2003 the Council adopted Resolution of Intention No. 1307 to add
territory, Area 1-42 (Olive, Old Farm 4), 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 Tracts No. 5829, Units 1 and 2 and 5831, Units 1 and 2. Area 1-42
consists of two parcels and is generally bounded by a line 800 feet south of Snow Road on the north,
Jewetta Avenue on the east, a line 1/4 mile south of Olive Drive on the south and Allen Road on the west.
This area will be under the streetscape zone of benefit and will be assigned street tier 1.
The tracts within this area were processed and recorded while in the unincorporated area. The owners
requested that these areas be included within County Service Area 71 for maintenance of street
landscaping. They signed Proposition 218 ballots agreeing to maximum assessments of $180 per single
family dwelling unit per year and met all requirements for inclusion in County Service Area 71. These
Tracts have now been annexed into the City. The City is now responsible for maintenance of street
landscaping in this area. The maximum allowable assessment for City parcels within this area is $125 per
single family dwelling (less than the $180 assessment the owners agreed to in the county). The current
City assessment per single family dwelling based on existing landscaping is $22.80.
LA
October 17, 2003, 11,13AM
G\GROUPDATW DMI NRPT\2003\11-05\MD 1-42EM03.dot
(1) ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: C2. i.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER~_
SUBJECT: Resolution of Intention No. 1318 to add
Consolidated Maintenance District and
Public Works Director's Report. (Ward 6)
territory, Area 3-24 (Panama, Stine SW) to the
preliminarily adopting, confirming and approving
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of
Assessor's Parcel 497-020-19 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of median and street landscaping. Area 3-24 is generally bounded by Panama Lane
on the north, Stine Road on the east, a line 1200 feet south of Panama Lane on the south and a line 635
feet west of Stine Road on the west. This area will be under the streetscape zone of benefit and will be
assigned an appropriate tier level when landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
Lvd
October 23, 2003, 10:44AM
GAGROUPDAT\ADMI NRPT120 0 311 1-0 51MD3-24Ri03.dot
ADMINISTRATIVE REPORT
(1)
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: 9 V
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
October 24, 2003
Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and
Department Presentations for January through December 2004.
APPROVED
DEPARTMENT HEAq__
CITY ATTORNEY
CITY MANAGER--CEAf,_
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
This Resolution sets the regular City Council Meetings, Budget Hearings and Department Budget
Presentations for 2004. Consideration was given to Spring Break and the Sister City Trip in April, and
League of California Cities conferences in scheduling the proposed dates.
All regular meetings will be held in the Council Chambers at 7:00 p.m. A Budget Hearing is scheduled for
June 9, 2004 at 7:00 p.m., with adoption of the Budget set for June 23, 2004.
Department Budget Presentations are scheduled for Monday, May 17`h and June 7u, at 12:00 Noon, and
May 26'h during the Workshop portion of the agenda beginning at 5:15 p.m.
There will be two scheduled meetings per month with the exception of August and December. Those
months will have only one meeting scheduled on August 25th and December 15t"
pmc
October 24, 2003. 2:17PM
S:\CounciRadmins120031MtgOates2004. dot
F ,F n
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 I AGENDA SECTION: Consent
ITEM: 01 , ,
TO: Honorable Mayor and City Council
FROM: Carroll Hayden, Human Resources Manager
DATE: October 27, 2003
„'X APPROVED
DEPARTMENT HEAD /47F
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 9 to Resolution No. 122-01 Setting Salaries and Related Benefits for
Officers and Employees of the General Supervisory, Police Supervisory and Management
Units and Adopting Salary Schedule and Related Benefits for City Attorney
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
This amendment is necessary to establish the pay rate for the City Attorney, whose contract was approved
on October 22, 2003.
October 27, 2003, 9:10AM
S:WDMINRP7Wmd 9 to Reso 122-01.dot
~<owur J
OF Ueo
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: { Yl
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_
DATE: October 23, 2003 CITY ATTORNEY YU
CITY MANAGER U w >
SUBJECT: Brimhall Planned Sewer Area (Ward 4)
1. Resolution of Intention No. 1317 to establish the Brimhall Planned Sewer Area and
preliminarily approving the boundaries of the area and the cost and fee schedule.
2. An Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the
Bakersfield Municipal Code relating to Sewer Facilities. (First Reading)
RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of
the ordinance.
BACKGROUND: The city has constructed a sewer trunkline in Brimhall Road west of Allen Road to
serve an area generally bounded by Hageman Road on the north, Allen Road on the east, Sunnybank
Avenue on the south and Rudd Road on the west. Sewer Enterprise funds were used to front the cost of
this project. These funds will be reimbursed as new developments and existing parcels within the area
connect to the sewer trunkline.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
This ordinance adds the Brimhall Planned Sewer Area to the list of Sewer Areas for which developers and
residents are charged at time of development or connection to pay the cost of constructing the sewer
facilities.
Ivd
October 23, 2003. 1:46PM
G:\GROUPDATIADMI NRPT\2003\11-05\Brimha11PSAroi. DOC
O~ ~ow..,p'QS
U~(y~ C
ADMINISTRATIVE REPORT
FIFO A
C ~Oir nI
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: A n
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
October 22, 2003
Customer Service Agreement with Kern Delta Water District to purchase seepage losses
in unlined canals. (All Wards)
APPROVED
DEPARTMENT HEAD-4~f_
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Kern Delta Water District (Kern Delta) owns and operates several canal systems within the City.
These canals are unlined, earthen water transportation facilities that move Kern River water though the
City to irrigated farmlands in Kern Delta. The City and California Water Service Company (Cal Water)
pump domestic water for delivery to thousands of customers from the underground aquifers that are fed
from the losses in the unlined canals. The City and Cal Water have over 75 water wells that benefit from
these losses because the seepage water works its way to the aquifer and helps maintain high quality and
water levels in the wells.
This agreement enters the parties into a pilot program whereby the City and Cal Water become customers
of Kern Delta and will purchase the canal seepage losses. This purchase program will help insure the
continued availability of high quality Kern River water to the City and Cal Water. In contrast to historic dry
years on the Kern River, this program assures water will be diverted to the various canals even during the
driest periods.
The water purchased under this agreement may be used to offset deficiencies in water supplies for future
growth and development in the southern portions of the City. The amount of water purchased annually will
vary, depending on the type of yield experienced on the Kern River, but will mimic historic diversions of
record. The agreement is for five years, ending December 31, 2008, with successive one year terms
thereafter.
fc
October 23, 2003, 8:46AM
S?2003 ADMIN RPTS\NO05WT1 CC.dot
°i ADMINISTRATIVE REPORT
:~+tFTi~'
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: Q?
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
October 23, 2003
Cooperative Fire Protection Agreement with the Sequoia National Forest, USDA Forest
Service
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY Vi
CITY MANAGER ~
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The purpose of this agreement is to have a contract with the Federal Government (Sequoia National
Forest, USDA Forest Service) for mutual aid and for "reimbursement" fires.
The City has an agreement with the State of California Office of Emergency Services (DES). However,
this agreement before Council is with the Federal Government, not to be confused with OES. The
purpose of these agreements, however, is primarily the same. If the City of Bakersfield Fire Department
resources are requested from a Federal agency and we respond, this agreement allows us to be
reimbursed for our costs.
Currently, the Forest Service stations an engine (E-56) at Rio Bravo Airport, near Bakersfield Fire
Department's Station 10. This agreement formalizes Engine 56's responses within Station 10's first-in.
Engine 56 would provide mutual aid to the City in this area and likewise, we would provide mutual aid to
them in their area (mouth of canyon to the Richbar Campground, approximately 4 - 5 miles east).
October 28, 2003, 4.33PM
S.\SUSAN`Admin Report Word\SOF Admin Dean.doc
ISTRATIVE REPORT
(S) ADMIN
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 21, 2003
AP ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER (3 4)-S
SUBJECT: Agreement to secure construction of improvements and guaranteeing payment for acquiring
off-site real property interests for Vesting Tentative Tract Map No. 6141; appropriate
$20,000 developer share project cost to the City Attorney's operating budget within the
general fund to cover costs associated with potential eminent domain proceedings for
Vesting Tentative Tract Map No. 6141. (Ward 7)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Conditions of development for Vesting Tentative Tract Map No. 6141 (east side of Stine Road, south of
Berkshire Road), require the subdivider (Cherry Hill Estates, LLC) to acquire off-site right-of-way interests
for "curb return chamfers for the tract entrance street" and for an "irrigation line transition" (Planning
Commission Resolution No. 144-02, November 7, 2002 and Bakersfield Municipal Code section
16.28.150). Lengthy negotiations between the subdivider and the owners of the adjoining properties to
acquire the necessary rights-of-way were not successful.
In the present agreement, the subdivider agrees to secure construction of the required improvements and
agrees to pay the cost(s) of acquiring the off-site right-of-way interests for the required improvements.
The subdivider has requested the City's assistance in acquiring the necessary off-site right-of-way
interests. All costs will be borne by the subdivider, who has made an initial deposit with the City to cover
these expenses, including staff time incurred.
Government Code section 66462.5 requires a local governing body to act to acquire the land or interest
therein for necessary off-site improvements within 120 days of filing the final subdivision map. Upon
ratification by the City Council of this reimbursement agreement, the subdivider's final map will be
accepted for filing.
In the event City staff is unable to acquire the rights-of-way by negotiation, staff may return to Council at a
future meeting with a recommendation to adopt a Resolution of Necessity authorizing a condemnation
action be filed to complete the acquisition.
MGA.lsc
October 24, 2003, 10:10AM
C:0ocuments and Settingslmshawlocal Settings)Temp\CherryHillEstatesTr6141.doc
(1) ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: d. q.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: October 29, 2003
PPRO ED
DEPARTMENT HEA
CITY ATTORNEY y~
CITY MANAGER6702-~,_
SUBJECT: Agreement with ESC Enterprises to grant sole and exclusive right to operate the food and
beverage concession business at the Aquatic Center and Ice Center.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND: The Ice Center and Aquatic Center are on schedule to be completed before the end of
the year. In anticipation of their completion, the City and SMG desire to enter into an agreement to
provide customers with concession and catering services for both locations. Attached is an agreement
between the City, SMG and ESC Enterprises for the operation of food and beverage concession business
for Council's approval.
krf
October 30, 2003, 12:28PM
SSAAdministrationESC Concession Stand 2nd Final Admin.dot
B`~,R
F O J o„ /
ADMINISTRATIVE REPORT
F ~,Fo
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: c2, r,
TO: Honorable Mayor and City Council
FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD,
DATE: October 24, 2003 CITY ATTORNEY
CITY MANAG
SUBJECT: Amendment No. 5 to Agreement No. 98-222 with HTE, Inc. for Service Support of Licensed
Software in the amount of $158,905.35
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
HTE developed many of the software programs which the City runs on the AS/400 computer. Such
programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that HTE continues to update software and
provide service for any problems encountered with these programs.
The Agreement calls for a one-time payment of $158,905.35 which will ensure support through July
31,2004. This amount was included in the FY 03-04 budget. Schedule "A" of the Agreement breaks down
the annual cost for servicing each individual software module. The existing agreement for services was for
$135,871. The increase of $23,034 (16.9%) is due to a 5% increase from the vendor as well as some
additional licensed products purchased during the past fiscal year.
October 23, 2003, 4:26PM
S:\BUDGET\Bud2003-04Wgenda ItemsWdmin for HTE Maint Agreement Amendment 5- November 5.doc
AK
ADMINISTRATIVE REPORT
B gGIFO
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: eQ, 5.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: October 21. 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORN Y
CITY MANAGER 6
SUBJECT: Contract Change Order No. 3 to Agreement No. 03-018 with S.C. Anderson Inc. for total
credit of $4,932.81 (for a revised contract amount of $5,459,599.17) for the Bakersfield Ice
Center Project (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During the construction of the project, it was discovered that the configuration of the
kitchen equipment to be installed required the installation of additional floor drains. The floor of the kitchen
area must also be regraded in order to provide drainage sloping to the new drains. The contractor has
agreed to do this work for an additional $9,759.37.
Additional conduit needs to be installed in the Ice Center building in order to provide fire alarm protection
to the Aquatics Center site. The fire alarm system for both sites is located in the Ice Center building. The
contractor has agreed to install this additional conduit for $2,041.29.
A block wall separating the storage room and pump room needs to be revised due to conflicting structural
steel. The contractor has agreed to revise this wall for $920.14.
During construction, a need to install power and public address system controls to the scorekeeper's box
was discovered. These facilities are needed to control the scoreboard and to announce during league
hockey events. The contractor has agreed to install these additional facilities for $7,671.55.
During construction, it was discovered that the exterior roll-up door opening to the Zamboni room needs to
be modified in order to accommodate the motor for the coiling door. The contractor has agreed to perform
these modifications for $1,499.84.
During construction it was discovered that the tile coving in the bathroom areas was not of sufficient size
to protect from splash during maintenance operations. As such, the tile size as well as the coverage area
was increased. The contractor has agreed to perform these modifications for $1,320.90.
In order to provide equal and balanced light spacing, the acoustic ceiling tile size needed to be reduced.
This result of this modification is an increase in the support struts needed to support the ceiling tile. The
contractor has agreed to modify the ceiling tile size for $1,461.60.
Additional louvers needed to be installed on five (5) doors in the Ice Center building. These louvers are
necessary in order to provide for proper air flow. The contractor has agreed to install these additional
louvers for $514.50.
April 30, 2003
G: ~GR0UPDAT1.ADNlIN RPT20U I 1-05\13akersfield Ice Center 0003.do :
of y~.,,~Ry.
ADMINISTRATIVE REPORT
FIFO
A simplified way to perform interior framing on the upper walls of the Ice Center was proposed by the
contractor. The contractor has agreed to provide a credit the City in the amount of $6,000.00 for this
simplified framing system.
During investigation of the roofing system, an alternate roofing system by the same manufacturer was
identified which was more economical to install. This system was investigated by the architectural
consultants and was found to be equal in quality and life. The contractor has agreed to provide a credit to
the City in the amount of $24,122.00 for this change.
These change order items will decrease the current contract amount by $4,932.81. The cumulative
change orders to date on this project reflect a net credit of $30,400.83 as illustrated below:
Original Contract Amount
Amended Contract Amt after Change Orders
Net Savings
_ $5,490,000.00
$5,459,599.17
30,400.83)
April 30, 2003
G:\GROUPDAT?.ADM INRPT2003\I 1-05\Bakersfield Ice Center 0003.duc
ADMINISTRATIVE REPORT
(1)
MEETING DATE: November 5, 2003 ::JAGENDA SECTION: Consent Calendar
EM. a t
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: October 21, 2003
AP ROVED
DEPARTMENT HEAD- d
CITY ATTORNEY
CITY MANAGER _
SUBJECT: Contract Change Order No. 1 to Agreement No. 03-101 with Elite Landscaping Inc., for
$15,724.26 (for a revised total amount of $416,114.26) for the project known as the Baker Street
Streetscape Project. (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This change order provides for the installation of an automated irrigation system for the
tree planters being placed on Baker Street as part of the Streetscape project. This irrigation system will
provide controlled watering to the new trees and plants within these planters thereby increasing the health
of the plant materials. Without this system, hand watering of these new plant materials would have to be
done by City personnel. The Contractor has agreed to install this irrigation system for the lump sum price
of $15,724.26.
GAGR0UPDATADMINRPT2003\11-05=0 #1 Baker St Streetscape.doc
ADMINISTRATIVE REPORT
(1)
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM: 0?. Ll.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
October 22, 2003
APPROVED
DEPARTMENT HEAD/Yf aJK
CITY ATTORNEY
CITY MANAGER
Accept bid from FS3, $47,254.35, for two (2) replacement Holmatro Rescue Tools for the
Fire Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to six (6) vendors. Three (3) bids were received, as follows:
FS3
18662 Beachmont Avenue
Santa Ana, CA 92705
Canyon State Emergency Products
1545 East Victory Street
Phoenix, AZ 85040
Santiam Emergency Equipment
P.O. Box 13585
Salem, OR 97309
Purchasing Division
DW:Ijm
P:WDMIN\2003 ADMIMC03_1105_A_Holmatro Rescue Tools.doc
in the amount of $47,254.35
in the amount of $56,199.00
in the amount of $57,212.41
October 22, 2003, 5:05PM
El'
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Consent Calendar
ITEM:
TO Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT H
DATE: October 29, 2003 CITY ATTORNEY
CITY MANAGER ~T _
SUBJECT: Appropriate Funds for Pre-Development Analysis and Appraisals - Baker Street and City
Walk Mixed Use Projects. (Wards 1 & 2)
1) Appropriate $50,000 Old Town Kern Housing Fund balance to the Economic and
Community Development Department, Operating Budget for Professional Services and Pre-
development Analysis for the Baker Street, Mixed Use Project.
2) Appropriate $50,000, Southeast Project Area, Housing Fund balance to the
Economic and Community Development Department, Operating Budget for Professional
Services and Pre-development Analysis Associated for the Citywalk Mixed Use Project.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
Improvements planned for as part of the Baker Street and City Walk Mixed Use Projects require the
appropriation of funds to pay for real property appraisals and various state and federal required studies.
This item appropriates the necessary redevelopment funds for this purpose. Staff will be contracting with
appraisers and consultants as needed to perform the work required. The majority of the funds will be used
for real property appraisals as needed for these projects. The pre-development analysis and studies are
needed to comply with state and federal requirements for the housing projects proposed.
As part of the pre-development phase for Citywalk there are certain Federal regulations under the National
Environmental Protection Act (NEPA) requiring the City to complete an environmental review of the
proposed project. As part of this Federally mandated review, the City is required to consult the State
Historic Preservation Officer (SHPO) as to any historical properties that may be affected by the project.
Subsequently, after initial consultation with SHPO, staff has been informed that SHPO is requiring an
updated survey of the project properties to determine their eligibility into the National Register of Historic
Properties. The survey must be completed in accordance with Secretary of the Interior standards, which
means a qualified consultant must be retained to perform this survey. In addition to the SHPO survey
required for Citywalk, there are 11 separate appraisals required which must be performed by a certified
MAI appraiser to establish property values prior to acquisition of the properties. After acquisition, under
State of California, Health and Safety code section 33433, a reuse analysis must be prepared by a
qualified consultant prior to the execution of the Disposition and Development Agreement.
S:1AdminslCity CounciPPreDevelopmentCityWalkOTKMixedUse110503.doc
10/29/2003 1:11 PNI
ADMINISTRATIVE REPORT
Page 2
For the Baker Street - mixed use project, there are approximately 12 appraisals required for various
residential and commercial properties in the area, prior to acquisition. In addition, the corresponding State
Health and Safety Code regulations apply as referenced above for Citywalk including the preparation of
the reuse analysis. A qualified consultant will be retained to prepare the required reuse analysis prior to
the execution of the Disposition and Development agreement for Baker Street.
The appropriation of the low-mod housing funds is necessary to provide funds for these Federal and State
required pre-development surveys and appraisals, prior to the property acquisition phase for the projects.
S:1Admins\Qty CouncillPreDevelopmentCityWalkOTKMixedUse110503.doc
10/29/20031:11 PM
(1)
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003
TO: Honorable Mayor and City Council
FROM: Eric W. Matlock, Chief of Police
DATE: October 29, 2003
AGENDA SECTION: Consent Calendar
ITEM:'
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Upgrade Police Lieutenant Position to Police Captain Position
RECOMMENDATION:
Staff recommends approval of upgrade.
BACKGROUND:
The police department is seeking to upgrade a Lieutenant position to that of a Captain. Currently there
are three captains, each serving as division commanders, and 12 lieutenants who serve as mid-level
managers. This change would reduce the complement of lieutenants by one and increase the number of
captains by one for a total of four. Two of the four captain positions would be assigned to the Operations
Division, which is the largest division in the police department. The span of control for the captains in the
Support Services and Investigations Divisions is approximately 100 positions. Adding a second captain to
the Operations Division will address this inequity as well as improve oversight of field operations.
The Police Department's Operations Division is made up of sworn and civilian staff numbering 210
individuals. Adding a second captain in this division will reduce the span of control to approximately 105
employees for each.
Approximately two years ago the police department, in order to enhance our community policing efforts,
began providing services through a model referred to as "geographic policing." By adding a second
captain to the Operations Division we will place a senior management level officer in command of east and
west Bakersfield. This further extends our community policing efforts by allowing us to be more
responsive to City Council and citizen inquiries, and rapid adjustment to emerging crime trends.
The cost of the upgrading (the difference in salaries between the two positions), is approximately $17,000
annually. The increased cost can be absorbed through our existing 2003/2004 budget.
October 29, 2003, 11:13AM
P:\RPTAdmins\Position Upgrade Lt to Capt 10-03.dot
U 9 ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Closed Session
ITEM:
TO: Honorable Mayor and City Council
FROM: Ginny Gennaro, City Attorney
DATE: October 23, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEYk
CITY MANAGER_ _(3 NZ>
SUBJECT: Conference with Legal Counsel -Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(3)(d) of Government Code
section 54956.9. One (1) potential case.
RECOMMENDATION:
BACKGROUND:
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October 23, 2003, 4:21 PM
A
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ADMINISTRATIVE REPORT
fFO
MEETING DATE: November 5, 2003 I AGENDA SECTION: Closed Session
ITEM 3 b
TO: Honorable Mayor and City Council
FROM: Ginny Gennaro, City Attorney
DATE: October 23, 2003
APPROVE
DEPARTMENT HEAD_ 44
CITY ATTORNEY~_
CITY MANAGER_
SUBJECT: Conference with Legal Counsel - Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
GG:dll
October 23, 2003, 4:23PM
> r i
ADMINISTRATIVE REPORT
A tF0
MEETING DATE: November 5, 2003 AGENDA SECTION: Closed Session
ITEM
TO: Honorable Mayor and City Council
FROM: Bart J. Thiltgen, City Attorney
DATE: October 28, 2003
APPROVED
DEPARTMENT HE D
CITY ATTOR Y Y_
CITY MANAGER 4 ~
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. Kern Delta Water District,
Ventura County Superior Court Case No. CIV 222119
RECOMMENDATION:
BACKGROUND:
BJT:dII
October 28, 2003, 10:21 AM
F ! I
of FIFO
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Roll Call
ITEM:
3. 0-
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: October 27, 2003
APPROVED
DEPARTMENT HEAD. 614~_
CITY ATTORNEY L'~&
CITY MANAGER_ CT&Z_
SUBJECT: Introduction of Student Body Representatives Participating in the 49th consecutive
"Teen City Government Day"
RECOMMENDATION:
To be determined by Council.
BACKGROUND:
The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the
Optimists in sponsoring Teen City Government Day. The school district has indicated thirteen schools
will be participating this year: Bakersfield High School, Bakersfield Christian High School, Centennial
High School, East Bakersfield High School, Foothill High School, Garces High School, Highland High
School, Liberty High School, North High School, Ridgeview High School, South High School, Stockdale
High School, and West High School.
Four students from each school will participate in the Teen City Government Day morning activities.
Students representing the Mayor and Council, the City Manager, Assistant City Manager, City Attorney,
Public Works Director, and Development Services Director (one student representing each school) are
invited to attend the evening session from 7:00 p.m. to no later than 8:00 p.m., with Council then taking
a short recess to allow students to leave to prepare for the following day's classes.
October 27, 2003, 3:42PM
P:\TEEN\Teen03WDM03-11-05-TeenGovDay.doc
(1) ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 I AGENDA SECTION: Hearings
a
ITEM: q. I
TO: Honorable Mayor and City Council PP OVED
FROM: Development Services - Planning DEPARTMENT H AD
DATE: October 15, 2003 CITY ATTORNE
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 03-0341 (Ward 7)
Floyd Hinesley has proposed a General Plan Amendment and ordinance amendment for 40 acres,
located generally south of McKee Road, between Wible Road and State Highway 99.
1. Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designation from R-IA (Resource-Intensive Agriculture) to HMR (High
Medium Density Residential) on 15.36 acres and from ER (Estate Residential) to HMR on
3.75 acres and from R-IA to LR (Low Density Residential) on 20 acres.
2. Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-36 from A (Agriculture) to an R-2 (Limited Multiple Family
Dwelling) zone on 19.11 acres and to an R-1 (One Family Dwelling) zone on 20 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment and first reading of the Ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of single family and multiple
family residential units on the 40t acre site. The Planning Commission conducted public
hearing(s) on this General Plan Amendment/Zone Change and recommended City Council
approval on September 18, 2003. No one was in opposition to the request and the applicant
agreed to all conditions and mitigation for the project. The Planning Commission vote was four to
one for the project. Commissioner Gay voted no and wanted the multiple family residential area to
be located along two major roadways (specifically Wible and McKee Roads). There is no General
Plan policy requiring multi-family residential to be sited at the intersection of two major roads.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August
15, 2003, in accordance with CEQA.
MO
Admin\nov\11-5-0341
A
F F~wur i
ADMINISTRATIVE REPORT
~wI
LIFO
MEETING DATE: November 5, 2003 I AGENDA SECTION: Hearings
ITEM: h
TO: Honorable Mayor and City Council
FROM: Development Services - Planning
DATE: October 28, 2003
P VED
DEPARTMENT HE D
CITY ATTORNE V~
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 03-0764 (Ward 4)
McMillan Albany, LLC has proposed a General Plan Amendment and an ordinance amendment on
5t acres located along the northwest corner of Progress Road and Panama Lane.
1. Resolution approving the Mitigated Negative Declaration, upholding the Planning
Commission's disapproval of the requested LR (Low Density Residential) and denying the
appeal for a LR land use designation.
2. Resolution adopting the Negative Declaration, upholding the Planning Commission's
disapproval of the requested R-1 (One Family Dwelling) and denying the appeal for a R-1
zone.
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Negative Declaration, upholding the
Planning Commission's recommendation to disapprove the applicant's requested land use
designation change from GC (General Commercial) to LR and zone change from C-1
(Neighborhood Commercial) to R-1 denying the appeal.
BACKGROUND:
The applicant requested a general plan amendment from GC (General Commercial) to LR (Low
Density Residential) and a zone change from C-1 (Neighborhood Commercial) to R-1 (Limited
Multiple-Family Dwelling) or more restrictive zoning on 5.00 acres.
The subject site is located within an area designated and zoned for agricultural, residential and
industrial development. East of the subject site and located adjacent to and between the Sunset
Railroad (Southern Pacific Railroad) Pacheco Road and Panama Lane is 240 acres of undeveloped
land designated SI and zoned M-2. Southeast of the subject site located along the southeast
corner of Progress Road/Sunset Railroad and the Panama Lane Intersection are two 9.87 acre
parcels (19.74 acres, County jurisdiction). These two parcels are developed to a concrete batch
plant and an asphalt batch plant.
ADMINISTRATIVE REPORT Page2
Staff recommended denial to the Planning Commission because of concerns regarding the
potential incompatibility between future residential uses and the existing concrete and asphalt
batch plants. These batch plants present potential aesthetic, light, noise, traffic and vibration
impacts.
The Planning Commission agreed with staff and recommended disapproval of the proposed project
on October 5, 2003. Commission concerns with the GPA/ZC are if the subject site is developed to
residences such development would be adversely impacted by activities from the two batch plants.
Batch plant activities which could impact residential development include, but are not limited to,
dust, fumes, noise, potential odor, employee and heavy truck traffic. The applicant's
representative, Harold Robertson of Porter Robertson Engineering, was the only speaker against
staff's recommendation.
On October 10, 2003, applicant filed an appeal of the Planning Commission's recommendation to
disapprove GPA/ZC 03-0764. The applicant provides the following information in support of
GPA/ZC 03-0764.
A Mitigated Negative Declaration was prepared for the project.
The staff report states that land use incompatibility, traffic, noise and vibration impacts
present the greatest concerned due to proximity of M-3 uses (i.e. concrete and asphalt
batch plants) (Staff Report GPA 1-93 Segment VII/Zone Change 5426). The Negative
Declaration asserts that the project could not have a significant impact on the environment.
3. Upon annexation, the City designated the land uses as LR (Low Density Residential)
and thereby determined that the residential land use was compatible with the existing
concrete and asphalt batch plants".
4. The staff report prepared for GPA 1-93 Segment VII contained correspondence from the
batch plant operators objecting to the change. The 1993 Planning Commission minutes
indicate there was considerable discussion regarding the incompatibility of the commercial
site in proximity of the batch plants.
The City determined that M-2 and M-3 uses are compatible with residential uses by
approving Tracts 6003 and 6042 that abut industrial land use designations.
The GC/C-1 subject site was created by GPA 1-93 Segment VI12C 5426. Applicant had originally
requested a C-2 (Regional Commercial) zoning on the subject site for purposes of a shopping
center. Staff reasoned that parcels under ten acres in size, located on an arterial and a collector,
are best suited for neighborhood commercial rather than regional commercial uses; therefore, staff
recommended the C-1 zoning district. The Planning Commission recommended approval of the C-
1 zoning on March 18, 1993, and the C-1 was approved by the City Council on May 26, 1993.
The staff report prepared for GPA 1-93 Segment VII/ZC 5426 discussed placement of commercial
land uses, on the subject site, as a buffer between industrial uses and residential development (i.e.
assist in minimizing aesthetic, light, noise, and vibration impacts from industrial development).
RD
Admin\nov\11-5-0764
(1) ADMINISTRATIVE REPORT
AGENDA SECTION: Hearings
MEETING DATE: November 5, 2003 ITEM: a 0
TO: Honorable Mayor and City Council
FROM: Development Services - Planning
DATE: October 27, 2003
PROVED
DEPARTMENT EAD ~~vv
CITY ATTOR Y__4",
CITY MANAGER
SUBJECT: Resolution upholding and modifying the decision of the Planning Commission approving
Vesting Tentative Tract Map 6148 located on the east side of Alfred Harrell Highway, south
of the Kern River Golf Course and the Mitigated Negative Declaration, denying the
appeals by the Sierra Club, and Sage Community Group, Inc. (Ward 3)
RECOMMENDATION:
Staff recommends to adopt resolution upholding and modifying the Planning Commission's
decision approving the Mitigated Negative Declaration and Vesting Tentative Tract Map 6148
and denying the appeals.
BACKGROUND:
The City Council continued the public hearing for this appeal from September 10, 2003 to
October 8, 2003 and November 5, 2003 at the request of Sage Community Group, Inc.
On June 5, 2003, the Planning Commission adopted Resolution No. 92-03, conditionally
approving Vesting Tentative Tract Map 6148 proposed by Pinnacle Engineering, the applicant
representing Sage Community Group, Inc. Tract 6148 is located on the east side of Alfred
Harrell Highway, south of the Kern River Golf Course. Gordon I. Nipp, of the Sierra Club filed an
appeal to the Planning Commission's approval of Tract 6148 and Negative Declaration citing
cumulative impacts to air quality and traffic are significant. Robert Smith, of Sage Community
Group Inc., also filed an appeal relative to conditions of approval addressing the acquisition of
the Specific Plan Line for State Route 178.
Tract 6148 consists of a proposed phased subdivision consisting of 361 lots for the purpose of a
gated private street single family residential development and one park lot and 3 open space
lots on 219 acres zoned for single family residential with some Hillside Development, Floodplain
Primary and Secondary overlays. The tract also includes a request for alternate street and lot
designs, and reserving a drill site.
The Initial Study, draft resolution, staff report to the Planning Commission and Planning
Commission minutes are attached. The "Background Material for Tract 6148" containing an "Air
Quality Study" by WZI, Inc., "Biological Assessment and Addendum" by Pruett and Associates,
ADMINISTRATIVE REPORT
Page 2
and a "Limited Traffic Study" by Pinnacle Engineering are in a separate binder for review at the
City Clerk's office. Mitigation measures from these studies as well as mitigation addressing
cultural and paleontological resources are included in the conditions of approval that reduce all
impacts to less than significant levels.
During the June 5, 2003 public hearing before the Planning Commission, eight speakers in
opposition spoke expressing concerns related to reduced air quality, and the scenic nature of
the area, increased traffic, and use of solar energy. Five speakers spoke in support of the
project.
The Sierra Club's letter of appeal (attached as background material) 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. In addition, the letter states
there are potential for unexplored impacts to wildlife as well as impact of building next to the
river.
Staff Resoonse: The "Air Quality Study" prepared by WZI, Inc. evaluated cumulative air
quality impacts and determined that the project is considered cumulatively less than significant
with mitigation for Nitrogen Oxides (NOx) and Reactive Organic Gases (ROG). In accordance
with CEQA, the implementation of mitigation measures to reduce impact to less than significant
levels is appropriate, and an EIR is then not necessary.
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 (PWD) 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. 6, which requires the construction of widening the tract's frontage along Alfred
Harrell Highway. In addition, PWD is proposing advance planning in the 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.
Sage Community has appealed Condition No. 8, which addresses the Highway 178 Specific
Plan Line that traverses the southern portion of the tract. In their appeal letter (attached as
background material), Sage desires the adopted Specific Plan Line should be moved south to
the Tract's south boundary or to the south side of Old Walker Pass Road. Sage believes the
current Specific Line was set without analysis of local topography; it severs Tract 6148; that
realignment can be done without major change to the overall freeway alignment; and
realignment will help solve Alfred Harrell Highway/ Old Walker Pass interchange design issues.
Condition No. 8 requires that prior to recordation of the first phase, the applicant enter into an
agreement with the City to reserve Phase 1 (area that includes the SR 178 Specific Plan Line)
for City acquisition within two years of the completion and acceptance of improvements for the
first phase other than the Phase containing the SR 178 Line. Also, this condition limits the
ADMINISTRATIVE REPORT
Page 3
access across Highway 178 to Old Walker Pass Road (adjacent the freeway reservation) to one
location in order to accommodate potential future freeway improvements.
Staff Response: In early 1960's, the State of California adopted a route for the alignment of
SR 178 east of Bakersfield. In 1995, the City amended the Circulation Element of the
Metropolitan Bakersfield General Plan, and adopted the alignment as a Specific Plan Line and
included a width of 210 feet for the freeway facility. In accordance with the Subdivision Map
Act, a tentative subdivision map is required to be consistent with the General Plan, and specific
plans which depicts the SR 178 Specific Line. Tract 6148 as approved by the Planning
Commission reflects the adopted Specific Plan Line of SR 178. The applicant's request would
render Tract 6148 inconsistent with the General Plan and therefore, the Subdivision Map Act
does not allow the City to approve the tract.
Any modification to the adopted route requires a great deal of environmental work. Typically,
this involves a process that could take up to twelve (12) years to complete. Based upon the
time frames for modification to Specific Plan Line adopted by Caltrans and the fact that Caltrans
is not a party to the development process, staff cannot recommend altering the existing Specific
Plan Line. Prior to submission of the tract application, Sage Community was aware of the
Specific Plan Line and that the subdivision is required to accommodate the Specific Plan Line.
Therefore, Public Works recommends that Conditions 8.1 and 8.2 remain intact. The conditions
are reasonable to both the City and the applicant. In fact, the applicant agreed to these
conditions prior to the Planning Commission hearing. Staff is of the opinion that the conditions
related to the Specific Plan Line of Highway 178 should not be revised.
Environmental Determination.
On December 11, 2002, pursuant to Resolution Nos. 222-02 and 223-02, the Bakersfield City
Council approved the Metropolitan Bakersfield General Plan Update (General Plan Update),
certified the Metropolitan Bakersfield General Plan Update Environmental Impact Report (General
Plan Update EIR), and made the requisite findings to support these actions. In the General Plan
Update and General Plan Update EIR, the City comprehensively analyzed the future development
of the City and the associated environmental impacts through 2020.
The City prepared an Initial Study (Pub. Res. Code § 21094) for Tract 6148. Based upon the Initial
Study, the City determined that a Mitigated Negative Declaration was the appropriate CEQA
document for Tract 6148 because there is no substantial evidence, in light of the whole record
before the City, that Tract 6148 would have a significant effect on the environment with the
incorporation of project-specific mitigation. (CEQA Guidelines 15152(f), 15070.)
A subsequent or supplemental EIR is not required because (1) Tract 6148 will not require
important revisions to the General Plan Update EIR in that no new significant environmental
impacts (not previously considered as part of the General Plan Update EIR) have been identified;
(2) no substantial changes with respect to the circumstances under which Tract 6148 is undertaken
have occurred; and (3) no new information or issues of substantial importance (which were not
previously addressed in the General Plan Update EIR) have been identified in the Initial Study.
CEQA Guidelines § 15162. Further, there are no peculiar impacts associated with Tract 6148,
which have not been substantially mitigated through project-specific mitigation, that have not
ADMINISTRATIVE REPORT Page4
already been addressed in the General Plan Update EIR. Pub. Res. Code § 21083.3(c); CEQA
Guidelines § 15183(c). Accordingly, a Mitigated Negative Declaration is the appropriate CEQA
document for Tract 6148.
During the 30-day public review and comment period, the City received comments from the Sierra
Club regarding the adequacy of the Mitigated Negative Declaration for Tract 6148. Sierra Club's
concerns and comments are fully addressed in the Mitigated Negative Declaration and in the May
20, 2003, letter from Pinnacle Engineering, which is incorporated by reference and is part of the
record for this project. One of Sierra Club's major concerns with the Mitigated Negative
Declaration for Tract 6148 is the adequacy of the cumulative air quality analysis.
The Mitigated Negative Declaration adequately and comprehensively estimates Tract 6148's air
quality cumulative impacts and concludes, with mitigation, that these impacts will be less than
significant. Specifically, with the inclusion of Mitigation Measure Condition # 40, ozone precursor
emissions (ROG and NOx), emissions of regional importance, will be reduced to a level of
insignificance.
Because the City can determine these air quality cumulative impacts were adequately addressed
in the General Plan Update EIR, the cumulative impacts need not be treated as a significant impact
now. CEQA Guidelines § 15152(f)(1). When making this determination, the City's inquiry is limited
to the question of whether the incremental effects of Tract 6148 would result in a new cumulative
impact when viewed in the context of other cumulative projects. CEQA Guidelines § 15152(f)(2).
For Tract 6148, the incremental air quality impacts of the project would not result in a new
cumulatively significant impact because, consistent with the San Joaquin's Air Pollution Control
District's (the District) Guide for Assessing and Mitigating Air Quality Impacts (amended January
10, 2002), the project-specific impacts, as mitigated, are not significant. In addition to this reason
and the reasons expressed in Mitigated Negative Declaration and in the May 20, 2003, letter from
Pinnacle Engineering, under CEQA and the CEQA Guidelines, Tract 6148's cumulative air quality
impacts are not significant due to the following:
• impacts have been mitigated to less than significant (CEQA Guidelines § 15064(i)(2)) and
Tract 6148 complies with the District's Air Quality Attainment Plan (CEQA Guidelines §
15064(i)(3));
• impacts have been mitigated to less than significant and the General Plan Update EIR
adequately addressed air quality cumulative impacts (CEQA Guidelines § 15130(d)); and
• further analysis of air quality cumulative impacts is not required because (1) Tract 6148 is
consistent with the General Plan Update, (2) impacts associated with Tract 6148 are not
peculiar to the impacts that were previously addressed in the General Plan Update EIR, (3)
mitigation will reduce impacts to less than significant, and (4) mitigation from the General
Plan Update EIR will be incorporated into Tract 6148's conditions of approval (Pub. Res.
Code § 21083.3; CEQA Guidelines § 15183).
As a result, no significant new information, within the meaning of the Pub. Res. Code § 21092.1
and CEQA Guidelines § 15088.5, has been presented to the City that would necessitate
recirculation of the Mitigated Negative Declaration for further public review. The Planning
ADMINISTRATIVE REPORT
Page 5
Commission and City Council have or will have considered all verbal and written comments relating
to the Mitigated Negative Declaration and the City Council can determine that no significant new
information has arisen. In accordance with CEQA, the Negative Declaration with mitigation
measures is adequate and an appropriate environmental document.
Conclusion.
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 March 11, 2003, which is the date the application was deemed complete.
The applicant has agreed to add Condition No. 52 regarding indemnification.
Based on the above information, staff recommends the Council uphold and modify the Planning
Commission's decision to approve the tract with conditions and mitigation measures, adopt the
Negative Declaration, and to deny the appeals by the Sierra Club and Sage Community.
Jeng
Admin\oct\revised admin 11-5-6148
f BA
ADMINISTRATIVE REPORT
qZj 0
MEETING DATE: November 5, 2003 [AGENDA SECTION: Hearings
ITEM: C1
TO: Honorable Mayor and City Council
FROM: Development Services - Planning
DATE: September 22, 2003
P ROVED
i
DEPARTMENT AD
CITY ATTORN
CITY MANAGER OV 7
SUBJECT: Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract Map 6191 and the Negative Declaration, denying the appeal by the Sierra
Club (Ralph W. Miller, Trustee) located on the south side of Paladino Drive, west of
Morning Drive. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6191 and denying the appeal.
BACKGROUND:
On August 21, 2003, the Planning Commission adopted Resolution No. 121-03, conditionally
approving Vesting Tentative Tract Map 6191 proposed by Porter-Robertson Engineering, the
applicant representing Blumer Development, Inc. Tract 6191 is located on the south side of
Paladino Drive, west of Morning Drive. Gordon I. Nipp, of the Sierra Club filed an appeal to the
Planning Commission's approval of Tract 6191 and Negative Declaration on the grounds that
cumulative impacts to air quality, traffic and biological resources are significant.
Tract 6191 is a proposed phased subdivision consisting of 173 lots for the purpose of single family
residential development and one lot for future development on 84.40 acres zoned for single family
residential. The tract also includes a request for deviations from standard subdivision design to
allow reverse corner lots, non-radial/non-perpendicular lots lines, and block lengths that exceed
1,000 feet.
The Initial Study is attached in the material labeled "Background Material for Tract 6191." The
studies include an "Air Quality Study" by Porter-Robertson Engineering, "Biological Assessment
and Addendum" by Pruett and Associates, and an "Archaeological Study" by Hudlow Cultural
Resources. As a result of these studies, Condition No. 29 relating to archaeological resources was
added. No other mitigation was recommended as the impacts of this development were
determined by these specialists to be less than significant.
During the August 21, 2003 public hearing before the Planning Commission, three speakers in
opposition spoke expressing concerns related to air quality, biological resources in the area,
ADMINISTRATIVE REPORT
Page 2
lighting and traffic impacts. One person spoke in support of the project. During the public review
period, nine letters which are also included in the materials labeled "Background Material for Tract
6191" were received from the adjacent neighbors expressing concerns about the loss of their view,
dust control, expected trash from construction operations, traffic as a result of model homes and
endangered species. As a result of the neighborhood concerns, the Planning Commission added
Condition No. 35 relative to model home placement.
The Sierra Club has appealed the Planning Commission's decision to approve this project, on the
basis that the environmental analysis of the impacts of this project were inadequate.
Conclusion.
The initial study conducted on this project site determined that the environmental impacts of this
subdivision are less than significant. In accordance with CEQA, the Negative is adequate and an
appropriate environmental document.
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 July 30, 2003, which is the date the application was deemed complete.
Based on the above information, Staff recommends the Council uphold and modify the Planning
Commission's decision to approve the tract with conditions and mitigation measures, adopt the
Negative Declaration, and to deny the appeal by the Sierra Club.
LP
Admin\nov\11-5-6191
ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2003 AGENDA SECTION: Hearings
ITEM q e
TO: Honorable Mayor and City Council AP ROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: October 30, 2003 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving the issuance of Multi-family Housing Revenue Bonds (not to exceed
$30 million) by the California Statewide Communities Development Authority (TEFRA
Hearing). (WARD 3)
RECOMMENDATION:
Staff recommends continue hearing to December 10, 2003.
BACKGROUND:
Social Urban Village, Inc. (SUV), a California non-profit corporation, is working with the California
Statewide Communities Development Authority (CSCDA) to obtain financial assistance through the
issuance of tax-exempt Multi-Family Housing Revenue Bonds. SUV is requesting these housing revenue
bonds to finance the acquisition and rehabilitation of a total of 408 existing multi-family apartments located
at: 901 West Columbus Street (Pacific View Apartment - 130 units); 4020-4032 "O" Street (Pacific Palms
Apartments - 44 units); 3901 "Q" Street (Pacific Pines Apartments - 162 units); and 3800 "Q" Street
(Pacific Pointe Apartments - 72 units). The new owners are proposing to designate 163 units of the total
units as affordable units and 240 units will be at market rate rents. SUV will also have five on-site
apartment managers.
The CSCDA provides financing by issuing bonds, notes, or other evidence of indebtedness in order to
promote economic development and housing opportunities. On March 26, 1997, the City Council joined
with the CSCDA at their request of another developer pursuing bonds for the financing of multi-family
housing, and again on January 14, 1998. None of the City's funds will be pledged for the repayment of the
bonds.
By utilizing the CSCDA, the City of Bakersfield will not be the public conduit nor the actual issuer of the
bonds needed for this project. The CSCDA will also process the necessary applications, conduct due
diligence, apply for State allocation and coordinate all bond documentation and issuances. Pursuant to
the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989 the City must publish a
public notice and conduct a hearing to receive input from the public on the proposed issuance of these
bonds. Any comment received during the public hearing will be given due consideration. The public
notice was published on October 22, 2003.
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